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7,873 | Gary Amano | Utah State University – Logan | [
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] | {"7873_101.pdf": "release/article_44925116-33dd-53c1-ae99-760b099866d7.html USU: Piano program director retired days before misconduct report's release Kevin Opsahl staff writer Apr 6, 2018 President Noelle Cockett and Board of Trustees Chairman Jody Burnett speak at a news conference on Friday in the Chase Fine Arts Center on campus. Kevin Opsahl/Herald Journal Days before the release of a report that concluded the piano program discriminated against women and harassed students, the director of USU's piano program announced his retirement, according to President Noelle Cockett. Privacy - Terms 2/17/25, 12:14 USU: Piano program director retired days before misconduct report's release | Allaccess | hjnews.com 1/7 Cockett said in a press conference Friday that Gary Amano stated he would retire immediately via letter April 2. Amano's dismissal was one of six recommendations made by outside investigators looking into accusations against the program from former students. The investigators also recommended remove the professor in the interim position, work to find a new leader for the program and institute more aggressive standards of investigation at its Title office, among other reforms hefty portion of the report, released with some redactions, is devoted to anonymous students' accounts of repeated instances by some piano program administrators and faculty of sexual assault and harassment, gender discrimination, humiliation, intimidation and vindictiveness. Cockett said Friday that the institution can't move forward without acknowledging its past mistakes. She thanked the students who spoke out about what they faced in the program. \"Thank you for being so brave; thank you for demanding changes at Utah State,\" she said. \"We are moving forward because of your exceptional strength.\" The investigation took flight in February after former music department students wrote on social media that they experienced misconduct ranging from rape to intimidation at the hands of music department employees. \"For decades the Piano Program tolerated psychologically abusive faculty behavior,\" the report states. \"Behavior that drove some students to leave the program without degrees, giving up the piano altogether, and other students to contend with abuse until they graduated.\" Several women said their experience in the piano program impacted their personal well-being. 2/17/25, 12:14 USU: Piano program director retired days before misconduct report's release | Allaccess | hjnews.com 2/7 Former student Brittany Farnsworth spoke with The Herald Journal about her time in the program in the late '90s actually started becoming ill all the time,\" Farnsworth said think was under such extreme stress and anxiety that was ill ended up in the hospital several times while was still attending school.\" Farnsworth said she transferred to the UofU piano program. She said \"it was a night- and-day difference as to how they ran things and how things happen and how was treated.\" The report released Friday by Snell & Wilmer states it collected hundreds of pages of documents from various offices, social media and correspondence from current and former students and faculty in the program. Investigators interviewed about 60 witnesses, while a few others declined to participate. \"The university asked Mr. Sullivan to go wherever his interviews might take him and not hold back,\" said Jody Burnett, chairman of the Board of Trustees, at the news conference. \"Then, we got out of his way.\" Amy Arakelyan, one of the former piano studies students who first posted about her experience in the piano program on social media, heard the press conference and believes USU's actions are a step in the right direction. \"I'm very impressed with Noelle Cockett, the president,\" she said feel like she understands these issues and she's willing to go to bat for us. So, I'm hopeful.\" Cockett, USU's first female president, was asked by a reporter Friday what it's like to be a female president and deal with issues like campus sexual violence. \"I'm so glad I'm able to be here and make these changes,\" she said. \"This is me. I'm a fixer.\" 2/17/25, 12:14 USU: Piano program director retired days before misconduct report's release | Allaccess | hjnews.com 3/7 Sexual harassment and sexual assault The report states that four music department faculty members were accused sexually harassing or even assaulting students, including both men and women, between 1994 and 2012. The report does not name the accused faculty members but states that two were still working at the university at the time of the report. One former faculty member admitted to \"having repeated sexual relations with at least three female students in the Piano Program during the late 2000s, but he claims that all of them were consensual.\" Regardless of whether the relationships were consensual, university policy prohibits sexual relations between students and their professors, and \"some of them appear to have been common knowledge at the time, but none of them appears to have been taken seriously by the leadership of the Piano Program or the University,\" the report states. \"In several instances, the only party to be criticized was the victim.\" Gender discrimination Amano led the piano program since the 1980s until administrators placed him on sabbatical in August of last year. According to the report, Amano \u201ccreated a hostile academic environment for women.\u201d In an interview with investigators, Amano denied accusations of gender discrimination against him but stated \"it is a fact of life\" the world's greatest piano players are men. \"He seems consistently to have told his students that males are more likely to become great performers because they have greater upper body strength and larger hands,\" the report states. 2/17/25, 12:14 USU: Piano program director retired days before misconduct report's release | Allaccess | hjnews.com 4/7 Investigators noted there were students interviewed who loved or hated Amano, but through their investigation they concluded the piano program was stacked against women, favored men and school officials did nothing to correct this systematic problem for years. The report recommended Amano be dismissed or reassigned to another position in the music department that does not allow contact with piano students or faculty. In an interview, Arakelyan said she doesn't wish \"ill will toward anyone\" but she has witnessed Amano's cruelty toward students. \"So the fact that he will no longer be in a position to treat students in that way think it's for the best,\" Arakelyan said. \"It's very significant.\" New director search Investigators also recommended Professor Dennis Hirst \u2014 who has served as interim coordinator of the piano program since Amano went on sabbatical \u2014 should be dismissed from that position because he either enabled Amano's behavior or ignored it. Other than stripping him of that position, investigators did not recommend any sanction for Hirst. \u201cThe university should choose a coordinator who is committed to providing opportunities for all of the Program\u2019s students,\u201d the report states. \u201cHe or she should be capable of restoring peace and confidence among colleagues in the Piano Program and resolving the deep conflicts that now undermine the Program\u2019s mission.\u201d At Friday's press conference, Cockett said Hirst has been removed as interim piano coordinator and the university will initiate a process to impose sanctions on him, but the outcome of that process has yet to be determined. Other recommendations and reforms 2/17/25, 12:14 USU: Piano program director retired days before misconduct report's release | Allaccess | hjnews.com 5/7 The firm did note that during the last fall semester, music department faculty and staff made significant reforms in the piano program to combat the gender discrimination problem. The reforms even led to a letter of praise by students, who wished the problem had been addressed earlier. Still, the report recommends the college work with other offices at the university on a plan to eliminate gender discrimination. The plan, the law firm stated, should work to ensure women who are awarded scholarships or scored for performances should be treated fairly, without consideration of gender. Going a step further, Cockett stated Friday that a taskforce, chaired by Professor Ronda Callister, who has studied the impact of gender on careers, would be formed to look for any gender discrimination across the entire university. Specific objectives and selecting the members of the taskforce have not yet been worked out, Cockett said. The report recommends the college come up with standards to prevent faculty-on- student psychological abuse. Investigators say students should be \u201cappropriately challenged\u201d but \u201cwithout \u2026 ridicule from faculty.\u201d The firm also recommended a clearer way for student complaints of faculty misconduct to be evaluated. Investigators also recommended reforms for USU\u2019s Title office, including a \u201cmore aggressive\u201d look at faculty accused of misconduct regardless of whether they have tenure. The Title office should be able to follow up on serious student claims of misconduct even if those cases fall outside the scope of the office\u2019s charter, the report states. 2/17/25, 12:14 USU: Piano program director retired days before misconduct report's release | Allaccess | hjnews.com 6/7 Kevin Opsahl More Information \u2022 Recommendation: Dismiss or reassign Gary Amano. Announced action: Amano submitted a letter announcing retirement April 2. \u2022 Recommendation former faculty member, whose name was redacted, should not be allowed to rejoin or participate in the Youth Conservatory or piano clinic. Announced action: The individual has been barred from employment at USU. \u2022 Recommendation: Dismiss Professor Dennis Hirst from interim piano coordinator position. Announced action: Hirst has been removed from this position and the university will move forward with the sanctions process. \u2022 Recommendation: Caine College of the Arts should develop standards for faculty behavior and clear procedures for how it handles allegations of student mistreatment. Announced action: The music department head and others have started implementing changes on this issue within the last 12 months. Those changes include a code of ethics for faculty; a board established to review student allegations; scholarships now awarded on a point system; encouraging students to seek counseling through a dedicated counselor for the college. Other actions in the future could include windows in all one-on-one practice rooms and cameras in instruction areas. \u2022 Recommendation: Address gender discrimination. Announced action: The Caine College has already started making changes to these issues starting last summer, as mentioned before. In addition, a taskforce addressing gender discrimination at the university level will be initiated. \u2022 Recommendation: Develop more standards for more stringent Title review of student claims of gender discrimination and sexual harassment by faculty. Announced action reorganization of the structure of the office \u2014 including leadership changes, adding more staff, a position to oversee prevention training and increased compliance oversight piano report Apr 6, 2018 2/17/25, 12:14 USU: Piano program director retired days before misconduct report's release | Allaccess | hjnews.com 7/7", "7873_102.pdf": "Utah State University students endured \u2018pervasive\u2019 sexism and abuse from piano faculty as reports were mishandled, investigation shows Sex assault allegations to be addressed by President Noelle Cock Sex assault allegations to be addressed by President Noelle Cock 2News was live\u00b7 Follow Follow Facebook Watch Share By Erin Alberty, Taylor Stevens and Jessica Miller Schreifels | April 6, 2018, 10:38 a.m. | Updated: May 1, 2018, 2:09 p.m. Comment 2/17/25, 12:14 Utah State University students endured \u2018pervasive\u2019 sexism and abuse from piano faculty as reports were mishandled, investigation\u2026 1/11 Logan \u2022 Piano students at Utah State University endured a \u201cpervasive culture\u201d of sexism, a \u201cdisturbing\u201d pattern of sexual violence and psychological abuse by faculty, an investigation has revealed. Four music instructors were accused of assaulting or harassing students, those who complained faced retaliation, and women received 41 cents for every dollar of scholarship funding given to men. And university officials failed to act for years, investigators concluded. At a news conference Friday President Noelle Cockett responded to the blistering findings and outlined her plans for reform. \u201cStep one in moving forward is standing up and admitting that we at Utah State made mistakes in the way we handled issues of abuse, of mistreatment of students and even of instances of sexual assault,\u201d Cockett said. Gary Amano, the head piano teacher, has retired, she announced. The school has removed the interim piano program coordinator from that role and will make \u201cleadership changes\u201d at its Title office, which handles complaints of assault and discrimination new task force will investigate gender discrimination campuswide and the school will consider making it simpler to discipline faculty want the university community and the public to understand that these issues that showed up in the review don\u2019t just affect those who experienced them directly,\u201d she said. \u201cThese issues challenge the very mission of our university and threaten the futures and careers of more than just the victims, more than just those directly involved hired Salt Lake City attorney Alan Sullivan to investigate the piano program last month after former students began posting on social media accounts of rape, sexism, and bullying by faculty. The firm interviewed 60 current and former students, faculty, and other employees, and reviewed hundreds of university records. Sullivan concluded that Amano had 2/17/25, 12:14 Utah State University students endured \u2018pervasive\u2019 sexism and abuse from piano faculty as reports were mishandled, investigation\u2026 2/11 committed or facilitated extensive abuses \u2014 and that multiple university administrators knew this but did nothing. \u201cUnfortunately, \u2026 the university\u2019s music department and Title office did little to address the problem despite repeated opportunities to confront Professor Amano and respond to complaints,\u201d Sullivan wrote. Sullivan\u2019s report identifies eight student complaints that reached administrators in the music department and elsewhere in the university. The Tribune has reported on four additional student complaints to administrators had previously promised, in 2016, to strengthen its Title enforcement and its handling of sexual misconduct complaints, in the wake of multiple rape allegations against former football player Torrey Green. Its latest vow of reform comes as the U.S. Department of Justice investigates its response to campus sexual assault, in a federal review announced in 2017. \u2018Unwilling to confront ... offenders\u2019 One former student said that as one of the few women in Amano\u2019s elite studio, she practiced harder than her classmates, always in fear of being kicked out. She told investigators the teacher\u2019s attitude was, \u201cIf give you this privilege or opportunity, it\u2019ll just take it away from a male.\u201d Another said she was afraid to practice in the music building at night because an instructor, one of Amano\u2019s favorite graduate students, repeatedly touched her and tried to meet with her alone. Another former student told investigators a music teacher \u201c\u2018terrorized\u2019 her on and off for years\u201d after he raped her. Sullivan\u2019s report identifies six complaints of sexual violence, discrimination and mistreatment by faculty against piano students, made to USU\u2019s Title investigators. 2/17/25, 12:14 Utah State University students endured \u2018pervasive\u2019 sexism and abuse from piano faculty as reports were mishandled, investigation\u2026 3/11 Four music instructors were accused of sexually harassing and assaulting piano students from 1994 to 2012, according to Sullivan\u2019s report. Their names were redacted. Two of the accused instructors remain employed at USU, and Cockett did not specifically address whether their employment or the allegations will be reviewed. Sullivan identified four alleged victims of one former instructor, two of whom complained to Title staff; The Tribune has spoken with another former student who said she was raped by the same man when they were undergraduate classmates. Cockett said that man has been banned from employment at USU. Amano defended the instructor and criticized the student who filed the most recent complaint, Title records show. Title investigators wrote that they feared Amano would retaliate against the student for making the complaint. Amano also allegedly wrote a letter to the parents of a student who reported an assault by another music professor; that former student said Amano blamed her parents, saying they had given her \u201ctoo much freedom,\u201d Sullivan wrote. Despite multiple reports of retaliation and sexism, Amano faced no action until music department administrators asked him to go on sabbatical last year disturbing pattern emerges from all of these incidents: Some of them appear to have been common knowledge at the time, but none of them appears to have been taken seriously by the leadership of the piano program or the university,\u201d Sullivan wrote. \u201cIn several instances, the only party to be criticized was the victim. \u2026 The incidents demonstrate, at the very least, a persistent bias against women and a serious lack of faculty supervision and discipline. They also demonstrate that piano program faculty and music department leadership were for years unwilling to confront sexual harassment offenders.\u201d Amano announced his retirement on Monday, one day after The Tribune published a story detailing allegations of mistreatment and misconduct from 20 former and current 2/17/25, 12:14 Utah State University students endured \u2018pervasive\u2019 sexism and abuse from piano faculty as reports were mishandled, investigation\u2026 4/11 students at and its attached Youth Conservatory, including eight students who said they complained to university administrators. The university has begun a \u201csanction process\u201d against piano professor Dennis Hirst, Cockett said. He has taught at since 1993 and was interim coordinator of the piano program. Hirst \u201cenabled Professor Amano\u2019s discriminatory acts, or else ignored them, without taking meaningful steps to hold him accountable or correct the problems to which they led,\u201d Sullivan wrote. Sullivan also identified three cases in which Craig Jessop, dean of USU\u2019s arts college and former director of the Mormon Tabernacle Choir, was made aware of piano students\u2019 complaints. Two additional women have told the Tribune they complained directly to Jessop about conditions in the program. Sullivan did not make a recommendation about Jessop. Asked whether Jessop or other administrators would be disciplined, Cockett said, \u201cThis is not the conclusion of this situation\u201d and that the school would continue to look into how employees handled student allegations. She said she also expects the school will receive additional reports. Tolerating abuse The insults, public belittling and threats faced by many piano students needlessly undermined their education and devastated their careers, Sullivan wrote. \u201cFor decades the piano program tolerated psychologically abusive faculty behavior \u2014 behavior that drove some students to leave the program without degrees, giving up the piano altogether, and other students to contend with abuse until they graduated,\u201d he wrote. \u201c... The training of elite piano performers undoubtedly must be rigorous and highly disciplined,\u201d he added. \u201cBut we do not believe there is any excuse for the humiliating treatment that some students experienced.\u201d 2/17/25, 12:14 Utah State University students endured \u2018pervasive\u2019 sexism and abuse from piano faculty as reports were mishandled, investigation\u2026 5/11 The report catalogs students\u2019 claims of sexist remarks by Amano, including that women are \u201clikely to become nothing more than housewives and neighborhood piano teachers\u201d and men are naturally better pianists than women and were more deserving of performance opportunities. In interviews, Amano rejected those claims, stating he had never disparaged female students or discriminated against them, the report states \u2014 but, he told investigators, \u201cit is a fact of life\u201d that most elite piano performers are men. He has not responded to requests for comment from The Tribune. Until last year, Amano was \u201cthe sole arbiter of piano scholarships,\u201d Sullivan wrote, and students said they \u201cwere under the constant threat that their scholarships would be reduced if Professor Amano became displeased with them.\u201d Investigators found that since 2009, women piano students had received 41 cents of scholarship funding for each dollar given to men. When Amano went on sabbatical last fall, all women who received scholarships were required to perform clerical work for the department, Sullivan wrote. The only three students not required to perform clerical work for their scholarships were men plan for reform Cockett, who took office in 2017 and is USU\u2019s first woman president, said the piano program and the Caine College of the Arts began making changes in recent months \u2014 including adopting a code of ethics for the treatment of students, creating a board to review allegations of discrimination and abuse, and a point system to allocate scholarships, judged jointly by piano faculty. But scrutiny will continue campuswide, she said \u2014 starting with changes to the school\u2019s Title Office. That will include changes in its leadership, increasing staff and creating a position to oversee prevention training. \u201cThe authority and scope of Title must be undeniable here on the campus,\u201d Cockett said. 2/17/25, 12:14 Utah State University students endured \u2018pervasive\u2019 sexism and abuse from piano faculty as reports were mishandled, investigation\u2026 6/11 The university will also launch a collegewide task force to review gender discrimination against students, staff and faculty. Cockett and Ronda Callister, a professor in USU\u2019s Huntsman School of Business who studies gender inequality, will oversee the task force and will determine its objectives and membership in the coming weeks. In an effort to more clearly prohibit student mistreatment, Cockett said she has charged Provost Laurens H. Smith and faculty senate leadership to consider revising policies to expand expectations for faculty conduct, to simplify discipline and to provide clearer processes for addressing student complaints. The university is also considering dedicating a counselor to the College of the Arts, installing windows in all one-on-one classrooms and placing cameras in instruction areas, she said. Cockett also said the university will work with past students who left the school without their degrees. Former student Amy Arakelyan, who studied piano at from 2003 through 2007, said she is glad to see the school\u2019s plans to reform its Title office. Arakelyan, who wrote the first social media complaint to gain exposure last month, had written a lengthy complaint to Jessop in 2015 about sexism and abuse in the piano department. Sullivan\u2019s review found no record that Jessop or Title investigators forwarded the complaint to human resources officials, as Arakelyan had requested. \u201cI\u2019m encouraged by the restructuring of Title and how they\u2019re going to be reviewing their policies and how they handle complaints and things like that,\u201d she said. \u201cJust having a reliable place where students can voice their concerns and feel like they\u2019re actually going to be taken seriously. If those changes are made like they say think that will do so much for the students at USU.\u201d Camille Weber, a senior piano major who filed a Title complaint against Amano last year, said she\u2019s \u201cexcited for future students\u201d now that USU\u2019s piano faculty can teach without the pall of abuse hanging over the department. 2/17/25, 12:14 Utah State University students endured \u2018pervasive\u2019 sexism and abuse from piano faculty as reports were mishandled, investigation\u2026 7/11 \u201cEven just this last year,\u201d she said, \u201cmy professors really paved the way for me to be able to graduate and get everything done despite everything that happened.\u201d Utah State University report on alleged misconduct in the music department 4821-1428-8479 TO: Jody Burnett, Chair of Board of Trustees Utah State University FROM: Alan Sullivan Alexandra Sandvik DATE: March 27, 2018 RE: Report of independent investigation concerning gender discrimination, sexual harassment, and sexual assault in the Piano Program of the Music Department, Utah State University On February 15, 2018, Utah State University retained Snell & Wilmer to conduct an independent investigation of the facts behind a series of social media posts appearing a few days earlier. In these posts, several former students of the University\u2019s Piano Program wrote that current and former faculty members engaged in sexual harassment and gender discrimination over a lengthy period beginning in the late 1990s. The posts also claimed or suggested that current and former faculty members had sexually assaulted students. On behalf of the University, President Noelle E. Cockett and General Counsel Mica McKinney asked Snell & Wilmer investigators to gather and evaluate the facts behind these allegations and to evaluate the University\u2019s responses where the allegations had been reported to University officials. They also asked the investigators to make recommendations for change in the event serious misconduct occurred. Snell & Wilmer conducted a month-long investigation, and the results are presented in this report. In summary we conclude: Gender discrimination \u2013 More than a dozen current and former students complained of a pervasive culture of gender discrimination in the Piano Program. The events that prompted these complaints started in the late 1990s and continued until 2017. Some of the students\u2019 complaints of discrimination were corroborated by information from other current and former students, from faculty members, from administrators with personal knowledge, and from the University\u2019s records. The complaints stemmed, in significant part, from the attitudes and behavior of Professor Gary Amano, who was until 2017 the coordinator of the Piano Program. Since Professor Amano began his sabbatical in August 2017, the Program has made progress in correcting the problem of gender discrimination. Unfortunately, until mid-2017, the University\u2019s Music Department and Title office did little to address the problem despite repeated opportunities to confront Professor Amano and respond to complaints. Former students told us Snell & Wilmer L.L.P. Redacted This Report is under strict until Friday, APril 6, at 1 p.m Download this 1 of 18 \ue9c6\ue9a2 2/17/25, 12:14 Utah State University students endured \u2018pervasive\u2019 sexism and abuse from piano faculty as reports were mishandled, investigation\u2026 8/11 ealberty@sltrib.com Follow @erinalberty tstevens@sltrib.com Follow @tstevensmedia jschreifels@sltrib.com Follow @jm_miller Donate to the newsroom now. The Salt Lake Tribune, Inc. is a 501(c)(3) public charity and contributions are tax deductible \u2018Imminent threat\u2019: University of Utah could lose $43.5M for research expenses under Trump admin cut Here\u2019s how lawmakers propose fueling data centers' \u2018insatiable\u2019 energy consumption Avian flu on the rise among wild Utah birds If this bill passes, it could cost Utahns thousands to hold government accountable Bill would dismantle key parts of Utah\u2019s open records law and undermine government accountability George Pyle: Could the Mike Lee who once supported the Constitution come back and help us? Letter: To ease Republican lawmakers\u2019 conscience about their fealty to Trump, a new oath is in order Letter: My people were also once seen as unworthy immigrants to America 2/17/25, 12:14 Utah State University students endured \u2018pervasive\u2019 sexism and abuse from piano faculty as reports were mishandled, investigation\u2026 9/11 Facebook Twitter Instagram YouTube Subscribe to print + digital Subscribe to digital only Digital access for print subscribers Email newsletters Login to your print account Login to your digital account Subscription FAQs Help and contact info Gift Subscriptions History and mission Our nonprofit model Board and advisers Officers and staff Supporters Donors and tax filing Privacy policy California privacy Editorial policies and ethics Advertise with us Legal notices Store Podcasts Archives Story Tips Support The Tribune Donate Cookie Preferences Commenting Policy 2/17/25, 12:14 Utah State University students endured \u2018pervasive\u2019 sexism and abuse from piano faculty as reports were mishandled, investigation\u2026 10/11 Report a missed paper by emailing subscribe@sltrib.com or calling 801-237-2900 For e-edition questions or comments, contact customer support 801-237-2900 or email subscribe@sltrib.com sltrib.com \u00a9 1996-2025 The Salt Lake Tribune. All rights reserved. 2/17/25, 12:14 Utah State University students endured \u2018pervasive\u2019 sexism and abuse from piano faculty as reports were mishandled, investigation\u2026 11/11", "7873_103.pdf": "73/article_d99b381c-1dd7-50a6-93db-a46651df26fa.html Embattled former piano department head Gary Amano dies at 73 By Charles McCollum staff writer Dec 29, 2021 Gary Amano, left, is seen performing with a student in this screen grab from a 2012 YouTube video. Gary Amano, the long-time director of the Utah State University piano program who resigned following a 2018 sexual harassment investigation into his department, died last week at age 73. Privacy - Terms 2/17/25, 12:14 Embattled former piano department head Gary Amano dies at 73 | Local News | hjnews.com 1/3 Amano was eulogized as an \u201camazing\u201d musician and teacher by friends and former students writing messages in his obituary guestbook at Legacy.com. \u201cProfessor Amano you will be missed! Your gift of music has blessed my life, and so many others. Thank you for sharing your love of piano performance and for giving me a chance to attend on a piano scholarship,\u201d wrote Angela Moulton. \u201cFarewell, my precious old friend and teacher. You will be greatly missed by the many who loved you will forever treasure the innumerable memories of you, your family, and our many wonderful moments together,\u201d wrote John \u201cJack\u201d Douglas Gray. These sentiments contrast sharply with complaints lodged against Amano by more than a dozen former female students interviewed in an outside investigation of the piano department in 2018. The investigation concluded Amano created a \u201chostile work environment for women and discriminated against female students on the basis of gender.\u201d Among other things, investigators looked into sexual assault allegations against some faculty members in the department and concluded both Amano and others in the administration ignored the claims. The piano department head was also accused of favoring men and being unreasonably harsh with the women enrolled in his program \u2014 behavior that resulted in many female students leaving the school couldn\u2019t touch the piano for years,\u201d ex-student Carrie Day Franklin was quoted as saying in an in-depth Salt Lake Tribune article examining what was characterized as a pattern of favoritism, sexism and emotional abuse by Amano and some fellow faculty members. 2/17/25, 12:14 Embattled former piano department head Gary Amano dies at 73 | Local News | hjnews.com 2/3 Amano, who\u2019d led the department since 1980s, went on sabbatical shortly after accusations against him hit the news as the result of social media exchanges by some of USU\u2019s former female piano students. Throughout the barrage of developments that followed, The Herald Journal failed in repeated attempts to speak with Amano, and he retired without comment shortly before the investigators\u2019 findings were made public. The report quoted him as saying he never disparaged or discriminated against female students. Prior to the controversy and probe, Amano had received acclaim as a piano pedagogue, with a number of his students participating in national and international competitions 2001 article in the Utah Statesman newspaper on campus noted that one of Amano\u2019s students won the silver medal and $10,000 in the Honens Calgary International Competition and another became the youngest competitor to win first place in the National Music Teacher\u2019s Association Competition in Minneapolis, which offered a $36,000 prize. Amano also gained accolades for creating the Youth Conservatory Program at USU. He was born in Helper, Utah, and studied piano at New York\u2019s famous Julliard School. He had a master\u2019s degree in piano performance. 2/17/25, 12:14 Embattled former piano department head Gary Amano dies at 73 | Local News | hjnews.com 3/3", "7873_104.pdf": "\uf111 \uf111 Deseret News Deseret Magazine Latest Politics Utah \uf0d7 Sports \uf0d7 More Report: Discrimination, sexual misconduct went unchecked in music department Published: April 6, 2018, 12:39 p.m Utah State University President Noelle Cockett, exits after announcing results of an independent investigation into sexual misconduct allegations in the Piano Music Program in the Music Department, at a press conference in Logan on Friday, April 6, 2018 Scott Winterton, Deseret News 20 + 2/17/25, 12:14 Report: Discrimination, sexual misconduct went unchecked in music department \u2013 Deseret News 1/11 By Gillian Friedman, Erica Evans \u2014 For decades the piano program at Utah State University has discriminated against women and sexual misconduct has gone unpunished, according to an independent investigative report released following a press conference Friday to describe the findings. The 18-page partially redacted report, which reflects interviews with 60 witnesses and hundreds of pages of documents, concludes that professor Gary Amano, head of the piano program, was the main source of discrimination. In August 2017 he was removed as coordinator of the piano program and began a year sabbatical, replaced by Dennis Hirst President Noelle Cockett announced Friday that Amano has resigned. The report also concludes that Hirst, the interim head of the program, be removed from that role. \u201c\u2026 we conclude that for years professor Hirst enabled professor Amano\u2019s discriminatory acts, or else ignored them, without taking meaningful steps to hold him accountable or correct the problems to which they led.\u201d Cockett said Friday that \"the university will also move forward with a sanction process against Hirst.\" The report also found that: Between 1994 and 2012, students or parents complained to university officials of a series of incidents involving sexual harassment by four members of the music department faculty, two of whom are no longer employed at the university. \u201cThe incidents demonstrate, at the very least, a persistent bias against women and a serious lack of faculty supervision and discipline,\u201d the report said. Some of the cases of sexual harassment and assault appear to have been common knowledge at the time, but none of them seem to have been taken seriously by music department and university leaders. One current piano program faculty member said he \u201cobserved a consistent pattern of discrimination against women.\u201d Amano himself was the source of much of the controversy: \"We conclude that for more than a decade professor Amano created a hostile academic environment for women and discriminated against female students on the basis of gender. We 2/17/25, 12:14 Report: Discrimination, sexual misconduct went unchecked in music department \u2013 Deseret News 2/11 conclude that he tolerated sexual harassment of students by faculty members whom he was supposed to be supervising, without holding those faculty members accountable,\" the report states. Many current and former students said \u201cthey were frequently humiliated and psychologically abused by the piano program faculty.\u201d Investigators added, \u201cWe are unable to see how such treatment of students could advance any legitimate pedagogical objectives.\u201d The report further recommends that university policies be strengthened to protect students from mistreatment, eliminate gender discrimination and increase the power of the Title office. Cockett announced on Feb. 16 the school would hire outside counsel, Snell & Wilmer of Salt Lake City, to conduct the investigation after several women claimed in Facebook posts that they had been mistreated by music department employees. Whitney McPhie Griffith, who said she was raped by her piano instructor in 2009, and Amy Cannon Arakelyan, who said she was sexually harassed by faculty members, were among the first to come forward. No students were named in the partially redacted report, citing privacy concerns. The students previously told their stories to the Deseret News. Since the start of the investigation, more alleged victims have spoken up \u2014 including a male former music student who said he was groped by his professor on an overnight trip, and more than a dozen former piano students who said the program culture allowed for sexism, harassment and intimidation. \u2018Unwilling to confront sexual harassment offenders\u2019 Four different music department faculty members were accused of sexual harassment between 1994 and 2012, according to the report. Allegations included unwelcome sexual advances, sexual relations between faculty and the students they taught, and sexual assault, the report said. Two of the faculty members accused of harassment are still employed by the department. 2/17/25, 12:14 Report: Discrimination, sexual misconduct went unchecked in music department \u2013 Deseret News 3/11 One of the accused was a former faculty member of the piano program, who was part of Amano\u2019s \u2018\u2018\u2018inner circle\u2019 of favored students,\u201d the report said. The alleged perpetrator admitted to investigators that he had sexual relations multiple times with at least three female students in the piano program during the late 2000s, but claims all of them were consensual. Two of those women filed Title complaints claiming the faculty member had sexually assaulted them and were interviewed for the report. The third woman could not be reached by investigators. One former student recalled that \u201ceveryone knew\u201d that the faculty member was \u201csleeping with various female students\u201d and believes that Amano \u201chad to know.\u201d The instructor's behavior made her afraid to practice in the piano program space at night, the report states, and she believed that Amano or another faculty member would have retaliated if she complained, because the student was the \u201cfaculty favorite,\u201d the report states. In interviews with investigators, Amano confirmed he knew about the faculty member\u2019s sexual relations with undergraduate students. He said he dealt with these students by transferring them to other classes and telling the faculty not to have sex with undergraduates anymore. \u201cTo these investigators, these incidents demonstrate, at the very least, a persistent bias against women and a serious lack of faculty supervision and discipline,\u201d the report reads. \u201cThey also demonstrate that the piano program faculty and music department leadership were for years unwilling to confront sexual harassment offenders concerning their misconduct.\u201d Decades of discrimination Based on interviews with more than 40 current and former students, faculty and administrators, investigators concluded that the piano program \u201chas for decades discriminated against women and favored men.\u201d 2/17/25, 12:14 Report: Discrimination, sexual misconduct went unchecked in music department \u2013 Deseret News 4/11 Current and former students told the independent investigators that it was not unusual for Amano to tell students that men are generally better pianists than women, and that therefore, men should be awarded with performance opportunities. In a statement to the Deseret News, prior to release of the report, Amano said would never make the ridiculous statement that men play better or are better students than women can give you names of women in our program who got married, had babies and still graduated with great success. Others got married and dropped out to start a family. That was their choice and applaud their decisions.\" According to the report, the program\u2019s discriminatory atmosphere improved after Amano began his sabbatical in August 2017. But until then, the music department and Title office \u201cdid little to address the problem despite repeated opportunities to confront professor Amano and respond to complaints.\u201d Investigators also found that the program\u2019s scholarship records showed men in the program received more than twice as much as women on a per capita basis. Between 2009 and 2017, female students received 41 cents for each scholarship dollar paid to males, according to the report. The report recounts the experience of one former student who said Amano gave her a very difficult piece to play, and when she told him she did not think she could learn it quickly enough in time for the performance, he canceled her scholarship on the spot. Other students cited in the report also complained that Amano threatened to cut their scholarships. Aaron McClaskey, a former piano student who attended from 1993-94 and 1996- 2000, told the Deseret News that he had a positive relationship with Amano. \u201cThe requirements to practice and attend class to remain in good scholarship standing are not unique to USU,\u201d said McClaskey only look back on my years at with fondness and appreciation for everything professor Amano did for all of us under his care. Any of my later success is due directly to the opportunities he provided me have told students that the Van Cliburn International Piano Competition has been running since the 1960s. In all that time there have only been two female gold medal 2/17/25, 12:14 Report: Discrimination, sexual misconduct went unchecked in music department \u2013 Deseret News 5/11 winners. All the others have been males. That is fact, not opinion,\u201d Amano told the Deseret News. \u201cIt appears some people want to shoot the messenger because they didn\u2019t like the message. Or they seek someone to blame for their failures besides themselves. \u201d Humiliation, intimidation The piano program \u201ctolerated psychologically abusive faculty behavior\u201d for decades, the report said. As a result, some students were driven to leave the university without degrees and others found it difficult to continue playing piano after they graduated. Former student Tiffany Watts, who graduated from the program in 2007, told the Deseret News left and did not look at a piano for three or four years couldn\u2019t. It brought too much pain.\u201d Although Amano was the main faculty member cited in these types of complaints, Hirst and a former professor who now teaches elsewhere were also frequently named, according to the report. Camille Jensen Weber, currently a senior in the piano program, said that in Amano\u2019s classes there were not any grading rubrics or syllabuses. While still in her junior year, she asked Amano for help preparing for a test. \u201cHe completely exploded,\u201d she said. \u201cHe must have thought was challenging his authority.\u201d She said she filed a Title report shortly following the incident. Many current and former students, however, never witnessed their professors behaving badly, the report stated. Investigators were also sure to mention that serious music programs are, by nature, rigorous and stressful. \u201cThe reason loved being in the piano program at was because of the intensity of the program,\u201d said former student Mary Anne Huntsman, who started studying with Amano at age 8 and attended for one year in 2004, before transferring to another school was there to learn and improve and professor Amano ran the department like a serious music conservatory.\u201d 2/17/25, 12:14 Report: Discrimination, sexual misconduct went unchecked in music department \u2013 Deseret News 6/11 Recommendations The report concludes that because of the hostile environment, Amano should be dismissed from the university or reassigned to a job that would distance him from piano students. Cockett announced Friday that Amano has resigned. Additionally, Hirst, who \u201cenabled professor Amano\u2019s discriminatory acts, or else ignored them,\u201d according to the report, should be removed as interim coordinator and a new head of the program should be appointed in his stead, the report suggests. Additional recommendations include creating a plan to prevent gender discrimination as well as standards for faculty behavior toward students. \u201cWe do not believe the policies of the university clearly prohibit psychologically abusive behavior by the faculty,\u201d the report reads. \u201cBecause faculty relationships with students in the arts are in many ways different from other disciplines, we recommend that the Caine College of the Arts take the lead in developing its own standards for faculty behavior.\u201d The report asks the Title office to step up and develop standards that will allow for more aggressive investigations, regardless of a professor\u2019s tenure. Additionally, administrators are charged to review the student admissions process, the grading process, the process for scoring student performances, the process for awarding scholarships, and the hiring process for faculty as well. InDepth deeper dive into key issues in Utah and around the country, including investigations, profiles and solutions-based journalism. Email Address By signing up, you agree to our Privacy Notice and European users agree to the data transfer policy. View Comments 2/17/25, 12:14 Report: Discrimination, sexual misconduct went unchecked in music department \u2013 Deseret News 7/11 Looking for comments? Find comments in their new home! 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Think again 87 How this New York Times writer is approaching politics differently 87 2/17/25, 12:14 Report: Discrimination, sexual misconduct went unchecked in music department \u2013 Deseret News 11/11", "7873_105.pdf": "Breaking News: Weather Alert Utah State piano professor retires amid sex assault, discrimination claims Apr 6, 2018, 11:58 | Updated: Aug 4, 2022, 12:10 pm \u2014 The longtime head of Utah State University\u2019s piano program has retired and the university plans to revamp its Title office after more than a #MeToo movement investigation at #MeToo movement investigation at NewsRadio was live\u00b7 Follow Follow Facebook Watch Share Share NewsRadio Staff Live Text Alerts Video Podcasts Weather Traffic Menu 2/17/25, 12:14 Utah State piano professor retires amid sex assault, discrimination claims 1/4 dozen students accused the school of ignoring their claims of sexual assault, harassment and discrimination in the music department. An investigation into the piano program at Utah State found that professor Gary Amano created a \u201chostile work environment for women and discriminated against female students on the basis of gender President Noelle Cockett said she accepted Amano\u2019s resignation Monday. \u201cOver the past year, we have witnessed a movement that is sweeping through our country. People \u2026 are speaking up, telling heart-wrenching, personal stories of abuse, mistreatment and sexual assault,\u201d Cockett said Friday during a news conference in the Tippets Gallery Commons at USU\u2019s Fine Arts Center. \u201cAs you know, that movement hit Utah State University in our piano program earlier this year students, mostly women, \u201cmade their voices and their stories heard. They wanted to make sure that things happened in our past to our students, to them, never happens to anyone else,\u201d she said. One former piano student said she was raped by a piano instructor in 2009, and another student said he was groped by a music professor during an overnight trip in 2006. But students\u2019 claims were not taken seriously by leadership in the piano program, the report states, and \u201cin several instances, the only party to be criticized was the victim.\u201d Amano had led Utah State\u2019s piano program since the 1980s, but had been on sabbatical since August. USU\u2019s handling of allegations of sexual misconduct within the music department under Amano has been under investigation for nearly seven weeks. Social media posts in February alleging sexual harassment and gender discrimination sparked the investigation into the piano program. Investigators recommended that terminate Amano, saying he \u201ctolerated sexual harassment of students by faculty members whom he was supposed to be supervising, without holding those faculty members accountable.\u201d The university report says a culture of sexual harassment and gender discrimination has existed in the piano program since the late 1990s. Social media posts also noted allegations of sexual assault of students by current and former faculty members. More than a dozen current and former students complained of \u201ca pervasive culture of gender discrimination in the piano program,\u201d the report states. 2/17/25, 12:14 Utah State piano professor retires amid sex assault, discrimination claims 2/4 The university-ordered investigation by Snell & Wilmer said students or their parents complained about incidents of sexual harassment from 1994 to 2012, specifically naming four members of the music department faculty. Reports included sexual relations between faculty members and their students. Two of those faculty members still work at the university, the report states. Investigators also noted that \u201cpsychologically abusive faculty behavior \u2014 behavior that drove some students to leave the program without degrees, giving up the piano all together\u201d \u2014 was tolerated for decades in the piano program. According to the report, \u201ca significant number of current and former students complained \u2026 about being humiliated \u2014 or watching others being humiliated and belittled \u2014 in classes taught by (Amano) and other faculty. They complained about faculty vindictiveness. They also complained that faculty members, and particularly professor Amano, became impatient and caustic with students for having failed to grasp concepts or comply with expectations.\u201d Several students described the program as \u201ctoxic,\u201d the report states. Amano told investigators \u201che has never disparaged women students, nor has he ever discriminated against them,\u201d the report states. Attempts to reach Amano for comment Friday were unsuccessful. In addition to Amano\u2019s dismissal, investigators recommended that professor Dennis Hirst no longer be interim coordinator of the piano program. Cockett said Hirst has been removed from the program, and his status with the university is still being determined. Investigators also say new standards for behavior between faculty and students need to be established, and a plan to eliminate gender discrimination needs to be put in place. \u201cWe must also cultivate a foundation at that demonstrates our absolute commitment to making our campus a safe and healthy environment where students can reach their full potential,\u201d Cockett said. We want to hear from you. 2/17/25, 12:14 Utah State piano professor retires amid sex assault, discrimination claims 3/4 Share Have a story idea or tip? Send it to the NewsRadio team here. 2/17/25, 12:14 Utah State piano professor retires amid sex assault, discrimination claims 4/4", "7873_106.pdf": "Breaking News: Weather Alert Utah State University responds to report detailing years of discrimination, harassment Apr 6, 2018, 11:54 | Updated: Apr 7, 2018, 12:43 am LOGAN, Utah \u2013 Utah State University on Friday released the results of a independent investigation into allegations of sexual discrimination 5 Live Share KSLTV.com 103.5 FM100.3 Live News tips Investigates Shows Weather Local National Menu 2/17/25, 12:15 Utah State University responds to report detailing years of discrimination, harassment 1/12 harassment, and assault within the Piano Program. The investigation, conducted by the law offices of Snell & Wilmer, concluded that years of discrimination and harassment had taken place within the Piano Program led by Professor Gary Amano. Investigators said they spoke with about 60 people. Amano had led the Piano Program from the 1980s until August 2017 President Noelle Cockett said Amano submitted his letter of retirement on Monday. \u201cWe conclude that for more than a decade Professor Amano created a hostile academic environment for women and discriminated against female students on the basis of gender,\u201d the report read. \u201cWe conclude that he tolerated sexual harassment of students by faculty members, whom he was supposed to be supervising, without holding those faculty members accountable.\u201d Close Utah State University responds to report detailing years of discrimination, harassment Facebook Twitter LinkedIn Email Story 2/17/25, 12:15 Utah State University responds to report detailing years of discrimination, harassment 2/12 The University asked the law offices to conduct an independent investigation after former students alleged discrimination and harassment through a series of social media posts. Students told investigators that Amano told them men are generally better piano players than women and should get more performance opportunities. Investigators said Amano told them he had never disparaged or discriminated against female students. The investigation found that students or parents complained to University officials about alleged incidents involving sexual harassment by four members of the Music Department faculty from 1994 to 2012. Complainants reported Close Utah State University responds to report detailing years of discrimination, harassment Facebook Twitter LinkedIn Email Story 2/17/25, 12:15 Utah State University responds to report detailing years of discrimination, harassment 3/12 instances of sexual relationships between faculty and students and instances of unwanted sexual advances or sexual assault. The report said one former faculty member admitted to multiple sexual relationships with students, but said they were consensual. Two of the four faculty members accused of harassment still teach at USU, the report said. \u201cWhether consensual or not, however, a disturbing pattern emerges from all of these incidents: some of them appear to have been common knowledge at the time, but none of them appears to have been taken seriously by the leadership of the Piano Program or the University,\u201d the report read. \u201cIn several instances, the only party to be criticized was the victim.\u201d \u201cTo these investigators, the incidents demonstrate, at the very least, a persistent bias against women and a serious lack of faculty supervision and discipline,\u201d the report Close Utah State University responds to report detailing years of discrimination, harassment Facebook Twitter LinkedIn Email Story 2/17/25, 12:15 Utah State University responds to report detailing years of discrimination, harassment 4/12 continued. \u201cThey also demonstrate that Piano Program faculty and Music Department leadership were, for years, unwilling to confront sexual harassment offenders concerning their misconduct.\u201d The investigation also found that the faculty created a \u201ctoxic\u201d environment. \u201cFor decades, the Piano Program tolerated psychologically abusive faculty behavior \u2013 behavior that drove some students to leave the program without degrees, giving up the piano altogether, and other students to contend with abuse until they graduated,\u201d the report read. While many students told investigators they had never had a problem with Amano, others said they had been \u201chumiliated and belittled\u201d in the program. \u201cThe training of elite piano performers undoubtedly must be rigorous and highly disciplined. But we do not believe there is any excuse for Close Utah State University responds to report detailing years of discrimination, harassment Facebook Twitter LinkedIn Email Story 2/17/25, 12:15 Utah State University responds to report detailing years of discrimination, harassment 5/12 the humiliating treatment that some students experienced,\u201d the report concluded. The report criticized the University\u2019s response to complaints made through the Title office. \u201cUnfortunately, until mid-2017, the University\u2019s Music Department and Title office did little to address the problem despite repeated opportunities to confront Professor Amano and respond to complaints,\u201d the report read. The report made several recommendations, including that the University begin dismissal proceedings for Amano. He submitted his retirement letter on April 2. They also recommended that Professor Dennis Hirst be removed as interim Piano Program coordinator. \u201cWe conclude that for years Professor Hirst enabled Professor Amano\u2019s discriminatory acts, or else ignored them, without taking meaningful steps to hold him Close Utah State University responds to report detailing years of discrimination, harassment Facebook Twitter LinkedIn Email Story 2/17/25, 12:15 Utah State University responds to report detailing years of discrimination, harassment 6/12 accountable or correct the problems to which they led,\u201d the report stated. Cockett said Hirst had been removed as program coordinator, and the University was looking at other sanctions. The report also recommended the University develop standards to ensure students are properly challenged by their coursework, but not humiliated or ridiculed by the faculty. There was also a recommendation that the University\u2019s Title office develop new standards for more stringent reviews of sexual harassment and discrimination. The standards, the report read, should allow the University to pursue investigation and prosecution of misconduct more aggressively. Cockett said she was prepared to lead the school to solutions. \u201cEach of us at Utah State has to dig deeply into ourselves and come out at the other end with solutions to these Close Utah State University responds to report detailing years of discrimination, harassment Facebook Twitter LinkedIn Email Story 2/17/25, 12:15 Utah State University responds to report detailing years of discrimination, harassment 7/12 Share problems and a commitment to preventing these actions in the future,\u201d Cockett said. She thanked the students, who came forward, for their bravery in discussing their experiences, and said the Music Department had already begun making changes after Amano went on sabbatical in August 2017 investigation, conducted by the law offices of Snell & Wilmer Dan Rascon Building \u201cHealing Home\u201d for a Malad family and their cancer-diagnosed daughter dream come true for a special family from Idaho who is getting a Close Utah State University responds to report detailing years of discrimination, harassment Facebook Twitter LinkedIn Email Story 2/17/25, 12:15 Utah State University responds to report detailing years of discrimination, harassment 8/12 gift they could have never imagined. 31 minutes ago Peter Rosen Utah woman competes in foot archery When she was 10 years old, Aly Larson dreamed of something most kids her age did not. 47 minutes ago Ken Fall Cowbells, Guitars history of cowbells in music with the help of long-running Utah rockers. Cowbells have been around for thousands of years, so no surprise they appear in music. In 1904, Gustav Mahler used cowbells for his 6th Symphony. 1 hour ago Close Utah State University responds to report detailing years of discrimination, harassment Facebook Twitter LinkedIn Email Story 2/17/25, 12:15 Utah State University responds to report detailing years of discrimination, harassment 9/12 Tamara Vaifanua Finding history in 1920s film negatives Utah photographer uncovered some hidden gems from old negatives he inherited from a relative. 1 hour ago Sports Keyonte George Nails Three In All-Star Game With Rising Stars Squad Utah Jazz guard Keyonte George got a bid into the All- Star tournament with the Rising Stars team and matched up with some of the NBA's best. 3 hours ago Close Utah State University responds to report detailing years of discrimination, harassment Facebook Twitter LinkedIn Email Story 2/17/25, 12:15 Utah State University responds to report detailing years of discrimination, harassment 10/12 and Trump administration tries to bring back fired nuclear weapons workers in reversal The Trump administration has halted the firings of hundreds of federal employees who were tasked with working on the nation\u2019s nuclear weapons programs. 4 hours ago Close Utah State University responds to report detailing years of discrimination, harassment Facebook Twitter LinkedIn Email Story 2/17/25, 12:15 Utah State University responds to report detailing years of discrimination, harassment 11/12 \u00a9 2025 RESERVED. Close Utah State University responds to report detailing years of discrimination, harassment Facebook Twitter LinkedIn Email Story 2/17/25, 12:15 Utah State University responds to report detailing years of discrimination, harassment 12/12"} |
7,829 | Jay Boisseau | University of Texas – Austin | [
"7829_101.pdf",
"7829_102.pdf",
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] | {"7829_101.pdf": "Computer chief, chemistry prof quit amid sexual misconduct inquiries Ralph K.M. Haurwitz,Ryan Autullo rhaurwitz@statesman.com Published 11:01 p.m Dec. 28, 2017 Updated 3:03 p.m Sept. 25, 2018 When Jay Boisseau abruptly resigned in 2014 after 12 years of building the University of Texas\u2019 supercomputing center into an international powerhouse, school officials gave no reason for his departure. The university made no public announcement when Bradley J. Holliday, a tenured chemistry professor, quit in 2016. Records obtained by the American-Statesman under the Texas Public Information Act show that both men stepped down shortly after officials informed them that they had been accused of sexual misconduct. In the case of Boisseau, the university paid his accuser, a subordinate at UT\u2019s Texas Advanced Computing Center, $325,000 to settle her claims. Higher education hasn\u2019t been immune from the national reckoning over sexual misconduct that has embroiled figures in Hollywood, the media, Congress and other spheres of American life. Allegations of misconduct by faculty members or administrators have surfaced at numerous colleges and universities, including the University of Virginia, Boston University, the University of Rochester, Stanford University, Columbia University and Dartmouth College. At UT, members of the governing board, much less the public, didn\u2019t learn about a consensual relationship that assistant football coach Major Applewhite had with a student trainer on a team bowl game trip after the 2008 season until The Daily Texan student newspaper wrote about it in 2013. Applewhite, who was ordered to undergo counseling and later promoted, is now head coach at the University of Houston. On the other hand announced in November 2012 that it was putting track coach Bev Kearney on paid leave after learning she had a romantic relationship with one of her athletes that began in 2002 and ended in 2003. Kearney subsequently quit under threat of being 2/17/25, 12:26 Computer chief, chemistry prof quit amid sexual misconduct inquiries 1/5 fired. Kearney, who is black, claims sex and race discrimination in an ongoing lawsuit against the university. \u201cRecent, high-profile revelations of sexual misconduct continue to raise important questions, including how and when organizations publicly announce incidents of misconduct spokesman J.B. Bird said. \u201cLike many organizations has not traditionally made public announcements about individual cases. The university will be looking into whether to change this approach officials said the school\u2019s investigators concluded twice during the 2015-16 academic year and seven times during the 2016-17 academic year that a faculty or staff member had violated the school\u2019s policies on sexual misconduct or inappropriate consensual relationships. The Statesman on Dec. 20 filed an open records request for details on all such findings in the past five years. The paper has not received documents related to the request sudden fall from grace UT\u2019s computing center soared to international prominence under Boisseau, who secured tens of millions of dollars in federal grants for a succession of computer systems with Texas- centric names like Stampede, Ranger and Lonestar. He received glowing reviews and healthy raises from top university officials for his work as director of the computing center, eventually making $272,760 a year, records show. Everything began to change on Dec. 19, 2013. That\u2019s when officials interviewed a woman employed at the computing center after receiving an anonymous complaint, according to UT\u2019s \u201csummary of investigation.\u201d The woman, identified in the summary as Employee 1, disclosed that she had been in a relationship with Boisseau, identified as Employee 2. On Jan. 7, 2014, her lawyer sent a letter to alleging sexual harassment, sexual misconduct and retaliation. \u201cThe complaint alleged that (Boisseau) had engaged in a series of electronic, verbal and physical acts of sexual harassment that had occurred off and on throughout the duration of her employment,\u201d UT\u2019s summary said. She also alleged that he \u201cretaliated against her by approving a change in position and salary reduction after she rebuffed his sexual advances policy prohibits consensual relationships between a supervisor and a lower-ranking employee unless the relationship is immediately reported by the supervisor and a mitigation plan is developed to provide another way of overseeing the employee to avoid a conflict of interest, potential for exploitation and favoritism. 2/17/25, 12:26 Computer chief, chemistry prof quit amid sexual misconduct inquiries 2/5 placed the woman on paid administrative leave at her request. Boisseau was put on paid administrative leave Jan. 8, 2014, and resigned two days later continued its investigation for several months, interviewing nine people to assess the woman\u2019s allegations few said she had complained to them that he was harassing her. \u201cNone of the witnesses had first-hand evidence that (Boisseau) had engaged in sexual misconduct or sexually harassed (the woman),\u201d the summary said. \u201cThe University\u2019s investigators concluded that there was compelling evidence to indicate that certain University policies had been violated.\u201d The summary and other records obtained by the Statesman didn\u2019t specify which policies had been violated. But a Jan. 27, 2014, letter to from Millicent Lundburg, a lawyer for Boisseau, said her client \u201cviolated University policy by failing to disclose a romantic relationship he had been involved in with another employee and he attempted to cover up such policy violation.\u201d Boisseau told the Statesman the cover-up was related to the deletion of text messages between him and the woman. The \u201cunreported, intermittent romantic relationship\u201d began \u201cin the 2005 and 2006 time frame\u201d with an extramarital affair and continued into 2013, the lawyer wrote. \u201cDr. Boisseau did not commit any other wrongdoing,\u201d she added, denying all allegations of sexual harassment, discrimination and retaliation. \u201cClaims that Dr. Boisseau forced himself on\u201d the woman \u201care not only false, they are defamatory per se and we insist that they not be published further,\u201d Lundburg wrote. The letter goes on to detail a romantic relationship that included sex while houseguests were in the other room, discussions of marriage and a getaway to South Padre Island. Boisseau, who is now and co-founder of Austin tech firm Vizias LLC, asserted that the relationship was always consensual, saying he was \u201cshocked\u201d by the assault allegations. He said the reduction in the woman\u2019s pay was related to job performance and involved input from other supervisors exercised poor judgment in thinking that because could be objective, and she didn\u2019t want to report it, and that we had known each other for so long \u2014 friendship predating working together \u2014 that was my hubris, to think that private life can stay private and that it doesn\u2019t 2/17/25, 12:26 Computer chief, chemistry prof quit amid sexual misconduct inquiries 3/5 affect the workplace,\u201d Boisseau said. \u201cObviously, now completely understand why a policy is in place itself was also a focus of the woman\u2019s complaints, which perhaps explains why it agreed to a six-figure payment. The woman had filed a formal charge with the federal Equal Employment Opportunity Commission and the Texas Workforce Commission, alleging that the university unlawfully retaliated and discriminated against her on the basis of sex. The woman and agreed in May 2014 to settle her complaints, as well as the federal and state filings, for $325,000, including her attorney\u2019s fees. The money came from reserves and funds receives for indirect operating costs on research contracts. The university agreed in a September 2014 settlement with the to provide training to computer center employees under Title of the federal Civil Rights Act, which prohibits employment discrimination based on race, color, religion, sex and national origin. Quitting in lieu of firing Holliday, an associate professor in chemistry, seemed poised for a promising career at \u2014 until Jan. 25, 2016, when the university\u2019s Office for Inclusion and Equity received a complaint alleging an inappropriate consensual relationship and sexual misconduct on his part put him on paid administrative leave eight days later and eventually barred him from having contact with students, according to the university\u2019s summary of its investigation. In the course of that investigation heard from seven more people who \u201calleged that they too experienced and/or witnessed sexual misconduct and inappropriate consensual relationships on the part of Holliday,\u201d according to the summary. Four of the complainants cited \u201cuncomfortable physical contact by Holliday, including touching their lower backs, rubbing his shoulder up and down against their shoulders, reaching in by their necks to touch earrings, and other discomforting touches, pokes, and tickles,\u201d the summary said. Five said he pressured people \u201cto consume more alcohol than they wanted to drink during group social outings,\u201d and several said his \u201cbehavior made them think he was \u2018testing the waters\u2019 to see if a sexual relationship with them was achievable,\u201d according to the summary. The Office of Inclusion and Equity \u201cconcluded that there was sufficient evidence to find that Holliday had violated\u201d the university\u2019s policies on consensual relationships and sexual misconduct, the summary said. That led to a recommendation that President Gregory L. 2/17/25, 12:26 Computer chief, chemistry prof quit amid sexual misconduct inquiries 4/5 Fenves initiate termination proceedings. After meeting with Fenves on May 23, 2016, Holliday offered his letter of resignation four days later, effective June 1. \u201cWhile do not agree with the findings of the investigation into complaints filed against me or the investigative process which feel has been skewed against me from the onset feel it is in my best interest to move on from my employment at the University,\u201d Holliday wrote. The records obtained by the Statesman do not say with whom Holliday was alleged to have violated university rules. However, a May 31, 2016, letter to him from Linda Hicke, dean of natural sciences, said his resignation was being accepted in lieu of termination proceedings under various conditions, including that \u201cthe University does not authorize you to have contact with students by any means.\u201d Holliday\u2019s salary was $94,366 a year at the time he quit, according to records. He did not return calls for comment. Improving the culture complete account of the allegations against Boisseau and Holliday, as well as the investigation by UT, is impossible to construct because a number of documents were not released to the Statesman. \u201cAs a public institution, the university provides all records required by state and federal law, as it did in this case. There are a variety of reasons, including privacy rights, that affect the release of personnel records,\u201d said Bird, the spokesman. Fenves said in a statement that the university is working to strengthen and expand education programs and enforcement policies to prevent sexual misconduct. For example, it updated the consensual relationship policy in January to better define prohibited relationships and address actual or perceived conflicts of interests, favoritism and exploitation within the academic community. And it expanded options for confidential reporting to the student, faculty and staff ombuds offices in August. \u201cAt UT, it is essential that we create a culture where sexual assault is unacceptable,\u201d Fenves said. \u201cSurvivors must feel empowered to speak out and all community members must recognize and report threatening behavior.\u201d 2/17/25, 12:26 Computer chief, chemistry prof quit amid sexual misconduct inquiries 5/5", "7829_102.pdf": "AUSTIN, Texas (AP) \u2014 Two University of Texas faculty members quietly resigned after being informed that they were accused of sexual misconduct. The Austin American-Statesman reports Thursday that public records show Jay Boisseau, who built UT\u2019s supercomputing center into an international powerhouse, and tenured chemistry professor Bradley J. Holliday both stepped down shortly after university officials confronted them with accusations. Boisseau resigned in 2014 and Holliday in 2016. The university paid Boisseau\u2019s accuser $325,000 to settle her claims spokesman says the university is considering changing its policy about not making sexual misconduct allegations public. Officials say the school\u2019s investigators found twice during the 2015-16 academic year and seven times during the previous year that faculty or staff had violated school policy on sexual misconduct or inappropriate consensual relationships. Officials have not provided details faculty quietly resigned after sex misconduct accusations Updated 8:22 CST, December 28, 2017 Daytona 500 \u2018Saturday Night Live\u2019 Congo Shakira Severe weather 2/17/25, 12:26 faculty quietly resigned after sex misconduct accusations News 1/2 Bondi orders federal inmate transferred to Oklahoma for execution will lay off thousands of probationary workers in the middle of tax season lists companies that dump in its tactical spending guide for Black Americans Trump moves with dizzying speed on his to-do list. But there are warning signs in his first month Isolated Indigenous man returns to tribe in the Amazon rainforest after brief contact 1 2 3 4 5 2/17/25, 12:26 faculty quietly resigned after sex misconduct accusations News 2/2", "7829_103.pdf": "Computer chief, chemistry prof quit amid sexual misconduct inquiries Ralph K.M. Haurwitz,Ryan Autullo rhaurwitz@statesman.com Published 11:01 p.m Dec. 27, 2017 Updated 1:28 a.m Sept. 22, 2018 When Jay Boisseau abruptly resigned in 2014 after 12 years of building the University of Texas\u2019 supercomputing center into an international powerhouse, school officials gave no reason for his departure. The university made no public announcement when Bradley J. Holliday, a tenured chemistry professor, quit in 2016. Records obtained by the American-Statesman under the Texas Public Information Act show that both men stepped down shortly after officials informed them that they had been accused of sexual misconduct. In the case of Boisseau, the university paid his accuser, a subordinate at UT\u2019s Texas Advanced Computing Center, $325,000 to settle her claims. For a full report on the abrupt resignations, and possible changes to UT\u2019s approach to cases of sexual misconduct, visit MyStatesman.com 2/17/25, 12:26 Computer chief, chemistry prof quit amid sexual misconduct inquiries 1/1", "7829_104.pdf": "Faculty Quietly Resigned In Recent Years After Sex Misconduct Accusations December 28, 2017 / 8:45 Texas AUSTIN, Texas (AP) \u2014 Two University of Texas faculty members quietly resigned after being informed that they were accused of sexual misconduct. The Austin American-Statesman reports Thursday that public records show Jay Boisseau, who built UT's supercomputing center into an international powerhouse, and tenured chemistry professor Bradley J. Holliday both stepped down shortly after university officials confronted them with accusations News Weather Sports Video Texas Monthly 33\u00b0 Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/17/25, 12:26 Faculty Quietly Resigned In Recent Years After Sex Misconduct Accusations Texas 1/3 \u00a9 2017 Broadcasting Inc. All Rights Reserved. Boisseau resigned in 2014 and Holliday in 2016. The university paid Boisseau's accuser $325,000 to settle her claims spokesman says the university is considering changing its policy about not making sexual misconduct allegations public. Officials say the school's investigators found twice during the 2015-16 academic year and seven times during the previous year that faculty or staff had violated school policy on sexual misconduct or inappropriate consensual relationships. School officials have not provided details. (\u00a9 Copyright 2017 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.) In: University of Texas More from News Police report reveals details of child grooming allegations at Arlington charter school Texas investigates Chinese firm DeepSeek over privacy, security concerns Texas leaders press Congress to pay back the state for border security Teen suspect in Hood County homicide caught in North Texas says Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/17/25, 12:26 Faculty Quietly Resigned In Recent Years After Sex Misconduct Accusations Texas 2/3 \u00a92025 Broadcasting Inc. All Rights Reserved. Terms of Use Privacy Policy Cookie Details 11 21 News Sports Weather Best Of Program Guide Sitemap About Us Advertise Television Jobs Public File for 11 Public File for 21 Public Inspection File Help Applications Report Watch News 2/17/25, 12:26 Faculty Quietly Resigned In Recent Years After Sex Misconduct Accusations Texas 3/3", "7829_105.pdf": "Schools 2 Faculty Quit After Sex Misconduct Allegations: Report report says one sexual misconduct accuser received a $325,000 settlement from the school. Geoff Dempsey, Patch Staff Posted Thu, Dec 28, 2017 at 1:15 pm \u2014 Newly revealed records show that two University of Texas faculty members who resigned did so due to sexual misconduct allegations, according to the Statesman. \uf0cfSign up Austin \uf01eSubscribe News Feed Events Local Businesses Classifieds 2/17/25, 12:27 2 Faculty Quit After Sex Misconduct Allegations: Report | Austin Patch 1/4 Jay Boisseau resigned in 2014 from the University of Texas' supercomputing center, after 12 years of working on the project which he turned into an \"international powerhouse,\" the Statesman reported. Bradley Holliday, a tenured chemistry professor, quit his job in 2016 as well, according to the Statesman. The school gave no reason explaining Boisseau's abrupt departure, and Holliday's resignation was not publicly announced. The Statesman used the Texas Public Information Act to obtain records which show they had both stepped down shortly after being informed by officials that they had been accused of sexual misconduct. Find out what's happening in Austinfor free with the latest updates from Patch. Your email address The University of Texas paid Boisseau's accuser, a subordinate at the computing center, a $325,000 settlement, the Statesman reported. Article image via Google Street View screen grab 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 Subscribe \uf0c2 \uf045 2/17/25, 12:27 2 Faculty Quit After Sex Misconduct Allegations: Report | Austin Patch 2/4 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, 12:27 2 Faculty Quit After Sex Misconduct Allegations: Report | Austin Patch 3/4 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, 12:27 2 Faculty Quit After Sex Misconduct Allegations: Report | Austin Patch 4/4"} |
7,683 | Ken Stamatis | University of Central Arkansas | [
"7683_101.pdf"
] | {"7683_101.pdf": "On Oct. 11, University of Central Arkansas student Michael Sawyer posted to his personal Facebook alleging sexual misconduct by former Harding education professor Ken Stamatis. Sawyer said in his post that he was Stamatis\u2019 intern the Harding Literacy Lab this summer. He outlined several allegations of sexual misconduct that occurred throughout internship. According to his post, Sawyer reported the incidents to Harding administration, who then began investigating. Stamati resigned during the early stages of the investigation, and Sawyer expressed in his post his disappointment in Stamatis resignation rather than termination would hope that you (Harding) at least take it from the standpoint of your own handbooks,\u201d Sawyer said in the post. has gone against countless regulations, which think most would definitely see as grounds for termination, instead of opportunity for a resignation. Receiving the email that he \u2018submitted his resignation,\u2019 was quite figuratively a slap in the face waited a full week to hear that the man who sexually harassed me was given the option to resign instead of bei terminated.\u201d Harding issued a campus statement to its students and faculty on Oct. 19 concerning the Facebook post. \u201cWhen this report came to the University in July 2017, we began an investigation in accordance with the faculty handbook,\u201d the statement said. \u201cIn all matters of reported faculty misconduct, evidence is gathered by University officia The findings must then be presented to the president before a faculty member can be terminated.\u201d On Oct. 24, campus organization Brave hosted a panel discussion titled, \u201cTruth vs. Myth: An Honest Talk About Se Assault.\u201d Dean of Students Zach Neal, a featured guest on the panel, clarified that the university cannot terminate an employee in the midst of an investigation. Home ( News ( of Sexual Misconduct ( written by Sarah Dixon (Https://Thelink.Harding.Edu/The-Bison/Author/Sarah Dixon/) October 26, 2017 2/17/25, 12:27 University Addresses Accusation of Former Professor Accused of Sexual Misconduct | The Bison 1/3 previous post next \u201cYou try to gain the best understanding what environment was created and how it affects not just one individual but multiple people within that system,\u201d Neal said. \u201cIn that, you continue to ask questions.\u201d Vice president for University Communications and Enrollment Jana Rucker said that Harding follows all necessary procedures when it comes to investigations. \u201cTo say that we\u2019re trying to cover up something would be totally contrary to what Harding is and what Christians are,\u201d Rucker said. \u201cWe do have legal procedures. We do have legal counsel.\u201d Rucker also said that regarding employment and privacy, there are certain matters that are confidential until legal actio taken. \u201cOur number one responsibility is to protect the campus community and to provide a safe environment and when conc are brought to us, to take care of those,\u201d Rucker said. \u201cWhen things like these come up, we want to do the right thing.\u201d At this time, Rucker said that Harding cannot press charges and all legal issues are left up to the party bringing forth th allegations. Rucker and Neal urged students to never hesitate to come forward with information regarding this case or other of this nature (HTTPS://THELINK.HARDING.EDU/THE- BISON/AUTHOR/SARAH%20DIXON/) 5 \uf08a ( sexual-misconduct/) \uf09a ( status=Check%20out%20this%20article:%20University%20Addresses%20Accusation%20of%20Former%20Profess %20 \uf099 ( misconduct/) \uf0d5 ( misconduct/&media=&description=University%20Addresses%20Accusation%20of%20Former%20Professor 2/17/25, 12:27 University Addresses Accusation of Former Professor Accused of Sexual Misconduct | The Bison 2/3 ( comes-home-from-the-land-down-under-alumnus-wins-big- in-australia/) ( community-gathers-to-raise-money-and-awarenes can The Link Network is a product of the Department of Communication at Harding University. For more inf (mailto:communication@harding.edu) or visit us at harding.edu/communication (htt Powered by ThinkWeb ( \uf106 2/17/25, 12:27 University Addresses Accusation of Former Professor Accused of Sexual Misconduct | The Bison 3/3"} |
7,844 | Graham Allan | University of Washington | [
"7844_101.pdf",
"7844_102.pdf",
"7844_103.pdf",
"7844_104.pdf",
"7844_105.pdf",
"7844_106.pdf"
] | {"7844_101.pdf": "v (2000) Supreme Court of Washington,En Banc. Margaret ALLAN, Petitioner, v. The WASHINGTON, an agency of the State of Washington, Respondent. No. 67294-6. Decided: April 20, 2000 Hall, Zanzig & Widell, Spencer Hall, Seattle, for Petitioner. Bennett, Bigelow & Leedom, Michael F. Madden, Seattle, for Respondent. Margaret Allan, Petitioner, petitioned in Thurston County Superior Court for a declaratory judgment to invalidate procedures adopted by the University of Washington (UW), Respondent, that amended the adjudication process for faculty disciplinary matters provided for in Chapter 28 of the Faculty Code. Allan, the wife of a professor, argued that the procedures had been promulgated in violation of the Administrative Procedure Act (APA), chapter 34.05 RCW. The trial court agreed and granted summary judgment to Allan. The appealed, arguing that Allan lacked standing to initiate her lawsuit. The Court of Appeals, Division Two, reversed. It found that Allan lacked standing and, accordingly, did not reach the question. Allan petitioned for our review. We granted review, and affirm the Court of Appeals The relevant facts are uncontroverted in this case. Margaret Allan is the wife of Professor Graham Allan. Professor Allan was the subject of a 1989 sexual harassment claim brought by a student. In response to that claim, the suspended and sought to terminate Professor Allan, but he appealed \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/17/25, 12:27 v (2000) | FindLaw 1/22 that action to a faculty committee which reinstated him following proceedings in which his wife was a participant, with separate counsel, under subpoena. The student subsequently sued the UW, and that lawsuit was settled in 1991. Part of the settlement was an agreement that the would seek to have the Faculty Senate change the procedures governing faculty members' appeals of discipline arising out of student complaints President William Gerberding subsequently proposed and strongly encouraged, in a 1992 letter to the chair of the Faculty Senate, changes to the \u201cFaculty Code Adjudicative Procedures\u201d that mirrored the settlement language. Clerk's Papers (CP) at 145. Prior to the adoption of the changes, Allan, through counsel, advised the chair of the Faculty Senate that it was her belief that the must comply with the in adopting any proposed rule changes-including providing opportunity for public comment-or the changes would be invalid. In response, the Division of the Attorney General's Office conveyed to Allan's attorney its opinion that \u201c[t]he revision to the faculty adjudication procedures is not subject to the Administrative Procedures Act because, under 34.05.010(15), rules of institutions of higher education involving employment relationships are not \u2018rules' within the meaning of the at 330. Changes to the adjudicative procedures in Chapter 28 of the Faculty Code were enacted in 1994 by a faculty vote. Following that, Allan petitioned for declaratory relief in Thurston County Superior Court - requesting that the court declare the rules invalid and set them aside. The moved to dismiss for lack of standing, and the trial court denied this motion and a motion to reconsider. The parties then cross-moved for summary judgment, with neither contending that any issues of material fact precluded the grant of their motions. The trial court issued an oral ruling and entered an order granting Allan's motion in June 1996. The appealed, and the Court of Appeals, Division Two, reversed the trial court-finding that Allan lacked standing to challenge the revisions to the Faculty Code, and thus did not address the question of whether the process of promulgating those revisions was in compliance with the APA. See Allan v. University of Washington, 92 Wash.App. 31, 959 P.2d 1184 (1998). Allan petitioned for our review, and review was granted The threshold question in this case is whether Margaret Allan has standing to challenge the 1994 revisions to the Faculty Code. The Court of Appeals analyzed Allan's claim under the standing rule 34.05.530 person has standing to obtain judicial review of agency action if that person is aggrieved or adversely affected by the agency action person is aggrieved or adversely affected within the meaning of this section only when all three of the following conditions are present: (1) The agency action has prejudiced or is likely to prejudice that person; 2/17/25, 12:27 v (2000) | FindLaw 2/22 (2) That person's asserted interests are among those that the agency was required to consider when it engaged in the agency action challenged; and (3 judgment in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the agency action. (Emphasis added.) Of this test, the Court of Appeals wrote that \u201c[t]he first and third prongs are generally called \u2018injury-in- fact\u2019 requirements, while the second is called the \u2018zone of interest\u2019 prong.\u201d Allan, 92 Wash.App. at 36, 959 P.2d 1184 (citing St. Joseph Hosp. & Health Care Ctr. v. Department of Health, 125 Wash.2d 733, 739, 887 P.2d 891 (1995)). The court observed that our statutory test \u201cis drawn from and explained by federal case law.\u201d Allan, 92 Wash.App. at 36, 959 P.2d 1184 (citing 34.05.001) (further citations omitted). Applying the test, the court found that \u201cMrs. Allan lacks standing under 34.05.530 to seek judicial review of the University's action because she is not a person \u2018aggrieved or adversely affected\u2019 by an agency action.\u201d Allan, 92 Wash.App. at 36, 959 P.2d 1184 (citing St. Joseph Hosp., 125 Wash.2d at 739, 887 P.2d 891). Allan argues that \u201c[t]he APA's standing provisions are generously applied.\u201d Br. of Resp't at 26 (citations omitted). To illustrate this argument she points to United States v. Students Challenging Regulatory Agency Procedures, 412 U.S. 669, 93 S.Ct. 2405, 37 L.Ed.2d 254 (1973 ). There the Supreme Court was confronted with a question of standing under the federal APA, and pointed to a number of cases in which the Court had allowed important interests to be vindicated by plaintiffs with no more at stake in the outcome of an action than a fraction of a vote \u2024 a $5 fine and costs \u2024 and a $1.50 poll tax\u2024 While these cases were not dealing specifically with \u2024 the APA, we see no reason to adopt a more restrictive interpretation of \u2018adversely affected\u2019 or \u2018aggrieved.\u2019 As Professor Davis has put it: \u2018The basic idea that comes out in numerous cases is that an identifiable trifle is enough for standing to fight out a question of principle; the trifle is the basis for standing and the principle supplies the motivation.\u2019 \u201d Id. at 689 n. 14, 93 S.Ct. 2405 (emphasis added) (citations omitted) (quoting kENNETH DAVIS, Standing: Taxpayers and Others, 35 U. CHI. L. REV. 601, 613 (1968)). However, the Court has subsequently left the viability of 's commentary on standing doubtful by writing of it that its \u201cexpansive expression of what would suffice for \u2024 review under its particular facts has never since been emulated by this Court\u2024\u201d Lujan v. National Wildlife Fed'n, 497 U.S. 871, 889, 110 S.Ct. 3177, 111 L.Ed.2d 695 (1990). Furthermore, National Wildlife Fed'n declared irrelevant for purposes of a motion for summary judgment because it involved a \u201cmotion to dismiss on the pleadings. The latter, unlike the former, presumes that general allegations embrace those specific facts that are necessary to support the claim.\u201d Id. (citing Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957)). 2/17/25, 12:27 v (2000) | FindLaw 3/22 Lujan v. Defenders of Wildlife, 504 U.S. 555, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992), is heavily relied upon by the UW. There, where United States environmental groups sought to challenge, under the Endangered Species Act, the impact of a regulation upon animal species in foreign countries, the Court acknowledged that \u201c[o]f course, the desire to use or observe an animal species, even for purely esthetic purposes, is undeniably a cognizable interest for purpose of standing.\u201d Id. at 562-63, 112 S.Ct. 2130 (emphasis added) (citing Sierra Club v. Morton, 405 U.S. 727, 734, 92 S.Ct. 1361, 31 L.Ed.2d 636 (1972)). However, it held that the groups had to demonstrate \u201cnot only that listed species were in fact being threatened by funded activities abroad, but also that one or more \u2024 members would thereby be \u2018directly\u2019 affected apart from their \u201cspecial interest' in th[e] subject.' \u201d Defenders, 504 U.S. at 563, 112 S.Ct. 2130 (alteration in original) (quoting Sierra Club, 405 U.S. at 735, 739, 92 S.Ct. 1361). In other words, \u201cthe \u2018injury in fact\u2019 test requires more than an injury to a cognizable interest. It requires that the party seeking review be \u2024 among the injured.\u201d Sierra Club, 405 U.S. at 734-35, 92 S.Ct. 1361 (emphasis added). In Defenders, the attempt to obtain standing was based upon affidavits from two environmental group members who had each once visited Africa and had never seen any endangered species there, but professed a desire to return at some indeterminate point in the future to try to observe endangered species. See Defenders, 504 U.S. at 563, 112 S.Ct. 2130. Not surprisingly, the Court noted that \u201c[s]tanding \u2024 requires, at the summary judgment stage, a factual showing of perceptible harm.\u201d Defenders, 504 U.S. at 566, 112 S.Ct. 2130. While Allan is correct in pointing out that Defenders had \u201can incredibly attenuated fact pattern[,]\u201d Br. of Resp't at 30 n.4, it is still applicable to her case. After all, under Defenders, Allan must demonstrate \u201ca factual showing of perceptible harm.\u201d Defenders, 504 U.S. at 566, 112 S.Ct. 2130. The harm Allan notes here is that she \u201cparticipated as a party in the very adjudication and litigation which resulted in these changes.\u201d Br. of Resp't at 29. This is true. However, the agency's past action is not the one causing the asserted prejudice. See 34.05.530(1). Moreover, the test speaks to present harm or more likely future harm. See 34.05.530(1). Thus it would be improper to consider the past harm that Allan alleges she suffered as a result of the faculty adjudicative process involving her husband, as a sole basis for standing to challenge changes to that process made afterward. The Supreme Court has noted that \u201c \u2018[p]ast exposure to illegal conduct does not in itself show a present case or controversy regarding injunctive relief \u2024 if unaccompanied by any continuing, present adverse effects.\u2019 \u201d Defenders, 504 U.S. at 564, 112 S.Ct. 2130 (emphasis added) (quoting City of Los Angeles v. Lyons, 461 U.S. 95, 102, 103 S.Ct. 1660, 75 L.Ed.2d 675 (1983)). The Court of Appeals is correct that Allan's \u201chypothetical argument that she could [again] someday be a witness in an adjudicatory proceeding is speculative and insufficient to establish standing.\u201d Allan, 92 Wash.App. at 38, 959 P.2d 1184. Allan is left with little more than an argument of \u201cprocedural injury.\u201d 2/17/25, 12:27 v (2000) | FindLaw 4/22 Allan contends, however, that her position is supported by Seattle Bldg. & Constr. Trades Council v. Apprenticeship & Training Council, 129 Wash.2d 787, 920 P.2d 581 (1996) (Trades Council ),1 a case that involved interpretation of the very statute at issue here 34.05.530. There, in an opinion relying upon Defenders, we wrote that \u201c[w]here an agency refuses to provide a procedure required by statute or the Constitution, the United States Supreme Court \u2018routinely grants standing to a party\u2019 despite the fact that \u2018any injury to substantive rights attributable to failure to provide a procedure is both indirect and speculative.\u2019 \u201d Trades Council, 129 Wash.2d at 794, 920 P.2d 581 (quoting 3 kENNETH J. PIERCE, JR., aDMINISTRATIVE \u00a7 16.5, at 31 (3d ed.1994)). We also quoted from another treatise that noted that \u201c \u2018[f]ailure to comply with procedural requirements of itself establishes sufficient injury to confer standing.\u2019 \u201d Trades Council, 129 Wash.2d at 794, 920 P.2d 581 (quoting 13 cHARLES \u00a7 .4, at 433 (2d ed.1984)). As we quoted Defenders itself: \u201c \u2018There is this much truth to the assertion that \u2018procedural rights' are special: The person who has been accorded a procedural right to protect his concrete interests can assert that right without meeting all the normal standards for redressability and immediacy.\u2019 \u201d Trades Council, 129 Wash.2d at 794-95, 920 P.2d 581 (emphasis added) (quoting Defenders, 504 U.S. at 572 n. 7, 112 S.Ct. 2130). However, we noted that essential to the assertion of \u201csuch procedural rights\u201d was a \u201cconcrete interest,\u201d although the \u201cfact that any economic injury \u2024 might not be immediate, or the fact that the decision of the agency would be no different under formal adjudicatory proceedings[,] is not dispositive of the standing question if Appellants have a concrete interest protectable by a requirement of formal adjudicatory proceedings.\u201d Trades Council, 129 Wash.2d at 795, 920 P.2d 581 (emphasis added). In Trades Council, labor organizations with trade apprenticeship programs existing at the time that a public agency approved the standards for, and registration of, a competing apprenticeship program, sought judicial review of the question of whether this approval required a formal adjudicatory hearing. We found that these organizations had standing based upon the likely diminishment of employment opportunities as a result of the agency's decision for apprentices of \u201cexisting programs, including their own.\u201d Trades Council, 129 Wash.2d at 796, 920 P.2d 581. Thus, the \u201cinjury in fact\u201d and \u201czone of interest\u201d prongs of the standing test were satisfied. See 34.05.530. In this case the Court of Appeals found that \u201cMrs. Allan's claimed interest, at best, is derived from her professor husband and his salary. But Mrs. Allan fails to establish a concrete interest of her own that has been injured by the claimed procedural error.\u201d Allan, 92 Wash.App. at 37, 959 P.2d 1184. The concedes that Professor Allan would have standing as a contracting faculty member to challenge an improperly promulgated change to the Faculty Code. Allan argues that she should have standing as a part of her husband's marital community, asserting an interest in his income.2 For support she points to LaHue v. Keystone Inv. Co., 6 Wash.App. 765, 496 P.2d 343 (1972). In that case the widow of a stockholder was found to have standing to maintain a derivative stockholder's suit on the basis of her 2/17/25, 12:27 v (2000) | FindLaw 5/22 \u201cone-half community interest in stock held in her husband's name prior to his death,\u201d and it did not matter whether the stock was \u201cformally set aside to her in the course of probate of her husband's estate\u2024\u201d LaHue, 6 Wash.App. at 776-77, 496 P.2d 343 (citations omitted). LaHue indicates that not only did it not matter that the widow there was not a shareholder of record, but that her standing was not contingent upon the fact of her husband's death-for she was \u201cnot merely a legatee, but an owner of that one-half interest.\u201d LaHue, 6 Wash.App. at 777, 496 P.2d 343 (emphasis added). Thus it was her community property interest in the stock itself that gave her standing. However, LaHue is certainly distinguishable here. Professor Allan's interest in the UW's rule-making process is based upon his employment by the UW, not just the income it generates. He has contractual interest in the rules that govern his working conditions. Allan does not share this individual interest. She has not shown a concrete interest of her own. \u201c \u2018By the community property law of this state \u2024 the legislature did not create an entity or a juristic person separate and apart from the spouses composing the marital community.\u2019 \u201d deElche v. Jacobsen, 95 Wash.2d 237, 243, 622 P.2d 835 (1980) (quoting Bortle v. Osborne, 155 Wash. 585, 589-90, 285 P. 425, 67 A.L.R. 1152 (1930)). The employs Professor Allan, not his marital community, and his wife cannot demonstrate that her \u201casserted interests are among those that the agency was required to consider when it engaged in the agency action challenged 34.05.530(2) (emphasis added). Furthermore, \u201c[a] person is aggrieved or adversely affected within the meaning of\u201d the standing test only when the zone of interest and injury-in-fact prongs are satisfied 34.05.530. Allan cannot satisfy the injury-in-fact prongs by showing that the UW's action \u201chas prejudiced or is likely to prejudice\u201d her 34.05.530(1). She cannot show a threat to the only interest that she identifies-her community property interest in Professor Allan's income-that is \u201csufficiently real;\u201d in other words, a threat that is \u201cneither imaginary nor speculative.\u201d Yesler Terrace Community Council v. Cisneros, 37 F.3d 442, 446 (9th Cir.1994) (citing Blum v. Yaretsky, 457 U.S. 991, 1000, 102 S.Ct. 2777, 73 L.Ed.2d 534 (1982)). She does not point to, for example, any pending disciplinary proceeding under the revised Faculty Code that involves Professor Allan. In comparison to the likely economic impacts upon plaintiffs found in Trades Council, any threat posed to Allan by the alleged violation of the here is quite remote. Absent a concrete interest, injury-in-fact standing under the is not conferred upon the spouse of an administrative agency's employee merely on the basis of an asserted failure on the part of the agency to follow procedural requirements. In conclusion, we find that Allan has not met the statutory test for standing in an case. In light of this disposition, we cannot reach the question of whether the changes to the Faculty Code were required to be adopted in compliance with the APA. We affirm the Court of Appeals. The issue in this case, at its threshold, is whether Mrs. Margaret Allan, wife of University of Washington (UW) professor G. Graham Allan, has standing under the Washington Administrative Procedure Act 2/17/25, 12:27 v (2000) | FindLaw 6/22 (APA), chapter 34.05 RCW, to challenge revisions to UW's Faculty Code. If she does, the issue, which neither the Court of Appeals nor majority addresses, becomes whether the UW's Faculty Code revisions fall under the ambit of the APA, and if so, whether the UW's promulgation of the revisions runs afoul of it. It seems clear to me Mrs. Allan has as much standing to challenge the Faculty Code revisions as does her professor husband because of her community property share in his employment contract with would therefore go to the merits of her claim and, for reasons shall discuss below, affirm the trial court that these rules must be adopted in accordance with the or not at all The linchpin of the Court of Appeals decision, and the majority's opinion which affirms it, is \u201cMrs. Allan lacks standing under 34.05.530 to seek judicial review of the University's action because she is not a person \u2018aggrieved or adversely affected\u2019 by an agency action.\u201d Allan v. University of Washington, 92 Wash.App. 31, 36, 959 P.2d 1184 (1998) (quoting St. Joseph Hosp. & Health Care Ctr. v. Department of Health, 125 Wash.2d 733, 739, 887 P.2d 891 (1995)), review granted, 137 Wash.2d 1019, 980 P.2d 1280 (1999). This conclusion is the result of correctly stating, but ultimately misapplying, the statutory \u201caggrieved or adversely affected\u201d test for standing under the APA, which requires: (1) The agency action has prejudiced or is likely to prejudice that person; (2) That person's asserted interests are among those that the agency was required to consider when it engaged in the agency action challenged; and (3 judgment in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the agency action 34.05.530. The majority correctly notes this test embodies \u201c \u2018injury-in-fact\u2019 \u201d and \u201c \u2018zone of interest\u2019 \u201d prongs. Majority at 362 (quoting Allan, 92 Wash.App. at 36, 959 P.2d 1184 (citing St. Joseph Hosp. & Health Care Ctr., 125 Wash.2d at 739, 887 P.2d 891)). According to the majority, echoing the Court of Appeals, Mrs. Allan must show a \u201cconcrete interest of her own\u201d in the outcome of the action in order to have standing under the APA. Majority at 365 (\u201cAbsent a concrete interest, injury-in-fact standing under the is not conferred upon the spouse of an administrative agency's employee merely on the basis of an asserted failure on the part of the agency to follow procedural requirements.\u201d); Allan, 92 Wash.App. at 37, 959 P.2d 1184 (\u201cAllan fails to establish a concrete interest of her own that has been injured by the claimed procedural error.\u201d). However it is unclear what sort of \u201cconcrete interest\u201d test the majority is mixing. Mrs. Allan is within the \u201czone of interest\u201d under 34.05.530 because of her right of equal management of the property acquired through the marital community of herself and Professor Allan. Majority at 365 26.16.030. There is no question Mrs. Allan has a community interest in Professor Allan's employment 2/17/25, 12:27 v (2000) | FindLaw 7/22 contract. The income he earns through his employment is a community asset, whereas any economic liabilities he incurs under the contract, e.g., by the operation of a Faculty Code provision incorporated into that contract, are going to be community liabilities. The trial court correctly held Mrs. Allan has standing to challenge the Faculty Code revision on the independent basis of her community property interest as the spouse of Professor Allan. Clerk's Papers (CP) at 181, 191. The concedes Professor Allan, like any professor, would have automatic standing to challenge rule-making or adjudicatory actions under the APA. See Supplemental Br. of Resp't at 10; Tr. of Oral Argument to Court of Appeals at 3. It is truly inexplicable, then, how the majority reaches its conclusion, after having recognized the UW's concession on this point. That Mrs. Allan's community property share of Professor Allan's employment contract places her within the zone of a concrete interest is supported by our decision in LaHue v. Keystone Inv. Co., 6 Wash.App. 765, 496 P.2d 343, review denied, 81 Wash.2d 1003 (1972). There, as the majority points out, the widow of a stockholder was found to have standing to maintain a derivative stockholder's suit on the basis of her \u201c \u2018one-half community interest in stock held in her husband's name prior to his death,\u2019 and it did not matter whether the stock was \u2018formally set aside to her in the course of probate of her husband's estate.\u2019 \u201d Majority at 365 (quoting LaHue, 6 Wash.App. at 776-77, 496 P.2d 343). The majority's attempt to distinguish LaHue is as arbitrary as it is unsatisfactory. See Majority at 365. The majority states LaHue involved solely an economic interest-the wife's community share in the husband's stock. Here, the majority argues, Professor Allan's employment contract embodied contractual interests \u201cindividual\u201d to him that Mrs. Allan \u201cdoes not share.\u201d Majority at 365. This unidentified individual \u201ccontractual interest\u201d (id.) is a red herring for the purposes of our analysis. No one seriously doubts the core interests of Professor Allan's employment contract are the salary and benefits he earns as a professor, which are community property assets he shares with Mrs. Allan. The unspecified contractual interest (id.) the majority spins out of whole cloth simply does not pay the bills. Mrs. Allan, then, has just as much a concrete interest in her husband's employment contract as the spouse in LaHue had in her husband's stock. For purposes of satisfying the \u201cconcrete interest\u201d prong-even the ultra-restrictive one the majority has mixed on the spot-the interest inherent in the community property is sufficient. The majority attempts to avoid this conclusion by distinguishing Professor Allan's employment with the from the mere income it generates, claiming Mrs. Allan has a community property interest in the latter but not the former. Majority at 365 (\u201cThe employs Professor Allan, not his marital community\u2024\u201d). This distinction is without a difference in the present case. Professor Allan's very employment with the is undertaken as an agent of, and in furthering the interests of, the marital community. This is illustrated by the fact that whether or not his employment generated income, the marital community of which he is an agent would be liable should he commit a tort within the scope of 2/17/25, 12:27 v (2000) | FindLaw 8/22 his employment as his employment is in the benefit of the marital community. deElche v. Jacobsen, 95 Wash.2d 237, 245, 622 P.2d 835 (1980) (\u201cTorts which can properly be said to be done in the management of community business, or for the benefit of the community, will remain community torts with the community and the tort-feasor separately liable.\u201d). It is therefore community employment. Here the community nature of Professor Allan's employment is doubly proved as he earns income that is community property. To the extent Mrs. Allan has a community property interest in the income Professor Allan generates, she has an interest in the employment that gives rise to that income under our long-standing precedent that is sufficient to confer standing in this case. See In re Marriage of Lindemann, 92 Wash.App. 64, 72, 960 P.2d 966 (1998) (\u201cOrdinarily, a marital community is entitled to the fruits of all labor performed by either party to the relationship because each spouse is the servant of the community.\u201d) (citing Yesler v. Hochstettler, 4 Wash. 349, 366, 30 P. 398 (1892); In re Marriage of Brown, 100 Wash.2d 729, 737, 675 P.2d 1207 (1984)), review denied, 137 Wash.2d 1016, 978 P.2d 1099 (1999). Its half-hearted attempt to distinguish LaHue notwithstanding, the majority cannot seriously claim Mrs. Allan lacks a concrete interest in the UW's rule-making here. Thus the majority's standing analysis would seem to center on the \u201cinjury-in-fact\u201d prong of the standing test. However an argument that Mrs. Allan fails to aver an adequate injury-in-fact is conspicuously lacking in the majority opinion. Rather the majority collapses back in upon itself, arguing that by failing to aver anything other than a \u201c \u2018hypothetical argument that she could [again] someday be a witness in an adjudicatory proceeding,\u2019 \u201d which is \u201c \u2018speculative and insufficient to establish standing,\u2019 \u201d and therefore, \u201cAllan is left with little more than an argument of \u2018procedural injury.\u2019 \u201d Majority at 365 (alteration in original) (quoting Allan, 92 Wash.App. at 38, 959 P.2d 1184). The majority continues, The \u201cthreat posed to Allan by the alleged violation of the here is quite remote.\u201d Majority at 365. Then, in the very next sentence, the majority brings us full circle: \u201cAbsent a concrete interest, injury-in-fact standing under the is not conferred\u2024\u201d Id. (emphasis added). But have already demonstrated as unpersuasive the majority's argument that Mrs. Allan lacks a concrete interest in the underlying proceedings. With respect to Mrs. Allan's putatively \u201c \u2018procedural injury,\u2019 \u201d Majority at 364 (quoting Allan, 92 Wash.App. at 38, 959 P.2d 1184), the majority's analysis places itself directly at odds with the law the majority itself cites. In Trades Council for example, as the majority quotes at page 364, we noted \u201c[w]here an agency refuses to provide a procedure required by statute or the Constitution, the United States Supreme Court \u2018routinely grants standing to a party\u2019 despite the fact that \u2018any injury to substantive rights attributable to failure to provide a procedure is both indirect and speculative.\u2019 \u201d Seattle Bldg. & Constr. Trades Council v. Apprenticeship & Training Council, 129 Wash.2d 787, 794, 920 P.2d 581 (1996) (quoting 3 Kenneth Culp Davis & Richard J. Pierce, Jr., Administrative Law Treatise \u00a7 16.5, at 31 (3d ed.1994)), cert. denied, 520 U.S. 1210, 117 S.Ct. 1693, 137 L.Ed.2d 820 (1997). Further, as the majority acknowledges, \u201c \u2018[f]ailure to comply with procedural requirements of itself establishes sufficient injury to confer standing.\u2019 \u201d Majority at 364 (quoting Trades Council, 129 Wash.2d at 794, 920 P.2d 581 (quoting 13 Charles A. Wright et al., Federal Practice and Procedure \u00a7 3531.4, at 433 (2d ed.1984))). And further, 2/17/25, 12:27 v (2000) | FindLaw 9/22 \u201c \u2018[t]here is this much truth to the assertion that \u2018procedural rights' are special: The person who has been accorded a procedural right to protect his concrete interests can assert that right without meeting all the normal standards for redressability and immediacy.\u2019 \u201d Trades Council, 129 Wash.2d at 794-95, 920 P.2d 581 (quoting Lujan v. Defenders of Wildlife, 504 U.S. 555, 572 n. 7, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992)). The majority would take us outside the sweep of this law by noting, \u201cHowever, we noted that essential to the assertion of \u2018such procedural rights' was a \u2018concrete interest\u2024\u2019 \u201d Majority at 364. Again the majority collapses its analysis into the \u201cconcrete interest\u201d prong. As have demonstrated, Mrs. Allan's concrete interest undeniably flows from the marital community between herself and Professor Allan. Perhaps the majority would here unwittingly overrule the standing portion of the Trades Council decision; but if that is its intent, it should say so clearly. As Mrs. Allan's concrete interest in the community property (which is Professor Allan's employment contract) is sufficient to grant her standing under 34.05.530 would recognize Mrs. Allan's standing to challenge the UW's procedures under the APA, and thus move to the merits of the underlying appeal There is no question in this case that the revisions to the adjudication procedures in the Faculty Code here at issue were not adopted in compliance with the notice and comment requirements of the APA. See 34.05.320, .325; Allan, 92 Wash.App. at 35 n. 1, 959 P.2d 1184. The admits this. See at 51. Had the majority correctly determined Mrs. Allan had standing, the question properly becomes whether the process by which the adopted the 1994 changes to its Faculty Code was governed by the in the first place. If they were, the was violated. The defines what constitutes a \u201c[r]ule\u201d: [A]ny agency order, directive, or regulation of general applicability \u2024 (b) which establishes, alters, or revokes any procedure, practice, or requirement relating to agency hearings\u2024 The term includes the amendment or repeal of a prior rule, but does not include \u2024 (iv) rules of institutions of higher education involving standards of admission, academic advancement, academic credit, graduation and the granting of degrees, employment relationships, or fiscal processes 34.05.010(16) (emphasis added). The \u201coperates under the principle of \u2018shared governance,\u2019 whereby the faculty and administrators share authority for running the institution.\u201d Br. of Appellant at 7. This principle is embodied in 28B.20.200: \u201cThe faculty of the University of Washington shall consist of the president of the university and the professors and the said faculty shall have charge of the immediate government of the institution under such rules as may be prescribed by the board of regents.\u201d 2/17/25, 12:27 v (2000) | FindLaw 10/22 Changes in the rules involving the \u201cemployment relationships\u201d of faculty, as embodied in the Faculty Code, are initiated and approved by the faculty. See at 450. The 1994 revisions to the Faculty Code that were adopted through the process challenged here did not, however, relate only to the employment rights of faculty members. They also involved rights of \u201c[n]onparty participant[s] of right:\u201d \u201c[T]he person or persons who are alleged to be the victims of any harassment, discrimination or other wrongdoing at 259 (Ex to affidavit of L. Mark Eichorn, \u201cProposed Revisions to Faculty Code Provisions Regarding Adjudications (Chapter 28)\u201d) (emphasis added). The Faculty Code revisions also provide for a role for \u201c[p]ermissive nonparty participant [s]:\u201d \u201c[A]ny person who has a substantial interest that will be affected by the outcome of a Comprehensive Adjudication and whose request to participate in the proceeding has been granted by the Hearing Officer at 259. Rights of participation, counsel, cross-examination, and access to evidence were prescribed for the nonparty participants. See at 279-81. The authority of the hearing officer with regard to issuing discovery and protective orders was delineated. See at 286-87. These orders, ironically, are enforceable through the APA's provisions \u201cregarding civil enforcement of agency actions at 287. The is also the source of the hearing panel's statutory power to issue subpoenas, as provided for in the revisions. See at 286 34.05.588. As Mrs. Allan correctly notes: \u201cThe revisions include numerous provisions defining, creating, and limiting rights of nonfaculty without any input from them\u201d as would be required under the APA. Br. of Resp't at 19. The argues that the 1994 revisions to the Faculty Code at issue here fall under the above exemption from the for \u201crules of institutions of higher education involving \u2024 employment relationships.\u201d The makes much of the meaning of the word \u201cinvolving\u201d in 34.05.010(16), noting, correctly, that \u201c[t]he starting point for analyzing this issue is, of course, the language of the statute itself.\u201d Br. of Appellant at 29 (citing State v. Young, 125 Wash.2d 688, 694, 888 P.2d 142 (1995)). It points to the fact that under the former Higher Education \u201cthe exemption extended only to rules \u2018relating primarily\u2019 to employment relationships.\u201d Former 28B.19.020(2), repealed by Laws of 1988, ch. 288, \u00a7 701. In replicating language from this predecessor statute into the 1988 the legislature substituted \u201cinvolving \u2024 employment relationships\u201d for \u201crelating primarily to \u2024 employment relationships[.]\u201d The turns to a dictionary definition of the word \u201cinvolve\u201d to suggest that the legislature's use of the word \u201cmakes it apparent that the Legislature did not intend to limit the scope of exempt rules to those impacting exclusively on faculty members.\u201d Br. of Appellant at 30. However, it could just as easily be argued that the is using the word \u201cinvolving\u201d to allow an exception to swallow a rule.1 As Mrs. Allan notes, \u201cthe University emphasizes the dictionary meaning of the term \u2018involving,\u2019 extrapolating from the definition to conclude that any rule having any nexus with employment relationships-no matter the impact on others -'involves' employment relationships and is therefore exempt from requirements.\u201d Br. of Resp't at 16 (emphasis added). She argues that \u201c[t]he University may not insulate rules substantially affecting non-faculty rights from review simply by including them with other provisions 2/17/25, 12:27 v (2000) | FindLaw 11/22 which affect only faculty.\u201d Id. at 12. Even if it can be reasonably conceded that the legislature foresaw the impact that exempting the employment relationships of faculty members would have upon their spouses, and thus impacts upon spouses alone would not bring changes to the Faculty Code under the APA, it could scarcely be extrapolated from that fact that the legislature intended that the complaints of victims of those faculty members (e.g., victims of sexual harassment) should be laundered through an adjudicative process that they and other members of the public would have had no part in shaping. Mrs. Allan appropriately points to the federal courts' treatment of a comparable federal section, 5 U.S.C. \u00a7 553 (1994), as guidance for when the rule-making requirements should apply, and also points to the example of other states. See 34.05.001 (\u201c[C]ourts should interpret provisions of this chapter [the APA] consistently with decisions of other courts interpreting similar provisions of other states, the federal government, and model acts.\u201d). Under 5 U.S.C. \u00a7 553, \u201c[g]eneral notice of proposed rulemaking shall be published in the Federal Register,\u201d \u00a7 553(b), in most cases, and after notice \u201cthe agency shall give interested persons an opportunity to participate in the rule making through submission of written data, views, or arguments [,]\u201d \u00a7 553(c), and \u201c[e]ach agency shall give an interested person the right to petition for the issuance, amendment, or repeal of a rule,\u201d \u00a7 553(e). However, these provisions do not apply to exceptions analogous to the higher education exemption at issue here, exemptions covering \u201ca matter relating to agency management or personnel[,]\u201d \u00a7 553(a)(2), and \u201crules of agency organization, procedure, or practice \u2024\u201d \u00a7 553(b)(A). Mrs. Allan points to a \u201csubstantial impact test\u201d that has been used under \u00a7 553(a)(2) and \u00a7 553(b)(A) \u201cto determine whether the agency is required to comply with the rule-making requirements.\u201d Br. of Resp't at 12-13. The question is whether the agency action has a substantial impact on private rights and interests of those outside the agency (in this case, nonfaculty). For example, where the United States Civil Service Commission attempted to invoke the \u00a7 553(a)(2) exemption for a challenged regulation the D.C. Circuit Court of Appeals held that \u201calthough the Commission's regulation is only directed at government personnel it does not fall within section 553(a)(2) because outside individuals are substantially affected.\u201d Joseph v. United States Civil Serv. Comm'n, 554 F.2d 1140, 1153 n. 23 (D.C.Cir.1977). In another case, where the United States Department of Labor invoked the \u00a7 553(b)(A) exemption to try to shield from the federal a modification of its method of calculating employment statistics, the D.C. Circuit noted first that the exception \u201cwas provided to ensure that agencies retain latitude in organizing their internal operations.\u201d Batterton v. Marshall, 648 F.2d 694, 707 (D.C.Cir.1980). However, it held that \u201c[t]he exemption cannot apply \u2024 where the agency action trenches on substantial private rights and interests.\u201d Id. at 708. This was in keeping with the idea that \u201c[t]he essential purpose of \u2024 notice and comment opportunities is to reintroduce public participation and fairness to affected parties after governmental authority has been delegated to unrepresentative agencies.\u201d Id. at 703. 2/17/25, 12:27 v (2000) | FindLaw 12/22 Other \u201csubstantial impact\u201d cases that Mrs. Allan cites relate to exemption clauses similar to 34.05.010(16)(i): \u201c[S]tatements concerning only the internal management of an agency and not affecting private rights or procedures available to the public \u2024\u201d (Emphasis added.) See Woodland Private Study Group v. Department of Envtl. Protection, 109 N.J. 62, 70, 533 A.2d 387, 389-91 (1987) (construing intra- agency and interagency statements as used in N.J. Stat. Ann. \u00a7 52:14B-2(e)); Persico v. Maher, 191 Conn. 384, 465 A.2d 308, 318 (1983) (interpreting language identical to 34.05.010(16)(i) in Conn. Gen.Stat. \u00a7 4-166(7)). While 34.05.010(16)(i), under which a \u201csubstantial impact\u201d test certainly might be appropriate to measure whether statements affect \u201cprivate rights or procedures available to the public[,]\u201d is not implicated here, nevertheless analysis of the language of 34.05.010(16)(i) cannot lead one to the UW's conclusion that it is also the exemption \u201cmost analogous\u201d to the 5 U.S.C. \u00a7 553 exemptions at issue in Joseph and Batterton. Those exemptions are \u201csimilar\u201d enough to the higher education exemption at issue here that their construction should guide this court. See 34.05.001. As the points out, our higher education exemption is without an identical federal parallel-and Mrs. Allan does not point us to such a parallel in another state. On its face, unlike .010(16)(i) which precedes it, our higher education exemption does not speak to \u201cprivate rights or procedures available to the public[.]\u201d See 34.05.010(16) (simply providing that rules governed by the do \u201cnot include \u2024 (iv) rules of institutions of higher education involving standards of admission, academic advancement, academic credit, graduation and the granting of degrees, employment relationships, or fiscal processes.\u201d). Accordingly, in interpreting the higher education exemption, the argues that when the legislature wants to protect third parties \u201cit knows how to do so[,]\u201d as evidenced by \u201cthe very same section of the APA[.]\u201d Br. of Appellant at 33. It is true, for example, that rules involving \u201cstandards of admission, academic advancement, academic credit, graduation and the granting of degrees\u201d are going to impact persons inside and outside the university (i.e., both students and applicants), and that this could have only been contemplated by the legislature in exempting such rules from the APA. The contends that its argument that the legislature \u201crecognized the impact on third parties when it added the challenged exemption to the new APA\u201d is supported by these impacts. However the undermines itself when it points to 34.05.010(16)(i) to make an expressio unius est exclusio alterius argument. See Br. of Appellant at 33, 36 (citing Bour v. Johnson, 122 Wash.2d 829, 836, 864 P.2d 380 (1993)). The is correct in that the legislature did expressly identify the interests of the public as not being abrogated by another exemption-the exemption for \u201cstatements concerning only the internal management of an agency and not affecting private rights or procedures available to the public 34.05.010(16)(i). We see from this provision the legislature limited the exemption for \u201cstatements concerning only the internal management of an agency\u201d to those \u201cnot affecting private rights or procedures available to the public\u2024\u201d The broad scope of the APA's application to state agencies is demonstrated by the fact that, without an express exemption, simple \u201cstatements\u201d could otherwise be construed as rules.2 The language of the 2/17/25, 12:27 v (2000) | FindLaw 13/22 \u201cstatements\u201d exemption does not support the conclusion that by not expressly qualifying \u201cemployment relationships\u201d when it exempted the \u201crules of institutions of higher education,\u201d the legislature meant for the scope of \u201cemployment relationships\u201d to be so indefinite as to allow those relationships in universities to infringe upon \u201cprivate rights or procedures affecting the public\u2024\u201d Instead, the use of the term \u201cemployment relationships\u201d is part of the express limitation of the types of \u201crules of institutions of higher education\u201d that are exempt from the APA. The higher education exemption is a narrow exemption. Were it otherwise, the legislature could have simply exempted \u201crules of institutions of higher education\u201d without adding more. \u201c \u2018Where a statute specifically designates the things or classes of things upon which it operates, an inference arises in law that all things or classes of things omitted from it were intentionally omitted by the legislature under the maxim expressio unius est exclusio alterius-specific inclusions exclude implication.\u2019 \u201d Landmark Dev., Inc. v. City of Roy, 138 Wash.2d 561, 571, 980 P.2d 1234 (quoting Washington Natural Gas Co. v No. 1, 77 Wash.2d 94, 98, 459 P.2d 633 (1969)). Thus the \u201cimplication\u201d that \u201cemployment relationships\u201d include rights of persons outside those two-party relationships, rights that seeks to take outside of the (while paradoxically invoking the in the rule changes in order to enforce its power over those rights through discovery and protective orders and subpoenas), is presumptively invalid. Cf. State v. Sommerville, 111 Wash.2d 524, 535, 760 P.2d 932 (1988) (\u201cUnder the rule of expressio unius est exclusio alterius \u2024 these exceptions are exclusive, and the further exception carved out by the trial court here is barred.\u201d) (citing Queets Band v. State, 102 Wash.2d 1, 5, 682 P.2d 909 (1984); Washington Natural Gas Co. v No. 1, 77 Wash.2d 94, 98, 459 P.2d 633 (1969); State v. Roadhs, 71 Wash.2d 705, 707, 430 P.2d 586 (1967)). Therefore the process by which the challenged changes to chapter 28 of the Faculty Code were adopted in 1994 should have been governed by the notice and comment provisions of the APA, inasmuch as they did not solely involve \u201cemployment relationships.\u201d Given there are no outstanding issues of material fact, we should reinstate the trial court's summary judgment in favor of Mrs. Allan The has conceded that a faculty member, such as Professor Allan, would have had standing under 34.05.530 to challenge the rules adopted here. See Supplemental Br. of Resp't at 10; Tr. of Oral Argument to Court of Appeals at 3. This is presumably due to his affected salary interest, which is community property that \u201c[e]ither spouse, acting alone, may manage and control 26.16.030 (emphasis added). LaHue and Trades Council both provide support for Mrs. Allan's argument that she should have standing based upon this community property interest to challenge the process by which changes to chapter 28 of the Faculty Code were adopted in 1994. Reaching the merits, the UW's revision of the Faculty Code violated the APA, inasmuch as the narrow exception for \u201crules of institutions of higher education involving \u2024 employment relationships 34.05.010(16)(iv), was exceeded in adopting rules that impact the third-party rights of victims, and 2/17/25, 12:27 v (2000) | FindLaw 14/22 witnesses to victimization (through subpoena), of those employees. Under these changes to the Faculty Code \u201coutside individuals are substantially affected.\u201d Joseph, 554 F.2d at 1153 n. 23. The majority should be mindful of the primary purpose behind the APA. When it adopted the 1988 APA, the legislature declared that it intended \u201cto provide greater public and legislative access to administrative decision making 34.05.001. As Professor Andersen wrote: The purpose of rulemaking procedures is to ensure that members of the public can participate meaningfully in the development of agency policy that affects them. When the questioned agency action will affect the public in a general way and where notice to and comment by the affected public seems useful, the action should be regarded as a rule. William R. Andersen, The 1988 Washington Administrative Procedure Act-An Introduction, 64 Wash. L.Rev. 781, 791 (1989).3 Similarly, the D.C. Circuit in Batterton wrote that \u201c[e]xemptions should be recognized only where the need for public participation is overcome by good cause to suspend it, or where the need is too small to warrant it, as for example, when the action in fact does not conclusively bind \u2024 affected private parties.\u201d Batterton, 648 F.2d at 704 (footnote omitted). In light of the violation, the trial court's summary judgment order in favor of Mrs. Allan should be affirmed and the Court of Appeals should be reversed. Accordingly dissent 1. Some of the cases that Allan cites to demonstrate liberalization in standing requirements are inapposite here because they did not involve the question of standing under the APA. See City of Seattle v. State, 103 Wash.2d 663, 694 P.2d 641 (1985); Seattle School Dist. No. 1 v. State, 90 Wash.2d 476, 585 P.2d 71 (1978); Blondheim v. State, 84 Wash.2d 874, 529 P.2d 1096 (1975); State ex rel. Tattersall v. Yelle, 52 Wash.2d 856, 329 P.2d 841 (1958). Reagles v. Simpson, 72 Wash.2d 577, 585-86, 434 P.2d 559, (1967) obliquely, and Bolser v. Washington State Liquor Control Bd., 90 Wash.2d 223, 225- 26, 580 P.2d 629 (1978), more directly, are cases addressing standing under an earlier version of the that predated the 1988 adoption of the more exacting three-prong statutory standing test. Compare, e.g 34.05.530(1) (\u201cThe agency action \u2024 is likely to prejudice that person \u2024\u201d (emphasis added)) with Bolser, 90 Wash.2d at 226, 580 P.2d 629 (\u201c[T]he regulation in question or its threatened application may interfere with or impair \u2024 the legal rights or privileges of the plaintiffs \u2024\u201d (emphasis added)) (citing former 34.04.070(1); Kenneth Culp Davis, Standing, 1976, 72 NW. U.L. REV. 69, 80 (1977)). They cannot control today's interpretation of 34.05.530. 2. Professor Allan's income is community property, which \u201c[e]ither spouse, acting alone, may manage and control 26.16.030. 2/17/25, 12:27 v (2000) | FindLaw 15/22 1. For example, the writes,[C]ommon sense informs us, as it would the Legislature, that decisions about employment of faculty necessarily impact third parties to the employment contract, such as family of faculty, students, and other persons affected by the faculty member's work. In the University setting, the latter might include patients being treated by medical faculty, companies and agencies making grants to researchers, or even persons who hope to benefit from a faculty member's work, such as developing a new drug or surgical technique, or writing a prize-winning novel.Br. of Appellant at 30. Even assuming all this to be true, how does it diminish Mrs. Allan's argument? The does not point to any rules outside of the providing for an adjudicatory process that allows, for example, a third person aggrieved by a faculty member's \u201cprize-winning novel\u201d to complain and be subject to discovery and subpoenas. No one is disputing that faculty members interact with the world outside of the UW. The question is whether, when they victimize someone outside of the employment relationship, the disciplinary process can take place through rules adopted entirely outside of the APA. 2. The is \u201can agency\u201d that enjoys the APA's exemption for \u201cstatements\u201d under 34.05.010(16) (i). Thus, this exemption and the higher education exemption run on parallel tracks in their application to the UW. 3. Professor Andersen, the UW's own resident expert on the APA, opined these revisions were subject to the Act. In response to a question \u201cregarding the applicability of the APA's rule-making provisions to the revisions\u201d to the Faculty Code at 135, Andersen, in an e-mail, wrote:1. The question you ask is open.2. The act has a narrow exemption of university rules\u2024 This list doesn't seem to me to exempt our adjudication rules. Moreover, it makes clear by implication that university rules generally within the act.\u20244. My own position is that all rules with significant impacts (as these rules clearly do) should be run through the rulemaking procedures of the and think there is enough in the rule definition in the section cited above to make a good case for that-especially since outside judges (who decide these things) have not always been as enthusiastic about the iviolability [sic ] of \u201cinternal\u201d university processes as us insiders tend to be at 135 (citing 34.05.010(15)). Andersen's expertise on the subject of the APA, in the form of his seminal law review article on it, has been acknowledged and relied upon by this court in the past. See Aviation West Corp. v. Department of Labor & Indus., 138 Wash.2d 413, 419, 980 P.2d 701 (1999); Seattle Bldg. & Constr. Trades Council v. Apprenticeship & Training Council, 129 Wash.2d 787, 797, 920 P.2d 581 (1996); St. Joseph Hosp. & Health Care Ctr. v. Department of Health, 125 Wash.2d 733, 739, 887 P.2d 891 (1995); Neah Bay Chamber of Commerce v. Department of Fisheries, 119 Wash.2d 464, 473, 832 P.2d 1310 (1992). MADSEN, J. GUY, C.J., JOHNSON, ALEXANDER, TALMADGE, IRELAND, JJ., SHIELDS, and COLEMAN, J.P.T. 2/17/25, 12:27 v (2000) | FindLaw 16/22 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. 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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 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, 12:27 v (2000) | FindLaw 21/22 US: \uf09a \uf16a \uf16d By Name Copyright \u00a9 2025, FindLaw. All rights reserved. Terms > | Privacy > | Disclaimer > | Cookies > 2/17/25, 12:27 v (2000) | FindLaw 22/22", "7844_102.pdf": "Invisible disability: Building Great Britons Posted on February 27, 2015 report was published on Wednesday by the All Party Parliamentary Group (APPG) for Conception to Age 2 \u2013 the First 1001 days. It\u2019s called Building Great Britons. The thrust of the report is similar to Early Intervention: Good Parents, Great Kids, Better Citizens (2008) and Early Intervention: The Next Steps (2011) from MPs Graham Allen and Iain Duncan Smith. Building Great Britons sets out a policy framework aimed at preventing the social problems believed to originate in adverse experiences between conception and a child\u2019s second birthday. Breaking the cycle The conceptual model underpinning the report is a familiar one. Neglect, maltreatment and insecure relationships in early childhood are assumed to be a primary cause of mental health problems and antisocial and criminal behaviour. Parents who had such experiences during childhood tend to adopt the same child-rearing strategies as their parents, setting up a damaging (and costly) self-perpetuating intergenerational cycle. Like the Early Intervention reports, Building Great Britons argues that preventing child neglect, maltreatment and insecure attachment will save money and result in a flourishing society due to the emergence of well-rounded citizens who are \u201cphysically and mentally healthy, well educated, empathic, prosocial, hardworking and contributing to the costs of society\u201d (p.3). As Tim Loughton, Co-Chair of the says \u201cthe economic value of breaking these cycles will be enormous\u201d (p.4). \u201cThis\u201d it\u2019s claimed, \u201cis not \u2018rocket science.\u2019 Technically it is \u2018neuro-science\u2019\u201d (p.3). The basis for that claim seems to reside in repeated references to brain development, although there\u2019s no detail about how brain development is involved. The association between early adverse moving on from bowlby theories about child development Close and accept Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use. To find out more, including how to control cookies, see here: Cookie Policy 2/17/25, 12:27 graham allen | moving on from bowlby 1/33 experiences and long-term unwanted outcomes is well established, but there are some problems with the model. what causes what? The first is that just because two things are correlated, it\u2019s not safe to assume that one causes the other. They might both be caused by something else, or be totally unrelated. So parents might neglect, maltreat or form poor attachments with their children because their parents did, or because the family has a genetic predisposition towards severe post-natal depression, or because they are grappling with challenging life circumstances. multiple causes The second problem is that even if we could predict with certainty that all neglected, maltreated, chaotically attached children will develop mental health problems or anti-social behaviour in later life, the causal chain doesn\u2019t always hold in the opposite direction because mental health problems and anti-social behaviour have other causes such as poor physical health, adverse life events or peer pressure. looking back vs looking forward third problem is that retrospective surveys linking adverse childhood experience with later health and social problems, such as the study referred to in Building Great Britons (p.14), tend to rely on self-reports \u2013 not always the most reliable sources of information, especially about early life. Prospective assessments that track children through their life course such as the Dunedin and Cambridge studies tend to be more reliable. They have also found correlations between adverse childhood experiences and problems in later life but that the emerging patterns are quite complex. When reading through the research findings was struck by how often researchers expressed surprise at the frequency of adverse childhood experiences. The study was prompted by the unexpectedly high incidence of sexual abuse in childhood reported by people dropping out of a weight loss programme. The Dunedin study began as a small-scale follow-up assessment of perinatal risk. Its scope was broadened after researchers found a higher incidence than they expected of accidental injury and impairments to sensory function, development and behaviour in 4/5 year olds. The implication wasn\u2019t that the children had been neglected or maltreated (although some might have been), but that developmental impairments in the general population were more frequent than had been previously thought. children with disabilities: noticeable by their absence This brings me to a glaring omission in Building Great Britons. One group of children is especially susceptible to social, emotional and behavioural problems and is at increased risk of poor physical and mental health in later life. They are children with disabilities. But the only mention of disability that could find in Building Great Britons was of children with Foetal Alcohol Syndrome, caused by a mother\u2019s excessive alcohol intake during pregnancy. Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use. To find out more, including how to control cookies, see here: Cookie Policy 2/17/25, 12:27 graham allen | moving on from bowlby 2/33 Childhood disabilities can be caused by neglect or maltreatment but they can also be caused by factors such as; \u2022 inherited genetic conditions \u2022 spontaneous genetic variations at or before conception \u2022 mother\u2019s illness during pregnancy \u2022 environmental damage during gestation (e.g. exposure to toxins) \u2022 childhood infections \u2022 accidental injury. Whether you think disability is caused by a \u2018functional impairment\u2019 or by the way society responds to that functional impairment, for administrative and legal purposes a clear-cut distinction is usually made between someone who\u2019s deemed disabled and someone who isn\u2019t. But from a biological perspective the boundary is rather blurred. As the Dunedin study found, a significant proportion of children has some sort of developmental impairment; currently in the it\u2019s 15%. In the UK, only 6% of children are classified as disabled, but that figure rises with age. Around 16% of the working- age population has a disability. Not all disabilities are obvious, and some are difficult to detect. The average age at which autism is diagnosed, for example, is 5.5 years, and diagnosis is often much later than that. Autistic children have unusual attachment patterns and autism is so frequently confused with attachment disorder that Heather Moran, a consultant clinical psychologist, devised the Coventry Grid to help professionals distinguish between them. There\u2019s little doubt that neglect, maltreatment or poor attachment in childhood can, and does, lead to social, emotional and behavioural problems and to impaired physical and mental health. But what Building Great Britons does is to frame the causes of those problems solely in terms of neglect, maltreatment or poor attachment, and more specifically in terms of the \u2018troubled families\u2019 who are deemed to be the source of these societal ills (pp.3-4). When was delving into the thinking behind the Early Intervention reports asked a few researchers who\u2019d been actively involved how some obviously erroneous claims about brain function had crept in. None had had a say in the final content of the reports, but one told me that it was sometimes necessary to present data in a way that was most likely to persuade government to come up with funding take his point; but couldn\u2019t see how that justified presenting the data in a way that was misleading. What the data on social, emotional, behavioural, physical and mental health problems tell us is that children by definition are vulnerable, and parenting by definition is challenging. They also tell us that we are all, at all times, at risk from unforseen life events that could trigger social, emotional, behavioural, physical or mental health problems that result in us needing help from the community. That\u2019s why in the developed world we have education, health and social care services. It\u2019s true that a minority of families cause a disproportionate number of problems, for themselves and others. There are good reasons why early intervention is appropriate for them. But because all Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use. To find out more, including how to control cookies, see here: Cookie Policy 2/17/25, 12:27 graham allen | moving on from bowlby 3/33 children are vulnerable and all parenting is challenging, there are good reasons why early intervention should be available to all families. We shouldn\u2019t have to justify it in terms of \u2018good citizenship\u2019 or the financial costs for \u2018society\u2019 \u2013 which at one time we were told didn\u2019t exist. Nor should reports produced by Members of Parliament about vulnerable children and challenged parents look right past one of the most vulnerable groups of children and one of the most challenged groups of parents. In the total of 351 pages that make up the two Early Intervention reports and Building Great Britons, childhood disability is mentioned, in passing, only five times \u2013 and three of those references are to Foetal Alcohol Syndrome. When contacted @first1001days, the Twitter account for to point out the omission got a prompt response inviting me to write some supplementary material. Within an hour, another parent and had responded with a paragraph summarising the main issues, and notified @first1001days wasn\u2019t surprised not to get an immediate reply, as the report was being launched that morning. But we\u2019re still waiting\u2026 Disabled people are still invisible, it seems. Posted in abuse and neglect, attachment, brain development, early intervention, social policy | Tagged 1001 days, attachment, children with disabilities, correlation and causality, dunedin study, early intervention, graham allen, iain duncan smith | Leave a reply Bruce Perry on nature, nurture and neglect Posted on November 11, 2012 Bruce Perry is an internationally recognised authority on child trauma, and, like Allan Schore, is frequently cited in the child development and child protection literature. In this post look at Perry\u2019s paper \u201cChildhood Experience and the Expression of Genetic Potential: What Childhood Neglect Tells Us About Nature and Nurture\u201d. I\u2019ve chosen this paper because it tackles the nature/nurture issue head-on and also because it\u2019s the source of the cover illustration for Graham Allen\u2019s Early Intervention: The Next Steps. (The illustration also appears in a recent article in The Telegraph.) On first reading found Perry\u2019s paper slightly disconcerting due to its variable style. The opening section gets quite lyrical; \u201cAre we born evil \u2013 natural born killers or the most creative and compassionate of all animals? Are we both? Does our best and our worst come from our genes or from our learning? Nature or nurture?\u201d (p.80) and Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use. To find out more, including how to control cookies, see here: Cookie Policy 2/17/25, 12:27 graham allen | moving on from bowlby 4/33 \u201cHumankind\u2019s transient but magnificent rebellion against nature is allowed by the brain\u201d (p.81). That\u2019s followed by a densely factual account of brain development and function, a brief review of historical studies of infant neglect, a detailed account of a study co-authored by Perry involving brain scans and finally a highly speculative section on socio-emotional growth derived from the concept of attachment. Stylistic issues aside, my first problem with this paper was that Perry frames human survival primarily in terms of social relationships. Survival and instinctive behaviours Although, oddly, Perry doesn\u2019t actually mention Bowlby in this paper, he begins with what\u2019s essentially an expansion on Bowlby\u2019s environment of adaptedness ; \u201cThree key brain-mediated capabilities must be present for our species to survive: individual survival, procreation and the protection and nurturing of dependents. Failure in any of these three areas would lead to extinction of our species. The brain, therefore, has crucial neural systems dedicated to (1) the stress response and responding to threats \u2013 from internal and external sources; (2) the process of mate selection and reproduction and (3) protecting and nurturing dependents, primarily the young.\u201d (p.81) My reservation about this claim is that although Perry is right about the three capabilities, the first \u2013 individual survival \u2013 doesn\u2019t map directly onto (1), a neural system dedicated to a stress response, because survival requires more than just a response to threat. It also requires the ability to find food and shelter, for example suppose the reflexes that underlie rooting, suckling, foraging, hunting and nest-building (used by many species for their sleeping arrangements) could at a stretch be classified as responses to threat (of starvation, predation or hypothermia), but these behaviours come into play in order to avert threat, rather than as a response to it. Not only are they not responses to stresses or direct threats, but stresses or threats usually disrupt them. In addition of course, the brain has \u2018crucial neural systems\u2019 dedicated to many functions other than the three listed. Perry then goes on; \u201cThe primary strategy we use to meet these objectives is to create relationships. Relationships which allow us to attach, affiliate, communicate and interact to promote survival, procreation and the protection of dependents. It is the brain that allows humans to form the relationships which connect us \u2013 one to another \u2013 creating the myriad groups \u2013 that have been the key to our success on this planet.\u201d (p.81) Creating relationships has certainly been an important factor in our ecological \u2018success\u2019 but whether it is the primary strategy is debatable. Our problem-solving capability and language have been also been crucial, demonstrated by the fact that human beings have been more successful, than say, chimpanzees, who are social primates par excellence. So although wouldn\u2019t dispute Perry\u2019s conclusion that Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use. To find out more, including how to control cookies, see here: Cookie Policy 2/17/25, 12:27 graham allen | moving on from bowlby 5/33 \u201c\u2026 some of the most powerful and complex neural systems in the human are dedicated to social affiliation and communication.\u201d (p.81 get the impression that he sees human ecological success in terms of social affiliation and communication, rather than social affiliation and communication being two factors that contribute to human ecological success. The nature of Perry\u2019s model might explain the absence of a detailed discussion of the role of genetic factors in development. Normal and abnormal: genetic variation The next section of the paper consists of an excellent summary of brain development and function, listing eight key processes. My one reservation is about Perry\u2019s conclusion. He says: \u201cThe eight key neurodevelopmental processes described above are dependent upon the genome and environmentally-determined microenvironmental cues \u2026. Disruption of the pattern, timing or intensity of these cues can lead to abnormal neurodevelopment and profound dysfunction.\u201d (p.85) What bothered me was the implicit assumption that there is such a thing as \u2018normal\u2019 neurodevelopment. In a large population, the measures of many characteristics, such as height or weight, fall into a \u2018normal\u2019 distribution \u2013 when represented as a graph, they form a bell-shaped curve. The majority of individuals cluster around the middle of the curve \u2013 the 50th percentile. In the case of head circumference (the measure Perry uses in cases of neglect), as head size increases above or decreases below the 50th percentile, fewer and fewer individuals have those larger or smaller head sizes. With regard to measures used in medicine, approximately 95% of the population is generally considered to form the \u2018normal range\u2019. So around 2.5% of the population with the smallest head sizes and around 2.5% with the largest head sizes are considered to have \u2018abnormal\u2019 head sizes, but in a statistical sense only \u2013 it doesn\u2019t mean there\u2019s necessarily anything wrong with the individuals concerned. normal distribution \u2014 Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use. To find out more, including how to control cookies, see here: Cookie Policy 2/17/25, 12:27 graham allen | moving on from bowlby 6/33 The bell-shaped curve reflects the range of genetic and environmental factors that contribute to differences between individuals think Perry\u2019s (and Bowlby\u2019s and Schore\u2019s) omission of a discussion about genetic variation between individuals is significant. It\u2019s especially significant in Perry\u2019s case, since his paper claims to be about genetic potential. Each of these authors appears to employ a model of genetic development similar to the one popular during the early days of genetic research \u2013 of an unfolding species-specific genetic blueprint. For example, Perry says; \u201cSensitive periods are different for each brain area and neural system, and therefore, for different functions. The sequential development of the brain and the sequential unfolding of the genetic map for development mean that the sensitive periods for neural system [sic] (and the functions they mediate) will be when that system is in the developmental \u2018hot zone\u2019 \u2013 when that area is most actively organizing.\u201d (p.88, my emphasis) which means that; \u201cThe simple and unavoidable conclusion of these neurodevelopmental principles is that the organizing, sensitive brain of an infant or young child is more malleable to experience than a mature brain. While experience may alter the behavior of an adult, experience literally provides the organizing framework for an infant and child. Because the brain is most plastic (receptive to environmental input) in early childhood, the child is most vulnerable to variance of experience during this time.\u201d (p.88) Although at one level Perry\u2019s conclusion is correct, he doesn\u2019t mention that individual variations in genetic endowment are also involved in neural development get the impression that he sees human genetic endowment as standard issue (any exceptions being immediately obvious), so that as a general rule experience alone provides the organizing framework for brain development. This isn\u2019t the case, of course. Deletions, insertions and duplications of genetic material, both inherited and occurring spontaneously between generations, combined with epigenetic changes (the environment acting on genetic expression) that can also be inherited, result in each individual being genetically as well as environmentally unique. This means that the only way one can safely use the term \u2018abnormal\u2019 in relation to development is in a statistical sense \u2013 in terms of the normal range for any particular characteristic. But Perry\u2019s paper isn\u2019t about genetic endowment, it\u2019s about genetic potential. Genetic potential Perry explains genetic potential like this; \u201cGenes are designed to work in an environment. Genes are expressed by microenvironmental cues, which, in turn, are influenced by the experiences of the individual. How an individual functions within an environment, then, is dependent upon the expression of a unique combination of genes available to the human species. We don\u2019t have the genes to make wings. And what we become depends upon how experiences shape the expression \u2013 or not \u2013 of specific genes we do have. For thousands of years, the genetic potential to use \u201cjoysticks\u201d was not expressed \u2013 nor that Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use. To find out more, including how to control cookies, see here: Cookie Policy 2/17/25, 12:27 graham allen | moving on from bowlby 7/33 for written language or reading. Yet when experiences are provided in a structured, patterned and appropriately timed way, that potential can be expressed and neural systems which mediate all of those functions will develop.\u201d(p.86; Perry\u2019s emphasis) There are several ambiguities in this paragraph; notably about genetic design and genetic expression and potential. Firstly, as far as I\u2019m aware, there\u2019s no evidence that genes are designed to do anything. Genes are molecular units that behave in certain ways in the presence of other molecular units or in certain chemical and physical microenvironments. How an individual functions in response to those microenvironments is dependent not upon the expression of a unique combination of genes available to the human species, but to the individual human being. Genetic endowment alone, regardless of environment, can, for example, result in a failed conception, a miscarriage or an individual born with \u2018profound dysfunction\u2019. Secondly, the term genetic expression usually refers to the chemical (in most cases a protein) that\u2019s produced using information from a gene; using the term \u2018genetic expression\u2019 in relation to broader human potential is feel, a bit confusing. Being able to read, write or use joysticks aren\u2019t abilities encoded in our genes, they are affordances\u2013 a range of things we have the potential to do as a consequence of genetic expression. Normal and abnormal: environmental variation Perry points out that animals raised in enriched environments have been found to have larger, more complex and functionally more flexible brains than those raised in more deprived environments, and that animals raised in the wild tend to have larger brains than their domesticated offspring. He concludes; \u201cIt is plausible, however, that abnormal microenvironmental cues and atypical patterns of neural activity during sensitive periods in humans could result in malorganization and compromised function in a host of brain-mediated functions. Indeed, altered emotional, behavioral, cognitive, social and physical functioning has been demonstrated in humans following specific types of neglect.\u201d (p.90) I\u2019m not convinced that Perry has fully thought through the implications of what he considers to be \u2018normal\u2019 and \u2018abnormal\u2019 microenvironmental cues. Perry clearly approves of the hunter-gatherer lifestyle \u2013 or at least the social aspects of it; \u201cThe genetic potential for healthy socio-emotional functioning \u2013 to be empathic, to share, to invest in the welfare of the community \u2013 is better expressed in children living in hunter-gatherer bands or extended families or close-knit communities in comparison with our compartmentalized modern world.\u201d (p.96) And he disapproves of aspects of the modern developed world, questioning the size of households, the amount of television we watch and the way our children are segregated from Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use. To find out more, including how to control cookies, see here: Cookie Policy 2/17/25, 12:27 graham allen | moving on from bowlby 8/33 adults in schools (p.96). What Perry fails to recognize feel, is that lifestyle isn\u2019t necessarily based on free choice. Nor does he recognize that something that\u2019s beneficial in some respects might be damaging in others. Children raised in hunter-gatherer communities are essentially brought up in \u2018the wild\u2019. Animals and humans raised in the wild are at high risk of death from starvation, injury or disease, so we would expect their brains to reflect such an \u2018enriched\u2019 environment because of the constant need to be on the alert for risk factors. Domesticated animals (and humans) clearly don\u2019t face the same challenges, so we\u2019d expect their brains to reflect that difference. It doesn\u2019t follow, of course, that an animal kept confined in a concrete pen, or a neglected child, is better off than a member of its species engaged in hunting and foraging. But hunter-gatherer communities have no choice about living in large groups, because nuclear family units wouldn\u2019t have the resources to ensure a constant food supply or protection from attack. That doesn\u2019t mean a high risk of starvation, injury or disease is a good thing, nor does it mean that people are necessarily happier when living in close proximity to large numbers of other people. One has only to read the Old Testament to learn some salutary lessons about how extended families can malfunction don\u2019t think it\u2019s any coincidence that when they\u2019ve had the option, many families have chosen to live as nuclear units. Perry clearly doesn\u2019t think that a high risk of starvation, injury or disease is beneficial to children\u2019s development, and despite his doubts about \u2018electronic activities\u2019 (p.97) believes that some modern technologies (reading, writing and joysticks) are benign. In short, he picks and chooses which aspects of modern life he considers to be damaging, but doesn\u2019t provide a coherent explanation as to why. Suggesting that it\u2019s because we\u2019ve departed from a hunter-gatherer lifestyle doesn\u2019t hold water, because there are aspects of hunter-gatherer lifestyles that Perry would object to think he needs to clarify what he means by \u2018abnormal microenvironmental cues\u2019, \u2018atypical patterns of neural activity\u2019 and \u2018altered emotional, behavioral, cognitive, social and physical functioning\u2019 \u2013 altered from what, exactly? What does he consider to be the norm and why? Neglect Following his discussion of neurodevelopment, Perry introduces the topic of neglect, which he defines as \u2018the absence of critical organizing experiences at key times during development\u2019(p.88). He then considers two forms of neglect, one involving sensory deprivation and the other affecting the development of socio-emotional potential. \u201cTwo forms of \u201cneglect\u201d will be considered below: extreme multi-sensory neglect in childhood and a more subtle, insidious decrease in our opportunities to elaborate our socio-emotional potential caused by the sociocultural changes in how we choose to live. The sensory deprivation neglect results in obvious alterations in neurobiology and function while the second form has an almost invisible toxic impact on the developing child \u2013 and ultimately, society.\u201d (p.88) Perry claims that neglect has \u2013 ironically \u2013 been neglected by researchers mainly because it\u2019s difficult to \u201csee\u201d, citing specifically emotional neglect (p.88) and the importance of touch in early development and referring to Rene Spitz\u2019 work with institutionalized infants (p.89 wouldn\u2019t Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use. To find out more, including how to control cookies, see here: Cookie Policy 2/17/25, 12:27 graham allen | moving on from bowlby 9/33 dispute that emotional neglect is harmful, nor that tactile experience is important for the development of proprioceptive and motor function, but, as far as recall, Spitz (and Harlow with his baby monkeys) made some assumptions about what was missing from the environment of the deprived infants. In addition to emotional engagement and tactile deprivation, there were clearly questions over the adequacy of nutrition \u2013 vitamin levels, for example \u2013 and precisely what sensory stimuli were absent. Spitz\u2019 children would have been very susceptible to viral infections, also difficult to \u201csee\u201d. For example, Spitz (1957) describes deprived children rotating their heads around the sagittal axis (i.e. from side to side) and interprets this movement as the children using a universal human signifier for \u2018no\u2019 \u2013 despite the fact that head-shaking isn\u2019t a universal human signifier for \u2018no\u2019 and that it can result from middle ear infections (common in infants, especially if they are supine for long periods) or from impaired development of the cerebellum. The outcomes of neglect Perry then moves on to clinical findings in relation to neglect and presents the results from a study he co-authored comparing children subjected to different types of neglect. To summarise, institutionalized and neglected children tend to show low IQs, developmental delays and small head size. This developmental trend is reversed when children are placed in good foster homes or adopted, younger children making better progress than older ones. Perry\u2019s investigation of head size leads him to conclude that neglect results in impaired brain development and he supports this conclusion by referring to evidence from brain scans. Perry and Pollard (1997) investigated four groups of children; \u201cGlobal Neglect (GN; n = 40); Global Neglect with Prenatal Drug Exposure (GN+PND; n = 18); Chaotic Neglect (CN; n = 36); Chaotic Neglect with Prenatal Drug Exposure (CN+PND; n = 28). Measures of growth were compared across group [sic] and compared to standard norms developed and used in all major pediatric settings\u201d. (p.92) Global neglect is defined by \u201ca history of relative sensory deprivation in more than one domain (e.g., minimal exposure to language, touch and social interactions)\u201d and chaotic neglect as \u201cfar more common and was considered present if history was obtained that was consistent with physical, emotional, social or cognitive neglect.\u201d (p.92) Perry and Pollard found that for the global neglect group, the mean head circumference was below the 5th percentile, but such a dramatic variation from the norm wasn\u2019t seen in the chaotic neglect group. For the global neglect group, 17 or scans were available \u2013 11 of them were judged \u2018abnormal\u2019 by neuroradiologists. 26 scans were available for the chaotic neglect group, but only 3 were judged \u2018abnormal\u2019. Unanswered questions The material on clinical and neurobiological findings raises many unanswered questions. Why were the children in institutions? Were their parents dead, ill or did they lack the resources or ability to care for their children? Were genetic or physiological causes for the children\u2019s poor Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use. To find out more, including how to control cookies, see here: Cookie Policy 2/17/25, 12:27 graham allen | moving on from bowlby 10/33 development ruled out? Why were children neglected at home? What specific factors necessary for healthy development were absent? Why were and scans available? Had brain damage or a medical condition been previously suspected? Until these questions are answered, all that Perry\u2019s data can tell us is that specific groups of children, raised in specific conditions (characterized by unspecified inadequacies), showed delayed or abnormal development. All we have is a correlation between neglect and poor development. We don\u2019t know if the neglect caused the poor development, or if it did, which elements of the neglect caused what developmental deficits. But Perry doesn\u2019t identify precisely which sensory domains were neglected or how, or what aspects of physical, emotional, social or cognitive input were missing. Specifying the components of neglect isn\u2019t important if you\u2019re interested only in the degree of neglect, but it becomes very important if you\u2019re mapping neglect onto brain abnormalities or want to compensate for specific factors that might have been absent in early development. Brain abnormalities What Perry does tell us is that two particular brain anomalies were identified from the and scans; enlarged ventricles or cortical atrophy. (You can see abnormalities of the ventricles and cortex in the right-hand image of Perry\u2019s Figure 1, below.) The ventricles are spaces in the brain that join up with the central canal of the spinal cord and are filled with cerebro-spinal fluid. The lateral ventricles are visible in the centre of the scan images. Cortical atrophy means that the cortex of the brain has shrunk, usually due to the degeneration of cells. Perry\u2019s Figure 1 \u2014 Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use. To find out more, including how to control cookies, see here: Cookie Policy 2/17/25, 12:27 graham allen | moving on from bowlby 11/33 It\u2019s possible that the neglect experienced by the children resulted in these two brain anomalies; but there are other possible causes. Enlarged ventricles occur in around 1% of pregnancies for a variety of reasons, unlikely to be due to global or chaotic neglect as defined by Perry, but he doesn\u2019t mention the possibility of enlarged ventricles occurring prenatally. Perry and Pollard\u2019s data indicate that the globally neglected children also showed low height and weight, and the authors do mention that nutrition might be involved. Cortical atrophy can also have a variety of medical causes. In short, although neglect is a possible cause, it\u2019s only one of several possibilities. Support for the hypothesis that neglect rather than genetic make up or medical conditions caused the brain abnormalities comes from the finding that a year after neglected children were placed in foster care, head size had increased, the increase being inversely correlated with the child\u2019s age (younger children showed greater increases). Even so, in the Perry and Pollard study the youngest children\u2019s head size was still below the 30th percentile \u2013 we aren\u2019t told whether the youngest children eventually \u2018caught up\u2019 with their non-neglected peers and we don\u2019t know whether the children would have had small heads regardless of whether or not they were neglected. In addition, the head circumference data are presented as means \u2013 we aren\u2019t told the range of measurements involved for each age range. It could be that the group mean is artificially high because one child\u2019s head size increased significantly, or artificially low because one child\u2019s head size remained small. Although some parts of Perry\u2019s paper are very useful \u2013 the sections on brain development and the summary of the history of child neglect research, for example \u2013 in general found it frustrating, for three reasons. These are that Perry conflates correlation with causality, fails to take adequately take into account individual variations and doesn\u2019t define neglect with sufficient accuracy. Correlation and causality Running through this paper is an implicit assumption that if that neglect is associated with developmental and brain abnormalities, those abnormalities must be caused by neglect. This is a basic error of data analysis. Although it\u2019s likely that neglect causes developmental problems \u2013 otherwise it wouldn\u2019t be called \u2018neglect\u2019 \u2013 it\u2019s impossible to tell from Perry\u2019s data whether; \u2022 neglect caused the brain abnormalities \u2022 the brain abnormalities caused the neglect (if the brain abnormalities were also present in parents or neglect was a response to the children\u2019s behaviour) \u2022 there were other causes for the abnormalities, or \u2022 which components of neglect were responsible for which brain abnormalities. Individual variation Perry doesn\u2019t seem to take individual variation into account; in his Figure 1 he compares a neglected brain on the 3rd percentile with a non-neglected one on the 50th percentile, when a comparison with a 3rd percentile non-neglected brain would probably have been more informative. And his graph of the increase in head-size when children of different ages are fostered, presents mean values for each age group rather than the range of head sizes for each group. Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use. To find out more, including how to control cookies, see here: Cookie Policy 2/17/25, 12:27 graham allen | moving on from bowlby 12/33 Defining neglect There\u2019s no question that children need certain conditions for healthy development nutritious balanced diet, fresh air, exercise and sunlight, a stimulating environment and consistent, caring stable relationships suggest themselves. The absence of any of these factors can cause deficits in development \u2013 the child might not reach their genetic potential as Perry suggests. But apart from making a distinction between extreme (global) neglect and more common (chaotic) neglect, Perry doesn\u2019t discriminate between the different components of neglect and their possible effects. It\u2019s important that we know what components of neglect have what outcomes because if we don\u2019t, whether or not a child has been \u2018neglected\u2019 ends up being a matter of personal judgement. In his closing section, for example, Perry suggests that living in small social units and watching several hours of television a day is detrimental. He\u2019s entitled to his view of course, but provides no evidence to support his claim, apart from pointing out the decline in the number of people who vote in Presidential elections (p.97). Why Perry\u2019s paper worries me What worries me about Perry\u2019s paper is that, despite its weaknesses, because it\u2019s relevant to a highly specialised domain, it\u2019s unlikely to be read by the geneticists and the evolutionary, developmental and molecular biologists who are in a position to critique it. Perry\u2019s work has been cited, uncritically, in a number of policy documents. His argument in this paper is superficially plausible because, like Bowlby, he constructs it by juxtaposing several indisputable ideas (e.g. human lifestyles have changed, children are developing, neglect can be harmful) but the definitions of underlying concepts and the causal links between them, by contrast, are rather tenuous. But a busy social worker, school nurse, health visitor or even doctor, is quite likely not to notice the weaknesses in the definitions or causal links. Perry\u2019s paper is likely to be seen as providing evidence that neglect (sometimes seen by professionals as synonymous with parenting strategies of which they personally disapprove) causes abnormal brain development. Or worse, that abnormal brain development will be assumed to be caused by neglect, rather than by one or more of many possible causes. References Perry, B.D. and Pollard, D. (1997). \u201cAltered brain development following global neglect in early childhood\u201d. Society For Neuroscience: Proceedings from Annual Meeting, New Orleans. Spitz, R.A. (1957). No and yes : on the genesis of human communication. New York : International Universities Press. Normal distribution curve from: Posted in abuse and neglect, brain development | Tagged brain development, brain scan, bruce perry, graham allen, john bowlby, neglect, normal distribution | 3 Replies Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use. To find out more, including how to control cookies, see here: Cookie Policy 2/17/25, 12:27 graham allen | moving on from bowlby 13/33 the big picture: do mothers cause social problems? Posted on July 24, 2012 I\u2019ve suggested Allen and Duncan Smith\u2019s understanding of brain development and of data from large-scale studies isn\u2019t as good as it might be. So what? The role of evidence It\u2019s not clear why Allen and Duncan Smith feel compelled to use evidence from brain development to shore up their case for early intervention. We already know that maltreatment, neglect and poor attachment cause problems, often lasting ones; that\u2019s why they\u2019re called \u2018maltreatment\u2019, \u2018neglect\u2019 and \u2018poor\u2019 attachment. We\u2019ve known for millennia that early intervention in children\u2019s lives is more effective than late intervention. We can also demonstrate the effectiveness of an intervention without knowing how it works. The use of brain development as evidence is especially puzzling since Allen and Duncan Smith clearly don\u2019t understand it well, and because people who understand it better suggest that the evidence linking maltreatment, neglect and attachment to abnormal brain development is still rather tenuous e.g. De Bellis (2005); Glaser (2000). Basing one\u2019s case on unreliable evidence runs the risk of defeating one\u2019s own aims. Correlation and causality Allen and Duncan Smith rely heavily on correlations to support their model. If I\u2019ve understood it properly their model looks something like this: Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use. To find out more, including how to control cookies, see here: Cookie Policy 2/17/25, 12:27 graham allen | moving on from bowlby 14/33 But all the causal connections implied in the model rely on correlations. Assuming that correlated variables must be causally linked \u2013 ie that one causes another \u2013 is a basic error in data analysis. It\u2019s not the first time the Centre for Social Justice has made this mistake. Their paper on marriage published in December 2009, assumes that correlations between marriage and length of relationship, mental and physical health, violence and abuse and outcomes for children, mean that marriage itself results in more stable relationships, improved mental and physical health and a reduction in violence and abuse. Not that non-violent couples in stable relationships, with adequate parenting skills, who enjoy good mental and physical health might be more likely to get married and to stay together. As with the brain development data it\u2019s clear that the error has been made by the authors of the reports, rather than in the research on which the reports are based. In order to change behaviour it\u2019s essential to identify its causes accurately. The causes of social problems name that keeps cropping up in the child development literature is that of Urie Bronfenbrenner, a psychologist renowned for his Ecological Systems Theory of child development, often depicted as a set of concentric circles representing nested systems as shown below. Allen and Duncan Smith early intervention model \u2014 Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use. To find out more, including how to control cookies, see here: Cookie Policy 2/17/25, 12:27 graham allen | moving on from bowlby 15/33 The point made by Bronfenbrenner\u2019s ecological systems model is that many external factors at different levels of complexity interact to influence a child\u2019s development. The same point is made by Mareschal et al\u2019s neuroconstructivist model, except that they include factors internal to the child (genetic, epigenetic and behavioural). In the diagram below I\u2019ve integrated the neuroconstructivist framework with Bronfenbrenner\u2019s and Allen\u2019s and Duncan Smith\u2019s models, taken a cross-section, and highlighted Allen and Duncan Smith\u2019s causal pathway in red. Even though the diagram is sketchy (I\u2019ve omitted many factors and their possible links to outcomes), it\u2019s clear that Allen and Duncan Smith\u2019s model of the links between poor attachment and social problems is a narrow one. Although there is little doubt that low levels of maternal \u2018attunement\u2019 and \u2018empathy\u2019 could result in the social problems referred to, there are clearly many other factors that could also cause them, not taken into account by Allen and Duncan Smith. external ecological systems affecting child development (after Bronfenbrenner) \u2014 Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use. To find out more, including how to control cookies, see here: Cookie Policy 2/17/25, 12:27 graham allen | moving on from bowlby 16/33 Of course there\u2019s no reason why government shouldn\u2019t focus on one particular cause of social problems. After all, water purification, sewage treatment, education, free healthcare and democracy have each resulted in major improvements to quality of life. The difference is that the evidence demonstrating the adverse effects from drinking polluted water, lack of access to sanitation, education, healthcare and living under an authoritarian regime, is robust. The evidence demonstrating a causal pathway between poor attachment, brain abnormalities and an array of \u2018social problems\u2019, isn\u2019t. Blaming the parents Decades of research have demonstrated that the causes of Allen and Duncan Smith\u2019s \u2018social problems\u2019 are many, varied and often interact in complex ways. Identifying what interventions might be most successful in reducing social problems is a challenging task. And some potentially effective interventions, such as de-criminalising drug use or adopting alternatives to custodial sentences, are deeply unpopular politically. It\u2019s much easier, and more intuitive, to allocate the blame for social problems to factors at Bronfenbrenner\u2019s microsystems level than to tackle the complex, expensive and potentially embarrassing task of identifying possible causes at the economic, legislative or historical level. In locating the primary cause of social problems with parents \u2013 notably mothers \u2013 Allen and Duncan Smith are conveniently overlooking other possible causes at the level of the child (genetics, epigenetics, disease, diet, environmental toxins); the microsystems level (churches, schools, communities, quality of education, health and social care); integrated outline of factors affecting child development \u2014 Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use. To find out more, including how to control cookies, see here: Cookie Policy 2/17/25, 12:27 graham allen | moving on from bowlby 17/33 the exosystems level (employment, economics, legislation, government policy); the macrosystems level (cultural assumptions, global trends) and the chronosystems level (constraints and affordances that have arisen historically). Again there is no doubt that bad mothering could cause abnormal brain development and could lead to social problems, but there is considerable doubt over whether it\u2019s the main cause of either. In short, what Allen and Duncan Smith don\u2019t say is as important as what they do say. The real world is an uncompromising place Concerned about the poor quality of evidence in the chapters on the brain in these two papers contacted Graham Allen member of his research team called me back. He assured me that the material on the brain in the Allen report had been approved prior to publication by a neuroscientist, Professor contacted Professor \u2013 who incidentally isn\u2019t a neuroscientist. He said his role was to check the evidence on parenting programmes; the scientific advisor was Dr contacted Dr \u2013 also not a neuroscientist. No, he worked on the chapters on standards, what works and cost- benefit. Both Professor and Dr said they had questioned the use of the report\u2019s cover image and had pointed out that it might be counterproductive. This brings us back to the issues of expertise and use of evidence highlighted in relation to Kanner and Bettelheim. The chapter on brain development in Allen\u2019s Next Steps report doesn\u2019t appear to have been written or checked by someone with expertise in the field \u2013 despite there being a number of high profile neuroscientists with excellent international reputations working in universities in the UK. It also raises questions about the role of \u2018think tanks\u2019. Despite inevitable shortcomings, universities have acquired a reputation for producing reasonably reliable, valid research findings; that is, research findings that reflect consistently and accurately the situation in the real world. Government policies based on a rigorous analysis of reliable, valid data are likely to be effective. Unfortunately politics tends to be not so much about the real world as about beliefs about the real world. Successful political campaigning involves persuading people that you are right and that those with opposing beliefs are wrong. It doesn\u2019t matter, politically, if you haven\u2019t understood the evidence or if you\u2019ve misinterpreted the data, as long as you make a persuasive case for your policies. Of course for the people who benefit (or otherwise) from those policies, it\u2019s quite important what evidence you are using, because if the evidence doesn\u2019t reflect the situation in the real world, your policies won\u2019t work. The adult social world might be open to manipulation and compromise, but as anyone who works with children, animals or materials will tell you, the real world is a pretty uncompromising place. The increasing reliance by politicians on material from think tanks founded by, or with strong links to politicians (as is the case with both the Centre for Social Justice and the Smith Institute who jointly published Early Intervention: Good Parents, Great Kids, Better Citizens) suggests we might see increasing amounts of policy-based evidence as distinct from evidence-based policy. It remains to be seen how the real world will respond. References De Bellis, M.D. (2005). The psychobiology of neglect, Child Maltreatment, 10, 150-172. Glaser, D. (2000). Child abuse and neglect and the brain \u2013 a review, Journal of Child Psychology Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use. To find out more, including how to control cookies, see here: Cookie Policy 2/17/25, 12:27 graham allen | moving on from bowlby 18/33 and Psychiatry, 41, 97-116. Mareschal, D., Johnson, M., Sirois, S., Spratling, M.W., Thomas, M.S.C. & Westermann, G. (2007). Neuroconstructivism: How the brain constructs cognition, Oxford University Press. Posted in brain development, social policy | Tagged bronfenbrenner, centre for social justice, correlation and causality, graham allen, iain duncan smith | Leave a reply policy makers on the brain Posted on July 1, 2012 Findings from neurobiology research are presented as \u2018medical evidence\u2019 by politicians Graham Allen and Iain Duncan Smith to support their proposals for early intervention programmes for children from deprived backgrounds. Before looking in detail at what they have to say about brain development, it might be helpful if summarise my understanding of the process. It squares with the account cited by Munro here [1]; so I\u2019m assuming I\u2019m on the right track. Brain development Brain development is an outcome of the interaction between four factors [2]; \u2022 genetic \u2022 epigenetic (the impact of the environment on gene expression) \u2022 environmental (from nutrition to the behaviour of others) \u2022 behavioural (the impact of the child\u2019s own behaviour) The relative impact of the different factors varies between individuals and at different stages of development. The number, formation and location of brain cells (neurons) is almost entirely genetically determined, although it can be affected by environmental factors baby has a full complement of neurons at birth, although some neurogenesis occurs in some areas of the brain in adults. Interconnections between neurons are formed by synapses. The evidence suggests that the role of synapses in learning is essentially a three-stage process. Novel patterns of sensory input result in new synapses being formed (synaptogenesis). The number of synapses in the brain increases dramatically in the first three years after birth, running into trillions \u2013 far more than are found in adult brains. If the same patterns of sensory input are repeated, some neuronal connections are reinforced and others weakened by synapses dying off (synaptic pruning), resulting in the formation of efficient information-processing pathways. Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use. To find out more, including how to control cookies, see here: Cookie Policy 2/17/25, 12:27 graham allen | moving on from bowlby 19/33 third stage, myelination, takes place when neuronal pathways that are used repeatedly develop a fatty myelin sheath that greatly increases the speed of transmission of electrical impulses along the neurons. This makes some processes very fast and they are experienced as \u2018automatic\u2019. Learning also appears to be kick- started by genetically- controlled factors such as the underlying structure of the brain and reflex responses. Reflexes are automatic, unconscious motor responses to stimuli [3], ranging from tongue protrusion to the step- reflex that forms the basis for later walking [4]. When divides during the formation of gametes (eggs and sperm), and then recombines at conception, it is susceptible to the deletion, duplication and transposition of genetic material. Because of these genetic variations, and the impact of epigenetic factors during development, each human being is genetically unique. This means that due to genes alone, one would expect to find a wide range in abilities, behaviours and personalities across a large population. This variation would increase through interaction with environmental factors. The second chapters of the papers by Allen and Duncan Smith are about brain development and particularly about how maltreatment and neglect can affect it. Although can see what these chapters are getting at, my impression is that they include a number of misunderstandings, over- simplifications, assumptions and statements that are simply incorrect. This is a long post \u2013 I\u2019ve detailed several examples. diagram of synapse \u2014 Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use. To find out more, including how to control cookies, see here: Cookie Policy 2/17/25, 12:27 graham allen | moving on from bowlby 20/33 Early Intervention: Good Parents, Great Kids, Better Citizens 1. \u201cHuman infants arrive ready to be programmed by adults. From our first moments of life we are tuned into the facial expressions of those around us, as can be seen from the infant reflex to mimic.\u201d (p.56) Although there\u2019s no doubt that children are influenced by adults think many parents and teachers would question whether they can be \u2018programmed\u2019; if that were the case, children with good parents would consistently display exemplary behaviour. It\u2019s not clear what is meant by a \u2018reflex to mimic reflex is an automatic response to a stimulus. Mimicry (in humans) involves copying an action made by someone else. Newborns do appear to mimic some facial movements such as mouth opening and tongue protrusion, although it\u2019s not clear whether this is a reflex response (e.g. tongue protrusion occurring in response to objects moving toward the baby\u2019s face [5]) or active mimicry. In addition, there is the question of which adult behaviours children mimic, since they clearly don\u2019t mimic all of them, which suggests that mimicry isn\u2019t a reflex. Newborns are indeed tuned in to facial expressions, but whether that\u2019s because the infant visual system is good at pattern-matching and adult faces are a frequently encountered visual pattern, or whether infants have an inbuilt preference for faces is still unclear. 2. \u201cThe problem is that this wonderful advantage turns into a disadvantage when it is met by the longterm lack of positive expression on the nearest face, that of the primary caregiver. When this most basic need for a positive response is not met, and when a tiny child does not feel secure, attached and loved, the effect can be lifelong. Neuroscience can now explain why early conditions are so crucial: effectively, our brains are largely formed by what we experience in early life.\u201d pp. (56-57) This statement assumes that from the \u2018first moments of life\u2019 a baby recognizes a positive facial expression, is capable of feeling security, attachment and love, and that the absence of these feelings can have a lifelong effect. There\u2019s no doubt that what a newborn experiences affects brain development, but no evidence is cited for a basic \u2018need\u2019 in newborns for any particular facial expression or affect state. Neuroscience does not claim that \u2018our brains are largely formed by what we experience in early life\u2019. Quite the contrary; what it claims is that our brains are formed by the interaction between genetic expression and experience. In the first moments of life genetic factors are disproportionately predominant because the child has had very little experience. Graham Allen \u2014 Rt Hon Iain Duncan Smith \u2014 Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use. To find out more, including how to control cookies, see here: Cookie Policy 2/17/25, 12:27 graham allen | moving on from bowlby 21/33 3. \u201cAs synapses are also strengthened and reinforced by experience, early life defines which of them live and which die. Synapses become \u2018hard-wired\u2019, or protected, by repeated use, enabling very rapid learning via early life experience. Conversely, just as a memory will fade if it is hardly ever accessed, unused synapses wither away in what is called \u2018pruning\u2019. In computer terms what takes place is the software (programming by the caregiver) becomes the hardware (the child\u2019s fully-grown brain). The whole process has the effect of making early learned behaviour resistant to change.\u201d (p.57) If this model were correct, adults would be unable to learn anything. They wouldn\u2019t be able to correct early misconceptions because the relevant synapses would be \u2018protected\u2019, nor would they be able to develop new skills because the relevant synapses would have \u2018withered away\u2019 through early lack of use. The term \u2018hard-wired\u2019 is usually used to refer to biologically determined connections in the brain (those that don\u2019t rely on information from the environment), not to neural pathways developed via experience. Training in the armed forces and emergency services demonstrates that well-established patterns of what\u2019s normally considered instinctive behaviour (panic, aggression etc.) can be over-ridden, provided enough rehearsal of new behaviours takes place. And the Cambridge delinquency study shows that violent and aggressive behaviour in young males falls off rapidly as they get older indicating that behaviour patterns are not set in stone. In addition, the passage allocates all experience to \u2018programming by the caregiver\u2019 as if children receive no other environmental input. This might be the case for a child kept in a sound-proofed, darkened room, but for most children, however deprived, the caregiver\u2019s \u2018programming\u2019 forms only a part of the input from the environment. 4. \u201cTo summarise: scientific discoveries suggest it is nurture rather than nature that plays the lead role in creating the human personality.\u201d (p.57) What scientific discoveries actually suggest is that nature and nurture play an approximately equal role in influencing human behaviour and that their relative contributions vary throughout the lifespan. Much of the environmental variation is due to chance events in later life rather than early experience [6]. 5. \u201cThe more positive stimuli a baby is given, the more brain cells and synapses it will be able to develop\u201d. (p.57) The number of brain cells is almost completely genetically determined; neurons are not formed in response to positive stimuli and the baby has a full complement at birth. What the research suggests is that connections between brain cells (synapses) are formed in response to novel sensory information (\u2018positive\u2019 or otherwise) and are then pruned when those stimuli are repeated, to create robust pathways for processing information that is handled repeatedly. And that synaptic pruning is what is critical for making information processing efficient. People whose synapses are not pruned at the typical rate often have significant learning difficulties [7]. Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use. To find out more, including how to control cookies, see here: Cookie Policy 2/17/25, 12:27 graham allen | moving on from bowlby 22/33 6. \u201cTrauma also confuses the neurotransmitter signals that play key roles in directing the paths of growing neurons and therefore hinders brain development.\u201d (p.60) Some neurotransmitters are involved in neuronal migration but no evidence is presented as to how trauma confuses their signals or what deficits occur as a result. The primary role of neurotransmitters is to activate or inhibit neighbouring neurons across synapses. 7. \u201c To the best of current knowledge, the sensitive window for emotional sensitivity and empathy lies within the first 18 months of life, and these \u2018skills\u2019 are shaped by the prime caregiver\u201d. (p.60) This assertion appears to be based on work by Schore [8] although there is no attribution in this section. There\u2019s a debate over sensitive or critical periods; they certainly exist for basic visual and auditory processing skills, but windows for other more complex skills are less clear-cut. If there is a sensitive window for emotional development within the first 18 months of life, how is the success of emotional literacy programmes explained and how could early interventions up to the age of 3 years be effective? 8. \u201cBecause the infant\u2019s cortical and hippocampal emotional circuits require significant time and experience to mature, the child must regulate its inner world primarily through attachment relationships with primary caregivers. It accomplishes this through aligning its state of mind with that of the caregiver, by establishing a conduit of empathic attunement, functioning as an emotional umbilical chord. Babies who are healthily attached to their carer can regulate their emotions as they mature because the cortex, which exercises rational thought and control, has developed properly. However, when early conditions result in underdevelopment of the cortex, the child lacks an \u2018emotional guardian\u2019.\u201d(pp.61-62 think what this passage is trying to say is that prior to the maturation of frontal cortex which plays a significant role in controlling behaviour, infants regulate their behaviour in response to what primary caregivers do. What the passage does say is open to question. It\u2019s unclear what is meant by \u2018emotional circuits\u2019; there\u2019s no mention of the significant role of the amygdala in emotional processing; no evidence is cited to support the idea that a child needs to \u2018regulate its inner world\u2019 as if through some form of emotional homeostasis, nor to support the idea that a child can do so only via an attachment relationship with a primary caregiver. What exactly is meant by a child \u2018aligning its state of mind\u2019 or \u2018a conduit of empathetic attunement\u2019 isn\u2019t clear. 9. \u201cFollowing a 10-year immersion in thousands of scientific papers on neurobiology, psychology and infant development, Alan Schore concluded: \u2018The child\u2019s first relationship, the one with the mother, acts as a template that permanently moulds the individual\u2019s capacity to enter into all later emotional relationships\u2019 We glimpse this in the way small children look to a parent\u2019s facial expressions and other non- verbal signals to determine how to respond (and feel) in a strange or ambiguous situation.\u201d (p.62) Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use. To find out more, including how to control cookies, see here: Cookie Policy 2/17/25, 12:27 graham allen | moving on from bowlby 23/33 Dr Schore has done some impressive work on brain development and emotion, but this statement doesn\u2019t reflect the wide range of factors known to impact on emotional relationships. In fact, all the neurobiological findings cited in Early Intervention: Good Parents, Great Kids, Better Citizens appear to have been filtered through a psychodynamic model of child development, notably attachment theory. The paper also relies heavily on a small number of sources; Bruce Perry, for example, gets 17 mentions (and 11 in Early Intervention: The Next Steps). It\u2019s difficult to avoid the impression that the paper started out with a thesis and then selected evidence to support it. Now for; Early Intervention: The Next Steps 10. The cover image The caption for this image says the right hand scan is from a series of three children, but the original source (a paper by Bruce Perry) [9] says it\u2019s from one child in a group of 40 identified as having suffered global neglect (defined as \u2018relative sensory deprivation in more than one domain\u2026e.g. minimal exposure to language, touch and social interactions or scans were available for 17 of those children, of which 11 were deemed abnormal. It isn\u2019t clear what variation there was within the group, or whether possible genetic causes or environmental causes other than sensory deprivation were investigated. Perry\u2019s team found \u2018dramatic differences\u2019 from the average in head circumference. There was \u2018some recovery of function and relative brain-size\u2019 after a year in foster care. There were no marked differences between neglected and control groups in the much more common \u2018chaotic neglect\u2019 (physical, emotional, social or cognitive don\u2019t doubt that children with minimal exposure to language, touch and social interactions have brains that differ from the norm, nor that they improve in foster care. However, Perry\u2019s analysis raises a number of questions. Healthy, non-neglected children don\u2019t have identical brains (the healthy brain was on the 50th percentile), so why not compare the neglected brain with one at the lower end of the normal range? What type of neglect had the child suffered? Were genetic disorders taken into account? Or diet? Or disease? Does the rate of increase of head circumference change with age? Does it vary between individuals? Although striking, all this particular image actually tells us is that one child who suffered global neglect also had abnormal brain development. Cover image from \u201cEarly intervention: The next steps\u201d \u2014 Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use. To find out more, including how to control cookies, see here: Cookie Policy 2/17/25, 12:27 graham allen | moving on from bowlby 24/33 11. \u201cOur responses to situations are not pre-set at birth. The nature/nurture debate has moved on, as was demonstrated in \u2018Early Intervention: Good Parents, Great Kids, Better Citizens\u2019.\u201d (p.13) The nature/nurture debate has indeed moved on, but not quite in the way Good Parents, Great Kids, Better Citizens thinks. See point 3 above. 12. \u201c Children are born with an instinct to engage socially and emotionally, especially with their mothers. They communicate with the voice, face and hands. They express a curiosity about both the world and their need for comfort and security.\u201d (p. 14) See points 1 & 2 above. 13. \u201cRecent research also shows insecure attachment is linked to a higher risk for a number of health conditions, including strokes, heart attacks and high blood pressure, and suffering pain, for example from headaches and arthritis. Secure attachment was not linked to any health problems that have been studied.\u201d (p.15) The validity of attachment theory appears to have been accepted without question. Like many constructs used in psychiatry, \u2018attachment\u2019 is loosely defined and difficult to operationalise. Not all children develop patterns of attachment that fit neatly into Ainsworth\u2019s categories, nor are patterns of attachment solely determined by parental behaviour [10]. I\u2019m also concerned about the conflation of correlation with causation correlation between insecure attachment and heart disease, smoking etc. does not mean that they are necessarily linked, or even if they are, it doesn\u2019t follow that insecure attachment is the cause of heart disease, smoking or reckless driving. It could equally well be the case that inherited characteristics that predispose people to heart disease, addictions or risk-taking, via low dopamine levels for example [11], could also contribute to inadequate parenting. 14. \u201cAlthough poor parenting practices can cause damage to children of all ages, the worst and deepest damage is done to children when their brains are being formed during their earliest months and years. The most serious damage takes place before birth and during the first 18 months of life when formation of the part of the brain governing emotional development has been identified to be taking place.\u201d (p.15) The second sentence appears on p.71 of the Munro Review of Child Protection: Final Report, and is attributed to a Royal Society publication Brain Waves Module 2: Neuroscience implications for education and lifelong learning (Munro reference 95) which contains no such statement. Munro\u2019s reference 94 is to Early Intervention: The Next Steps, so the attribution is obviously a typo, but nonetheless the assertion that poor parenting causes \u2018brain damage\u2019 is presented here as a matter of fact without any supporting evidence. 15. \u201cDifferent parts of the brain (governing, for example, sight, hearing, etc) develop in different sensitive windows of time. The estimated prime window for emotional development is up to 18 Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use. To find out more, including how to control cookies, see here: Cookie Policy 2/17/25, 12:27 graham allen | moving on from bowlby 25/33 months, by which time the foundation of this has been shaped by the way in which the prime carer interacts with the child.\u201d (p.16) See point 7 above. Presumably this claim is based on the same source, but no sources are cited here. 16. \u201cInfants of severely depressed mothers show reduced left lobe activity (associated with being happy, joyful and interested) and increased right lobe activity (associated with negative feelings)19\u201d (p.16) The Dawson et al. paper (reference 19) is behind a paywall so couldn\u2019t clarify what is meant by left and right \u2018lobes\u2019 and their supposed functions. Presumably this refers to work that suggests the left and right frontal lobes respectively have specialized functions, but this isn\u2019t made clear. Nor is it clear whether the levels of activity in the \u2018lobes\u2019 is due to the mothers\u2019 depression or whether mothers and babies share biologically inherited activity patterns. 17. \u201cOne result is significantly fewer synapses (or connections). Specialists viewing scans of the key emotional areas in the brains of abused or neglected children have likened the experience to looking at a black hole. In extreme cases the brains of abused children are significantly smaller than the norm, and the limbic system (which governs the emotions) may be 20\u201330 per cent smaller and contain fewer synapses.\u201d (p.16) According to Sue Gerhardt in Why Love Matters: How Affection Shapes Baby\u2019s Brain (her presentation to the Quality of Childhood Group in the European Parliament in December 2009) the \u2018black hole\u2019 quote comes from Harry Chugani [12], and refers to the development of medial prefrontal cortex (MPC) in the brains of Romanian orphans. Here, Gerhardt is talking about the development of the \u2018social brain\u2019 (MPC): \u201cThe less attention a baby receives, the less this part of the brain connects up. In the worst cases, like some of the most damaged Romanian orphans, this area of the brain was virtually a black hole according to one researcher, Harry Chugani.\u201d (Gerhardt, p.89) and illustrates the point using Perry\u2019s image \u2013 the one that\u2019s on the cover of the Allen report (Gerhardt, p.88). Although is involved in emotional regulation, it is also involved in risk assessment and decision-making using information from many parts of the brain. It\u2019s not clear whether in the orphans was permanently or temporarily abnormal, or what had caused the abnormality. Genetic, nutritional or infective factors don\u2019t appear to have been controlled for. And a small brain isn\u2019t a bad thing per se; autistic children tend to have larger brains than average, for example. Chugani et al were investigating glucose metabolism in the brain, but Gerhardt doesn\u2019t mention this, so it would be all too easy for people unfamiliar with the technical problems associated with interpreting brain scans to go away with the impression that neglect causes children to develop holes in their brains. 18. \u201cSchore has spoken of \u2018the child\u2019s first relationship, the one with the mother, acts as a template \u2026 [that] permanently moulds the individual\u2019s capacity to enter into all later emotional Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use. To find out more, including how to control cookies, see here: Cookie Policy 2/17/25, 12:27 graham allen | moving on from bowlby 26/33 relationships\u201925. \u201d \u201c To attune to a child means responding to their emotional needs, resulting in the child\u2019s sense of being understood, cared for and valued. Empathy begins with the sense of oneness with the other created in this process of attunement. The quality of empathy \u2013 the ability to feel for and with another \u2013 is not only key to building sound emotional stability, it is also a key inhibitor of the development of a propensity to violence. Conversely, empathy fails to develop when prime carers fail to attune to infants in the first 18 months of life. Absence of such parental attunement, combined with harsh discipline, is a recipe for violent, antisocial offspring. Empathy is influenced very early in life by observed parental reactions to another\u2019s suffering. Even in their first year, children already show signs of whether their reaction to the suffering of another is empathy, indifference or downright hostility.\u201d (p.17) The quotation from Schore also appears on page 62 of Early Intervention: Good Parents, Great Kids, Better Citizens and is widely cited on the internet, but couldn\u2019t locate the source couldn\u2019t find it in note 25, Schore\u2019s account of the right hemisphere\u2019s role in emotion regulation. There is no question that a child\u2019s early relationships are significant; but no evidence is provided that the relationship with the mother forms a template for all other relationships. Conclusion Both Allen and Allen & Duncan Smith papers are about Early Intervention Programmes \u2013 the brain development chapters are simply there to add weight to their arguments in favour of the programmes haven\u2019t discussed the interventions themselves because was primarily concerned about the material on brain development. There\u2019s little question that many of the interventions will do some children some good; whether they will address the social problems they are meant to address is another matter. One of the difficulties with social problems is that they are often caused by complex interactions between many factors \u2013 so interventions aimed at one or two factors are likely to have only a small effect overall. For example, an evaluation of the Carolina Abecedarian project [13] shows that mean mental test scores for children improved by less than 10 percentage points and that early gains reduced markedly over time \u2013 there was little difference at age 21. Age at the birth of a first child was 19 in the treatment group compared to 17.5 yrs in controls. Differences in academic achievement were larger and were maintained \u2013 possibly due to the early language support in the programme leading to improved reading. In short, the programme had a beneficial effect, but whether it made significant inroads into \u2018social problems\u2019 is debatable. What concerned me most about Early Intervention: Good Parents, Great Kids, Better Citizens and Early Intervention: The Next Steps is that neither is based on a systematic evaluation of neurobiological data, with the data themselves providing information about what could be done to reduce social problems. Instead, both papers start from a Freudian framework for child development, without questioning its fundamental assumptions; Allan Schore [8] is explicit about the direct descent of this framework from Freud via Bowlby\u2019s attachment theory, and I\u2019ve already drawn attention to the shortcomings of attachment theory. Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use. To find out more, including how to control cookies, see here: Cookie Policy 2/17/25, 12:27 graham allen | moving on from bowlby 27/33 Instead of drawing on our wide range of knowledge about child development as a whole, both papers focus on just one facet of it; emotional development. Furthermore, they focus on one facet of emotional development \u2013 attachment; and on one facet of attachment \u2013 the child\u2019s relationship with the primary caregiver. The primary caregiver is often implicitly assumed to be the parent, and more specifically the child\u2019s mother \u2013 even though fathers, grandparents and siblings are often primary carers and many children have more than one primary carer. This narrow model of child development is supported with often over-simplified and misunderstood neurobiological findings, selected, it appears, because they support the assumptions that the model makes. Findings that do not support these assumptions are simply omitted. It could be argued, with good reason, that an in-depth analysis of the neurobiological evidence would be beyond the scope of policy papers like these. However, the omission of aspects of child development other than attachment to the primary caregiver is a serious one. It implies that interventions are being proposed on the basis of a belief that they will be effective, rather than on the basis of an evaluation of research evidence across all areas of child development. This introduces a significant risk of interventions failing to eliminate social problems and being abandoned despite some beneficial outcomes for the children involved better approach might have been to enlist the help of a developmental neurobiologist for the evaluation of neurobiological evidence, to identify all the reasons why young people fail to reach their potential and to look at interventions which address each reason, including taking a critical look at the efficacy of current healthcare, education and social support systems. References 1. National Research Council (2000), From Neurons to Neighborhoods: The Science of Early Childhood Development (Chapter 8), Washington D.C. (available online at 2. Mareschal, D., Johnson, M., Sirois, S., Spratling, M., Thomas, M. & Westermann, G. (2007). Neuroconstructivism: How the Brain Constructs Cognition, vol. 1. Oxford: Oxford University Press. 3. See e.g. 4. Thelen, E. & Fisher, D. M. (1982). Newborn stepping: An explanation for a \u201cdisappearing\u201d reflex. Developmental Psychology, 18, (5), 760-775. 5. Chen, X., Striano, T. & Rakoczy, H. (2004). Auditory\u2013oral matching behavior in newborns, Developmental Science, 7, (1) 42\u201347. 6. Pinker, Steven (2002). The blank slate: The modern denial of human nature, Penguin. 7. Cohen, I.L. (2007 neural network model of autism: implications for theory and treatment. In D. Mareschal, S. Sirois, G. Westermann & M. Johnson (2007). Neuroconstructivism: Perspectives and Prospects, vol. 2. Oxford: Oxford University Press. 8. Schore, A. (2000). Attachment and the regulation of the right brain, Attachment & Human Development, 2 (1), 23\u201347. 9. Perry, B. (2002). Childhood Experience and the Expression of Genetic Potential: What Childhood Neglect Tells Us About Nature and Nurture, Brain and Mind 3, 79\u2013100. 10. Oppenheim, D., Koren-Karie, N., Dolev, S. and Yirmiya, N. (2009). Maternal insightfulness and resolution of the diagnosis are associated with secure attachment in preschoolers with autism spectrum disorders, Child Development, 80, 519\u2013527. Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use. To find out more, including how to control cookies, see here: Cookie Policy 2/17/25, 12:27 graham allen | moving on from bowlby 28/33 11. Iversen, L. (2008). Speed, Ecstasy, Ritalin: The Science of Amphetamines, Oxford University Press. 12. Chugani, H.T., Behen, M.E., Muzik,O., Juhasz, C., Nagy, F. & Chugani, D.C. (2001). Local Brain Functional Activity Following Early Deprivation Study of Postinstitutionalized Romanian Orphans, NeuroImage 14, 1290\u20131301. 13. Early Learning, Later Success: The Abecedarian Study (1999). Highlights of the Age 21 Follow-up Study, Chapel Hill: University of North Carolina Child Development Center. Available at briefs/EarlyLearningLaterSuccess_1999.pdf Image of synapses from Wikipedia. Posted in brain development, early intervention, genes, social policy | Tagged allan schore, brain development, bruce perry, genes, graham allen, iain duncan smith, maltreatment, neglect | 1 Reply brain development and social problems Posted on June 24, 2012 Reading the final report of the Munro Review of child protection, my attention was caught by what turned out to be a minor typographical error. The last sentence of paragraph 5.8 appears to refer to reference 95, the Royal Society paper Brain Waves Module 2: Neuroscience: implications for education and lifelong learning, but in fact cites reference 94. Reference 94 is an independent report commissioned by the current coalition government, published in January 2011, written by Graham Allen, Labour for Nottingham North and entitled Early Intervention: The Next Steps. Early intervention is summed up as follows by the \u2018Early Intervention Review Team\u2019; \u201cEarly Intervention is an approach which offers our country a real opportunity to make lasting improvements in the lives of our children, to forestall many persistent social problems and end their transmission from one generation to the next, and to make long-term savings in public spending\u2026.\u201d (p.vi) In 2008, Graham Allen had written another paper on early intervention, this one co-authored with Iain Duncan Smith and entitled Early Intervention: Good Parents, Great Kids, Better Citizens published jointly by the Centre for Social Justice (CSJ) and the Smith Institute. Iain Duncan Smith is a former leader of the Conservative Party and currently Secretary of State for Work and Pensions. In 2004, he founded the Centre for Social Justice, a centre-right think tank, just after his Graham Allen \u2014 Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use. To find out more, including how to control cookies, see here: Cookie Policy 2/17/25, 12:27 graham allen | moving on from bowlby 29/33 period of party leadership ended. The Smith Institute is a left-leaning think tank set up in 1996 in memory of the former Labour Party leader, John Smith. Ed Balls, later to become the Labour government\u2019s Secretary of State for Children, Schools and Families, worked for the Institute between 2004 and 2005. In previous posts I\u2019ve complained (at some length) that the model of child development being used by children\u2019s services pays little attention to recent biological research. It would be unfair to suggest that biology is entirely absent however. There are many references to physical development in this literature, Aldgate et al\u2019s book contains a chapter on genetic and biological influences and the Munro report cites the National Research Council\u2019s From Neurons to Neighbourhoods: The Science of Early Childhood Development \u2013 chapter 8 contains a comprehensive summary of brain development. The second chapter of each of the two documents written by Graham Allen is also dedicated to brain development. It\u2019s these two chapters want to concentrate on in this post. I\u2019m not entirely clear why it was deemed necessary to refer to brain development in papers about early interventions intended to forestall social problems. After all, few people would want to see evidence from brain scans before they could be persuaded that sanitation, a balanced diet or education have good outcomes for individuals and for the population as a whole. And given the technical problems with brain scanning and the interpretation of the resulting images, there are other more reliable ways of measuring the effectiveness of interventions. Allen and Duncan Smith\u2019s Early Intervention: Good Parents, Great Kids, Better Citizens justifies the inclusion of material on brain development as follows; \u201cWe make no apology for presenting, as laymen, a considerable body of medical evidence in this chapter. When economic resources are under intense pressure, and facing strong claims from well-established programmes and special interests, we believe that this medical evidence points overwhelmingly in favour of a shift to Early Intervention.\u201d (Good Parents p.45) What\u2019s the evidence? The first few pages of chapter 2 of Good Parents focus on results from three large-group, longitudinal studies purported to show that early adverse childhood experiences result in later health risks such as smoking, alcoholism, illicit drug use, obesity and high level promiscuity (Good Parents p.54). At first glance, the conclusions presented are persuasive, but when you look a little more carefully, the picture isn\u2019t quite so clear-cut. I\u2019ve mentioned several other documents that in some cases refer to each other. To clarify how they are linked, I\u2019ve mapped out the connections here: Rt Hon Iain Duncan Smith, Secretary of State for Work and Pensions \u2014 Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use. To find out more, including how to control cookies, see here: Cookie Policy 2/17/25, 12:27 graham allen | moving on from bowlby 30/33 Two of the studies, Farrington and West\u2019s Cambridge Study in Delinquent Development, a Prospective Study of South London Males From Ages 8\u201332 and the Dunedin Multidisciplinary Health and Development Study are prospective \u2013 that is, they started with children and have periodically sampled their health, development and behaviour over many years. According to Allen and Duncan Smith the Cambridge study showed that adult offending could be predicted in childhood (Good Parents p. 51). That\u2019s not quite what the study records. The 2006 report, which tracked the participants up to the age of 48, found that there were predictive factors in childhood for adult offending. In other words, some factors were predictive of behaviour for a particular group, not for particular individuals. The highest correlation between childhood factors and persistent offending was for children having a convicted parent or sibling. What this means is that children with previous offenders in their families are more likely to offend, not that offending can reliably be predicted in individual children significant number of children from families with an offender didn\u2019t commit crimes, whereas some children from non-offending families did. The Dunedin study looked at the health and development of 1037 babies born in Dunedin, New Zealand, between 1972-73. Data from the Dunedin study has been used in over 1000 publications but couldn\u2019t find which one Allen and Duncan Smith were referring to. They claim that nurses\u2019 assessments of which of a group of 3 year-olds were at risk, predicted criminal convictions, violent behaviour and domestic abuse at age 21. They conclude; Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use. To find out more, including how to control cookies, see here: Cookie Policy 2/17/25, 12:27 graham allen | moving on from bowlby 31/33 \u201cthe fact is that children who are likely to have poor outcomes, including adult criminality, can be identified at age three when they are still riding their tricycles.\u201d (Good Parents p.52) Not exactly. As Allen and Duncan Smith themselves point out, not all of the at-risk children offended, and some of the not-at-risk children did \u2013 18% exhibiting violent behaviour and almost 10 % abusing their partners (Good Parents p.51). The third study, the Adverse Childhood Experiences (ACE) Study, by contrast, is retrospective; it relies on self-reports about childhood maltreatment, family dysfunction and health status, and therefore on that notoriously unreliable data source, human memory. You can read the questions that were posed to participants in Preventing child maltreatment: a guide to taking action and generating evidence. It\u2019s published jointly by the World Health Organization and ISPCAN, The International Society for the Prevention of Childhood Abuse and Neglect. My curiousity about Preventing child maltreatment: a guide to taking action and generating evidence was initially piqued by the title have no problem with taking action against child maltreatment, but do have concerns about \u2018generating evidence\u2019. Evidence is usually \u2018gathered\u2019 or \u2018found\u2019 \u2013 implying that it\u2019s already out there, researchers just have to go and look for it. \u2018Generating evidence\u2019 suggests that, like Bettelheim, your case might not actually have strong evidence behind it so you need to create some was also concerned by a reference in the Foreword to the idea that \u201cthe traditional \u201cprivacy barrier\u201d between the domestic and public spheres has inhibited the evolution of policies and legal instruments to prevent violence within the family and provide services for those affected by it.\u201d (p.vi) I\u2019d predict that the prohibition of violence is as likely to be effective as the prohibition of alcohol consumption, but that violence might be lessened if its causes were to be addressed. Furthermore, the \u2018traditional \u201cprivacy barrier\u201d\u2019 isn\u2019t about \u201cprivacy\u201d \u2013 a relatively recent development in human history \u2013 but about protecting the individual from the abuse of power by the state. I\u2019m sure the author, who\u2019s had extensive experience with the UN, is aware of that. But digress also had concerns about Box 1.1 (p.8). It\u2019s entitled Child maltreatment and damage to the developing brain and is adapted from a pamphlet published in 2001 by the National Clearinghouse on Child Abuse and Neglect Information and the National Adoption Information Clearinghouse called In Focus: Understanding the Effects of Maltreatment on Early Brain Development. The pamphlet lists 31 references, 11 by Bruce Perry and one by Allen Schore. In 13 pages, Schore\u2019s work is cited 17 times and Perry\u2019s 40 times. These names crop up again in the papers by Allen and Duncan Smith. My concerns about Box 1.1 and the In Focus pamphlet weren\u2019t so much about what they said, as about their emphasis. Firstly, maltreatment and neglect of children is, by definition, harmful \u2013 that\u2019s why they are called maltreatment and neglect. We already know that certain practices cause harm to children, at the time they happen, immediately afterwards, and, in some cases, throughout life. We don\u2019t need evidence from brain scans to tell us that. But maltreatment and neglect are being Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use. To find out more, including how to control cookies, see here: Cookie Policy 2/17/25, 12:27 graham allen | moving on from bowlby 32/33 presented as if pre-existing evidence of harm isn\u2019t sufficient to persuade legislators that more stringent legislative measures are required to prevent maltreatment and neglect, so neurobiological findings are being recruited for this purpose. Secondly, although there is certainly evidence to suggest that maltreatment and neglect have a negative impact on brain development, they are only two of the factors that do so. In other words, you could predict with some confidence that maltreatment and neglect would result in \u2018abnormal\u2019 brain development, but you can\u2019t assume that because someone\u2019s brain has developed abnormally, that they were maltreated or neglected as a child. Thirdly, there\u2019s an implicit assumption in the way the evidence is presented that maltreatment and neglect are the primary cause of \u2018social problems\u2019, when social scientists have been aware, for decades, that those causes are many, varied and have complex interactions. In short, the evidence doesn\u2019t appear to support the idea that the predominant cause of social problems is child maltreatment or neglect. Allen and Duncan Smith call for a study along the lines of the Dunedin study to be carried out in the \u201cin order to provide definitive evidence on the benefits of Early Intervention\u201d (Good Parents p.52 can\u2019t see why another study is necessary \u2013 the Cambridge study makes clear that the causes of antisocial behaviour are complex and that patterns of behaviour change significantly over the lifespan. Update 13/12/16: Thanks to @PaulWhiteleyPhD on Twitter for drawing attention to this article in Nature analysing the Dunedin study findings. In the next post want to look at what Graham Allen and Iain Duncan Smith have to say about brain development. Photographs of Graham Allen and Iain Duncan Smith from Early Intervention Early Intervention: Good Parents, Great Kids, Better Citizens. Posted in brain development, early intervention, social policy | Tagged allan schore, brain development, bruce perry, cambridge study in deliquent development, child protection, dunedin study, early intervention, graham allen, iain duncan smith, maltreatment, munro review, neglect | Leave a reply Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use. To find out more, including how to control cookies, see here: Cookie Policy 2/17/25, 12:27 graham allen | moving on from bowlby 33/33", "7844_103.pdf": "Sally Macdonald professor whose family picketed the University of Washington when he was fired after being accused of sexually harassing a student has been exonerated by a faculty committee. Graham Allan taught pulp-and-paper science until March 1989, when he was suspended after being accused of sexual harassment by a 21-year-old undergraduate student. He was subsequently fired. The woman, who was not in Allan's classes, was a student in the College of Forest Resources, where Allan worked President William Gerberding on Wednesday supported a five-member faculty committee that decided the charges had no foundation after conducting a lengthy appeal hearing in June. Allan said he has continued to advise seven graduate students and expects to resume teaching undergraduate classes in January when winter quarter begins am looking forward to getting back to being a teacher,'' he said yesterday was recognized as the outstanding teacher in the department a couple of years ago, and that is what think do best.'' Besides complaining to the Office of Human Rights that Allan had touched and spoken to her inappropriately, the student filed a lawsuit in King County Superior Court naming Gerberding and the regents as co-defendants. She said the university and Allan's family had retaliated against her for making the complaint. Allan's wife, Margaret, placed a large advertisement in the student newspaper saying the student's accusations were false and challenging her to take a lie-detector test. Allan's daughter and son distributed leaflets on campus. ``The nature of her accusations were such that my family knew immediately they were false. The words she used in her complaint were absolutely alien to a person of Scottish Clears Professor Charged With Sexual Harassment Nov 2, 1990 2/17/25, 12:27 Clears Professor Charged With Sexual Harassment | The Seattle Times 1/2 background,'' said Allan, who immigrated to the U.S. in 1956. ``She said said things to her would never say. The words she used were Americanisms.'' Margaret Allan said 60 friends, neighbors and colleagues had written letters to the university on her husband's behalf. The university is keeping all witness names and testimony confidential despite a plea by Margaret Allan that her testimony be made public. She said her picketing on behalf of her husband ``was an attempt to bring out the truth. Unfortunately it didn't work that way and was interpreted as retaliatory.'' ``The way to handle this sort of thing is not with all this confidentiality stuff,'' Graham Allan said. ``Sure it was an embarrassment to bring it out in the open like that, and wouldn't wish the experience on anyone. But it was better than all the rumors and all the people pretending they don't know about it when they do.'' 2/17/25, 12:27 Clears Professor Charged With Sexual Harassment | The Seattle Times 2/2", "7844_104.pdf": "Jack Broom The sexual-harassment investigation of a University of Washington forestry professor who was exonerated last month has been reopened by President William Gerberding because of new allegations by a former student. Gerberding directed the five-member faculty committee that cleared Professor Graham Allan to reconvene to hear testimony from a former woman student who recently came forward with accusations concerning Allan. Allan today called the new accusations groundless and said he had a sexual affair with the new witness in 1978. Allan said the woman was a student of his and was about 27 at the time. ``If you read the definition of sexual harassment, it does not cover a willing, consensual relationship,'' he said. Allan, who has been suspended from teaching without pay since March 1989, was scheduled to resume teaching in January but will remain suspended until the new allegations against him are settled, according to Forestry Dean David Thorud. Thorud, who fired Allan in June 1989 after previous reports of sexual harassment, would not discuss the specific new allegations against the professor would say they are of substantial nature and think are rather compelling, but it will be up to the faculty committee to decide,'' Thorud said. Thorud said the new witness took classes from Allan 10 or 12 years ago and did not testify at Allan's sexual-harassment hearing earlier this year. The woman came forward within the last month after she heard about Allan's exoneration and is willing to testify to a faculty committee, Thorud said. Allan, who taught pulp-and-paper science, was suspended and subsequently fired after being accused of sexual harassment by a 21-year-old undergraduate student Reopens Investigation Of Teacher In Sex Scandal Nov 27, 1990 2/17/25, 12:28 Reopens Investigation Of Teacher In Sex Scandal | The Seattle Times 1/2 President William Gerberding exonerated Allan Oct. 31, supporting the decision of a five-member faculty committee that decided the charges had no foundation. Allan blamed his troubles on longstanding disagreements he has had with Thorud was vindicated,'' he said. ``The dean doesn't like that and he's attempting to redo it.'' Thorud acknowledged he has had disagreements with Allan but said, ``The disputes he has had with me are not what's at issue. What is at issue is Dr. Allan's behavior toward students at this institution.'' 2/17/25, 12:28 Reopens Investigation Of Teacher In Sex Scandal | The Seattle Times 2/2", "7844_105.pdf": "v (2000) Supreme Court of Washington,En Banc. Margaret ALLAN, Petitioner, v. The WASHINGTON, an agency of the State of Washington, Respondent. No. 67294-6. Decided: April 20, 2000 Hall, Zanzig & Widell, Spencer Hall, Seattle, for Petitioner. Bennett, Bigelow & Leedom, Michael F. Madden, Seattle, for Respondent. Margaret Allan, Petitioner, petitioned in Thurston County Superior Court for a declaratory judgment to invalidate procedures adopted by the University of Washington (UW), Respondent, that amended the adjudication process for faculty disciplinary matters provided for in Chapter 28 of the Faculty Code. Allan, the wife of a professor, argued that the procedures had been promulgated in violation of the Administrative Procedure Act (APA), chapter 34.05 RCW. The trial court agreed and granted summary judgment to Allan. The appealed, arguing that Allan lacked standing to initiate her lawsuit. The Court of Appeals, Division Two, reversed. It found that Allan lacked standing and, accordingly, did not reach the question. Allan petitioned for our review. We granted review, and affirm the Court of Appeals The relevant facts are uncontroverted in this case. Margaret Allan is the wife of Professor Graham Allan. Professor Allan was the subject of a 1989 sexual harassment claim brought by a student. In response to that claim, the suspended and sought to terminate Professor Allan, but he appealed \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/17/25, 12:28 v (2000) | FindLaw 1/22 that action to a faculty committee which reinstated him following proceedings in which his wife was a participant, with separate counsel, under subpoena. The student subsequently sued the UW, and that lawsuit was settled in 1991. Part of the settlement was an agreement that the would seek to have the Faculty Senate change the procedures governing faculty members' appeals of discipline arising out of student complaints President William Gerberding subsequently proposed and strongly encouraged, in a 1992 letter to the chair of the Faculty Senate, changes to the \u201cFaculty Code Adjudicative Procedures\u201d that mirrored the settlement language. Clerk's Papers (CP) at 145. Prior to the adoption of the changes, Allan, through counsel, advised the chair of the Faculty Senate that it was her belief that the must comply with the in adopting any proposed rule changes-including providing opportunity for public comment-or the changes would be invalid. In response, the Division of the Attorney General's Office conveyed to Allan's attorney its opinion that \u201c[t]he revision to the faculty adjudication procedures is not subject to the Administrative Procedures Act because, under 34.05.010(15), rules of institutions of higher education involving employment relationships are not \u2018rules' within the meaning of the at 330. Changes to the adjudicative procedures in Chapter 28 of the Faculty Code were enacted in 1994 by a faculty vote. Following that, Allan petitioned for declaratory relief in Thurston County Superior Court - requesting that the court declare the rules invalid and set them aside. The moved to dismiss for lack of standing, and the trial court denied this motion and a motion to reconsider. The parties then cross-moved for summary judgment, with neither contending that any issues of material fact precluded the grant of their motions. The trial court issued an oral ruling and entered an order granting Allan's motion in June 1996. The appealed, and the Court of Appeals, Division Two, reversed the trial court-finding that Allan lacked standing to challenge the revisions to the Faculty Code, and thus did not address the question of whether the process of promulgating those revisions was in compliance with the APA. See Allan v. University of Washington, 92 Wash.App. 31, 959 P.2d 1184 (1998). Allan petitioned for our review, and review was granted The threshold question in this case is whether Margaret Allan has standing to challenge the 1994 revisions to the Faculty Code. The Court of Appeals analyzed Allan's claim under the standing rule 34.05.530 person has standing to obtain judicial review of agency action if that person is aggrieved or adversely affected by the agency action person is aggrieved or adversely affected within the meaning of this section only when all three of the following conditions are present: (1) The agency action has prejudiced or is likely to prejudice that person; 2/17/25, 12:28 v (2000) | FindLaw 2/22 (2) That person's asserted interests are among those that the agency was required to consider when it engaged in the agency action challenged; and (3 judgment in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the agency action. (Emphasis added.) Of this test, the Court of Appeals wrote that \u201c[t]he first and third prongs are generally called \u2018injury-in- fact\u2019 requirements, while the second is called the \u2018zone of interest\u2019 prong.\u201d Allan, 92 Wash.App. at 36, 959 P.2d 1184 (citing St. Joseph Hosp. & Health Care Ctr. v. Department of Health, 125 Wash.2d 733, 739, 887 P.2d 891 (1995)). The court observed that our statutory test \u201cis drawn from and explained by federal case law.\u201d Allan, 92 Wash.App. at 36, 959 P.2d 1184 (citing 34.05.001) (further citations omitted). Applying the test, the court found that \u201cMrs. Allan lacks standing under 34.05.530 to seek judicial review of the University's action because she is not a person \u2018aggrieved or adversely affected\u2019 by an agency action.\u201d Allan, 92 Wash.App. at 36, 959 P.2d 1184 (citing St. Joseph Hosp., 125 Wash.2d at 739, 887 P.2d 891). Allan argues that \u201c[t]he APA's standing provisions are generously applied.\u201d Br. of Resp't at 26 (citations omitted). To illustrate this argument she points to United States v. Students Challenging Regulatory Agency Procedures, 412 U.S. 669, 93 S.Ct. 2405, 37 L.Ed.2d 254 (1973 ). There the Supreme Court was confronted with a question of standing under the federal APA, and pointed to a number of cases in which the Court had allowed important interests to be vindicated by plaintiffs with no more at stake in the outcome of an action than a fraction of a vote \u2024 a $5 fine and costs \u2024 and a $1.50 poll tax\u2024 While these cases were not dealing specifically with \u2024 the APA, we see no reason to adopt a more restrictive interpretation of \u2018adversely affected\u2019 or \u2018aggrieved.\u2019 As Professor Davis has put it: \u2018The basic idea that comes out in numerous cases is that an identifiable trifle is enough for standing to fight out a question of principle; the trifle is the basis for standing and the principle supplies the motivation.\u2019 \u201d Id. at 689 n. 14, 93 S.Ct. 2405 (emphasis added) (citations omitted) (quoting kENNETH DAVIS, Standing: Taxpayers and Others, 35 U. CHI. L. REV. 601, 613 (1968)). However, the Court has subsequently left the viability of 's commentary on standing doubtful by writing of it that its \u201cexpansive expression of what would suffice for \u2024 review under its particular facts has never since been emulated by this Court\u2024\u201d Lujan v. National Wildlife Fed'n, 497 U.S. 871, 889, 110 S.Ct. 3177, 111 L.Ed.2d 695 (1990). Furthermore, National Wildlife Fed'n declared irrelevant for purposes of a motion for summary judgment because it involved a \u201cmotion to dismiss on the pleadings. The latter, unlike the former, presumes that general allegations embrace those specific facts that are necessary to support the claim.\u201d Id. (citing Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957)). 2/17/25, 12:28 v (2000) | FindLaw 3/22 Lujan v. Defenders of Wildlife, 504 U.S. 555, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992), is heavily relied upon by the UW. There, where United States environmental groups sought to challenge, under the Endangered Species Act, the impact of a regulation upon animal species in foreign countries, the Court acknowledged that \u201c[o]f course, the desire to use or observe an animal species, even for purely esthetic purposes, is undeniably a cognizable interest for purpose of standing.\u201d Id. at 562-63, 112 S.Ct. 2130 (emphasis added) (citing Sierra Club v. Morton, 405 U.S. 727, 734, 92 S.Ct. 1361, 31 L.Ed.2d 636 (1972)). However, it held that the groups had to demonstrate \u201cnot only that listed species were in fact being threatened by funded activities abroad, but also that one or more \u2024 members would thereby be \u2018directly\u2019 affected apart from their \u201cspecial interest' in th[e] subject.' \u201d Defenders, 504 U.S. at 563, 112 S.Ct. 2130 (alteration in original) (quoting Sierra Club, 405 U.S. at 735, 739, 92 S.Ct. 1361). In other words, \u201cthe \u2018injury in fact\u2019 test requires more than an injury to a cognizable interest. It requires that the party seeking review be \u2024 among the injured.\u201d Sierra Club, 405 U.S. at 734-35, 92 S.Ct. 1361 (emphasis added). In Defenders, the attempt to obtain standing was based upon affidavits from two environmental group members who had each once visited Africa and had never seen any endangered species there, but professed a desire to return at some indeterminate point in the future to try to observe endangered species. See Defenders, 504 U.S. at 563, 112 S.Ct. 2130. Not surprisingly, the Court noted that \u201c[s]tanding \u2024 requires, at the summary judgment stage, a factual showing of perceptible harm.\u201d Defenders, 504 U.S. at 566, 112 S.Ct. 2130. While Allan is correct in pointing out that Defenders had \u201can incredibly attenuated fact pattern[,]\u201d Br. of Resp't at 30 n.4, it is still applicable to her case. After all, under Defenders, Allan must demonstrate \u201ca factual showing of perceptible harm.\u201d Defenders, 504 U.S. at 566, 112 S.Ct. 2130. The harm Allan notes here is that she \u201cparticipated as a party in the very adjudication and litigation which resulted in these changes.\u201d Br. of Resp't at 29. This is true. However, the agency's past action is not the one causing the asserted prejudice. See 34.05.530(1). Moreover, the test speaks to present harm or more likely future harm. See 34.05.530(1). Thus it would be improper to consider the past harm that Allan alleges she suffered as a result of the faculty adjudicative process involving her husband, as a sole basis for standing to challenge changes to that process made afterward. The Supreme Court has noted that \u201c \u2018[p]ast exposure to illegal conduct does not in itself show a present case or controversy regarding injunctive relief \u2024 if unaccompanied by any continuing, present adverse effects.\u2019 \u201d Defenders, 504 U.S. at 564, 112 S.Ct. 2130 (emphasis added) (quoting City of Los Angeles v. Lyons, 461 U.S. 95, 102, 103 S.Ct. 1660, 75 L.Ed.2d 675 (1983)). The Court of Appeals is correct that Allan's \u201chypothetical argument that she could [again] someday be a witness in an adjudicatory proceeding is speculative and insufficient to establish standing.\u201d Allan, 92 Wash.App. at 38, 959 P.2d 1184. Allan is left with little more than an argument of \u201cprocedural injury.\u201d 2/17/25, 12:28 v (2000) | FindLaw 4/22 Allan contends, however, that her position is supported by Seattle Bldg. & Constr. Trades Council v. Apprenticeship & Training Council, 129 Wash.2d 787, 920 P.2d 581 (1996) (Trades Council ),1 a case that involved interpretation of the very statute at issue here 34.05.530. There, in an opinion relying upon Defenders, we wrote that \u201c[w]here an agency refuses to provide a procedure required by statute or the Constitution, the United States Supreme Court \u2018routinely grants standing to a party\u2019 despite the fact that \u2018any injury to substantive rights attributable to failure to provide a procedure is both indirect and speculative.\u2019 \u201d Trades Council, 129 Wash.2d at 794, 920 P.2d 581 (quoting 3 kENNETH J. PIERCE, JR., aDMINISTRATIVE \u00a7 16.5, at 31 (3d ed.1994)). We also quoted from another treatise that noted that \u201c \u2018[f]ailure to comply with procedural requirements of itself establishes sufficient injury to confer standing.\u2019 \u201d Trades Council, 129 Wash.2d at 794, 920 P.2d 581 (quoting 13 cHARLES \u00a7 .4, at 433 (2d ed.1984)). As we quoted Defenders itself: \u201c \u2018There is this much truth to the assertion that \u2018procedural rights' are special: The person who has been accorded a procedural right to protect his concrete interests can assert that right without meeting all the normal standards for redressability and immediacy.\u2019 \u201d Trades Council, 129 Wash.2d at 794-95, 920 P.2d 581 (emphasis added) (quoting Defenders, 504 U.S. at 572 n. 7, 112 S.Ct. 2130). However, we noted that essential to the assertion of \u201csuch procedural rights\u201d was a \u201cconcrete interest,\u201d although the \u201cfact that any economic injury \u2024 might not be immediate, or the fact that the decision of the agency would be no different under formal adjudicatory proceedings[,] is not dispositive of the standing question if Appellants have a concrete interest protectable by a requirement of formal adjudicatory proceedings.\u201d Trades Council, 129 Wash.2d at 795, 920 P.2d 581 (emphasis added). In Trades Council, labor organizations with trade apprenticeship programs existing at the time that a public agency approved the standards for, and registration of, a competing apprenticeship program, sought judicial review of the question of whether this approval required a formal adjudicatory hearing. We found that these organizations had standing based upon the likely diminishment of employment opportunities as a result of the agency's decision for apprentices of \u201cexisting programs, including their own.\u201d Trades Council, 129 Wash.2d at 796, 920 P.2d 581. Thus, the \u201cinjury in fact\u201d and \u201czone of interest\u201d prongs of the standing test were satisfied. See 34.05.530. In this case the Court of Appeals found that \u201cMrs. Allan's claimed interest, at best, is derived from her professor husband and his salary. But Mrs. Allan fails to establish a concrete interest of her own that has been injured by the claimed procedural error.\u201d Allan, 92 Wash.App. at 37, 959 P.2d 1184. The concedes that Professor Allan would have standing as a contracting faculty member to challenge an improperly promulgated change to the Faculty Code. Allan argues that she should have standing as a part of her husband's marital community, asserting an interest in his income.2 For support she points to LaHue v. Keystone Inv. Co., 6 Wash.App. 765, 496 P.2d 343 (1972). In that case the widow of a stockholder was found to have standing to maintain a derivative stockholder's suit on the basis of her 2/17/25, 12:28 v (2000) | FindLaw 5/22 \u201cone-half community interest in stock held in her husband's name prior to his death,\u201d and it did not matter whether the stock was \u201cformally set aside to her in the course of probate of her husband's estate\u2024\u201d LaHue, 6 Wash.App. at 776-77, 496 P.2d 343 (citations omitted). LaHue indicates that not only did it not matter that the widow there was not a shareholder of record, but that her standing was not contingent upon the fact of her husband's death-for she was \u201cnot merely a legatee, but an owner of that one-half interest.\u201d LaHue, 6 Wash.App. at 777, 496 P.2d 343 (emphasis added). Thus it was her community property interest in the stock itself that gave her standing. However, LaHue is certainly distinguishable here. Professor Allan's interest in the UW's rule-making process is based upon his employment by the UW, not just the income it generates. He has contractual interest in the rules that govern his working conditions. Allan does not share this individual interest. She has not shown a concrete interest of her own. \u201c \u2018By the community property law of this state \u2024 the legislature did not create an entity or a juristic person separate and apart from the spouses composing the marital community.\u2019 \u201d deElche v. Jacobsen, 95 Wash.2d 237, 243, 622 P.2d 835 (1980) (quoting Bortle v. Osborne, 155 Wash. 585, 589-90, 285 P. 425, 67 A.L.R. 1152 (1930)). The employs Professor Allan, not his marital community, and his wife cannot demonstrate that her \u201casserted interests are among those that the agency was required to consider when it engaged in the agency action challenged 34.05.530(2) (emphasis added). Furthermore, \u201c[a] person is aggrieved or adversely affected within the meaning of\u201d the standing test only when the zone of interest and injury-in-fact prongs are satisfied 34.05.530. Allan cannot satisfy the injury-in-fact prongs by showing that the UW's action \u201chas prejudiced or is likely to prejudice\u201d her 34.05.530(1). She cannot show a threat to the only interest that she identifies-her community property interest in Professor Allan's income-that is \u201csufficiently real;\u201d in other words, a threat that is \u201cneither imaginary nor speculative.\u201d Yesler Terrace Community Council v. Cisneros, 37 F.3d 442, 446 (9th Cir.1994) (citing Blum v. Yaretsky, 457 U.S. 991, 1000, 102 S.Ct. 2777, 73 L.Ed.2d 534 (1982)). She does not point to, for example, any pending disciplinary proceeding under the revised Faculty Code that involves Professor Allan. In comparison to the likely economic impacts upon plaintiffs found in Trades Council, any threat posed to Allan by the alleged violation of the here is quite remote. Absent a concrete interest, injury-in-fact standing under the is not conferred upon the spouse of an administrative agency's employee merely on the basis of an asserted failure on the part of the agency to follow procedural requirements. In conclusion, we find that Allan has not met the statutory test for standing in an case. In light of this disposition, we cannot reach the question of whether the changes to the Faculty Code were required to be adopted in compliance with the APA. We affirm the Court of Appeals. The issue in this case, at its threshold, is whether Mrs. Margaret Allan, wife of University of Washington (UW) professor G. Graham Allan, has standing under the Washington Administrative Procedure Act 2/17/25, 12:28 v (2000) | FindLaw 6/22 (APA), chapter 34.05 RCW, to challenge revisions to UW's Faculty Code. If she does, the issue, which neither the Court of Appeals nor majority addresses, becomes whether the UW's Faculty Code revisions fall under the ambit of the APA, and if so, whether the UW's promulgation of the revisions runs afoul of it. It seems clear to me Mrs. Allan has as much standing to challenge the Faculty Code revisions as does her professor husband because of her community property share in his employment contract with would therefore go to the merits of her claim and, for reasons shall discuss below, affirm the trial court that these rules must be adopted in accordance with the or not at all The linchpin of the Court of Appeals decision, and the majority's opinion which affirms it, is \u201cMrs. Allan lacks standing under 34.05.530 to seek judicial review of the University's action because she is not a person \u2018aggrieved or adversely affected\u2019 by an agency action.\u201d Allan v. University of Washington, 92 Wash.App. 31, 36, 959 P.2d 1184 (1998) (quoting St. Joseph Hosp. & Health Care Ctr. v. Department of Health, 125 Wash.2d 733, 739, 887 P.2d 891 (1995)), review granted, 137 Wash.2d 1019, 980 P.2d 1280 (1999). This conclusion is the result of correctly stating, but ultimately misapplying, the statutory \u201caggrieved or adversely affected\u201d test for standing under the APA, which requires: (1) The agency action has prejudiced or is likely to prejudice that person; (2) That person's asserted interests are among those that the agency was required to consider when it engaged in the agency action challenged; and (3 judgment in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the agency action 34.05.530. The majority correctly notes this test embodies \u201c \u2018injury-in-fact\u2019 \u201d and \u201c \u2018zone of interest\u2019 \u201d prongs. Majority at 362 (quoting Allan, 92 Wash.App. at 36, 959 P.2d 1184 (citing St. Joseph Hosp. & Health Care Ctr., 125 Wash.2d at 739, 887 P.2d 891)). According to the majority, echoing the Court of Appeals, Mrs. Allan must show a \u201cconcrete interest of her own\u201d in the outcome of the action in order to have standing under the APA. Majority at 365 (\u201cAbsent a concrete interest, injury-in-fact standing under the is not conferred upon the spouse of an administrative agency's employee merely on the basis of an asserted failure on the part of the agency to follow procedural requirements.\u201d); Allan, 92 Wash.App. at 37, 959 P.2d 1184 (\u201cAllan fails to establish a concrete interest of her own that has been injured by the claimed procedural error.\u201d). However it is unclear what sort of \u201cconcrete interest\u201d test the majority is mixing. Mrs. Allan is within the \u201czone of interest\u201d under 34.05.530 because of her right of equal management of the property acquired through the marital community of herself and Professor Allan. Majority at 365 26.16.030. There is no question Mrs. Allan has a community interest in Professor Allan's employment 2/17/25, 12:28 v (2000) | FindLaw 7/22 contract. The income he earns through his employment is a community asset, whereas any economic liabilities he incurs under the contract, e.g., by the operation of a Faculty Code provision incorporated into that contract, are going to be community liabilities. The trial court correctly held Mrs. Allan has standing to challenge the Faculty Code revision on the independent basis of her community property interest as the spouse of Professor Allan. Clerk's Papers (CP) at 181, 191. The concedes Professor Allan, like any professor, would have automatic standing to challenge rule-making or adjudicatory actions under the APA. See Supplemental Br. of Resp't at 10; Tr. of Oral Argument to Court of Appeals at 3. It is truly inexplicable, then, how the majority reaches its conclusion, after having recognized the UW's concession on this point. That Mrs. Allan's community property share of Professor Allan's employment contract places her within the zone of a concrete interest is supported by our decision in LaHue v. Keystone Inv. Co., 6 Wash.App. 765, 496 P.2d 343, review denied, 81 Wash.2d 1003 (1972). There, as the majority points out, the widow of a stockholder was found to have standing to maintain a derivative stockholder's suit on the basis of her \u201c \u2018one-half community interest in stock held in her husband's name prior to his death,\u2019 and it did not matter whether the stock was \u2018formally set aside to her in the course of probate of her husband's estate.\u2019 \u201d Majority at 365 (quoting LaHue, 6 Wash.App. at 776-77, 496 P.2d 343). The majority's attempt to distinguish LaHue is as arbitrary as it is unsatisfactory. See Majority at 365. The majority states LaHue involved solely an economic interest-the wife's community share in the husband's stock. Here, the majority argues, Professor Allan's employment contract embodied contractual interests \u201cindividual\u201d to him that Mrs. Allan \u201cdoes not share.\u201d Majority at 365. This unidentified individual \u201ccontractual interest\u201d (id.) is a red herring for the purposes of our analysis. No one seriously doubts the core interests of Professor Allan's employment contract are the salary and benefits he earns as a professor, which are community property assets he shares with Mrs. Allan. The unspecified contractual interest (id.) the majority spins out of whole cloth simply does not pay the bills. Mrs. Allan, then, has just as much a concrete interest in her husband's employment contract as the spouse in LaHue had in her husband's stock. For purposes of satisfying the \u201cconcrete interest\u201d prong-even the ultra-restrictive one the majority has mixed on the spot-the interest inherent in the community property is sufficient. The majority attempts to avoid this conclusion by distinguishing Professor Allan's employment with the from the mere income it generates, claiming Mrs. Allan has a community property interest in the latter but not the former. Majority at 365 (\u201cThe employs Professor Allan, not his marital community\u2024\u201d). This distinction is without a difference in the present case. Professor Allan's very employment with the is undertaken as an agent of, and in furthering the interests of, the marital community. This is illustrated by the fact that whether or not his employment generated income, the marital community of which he is an agent would be liable should he commit a tort within the scope of 2/17/25, 12:28 v (2000) | FindLaw 8/22 his employment as his employment is in the benefit of the marital community. deElche v. Jacobsen, 95 Wash.2d 237, 245, 622 P.2d 835 (1980) (\u201cTorts which can properly be said to be done in the management of community business, or for the benefit of the community, will remain community torts with the community and the tort-feasor separately liable.\u201d). It is therefore community employment. Here the community nature of Professor Allan's employment is doubly proved as he earns income that is community property. To the extent Mrs. Allan has a community property interest in the income Professor Allan generates, she has an interest in the employment that gives rise to that income under our long-standing precedent that is sufficient to confer standing in this case. See In re Marriage of Lindemann, 92 Wash.App. 64, 72, 960 P.2d 966 (1998) (\u201cOrdinarily, a marital community is entitled to the fruits of all labor performed by either party to the relationship because each spouse is the servant of the community.\u201d) (citing Yesler v. Hochstettler, 4 Wash. 349, 366, 30 P. 398 (1892); In re Marriage of Brown, 100 Wash.2d 729, 737, 675 P.2d 1207 (1984)), review denied, 137 Wash.2d 1016, 978 P.2d 1099 (1999). Its half-hearted attempt to distinguish LaHue notwithstanding, the majority cannot seriously claim Mrs. Allan lacks a concrete interest in the UW's rule-making here. Thus the majority's standing analysis would seem to center on the \u201cinjury-in-fact\u201d prong of the standing test. However an argument that Mrs. Allan fails to aver an adequate injury-in-fact is conspicuously lacking in the majority opinion. Rather the majority collapses back in upon itself, arguing that by failing to aver anything other than a \u201c \u2018hypothetical argument that she could [again] someday be a witness in an adjudicatory proceeding,\u2019 \u201d which is \u201c \u2018speculative and insufficient to establish standing,\u2019 \u201d and therefore, \u201cAllan is left with little more than an argument of \u2018procedural injury.\u2019 \u201d Majority at 365 (alteration in original) (quoting Allan, 92 Wash.App. at 38, 959 P.2d 1184). The majority continues, The \u201cthreat posed to Allan by the alleged violation of the here is quite remote.\u201d Majority at 365. Then, in the very next sentence, the majority brings us full circle: \u201cAbsent a concrete interest, injury-in-fact standing under the is not conferred\u2024\u201d Id. (emphasis added). But have already demonstrated as unpersuasive the majority's argument that Mrs. Allan lacks a concrete interest in the underlying proceedings. With respect to Mrs. Allan's putatively \u201c \u2018procedural injury,\u2019 \u201d Majority at 364 (quoting Allan, 92 Wash.App. at 38, 959 P.2d 1184), the majority's analysis places itself directly at odds with the law the majority itself cites. In Trades Council for example, as the majority quotes at page 364, we noted \u201c[w]here an agency refuses to provide a procedure required by statute or the Constitution, the United States Supreme Court \u2018routinely grants standing to a party\u2019 despite the fact that \u2018any injury to substantive rights attributable to failure to provide a procedure is both indirect and speculative.\u2019 \u201d Seattle Bldg. & Constr. Trades Council v. Apprenticeship & Training Council, 129 Wash.2d 787, 794, 920 P.2d 581 (1996) (quoting 3 Kenneth Culp Davis & Richard J. Pierce, Jr., Administrative Law Treatise \u00a7 16.5, at 31 (3d ed.1994)), cert. denied, 520 U.S. 1210, 117 S.Ct. 1693, 137 L.Ed.2d 820 (1997). Further, as the majority acknowledges, \u201c \u2018[f]ailure to comply with procedural requirements of itself establishes sufficient injury to confer standing.\u2019 \u201d Majority at 364 (quoting Trades Council, 129 Wash.2d at 794, 920 P.2d 581 (quoting 13 Charles A. Wright et al., Federal Practice and Procedure \u00a7 3531.4, at 433 (2d ed.1984))). And further, 2/17/25, 12:28 v (2000) | FindLaw 9/22 \u201c \u2018[t]here is this much truth to the assertion that \u2018procedural rights' are special: The person who has been accorded a procedural right to protect his concrete interests can assert that right without meeting all the normal standards for redressability and immediacy.\u2019 \u201d Trades Council, 129 Wash.2d at 794-95, 920 P.2d 581 (quoting Lujan v. Defenders of Wildlife, 504 U.S. 555, 572 n. 7, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992)). The majority would take us outside the sweep of this law by noting, \u201cHowever, we noted that essential to the assertion of \u2018such procedural rights' was a \u2018concrete interest\u2024\u2019 \u201d Majority at 364. Again the majority collapses its analysis into the \u201cconcrete interest\u201d prong. As have demonstrated, Mrs. Allan's concrete interest undeniably flows from the marital community between herself and Professor Allan. Perhaps the majority would here unwittingly overrule the standing portion of the Trades Council decision; but if that is its intent, it should say so clearly. As Mrs. Allan's concrete interest in the community property (which is Professor Allan's employment contract) is sufficient to grant her standing under 34.05.530 would recognize Mrs. Allan's standing to challenge the UW's procedures under the APA, and thus move to the merits of the underlying appeal There is no question in this case that the revisions to the adjudication procedures in the Faculty Code here at issue were not adopted in compliance with the notice and comment requirements of the APA. See 34.05.320, .325; Allan, 92 Wash.App. at 35 n. 1, 959 P.2d 1184. The admits this. See at 51. Had the majority correctly determined Mrs. Allan had standing, the question properly becomes whether the process by which the adopted the 1994 changes to its Faculty Code was governed by the in the first place. If they were, the was violated. The defines what constitutes a \u201c[r]ule\u201d: [A]ny agency order, directive, or regulation of general applicability \u2024 (b) which establishes, alters, or revokes any procedure, practice, or requirement relating to agency hearings\u2024 The term includes the amendment or repeal of a prior rule, but does not include \u2024 (iv) rules of institutions of higher education involving standards of admission, academic advancement, academic credit, graduation and the granting of degrees, employment relationships, or fiscal processes 34.05.010(16) (emphasis added). The \u201coperates under the principle of \u2018shared governance,\u2019 whereby the faculty and administrators share authority for running the institution.\u201d Br. of Appellant at 7. This principle is embodied in 28B.20.200: \u201cThe faculty of the University of Washington shall consist of the president of the university and the professors and the said faculty shall have charge of the immediate government of the institution under such rules as may be prescribed by the board of regents.\u201d 2/17/25, 12:28 v (2000) | FindLaw 10/22 Changes in the rules involving the \u201cemployment relationships\u201d of faculty, as embodied in the Faculty Code, are initiated and approved by the faculty. See at 450. The 1994 revisions to the Faculty Code that were adopted through the process challenged here did not, however, relate only to the employment rights of faculty members. They also involved rights of \u201c[n]onparty participant[s] of right:\u201d \u201c[T]he person or persons who are alleged to be the victims of any harassment, discrimination or other wrongdoing at 259 (Ex to affidavit of L. Mark Eichorn, \u201cProposed Revisions to Faculty Code Provisions Regarding Adjudications (Chapter 28)\u201d) (emphasis added). The Faculty Code revisions also provide for a role for \u201c[p]ermissive nonparty participant [s]:\u201d \u201c[A]ny person who has a substantial interest that will be affected by the outcome of a Comprehensive Adjudication and whose request to participate in the proceeding has been granted by the Hearing Officer at 259. Rights of participation, counsel, cross-examination, and access to evidence were prescribed for the nonparty participants. See at 279-81. The authority of the hearing officer with regard to issuing discovery and protective orders was delineated. See at 286-87. These orders, ironically, are enforceable through the APA's provisions \u201cregarding civil enforcement of agency actions at 287. The is also the source of the hearing panel's statutory power to issue subpoenas, as provided for in the revisions. See at 286 34.05.588. As Mrs. Allan correctly notes: \u201cThe revisions include numerous provisions defining, creating, and limiting rights of nonfaculty without any input from them\u201d as would be required under the APA. Br. of Resp't at 19. The argues that the 1994 revisions to the Faculty Code at issue here fall under the above exemption from the for \u201crules of institutions of higher education involving \u2024 employment relationships.\u201d The makes much of the meaning of the word \u201cinvolving\u201d in 34.05.010(16), noting, correctly, that \u201c[t]he starting point for analyzing this issue is, of course, the language of the statute itself.\u201d Br. of Appellant at 29 (citing State v. Young, 125 Wash.2d 688, 694, 888 P.2d 142 (1995)). It points to the fact that under the former Higher Education \u201cthe exemption extended only to rules \u2018relating primarily\u2019 to employment relationships.\u201d Former 28B.19.020(2), repealed by Laws of 1988, ch. 288, \u00a7 701. In replicating language from this predecessor statute into the 1988 the legislature substituted \u201cinvolving \u2024 employment relationships\u201d for \u201crelating primarily to \u2024 employment relationships[.]\u201d The turns to a dictionary definition of the word \u201cinvolve\u201d to suggest that the legislature's use of the word \u201cmakes it apparent that the Legislature did not intend to limit the scope of exempt rules to those impacting exclusively on faculty members.\u201d Br. of Appellant at 30. However, it could just as easily be argued that the is using the word \u201cinvolving\u201d to allow an exception to swallow a rule.1 As Mrs. Allan notes, \u201cthe University emphasizes the dictionary meaning of the term \u2018involving,\u2019 extrapolating from the definition to conclude that any rule having any nexus with employment relationships-no matter the impact on others -'involves' employment relationships and is therefore exempt from requirements.\u201d Br. of Resp't at 16 (emphasis added). She argues that \u201c[t]he University may not insulate rules substantially affecting non-faculty rights from review simply by including them with other provisions 2/17/25, 12:28 v (2000) | FindLaw 11/22 which affect only faculty.\u201d Id. at 12. Even if it can be reasonably conceded that the legislature foresaw the impact that exempting the employment relationships of faculty members would have upon their spouses, and thus impacts upon spouses alone would not bring changes to the Faculty Code under the APA, it could scarcely be extrapolated from that fact that the legislature intended that the complaints of victims of those faculty members (e.g., victims of sexual harassment) should be laundered through an adjudicative process that they and other members of the public would have had no part in shaping. Mrs. Allan appropriately points to the federal courts' treatment of a comparable federal section, 5 U.S.C. \u00a7 553 (1994), as guidance for when the rule-making requirements should apply, and also points to the example of other states. See 34.05.001 (\u201c[C]ourts should interpret provisions of this chapter [the APA] consistently with decisions of other courts interpreting similar provisions of other states, the federal government, and model acts.\u201d). Under 5 U.S.C. \u00a7 553, \u201c[g]eneral notice of proposed rulemaking shall be published in the Federal Register,\u201d \u00a7 553(b), in most cases, and after notice \u201cthe agency shall give interested persons an opportunity to participate in the rule making through submission of written data, views, or arguments [,]\u201d \u00a7 553(c), and \u201c[e]ach agency shall give an interested person the right to petition for the issuance, amendment, or repeal of a rule,\u201d \u00a7 553(e). However, these provisions do not apply to exceptions analogous to the higher education exemption at issue here, exemptions covering \u201ca matter relating to agency management or personnel[,]\u201d \u00a7 553(a)(2), and \u201crules of agency organization, procedure, or practice \u2024\u201d \u00a7 553(b)(A). Mrs. Allan points to a \u201csubstantial impact test\u201d that has been used under \u00a7 553(a)(2) and \u00a7 553(b)(A) \u201cto determine whether the agency is required to comply with the rule-making requirements.\u201d Br. of Resp't at 12-13. The question is whether the agency action has a substantial impact on private rights and interests of those outside the agency (in this case, nonfaculty). For example, where the United States Civil Service Commission attempted to invoke the \u00a7 553(a)(2) exemption for a challenged regulation the D.C. Circuit Court of Appeals held that \u201calthough the Commission's regulation is only directed at government personnel it does not fall within section 553(a)(2) because outside individuals are substantially affected.\u201d Joseph v. United States Civil Serv. Comm'n, 554 F.2d 1140, 1153 n. 23 (D.C.Cir.1977). In another case, where the United States Department of Labor invoked the \u00a7 553(b)(A) exemption to try to shield from the federal a modification of its method of calculating employment statistics, the D.C. Circuit noted first that the exception \u201cwas provided to ensure that agencies retain latitude in organizing their internal operations.\u201d Batterton v. Marshall, 648 F.2d 694, 707 (D.C.Cir.1980). However, it held that \u201c[t]he exemption cannot apply \u2024 where the agency action trenches on substantial private rights and interests.\u201d Id. at 708. This was in keeping with the idea that \u201c[t]he essential purpose of \u2024 notice and comment opportunities is to reintroduce public participation and fairness to affected parties after governmental authority has been delegated to unrepresentative agencies.\u201d Id. at 703. 2/17/25, 12:28 v (2000) | FindLaw 12/22 Other \u201csubstantial impact\u201d cases that Mrs. Allan cites relate to exemption clauses similar to 34.05.010(16)(i): \u201c[S]tatements concerning only the internal management of an agency and not affecting private rights or procedures available to the public \u2024\u201d (Emphasis added.) See Woodland Private Study Group v. Department of Envtl. Protection, 109 N.J. 62, 70, 533 A.2d 387, 389-91 (1987) (construing intra- agency and interagency statements as used in N.J. Stat. Ann. \u00a7 52:14B-2(e)); Persico v. Maher, 191 Conn. 384, 465 A.2d 308, 318 (1983) (interpreting language identical to 34.05.010(16)(i) in Conn. Gen.Stat. \u00a7 4-166(7)). While 34.05.010(16)(i), under which a \u201csubstantial impact\u201d test certainly might be appropriate to measure whether statements affect \u201cprivate rights or procedures available to the public[,]\u201d is not implicated here, nevertheless analysis of the language of 34.05.010(16)(i) cannot lead one to the UW's conclusion that it is also the exemption \u201cmost analogous\u201d to the 5 U.S.C. \u00a7 553 exemptions at issue in Joseph and Batterton. Those exemptions are \u201csimilar\u201d enough to the higher education exemption at issue here that their construction should guide this court. See 34.05.001. As the points out, our higher education exemption is without an identical federal parallel-and Mrs. Allan does not point us to such a parallel in another state. On its face, unlike .010(16)(i) which precedes it, our higher education exemption does not speak to \u201cprivate rights or procedures available to the public[.]\u201d See 34.05.010(16) (simply providing that rules governed by the do \u201cnot include \u2024 (iv) rules of institutions of higher education involving standards of admission, academic advancement, academic credit, graduation and the granting of degrees, employment relationships, or fiscal processes.\u201d). Accordingly, in interpreting the higher education exemption, the argues that when the legislature wants to protect third parties \u201cit knows how to do so[,]\u201d as evidenced by \u201cthe very same section of the APA[.]\u201d Br. of Appellant at 33. It is true, for example, that rules involving \u201cstandards of admission, academic advancement, academic credit, graduation and the granting of degrees\u201d are going to impact persons inside and outside the university (i.e., both students and applicants), and that this could have only been contemplated by the legislature in exempting such rules from the APA. The contends that its argument that the legislature \u201crecognized the impact on third parties when it added the challenged exemption to the new APA\u201d is supported by these impacts. However the undermines itself when it points to 34.05.010(16)(i) to make an expressio unius est exclusio alterius argument. See Br. of Appellant at 33, 36 (citing Bour v. Johnson, 122 Wash.2d 829, 836, 864 P.2d 380 (1993)). The is correct in that the legislature did expressly identify the interests of the public as not being abrogated by another exemption-the exemption for \u201cstatements concerning only the internal management of an agency and not affecting private rights or procedures available to the public 34.05.010(16)(i). We see from this provision the legislature limited the exemption for \u201cstatements concerning only the internal management of an agency\u201d to those \u201cnot affecting private rights or procedures available to the public\u2024\u201d The broad scope of the APA's application to state agencies is demonstrated by the fact that, without an express exemption, simple \u201cstatements\u201d could otherwise be construed as rules.2 The language of the 2/17/25, 12:28 v (2000) | FindLaw 13/22 \u201cstatements\u201d exemption does not support the conclusion that by not expressly qualifying \u201cemployment relationships\u201d when it exempted the \u201crules of institutions of higher education,\u201d the legislature meant for the scope of \u201cemployment relationships\u201d to be so indefinite as to allow those relationships in universities to infringe upon \u201cprivate rights or procedures affecting the public\u2024\u201d Instead, the use of the term \u201cemployment relationships\u201d is part of the express limitation of the types of \u201crules of institutions of higher education\u201d that are exempt from the APA. The higher education exemption is a narrow exemption. Were it otherwise, the legislature could have simply exempted \u201crules of institutions of higher education\u201d without adding more. \u201c \u2018Where a statute specifically designates the things or classes of things upon which it operates, an inference arises in law that all things or classes of things omitted from it were intentionally omitted by the legislature under the maxim expressio unius est exclusio alterius-specific inclusions exclude implication.\u2019 \u201d Landmark Dev., Inc. v. City of Roy, 138 Wash.2d 561, 571, 980 P.2d 1234 (quoting Washington Natural Gas Co. v No. 1, 77 Wash.2d 94, 98, 459 P.2d 633 (1969)). Thus the \u201cimplication\u201d that \u201cemployment relationships\u201d include rights of persons outside those two-party relationships, rights that seeks to take outside of the (while paradoxically invoking the in the rule changes in order to enforce its power over those rights through discovery and protective orders and subpoenas), is presumptively invalid. Cf. State v. Sommerville, 111 Wash.2d 524, 535, 760 P.2d 932 (1988) (\u201cUnder the rule of expressio unius est exclusio alterius \u2024 these exceptions are exclusive, and the further exception carved out by the trial court here is barred.\u201d) (citing Queets Band v. State, 102 Wash.2d 1, 5, 682 P.2d 909 (1984); Washington Natural Gas Co. v No. 1, 77 Wash.2d 94, 98, 459 P.2d 633 (1969); State v. Roadhs, 71 Wash.2d 705, 707, 430 P.2d 586 (1967)). Therefore the process by which the challenged changes to chapter 28 of the Faculty Code were adopted in 1994 should have been governed by the notice and comment provisions of the APA, inasmuch as they did not solely involve \u201cemployment relationships.\u201d Given there are no outstanding issues of material fact, we should reinstate the trial court's summary judgment in favor of Mrs. Allan The has conceded that a faculty member, such as Professor Allan, would have had standing under 34.05.530 to challenge the rules adopted here. See Supplemental Br. of Resp't at 10; Tr. of Oral Argument to Court of Appeals at 3. This is presumably due to his affected salary interest, which is community property that \u201c[e]ither spouse, acting alone, may manage and control 26.16.030 (emphasis added). LaHue and Trades Council both provide support for Mrs. Allan's argument that she should have standing based upon this community property interest to challenge the process by which changes to chapter 28 of the Faculty Code were adopted in 1994. Reaching the merits, the UW's revision of the Faculty Code violated the APA, inasmuch as the narrow exception for \u201crules of institutions of higher education involving \u2024 employment relationships 34.05.010(16)(iv), was exceeded in adopting rules that impact the third-party rights of victims, and 2/17/25, 12:28 v (2000) | FindLaw 14/22 witnesses to victimization (through subpoena), of those employees. Under these changes to the Faculty Code \u201coutside individuals are substantially affected.\u201d Joseph, 554 F.2d at 1153 n. 23. The majority should be mindful of the primary purpose behind the APA. When it adopted the 1988 APA, the legislature declared that it intended \u201cto provide greater public and legislative access to administrative decision making 34.05.001. As Professor Andersen wrote: The purpose of rulemaking procedures is to ensure that members of the public can participate meaningfully in the development of agency policy that affects them. When the questioned agency action will affect the public in a general way and where notice to and comment by the affected public seems useful, the action should be regarded as a rule. William R. Andersen, The 1988 Washington Administrative Procedure Act-An Introduction, 64 Wash. L.Rev. 781, 791 (1989).3 Similarly, the D.C. Circuit in Batterton wrote that \u201c[e]xemptions should be recognized only where the need for public participation is overcome by good cause to suspend it, or where the need is too small to warrant it, as for example, when the action in fact does not conclusively bind \u2024 affected private parties.\u201d Batterton, 648 F.2d at 704 (footnote omitted). In light of the violation, the trial court's summary judgment order in favor of Mrs. Allan should be affirmed and the Court of Appeals should be reversed. Accordingly dissent 1. Some of the cases that Allan cites to demonstrate liberalization in standing requirements are inapposite here because they did not involve the question of standing under the APA. See City of Seattle v. State, 103 Wash.2d 663, 694 P.2d 641 (1985); Seattle School Dist. No. 1 v. State, 90 Wash.2d 476, 585 P.2d 71 (1978); Blondheim v. State, 84 Wash.2d 874, 529 P.2d 1096 (1975); State ex rel. Tattersall v. Yelle, 52 Wash.2d 856, 329 P.2d 841 (1958). Reagles v. Simpson, 72 Wash.2d 577, 585-86, 434 P.2d 559, (1967) obliquely, and Bolser v. Washington State Liquor Control Bd., 90 Wash.2d 223, 225- 26, 580 P.2d 629 (1978), more directly, are cases addressing standing under an earlier version of the that predated the 1988 adoption of the more exacting three-prong statutory standing test. Compare, e.g 34.05.530(1) (\u201cThe agency action \u2024 is likely to prejudice that person \u2024\u201d (emphasis added)) with Bolser, 90 Wash.2d at 226, 580 P.2d 629 (\u201c[T]he regulation in question or its threatened application may interfere with or impair \u2024 the legal rights or privileges of the plaintiffs \u2024\u201d (emphasis added)) (citing former 34.04.070(1); Kenneth Culp Davis, Standing, 1976, 72 NW. U.L. REV. 69, 80 (1977)). They cannot control today's interpretation of 34.05.530. 2. Professor Allan's income is community property, which \u201c[e]ither spouse, acting alone, may manage and control 26.16.030. 2/17/25, 12:28 v (2000) | FindLaw 15/22 1. For example, the writes,[C]ommon sense informs us, as it would the Legislature, that decisions about employment of faculty necessarily impact third parties to the employment contract, such as family of faculty, students, and other persons affected by the faculty member's work. In the University setting, the latter might include patients being treated by medical faculty, companies and agencies making grants to researchers, or even persons who hope to benefit from a faculty member's work, such as developing a new drug or surgical technique, or writing a prize-winning novel.Br. of Appellant at 30. Even assuming all this to be true, how does it diminish Mrs. Allan's argument? The does not point to any rules outside of the providing for an adjudicatory process that allows, for example, a third person aggrieved by a faculty member's \u201cprize-winning novel\u201d to complain and be subject to discovery and subpoenas. No one is disputing that faculty members interact with the world outside of the UW. The question is whether, when they victimize someone outside of the employment relationship, the disciplinary process can take place through rules adopted entirely outside of the APA. 2. The is \u201can agency\u201d that enjoys the APA's exemption for \u201cstatements\u201d under 34.05.010(16) (i). Thus, this exemption and the higher education exemption run on parallel tracks in their application to the UW. 3. Professor Andersen, the UW's own resident expert on the APA, opined these revisions were subject to the Act. In response to a question \u201cregarding the applicability of the APA's rule-making provisions to the revisions\u201d to the Faculty Code at 135, Andersen, in an e-mail, wrote:1. The question you ask is open.2. The act has a narrow exemption of university rules\u2024 This list doesn't seem to me to exempt our adjudication rules. Moreover, it makes clear by implication that university rules generally within the act.\u20244. My own position is that all rules with significant impacts (as these rules clearly do) should be run through the rulemaking procedures of the and think there is enough in the rule definition in the section cited above to make a good case for that-especially since outside judges (who decide these things) have not always been as enthusiastic about the iviolability [sic ] of \u201cinternal\u201d university processes as us insiders tend to be at 135 (citing 34.05.010(15)). Andersen's expertise on the subject of the APA, in the form of his seminal law review article on it, has been acknowledged and relied upon by this court in the past. See Aviation West Corp. v. Department of Labor & Indus., 138 Wash.2d 413, 419, 980 P.2d 701 (1999); Seattle Bldg. & Constr. Trades Council v. Apprenticeship & Training Council, 129 Wash.2d 787, 797, 920 P.2d 581 (1996); St. Joseph Hosp. & Health Care Ctr. v. Department of Health, 125 Wash.2d 733, 739, 887 P.2d 891 (1995); Neah Bay Chamber of Commerce v. Department of Fisheries, 119 Wash.2d 464, 473, 832 P.2d 1310 (1992). MADSEN, J. GUY, C.J., JOHNSON, ALEXANDER, TALMADGE, IRELAND, JJ., SHIELDS, and COLEMAN, J.P.T. 2/17/25, 12:28 v (2000) | FindLaw 16/22 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 (2000) Docket No: No. 67294-6. Decided: April 20, 2000 Court: Supreme Court of Washington,En Banc. 2/17/25, 12:28 v (2000) | FindLaw 17/22 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, 12:28 v (2000) | FindLaw 18/22 Get a profile on the #1 online legal directory Harness the power of our directory with your own profile. Select the button below to sign up. Sign up \uf105 Enter your email address to subscribe * Indicates required field Get email updates from FindLaw Legal Professionals Email * 2/17/25, 12:28 v (2000) | FindLaw 19/22 Learn more about FindLaw\u2019s newsletters, including our terms of use and privacy policy. Learn About the Law Get help with your legal needs FindLaw\u2019s Learn About the Law features thousands of informational articles to help you understand your options. And if you\u2019re ready to hire an attorney, find one in your area who can help. Go to Learn About the Law \uf105 \uf105 2/17/25, 12:28 v (2000) | FindLaw 20/22 Need to find an attorney? Search our directory by legal issue Enter information in one or both fields (Required) Find a lawyer Questions? At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Contact us. Stay up-to-date with how the law affects your life. Sign up for our consumer newsletter \uf105 Our Team Accessibility Contact Us \uf105 By Location By Legal Issue By Lawyer Profiles Legal Forms & Services Learn About the Law State Laws U.S. Caselaw U.S. Codes Legal issue need help near (city code or country) Bahawalpur, Punjab \uf057 2/17/25, 12:28 v (2000) | FindLaw 21/22 US: \uf09a \uf16a \uf16d By Name Copyright \u00a9 2025, FindLaw. All rights reserved. Terms > | Privacy > | Disclaimer > | Cookies > 2/17/25, 12:28 v (2000) | FindLaw 22/22", "7844_106.pdf": "From Casetext: Smarter Legal Research Allan v. University of Wash The Court of Appeals of Washington, Division Two Jul 31, 1998 92 Wn. App. 31 (Wash. Ct. App. 1998) Copy Citations Download Check Treatment Delegate legal research to CoCounsel, your new legal assistant. Try CoCounsel free No. 20882-2-II. July 31, 1998. *32 HUNT, J. 32 Appeal from the Superior Court for Thurston County, No. 94-2-03468-2, Richard A. Strophy, J., on June 7, 1996. Michael F. Madden of Bennett Bigelow Leedom; and Christine O. Gregoire, Attorney General, and Rebecca E. Todd, Assistant, for appellant. Lawrence M. Eichorn and Spencer Hall, for respondent. *33 33 Sign In Search all cases and statutes... Opinion Case details 2/17/25, 12:28 Allan v. University of Wash, 92 Wn. App. 31 | Casetext Search + Citator 1/7 Margaret Allan filed a petition for declaratory judgment, seeking to invalidate revisions to the adjudication procedures of the CODE. She claimed that the revisions were invalid because they were not promulgated in accordance with the rulemaking procedures of Washington's Administrative Procedure Act 34.05.310 \u2014 .395. The trial court granted Allan's motion for summary judgment and denied the University's cross motion for summary judgment. On appeal, the University argues that (1) Allan does not have standing to challenge the revisions; and (2) the adjudication procedures at issue relate to employment relationships and, therefore, are exempt from the rule-making requirements of the APA. We agree that Allan lacks standing and reverse This action stems from a prior adjudication and lawsuit involving Margaret Allan and her husband, G. Graham Allan, a professor at the University. In 1989, a University student filed a sexual harassment complaint against Professor Allan. As a result, the University administration suspended Professor Allan and initiated adjudicatory proceedings against him. Mrs. Allan participated in the proceedings both as a witness and as her husband's supporter. Ultimately, a hearing panel comprising other faculty members decided that the administration had failed to prove its case against Professor Allan, and he was reinstated. The student then filed a civil suit against the University. In her complaint, she alleged that the University was vicariously liable both for Professor Allan's sexual harassment and for defamatory actions of the Allan family, which included disseminating misinformation about the student's *34 sexual harassment complaint by publishing articles in the University Daily and handing out leaflets. The student also complained that the University's faculty disciplinary process in sexual harassment cases was inadequate and that the adjudication procedures did not sufficiently protect her rights. The University filed a third party complaint for contribution against Professor and Mrs. Allan. 34 The University settled the student's lawsuit out of court and agreed to propose and to encourage certain revisions to the procedures governing 2/17/25, 12:28 Allan v. University of Wash, 92 Wn. App. 31 | Casetext Search + Citator 2/7 faculty appeals from disciplinary actions based on student complaints of sexual harassment. Thereafter, the University revised the adjudication procedures in Chapter 28 of the CODE. In these revisions, the University adopted only one of the proposals outlined in the settlement agreement \u2014 the proposal relating to the use of hearing officers. The revisions to Chapter 28 also set forth the rights of \"nonparty participants\" and identified two classes \"of right\" and \"permissive.\" \"Nonparty participants of right\" are defined as \"persons who are alleged to be the victims of any harassment, discrimination or other wrongdoing alleged in the Petition, such as a person whose ideas or research allegedly has been misappropriated by a faculty member \u00a7 28-31 \"permissive nonparty participant\" is defined as \"any person who has a substantial interest that will be affected by the outcome of a Comprehensive Adjudication and whose request to participate in the proceeding has been granted by the Hearing Officer, pursuant to the provisions of section 28-51 \u00a7 28-31 On November 21, 1994, Mrs. Allan filed a petition for declaratory judgment seeking to invalidate the University's revisions on grounds that they had not been promulgated in accordance with the APA. She asserted that the University's failure to provide her with notice of the proposed *35 revisions and opportunity to comment before their adoption violated the rule-making requirements of Washington's 34.05.320(1) and 34.05.325(2), (4), (6). Although the revisions did not formally comply with rule-making requirements, the proposed revisions were publicized and Mrs. Allan did comment on them. 35 1 1 Mrs. Allan asserts that the University did not comply with the because, among other reasons, it neither held a public hearing nor drafted responses to comments. The University does not controvert these assertions. The trial court denied the University's motion to dismiss Mrs. Allan's complaint. Mrs. Allan then moved for summary judgment, and the University cross-moved for summary judgment. The trial court granted Mrs. Allan's motion for summary judgment, finding that the governed the 2/17/25, 12:28 Allan v. University of Wash, 92 Wn. App. 31 | Casetext Search + Citator 3/7 rule-making process for the University's revisions and that she had standing to challenge the University's revisions in court Summary judgments are questions of law which are subject to de novo review. Failor's Pharmacy v. Department of Soc. Health Servs., 125 Wn.2d 488, 493, 886 P.2d 147 (1994); Condor Enters., Inc., v. Boise Cascade Corp., 71 Wn. App. 48, 54, 856 P.2d 713 (1993). See also Folsom v. Burger King, 135 Wn.2d 658, 985 P.2d 301 (1998). Here, the parties do not dispute the facts. Rather, the pivotal issue is Mrs. Allan's standing [1, 2] Mrs. Allan bears the burden of establishing standing. Lujan v. Defenders of Wildlife, 504 U.S. 555, 561, 112 S.Ct. 2130, 2136, 119 L. Ed. 2d 351 (1992). We agree with the University that in passing the APA, the Legislature did not confer standing on simply anyone who is dissatisfied *36 with the outcome of the rule-making process. Mrs. Allan lacks standing under 34.05.530 to seek judicial review of the University's action because she is not a person \"aggrieved or adversely affected\" by an agency action. St. Joseph Hosp. Health Care Ctr. v. Department of Health, 125 Wn.2d 733, 739, 887 P.2d 891 (1995 person is \"aggrieved or adversely affected\" only if all three prongs of the following test are met: 36 (1) The agency action has prejudiced or is likely to prejudice that person; (2) That persons asserted interests are among those that the agency was required to consider when it engaged in the agency action challenged; and (3 judgment in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the agency action 34.05.530. This statutory test is drawn from and explained by federal case law 34.05.001; St. Joseph Hosp., 125 Wn.2d at 739 (citing Association of Data 2/17/25, 12:28 Allan v. University of Wash, 92 Wn. App. 31 | Casetext Search + Citator 4/7 Processing Serv. Orgs., Inc. v. Camp, 397 U.S. 150, 153, 90 S. Ct. 827, 25 L. Ed. 2d 184 (1970)); Seattle Bldg. Constr. Trades Council v. The Apprenticeship Training Council, 129 Wn.2d 787, 793, 920 P.2d 581 (1996), cert. denied, ___ U.S. ___, 117 S.Ct. 1693, 137 L. Ed. 2d 820 (1997). The first and third prongs are generally called \"injury-in-fact\" requirements, while the second is called the \"zone of interest\" prong. St. Joseph Hosp., 125 Wn.2d at 739. A. Injury in Fact [3, 4] Mrs. Allan has failed to demonstrate that she has suffered an injury-in- fact. \"`[T]he `injury in fact' test requires more than an injury to a cognizable interest. It requires that the party seeking review be himself among the injured.'\" Lujan, 504 U.S. at 563, 112 S. Ct. at 2137 (quoting Sierra Club v. Morton, 405 U.S. 727, 734-35, 92 S. Ct. 1361, 1366, 31 L. Ed. 2d 636 (1972)). *37 37 Mrs. Allan's claimed injury stems from the University's failure to comply with rule-making procedures. Failure to comply with procedural requirements alone, however, is not a sufficient injury to confer standing. Lujan, 504 U.S. at 573-74, 112 S.Ct. at 2143. The complaining party must still demonstrate that the agency action has invaded a legally protected interest that is concrete and particularized, rather than conjectural or hypothetical. Lujan, 504 U.S. at 560, 112 S. Ct. at 2136. Mrs. Allan's claimed interest, at best, is derived from her professor husband and his salary. But Mrs. Allan fails to establish a concrete interest of her own that has been injured by the claimed procedural error. Mrs. Allan relies on her involvement in her husbands prior adjudicatory proceeding to establish standing. But as the University explains, \"`[p]ast exposure to illegal conduct does not in itself show a present case or controversy regarding injunctive relief . . . if unaccompanied by any continuing, present adverse effects.'\" Because Mrs. Allan has failed to establish any injury-in-fact resulting from the University's failure to comply with the procedural requirements, we hold that she lacks standing to seek judicial review under the APA. 2 2 Lujan, 504 U.S. at 564, 112 S. Ct. at 2138 (quoting City of Los Angeles v. Lyons, 461 U.S. 95, 102-03, 103 S. Ct. 1660, 75 L. Ed. 2d 675 (1983) (quoting O'Shea v. Littleton, 414 U.S. 488, 495-96, 94 S. Ct. 669, 676, 38 L. Ed. 2d 674 (1974))). 2/17/25, 12:28 Allan v. University of Wash, 92 Wn. App. 31 | Casetext Search + Citator 5/7 B. Zone of Interest [5] The zone of interest prong focuses \"`on whether the Legislature intended the agency to protect the party's interests when taking the action at issue.'\" Seattle Bldg. and Constr. Trades Council, 129 Wn.2d at 797 (quoting St. Joseph Hosp., 125 Wn.2d at 739-40 (citing William R. Anderson, The 1988 Washington Administrative Procedure Act \u2014 An Introduction, 64 WASH. L. REV. 781, 825 (1989))). Mrs. Allan lacks a concrete interest of the type the legislation was intended to protect. Mrs. Allan contends that she *38 is within the \"zone of interest\" because she is married to a faculty member and because her children attended the University of Washington. She also contends that potentially she could be a witness in another case. 38 [6] Mrs. Allan's relationships with others, who may or may not having standing, do not confer standing upon her. In addition, her hypothetical argument that she could someday be a witness in an adjudicatory proceeding is speculative and insufficient to establish standing. Rather Mrs. Allan's interest is merely one that she holds in common with all other citizens: the opportunity to comment upon proposed rules and to have the agency consider those comments. See Casebere v. Clark County Civil Serv. Comm'n, 21 Wn. App. 73, 76, 584 P.2d 416 (1978). An \"imaginary\" or \"speculative\" injury based on application of a challenged rule is insufficient to establish standing. Rather, the threat must be concrete and personal. See Trepannier v. City of Everett, 64 Wn. App. 380, 383, 824 P.2d 524 (1992). The trial court erred in granting summary judgment to Mrs. Allan. Having held that Mrs. Allan lacks standing, we reverse and remand for dismissal of her complaint. We need not address the remaining issues. HOUGHTON, C.J., and SEINFELD, J., concur. About us Jobs 2/17/25, 12:28 Allan v. University of Wash, 92 Wn. App. 31 | Casetext Search + Citator 6/7 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, 12:28 Allan v. University of Wash, 92 Wn. App. 31 | Casetext Search + Citator 7/7"} |
8,369 | Yanni Hufnagel | University of California – Berkeley | [
"8369_101.pdf",
"8369_102.pdf",
"8369_103.pdf",
"8369_101.pdf",
"8369_102.pdf",
"8369_103.pdf"
] | {"8369_101.pdf": "BERKELEY, Calif University of California, Berkeley assistant basketball coach resigned Thursday after sexual harassment allegations from a reporter, dropping his appeal of the school\u2019s attempt to fire him. Yann Hufnagel\u2019s resignation came a day before the results of the review were to be released and amid an outcry over the university\u2019s handling of sexual harassment claims against high-profile officials. Those circumstances led Hufnagel to decide it was best to drop the issue. \u201cThe toxic environment at Berkeley has made it impossible for Mr. Hufnagel to rejoin the basketball team he loves, even if he is vindicated in full, as the facts would show,\u201d his attorney, Mary McNamara, said in a statement. \u201cHe needs to look out for the student-athletes he coached, as well as his own future.\u201d The school gave Hufnagel a termination notice last month, just before his Cal Bears team after a relatively successful season was about to enter the tournament Berkeley assistant coach resigns after allegations Published 8:55 EDT, April 7, 2016 The university had launched the inquiry into Hufnagel last year after the female journalist covering the team sent head Coach Cuonzo Martin a long email describing in graphic detail unwelcome advances from the assistant. The allegations against Hufnagel were among many recent high-profile sexual harassment cases at Berkeley that have raised questions over top officials\u2019 handling of them. Other cases involved a renowned astronomy professor, a vice chancellor and the law school dean. Officials are also conducting a review into whether Martin handled the situation correctly. Athletic Director Mike Williams said he expects the results of the review will support the team\u2019s confidence in Martin 1 staff return to crowded offices, broken equipment and missing chairs 2 \u2018Danish Viking blood is boiling.\u2019 Danes boycott goods with fervor as others in Europe do so too 3 South African ambassador has to leave the by Friday, Trump administration says 4 Trump administration deports hundreds of immigrants even as a judge orders their removals be stopped 5 Judge questions Trump administration on whether it ignored order to turn around deportation flights", "8369_102.pdf": "| Published: Tue 15th March, 19:00 2016 Hufnagel coaching the team (far left); Photo via [object Object] Yesterday, the University of California-Berkeley fired assistant basketball coach Yann Hufnagel for violating the school\u2019s sexual harassment policy. Hufnagel tweeted that he would soon be exonerated of a \u201cfruitless claim by a reporter.\u201d However, Deadspin has obtained a copy of Cal\u2019s investigation into the matter, and even Hufnagel\u2019s own statements make it appear that he attempted to trade sex for access, and shut her out when she tried to keep their relationship professional. Cal Investigation Finds Assistant Coach Sexually Harassed Reporter Who Accused Him Of Trying To Trade Sex For Access The heavily redacted investigation, conducted by Cal\u2019s Office for the Prevention of Harassment and Discrimination, identifies the complainant as a reporter covering the Golden Bears. She alleged that Hufnagel harassed her via text message and in person beginning in November 2014\u2014two weeks after they first met\u2014and lasting until she lost her job because of Hufnagel\u2019s refusual to cooperate as a source. She even alleged he fed her incorrect information as payback for turning down his advances. Make no mistake: this is a reporter\u2019s worst nightmare\u2014a source (and in college basketball, with tiny coaching staffs, a single source is the difference between success and unemployment) attempting to leverage his power into a sexual relationship, and spiking her career if she didn\u2019t comply. The full investigation, which concluded a finding of sexual harassment, can be read at bottom. These are some of its findings. On July 6, 2015, someone identified as a \u201chead varsity athletics coach\u201d at Cal forwarded an email to an Associate Athletic Director (AAD). The email, sent by the reporter, accused Hufnagel of subjecting her to \u201cfrequent and recurrent sexual harassment.\u201d The contacted the Office for the Prevention of Harassment and Discrimination (OPHD), and by the end of August, the investigation was in full swing. It conducted interviews with the complainant and with Hufnagel, as well as a witness, and collected scores of text messages exchanged between Hufnagel and the reporter. She alleged that Hufnagel had harassed her on a \u201cweekly\u201d or \u201cbi-weekly basis,\u201d and highlights one incident from January 2015. The two arranged to meet, and although she insisted on meeting for coffee, he wanted them to meet at a bar, so they went to a bar on Berkeley\u2019s main drag, Shattuck Avenue. She alleges that he had two beers and told her he wanted her to drive him home. She initially refused, and told him to take a taxi, but he insisted, so she drove his car back to his apartment. The reporter told investigators that when Hufnagel \u201cinformed me \u2018you\u2019re coming up,\u2019...he never asked me, as a question. He was asserting that would come in to his apartment as a statement of fact\u2014another attempt at establishing power.\u201d In his interview with investigators, Hufnagel told them he believed she would come upstairs willingly. In March, the two exchanged a series of text messages about setting up a meeting to discuss a specific story, at which point Hufnagel made repeated references to participating in a \u201cthree-way\u201d with an unnamed person. Days later, on March 23, she alleges that he provided her with misinformation on the story she had hoped to meet with him about, which she reported on as if it were true. She told investigators that was revenge for her rebuffing his advances in the garage. Hufnagel admitted that he may have mislead the complainant, but it was not because she refused to have sex with him, but because it was\u201cpart of his job to mislead and redirect media.\u201d The power dynamic in play here\u2014reporter relies on coach for information, coach exploits that need to his own ends\u2014kept going until May, when she(it appears) published something that enraged Hufnagel. He called her on the 22nd and yelled \u201cWhat the fuck were you thinking?\u201d at her, which she says \u201ctipped the scales\u201d for her and emboldened her to come forward with her allegations. In his meeting with investigators, Hufnagel ascribed a motive to the reporter\u2019s accusations\u2014though that motive is redacted here. But part of his argument was that she offered \u201cno clear indication whatsoever...to stop the behavior.\u201d The investigators did not buy Hufnagel\u2019s defense. In the report\u2019s conclusion, they found that Hufnagel did act as alleged (and admitted to much of it), and \u201cby a preponderance of the evidence,\u201d found that he violated the university\u2019s policy on sexual harassment. Hufnagel\u2019s actions, as judged by Cal\u2019s Office for the Prevention of Harassment and Discrimination, were found to be \u201cunwanted,\u201d \u201cof a sexual nature,\u201d and \u201cobjectively intimidating, hostile, or offensive.\u201d The report was referred to the athletic department on March 14. Hufnagel was fired within hours. 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Brooklyn Nets, March 6 home \u203a cal-investigation-finds-assistant-coach-sexually-harass-1765101970", "8369_103.pdf": "1 Complainant: , non-affiliate Respondent: Yann Hufnagel Berkeley Assistant Coach -- Men\u2019s Basketball Investigators: Investigator 1: Will Mallari Assistant Director/Deputy Title Officer; Investigator 2: Elizabeth Rome Complaint Resolution Officer Date of Report: March 14 2016 Conclusion: Finding of Policy Violation - Sexual Harassment I. Background and Reported Behavior On July 7, 2015, an Associate Athletic Director (\u201cAAD\u201d) at Berkeley contacted the Office for the Prevention of Harassment and Discrimination (\u201cOPHD\u201d) to report a potential sexual harassment of a non-affiliate, (the \u201cComplainant\u201d), by a member of Berkeley\u2019s coaching staff, Yann Hufnagel (the \u201cRespondent\u201d). The forwarded an email Complaint originally sent to a Head Varsity Athletics Coach on July 6, 2015 which detailed Complainant\u2019s concerns about enduring frequent and recurrent sexual harassment from Respondent in the course of her employment for On August 12, 2015 outreached to Complainant. Complainant responded within 24 hours and offered to discuss Complainant\u2019s concerns via telephone After a series of scheduling emails, Complainant agreed to come in for an in-person interview on August 25, 2015 On August 25, 2015, Complainant met with and reported that Respondent had sexually harassed her. Specifically, it was reported that: \u2022 Complainant was a who met informally with coaches, including Respondent, as part of her job. Respondent was the unofficial designee of Berkeley\u2019s Men\u2019s Basketball team regarding communications with the press surrounding \u2022 Over a period of time from November 2014 through May 2015, Complainant received sexually harassing communications from Respondent on a bi-weekly 2 basis in response to Complainant\u2019s attempts to communicate with Respondent for professional purposes. \u2022 On one occasion, prior to February 23, 2015, Respondent asked Complainant to drive him home after Respondent had been drinking and then he propositioned her for sex once she had driven her car into his building\u2019s garage and Respondent had closed the garage door after it\u2014using a remote control in his possession. \u2022 After Complainant refused Respondent\u2019s sexual advances, Respondent ceased providing information to Complainant and as Respondent was the singular source for obtaining information pertinent to Complainant\u2019s specific assignment at Complainant was no longer able to perform her job and was let go. II. Interim Measures The need for interim measures was evaluated. No interim measures were deemed necessary or appropriate in this case; and none were taken. III. Jurisdiction The Office for the Prevention of Harassment and Discrimination has campus-wide responsibility for responding to sex discrimination complaints, including sexual violence and sexual harassment, and implementation of the University of California Sexual Harassment and Sexual Violence Policy, which applies to the investigation and resolution of complaints against staff. IV. Applicable Policy The University of California Sexual Harassment and Sexual Violence Policy1 defines sexual harassment as: [U]nwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Sexual harassment is conduct that explicitly or implicitly affects a person\u2019s employment \u2026 or interferes with a person\u2019s work \u2026 or creates an environment such that a reasonable person would find the conduct intimidating, hostile, or offensive. The policy continues: Sexual harassment may include incidents between any members of the University community, including faculty and other academic appointees, staff, student employees, students, coaches, residents, interns, and non-student or non-employee participants in University programs (e.g., vendors, contractors, visitors, and patients). Sexual harassment may occur in hierarchical relationships, between peers, or between individuals of the same or opposite sex. To determine whether 1 The University of California Sexual Harassment and Sexual Violence Policy issued on February 25, 2014 is the version applicable to this case as it was the policy in effect at all times relevant to the facts. 3 the reported conduct constitutes sexual harassment, consideration shall be given to the record of the conduct as a whole and to the totality of the circumstances, including the context in which the conduct occurred. V. Summary Findings Based upon the evidence made a finding of responsibility against Respondent for the reported behavior, in violation of the Sexual Harassment and Sexual Violence Policy detailed discussion of the finding is included in Sections and VIII. VI. The Investigation A. Complainant\u2019s Statement On August 12, 2015, Investigator 1 outreached to Complainant. Complainant responded within 24 hours and they initially discussed speaking about Complainant\u2019s concerns via telephone they ultimately arranged to meet in person on August 25, 2015. On August 25, 2015, Investigator 1 met with Complainant at and she provided the following statement. At that time, Complainant was a non-affiliate Complainant said, \u201cAs a meet informally with coaches.\u201d For stories pertaining to Berkeley Men\u2019s Basketball, Complainant said she occasionally texted or tweeted messages to Respondent requesting to meet him for coffee in order to gather information. Complainant said Respondent would frequently turn the text conversations into sexual innuendos. Complainant noted Respondent was her only source of information and asserted, \u201cHe used his power.\u201d Complainant said she typically \u201cdeflected\u201d Respondent\u2019s sexual innuendos with humor, but \u201cwas not encouraging.\u201d Complainant recalled the unwelcome interactions with Respondent beginning in November 2014 and continuing through May 2015. Complainant estimated that, \u201c90 percent of [the] harassment [was] via text,\u201d and occurred approximately once every two weeks. Complainant also described an in-person incident that occurred in the parking garage of Respondent\u2019s residence, as detailed below. 4 Complainant recalled her first interaction with Respondent was during a telephone call facilitated by Complainant\u2019s boss who connected Complainant with Respondent \u201cas a resource.\u201d Complainant said the call lasted about five minutes and Respondent was \u201cnot inappropriate.\u201d Complainant said the first time Respondent was \u201cflirtatious\u201d or \u201cinappropriate\u201d was in mid- November 2014 about two weeks after their introductory telephone call. Complainant recalled telling her boss about Respondent\u2019s behavior shortly after it happened, and that both of them were supportive of her. Complainant recalled an in-person incident involving Respondent occurring sometime prior to February 23, 2015. Complainant said she had been attempting to meet with Respondent for coffee; and Complainant attended a Berkeley Men\u2019s Basketball game after which Respondent indicated he would be available for coffee. Complainant recalled waiting for an hour and a half after the game while Respondent was in a meeting. She said at about 11:30 p.m., Respondent finished the meeting and told Complainant, \u201cWe\u2019re going to a bar.\u201d Complainant said she wanted to find a coffee shop, but Respondent insisted on a bar; and Complainant suggested Jupiter because it had food too. Complainant recalled that other people met Complainant and Respondent there including Complainant said told her that Respondent hit on friend that night. Complainant said that Respondent drank one or two beers during the two hours they met at Jupiter, after which Respondent told Complainant he was too drunk to drive home and insisted that she drive him to his residence. Complainant described that she told him \u201cno\u201d and suggested he take a taxi, but Respondent was insistent and Complainant ultimately acquiesced. Complainant recalled driving Respondent to his apartment \u2014a street corner she described as being busy. Complainant said Respondent opened his apartment building\u2019s community parking garage for Complainant to drive her car into. Complainant said she did drive into the garage because there was no place on the street to pull over. Complainant said, once in the garage, Respondent directed her to park in a designated spot\u2014an elevator- operated \u201clift\u201d spot which would have suspended her car above the ground. Complainant said she did not park in the spot and felt Respondent was attempting to control her ability to leave. She recalled telling Respondent that she was just going to turn around; to which Respondent responded, \u201cYou\u2019re coming up.\u201d Complainant said she said, \u201cNo. I\u2019m going to leave now,\u201d but Respondent kept insisting. Complainant said she asked Respondent, \u201cAre you thinking that I\u2019m going to have sex with you?\u201d to which Respondent said, \u201cYes.\u201d Complainant recalled telling Respondent, \u201cNot going to happen \u2026 \u2026 you and are professional colleagues \u2026 not interested in you.\u201d Complainant noted that at that point the garage door was closed behind them with her car inside and Respondent indicated that he did not intend to let her out of the garage. Complainant recalled that she felt scared and ordered Respondent, \u201cLet me the fuck out 5 of here.\u201d She recalled Respondent \u201ctalked about oral sex,\u201d \u201c[Complainant] giving him oral sex.\u201d Complainant estimated remaining in the garage with Respondent for about 15 minutes. During that time, Complainant recalled being in the car for most of the time and Respondent being out of the car for most of the time. Complainant said Respondent did not touch her on that occasion or any other occasion. Complainant said that on March 17, 2015, Complainant requested a coffee meeting with Respondent and during electronic communications to set up the same, Respondent made sexual innuendos to Complainant implying, in Complainant\u2019s words, \u201cCome have a three-way with me and \u201d Complainant said that Respondent\u2019s texts in regards to scheduling a coffee meeting evidence Respondent\u2019s sexually suggestive references to his apartment, and specifically to his bed and couch. Complainant declined and re-directed Respondent\u2019s sexual innuendos. Complainant asserted that on March 23, 2015, Respondent provided Complainant with misinformation about Over an electronic exchange, Complainant asked Respondent if a specific Complainant indicated that she then reported that information in the course of her employment with Complainant said she later learned that Respondent had told other reporters that Complainant confronted Respondent and she recalled Respondent admitting that but Respondent insisting was telling everyone the same thing.\u201d Complainant believes Respondent provided her with this misinformation as retribution for declining his sexual advances. Complainant reported direct messaging (\u201cWitness 1\u201d) on Twitter on May 22, 2015 and requesting to talk. Complainant said Witness 1 called her on May 23, 2015 at which time she told him that she \u201cexperienced sexual harassment from [Respondent].\u201d Complainant recalled that Witness 1 cut her off and said, \u201cI\u2019m so angry.\u201d Complainant recalled Witness 1 responding to Complainant\u2019s report stating take this very seriously,\u201d and asserted his intention to \u201ctalk to [Respondent] right away.\u201d Complainant said that Witness 1 instructed Complainant, \u201cFollow-up with me in a couple of days.\u201d Complainant said she did not have the opportunity to detail the information to Witness 1 at that time. Complainant recalled sending a follow-up message to Witness 1 on May 25, 2015 and Witness 1 indicating, \u201cWe\u2019re meeting in the morning.\u201d Complainant characterized her attempts to follow up with Witness 1 regarding her initial report as unsuccessful. Complainant said that on May 26, 2015, she received a text from Respondent via Twitter stating need to call you. What is your phone number?\u201d Complainant said, \u201c[Respondent] tried to take advantage of the power imbalance.\u201d Complainant recalled that she told Witness 1 about the contact from Respondent and asked him if she should talk to Respondent. Complainant said, in response, Witness 1 said, \u201cThat\u2019s totally your choice.\u201d Complainant said that on July 5, 2015, she contacted Witness 1 and asked for his email address in order to provide him with the text exchanges between Complainant and Respondent. Witness 6 1 provided his email address to Complainant; and she emailed screenshots of the texts to Witness 1. B. Witness 1 Statement Investigator 1 interviewed Witness 1 at on October 23, 2015. Witness 1 was at the time of the reported incidents. Complainant provided Witness 1\u2019s name as a potential witness\u2014noting that she had initially reported her concerns about Respondent\u2019s conduct to him. Witness 1 provided the following statement. Witness 1 said that he never dealt with Complainant regarding media. Witness 1 recalled that Complainant called him in May 2015 and said want to talk to you about one of your assistant coaches.\u201d Witness 1 confirmed that Complainant initially contacted him on Twitter and he sent her his telephone number. Witness 1 said he had a brief discussion with Complainant during the telephone call; but he denied that she provided any details or described anything as constituting sexual harassment. Witness 1 recalled Complainant telling him that she went to Respondent\u2019s house, she drove Respondent home, and Respondent only had two drinks. Witness 1 said Complainant did not elaborate further. Witness 1 recalled asking Complainant if she felt mistreated. Witness 1 said he did not recall Complainant asserting that she did feel mistreated and he told Complainant, \u201cI\u2019ll have [Respondent] call you.\u201d Witness 1 said that Complainant never indicated that a call from Respondent to address her concerns would not be welcome. Witness 1 recalled telling Complainant, \u201cProceed how you need to proceed,\u201d and left it at that. Witness 1 said he followed up with Respondent to see if he had called Complainant. Witness 1 recalled that Respondent told him he had left Complainant a message. Witness 1 recalled that his last communication with Complainant was by email in which he asked her, \u201cHow do you want me to proceed?\u201d and Complainant never responded. Witness 1 said that he did not have any further conversations with Respondent or the Athletics Department staff about the matter. Witness 1 said that he has not received any other complaints about Respondent. 7 C. Respondent\u2019s Statement Investigator 1 met with Respondent at on October 23, 2015. At the outset of the meeting, Investigator 1 provided Respondent with a statement of the allegations, a copy of the University of California\u2019s Sexual Harassment and Sexual Violence Policy, an overview of OPHD\u2019s process, and information about the office of record. At that time, Respondent was an assistant coach for Berkeley\u2019s Men\u2019s Basketball team. He provided the following statement. Respondent said that he has been an assistant coach with Berkeley\u2019s Men\u2019s Basketball team since May 2014. Respondent recalled Complainant reaching out initially to him by either telephone or text when he first started in that role. Respondent said that Complainant worked for and it was her job to get information (e.g., information) from the Men\u2019s Basketball team\u2019s coaching staff. Respondent recalled that during his early interactions with Complainant he was of the impression that Complainant was \u201cprofessional.\u201d Respondent recalled going to Jupiter\u2014possibly after the Arizona game in January\u2014with Complainant, 2 and friend. Respondent stated Respondent said that a few days before the game, he had asked Complainant via text message if she wanted to go out after the game. Respondent acknowledged that his invitation \u201cwas a sexual advance.\u201d Respondent said, \u201cIn the back of my mind was like \u2026 obviously [Complainant]\u2019s willing.\u201d Investigator 1 asked if Respondent believed he was asking out Complainant at that point. Respondent replied, \u201cYes,\u201d and asserted believing that there was, \u201c1000% acceptance on her part.\u201d Respondent recalled that Complainant was waiting for him in the stairwell after the game. Respondent could not recall if he and Complainant walked or drove to Jupiter, but said that Complainant agreed to go. Respondent said that friend were at Jupiter and Respondent was not sure if Complainant was aware that they would be there. Respondent said he and Complainant were at Jupiter for about an hour. Respondent said that he did not drink at Jupiter because he drove. Respondent recalled that Complainant drank tea and thinking in the back of his mind that she was \u201cthe lamest girl ever.\u201d Respondent said that he drove Complainant from Jupiter to his apartment and that they were at the apartment building briefly. Respondent said that he asked Complainant if she wanted to come upstairs and 2 Investigator 1 asked Respondent if he would be okay with Investigator 1 contacting Respondent stated that he was okay with Investigator 1 doing so. Investigator 1 did not contact or interview in the course of the investigation as there was no suggestion that would be able to provide any new information relevant to resolving the matter in issue. 8 she said no. Respondent said that he then drove her back to her car, parked at a lot on Berkeley\u2019s campus between Channing and Haste on Ellsworth. Respondent asserted that the only time he ever spent any time with Complainant was on the Jupiter night. Respondent said that after that he realized that she was \u201ca total ditz\u201d and \u201cnot a good fit.\u201d Respondent said that the only text he could remember was the text conversation in which he referenced Respondent asserted a belief that . Respondent said that he thought the related text was sent after the Jupiter night when, \u201c[Complainant] asked me out for coffee believe.\u201d Respondent said said okay. Only if [ can come.\u201d Of the related text, Respondent acknowledged, \u201cInappropriate? Yes. Sexual harassment? No.\u201d Investigator 1 asked Respondent why he described the text as inappropriate. Respondent responded, \u201cBecause as a coach there should be no sexual undertones at all.\u201d Investigator 1 provided details of Complainant\u2019s statement to Respondent and asked him if he had any comments in response. Respondent said that he and Complainant did not have any discussion about where they would go after the game and did not discuss coffee versus a bar. Respondent said that he did not remember drinking at Jupiter and would be ashamed if he had because, normally, he would not drive if he had been drinking and Respondent did remember driving. Respondent denied that he and Complainant had any conversation about who would drive. Again, Respondent specifically recalled driving that night and parking his car in the elevated parking stall in his apartment building\u2014stating that there is a specific way to maneuver his car into his stall. Further, Respondent said he would never have allowed Complainant to drive his car\u2014 Respondent did recall that Complainant was with him when he positioned his car to park it in the elevated parking spot and tried to park it there when Complainant asked what he was doing. Respondent said, at that point, he suggested that he and Complainant go upstairs. Respondent explained, \u201cWith all candor was trying to trick her into going upstairs.\u201d Investigator 1 asked him if he had sexual or romantic intentions at that point with respect to Complainant; and Respondent replied, \u201cYes.\u201d Respondent acknowledged that after they had a conversation about going up to his apartment, he asked again and it was possible that during that conversation Complainant asked Respondent whether he thought they were going to have sex and Respondent replied affirmatively. Respondent said that Complaint had exited his car while he maneuvered it within the garage, but that he did not end up parking on the lift. She then returned to the vehicle. Respondent said it was possible that Complainant said, \u201c[L]et\u2019s get the fuck out of here,\u201d and that is when he drove her back to her own car. Respondent estimated that he and Complainant were in the parking garage for an amount of time closer to five minutes\u2014not fifteen minutes. Respondent explained that a clicker is needed to get into the parking garage of his residence and he keeps the clicker in his car\u2014he was 99 percent sure of this. Respondent said that his car would have been parked under Haas pavilion on that night and there was only a slim possibility that he had stopped by his car to get the clicker, if they took Complainant\u2019s car, as she reported. 9 Respondent continued and said that he recalled being in Complainant\u2019s car at some point because he could remember that her car \u201csmelled really bad.\u201d Respondent said he could not recall exactly when he was in Complainant\u2019s car, but did not think the car was moving at the time and thought maybe he had gotten into her car when he dropped her off. Investigator 1 showed Respondent the screenshots of the text exchange on March 17, 2015 as provided to by Complainant. Respondent reviewed the images and acknowledged that he authored the texts to Complainant. Investigator 1 specifically asked him to respond to the text which states, \u201cIt\u2019s only real when you are in the apartment with me and .\u201d Respondent said the text was inappropriate, but declined to characterize it as sexual harassment and described such a text as being indicative of the relationship he had with Complainant\u2014a relationship he further described as being \u201cplayful.\u201d Respondent conceded that the text referring to was meant as an innuendo to have \u201ca three-way.\u201d Respondent said that the innuendo was a joke because he would never have a three-way with Respondent asserted that Complainant never told him to stop; and he noted that she responded to the specific text conversation about with three smiley faces. Respondent denied that he was less helpful to Complainant about supplying information to Complainant after the mid-March 2015 text exchange; and he cited as an example the fact that she called to interview him on a Thursday in April before the Final Four. Respondent said that the April interview lasted over an hour and they had a good conversation. Respondent further asserted that he and Complainant had several interactions over the telephone and by text during which there were no date requests or innuendos made. In regards to Complainant\u2019s assertion about Respondent intentionally providing her with misinformation, Respondent stated that information is fluid and it changes. Respondent acknowledged telling Complainant that , but Respondent explained that he was under Witness 1\u2019s orders not to tell anyone in the media about the visit. Respondent said he told no less than ten other reporters the same information about that he told to Complainant. Respondent said he told on the telephone that ; and Respondent stated he was okay with Investigator 1 contacting to confirm this information. Respondent asserted that even if he did mislead Complainant with the information, it was not related to the fact that Complainant turned down his sexual advances. Respondent said that it is part of his job to mislead and redirect media. Respondent recalled that on May 22, 2015, Complainant texted him to ask what was happening Respondent said he had seen on a message board that and responded to Complainant\u2019s text with the word, Respondent said that such information was incredibly damaging to Berkeley and Respondent himself, and Respondent would not want that information getting out. Respondent showed the Investigator a post published on Cal message board stating, \u201cFrom Cal staff member, Respondent stated he received a screenshot from Witness 1 asking him about the source of the information. Respondent then called Complainant and told her that he found her actions very unprofessional. Respondent said that after he \u201cread [Complainant] the riot act,\u201d he deleted her telephone number and told her, \u201ctake [the post] down and never call me again.\u201d 10 Respondent acknowledged that he messaged Complainant via Twitter on May 26, 2015. Respondent thought that was likely when Witness 1 first came to him to reach out to Complainant as she had told Witness 1 that she was threatening to go to the newspapers. Respondent said that his intent in contacting Complainant on that date was to apologize, but Complainant never responded. Respondent explained that, in his understanding, has nothing to do with Berkeley. Rather, he understood that issued Complainant a credential that allowed her media access at Berkeley. Respondent said that he would never have the types of conversations that he had with Complainant with a Cal staff member. Respondent said he had a \u201cgut feeling\u201d that Complainant was trying to He offered that as a motive for Complainant to willingly engage with him, beyond soliciting information. Respondent also offered can say with candor that never touched [Complainant].\u201d Respondent questioned whether he ever even shook her hand. On October 24, 2015, Respondent emailed Investigator 1 and wrote, in relevant part, \u201c[G]iven [Complainant]\u2019s previous coupled with no clear indication whatsoever from her to stop the behavior,3 it would be, truthfully, almost impossible to conclude that these types of \u2018locker room messages\u2019 were unwanted.\u201d Further, Respondent asserts the information he provided to Complainant regarding was \u201coff the record.\u201d Respondent provided several photographs of the parking garage at his residence and screenshots of his text messages to Complainant and as attachments to the October 24, 2015 email. Respondent sent Investigator 1 another email on October 25, 2015 and submitted additional information to the effect that he provided the same information as he provided to or withheld from Complainant as he provided to or withheld from Respondent provided screenshots of his text messages to as attachments to the October 25, 2015 email. In addition, Respondent provided links to and biography on website and a March 23, 2015 article about written by and and published on D. Complainant Second Statement On January 8 2016, Investigator 2 met with Complainant at OPHD, who provided the following additional statement. Investigator 2 explained that the purpose of the follow-up meeting was to address some inconsistencies and collect some additional information. Investigator 2 asked Complainant to clarify who drove whose car into Respondent\u2019s parking garage on the Jupiter night in January 2015. Complainant was adamant\u2014\u201c100% positive\u201d\u2014that she had driven her car with Respondent as a passenger into Respondent\u2019s parking garage on that night. Complainant recalled that she had just gotten some garlic shots4 in her car, she warned Respondent that they might smell, and he said he couldn\u2019t smell them. Complainant stated that the car she had at that 3 (Emphasis in original). 4 garlic shot is touted as an immunity booster. It consists of mashed garlic, lemon juice and cayenne pepper and is to be taken by mouth several times a day at the first sign of cold or flu symptoms. 11 time was very similar to Respondent\u2019s\u2014 . Investigator 2 asked if Complainant recalled whether or not Respondent had the garage fob on him, they stopped to get it out of Respondent\u2019s car, or something else. Complainant recalled stopping by Respondent\u2019s car\u2014 which was parked in a garage on Channing either prior to or after going to Jupiter. Complainant was not sure if he got the fob out of the car at that time, but she recalled making the stop. Investigator 2 asked whether Complainant was certain Respondent consumed alcohol at Jupiter on the night of the parking garage incident. Complainant reiterated that she was positive that Respondent drank two beers at the restaurant and again noted that she did not consume any alcohol that night. Investigator 2 asked Complainant about and the significance, if any, she perceived his image or name having as related to the electronic evidence in the case. Complainant asserted a belief that Respondent used the text messages about and photographs of to convey to Complainant a message that Respondent \u201cowned\u201d and Complainant should not try to have a good relationship with Complainant believed that when Respondent mentioned or sent a picture depicting to Complainant that Respondent was trying to tell her that he still had the power to control the media messages\u2014 even if she was trying to circumnavigate Respondent and go to for information about the Complainant provided that it is not unusual for writers such as herself to build relationships with to get more information, but that it is sometimes difficult to get information from Complainant stated that she first met her now-friend at Jupiter on the night of the parking garage incident. Complainant provided that is a mutual friend of Complainant\u2019s and Respondent\u2019s. Complainant stated that in working for she was paid . Complainant stated that in this way, she felt that Respondent knew he had all the power in the relationship. In Complainant\u2019s view, Respondent had the power to scoop a story to based on which media outlet he chose to favor; and Complainant believed Respondent would withhold information or lie because she rebuffed his sexual advances. Investigator 2 asked Complainant when she began approaching other people on to collect information. Complainant stated that she could not put an exact date on it because on such an assigned beat it is routine for a writer to build relationships with the Investigator 2 asked Complainant if she could recall any specific communications with Respondent between March 23 and May 21, 2015. Complainant showed Investigator 2 some additional electronic correspondence from Respondent during that time period concerning her 12 ability to get into the high school state championships. Investigator 2 asked her if she was willing to provide those communications to and she stated that she was. Investigator 2 asked about the information and she stated that Respondent never communicated to her in advance of her publishing the piece that the information he provided to her about the same was off-the-record information. Complainant asserted that in the industry there is an understanding\u2014a default assumption\u2014that if Respondent\u2019s role is talking the media about sports information, any information he provides is for publication unless otherwise specified. Complainant recalled receiving a telephone call from Respondent on May 22, 2015; Respondent was yelling and asking her, \u201cWhat the fuck were you thinking?\u201d Complainant stated that for the first part of the telephone call she did not know what Respondent was so upset about, but then he said source close to the At that point, Complainant realized that Respondent was calling about the piece that she had just published. Complainant described Respondent as a person who can \u201cchange emotion on a dime.\u201d Complainant stated Respondent\u2019s demeanor was unpredictable\u2014sometimes he was \u201cvery sweet\u201d and \u201cprofessional,\u201d other times not. Investigator 2 asked Complainant about an hour-long telephone conversation with Respondent in April 2015. Complainant responded that she interviewed Respondent in April 2015 for a \u201csunshine pumping piece\u201d was putting together on Complainant opined that it was in Respondent\u2019s interest to participate in the interview for the piece Complainant stated that by the time the piece was slated for publication, Complainant\u2019s supervisor was frustrated with Respondent\u2019s behavior towards Complainant and decided not to publish the portion about Respondent. Investigator 2 asked Complainant what her assigned beat was at the outset of her employment with Complainant stated it was Berkeley Men\u2019s Basketball reporting and as well as some additional pieces focusing on other sports\u2019 teams she was interested in. Complainant stated that her editors were really supportive and tried to make it work, but she did not know how to make it work had no idea where to go.\u201d Complainant explained that to attempt to do her job without Respondent\u2019s help or access to Respondent would have required her to have working relationships with multiple which was untenable. Complainant stated that at the outset, someone at gave her Respondent\u2019s telephone number and told her that he was going to be her contact. Complainant asserted that covering Berkeley Men\u2019s Basketball was harder than a sport like football because there were fewer assistant coaches who could potentially provide information on When talking about trying to get the information she needed to write about Men\u2019s Basketball Complainant stated that it was not really possible to get the needed information from anyone other than Respondent. Complainant stated that she felt very beholden to Respondent because of the dynamic of Respondent having the information and knowing that Complainant needed that 13 information. Complainant stated that she felt Respondent tried to exploit that dynamic. Complainant stated that Respondent\u2019s behavior pattern was a problem for her. Complainant acknowledged that she played along with Respondent\u2019s behavior because she did not see a viable alternative that would also allow her to do her job. Complainant stated that she never would have allowed another man in her life to treat her the way Respondent treated her. Complainant stated that she knew she would report him at some point; and she described the May 22, 2015 screaming telephone call from Respondent as the action that tipped the scales for her and led her to report him. Complainant noted that she also knew at that point that she would not likely have to see or encounter Respondent in person because she was in Complainant stated that at the point that she stopped working for Investigator 2 asked about the person or persons who covered the Berkeley Men\u2019s Basketball team news prior to and after Complainant\u2019s doing so. Complainant indicated that the assigned reporters were both male, but disclosed that the Berkeley Men\u2019s Basketball coaching staff did not have a very good relationship with her predecessor either due to a difference of opinion regarding Complainant provided her boss at as a potential witness. 5 Complainant stated even after she reported her concerns to Witness 1, Respondent continued to try and exert power over her. Complainant showed Investigator 2 a tweet from Respondent to Complainant on May 26, 2015 where he asks her to provide him with her telephone number and saying that he \u201cneed[ed]\u201d to speak with Complainant later that day. Complainant stated that the tweet was worded so as to present his message as a demand, not an option and was not sensitive to the matter at hand. E. Documentary Evidence Complainant\u2019s email to Witness 1 On September 1, 2015, Complainant forwarded Investigator 1 a copy of the email she originally sent to Witness 1 on July 5, 2015. The email states, in relevant part wanted to continue our dialogue in regard to [Respondent only briefly touched upon the extent of his harassment of me in our two conversations want to be sure to do so particularly in light of something you said in our last conversation. You told me that you take this very seriously, and that you were hoping it was just an isolated incident. 5 did not contact in the course of its investigation as information he could likely provide did not appear immediately relevant to the matter under investigation or would be unnecessarily duplicative of information already received from other sources. 14 should have been clear at the time \u2026 this was not an isolated incident. Conversely, [Respondent]\u2019s harassment of me spanned a period of months, since last October, until about a month and a half ago, when we first spoke about it. He did not harass me on a daily basis. If were to estimate the frequency would say probably on a weekly basis, [Respondent] would make an inappropriate/sexual/degrading comment to me, or we would have an extended exchange during which he would make multiple such comments. While most of the interaction that term harassment occurred via text message (several of which will attach to this email for your reference [and she did attach some screenshots of her text exchanges with Respondent also had experiences in-person with [Respondent] where he sexually propositioned me made it clear that there was no mutual interest in any kind of relationship outside of a professional one, and furthermore, that was uncomfortable based on the professional relationship that we presumably would both strive to create and maintain. Here is what feel is the biggest example of that had requested repeatedly to meet [Respondent] for coffee, at the suggestion of my boss, in order to discuss He continually put off our meeting, but finally agreed to meet after a game. By the time he got out of his meeting with you and the other coaches, it was well past 11 wasn\u2019t sure if we were still going to meet, but wanted to try to make it happen because hadn\u2019t been successful so far in getting him to have coffee with me. He told me that we were meeting his friend, and asked me where a good place was suggested Jupiter\u2019s, a place that serves food late \u2026 We went to Jupiter\u2019s \u2026 [Respondent] ordered a couple of beers ordered a green tea. We met his friend and a friend of his friend, and stayed for a little over an hour. At that point, [Respondent] insisted that drive him back to his apartment and said he was too drunk to drive didn\u2019t want to question that for safety reasons, but just to let you know, he\u2019d only had two beers\u2014over the span of an hour and a half did not at that time, and do not now, believe for a second that he was too drunk to drive was very clear that planned to drop him off at his apartment. He said, \u2018You\u2019re coming in told him was not coming in. When we got to his apartment, which is at , a busy intersection couldn\u2019t pull over because even at that hour there was plenty of fast-moving traffic. He opened his garage, and drove in, thinking he had done so 15 because the traffic wouldn\u2019t have allowed me to simply stop on the street safely. As soon as drove in, the garage door closed behind me, and he motioned for me to pull over into a spot \u2013 but not just a normal spot, a spot where my car would have been stacked on top of another car, and would have needed assistance (obviously) if had wanted to leave and get my car down want to highlight the way that [Respondent] was creating a situation in which he would have had power over me \u2013 he would have had the power to dictate if/when could leave, had not first realized what was happening told him that did not need to pull my car into that spot. He told me did, and again informed me: \u2018You\u2019re coming up.\u2019 Notably, he never asked me, as a question. He was asserting that would come in to his apartment as a statement of fact \u2013 another attempt at establishing power. He continued to insist that come up to his apartment. He also explicitly sexually propositioned me continued to decline, ask to leave. After about ten minutes, he relented to open the garage door so that could leave. Complainant\u2019s Text Messages Complainant provided screen shots of text messages she exchanged with Respondent on dates pertinent to Complainant\u2019s allegations of sexual harassment. The relevant portions of the text exchanges read: Monday, February 23, 2015 \u2013 11:58 a.m. Complainant: \u201cHey[,] want to meet for coffee this week?\u201d Respondent: \u201cNo. Let\u2019s plan on Vegas during the pac-12 tournament at the mgm!\u201d Complainant: \u201cI\u2019m not going[.] Berkeley this week. You have time[?]\u201d Monday, February 23, 2015 \u2013 3:01 p.m. Complainant: \u201cHonestly would just really like to meet up with you and catch up \u2026 Not in a bar or a casino know that\u2019s an insane thing to ask but do you think we can manage it?\u201d Respondent like the casino bar.\u201d Tuesday, March 17, 2015 \u2013 12:35 a.m. Complainant: yes?\u201d Respondent: \u201cYes[.]\u201d 16 Tuesday, March 17, 2015 \u2013 4:09 p.m. Complainant: \u201cCoffee soon [smiling emoticon]\u201d Respondent: \u201cI\u2019m only coming if [ comes too.\u201d Complainant: \u201cYou guys are so in love!\u201d Respondent: \u201cThat\u2019s my man. No [ no coffee.\u201d Complainant: Respondent was?\u201d Complainant: \u201cThat\u2019s when it\u2019s real[.]\u201d Respondent: \u201cIt\u2019s only real when you\u2019re in the apartment with me and [ That\u2019s when it\u2019s real.\u201d Complainant: \u201cOmg [three emoticons of a laughing until crying face][.]\u201d Respondent: \u201c[Emoticon of a smug/flirty face] We\u2019ll do the coffee first \u2026\u201d Complainant: \u201cSo you\u2019re making coffee for the three of us[?] Respondent: \u201cThe coffee will be at Starbucks.\u201d Complainant: \u201cNo apartment necessary[.]\u201d Respondent: \u201cFor coffee, no.\u201d Complainant: \u201cSo you\u2019re making us food at your house?! You\u2019re the best[.]\u201d Respondent: \u201cFunny. Really the only two places am in my apartment are the bed and the couch \u2026\u201d Complainant: \u201cSo you\u2019re saying you do all of your meal preparation in the living room[?] Unconventional[,] [b]ut guess it works!\u201d Thursday, March 19, 2015 \u2013 4:57 p.m. Complainant: \u201cThanks [Respondent][.] Would love to have coffee some time[.] Just fyi [sic] cool[.]\u201d Respondent: [Photograph of walking on the street and away from the camera] \u201cAgain only if he can come.\u201d 17 Thursday, March 19, 2015 \u2013 8:08 p.m. Complainant: \u201cSince when are you two bffs [sic][?]\u201d Respondent: \u201cThat\u2019s just my dude.\u201d Complainant: \u201cAlright let\u2019s all have coffee[.] Also[,] [c]an you fill me in on what is happening with Respondent: \u201cWhen the 3 of us are in the apartment, yah.\u201d Complainant: \u201cWaiting on him[,] [Respondent] no. Starbucks[.]\u201d Respondent: \u201cJust let [ kno[w] when that [sic] gone [sic] be and I\u2019ll make sure I\u2019m there. Nope.\u201d Complainant: \u201cStar[.] Bucks[.]\u201d Respondent: \u201cNope. After.\u201d Complainant: \u201cAfter?\u201d Respondent: \u201cAfter we get done on the couch we can go downstairs, yah.\u201d Complainant: \u201cYou have a coffee maker on your couch I\u2019m assuming[?]\u201d Respondent: \u201cNope ain\u2019t [sic] got shit there[.]\u201d Complainant: Respondent: \u201cBesides a couch n [sic] a bed in my spot which is really all need honestly[.]\u201d Undated in screenshot, but immediately prior to a conversation on Monday, March 23, 2015 Complainant: Respondent: \u201cNo.\u201d Complainant: \u201cLiterally no truth to that?\u201d Respondent: \u201cI\u2019m in [L.A.] We have no1 [sic] on campus today.\u201d 18 Monday, March 23, 2015 \u2013 7:32 a.m. Complainant: \u201cHow come is reporting that Respondent: \u201cHe did. Last night. Complainant: \u201c[Respondent] are you actually trying to make me look bad[?] You understand exactly what you just did [a]nd there\u2019s no reason for it[.]\u201d Respondent was telling ever[y] 1 [sic] the same thing [n]ot just you[.] We weren\u2019t confirming anything. Complainant: \u201cYou\u2019re playing games[.]\u201d Friday, March 27, 2015 \u2013 11:45 a.m. Complainant: \u201cHey [Respondent]. won\u2019t credential me and would like to be able to go to the game tomorrow. Is there any way you can get me in?\u201d Respondent: \u201cJust buy a ticket think that\u2019s easy right?\u201d Complainant: \u201cSo you\u2019re unable to help?\u201d Respondent: \u201c[Photograph of Respondent and with heads together looking directly into the camera]\u201d Complainant: \u201cOh great I\u2019ll be sure to present that picture at the door tomorrow that helps a lot[.]\u201d Respondent\u2019s Text Messages6 Respondent provided (via email attachments on October 24, 2015 and October 25, 2015) screen shots of text messages he exchanged with Complainant and on dates pertinent to Complainant\u2019s allegations of sexual harassment. The relevant portions of the text exchanges read: March 23, 2015 \u2013 4:51 p.m [sic] dirty dog[.]\u201d 6 Respondent provided some screenshots of text messages that were not relevant to the issues in question; and therefore, they were not considered. Those screenshots include: (1) messages between Respondent and on Saturday, January 24, 2015 at 11:04 p.m.; and (2) messages between Respondent and Complainant on Tuesday, May 19, 2015 at various times. 19 Respondent: \u201cWhat???\u201d \u201c[Link to and March 23, 2015 article on titled Respondent: \u201c[Witness 1].\u201d \u201cTell him said he\u2019s a beast. And quote me[.] Why are u [sic] so quiet[?] [F]irst time in your life[.]\u201d Respondent: \u201cThe crazier thing is I\u2019ve been able to keep my migh [sic] shut for 4 months! [Two emoticons illustrating laughing until crying]. You beat me 2 that.\u201d \u201cCRAZY. Amazed[.]\u201d April 26, 2015 \u2013 4:56 p.m. \u201c[Respondent] [b]e real w[ith] me [sic] all heard from Respondent: \u201cSup[?] No haven\u2019t talked with or in a few hours tho [sic][.] I\u2019m on that plane[.]\u201d May 1, 2015 \u2013 4:26 p.m. \u201cCalls will come tonight think soon[.]\u201d Respondent: \u201cMan! [H]ere we go[.] Respondent: \u201c[F]or sure?\u201d May 22, 2015 \u2013 10:55 a.m. Complainant: \u201cWhat\u2019s happening with Respondent: \u201cProbably not much Complainant: \u201cEw[,] weird 20 Respondent: \u201cIf he gets past his Complainant: \u201cAh[,] so not a guarantee that he even will[.]\u201d Respondent: \u201cThat\u2019s right. I\u2019m lifting[.]\u201d Complainant: \u201cHas he been to Respondent: Complainant: \u201cAh okay. Have fun lifting. Thanks, talk soon.\u201d Photographs Respondent took and provided to Investigator 1 (via email attachment on October 24, 2015) photographs of his car, parking garage entrance, garage space, garage door opener, and parking space elevator fob. Respondent\u2019s car is shown to be . One photograph depicts the display panel on the lift unit in Respondent\u2019s parking garage. The photograph shows the specific dimensions and weight limit programmed for space #20 as being 2,000 kg, 500 cm in length, and 150 cm in height. March 23, 2015 Respondent provided Investigator 1 with a link to posting Respondent provided (via email attachment on October 24, 2015) a screenshot of Complainant\u2019s posting on regarding 21 VII. Analysis and Findings of Fact A. Standard of Evidence: Preponderance of the Evidence In evaluating allegations of sexual harassment and sexual violence, the \u201cpreponderance of the evidence\u201d standard is used. Under this standard, individuals are presumed not to have engaged in the alleged conduct unless a \u201cpreponderance of the evidence\u201d supports a finding that the conduct occurred. This \u201cpreponderance of the evidence\u201d standard requires that the evidence supporting each finding be more convincing than the evidence offered in opposition to it. In other words, the alleged conduct must be \u201cmore likely than not.\u201d B. Fact Finding: Did Respondent behave as alleged? Respondent admitted he engaged in the conduct Complainant alleged. Respondent acknowledged making repeated sexual innuendos to Complainant via electronic communication\u2014including suggesting her participation in a three-way sexual encounter with him and Respondent offered that, at the time, he believed Complainant would be willing to have sex with him . Further, Respondent recounted trying to \u201ctrick her\u201d into going up to his apartment to have sex. The Investigators also found Complainant\u2019s account credible that Respondent repeatedly insisted that she accompany him up to his apartment, even after she declined and while she was closed into Respondent\u2019s parking garage and Respondent was in control of her ability to get out of the garage. Respondent\u2019s own admissions, together with Complainant\u2019s credible account, demonstrate that it is more likely than not that Respondent behaved as alleged. C. Did the Alleged Behavior Violate the Policy? According to the Policy, sexual harassment may include incidents between staff and non- employee participants in University programs (e.g., visitors). Complainant had a legitimate business purpose for interacting with Respondent in his capacity as a University representative. Accordingly, the Policy applies to Respondent\u2019s reported conduct violation of the Policy occurs when each of the following elements are met: (1) unwelcome conduct; (2) of a sexual nature; that is: (3) objectively intimidating, hostile, or offensive. a. Respondent\u2019s conduct was unwelcome. Neither Complainant\u2019s nor Respondent\u2019s accounts of the in-person interactions includes Complainant indicating a desire to or agreeing to engage in any sexual conduct with Respondent. Complainant credibly asserts that on or about January 24, 2015, when she was in the parking garage with Respondent, she clearly communicated to him that she was not going to have sex with him, , she was not interested in Respondent in that way, and they were professional colleagues. Complainant stated that Respondent continued to insist that she come upstairs, Complainant asked to be let out of the parking garage, and Respondent indicated to Complainant that he did not intend to let her out of the parking garage. Complainant reported feeling \u201cscared\u201d and demanding to be let out. Subsequently, Respondent made several and 22 repeated sexual innuendos by text message to Complainant. The sexual innuendos revolved around Complainant participating in a three-way sexual encounter along with Respondent and The text message evidence in response to Respondent\u2019s innuendos is consistent with Complainant stating that she typically \u201cdeflected\u201d Respondent\u2019s innuendos with humor, but was \u201cnot encouraging.\u201d Further, the text conversations bear out Respondent making sexual innuendos and Complainant repeatedly trying to refocus the conversation back to meeting up for coffee at a neutral location or collecting information. Complainant described \u201cput[ting] up\u201d with Respondent\u2019s behavior as a means to an end when she believed there was not a good alternative source for the information she needed in order to do her job. Despite Respondent attempting to justify his conduct by asserting that there was \u201cno clear indication whatsoever from her to stop the behavior,\u201d the facts show otherwise and it is clear that Respondent\u2019s conduct was unwelcome to Complainant. b. Respondent\u2019s conduct was of a sexual nature. Respondent\u2019s in-person and electronic communications with Complainant were sexual in nature. Moreover, they constituted \u201csexual advances\u201d as specifically proscribed by the Policy. When discussing the in-person interaction between Respondent and Complainant in Respondent\u2019s parking garage on a night in late January 2015, Respondent told Investigator 1, \u201cWith all candor was trying to trick her into \u2026 go upstairs.\u201d Respondent acknowledged harboring sexual or romantic intentions at that point with respect to Complainant; and he communicated to her a belief that they were going to have sex that night. Respondent acknowledged to Investigator 1 that he asked Complainant out that night and that his invitation \u201cwas a sexual advance.\u201d Respondent acknowledged to Investigator 1 that when he asked her to meet after the game he believed that she was likely willing to have sex . Complainant\u2019s account of that night includes Respondent verbally propositioning her for oral sex and repeatedly insisting that she come upstairs to his apartment with him while she was in her car which was trapped inside of Respondent\u2019s parking garage at the time. While Respondent\u2019s and Complainant\u2019s versions of whose car they drove into the parking garage and how long they were in the parking garage differ, those discrepancies have little bearing on the facts relevant to the issue at hand. Respondent agrees that he asked Complainant more than once to come upstairs, possibly told her he believed they were going to have sex, and Complainant told him, \u201cNo.\u201d When Investigator 1 questioned Respondent about his communications with Complainant, specifically the texts referencing Respondent labeled the texts as \u201cinappropriate.\u201d When asked to explain why he defined the texts as being inappropriate, Respondent directly acknowledged the sexual nature of the texts to Complainant by stating, \u201cBecause as a coach [there] should be no sexual undertones at all.\u201d Respondent further acknowledged that the texts to Complainant referencing were meant to suggest that he and Complainant have a three- way sexual interaction with While Respondent asserted that these types of communications were in keeping with the \u201cplayful\u201d nature of his relationship with Complainant and that, for instance, the three-way innuendo was in jest, it is clear on these facts that Respondent\u2019s in-person and electronic conduct was of a sexual nature and was experienced as such by Complainant. 23 c. Respondent\u2019s conduct was objectively intimidating, hostile, or offensive. In this case, Complainant related the first \u201cinappropriate\u201d or \u201cflirtatious\u201d communication from Respondent to Complainant occurred in mid-November 2014\u2014approximately two weeks after the two were introduced to one another as professional contacts more severe - and the only in- person - interaction occurred on or about January 24, 2015. During that incident, Complainant felt physically confined by Respondent within Respondent\u2019s parking garage. Respondent\u2019s and Complainant\u2019s accounts both acknowledge Respondent asking more than once for Complainant to come up to Respondent\u2019s apartment and Respondent verbally acknowledging to Complainant a belief that they were going to have sex. Complainant described feeling \u201cscared\u201d and demanding that Respondent let her out of the garage as he had the fob to operate the garage door. In mid-March 2015, Respondent acknowledged sending Complainant a series of text messages containing sexual innuendos to participate in a three-way sexual encounter with Respondent and . In late March 2015, Respondent again\u2014by virtue of the context of the previous text messages in mid-March--proposed a three-way sexual encounter between Respondent, and Complainant. He did this when he sent a picture of himself and together and looking into the camera in response to Complainant asking Respondent to get her access to a championship game. Complainant credibly provided that Respondent\u2019s inappropriate electronic contacts continued on a bi-weekly basis until mid-May 2015 when Complainant reported Respondent to Witness 1. In this case, Respondent\u2019s conduct was pervasive in that it continued over a six-month span and consists of at least one severe incident in which Respondent caused Complainant to feel scared and physically trapped in an enclosed space controlled by Respondent while he repeatedly propositioned her for sex despite her refusals and declinations. In this way, Respondent\u2019s conduct was objectively intimidating, hostile, or offensive\u2014repeatedly propositioning Complainant for sex and, in some cases, suggesting that her participation in sex with Respondent would grant her greater access to parts of the sports world in Respondent\u2019s control. Further, to show the objectively offensive nature of Respondent\u2019s communications with Complainant, Respondent stated to Investigator 1 that he would never have the types of conversations with a Cal staff member that he had with Complainant. VIII. Conclusion Investigator 1 and Investigator 2 evaluated the record of the allegations as a whole and gave consideration to the totality of the circumstances, including the context in which the alleged behavior occurred. The evidence gathered was weighed by a preponderance of evidence standard. It supports the conclusion that Respondent behaved in violation of the Sexual Harassment and Sexual Violence Policy refers this matter to the Intercollegiate Athletics Department for appropriate disposition."} |
7,749 | Arthur H. Miller | University of Iowa | [
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] | {"7749_101.pdf": "University of Iowa reaches settlement with student over fondling claim against late professor UPDATE: The University of Iowa has agreed to a financial settlement with a former student who sued the school after she was pressured to let a troubled political science professor fondle her in exchange for a higher grade, lawyers involved in the case told The Associated Press. The settlement avoids a potentially embarrassing and painful trial over the university's handling of misconduct allegations against Arthur H. Miller, who committed suicide in 2008 after he was charged with trying to trade higher grades for sexual favors from the plaintiff and three other female students. The plaintiff's attorney, Sara Riley, said the settlement requires her and her client not to disclose the terms, including the amount to be paid out believe the words we can say are, 'we're happy, we're pleased'. The case is resolved,\" said Riley, who works out of Cedar Rapids. The Iowa Attorney General's Office, which negotiated the settlement for the university during a mediation session last week, declined to release a copy, saying the document isn't final. But university spokesman Tom Moore said in a statement Wednesday that the sides reached a settlement that was \"acceptable to both sides,\" and that school wouldn't comment further. An attorney for Miller's estate, Steven Ballard, said he was informed of the settlement, which will allow the estate to close. Miller had been one of the university's star political scientists after joining the faculty in 1985, founding the university's Heartland Poll and often speaking as an expert on politics and the first-in-the-nation Iowa caucuses. But he stepped down from his polling institute before it was closed in 2001 to return to teaching full-time. Police said Miller asked four students in his public opinion class to show him their breasts during meetings in his office at the end of the spring 2008 semester, when they were negotiating final grades. The women were apparently targeted because they were graduating seniors planning to soon leave Iowa City. The plaintiff, who has since moved to the Boston area, told investigators that Miller grabbed and sucked on her breast after telling her she would have to \"do something\" for him to get a higher grade, according to a criminal complaint. After the May 8, 2008 encounter, he sent an email congratulating her on getting on \"A+\" in the class and offering to meet again to discuss how he could help her get into law school. The next day, her aunt contacted the university's Office of Equal Opportunity and Diversity, which handles sexual harassment claims, to report the incident and the email her niece received. Rather than take immediate action to protect students, the office set up a meeting with the plaintiff for May 12, she said in her lawsuit. Miller sexually harassed two more students May 12, and a fourth the following day, according to criminal complaints. He told one student he'd give her an if she let him fondle her breasts, and sent her an email after she complied trying to meet again and saying lasting memory of a lovely Monet cannot be formed in 20 seconds.\" He told another that women often show their breasts for beads during Mardi Gras, and this was more important because \"her grade was on the line.\" One student left his office after he asked her to take off her shirt. The university's internal investigation weeks later concluded that Miller engaged in egregious behavior and interfered with students' education, but the school did not immediately initiate disciplinary proceedings, the lawsuit said. After learning of her complaint, Miller gave the woman a B+ instead of the A+ he'd promised, it claimed. The woman received counseling from the Rape Victim Advocacy Program, and her lawsuit sought damages for medical expenses and emotional distress. In August 2008, Miller was charged with four counts of accepting bribes and released on bail few days later, he fatally shot himself in a remote area of an Iowa City park. He was 66. Associated Press Feb. 1, 2012 11:34 am Arthur Miller 2/17/25, 12:28 University of Iowa reaches settlement with student over fondling claim against late professor | The Gazette 1/2 The woman filed a lawsuit in 2010 after the university's general counsel, Carroll Reasoner, offered to settle her complaint by refunding her the $1,000 cost of tuition she paid for the class, Riley said. She said her client found that offer insulting, as did the mediator for the Iowa Civil Rights Commission, who had driven to Iowa City through a blizzard second student was initially part of the lawsuit, but later dropped her legal claim after moving out of Iowa. The lawsuit said the school failed to ensure the safety of students and knew Miller had \"a propensity to engage in sexual harassment of female students\" but continued to employ him. 2/17/25, 12:28 University of Iowa reaches settlement with student over fondling claim against late professor | The Gazette 2/2", "7749_102.pdf": "University of Iowa reaches settlement with student over fondling claim against late professor UPDATE: The University of Iowa has agreed to a financial settlement with a former student who sued the school after she was pressured to let a troubled political science professor fondle her in exchange for a higher grade, lawyers involved in the case told The Associated Press. The settlement avoids a potentially embarrassing and painful trial over the university's handling of misconduct allegations against Arthur H. Miller, who committed suicide in 2008 after he was charged with trying to trade higher grades for sexual favors from the plaintiff and three other female students. The plaintiff's attorney, Sara Riley, said the settlement requires her and her client not to disclose the terms, including the amount to be paid out believe the words we can say are, 'we're happy, we're pleased'. The case is resolved,\" said Riley, who works out of Cedar Rapids. The Iowa Attorney General's Office, which negotiated the settlement for the university during a mediation session last week, declined to release a copy, saying the document isn't final. But university spokesman Tom Moore said in a statement Wednesday that the sides reached a settlement that was \"acceptable to both sides,\" and that school wouldn't comment further. An attorney for Miller's estate, Steven Ballard, said he was informed of the settlement, which will allow the estate to close. Miller had been one of the university's star political scientists after joining the faculty in 1985, founding the university's Heartland Poll and often speaking as an expert on politics and the first-in-the-nation Iowa caucuses. But he stepped down from his polling institute before it was closed in 2001 to return to teaching full-time. Police said Miller asked four students in his public opinion class to show him their breasts during meetings in his office at the end of the spring 2008 semester, when they were negotiating final grades. The women were apparently targeted because they were graduating seniors planning to soon leave Iowa City. The plaintiff, who has since moved to the Boston area, told investigators that Miller grabbed and sucked on her breast after telling her she would have to \"do something\" for him to get a higher grade, according to a criminal complaint. After the May 8, 2008 encounter, he sent an email congratulating her on getting on \"A+\" in the class and offering to meet again to discuss how he could help her get into law school. The next day, her aunt contacted the university's Office of Equal Opportunity and Diversity, which handles sexual harassment claims, to report the incident and the email her niece received. Rather than take immediate action to protect students, the office set up a meeting with the plaintiff for May 12, she said in her lawsuit. Miller sexually harassed two more students May 12, and a fourth the following day, according to criminal complaints. He told one student he'd give her an if she let him fondle her breasts, and sent her an email after she complied trying to meet again and saying lasting memory of a lovely Monet cannot be formed in 20 seconds.\" He told another that women often show their breasts for beads during Mardi Gras, and this was more important because \"her grade was on the line.\" One student left his office after he asked her to take off her shirt. The university's internal investigation weeks later concluded that Miller engaged in egregious behavior and interfered with students' education, but the school did not immediately initiate disciplinary proceedings, the lawsuit said. After learning of her complaint, Miller gave the woman a B+ instead of the A+ he'd promised, it claimed. The woman received counseling from the Rape Victim Advocacy Program, and her lawsuit sought damages for medical expenses and emotional distress. In August 2008, Miller was charged with four counts of accepting bribes and released on bail few days later, he fatally shot himself in a remote area of an Iowa City park. He was 66. Associated Press Feb. 1, 2012 11:34 am Arthur Miller 2/17/25, 12:28 University of Iowa reaches settlement with student over fondling claim against late professor | The Gazette 1/2 The woman filed a lawsuit in 2010 after the university's general counsel, Carroll Reasoner, offered to settle her complaint by refunding her the $1,000 cost of tuition she paid for the class, Riley said. She said her client found that offer insulting, as did the mediator for the Iowa Civil Rights Commission, who had driven to Iowa City through a blizzard second student was initially part of the lawsuit, but later dropped her legal claim after moving out of Iowa. The lawsuit said the school failed to ensure the safety of students and knew Miller had \"a propensity to engage in sexual harassment of female students\" but continued to employ him. 2/17/25, 12:28 University of Iowa reaches settlement with student over fondling claim against late professor | The Gazette 2/2", "7749_103.pdf": "Page 1 of 8 FW: Notoriety Yields Tragedy in Iowa Sexual-Harassment Cases (Chronicle) 2/16/2009 From: Doyle, Sheila [BOARD] Sent: Monday, February 16, 2009 11:34 To: Bonnie Campbell (campbell.law@mchsi.com); craiglangbor@ifbf.org; Downer, Robert; Gartner, Michael; Harkin, Ruth; Jack Evans (jackevans@hallperrine.org); Johnson, Greta A; Rose Vasquez (Rav118@mchsi.com) Cc: 'miles.david.w@gmail.com' Subject: FW: Notoriety Yields Tragedy in Iowa Sexual-Harassment Cases (Chronicle) Importance: High - From the issue dated February 20, 2009 Notoriety Yields Tragedy in Iowa Sexual-Harassment Cases After 2 suicides, colleagues question university's role By Iowa City Mark O. Weiger was a star oboe professor who had traveled the globe as an artistic ambassador for the U.S. government. But he was also known as the king of raunchy puns. Even when he performed for schoolchildren, the music professor from the University of Iowa couldn't resist slipping in some fart jokes. \"He liked pushing the envelope,\" says his close friend, Alan Huckleberry, an assistant professor of piano at Iowa. Still, few expected it when one of Mr. Weiger's former graduate students filed a sexual-harassment lawsuit over his remarks last November. It was even more shocking when four days later, the professor went into his garage, climbed inside his car, started it up, and let carbon monoxide take his life. He was 49 years old. Mr. Weiger's suicide came just three months after Arthur H. Miller, a noted political-science professor on the same campus, shot and killed himself following charges of sexual harassment. At first, people here called the cases a tragic coincidence don't think either of these acts had anything to do with one another,\" says Linda Maxson, dean of liberal arts and sciences at Iowa. It is true that the men faced very different charges. While Mr. Weiger was accused of creating a hostile environment with foul jokes, Mr. Miller was arrested after students said he had offered them A's for letting him touch their breasts. But the cases are connected in important ways that illustrate the significance of academic reputations and raise questions about how universities handle sexual-harassment allegations. Both men, beloved by students and standouts in their fields, watched themselves transform virtually overnight from venerated professors to suspects. Neither believed he would be able to reclaim his reputation, either in this tight college town or within his discipline. And both felt university administrators had abandoned them in the wake of the charges. Perhaps the stakes for professors are higher than for most people in circumstances like these, maybe because professors have farther to fall. Like many academics, the Iowa professors were accustomed to being held in high acclaim, and their work meant everything to them. When that was threatened, each man felt he'd lost it all. \"He said the allegations had created so much darkness he couldn't see his way out,\" says S. Blake Duncan, an oboist and a minister of music who read Mr. Weiger's suicide note. \"His music was his life Sensational Case Sexual harassment broke into the national consciousness in 1991, when Anita Hill accused Clarence Thomas \u2014 then a nominee to the U.S. Supreme Court \u2014 of having made sexually inappropriate comments to her. The controversy spawned a flood of charges nationwide, including on college campuses. Since then colleges have tried to stem harassment with awareness programs and have created procedures to handle complaints. At the University of Iowa, students have filed 11 sexual-harassment complaints against eight professors over the last five years. Wallace D. Loh, Iowa's provost, says the university walks a fine line when a student accuses a professor of sexual harassment. \"If the question is whether we care about our faculty can tell you we care deeply,\" he says. But Mr. Loh says the university has to remain neutral when charges arise, no matter how lofty a professor's reputation. \"The immediate issue before the university is sexual harassment. It is not whether that professor has an outstanding record of scholarship,\" he says. The university did not publicly support Mr. Weiger or Mr. Miller following the charges because the only issue, says the provost, \"was alleged sexual misconduct.\" Iowa isn't the only university that has struggled to handle this issue. In general, some students say institutions have failed to take their charges of sexual harassment seriously enough, while faculty members have complained that universities have not always offered them a fair hearing. \"Striking the right balance takes a lot of practice, with good procedures and reasoned decision making,\" says Ann H. Franke, a lawyer who runs Wise Results, a consulting company that helps colleges with legal and risk- management issues. \"The more unusual the charges are, the more potentially sensational the case is, and the greater the temptation may be for a university to fall off that balancing line.\" The charges against Professor Miller were certainly sensational. In fact, people who knew him well say the accusations seemed so out of character that they still have trouble believing them. An undergraduate went to the campus security office last May and told an officer that Professor Miller had told her she wasn't doing well in his class on public opinion. She said he told her that if she wanted a better grade, \"she would have to do something for him,\" according to a complaint filed with an Iowa district court. Then, said the complaint, the professor grabbed her breast and sucked on it. Later, the complaint said, Mr. Miller sent the student an e-mail message congratulating her on earning an \"A-plus.\" Page 2 of 8 FW: Notoriety Yields Tragedy in Iowa Sexual-Harassment Cases (Chronicle) 2/16/2009 In the following week, campus security officers talked to three other young women who filed similar charges. None of them were identified by name. The image of Mr. Miller squeezing students' breasts and rewarding them with A's was a stark contrast to the well-traveled, cultured man who enjoyed fine wine and good cooking, and whose teaching had been honored by the university with a photo in the library. \"Art was a man who loved the high life,\" says Douglas K. Madsen, a longtime colleague in political science at Iowa. \"For a sophisticated man to have made the kind of approach he is accused of making to these women is just pathetic and not the kind of thing would have thought he'd have ever done Top Scholar Brought Low Mr. Miller's academic specialty was the art of tapping public opinion. He was an expert in conducting scientific surveys, including writing good questions and selecting people to interview. Early in his career, he focused on questions about politics and government in the United States. Later he expanded his research internationally, to Norway and countries in the former Soviet Union. Some of his work was done through the University of Iowa Social Science Institute, which he established shortly after coming here in 1985. In all, his research attracted $2-million in federal grants. \"He'd call me up at 11 at night and ask me to do an emergency regression analysis,\" recalls Thomas F. Klobucar, who completed a doctorate in political science at Iowa and became one of the professor's best friends. \"He was driven by his career.\" Mr. Miller's home, a few miles from the campus, is full of treasures from his international travels: An Uzbek rug lies on the living-room floor, and a hard hat used by coal miners in the Ukraine sits in his home office. Vicki L. Hesli worked with Mr. Miller for 20 years. She is the only female full professor in the political- science department and has served as its director of graduate and undergraduate studies. She would have been an obvious point of contact for any female students who felt uncomfortable with Mr. Miller. But, she says never heard a complaint of any kind.\" In fact, Ms. Hesli says Mr. Miller helped jump-start her own career in the male-dominated field of political science, introducing her to important players and including her in research projects probably would not be where am in the profession were it not for him,\" she says. Mr. Miller's career at Iowa had been so prolific that he was ranked among the 100 most-cited political scientists in the world, according to an article his colleagues wrote after his death for an American Political Science Association journal. And although he was 66 years old, he wasn't slowing down. To stay slim, the professor rode his bike three miles to the campus and did calisthenics at home while listening to National Public Radio. When the university first began investigating the complaints against him, Mr. Miller didn't tell anyone, not even his wife. The university's Office of Equal Opportunity and Diversity had found enough merit in the complaints that it planned to hold a formal hearing on the charges last August, says Mr. Loh, the provost. But a few weeks before the hearing, the campus police came to Mr. Miller's home, put him in handcuffs, and took him to jail. He was charged with soliciting sex for grades, a felony that can carry up to 10 years in jail. Natasha Ivanova, Mr. Miller's widow, says her husband believed the university intended to handle the matter internally and did not realize that campus police were pursuing criminal charges independent of Page 3 of 8 FW: Notoriety Yields Tragedy in Iowa Sexual-Harassment Cases (Chronicle) 2/16/2009 the equal-opportunity office's investigation. But the university's security office says following any criminal charges in tandem with university proceedings is standard procedure. \"In my experience, people may know that, but once you're handcuffed and put in back of a car, that's when reality kicks in,\" says Bill Searls, associate director for public safety at Iowa. Still, Mr. Searls acknowledges that at Iowa, arresting a professor is \"very rare.\" Three daily newspapers serve this town, and once Mr. Miller's arrest became public, the charges and his photo seemed to be everywhere. He couldn't go to the grocery store without wondering whether other shoppers had seen his picture in the paper. The publicity was exceedingly painful for Mr. Miller. \"For him, his career was his life, and after all these tremendous years, it was just over,\" says Ms. Ivanova, who talked to The Chronicle one evening at her home after the couple's two young children were in bed. Ms. Ivanova was 30 years younger than Mr. Miller and met him on one of his trips to Kiev. She moved to the United States to work at his social- science institute in 2000 and became the professor's fourth wife three years later. The couple had a son, Marcus, who is 4, and another, Lucas, who was born last April just before the charges against Mr. Miller arose. Ms. Ivanova, who holds an M.B.A., is a feisty woman and wanted her husband to fight the charges. But she says he doubted that after all the exposure he could get a fair hearing, either on the campus or in the courts. \"When people throw all this mud in the air and everyone's talking about it,\" she says, \"he's guilty by default.\" Ms. Ivanova says her husband seemed confused by the sexual-harassment charges, and while he never told her exactly what happened, she believes he was joking with the young women and they misinterpreted his actions and remarks. Mr. Madsen says his former colleague must have panicked as news of the charges spread. The American Political Science Association's annual meeting was scheduled to be held in Boston just a few weeks after Mr. Miller's arrest. \"He would have known full well the stories would circulate throughout that meeting,\" says Mr. Madsen. \"That was a public humiliation that Art couldn't handle 'Vendetta'? To some of Mr. Miller's former students and colleagues who telephoned and e-mailed him in the wake of the arrest, he complained that the sexual-harassment charges had been concocted by Iowa administrators in an attempt to get rid of him. Mr. Miller had already had a few run-ins with Ms. Maxson, the dean. It was she who ordered an outside review of the social-science institute he ran, which determined that the institute was no longer effective and should be closed. Ms. Ivanova says the closure, in 2001, devastated her husband and led to a decline in research money. Mr. Miller made no secret of the fact that he blamed the dean for the institute's disappearance. The relationship between the two became even more strained when Ms. Maxson rebuffed the political- science department's interest in making Mr. Miller its chairman a few years later. \"The record of my interactions with Professor Miller were such that wouldn't be able to work productively with him,\" the dean told The Chronicle. Still, Ms. Maxson says, the idea that she or other administrators orchestrated the sexual-harassment charges against Mr. Miller is ridiculous. Tom W. Rice, chairman of the political-science department, Page 4 of 8 FW: Notoriety Yields Tragedy in Iowa Sexual-Harassment Cases (Chronicle) 2/16/2009 says he tried to reach out to the professor. \"Twice offered him whatever help could give him, but he never asked for anything,\" says Mr. Rice. To Mr. Miller, though, the university seemed far from sympathetic. After his arrest, the university banished him from the classroom, and Sally Mason, the university's president, issued a statement saying she would not tolerate the kind of conduct Mr. Miller had been accused of. She also said the case had prompted her to make sexual-harassment -awareness training mandatory for all professors. And while she said that \"every person is entitled to the presumption of innocence,\" she then went on to \"applaud the courage of the student victims in coming forward\" to charge Mr. Miller. President Mason declined to answer questions about her statement, but Ms. Maxson defends it, saying the president had to take a tough stand because Mr. Miller had been \"accused of a very serious infraction of behavioral and legal rules.\" To the professor, his wife, and some of his colleagues, however, it felt like the president was pronouncing him guilty before he had even had a chance to defend himself. On the morning of August 20, Mr. Miller dropped off his 4-year-old son at a day-care center as he always did. Then he made a cellphone call to a local newspaper reporter. In that call, the professor complained that no administrators had inquired about how he was doing in the wake of the charges and that Ms. Maxson had a \"vendetta\" against him. Some time after the call, the professor drove to Hickory Hill Park, just a mile from his home. He left his red in the parking lot with his cellphone and wallet inside and walked into the heavily wooded park with a rifle he'd purchased in June. It took Ms. Ivanova a couple of hours that morning to realize her husband was missing. When he didn't answer his cellphone, she called the police. They staged a two-day search in the park, but it was another search-and-rescue worker who found Mr. Miller's body a few days later. The day her husband disappeared, Ms. Ivanova found an updated will he had left in their home office. With a paper clip, he had attached his credit cards, some cash, and financial records. On the will, Mr. Miller had scrawled a note saying he wanted to apologize for \"the disappointment and the embarrassment\" that the charges had caused his wife and children Hot Potato Mark Weiger and Mr. Miller were neither colleagues nor friends, but Mr. Weiger followed the charges against the political-science professor closely. When President Mason issued the statement calling the students \"victims,\" Mr. Weiger panicked, says Mr. Huckleberry, the piano professor who was Mr. Weiger's friend. The oboe professor also worried the following month when the university fired its own lawyer, Marcus M. Mills, after an independent review found that the university had mishandled a female student's charge that she had been sexually assaulted by two university football players. The review said Mr. Mills was partly responsible for the missteps, but Mr. Mills has said he was a scapegoat. To Mr. Weiger, the two high-profile cases proved that sexual harassment and assault were hot-potato issues on the campus and that the university was willing to sacrifice anyone who made the institution look bad. He wondered, his colleagues say, if after 20 years at Iowa, he would be the next to go. He was concerned because he had himself been the subject of a June 2007 sexual-harassment complaint by a former graduate student. Melissa R. Milligan, who had been recruited by Mr. Weiger the year before to study oboe at Iowa, said the professor had frequently made inappropriate sexual remarks and jokes to her. She also complained that Mr. Weiger had insulted her and said she had watched him inappropriately touch another female student. All of that, she said, had created a hostile learning Page 5 of 8 FW: Notoriety Yields Tragedy in Iowa Sexual-Harassment Cases (Chronicle) 2/16/2009 environment and led her to leave the university after a year. Ms. Milligan wouldn't speak to The Chronicle, but Alison Werner Smith, her lawyer, says Ms. Milligan \"expected the workplace, especially in a graduate program, to be professional.\" The university investigated the charges and, according to Mr. Weiger's colleagues, concluded in the fall of 2007 that the oboe professor had indeed made inappropriate remarks. Administrators told Mr. Weiger to watch what he said and required him to undergo antiharassment training, say his colleagues. But although the university had finished its investigation, Mr. Weiger knew the case wasn't necessarily over. Ms. Milligan, who believed the university's punishment amounted to a slap on the wrist, had subsequently filed a complaint with the Iowa Civil Rights Commission. In mid-August of 2008, the commission gave Ms. Milligan a right-to-sue letter and gave her 90 days in which to file a legal complaint. Mr. Weiger was on edge last fall waiting to see if she would follow through, says Mr. Huckleberry Ms. Milligan wasn't the first person to complain about Mr. Weiger's remarks. In 1994 a former graduate student filed a lawsuit that made accusations strikingly similar to Ms. Milligan's. The suit was dropped before it went to trial. Mr. Weiger's friends and colleagues acknowledge that he loved to joke and quip. \"Some of it was Beavis and Butthead,\" says Mr. Huckleberry. But he and others say that Mr. Weiger treated Ms. Milligan no differently than he did any other student and that she returned his banter with equally barbed remarks. Elizabeth A. Young was a doctoral student in oboe and studied under Mr. Weiger a few years before Ms. Milligan arrived. \"Mark did have a tendency to say off-the-wall type of stuff,\" says Ms. Young, an assistant professor of music at Eastern Kentucky University. \"But I'm a Mormon, and I'm a very religious person, and never found him offensive. He was clever and funny.\" Mr. Weiger's former students say that he pushed them to be independent and that sometimes he could be harsh. Some believe that was the real source of Ms. Milligan's discontent. Yet Mr. Weiger's former students and his colleagues also remember him as generous and energetic. He helped new students get situated in Iowa City, going so far as to outfit their kitchens with utensils. \"He was the kind of person who was an advocate for lots and lots of different people,\" says Greg Morton, a bassoonist who earned a doctor of musical arts from Iowa in 1996 and remained a close friend of Mr. Weiger's. \"He would make things happen for people.\" In fact, it was Mr. Weiger who was responsible for evacuating the Voxman Music Building last June when the Iowa campus was hit by a historic flood. The building sits alongside the Iowa River. Mr. Weiger, who was interim director of the school last summer, gathered football players to haul percussion equipment and filing cabinets to higher floors. He offered reassurance to faculty members who were left without offices and found replacements for students whose instruments were destroyed. \"He kept morale up and was an excellent, capable, positive, can-do guy,\" says Alan MacVey, director of Iowa's Division of Performing Arts. The Final Chapter On November 7, just a few days before the deadline, Ms. Milligan filed a lawsuit against both Mr. Weiger and the university in U.S. District Court. The complaint does not offer specific examples of jokes and remarks that offended her, and her lawyer would not elaborate. Page 6 of 8 FW: Notoriety Yields Tragedy in Iowa Sexual-Harassment Cases (Chronicle) 2/16/2009 Two nights after she filed suit, Mr. Weiger was having dinner at the home of Kristin Thelander, who directs Iowa's School of Music, when a reporter for the student newspaper called asking Ms. Thelander to comment. In the days that followed, there were articles in the Chicago Tribune, The Des Moines Register, and other newspapers. As for Mr. Miller, the publicity was devastating to Mr. Weiger. He was already concerned about the music school's reputation after the flood had left it homeless. Now the sexual-harassment charges, he feared, would be one more reason good oboe students might bypass Iowa. \"He was one of the most famous oboists in the world, but students were transferring out because of the flood,\" says Mr. Huckleberry. \"Then after the charges, which mother was going to send her daughter to study with him?\" Mr. Weiger had also had his sights set on an associate-provost position at Iowa and was hoping to move up through the administrative ranks. But following the sexual-harassment suit, says Mr. Huckleberry, Mr. Weiger felt \"nobody was going to touch him with a 10-foot pole.\" Mr. Weiger was on sabbatical at home last fall. He wasn't married and lived alone. When some colleagues had trouble getting hold of him on November 12, they called his friend Mr. Huckleberry, who had been concerned that Mr. Weiger was depressed and went right over. He found Mr. Weiger inside his car in the garage. It was out of gas, and Mr. Weiger's body was cold and rigid. Mr. Huckleberry figures the professor climbed into the vehicle sometime late the evening before. Mr. Duncan, the minister, who played in a musical group with Mr. Weiger and went to the professor's home after his suicide, says the professor tried to take care of everything the day before he died. He paid outstanding bills and wrote nine letters of recommendation for students and mailed them out. Then he typed a three-page suicide note. In the note, says Mr. Duncan, Mr. Weiger said he did not want his death to be taken as an admission of guilt. \"But he said he felt he had lost, merely by virtue of being accused,\" says Mr. Duncan believe he had very high personal expectations of himself and an image of himself as highly ethical. He found it really, really difficult that all of the sudden, this stuff was being said about him.\" Mr. Weiger also wrote about feeling betrayed. \"He really put his life and soul into the University of Iowa, and he felt they weren't supporting him as much as he'd wanted them to,\" says Mr. Duncan. Mr. Huckleberry says Mr. Weiger was frustrated because he had placed two calls to the university lawyer's office but no one had called him back. Carroll J. Reasoner, interim vice president for legal affairs, says that there is no record of any telephone calls but that Mr. Weiger did send an e-mail message to the office the day before his body was found, saying he was \"quite distressed\" and asking to speak with someone. The message bounced back an automatic reply because the person he sent it to was out of the office. Iowa has hired some lawyers who are specialists on sexual harassment to help it rewrite its policies. Mr. Loh, the provost, wants the university to consider outsourcing its investigations of sexual harassment so \"there would be increased appearance of impartiality.\" He also wants the university to begin revealing to students the outcomes of investigations \u2014 something the university has not done. Ms. Milligan is still pursuing her lawsuit against the university and against Mr. Weiger's estate. She says the university should have known about Mr. Weiger's offensive behavior and stopped it. The attorney general of Iowa has filed a response on the university's behalf, saying the institution handled her complaint appropriately. Late last month, the music school held a memorial concert for Mr. Weiger, in part to coincide with what Page 7 of 8 FW: Notoriety Yields Tragedy in Iowa Sexual-Harassment Cases (Chronicle) 2/16/2009 would have been his 50th birthday. At the service in the Iowa Memorial Union, 200 people listened to songs from Mr. Weiger's solo CD's. The school also played a recording by a quartet called the WiZARDS!, a group Mr. Weiger led and toured with for 16 years. The quartet had recently disbanded, and during his sabbatical, Mr. Weiger was putting the finishing touches on its last CD. Its tentative title: \"The Final Chapter.\" Section: The Faculty Volume 55, Issue 24, Page A1 Copyright \u00a9 2009 by The Chronicle of Higher Education Subscribe | About The Chronicle | Contact us | Terms of use | Privacy policy | Help Page 8 of 8 FW: Notoriety Yields Tragedy in Iowa Sexual-Harassment Cases (Chronicle) 2/16/2009", "7749_104.pdf": "Defensive training dept.: University of Iowa and Arthur H. Miller 11 Comments University of Iowa professor Arthur H. Miller (who is not the Law professor Arthur Miller) allegedly traded grades and offered to trade grades for second-base action with female students, appropriately resulting in criminal charges and being placed on leave by the university. Paul Caron points us to this Chronicle of Higher Education blog post that says Iowa has ordered all of its professors to undergo sensitivity training to avoid sexual harassment. Because obviously a professor who would demand students let him fondle their breasts for a grade would never have engaged in such a behavior if only he had an additional hour of sensitivity training. What this is really about is lawsuit prevention. Just as a doctor fearful of being sued will order an inefficient, wasteful, and possibly counterproductive medical test, an employer fearful of being sued will insist upon inefficient, wasteful, and possibly counterproductive sensitivity training. Filed under: crime and punishment, defensive medicine, harassment law, schools By Ted Frank August 14, 2008 11 Comments \uf082\uf081\uf1a2 [\u2026] Quote of the Day Ted Frank at Overlawyered.com: \u201cBecause obviously a professor who would demand students let him fondle their breasts for a gr\u2026 [\u2026] August 14, 2008 11:52 By Quote of the Day \u00ab Let\u2019s Try This Once More \u201cappropriately resulting in criminal charges don\u2019t think criminal charges are appropriate in this case. Presumably the girls were over the age of consent. August 15, 2008 5:44 By What was the uptake rate for the offer? August 15, 2008 9:21 By William Nuesslein Yeah, I\u2019m not sure criminal charges are correct, either. Surely what he did was aweful, and am open to the possibility of some kind of extortion charge, perhaps (it\u2019s conceivable, anyway), but a criminal bribery charge? There are lots of things private citizens do with other private citizens that could be considered a \u201cbribe\u201d, but that\u2019s not the term or charges we generally apply, right? August 15, 2008 10:37 By Deoxy \u201cappropriately resulting in criminal charges don\u2019t think criminal charges are appropriate in this case. Presumably the girls were over the age of consent. August 15, 2008 11:08 By Insomniac 2/17/25, 12:28 Defensive training dept.: University of Iowa and Arthur H. Miller - Overlawyered 1/3 on August 15th, 2008 The charges were for accepting bribes, not sexual assault. Sorry, hit \u201creturn\u201d prematurely would think soliciting bribes would be a more appropriate charge(unless there\u2019s no criminal classification for that in Iowa). August 15, 2008 11:14 By Insomniac If he\u2019d asked for money instead of a little action, would y\u2019all still insist there was nothing wrong here? Misogynists. August 15, 2008 12:34 By Heather Regarding the appropriateness of criminal charges, depending on how broadly a given jurisdiction\u2019s law is written, this sort of conduct could result in prostitution-related charges as well (i.e., against the professor for seeking sex in exchange for something of value). Were a in Texas, for example, I\u2019d feel comfortable prosecuting such a case under Tex. Penal Code 43.02. I\u2019m not positive it would stick; but, unless there\u2019s some contrary case law, such a charge seems far from frivolous. Iowa\u2019s Criminal Code provision (725.1) seems similarly broad. August 15, 2008 1:01 By The Curmudgeonly Ex-Clerk If he\u2019s an agent of a public institution, why wouldn\u2019t bribery be appropriate? He\u2019s no longer just a private citizen. After all, all the lawsuits about what is and is not Constitutionally protected speech on campus and in the classroom, etc. are necessarily predicated on the idea that the schools are government institutions. August 15, 2008 2:09 By Paul If he\u2019d asked for money instead of a little action, would y\u2019all still insist there was nothing wrong here? Misogynists. So, we don\u2019t see things your way, therefore we are sexist? Nice argument. Actually, if you\u2019ll read what people are saying don\u2019t think anyone has said that there was \u201cnothing wrong here\u201d, only that the charges being levelled against him seem wrong for what he did. If a female professor did something like this to male students and was charged similarly, my reaction would still be the same. By definition then, this is not misogyny would think soliciting bribes would be a more appropriate charge and this sort of conduct could result in prostitution-related charges and If he\u2019s an agent of a public institution, why wouldn\u2019t bribery be appropriate? He\u2019s no longer just a private citizen. are all good examples of an argument that does not amount to simple name-calling. As it happens think they all make some sense. Funny how that works. :-/ August 18, 2008 12:23 By Deoxy 2/17/25, 12:28 Defensive training dept.: University of Iowa and Arthur H. Miller - Overlawyered 2/3 1000 Massachusetts Avenue N.W. Washington D.C. 20001-5403 Telephone (202) 842-0200 Privacy Policy It doesn\u2019t matter whether the girls were \u201cof age\u201d or \u201cconsentual\u201d \u2013 the major problem here is the fact that he is a professor: he is in a respected position of authority and is using that authority to receive sexual favors. Teachers at any level are expected to conduct themselves in such a way that upholds moral and ethical values. He conducted himself in the complete opposite manner by not only abusing his students but abusing his position and disgracing and embarassing the of I. August 22, 2008 10:07 By Hawk 2/17/25, 12:28 Defensive training dept.: University of Iowa and Arthur H. Miller - Overlawyered 3/3", "7749_105.pdf": "The Daily Iowan \u2022 February 2, 2012 \u2022 settles sexual misconduct case The University of Iowa has reached a settlement in the case of a former student who said then-political-science Professor Arthur Miller traded grades for sexual favors. The settlement, worth $130,000, ends one of the handful of incidents of alleged sexual misconduct on campus that the university has wrestled with over the last five years. In that time, the university has dealt with sexual-misconduct allegations against at least two other faculty members, a few athletes, and a handful of other students. Beth Barnhill, the executive director of the Iowa Coalition Against Sexual Assault, said parents of prospective students should be concerned about sexual misconduct on campus and the university\u2019s response to such incidents think in [the Miller] case, it sounds as though they allowed [the misconduct] to continue by not acting immediately,\" she said, noting that she didn\u2019t know whether the incidents had given the school a reputation as one that handles sexual misconduct poorly. In May 2008, Miller was charged with four counts of bribery. According to police reports, Miller fondled or attempted to fondle female students\u2019 breasts when they came to his office to discuss their grades. That August, Miller, then 66, committed suicide in a local park and, following his death, the criminal investigation and the UI\u2019s internal probe were closed. The Miller settlement comes more than a year after the settled a lawsuit \u2014 also for $130,000 \u2014 with a woman who said former music Professor Mark Weiger touched her inappropriately in 2008. Like Miller, Weiger committed suicide after the lawsuit was filed. Additionally, in 2007, two Hawkeye football players allegedly sexually assaulted a female student-athlete in a Hillcrest dorm room. Two university administrators were fired for apparently mishandling that case and the university revamped its policies on responding sexual-misconduct reports. Since 2007, officials have reported incidents of alleged sexual assault on the Pentacrest, in a residence hall, and one involving a former Hawkeye running back. That\u2019s all in addition to reports that a researcher assaulted an assistant in his lab and that another faculty member was downloading child porn on his work computer. Despite Barnhill\u2019s criticism of the UI, Sara Riley, a Cedar Rapids attorney who represented one of Miller\u2019s alleged victims, said she still feels confident about students\u2019 safety at the university. \"My daughter will be a freshman there next year,\" Riley said. \"If thought it was a place not safe for students, she wouldn\u2019t go there. Few professors act the way [Miller] acted. There will be bad professors. There are people who abuse other people. The university has learned \u2026 you can\u2019t ignore the protection of others.\" Riley said she thinks her client, now living in Boston, is satisfied with the settlement. \"The university will admit no wrongdoing,\" Riley said. \"You don\u2019t pay $130,000 if you think nothing wrong happened \u2014 at least not in Iowa spokesman Tom Moore declined to comment on the case or the settlement, except to say it \"was acceptable for both sides.\"", "7749_106.pdf": "Suicide And Sexual Harassment The New Republic Staff / February 23, 2009 most disturbing article in a recent issue of the Chronicle of Higher Education deals with the suicide of two professors at the University of Iowa, both of whom faced charges of sexual harassment. Arthur H. Miller, a prominent political scientist, was accused of offering female students good grades in return for fondling their breasts. Mark O. Weiger, a well- known oboist, evidently (like Mozart) possessed a taste for the scatological. Miller shot himself in a public park. Weiger locked himself inside his car in his garage and asphyxiated himself. No one knows for sure whether these men were guilty as charged. If they were not, then their deaths are scandalous, a result of accusations run wild. But even if they did do what they have been alleged to have done, the taint of scandal remains. Any offer of better grades in return for sexual favors is offensive and demeaning, and cannot be permitted to go acknowledged or unpunished. In Miller's case, any such behavior, if indeed he engaged in it, would have put an entire career at risk 66- year-old man simply would not do such things unless something had gone seriously wrong with his mental condition. Yet no one in a position of authority at the University of Iowa seemed to take into account the likelihood that Miller needed professional help. Administrators went out of their way not to appear sympathetic to him. Campus police arrested and charged him. His name and pictured were plastered all over the news. He was prevented from teaching his classes. University President Sally Mason all but announced his guilt in a public statement. His suicide note said he took his own life because of \"the disappointment and the embarrassment\" the charges against him had caused his family. Weiger, the oboe professor, had been charged by a graduate student named Melissa Milligan he had helped bring to the university. An investigation conducted by the university supported her complaint, and it is not hard to conclude that Weiger had 2/17/25, 12:29 Suicide And Sexual Harassment | The New Republic 1/2 Read More: Person Career, Indictment, Technology, Alan Wolfe, Iowa, The University Of Iowa, Mark O. Weiger, Arthur H. Miller indeed conducted himself in an unprofessional manner that students could find hurtful and demeaning. But Milligan was not satisfied with the investigation that upheld her complaint; she pursued the matter with the Iowa Civil Rights Commission and then filed a federal lawsuit against both him and the university. With all the resulting publicity, Weiger was convinced that he would never again be able to recruit students and he saw his academic career coming to an end. He took his own life, but even this did not stop Milligan, who continued her suit against his estate. One comes away from this Chronicle article wondering just how senior administrators at the University of Iowa understand their jobs. Of course they are under an obligation to create an atmosphere in which students will not be made the objects of actions that threaten and harass them. But surely they ought to understand as well how explosive charges of sexual harassment can become, especially in the small-town environment of a modern university. Even men who did wrong, assuming these men did do wrong, are human. Neither of them were treated as if they were. The University of Iowa may be a wonderful place to be a student. It sounds like a perfectly dreadful place to be a faculty member. 2/17/25, 12:29 Suicide And Sexual Harassment | The New Republic 2/2"} |
8,819 | Tom Orr | University of Oklahoma | [
"8819_101.pdf",
"8819_102.pdf",
"8819_103.pdf",
"8819_104.pdf",
"8819_105.pdf",
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] | {"8819_101.pdf": "proceedings/article_caeb364a-7952-11ec-8383-b36ae3ce4776.html Tom Orr resigns after sexual harassment allegations, tenure abrogation proceedings Blake Douglas, editor-in-chief Jan 19, 2022 School of Drama James Garner Chair professor Tom Orr walks down stairs in the Old Science Hall. Orr resigned as director of the School of Drama in 2018. Jordan Miller/The Daily Tom Orr, former director of the School of Drama and university professor who faced several allegations of sexual harassment by former students, resigned effective Dec. 31, 2021, the university confirmed. In an email to The Daily, an spokesperson wrote Orr chose to resign as proceedings reviewing his employment were underway. 2/17/25, 12:30 Tom Orr resigns after sexual harassment allegations, tenure abrogation proceedings | News | oudaily.com 1/3 Tags News Homepage News Push \"During Mr. Orr\u2019s tenure abrogation proceedings \u2014 the most severe course of action can take to remove a tenured member of the faculty \u2014 he elected to resign, effective December 31, 2021,\" the email read. \"He is no longer employed by the university.\" According to the OU-Norman Faculty Handbook, \"alternative actions (to dismissal from the university), such as resignation or retirement,\" may be negotiated and implemented with approval from the senior vice president and provost and budget deans. The faculty handbook lists several causes for abrogation of tenure or dismissal, including \"professional incompetence or dishonesty,\" \"personal behavior\" that prevents the faculty member from fulfilling their duties and \"serious violation of law.\" Orr was investigated for sexual harassment in September 2018 after multiple former students issued sexual harassment allegations. At least two alumni reported their allegations to the Title office, while others who did not contact Title spoke with The Daily about their experiences. One student told The Daily in 2018 that Orr allegedly asked them questions about their sex life, including which positions they preferred. Orr also allegedly said others told him the student \u201cgot around a lot.\u201d Months prior to the investigation, Orr resigned as director of the School of Drama after alumni reported concerns on how the school handled reports of sexual harassment against John Scamehorn, a former professor emeritus and School of Drama donor. On Jan. 12, 2020, Orr was placed on paid administrative leave pending investigation after the university was made aware of unspecified allegations made against him. Orr remained on paid leave for approximately two years. 2/17/25, 12:30 Tom Orr resigns after sexual harassment allegations, tenure abrogation proceedings | News | oudaily.com 2/3 By Blake Douglas 2/17/25, 12:30 Tom Orr resigns after sexual harassment allegations, tenure abrogation proceedings | News | oudaily.com 3/3", "8819_102.pdf": "Tom Orr, James Garner chair and professor of performance. (Courtesy: University of Oklahoma) NORMAN, Okla (KOKH) \u2014 University of Oklahoma Professor Tom Orr has been placed on administrative leave pending further investigation into unspecified allegations. Orr, a former School of Drama director, resigned from his position as director in 2018 following sexual harassment claims Professor placed on leave pending investigation for unspecified allegations by Melissa Scavelli Mon, January 13th 2020 at 10:36 Updated Mon, January 13th 2020 at 11:03 2/17/25, 12:30 Professor placed on leave pending investigation for unspecified allegations 1/2 Loading ... The university released this statement on his leave: In light of recent allegations, Professor Orr has been placed on administrative leave pending further investigation. Due to the confidential nature of this personnel issue, this is the extent of the University\u2019s comment at this time. The University\u2019s primary concern is the welfare of its students 2/17/25, 12:30 Professor placed on leave pending investigation for unspecified allegations 2/2", "8819_103.pdf": "On Sept. 17, stacks of the University of Oklahoma\u2019s student newspaper Daily went missing across nine different locations on the school\u2019s Norman campus. The 450 missing newspapers are valued at about $113. The stolen issues featured a front page article detailing multiple sexual harassment allegations against tenured drama professor Tom Orr. In comments to the Student Press Law Center, the article's author, sophomore Jana Allen, said she considers the theft censorship Daily did the right thing and filed a police report the same day as the theft. The investigation has since closed with the police identifying the thief. Police provided the director of student media with a reimbursement for the approximate cost of the stolen newspapers, but did not identify the source of the reimbursement. At FIRE, we\u2019ve reported on newspaper thefts and attempts to stifle distribution countless times \u2014 and this is not even the first theft that may be motivated by suppressing sexual harassment allegations. In many places, newspaper theft amounts to a criminal act \u2014 and a frankly foolish one in an era where articles are simultaneously published online. Newspaper thefts essentially accomplish the opposite goal of censorship, giving the controversial stories more attention when the theft is publicized. For example, groups concerned with student press censorship, like and the Student Press Law Center, may not have written about many of these stories had no one attempted to censor them. This phenomenon of giving a story more press by attempting to censor it is known as the \u201cStreisand effect\u201d and is an important concept all potential censors should think about before attempting to shut down speech they dislike. To learn more about this topic, check out FIRE\u2019s page on student press censorship. If you witness newspaper theft or experience other forms of press censorship on your campus, reach out to FIRE. 450 Daily papers featuring sexual harassment allegations stolen by Jackie Farmer September 24, 2018 Become a member \u00a9 2024 Foundation for Individual Rights and Expression 510 Walnut St. | Suite 900 Philadelphia 19106 fire@thefire.org 215-717", "8819_104.pdf": "drama school director resigns in wake of sexual harassment scandal involving donor Nolan Clay Published 5:00 a.m Aug. 18, 2018 \u2014 The longtime director of OU's drama school is out after an internal review of how sexual harassment accusations against a donor were handled. Tom Orr resigned Thursday, days before classes begin at the University of Oklahoma. He had been director of the drama school since 2003. Since June has been reviewing its response to allegations about a drama school donor, former engineering professor John F. Scamehorn. Those complaints led to Scamehorn being banned in February 2016 from ever working at the university again or donating to it. \"The inquiry concluded that while reports were handled in accordance with university policy, the culture at the school of drama must be improved,\" the dean of the Weitzenhoffer Family College of Fine Arts announced in a statement released by Friday evening. \"It is essential that leadership within the College of Fine Arts model appropriate professional behaviors at all times,\" Dean Mary Margaret Holt said. \"Tom Orr resigned yesterday as director of the school of drama in support of necessary changes within the school,\" she said. \"He will stay on as a valued member of the faculty and is working closely with me on this effort.\" Holt also announced that this fall the College of Fine Arts \"will take part in additional training.\" She said will bring in experts with experience in the fine arts \"to facilitate a candid discussion about sexual harassment in the unique context of the arts.\" Orr could not be reached for comment Friday evening. 2/17/25, 12:30 drama school director resigns in wake of sexual harassment scandal involving donor 1/3 Scamehorn in June denied any wrongdoing \"in the strongest terms possible.\" He retired as a professor in 2007. Complaints about him resurfaced on social media earlier this year after he promoted his short science-fiction film, \"Pax Masculina,\" on a blog for \"heterosexual, masculine men.\" He was a producer and acted in the film that included a long scene of a woman being hanged. After the allegations resurfaced, 30 women signed an open letter describing themselves as his victims. \"To one degree or another, each of us have been exposed to and scared by the environment of perversion he created under the guise of educator and film producer,\" they wrote. \"Among other things, we have been subjected to sexual advances, strong and inappropriate innuendo, regaled with stories rife with sexual content, stalked and even coerced into taking embarrassing and compromising photos,\" they wrote. They also wrote they were coerced and intimidated into silence. They suggested officials ignored legitimate complaints about Scamehorn because of his considerable donations former assistant to Orr said she pressured the director years ago to immediately sever ties with Scamehorn after hearing about the accusations. Kathie Brakefield said Orr told her he wasn't going to do anything to jeopardize Scamehorn's donations. She said she argued that \"it was not that much money and that we could make it up someplace else.\" \"He banged his hand on my desk and got very angry for me even suggesting such a thing,\" she told The Oklahoman. Brakefield quit working for the university because of the situation, she said felt like John Scamehorn was a danger to our students, and we were basically selling him access,\" she said. \"He was at all of the school of drama events. He always had his camera, always taking pictures acknowledged in June that a number of students were interviewed after a complaint was made directly to the dean in late January 2016 said \"a disturbing and consistent picture emerged.\" 2/17/25, 12:30 drama school director resigns in wake of sexual harassment scandal involving donor 2/3 Scamehorn \"disassociated\" from the College of Fine Arts and the Theater Guild on Feb. 12, 2016, after being notified of the allegations. 2/17/25, 12:30 drama school director resigns in wake of sexual harassment scandal involving donor 3/3", "8819_105.pdf": "by and K. Querry Posted: Jan 13, 2020 / 07:45 Updated: Jan 13, 2020 / 07:45 This is an archived article and the information in the article may be outdated. Please look at the time stamp on the story to see when it was last updated. NORMAN, Okla. (The Norman Transcript professor at the University of Oklahoma is on administrative leave following allegations of misconduct. According to the Norman Transcript professor Tom Orr is on administrative leave due to unspecified allegations. Officials with the University of Oklahoma say they cannot comment further due to the \u201cconfidential nature of this personnel issue.\u201d \u201cIn light of recent allegations, Professor Orr has been placed on administrative leave pending further investigation. Due to the confidential nature of this personnel issue, this is the extent of the University\u2019s comment at this time. The University\u2019s primary concern is the welfare of its students,\u201d a statement from the university read. Orr resigned as the School of Drama director in 2018 after a former professor was accused of sexual misconduct. The newspaper says Orr has also been accused of sexual harassment in the past. Copyright 2025 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed professor on administrative leave due to allegations of misconduct 27 2/17/25, 12:30 professor on administrative leave due to allegations of misconduct | KFOR.com Oklahoma City 1/54 Morning Headlines Enter Your Email Australia plans to deport 3 violent criminals to \u2026 \u2018Saturday Night Live\u2019 celebrates 50 years with comedy, \u2026 European leaders regroup in Paris for strategy huddle > Next > Cancel \u2715 Next story in > Cancel Next story in 2/17/25, 12:30 professor on administrative leave due to allegations of misconduct | KFOR.com Oklahoma City 2/54 Top Stories Australia plans to deport 3 violent criminals to \u2026 \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 Mother of pregnant 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Wade overturned? 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Oklahoma\u2019s News Channel 4 Watch News Celebrates 75 Years with Mr. Oklahoma City From the Archives: Illegal Marijuana in Oklahoma 75 Years of Television exhibit opens at History writer, photographer, and producer shares his memories \u2026 6 Here are the agencies purging federal workers 7 Ukraine and Europe worry about being sidelined as \u2026 8 Supreme Court to rule on tribal tax exemption \u2026 The Channel 4 Oklahoma television visionaries > Next > Next story in > Next story in 2/17/25, 12:30 professor on administrative leave due to allegations of misconduct | KFOR.com Oklahoma City 52/54 Local In Your Corner Pay It 4ward Election Headquarters Weather Sports Get News App Get Weather App Stay Connected 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 > Next > Next story in > Next story in 2/17/25, 12:30 professor on administrative leave due to allegations of misconduct | KFOR.com Oklahoma City 53/54 \u00a9 1998 - 2025 Nexstar Media Inc. | All Rights Reserved > Next > Next story in > Next story in 2/17/25, 12:30 professor on administrative leave due to allegations of misconduct | KFOR.com Oklahoma City 54/54", "8819_106.pdf": "allegations/article_c7b7bb48-35b0-11ea-a3ec-ff666ca9a53d.html professor Tom Orr placed on administrative leave pending allegations Emma Keith, Transcript Staff Writer Jan 12, 2020 Tom Huston Orr Photo provided professor and former School of Drama director Tom Orr is on administrative leave due to unspecified allegations. 2/17/25, 12:30 professor Tom Orr placed on administrative leave pending allegations | News | normantranscript.com 1/3 According to an email sent to Helmerich School of Drama students, faculty and staff by school director Seth Gordon, Orr is on administrative leave as of Jan. 13. Orr, a former School of Drama director who resigned from the position in 2018, has been accused of sexual harassment by multiple former students in the past, the Daily reported in September 2018 am unsure right now how long the leave will last, but we are taking steps to make sure his classes are covered,\u201d reads Gordon\u2019s email, obtained by the Transcript Sunday university spokesperson confirmed Orr\u2019s leave in a Sunday statement, but did not give any specific reason for the university\u2019s action. \u201cIn light of recent allegations, Professor Orr has been placed on administrative leave pending further investigation,\u201d a statement from reads. \u201cDue to the confidential nature of this personnel issue, this is the extent of the University\u2019s comment at this time. The University\u2019s primary concern is the welfare of its students.\u201d The Daily reported in September 2018 that at least two alumni had filed sexual harassment complaints against Orr with the university\u2019s Title office that had resulted in no action on OU\u2019s part. At the time, numerous other School of Drama alumni spoke with the Daily about inappropriate and sexualized behavior they had witnessed from Orr but had not reported to Title IX. Orr resigned as School of Drama director in August 2018 after sexual harassment allegations emerged against former professor and donor John Scamehorn, but Orr remained a professor. Student accounts include allegations that Orr knew about student concerns about Scamehorn, but did not take action. Trending Video 2/17/25, 12:30 professor Tom Orr placed on administrative leave pending allegations | News | normantranscript.com 2/3 2/17/25, 12:30 professor Tom Orr placed on administrative leave pending allegations | News | normantranscript.com 3/3"} |
7,362 | Martin L. Kilson | Harvard University | [
"7362_101.pdf",
"7362_102.pdf"
] | {"7362_101.pdf": "The Crimson is a student-run nonprofit. Please support us by disabling AdBlock for our site. Professor Scolded for Harrassment By Bari M. Schwartz, Crimson Staff Writer June 8, 2005 Harvard Quietly Resolves Anti- Palestinian Discrimination Complaint With Ed. Department Following Dining Hall Crowd Harvard College Won\u2019t Say It Tracked Wintersession Mo In December 1979, for the first time in Harvard history, the University officially reprimanded a faculty member for sexual harassment, sparking an increase in the number of complaints about inappropriate relations pursued towards female undergraduates by the faculty. Helene S. York \u201983 filed a sexual harassment complaint against Professor of Government Martin L. Kilson on Nov. 15, 1979 for trying to kiss her while she attended his office hours, where, according to York, she was seeking advice on a paper topic. More students spoke up and sought advice about dealing with sexual harassment following York\u2019s case. However, no more formal complaints had been filed by the end of the school year, causing some to question Harvard\u2019s commitment to dealing with sexual harrassment. Then-Dean of the Faculty Henry A. Rosovsky censured Kilson after the sexual harassment complaint came to light, asking him to write an apology letter to Sections 2/17/25, 12:31 Professor Scolded for Harrassment | News | The Harvard Crimson 1/4 Want to keep up with breaking news? Subscribe to our email newsletter. York. Kilson took a sick leave from the College during the spring term of 1980. Furthermore, Rosovsky warned Kilson that if he repeated the offense, his tenure could be revoked by the Harvard Corporation did commit an act of impropriety, as was fully aware,\u201d Kilson told The Crimson in December 1979. But he added that he did not intend to offend York. He said that it was \u201ca valid perception\u201d that his acts be seen as sexual harassment, but said he believed she misinterpreted his purpose. As he added, \u201cmy general affectionate air could be misinterpreted.\u201d During a Kennedy School of Government forum in May 1980, many women asked Judith B. Walzer\u00ad\u2014who served as assistant dean of the College for coeducation and the administrator who handles sexual harassment complaints \u2014to explain the obscure policies over reporting sexual harassment. In response, Walzer said she would ensure the University publicizes the procedures more carefully. Subsequently, Walzer recommended to Dean of Harvard College John B. Fox that the University clarify its definition of \u201csexual harassment\u201d and publicize it in the student handbook. Jennifer L. Pensler \u201980, who served as president of the Radcliffe Union of Students during her college years, recalls that sexual harassment was an important issue during her time on campus met with Judith Walzer and there wasn\u2019t a place to go to make a complaint, no clear guidelines,\u201d she said. Problems with dealing with sexual harassment and women\u2019s issues remained. Dean Fox admitted in a June 5, 1980 article in The Crimson that for the 1979- 1980 school year, he \u201cforgot to remind all of the [house] masters to hire a women\u2019s adviser.\u201d Furthermore, Fox\u2019s decision not to label women\u2019s advisers as such made them much more difficult to seek out, possibly causing many students not to report cases of sexual harassment. \u2014Staff writer Bari M. Schwartz can be reached at bschwart@fas.harvard.edu Sections 2/17/25, 12:31 Professor Scolded for Harrassment | News | The Harvard Crimson 2/4 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 5. 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Sections 2/17/25, 12:31 Professor Scolded for Harrassment | 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 Huckberry Holiday Guide Welcome to your one-stop gifting destination for men and women\u2014it's like your neighborhood holiday shop, but way cooler Siddharth's Essay Admit Expert is a premium admissions consulting company, helping candidates secure admission to top B-schools across the globe with significant scholarships. Sections 2/17/25, 12:31 Professor Scolded for Harrassment | News | The Harvard Crimson 4/4", "7362_102.pdf": "November 4, 2020 \u25a0 6 min read Memorial Minute \u2014 Faculty of Arts and Sciences At a Meeting of the Faculty of Arts and Sciences on November 3, 2020, the following tribute to the life and service of the late Martin Luther Kilson, Jr., was placed upon the permanent records of the Faculty. Martin Luther Kilson, Jr., a pioneering scholar of African and African American politics, was born in East Rutherford, New Jersey, and grew up in Ambler, a small town in Pennsylvania. He entered Lincoln University (Pennsylvania) in 1949 and became class valedictorian, receiving his B.A. magna cum laude in 1953. Always proud of his small-town origins, he spent the second half of the 20th century at Harvard. He arrived in 1953 as a graduate student and completed his Ph.D. dissertation under Rupert Emerson in 1959. In August 1959, he married Marion Dusser de Barenne, who became an anthropologist and with whom he had three children Martin Luther Kilson, Jr., 88 2/17/25, 12:31 Martin Luther Kilson, Jr., 88 \u2014 Harvard Gazette 1/4 After a brief period in West Africa with the Ford Foundation Foreign Area Training Program, Kilson returned to the Government Department as tutor, lecturer, and then assistant professor, before becoming in 1969 the first Black tenured professor to teach in the Faculty of Arts and Sciences. That same year, he served on what has become known as the Rosovsky Committee, exploring the creation of Black Studies at Harvard at a time of upheaval in the country and on campus. Outspoken in urging the fledgling department of (then) Afro-American Studies to prioritize academic excellence and embrace a cosmopolitan spirit within the broader University, Kilson went on to become a key member of the advisory board that helped to establish the W. E. B. Du Bois Institute at Harvard in 1975. In 1979 he was reprimanded for sexual harassment. At his death he was the Frank G. Thomson Professor of Government, Emeritus. He described \u201cthe number of Afro-American students [at Harvard before the late 1960s as] never enough to constitute a critical mass.\u201d He was always critical of the wish for \u201cestablishment-pretender\u201d status he saw as common among his fellow students, but from which his deep roots in the \u201cBlack variant of small-town . . . skepticism\u201d protected him. He came from a long line of free Black people, several of whom were founders and leaders of (and in one case literally a builder of (African Methodist Episcopal (African Union First Colored Methodist), and Methodist churches in the mid- Atlantic region. Kilson believed the function of leaders was to be social organizers and institution builders, to offer guidance and goals for a community. He owed these ideas to Du Bois, whom he heard speak when a freshman at Lincoln and revered ever after. Kilson accumulated various grants, consultancies, board or similar memberships, and was a fellow of both the American Academy of Arts and Sciences and the Black Academy of Arts and Letters. His many writings addressed issues of class and power and the socioeconomic foundations and intellectual requisites of effective political and intellectual leadership. He had been publishing articles on Africa for 10 years by the time his first book, \u201cPolitical Change in a West African State\u201d (1966), appeared. This study of political development in Sierra Leone was praised by various reviewers as \u201cilluminating,\u201d \u201crich in new ideas,\u201d even \u201cbrilliant\u201d and \u201cmasterly,\u201d particularly for the attention paid to both traditional authorities and masses. 2/17/25, 12:31 Martin Luther Kilson, Jr., 88 \u2014 Harvard Gazette 2/4 With Nathan I. Huggins, who later chaired Harvard\u2019s Afro-American Studies Department, and Daniel M. Fox, Kilson coedited \u201cKey Issues in the Afro-American Experience (1971), which for many years served as a popular textbook in the field. Another co-author and colleague, Robert Rotberg, recalled that they \u201chappily co-edited \u2018The African Diaspora: Interpretive Essays\u2019 (HUP, 1976) . . . that leaned considerably on Kilson\u2019s sense of African-American academic needs.\u201d In later years Kilson became more interested in how Black intellectuals viewed Africa and ultimately in the evolution of the African American intelligentsia, either in terms of what they were thinking or what they were (and should be) doing. Rotberg again: \u201cCreative and iconoclastic thinking is a hallmark of the best scholarship. Martin Kilson never shied away from controversial and provocative ideas, in the best and fullest sense. Political correctness was anathema to him. And so Kilson spurred his colleagues and students to test sometimes wild, often very productive avenues of intellectual endeavor.\u201d Insightful and extremely knowledgeable on Africa, he was rigorous as an adviser and trained and mentored many generations of undergraduate and graduate students. He was also a genial professor who, wearing a widely visible big hat, might shout out a student\u2019s or colleague\u2019s surname on the street and then walk up with a broad smile and twinkle in his eyes and engage the person in a long dialogue, carried on with a voice both melodious and hoarse. Jerry Watts, who entered Harvard College in 1971, wrote that he could not remember \u201cwhether it was Kilson\u2019s unique way of thinking or his obtrusive deviancy, rhetorical and sartorial, that first attracted\u201d him to this \u201clarger-than- life person.\u201d He considered his own intellectual approach \u201cdecidedly Kilsonian.\u201d Cornel West, who later became a University Professor at Harvard, similarly testified that Kilson \u201ctook me in as pupil and student \u2014 exposed me to a cosmopolitan world, the life of the mind, to an international dialogue about justice and power, about structures and institutions.\u201d West added that he is still \u201cMartin\u2019s student\u201d and commented am so blessed to have had him in my life.\u201d 2/17/25, 12:31 Martin Luther Kilson, Jr., 88 \u2014 Harvard Gazette 3/4 After retiring in 1999, Kilson reorganized many decades of his own scholarship into \u201cThe Transformation of the African American Intelligentsia 1880\u20132012,\u201d delivered in 2010 as W. E. B. Du Bois Lectures at the Du Bois Institute for African and African American Research and published by Harvard University Press in 2014. The book won an American Book Award from the Before Columbus Foundation in 2015. Appropriately, his first book was also reissued at this time. He died just months before he was to receive an honorary degree from his alma mater, Lincoln University, at a commencement ceremony where the lead speaker was to be John Lewis, another of his heroes from the \u201ccivil rights generation\u201d with which Kilson identified. His daughter Hannah L. Kilson accepted the degree on his behalf. Martin Kilson is survived by his wife, Marion Kilson; three children; six grandchildren; and two great-grandchildren. Respectfully submitted, Robert H. Bates Henry Louis Gates, Jr. Willard R. Johnson (MIT) Werner M. Sollors James E. Alt, Chair 2/17/25, 12:31 Martin Luther Kilson, Jr., 88 \u2014 Harvard Gazette 4/4"} |
7,816 | Michael Mullan | University of South Florida – Tampa | [
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] | {"7816_101.pdf": "News Published: 30 October 2003 South Florida rocked as dean quits over political funding Rex Dalton Nature 425, 889 (2003) 48k Accesses 1 Altmetric Metrics San Diego Beleaguered: the University of South Florida's medical college has been hit by resignations. Credit nature news article Download 2/17/25, 12:31 South Florida rocked as dean quits over political funding | Nature 1/5 Plans by the University of South Florida (USF) to enter the top league of biomedical research institutions suffered another blow this month with the resignation of the dean of its medical school. Robert Daugherty, who ran three medical colleges at the university, resigned on 13 October after admitting that he was raising money from faculty members to support a Florida state politician. The politician in question, Johnnie Byrd, has been instrumental in directing state funds towards the Tampa-based university. The resignation is the latest in a series of setbacks for USF's expansion plans, which are part of a wider push by institutions in the the fourth most populous state to punch their weight in biomedical research. Earlier this year, Michael Mullan, a prominent neuroscientist, resigned from after being accused of inappropriate behaviour with female staff. The resignation pushed a wealthy Alzheimer's research centre, led by Mullan, off the campus \u2014 along with a major federal grant to build a laboratory to study the genetic causes of drug addiction. Mullan, who was a member of the team that discovered a gene linked to Alzheimer's disease (M. C. Chartier-Harlin et al. Nature 353, 844\u2013846; 1991), was recruited by from Imperial College London in 1992. He resigned after a investigation concluded that he had sexually harassed one woman and created \u201ca serious risk\u201d of violating university policies in his pursuit of personal relationships with women in his lab. The 25-page report quotes witnesses as saying that he ran his lab in a controlling manner like \u201ca cult\u201d \u2014 allegedly favouring those women with whom he was pursuing personal 2/17/25, 12:31 South Florida rocked as dean quits over political funding | Nature 2/5 relationships. He allegedly threatened the career of one woman after their intimate relationship ceased, the report says. Michael Mullan resigned in January. In an interview, Mullan emphatically denied any impropriety. He called the report \u201cabsolute rubbish\u201d and said that it was part of a plan by top officials to smear him. After resigning in January, Mullan filed a civil lawsuit in Tampa against a former researcher whom he allegedly harassed in 1997. Mullan claims that Karen Gosche defamed him by commenting anonymously in a Tampa newspaper article about the report. On 13 October, a state judge rejected USF's request to dismiss this lawsuit, a move that may open the way for court-ordered testimony from women witnesses in the university's report attorney, Tom Gonzales, who represents Gosche, says that Mullan's lawsuit is an attempt to extract \u201crevenge\u201d on the university. Gosche, who is now a contract neuroscientist in Florida, says that produced an accurate and appropriate report. 2/17/25, 12:31 South Florida rocked as dean quits over political funding | Nature 3/5 But she adds that she is disturbed at being legally threatened for cooperating with the inquiry. The Alzheimer's institute headed by Mullan at left the campus with him. The Roskamp Institute is now based 30 km away in Sarasota, home of Robert Roskamp, the businessman and benefactor who contributed $5 million to set up the centre laboratory to study genetic factors in drug addiction, to be supported by $5.85 million from the White House Office of National Drug Control Policy, has also moved to Sarasota instead of to as originally planned. Meanwhile officials have been trying to establish a new Alzheimer's research institute. Byrd, the speaker of the Florida House of Representatives, last year helped to pass state legislation to provide $25 million for this project, and he is supporting a proposal to provide another $45 million for it next year. But president Judy Genshaft demanded Daugherty's resignation after learning that he was trying to collect political contributions for Byrd from university employees. Daugherty couldn't be reached for comment; Byrd denies knowing of the fund-raising effort. Rights and permissions Reprints and permissions About this article 2/17/25, 12:31 South Florida rocked as dean quits over political funding | Nature 4/5 Cite this article Dalton, R. South Florida rocked as dean quits over political funding. Nature 425, 889 (2003). Issue Date 30 October 2003 Share this article Anyone you share the following link with will be able to read this content: Get shareable link Provided by the Springer Nature SharedIt content-sharing initiative Nature (Nature 1476-4687 (online 0028-0836 (print) 2/17/25, 12:31 South Florida rocked as dean quits over political funding | Nature 5/5", "7816_102.pdf": "says ex-institute chief harassed women Published 1:49 a.m March 12, 2003 -- The former head of an Alzheimer's research institute at the University of South Florida sexually harassed a graduate student and pursued relationships with other female employees, the school says. An internal investigation released Monday determined that Michael Mullan's actions violated university policy. Mullan, 46, resigned in late January at the conclusion of a yearlong inquiry into several allegations of harassment. The equal opportunity office concluded its investigation in January. Mullan appealed to Provost David Stamps, who upheld the original determination last week officials said the law prevents them from discussing specific harassment allegations. Robert Daugherty, dean of USF's College of Medicine, said he would have fired Mullan, or at least taken away his supervisory duties at the Roskamp Institute, if he had not left. Mullan, who is married, denies the accusations. He said the report is full of \"innuendo, hearsay and make-believe.\" The report shows that at least four women in their 20s and 30s who all worked for Mullan told investigators he tried to seduce them or flirt with them. All the incidents allegedly happened between 1997 and 2001. One woman, then 21, told investigators that she developed a consensual relationship with Mullan at an out-of-town conference. She said that after their sexual relationship ended, Mullan told her: \"It took me one call to get you into medical school; it will take me one call make sure you never get it,\" according to the report woman who refused his advances said he told her: \"You can forget about your Ph.D., baby,\" according to the report. 2/17/25, 12:31 says ex-institute chief harassed women 1/2 Mullan resigned from the faculty in January, saying he would take the school's largest Alzheimer's research center with him, along with millions of dollars and dozens of scientists. He earned $207,402 annually. Mullan has since sued one of his accusers for defamation. 2/17/25, 12:31 says ex-institute chief harassed women 2/2"} |
8,238 | Mukund Vengalattore | Cornell University | [
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] | {"8238_101.pdf": "Former assistant professor sues Cornell, U.S. Department of Education Published 5:02 p.m Oct. 10, 2018 Updated 9:28 a.m Oct. 12, 2018 former Cornell University professor who faced a sexual misconduct allegation is suing the university, the U.S. Department of Education and Secretary of Education Betsy DeVos. In the lawsuit, Mukund Vengalatorre, a former assistant professor of physics, claims the university mishandled an investigation into the allegation as well as his tenure review process. The suit states he was discriminated against based on his gender and his Indian national origin. Vengalattore is suing for damages. He is suing Cornell on the grounds of Title and Title VI, violation of due process and defamation. The lawsuit Vengalattore has filed is his second against the university. In June 2016, he filed a lawsuit in the State Supreme Court, which sided with him, before a state appellate court overturned its decision five months ago. Because he was denied tenure and his contract expired in the summer, Vengalattore is no longer employed, said Caleb Kruckenberg, an attorney for the New Civil Liberties Alliance, which filed the lawsuit on behalf of Vengalattore. The Department of Education is being sued because of mandatory guidance it issued in 2011 that Cornell implemented, the lawsuit states. The lawsuit shows eight counts against DeVos and the Department of Education alleging they violated the Administrative Procedure Act and one count alleging they violated the spending clause. Matt Steecker ithacajournal.com 2/17/25, 12:32 Former professor sues Cornell, Betsy DeVos and Education Department 1/3 New Civil Liberties Alliance, a nonprofit public interest law firm based in Washington D.C., took on the case because its work consists of opposing administrative overreach, Kruckenberg said. The sexual misconduct claim came from a graduate student Vengalattore supervised in his lab. Vengalattore has denied the claim. Kruckenberg said the people who investigated the claim were the same as those who argued for the accuser and ultimately judicated the case. During the investigation, Vengalattore was uninformed as to what claims investigators were probing into despite his request for information, Kruckenberg said. \"He was never given an opportunity to defend himself,\" Kruckenberg said. More: Appellate court reaches favorable decision for Cornell University in tenure dispute case More: Cornell University endowment gains almost 11 percent More: Cayuga Medical Center/Health System President and announces retirement Cornell's handling of the investigation adhered to Department of Education policies that were instituted in 2011, Kruckenberg said. The attorney said the policies lead to more outcome-focused results, whereas before there were complaints the accused were \"given too much process.\" DeVos was not secretary of education in 2011 and has rescinded the 2011 guidance letter and replaced it with an Interim while the department is working to regulate on Title IX. \"This interim guidance will help schools as they work to combat sexual misconduct and will treat all students fairly,\" DeVos said in a September 2017 press release. \"Schools must continue to confront these horrific crimes and behaviors head-on. There will be no more sweeping them under the rug. But the process also must be fair and impartial, giving everyone more confidence in its outcomes.\" Because of Cornell's handling of the investigation and the Department of Education's policies at the time, Kruckenberg argues Vengalattore never received due process because he did not receive a fair hearing. 2/17/25, 12:32 Former professor sues Cornell, Betsy DeVos and Education Department 2/3 \"It's easier to find the accused responsible,\" Kruckenberg said. \"This lawsuit is a great example of the abuses that come up because of the Department of Education and its policies.\" Gretchen Ritter, then-dean of Cornell's College of Arts and Sciences, affirmed and reaffirmed her decision to deny Vengalattore's promotion request. Provost Michael Kotlikoff accepted the negative tenure determination in May 2016. Five months ago, a state appellate court sided with Cornell University in the case disputing the tenure review process for Vengalattore. \"We also find, unlike Supreme Court, that neither the sexual misconduct allegations raised by the graduate student nor her May 2014 letter improperly influenced the tenure decision,\" the decision stated. Although the claim against the Vengalattore may have been discussed during the tenure review process, decision stated, \u201cthe record of evidence indicates that such allegations did not factor into the final tenure decision.\u201d The decision \"unequivocally vindicates Dean Ritter, who the court found carefully adhered to university policy while navigating a complex tenure matter fairly, appropriately and with good judgment,\" said Joel Malina, Cornell's vice president for university relations, following the announcement of the decision. \"The decision today also affirms principles of great importance to institutions of higher education in New York, particularly the judicial deference properly afforded academic institutions in tenure and promotion decisions.\" Cornell University declined to comment on the lawsuit. Kruckenberg said the university and the Department of Education have not responded to the lawsuit so far. Elizabeth Hill, press secretary for the Department of Education, declined to comment on the pending litigation. Follow @MSteecker on Twitter. Support our journalism and become a digital subscriber today. Click here for our special offers. 2/17/25, 12:32 Former professor sues Cornell, Betsy DeVos and Education Department 3/3", "8238_102.pdf": "From Casetext: Smarter Legal Research Vengalattore v. Cornell Univ May 1, 2020 3:18-cv-1124 (GLS/TWD) (N.D.N.Y. May. 1, 2020) Copy Citation Download Check Treatment Delegate legal research to CoCounsel, your new legal assistant. Try CoCounsel free 3:18-cv-1124 (GLS/TWD) 05-01-2020 VENGALATTORE, Plaintiff, v et al., Defendants PLAINTIFF: New Civil Liberties Alliance 1225 19th St Suite 450 Washington 20036 DEFENDANTS: Cornell University Ward Greenberg Heller & Reidy 1800 Bausch & Lomb Place Rochester 14604-2713 Office of Counsel 300 Building, Sign In Search all cases and statutes... Opinion Case details 2/17/25, 12:32 Vengalattore v. Cornell Univ., 3:18-cv-1124 (GLS/TWD) | Casetext Search + Citator 1/18 Gary L. Sharpe Senior District Judge Garden Avenue Ithaca 14853 Betsy Devos & U.S. Department of Education United States Attorney P.O. Box 7198 100 South Clinton Street Syracuse 13261-7198 Assistant U.S. Attorney PLAINTIFF: New Civil Liberties Alliance 1225 19th St Suite 450 Washington 20036 DEFENDANTS: Cornell University Ward Greenberg Heller & Reidy 1800 Bausch & Lomb Place Rochester 14604-2713 Office of Counsel 300 Building, Garden Avenue Ithaca 14853 Betsy Devos & U.S. Department of Education United States Attorney P.O. Box 7198 100 South Clinton Street Syracuse 13261-7198 Assistant U.S. Attorney *2 2 Gary L. Sharpe Senior District Judge 2/17/25, 12:32 Vengalattore v. Cornell Univ., 3:18-cv-1124 (GLS/TWD) | Casetext Search + Citator 2/18 I. Introduction Plaintiff Dr. Mukund Vengalattore brings this action against defendants Secretary of Education Betsy Devos, in her official capacity, and the U.S. Department of Education (collectively, hereinafter \"federal defendants\"), and Cornell University. (Am. Compl., Dkt. No. 31.) Pending are defendants' motions to dismiss and/or for summary judgment. (Dkt. Nos. 36, 41.) For the reasons stated below, defendants' motions are granted. II. Background A. Facts 1 1 The facts are drawn from Vengalattore's amended complaint and presented in the light most favorable to him. 1. Cornell's Investigation In 2009, Vengalattore was hired by Cornell as an Assistant Professor of Physics. (Am. Compl. \u00b6 196.) After several years at Cornell, Vengalattore was considered for a promotion to tenured professor, but his tenure application was ultimately denied. (Id. \u00b6\u00b6 293, 342, 628, 631.) *3 3 During his time at Cornell, Vengalattore worked on an experiment in his lab, and recruited graduate assistants to help him. (Id. \u00b6 199.) \"Jane Roe,\" a Cornell graduate student, began working under Vengalattore in the spring of 2009. (Id. \u00b6\u00b6 201-02.) Shortly after Vengalattore's tenure review began, Roe sent a letter to the tenure review committee, describing a time in the lab when \"Vengalattore became so impatient with [Roe's] position that he picked up the power supply in dispute\u2014a metal box weighing five pounds\u2014and threw it at [her].\" (Id. \u00b6 310.) Roe also made accusations that Vengalattore \"committed sexual misconduct,\" and that he \"had been romantically involved with her.\" (Id. \u00b6\u00b6 324, 332.) In February 2015, Cornell began an investigation into Roe's allegations. (Id. \u00b6\u00b6 343-574.) The investigators failed to follow Cornell's protective procedures as set forth in its faculty handbook and the campus bylaws, and \"ignor[ed] witness complaints\" about Roe's \"inappropriate racial comments 2/17/25, 12:32 Vengalattore v. Cornell Univ., 3:18-cv-1124 (GLS/TWD) | Casetext Search + Citator 3/18 in the lab, telling . . . Vengalattore in front of the other students, 'You are all Indians. Of course you stick together,' and telling [him and other students in the lab] that they could be expected to work long hours because 'they are Indians, who are hardworking like Chinese.'\" *4 (Id. \u00b6 693.) 4 In September 2015, a final written report from the investigation was issued, \"recommend[ing] that the Dean find that a preponderance of the credible evidence supports the conclusion that [Vengalattore] . . . had a romantic or sexual relationship with [Roe], a student he directly supervised,\" but \"that no specific finding be made as to whether the first sexual encounter rises to the level of sexual assault as defined by Policy 6.4,\" which is Cornell's Title policy. (Id. \u00b6\u00b6 575-76.) In October 2015, Gretchen Ritter, Dean of the College of Arts and Sciences, adopted this recommendation, finding that Vengalattore violated Cornell's \"Romantic and Sexual Relationships Between Students and Staff\" policy. (Id. \u00b6\u00b6 621-22.) This policy is set forth in Cornell's Faculty Handbook, and was \"promulgated by the Faculty Council of Representatives,\" effective in September 1996. (Id. \u00b6\u00b6 174, 577.) The policy \"generally provide[s] that a faculty member 'should' not 'simultaneously be romantically or sexually involved with a student whom he or she teaches, advises, coaches, or supervises in any way' because a 'conflict of interest arises when an individual evaluates the work or performance of a person with whom he or she is engaged in a romantic or *5 sexual relationship.'\" (Id. \u00b6 175.) 5 In adopting the recommendation, Ritter wrote find that a preponderance of evidence supports the claim that you were involved in a sexual relationship with your former graduate student over a period of several months while also serving as her graduate advisor. As a result find that you have violated the university's 'Romantic and Sexual Relationships' policy by engaging in such conduct also find that there is not significant evidence to support the claim that the initial sexual encounter between you and the graduate student involved a sexual assault. . . . Given the finding of an inappropriate sexual relationship also find that in your 2/17/25, 12:32 Vengalattore v. Cornell Univ., 3:18-cv-1124 (GLS/TWD) | Casetext Search + Citator 4/18 (Id. \u00b6 622.) Based on these findings, Vengalattore was suspended, without pay, for a two-week period, effective June 1, 2017. (Id. \u00b6\u00b6 623, 637-38.) About one year later, in June 2018, Vengalattore's \"academic appointment . . . ended.\" (Id. \u00b6 647.) denial of a sexual relationship you have lied to the investigators in this case. Since leaving Cornell, Vengalattore has been unable to secure lab support and continue his research projects. (Id. \u00b6\u00b6 648, 651.) Vengalattore alleges that \"Cornell has communicated to [a number of] colleges and universities the substance of . . . Ritter's [false] finding that . . . Vengalattore was involved in a sexual relationship with his former graduate student over a period of several months while also serving as her *6 graduate advisor, and that he lied to the investigators about that relationship.\" (Id. \u00b6\u00b6 654-56.) \"As a result . . . none of these colleges or universities have offered employment to . . . Vengalattore or allowed him to conduct his research at their facilities.\" (Id. \u00b6 657.) 6 2. The Challenged Guidance Documents The Office of Civil Rights (OCR) has published several guidance documents, including: (1) a \"Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties\" (hereinafter \"2001 Guidance\"); (2) a \"Dear Colleague Letter\" (hereinafter \"2011 DCL\"); and (3) a \"Questions and Answers on Title and Sexual Violence\" (hereinafter \"2014 Q&A\"). (Id. \u00b6\u00b6 27, 35, 49.) Through these guidance documents, federal defendants \"coerced . . . Cornell to revise its campus disciplinary policies, and its policies for adjudicating faculty complaints,\" and \"coerced . . . Cornell to remove appropriate protections\" during campus disciplinary proceedings. (Id. \u00b6\u00b6 703-04.) When conducting its disciplinary proceedings against Vengalattore, Cornell \"act[ed] at the behest\" of federal defendants, and denied him due process rights, \"for fear of being subject to an enforcement action.\" (Id. \u00b6\u00b6 708-09.) *7 B. Procedural History 7 2/17/25, 12:32 Vengalattore v. Cornell Univ., 3:18-cv-1124 (GLS/TWD) | Casetext Search + Citator 5/18 Vengalattore commenced this action on September 18, 2018. (Compl., Dkt. No. 1.) Federal defendants then moved to dismiss, (Dkt. No. 21), and Cornell filed an answer and a motion for a judgment on the pleadings under Fed. R. Civ. P. 12(c), (Dkt. Nos. 22, 23). In response, Vengalattore filed an amended complaint as of right, which is now the operative pleading. (Am. Compl.) In his amended complaint, Vengalattore asserts the following claims against Cornell: (1) a violation of Title ; (2) a violation of Title ; (3) a violation of due process pursuant to 42 U.S.C. \u00a7 1983; and (4) defamation. (Am. Compl. 658-733.) He asserts the following claims against federal defendants: (1) a violation of the Administrative Procedure Act (APA), and (2) a violation of the Spending Clause of the United States Constitution. (Id. \u00b6\u00b6 734-846.) Before the court is federal defendants' motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(1) and (6), (Dkt. No. 36), and Cornell's *8 motion to dismiss pursuant to Fed. R. Civ. P. 12(c) and/or for summary judgment pursuant to Fed. R. Civ. P. 56, (Dkt. No. 41). 2 3 4 5 8 2 See 20 U.S.C. \u00a7\u00a7 1681-88. 3 See 42 U.S.C. \u00a7\u00a7 2000d-2000d-7. 4 See 5 U.S.C. \u00a7 706. 5 U.S. Const., Art. I, \u00a7 8, cl. 1. III. Standards of Review A. Motion to Dismiss The standards of review under Fed. R. Civ. P. 12(b)(6) and 12(c), which are the same, see Wright v. Monroe Cmty. Hosp., 493 F. App'x 233, 234 (2d Cir. 2012), are well settled and will not be repeated here. For a full discussion of the governing standard, the court refers the parties to its prior decision in Ellis v. Cohen & Slamowitz, LLP, 701 F. Supp. 2d 215, 218 (N.D.N.Y. 2010). Under Rule 12(b)(1), the standard of review is similar to that of Rule 12(b) (6) and 12(c), except that the court \"may refer to evidence outside the pleadings . . . [and a] plaintiff asserting subject matter jurisdiction has the burden of proving by a preponderance of the evidence that it exists.\" 2/17/25, 12:32 Vengalattore v. Cornell Univ., 3:18-cv-1124 (GLS/TWD) | Casetext Search + Citator 6/18 *10 Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61 (1992) (internal quotation marks, alterations, and citations omitted). Makarova v. United States, 201 F.3d 110, 113 (2d Cir. 2000) (citations omitted). B. Motion for Summary Judgment The standard of review under Fed. R. Civ. P. 56 is well settled and will not be repeated here. For a full discussion of the governing standard, *9 the court refers the parties to its prior decision in Wagner v. Swarts, 827 F. Supp. 2d 85, 92 (N.D.N.Y. 2011), aff'd sub nom. Wagner v. Sprague, 489 F. App'x 500 (2d Cir. 2012). 9 IV. Discussion A. Federal Defendants' Motion Vengalattore challenges the 2001 Guidance, the 2011 DCL, and the 2014 (collectively, hereinafter \"the Guidance Documents\"), seeking declaratory and injunctive relief and alleging causes of action for violations of the and the Spending Clause. (Am. Compl. \u00b6\u00b6 734-846.) Federal defendants argue, among other things, that Vengalattore lacks standing to challenge these guidance documents. (Dkt. No. 36, Attach. 1 at 8-14.) The court agrees. The Supreme Court has enumerated the following elements necessary to establish Article standing: First, the plaintiff must have suffered an injury in fact\u2014an invasion of a legally-protected interest which is (a) concrete and particularized, and (b) actual or imminent, not conjectural or hypothetical. Second, there must be a causal connection between the injury and the conduct complained of\u2014the injury has to be fairly traceable to the challenged action of the defendant, and not the result of the independent action of some third party not before the court. Third, 10 it must be likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision. 2/17/25, 12:32 Vengalattore v. Cornell Univ., 3:18-cv-1124 (GLS/TWD) | Casetext Search + Citator 7/18 Assuming the injury prong has been satisfied, Vengalattore fails to plausibly allege causation. The causation prong requires a plaintiff to show that there is a \"causal connection between the injury and the conduct complained of,\" which requires the injury to be \"fairly traceable to the challenged action of the defendant, and not the result of the independent action of some third party not before the court.\" Lujan, 504 U.S. at 560 (alterations and citation omitted). Federal defendants argue that Vengalattore fails to allege any causal connection between his purported injuries and the Guidance Documents, because his two-week suspension, and the ensuing reputational harm flowing therefrom, were caused by Cornell's independent actions, \"based upon the application of their internal policies and procedures,\" not from the Guidance Documents. (Dkt. No. 36, Attach. 1 at 10-13.) Vengalattore relies on Department of Commerce v. New York, 139 S.Ct. 2551 (2019) in advancing his argument that his injuries are *11 \"traceable\" to the Guidance Documents because, even though his injuries \"arose from the 'decisions of independent actors,'\" namely Cornell, \"it was entirely predictable that Cornell would impose its unfair disciplinary process in response.\" (Dkt. No. 42 at 2-4.) However, in Department of Commerce, although the plaintiffs' alleged injury required the intervening acts of third parties not before the court, the plaintiffs demonstrated, through evidence at trial, that \"third parties will likely react in predictable ways\" regarding a citizenship question in the census. 139 S.Ct. at 2566. Therefore, the plaintiffs' \"theory of standing . . . [did] not rest on mere speculation about the decisions of third parties; it relie[d] instead on the predictable effect of Government action on the decisions of third parties.\" Id. Here, Vengalattore has made no such showing. To the contrary, the injuries he alleges\u2014a two- week suspension, and reputational harms flowing therefrom\u2014arise directly, and only, from Ritter's findings that he violated Cornell's \"Romantic and Sexual Relationships\" policy, which had been in effect since September of 1996, prior to the Guidance Documents. (Am. Compl. \u00b6\u00b6 577, 622-23, 638.) 11 And, there are no allegations that Ritter based her finding on the Guidance Documents. See Parsons v. U.S. Dep't of Justice, 801 F.3d 701, *12 713-14 (6th Cir. 2015) (holding that the plaintiff's connected their injury to the 12 2/17/25, 12:32 Vengalattore v. Cornell Univ., 3:18-cv-1124 (GLS/TWD) | Casetext Search + Citator 8/18 challenged action of the Department of Justice's (DOJ's) designation of fans of the Insane Clown Posse musical group as a gang, because the plaintiffs alleged that local law enforcement officials acted \"based on\" the DOJ's gang designation). Lastly, as to his alleged reputational injuries, Vengalattore asserts that Cornell, not the Department of Education, \"re-published\" this statement to third parties such as other universities and colleges, causing him \"loss of career opportunities\" and \"reputational damages.\" (Id. \u00b6\u00b6 724, 732.) Accordingly, because the amended complaint fails to plausibly allege any causal connection between the Guidance Documents and Vengalattore's injuries, he has no standing to challenge federal defendants' actions. This is further emphasized by his failure to satisfy the redressability prong. The redressability prong requires a showing that it is \"likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision.\" Lujan, 504 U.S. at 561 (internal quotation marks and citation omitted). When a plaintiff's alleged injury \"arises from the government's allegedly unlawful regulation . . . of someone else, much *13 more is needed.\" Id. at 562. Thus, although \"standing is not precluded . . . when the plaintiff is not himself the object of the government action or inaction he challenges,\" id., \" [r]edressability is typically more difficult to establish where the prospective benefit to the plaintiff depends on the actions of independent actors,\" Parsons, 801 F.3d at 715-16 (citing ASARCO, Inc. v. Kadish, 490 U.S. 605, 615 (1989 plaintiff has not shown a redressable injury when \"it is purely speculative that a requested change in government policy will alter the behavior of regulated third parties that are the direct cause of the plaintiff's injuries.\" Nat'l Wrestling Coaches Ass'n v. Dep't of Educ., 366 F.3d 930, 938 (D.C. Cir. 2004), abrogated on other grounds by Perry Capital v. Mnuchin, 864 F.3d 591, 620 (D.C. Cir. 2017). 13 Federal defendants argue that Vengalattore fails to show how a favorable decision would redress his injuries, because his injuries are a result of Cornell's independent actions, based on Cornell's own policies, not the Guidance Documents. (Dkt. No. 36, Attach. 1 at 13-14.) 2/17/25, 12:32 Vengalattore v. Cornell Univ., 3:18-cv-1124 (GLS/TWD) | Casetext Search + Citator 9/18 Vengalattore maintains that his \"injuries are related to the discipline imposed by Cornell and the ensuing reputational harms,\" and that such \"injuries could, at least in part, be redressed by a favorable decision *14 against the Department, because it would improve [his] reputation with potential future employers and his position with respect to Cornell.\" (Dkt. No. 42 at 6-7.) More specifically, his \"career prospects would be improved,\" and \"Cornell also could no longer just blame the Department for its own unfair proceeding if the guidance itself were declared unlawful, which would further improve [his] ability to challenge the process used against him.\" (Id. at 7-8.) 14 However, these arguments rest entirely on the actions of third parties, and fail to demonstrate how the requested relief as to federal defendants will redress his alleged injuries. Rather, Vengalattore only speculates that the requested relief would result in Cornell altering its independent choice to find him in violation of its \"Romantic and Sexual Relationships\" policy, and therefore improve his career prospects and his position with respect to Cornell, which is inadequate. See Nat'l Wrestling, 366 F.3d at 933, 937 (holding the plaintiffs had no standing to challenge the Department of Education's policy interpretations and clarifications on complying with Title IX, because the \"direct causes\" of the plaintiffs' injuries arose from the independent decisions of educational institutions that chose to eliminate or reduce the size of men's wrestling teams, and they \"offer[ed] nothing but *15 speculation to substantiate their assertion that a favorable judicial decision would result in schools altering their independent choices regarding the restoration or preservation of men's wrestling programs\"). 15 And, as noted above, because Vengalattore has failed to claim that Cornell found him in violation of its \"Romantic and Sexual Relationships\" policy because of the Guidance Documents, his pleading fails to plausibly allege that the requested relief would redress his injuries. See Parsons, 801 F.3d at 717 (\"While [the court] cannot be certain whether and how the declaration sought by the [plaintiffs] will affect third-party law enforcement officers, it is reasonable to assume a likelihood that the injury would be partially redressed where, as here, the [plaintiffs] have alleged that the law enforcement officers violated their rights because of the [DOJ's report].\" (citation omitted)). Nor does the amended complaint allege that Cornell 2/17/25, 12:32 Vengalattore v. Cornell Univ., 3:18-cv-1124 (GLS/TWD) | Casetext Search + Citator 10/18 would have found Vengalattore in violation of its \"Romantic and Sexual Relationships\" policy absent the Guidance Documents. See SurvJustice Inc. v. Devos, No. 18-cv-00535, 2019 1434141, at *6 (N.D. Cal. Mar. 29, 2019) (\" [T]here is nothing to suggest that in complying with Title and its implementing regulations schools would engage in the allegedly injurious conduct absent the 2017 Guidance.\") *16 16 Because Vengalattore has failed to establish Article standing, he is unable to challenge the Department's guidance documents. See Nat'l Wrestling, 366 F.3d at 937 (\"Absent a showing of redressability, appellants have no standing to challenge the Department's enforcement policies, and we have no jurisdiction to consider their claims.\") Accordingly, federal defendants' motion to dismiss Vengalattore's claims for violations of the and the Spending Clause is granted, and these claims are dismissed. B. Cornell's Motion 1. Title Vengalattore claims that, in violation of Title IX, \"Cornell discriminated against [him] because of his sex by applying an unfair, unreliable and partial process against him in resolving Roe's complaint against him,\" and that \"Cornell applied its policies and procedures in a gender-biased manner . . . which led to an erroneous and adverse employment outcome.\" (Am. Compl. \u00b6\u00b6 663, 668.) Cornell argues that Vengalattore fails to state a Title claim because no private right of action exists under Title for claims of employment discrimination. (Dkt. No. 41, Attach. 1 at 13-14.) Thus, because Vengalattore was an employee at Cornell at all relevant times, and because the \"claims relate[] to tenure denial and misconduct findings *17 constitut[ing] quintessential employment-related claims,\" he \"has no basis to assert claims under Title IX.\" (Id. at 14.) The court agrees. 17 Title provides that \"[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.\" 20 U.S.C. \u00a7 1681(a). Although the Second Circuit has not ruled on whether a private right of action exists under Title for claims of employment discrimination, \"[a]n 2/17/25, 12:32 Vengalattore v. Cornell Univ., 3:18-cv-1124 (GLS/TWD) | Casetext Search + Citator 11/18 overwhelming majority of district courts in this Circuit have found that an implied private right of action does not exist[] under Title for employees alleging gender discrimination in the terms and conditions of their employment.\" Gayle v. Children's Aid Coll. Prep Charter Sch., No. 18 Civ. 9874, 2019 3759097, at *4-5 (S.D.N.Y. July 29, 2019) (citations omitted); see Philpott v. New York, 252 F. Supp. 3d 313, 319 (S.D.N.Y. 2017) (\"Accordingly join many other courts in this district, and hold that employment discrimination claims are not actionable under Title IX.\" (citations omitted)); Carter v. City of Syracuse, No. 5:10-CV-690, 2012 930798, at *4 (N.D.N.Y. Mar. 19, 2012), vacated in part by 656 F. App'x 566 (2d Cir. 2016) (\"The weight of authority in this circuit . . . supports a finding that Title provides the *18 exclusive means under which a plaintiff may recover for employment discrimination on the basis of sex.\") 18 Accordingly, Vengalattore's Title claim is dismissed. 2. Title Next, Vengalattore claims that, in violation of Title VI, \"Cornell intentionally discriminated against [him] because of his race, color or national origin by applying an unfair, unreliable and partial process against him in resolving Roe's complaints against him,\" and that \"Cornell applied its policies and procedures in a racially-biased manner . . . which led to an erroneous and adverse employment outcome.\" (Am. Compl. \u00b6\u00b6 686, 691.) Cornell argues that Vengalattore fails to state a claim under Title because he has not sufficiently pleaded: (1) \"that Cornell was a recipient of federal funds aimed primarily at funding employment,\" and (2) \"that any decisionmaker at Cornell was influenced by his national origin when those decisionmakers took the employment actions Vengalattore now seeks to challenge.\" (Dkt. No. 41, Attach. 1 at 16.) Title is parallel to Title IX, except that it prohibits race discrimination, not sex discrimination: \"No person in the United States shall, on the ground of race, color, or national origin, be excluded from *19 participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.\" 42 U.S.C. \u00a7 2000d. To state a claim for a violation of Title VI, a plaintiff must allege that: \"(1) [the 19 2/17/25, 12:32 Vengalattore v. Cornell Univ., 3:18-cv-1124 (GLS/TWD) | Casetext Search + Citator 12/18 defendant] received federal financial assistance, (2) [the plaintiff] was an intended beneficiary of the program or activity receiving the assistance, and (3) [the defendant] discriminated against [the plaintiff] on the basis of race, color, or national origin in connection with that program or activity.\" Commodari v. Long Island Univ., 89 F. Supp. 2d 353, 378 (E.D.N.Y. 2000), aff'd, 62 F. App'x 28 (2d Cir. 2003) (citations omitted); see Ass'n Against Discrimination in Employment, Inc. v. City of Bridgeport, 647 F.2d 256, 276 (2d Cir. 1981) (\"[A] threshold requirement is that the employer be the recipient of federal funds aimed primarily at providing employment.\" (citations omitted)). With regard to the first two prongs, Vengalattore claims that Cornell is the recipient of federal funding, which is \"aimed primarily at providing employment,\" \"creat[ing] jobs and maintaining existing ones at the university,\" and \"expanding job opportunities at the university and elsewhere.\" (Am. Compl. \u00b6\u00b6 677-79.) For example, he alleges that Cornell received an award from \"the American Recovery and Reinvestment Act of *20 2009 to implement a new degree program 'specifically designed to introduce graduate trainees to the . . . industry' in order 'to cultivate the next generation of highly trained graduate students'\"; from the National Science Foundation \"to help eliminate 'large gender differences in occupational retention among graduates in early career, with a particular emphasis on . . . workplace climate in retaining recent graduates\"; and from the National Aeronautics and Space Administration \"to initiate a community college partnership program aimed at improving 'training opportunities' and employment for students studying fields.\" (Id. \u00b6 680 (emphasis added).) However, such federal funding is arguably for the primary purpose of funding programs at Cornell, for the benefit of participating students, not for employing Vengalattore. See, e.g., Commodari, 89 F. Supp. 2d at 378 (dismissing the plaintiff's Title claim for lack of standing, finding that the \"intended beneficiaries of the [federally funded] program were the participating students, not the professors, such as [the plaintiff], who administered the program. Put another way, the program was not 'aimed primarily at providing employment'\" (citation omitted)). 20 Some of Vengalattore's other examples of federal funding provided to *21 Cornell \"for the purpose of providing employment to [him]\" include awards 21 2/17/25, 12:32 Vengalattore v. Cornell Univ., 3:18-cv-1124 (GLS/TWD) | Casetext Search + Citator 13/18 from the U.S. Department of Defense and from the National Science Foundation \"to conduct his research and employ appropriate staff to do so.\" (Am. Compl. \u00b6 682.) Drawing all factual allegations in favor of Vengalattore, he has plausibly alleged that this federal funding is for the primary purpose of providing employment to Vengalattore so that he can conduct his research. However, with regard to the third prong\u2014discrimination on the basis of race, color, or national origin\u2014Vengalattore's Title claim fails. To satisfy the discrimination requirement, \"a plaintiff must allege, inter alia, (1) that the defendant discriminated against him on the basis of race; (2) that that discrimination was intentional; and (3) that discrimination was a substantial and motivating factor for the defendant's actions.\" Manolov v. Borough of Manhattan Cmty. Coll., 952 F. Supp. 2d 522, 531 (S.D.N.Y. 2013) (citing Tolbert v. Queens Coll., 242 F.3d 58, 59 (2d Cir. 2001)). \"[A]n actionable discriminatory purpose . . . implies more than intent as volition or intent as awareness of consequences . . . . [it] implies that the decisionmaker . . . selected or reaffirmed a particular course of action at least in part 'because of,' not merely 'in spite of,' its adverse effects upon *22 an identifiable group.\" Clyburn v. Shields, 33 F. App'x 552, 554-55 (2d Cir. 2002) (some internal quotation marks, some alterations, and citation omitted). 22 Here, Vengalattore's amended complaint fails to set forth facts from which the court can plausibly infer that the decisionmakers at Cornell intentionally discriminated against him on the basis of his race in resolving Roe's complaints about him. Vengalattore claims that there were two racial characterizations of him made by Roe and a professor at Cornell\u2014neither of whom are alleged to have been decisionmakers in Cornell's resolution of Roe's allegations against Vengalattore: (1) a professor wrote to Ritter: \"Clearly the only students who are prepared to take the abuse he dishes out are both men and they are both from the Indian sub-continent, where perhaps the culture between advisor and prot\u00e9g\u00e9 is different\"; and (2) Roe's comments to Vengalattore while in the lab: \"You are all Indians. Of course you stick together,\" and, \"They are Indians, who are hardworking like Chinese.\" (Am. Compl. \u00b6 693.) Vengalattore contends that these statements were relayed to Ritter, and she \"did not object\" to these characterizations. (Id.) 2/17/25, 12:32 Vengalattore v. Cornell Univ., 3:18-cv-1124 (GLS/TWD) | Casetext Search + Citator 14/18 However, even if Ritter, the alleged final decisionmaker, (id.), was *23 aware of these statements, the court cannot plausibly infer that they were a substantial or motivating factor\u2014or any factor at all\u2014in resolving Roe's complaints against Vengalattore. See Clyburn, 33 F. App'x at 555; Sanders v. Grenadier Realty, Inc., No. 08 Civ. 3920, 2009 1270226, at *5 (S.D.N.Y. May 6, 2009) (dismissing Title claim where \"Plaintiffs attribute[d] Defendants' decision not to offer them rent subsidies to three factors, one of which is their race, but g[a]ve no indication that Plaintiffs' race was accorded special weight, thus making it a 'substantial' or 'motivating factor'\"). 23 Vengalattore's reliance on Menaker v. Hofstra University, 935 F.3d 20 (2d Cir. 2019), for his argument that \"[d]iscriminatory intent of subordinates may . . . be imputed to ultimate decisionmakers,\" (Dkt. No. 52 at 24-25), is unavailing. There, the court found that a student's discriminatory intent could be imputed to the university, because the \"officials specifically referenced [the student's] accusations in the course of terminating [the plaintiff], thereby acknowledging that she had 'played a meaningful role in the decision.'\" Menaker, 935 F.3d at 39. Here, there are no factual allegations from which the court can plausibly infer that the alleged racial characterizations played any meaningful role, or were a *24 substantial or motivating factor, in Ritter's final determination finding Vengalattore in violation of Cornell's Romantic and Sexual Relationship policy. See id. At most, Vengalattore alleges that Ritter \"made the final determination . . . on matters related to those discussed by [the professor].\" (Am. Compl. \u00b6 693.) This vague and conclusory allegation is insufficient to state a claim for intentional discrimination. See Clyburn, 33 F. App'x at 555. 24 Similarly, Vengalattore claims that Cornell rejected its procedural norms during the investigation because the investigators disregarded Roe's alleged statements; failed to conduct an investigation into her \"use of inappropriate language\"; and failed to \"draw any adverse conclusions from Roe's use of racially charged language.\" (Am. Compl. \u00b6 693.) However, these allegations are insufficient to give rise to an inference of intentional discrimination against Vengalattore on the basis of his race. See Menaker, 935 F.3d at 34 n.50 (\"[W]e emphasize that our standard requires clear irregularities to raise an inference of bias. Variations among employers, even among universities, are 2/17/25, 12:32 Vengalattore v. Cornell Univ., 3:18-cv-1124 (GLS/TWD) | Casetext Search + Citator 15/18 expected, and minimal irregularities (absent other indicia of bias) do not suffice to suggest discrimination.\"); Iscensko v. City of New York, No. 16 Civ. 6535, 2017 2880553, at *5 (S.D.N.Y. July *25 5, 2017) (\"[T]he mere fact that an employer failed to follow its own internal procedures does not necessarily suggest that the employer was motivated by illegal discriminatory intent.\") (citation omitted)). 25 Accordingly, Vengalattore's Title claim is dismissed. 3. Due Process Vengalattore claims that \"Cornell deprived [him] of his reputational interests by employing a flawed investigation that failed to comport with the basics of due process.\" (Am. Compl. \u00b6 718.) Cornell argues that Vengalattore fails to state a Section 1983 claim, because Cornell is not a state actor. (Dkt. No. 41, Attach. 1 at 20-21.) The court agrees. The Fourteenth Amendment, \"which prohibits the states from denying federal constitutional rights and which guarantees due process, applies to acts of the state, not to acts of private persons or entities.\" Rendell Baker v. Kohn, 457 U.S. 830, 837 (1982) (citations omitted). Vengalattore's constitutional due process allegations are against Cornell, a private institution, not a state actor. See Doe v. Rensselaer Polytechnic Inst., No. 1:18- CV-1374, 2019 181280, at *3 (N.D.N.Y. Jan. 11, 2019) (\"[T]o the extent that Plaintiff is claiming that Defendant RPI's disciplinary proceedings denied him constitutional due process, this argument has no *26 merit because Defendant is a private college and not a state actor.\"); Curto v. Smith, 248 F. Supp. 2d 132, 137, 139 (N.D.N.Y. 2003) (finding that receipt of state funding and state regulation did not render Cornell University or its statutory colleges a \"state actor\" in its creation and enforcement of educational and disciplinary policies). 26 To the extent Vengalattore argues that he \"has adequately alleged that Cornell is a state actor because of coercion from the Department of Education in adopting the unfair disciplinary process it used against him,\" (Dkt. No. 52 at 27), such argument is unavailing. See Doe v. Univ. of Denver, No. 16-cv-152, 2018 1304530, at *7 (D. Colo. Mar. 13, 2018) (\"[A] private university's compliance with Title regulations does not transform it into 2/17/25, 12:32 Vengalattore v. Cornell Univ., 3:18-cv-1124 (GLS/TWD) | Casetext Search + Citator 16/18 a state actor for purposes of the Fourteenth Amendment.\" (citing Doe v. Case W. Reserve Univ., No. 17-CV-414, 2017 3840418, at *10 (N.D. Ohio Sept. 1, 2017) (\"Despite extensive research, the Court has not found a single case in which a court has determined that a private school's compliance with Title IX's regulations make that entity a state actor for purposes of a Fourteenth Amendment due process claim.\")) (other citations omitted)). Accordingly, Vengallatore's Section 1983 claim is dismissed. *27 27 4. Defamation \"It is well settled that where, as here, the federal claims are eliminated in the early stages of litigation, courts should generally decline to exercise pendent jurisdiction over remaining state law claims.\" Klein & Co. Futures v. Bd. of Trade of City of N.Y., 464 F.3d 255, 262 (2d Cir. 2006) (citations omitted). \"In deciding whether to exercise jurisdiction over supplemental state-law claims, district courts should balance the values of judicial economy, convenience, fairness, and comity[.]\" Id. (citation omitted). Here, because the court dismisses all of Vengalattore's federal claims as against both Cornell and federal defendants, the court declines to exercise supplemental jurisdiction over his state law claim; therefore, Venglattore's defamation claim is dismissed. V. Conclusion WHEREFORE, for the foregoing reasons, it is hereby that federal defendants' motion to dismiss (Dkt. No. 36) is GRANTED; and it is further that Cornell University's motion to dismiss and/or for summary judgment (Dkt. No. 41) is GRANTED; and it is further that Vengalattore's amended complaint (Dkt. No. 31) is *28 DISMISSED; and it is further 28 that the Clerk close this case; and it is further that the Clerk provide a copy of this Memorandum-Decision and Order to the parties. 2/17/25, 12:32 Vengalattore v. Cornell Univ., 3:18-cv-1124 (GLS/TWD) | Casetext Search + Citator 17/18 ORDERED. May 1, 2020 Albany, New York /s/_________ Gary L. Sharpe U.S. District Judge About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/17/25, 12:32 Vengalattore v. Cornell Univ., 3:18-cv-1124 (GLS/TWD) | Casetext Search + Citator 18/18", "8238_103.pdf": "Vengalattore v. Cornell University (3:18-cv-01124) District Court, N.D. New York Last Updated: Jan. 24, 2025, 7:51 a.m. Assigned To: Glenn T. Suddaby (/person/3129/glenn-t-suddaby/) Referred To: Therese Wiley Dancks (/person/9431/therese-wiley-dancks/) Citation: Vengalattore v. Cornell University, 3:18-cv-01124, (N.D.N.Y.) Date Filed: Sept. 18, 2018 Date Terminated: Jan. 21, 2025 Date of Last Known Filing: Jan. 21, 2025 Cause: 42:1983 Civil Rights Act (/?type=r&cause=\"42:1983 Civil Rights Act\") Nature of Suit: 440 Civil Rights: Other (/?type=r&nature_of_suit=\"440 Civil Rights: Other\") Jury Demand: Both (/?type=r&q=juryDemand:\"Both\") Jurisdiction Type: U.S. Government Defendant \uf02c Tags \uf0f3 Get Alerts (/alert/docket/toggle/) \uf08e View on ( \uf00b Docket Entries (/docket/7898542/vengalattore-v-cornell-university/) \uf0c0 Parties and Attorneys (/docket/7898542/parties/vengalattore-v-cornell-university Integrated Database (/docket/7898542/idb/vengalattore-v-cornell-university/) Authorities (/docket/7898542/authorities/vengalattore-v-cornell-university/) \uf002 (/?type=r&q=docket_id%3A7898542) Filed to Documents to \uf163 Desc. \uf0d9 Prev. Next \uf0da Date Filed Description 1 Sep 18, 2018 with Jury Demand against Cornell University, Betsy Devos, and U.S. Department of Education (Filing fee $400 receipt number ANYNDC-4511125) filed by Mukund Vengalattore. (Attachments: # 1 Civil Cover Sheet)(see) (Entered: 09/19/2018) Search this docket \uf162 Asc. 2/17/25, 12:32 Vengalattore v. Cornell University, 3:18-cv-01124 \u2013 CourtListener.com 1/27 Main Doc (/docket/7898542/1/vengalattore- v-cornell- university/) Complaint Att 1 Civil Cover Sheet 2 Sep 18, 2018 Summonses Issued as to Cornell University, Betsy Devos, U.S. Department of Education, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Summons for Betsy Devos, # 2 Summons for U.S. Department of Education, # 3 Summons for U.S. Attorney, # 4 Summons for U.S. Attorney General)(see) (Entered: 09/19/2018) Main Doc 3 Sep 18, 2018 G.O. 25 ISSUED: Initial Conference set for 1/4/2019 at 10:30 in Binghamton before Magistrate Judge David E. Peebles. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 12/28/2018. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are to be filed with the Court.) (see) (Entered: 09/19/2018) Main Doc 4 Oct 5, 2018 of Service sent to Cornell University on 9/24/2018 by Mukund Vengalattore. Waiver of Service due by 10/24/2018. (Attachments: # 1 Exhibit(s) Proof of Delivery)(Kruckenberg, Caleb) (Entered: 10/05/2018) Main Doc 5 Oct 11, 2018 of Service for Complaint served on U.S. Dept. of Education on 10/05/2018, filed by Mukund Vengalattore. (Kruckenberg, Caleb) (Entered: 10/11/2018) Main Doc 6 Oct 11, 2018 of Service for Complaint served on Secretary Betsy DeVos on 10/05/2018, filed by Mukund Vengalattore. (Kruckenberg, Caleb) (Entered: 10/11/2018) Main Doc 7 Oct 11, 2018 of Service for Complaint served on U.S. Attorney General on 10/09/2018, filed by Mukund Vengalattore. (Kruckenberg, Caleb) (Entered: 10/11/2018) Main Doc 8 Oct 11, 2018 of Service for Complaint served on U.S. Attorney for the Northern District of N.Y. on 10/09/2018, filed by Mukund Vengalattore. (Kruckenberg, Caleb) (Entered: 10/11/2018) Main Doc 9 Oct 12, 2018 Returned Executed by Mukund Vengalattore. Cornell University waiver sent on 9/24/2018, answer due 11/23/2018. (Kruckenberg, Caleb) (Entered: 10/12/2018) Main Doc Oct 15, 2018 ***Answer due date updated for Betsy Devos answer due 12/10/2018; U.S. Department of Education answer due 12/10/2018. (see) 10 Nov 14, 2018 Letter Motion from William F. Larkin for Betsy Devos, U.S. Department of Education requesting a 45 day extension submitted to Judge David E. Peebles . (Attachments: # 1 certificate of service)(Larkin, William) (Entered: 11/14/2018) 2/17/25, 12:32 Vengalattore v. Cornell University, 3:18-cv-01124 \u2013 CourtListener.com 2/27 Main Doc Letter Request/Motion 11 Nov 14, 2018 of Appearance by Thomas S. D'Antonio on behalf of Cornell University (D'Antonio, Thomas) (Entered: 11/14/2018) Main Doc 12 Nov 14, 2018 Letter Motion from Thomas S. D'Antonio for Cornell University requesting Extension of time to answer, move against, or otherwise respond to the Complaint submitted to Judge Hon. David E. Peebles . (D'Antonio, Thomas) (Entered: 11/14/2018) Main Doc (/docket/7898542/12/vengalattore- v-cornell- university/) Letter Request/Motion 13 Nov 14, 2018 of Appearance by Jeffrey D. Casey on behalf of Cornell University (Casey, Jeffrey) (Entered: 11/14/2018) Main Doc 14 Nov 14, 2018 granting 10 and 12 Letter Requests. The time for all defendants to answer or otherwise respond to plaintiff's complaint is extended until 1/24/2019. The Initial Conference set for 1/4/2019 at 10:30 is rescheduled for 2/15/2019 at 11:30 in Binghamton before Magistrate Judge David E. Peebles. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 2/12/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are to be filed with the Court.) Authorized by Magistrate Judge David E. Peebles on 11/14/2018. (sal) (Entered: 11/14/2018) Main Doc 15 Jan 31, 2019 by Betsy Devos, U.S. Department of Education. (Attachments: # 1 certificate of service)(Larkin, William) (Entered: 01/31/2019) Main Doc 16 Jan 31, 2019 ORDER: The deadline for all defendants to answer or otherwise respond to plaintiff's complaint is set for 2/28/2019. The in person Initial Conference set for 2/15/2019 at 11:30 is for 4/5/2019 at 10:30 in Binghamton before Magistrate Judge David E. Peebles. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 3/29/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are to be filed with the Court.) Authorized by Magistrate Judge David E. Peebles on 1/31/2019. (sal ) (Entered: 01/31/2019) Main Doc 17 Feb 20, 2019 Letter Motion from William F. Larkin for Betsy Devos, U.S. Department of Education requesting a twenty-one (21) day extension for the defendants to answer or otherwise move against plaintiffs complaint submitted to Judge David E. Peebles . (Attachments: # 1 certificate of service)(Larkin, William) (Entered: 02/20/2019) Main Doc 18 Feb 20, 2019 granting 17 Letter Request for an extension of time for defendants Cornell University, Betsy Devos, and U.S. Department of Education to answer or otherwise respond to plaintiff's complaint on or before 3/21/2019. Authorized by Magistrate Judge David E. Peebles on 2/20/2019. (sal ) (Entered: 02/20/2019) Main Doc 19 Mar 13, 2019 2/17/25, 12:32 Vengalattore v. Cornell University, 3:18-cv-01124 \u2013 CourtListener.com 3/27 Letter Motion from Caleb Kruckenberg for Mukund Vengalattore requesting Postponement of the Initial Conference submitted to Judge David E. Peebles . (Attachments: # 1 Certificate of Service)(Kruckenberg, Caleb) (Entered: 03/13/2019) Main Doc Letter Request/Motion Mar 13, 2019 Order on Letter Request 20 Mar 13, 2019 re plaintiff's 19 letter request: The in person Rule 16 Conference set for 4/5/2019 at 10:30 in Binghamton is hereby adjourned without date pending a decision on the anticipated motions to dismiss. Authorized by Magistrate Judge David E. Peebles on 3/13/2019. (sal ) (Entered: 03/13/2019) Main Doc 21 Mar 20, 2019 to Dismiss Motion Hearing set for 5/2/2019 09:00 in Albany before Senior Judge Gary L. Sharpe Response to Motion due by 4/15/2019 Reply to Response to Motion due by 4/22/2019. filed by Betsy Devos, U.S. Department of Education. (Attachments: # 1 Motion to Dismiss, # 2 Memorandum of Law, # 3 Exhibit(s and B, # 4 Exhibit(s) C, # 5 Exhibit(s through O, # 6 Declaration of William F. Larkin, # 7 certificate of service) (Larkin, William) (Entered: 03/20/2019) Main Doc Dismiss 22 Mar 21, 2019 to 1 Complaint by Cornell University. (Attachments: # 1 Exhibit(s) Exhibit 1 - August 21, 2017 Order of the Supreme Court, Schuyler County, # 2 Exhibit(s) Exhibit 2 - August 24, 2017 Notice of Entry of the August 21, 2017 Order of the Supreme Court, Schuyler County, # 3 Exhibit(s) Exhibit 3 - Cornell University's Campus Code of Conduct, # 4 Exhibit(s) Exhibit 4 - Cornell University Policy 6.4, # 5 Exhibit(s) Exhibit 5 - Cornell University's Procedures for Resolution of Reports Against Faculty Under Policy 6.4, # 6 Exhibit(s) Exhibit 6 - Cornell Policy Prohibiting Romantic and Sexual Relationships Between Students and Staff, # 7 Exhibit(s) Exhibit 7 - October 6, 2015 Letter From Dean Gretchen Ritter to Professor Mukund Vengalattor, # 8 Exhibit(s) Exhibit 8 - February 6, 2017 Letter from Dean Gretchen Ritter to Professor Mukund Vengalattor, # 9 Exhibit(s) Exhibit 9 - Grievance Procedures for Academic Personnel at Cornell's College of Arts and Sciences, # 10 Exhibit(s) Exhibit 10 - Excerpts from Cornell University Bylaws, # 11 Exhibit(s) Exhibit 11 - Section 4.3 of the Cornell Faculty Handbook, # 12 Exhibit(s) Exhibit 12 - Communications from or on behalf of Mukund Vengalattore Threatening Initiate University Grievance Procedures, # 13 Exhibit(s) Exhibit 13 - September 25, 2016 Report of the Investigation into the Complaint of Jane Roe against Mukund Vengalattore, # 14 Exhibit(s) Exhibit 14 - May 10, 2018 Order of the Appellate Division, Third Judicial Department, # 15 Exhibit(s) Exhibit 15 - September 7, 2018 Order of the Appellate Division, Third Judicial Department, # 16 Exhibit(s) Exhibit 16 - Notices of Entry Accompanying the May 10, 2018 Appellate Division Order and September 7, 2018 Appellate Division Order, # 17 Exhibit(s) Exhibit 17 - May 3, 2016 Final Determination Issued by Cornell Provost Michael Kotlikoff Denying Tenure Application of Mukund Vengalattore, # 18 Exhibit(s) Exhibit 18 - February 16, 2016 Determination on Reconsideration issued by Dean Gretchen Ritter Denying Tenure Application of Muund Vengalattore, # 19 Exhibit(s) Exhibit 19 - October 29, 2014 Preliminary Determination of Dean Gretchen Ritter Regarding the Tenure Application of Mukund Vengalattore, # 20 Exhibit(s) Exhibit 20 - October 17, 2014 Ad hoc Committee Report Recommending Against Tenure Application of Mukund Vengalattore, # 21 Exhibit(s) Exhibit 21 - December 8, 2014 Determination by Dean Gretchen Ritter Regarding the Tenure Application of Mukund Vengalattore, # 22 Exhibit(s) Exhibit 22 - February 12, 2015 Memorandum of Cornell Provost Harry Katz Regarding the Tenure Application of Mukund Vengalattore, # 23 Exhibit(s) Exhibit 23 - February 13, 2015 Determination by Dean Gretchen Ritter Regarding the Tenure Application of Mukund Vengalattore, # 24 Exhibit(s) Exhibit 2/17/25, 12:32 Vengalattore v. Cornell University, 3:18-cv-01124 \u2013 CourtListener.com 4/27 24 - Appendix to the September 25, 2016 Report of the Investigation into the Complaint of Jane Roe Against Mukund Vengalattore, # 25 Exhibit(s) Exhibit 25 - Appendix to the September 25, 2016 Report of the Investigation into the Complaint of Jane Roe Against Mukund Vengalattore, # 26 Exhibit(s) Exhibit 26 - Appendix to the September 25, 2016 Report of the Investigation into the Complaint of Jane Roe Against Mukund Vengalattore, # 27 Exhibit(s) Exhibit 27 - August 2, 2018 Complaint by Mukund Vengalattore Against Cornell University with the State Division of Human Rights, # 28 Exhibit(s) Exhibit 28 - December 31, 2018 Determination and Order of the State Division of Human Rights Finding No Probable Cause to Credit Mukund Vengalattore's Complaint to the State Division, # 29 Exhibit(s) Exhibit 29 - Excerpts From Mukund Vengalattore's Website Harassment @ Cornell Physics, # 30 Exhibit(s) Exhibit 30 - Excerpts from the June 13, 2017 Cornell Daily Sun, Article: Vengalattore. Cornell Timeline, # 31 Exhibit(s) Exhibit 31 - Excerpts from the Packet of Materials Mukund Vengalattore Caused to be Sent to External Reviewers at Other Universities, # 32 Exhibit(s) Exhibit 32 - Excerpts from the Appellate Division Record in Vengalattore v. Cornell University and Gretchen Ritter, Appellate Division Docket No. 525492, # 33 Exhibit(s) Exhibit 33 - Section 4.3.3 of the Cornell Faculty Handbook, # 34 Exhibit(s) Exhibit 34 - Media Articles Reporting on Mukund Vengalattore's Status at Cornell and his Disputes With the University)(D'Antonio, Thomas) (Entered: 03/21/2019) Main Doc (/docket/7898542/22/vengalattore- v-cornell- university/) Att 1 Exhibit(s) Exhibit 1 - August 21, 2017 Order of the Supreme Court, Schuyler Coun Att 2 Exhibit(s) Exhibit 2 - August 24, 2017 Notice of Entry of the August 21, 2017 Or Att 3 (/docket/7898542/22/3/vengalattore- v-cornell- university/) Exhibit(s) Exhibit 3 - Cornell University's Campus Code of Conduct Att 4 (/docket/7898542/22/4/vengalattore- v-cornell- university/) Exhibit(s) Exhibit 4 - Cornell University Policy 6.4 Att 5 (/docket/7898542/22/5/vengalattore- v-cornell- university/) Exhibit(s) Exhibit 5 - Cornell University's Procedures for Resolution of Re Att 6 (/docket/7898542/22/6/vengalattore- v-cornell- university/) Exhibit(s) Exhibit 6 - Cornell Policy Prohibiting Romantic and Sexual Relationsh Att 7 Exhibit(s) Exhibit 7 - October 6, 2015 Letter From Dean Gretchen Ritter to Profe Att 8 2/17/25, 12:32 Vengalattore v. Cornell University, 3:18-cv-01124 \u2013 CourtListener.com 5/27 Exhibit(s) Exhibit 8 - February 6, 2017 Letter from Dean Gretchen Ritter to Prof Att 9 Exhibit(s) Exhibit 9 - Grievance Procedures for Academic Personnel at Cornell\u00ef\u00bf\u00bd Att 10 Exhibit(s) Exhibit 10 - Excerpts from Cornell University Bylaws Att 11 Exhibit(s) Exhibit 11 - Section 4.3 of the Cornell Faculty Handbook Att 12 Exhibit(s) Exhibit 12 - Communications from or on behalf of Mukund Vengalattore Att 13 (/docket/7898542/22/13/vengalattore- v-cornell- university/) Exhibit(s) Exhibit 13 - September 25, 2016 Report of the Investigation into the Att 14 Exhibit(s) Exhibit 14 - May 10, 2018 Order of the Appellate Division, Third Judi Att 15 Exhibit(s) Exhibit 15 - September 7, 2018 Order of the Appellate Division, Third Att 16 Exhibit(s) Exhibit 16 - Notices of Entry Accompanying the May 10, 2018 Appellate Att 17 Exhibit(s) Exhibit 17 - May 3, 2016 Final Determination Issued by Cornell Provos Att 18 Exhibit(s) Exhibit 18 - February 16, 2016 Determination on Reconsideration issue Att 19 Exhibit(s) Exhibit 19 - October 29, 2014 Preliminary Determination of Dean Gretc Att 20 Exhibit(s) Exhibit 20 - October 17, 2014 Ad hoc Committee Report Recommending Ag Att 21 Exhibit(s) Exhibit 21 - December 8, 2014 Determination by Dean Gretchen Ritter Att 22 Exhibit(s) Exhibit 22 - February 12, 2015 Memorandum of Cornell Provost Harry Ka Att 23 Exhibit(s) Exhibit 23 - February 13, 2015 Determination by Dean Gretchen Ritter 2/17/25, 12:32 Vengalattore v. Cornell University, 3:18-cv-01124 \u2013 CourtListener.com 6/27 Att 24 (/docket/7898542/22/24/vengalattore- v-cornell- university/) Exhibit(s) Exhibit 24 - Appendix to the September 25, 2016 Report of the Inves Att 25 (/docket/7898542/22/25/vengalattore- v-cornell- university/) Exhibit(s) Exhibit 25 - Appendix to the September 25, 2016 Report of the Inves Att 26 (/docket/7898542/22/26/vengalattore- v-cornell- university/) Exhibit(s) Exhibit 26 - Appendix to the September 25, 2016 Report of the Inves Att 27 (/docket/7898542/22/27/vengalattore- v-cornell- university/) Exhibit(s) Exhibit 27 - August 2, 2018 Complaint by Mukund Vengalattore Against Att 28 Exhibit(s) Exhibit 28 - December 31, 2018 Determination and Order of the State Att 29 Exhibit(s) Exhibit 29 - Excerpts From Mukund Vengalattore's Website Harassm Att 30 Exhibit(s) Exhibit 30 - Excerpts from the June 13, 2017 Cornell Daily Sun, Artic Att 31 Exhibit(s) Exhibit 31 - Excerpts from the Packet of Materials Mukund Vengalattor Att 32 Exhibit(s) Exhibit 32 - Excerpts from the Appellate Division Record in Vengalatt Att 33 (/docket/7898542/22/33/vengalattore- v-cornell- university/) Exhibit(s) Exhibit 33 - Section 4.3.3 of the Cornell Faculty Handbook Att 34 Exhibit(s) Exhibit 34 - Media Articles Reporting on Mukund Vengalattore's 23 Mar 21, 2019 First for Judgment on the Pleadings By Cornell University Pursuant to 12(c) and 56. Motion Hearing set for 5/2/2019 09:00 in Albany before Senior Judge Gary L. Sharpe Response to Motion due by 4/15/2019 Reply to Response to Motion due by 4/22/2019. filed by Cornell University. (Attachments: # 1 Declaration Declaration of Thomas S. D'Antonio in Support of Cornell University's Motion to Dismiss Plaintiff's Complaint and This Action Against Cornell Pursuant to 12(c) and 56, # 2 Statement of Material Facts Statement of Material Facts in Support of Cornell University's Motion to Dismiss Plaintiff's Complaint and This Action Against Cornell Pursuant to 12(c) and 56, # 3 Memorandum of Law Memorandum of Law in Support of Cornell University's Motion to Dismiss Plaintiff's Complaint and This Action Against Cornell Pursuant to 12(c) and 56) (D'Antonio, Thomas) (Entered: 03/21/2019) Main Doc Judgment on the Pleadings 2/17/25, 12:32 Vengalattore v. Cornell University, 3:18-cv-01124 \u2013 CourtListener.com 7/27 24 Mar 25, 2019 Agreed Letter Motion from Caleb Kruckenberg for Mukund Vengalattore requesting Extension of Time to Respond to Motions submitted to Judge David E. Peebles . (Attachments: # 1 Certificate of Service)(Kruckenberg, Caleb) (Entered: 03/25/2019) Main Doc Letter Request/Motion 25 Mar 26, 2019 Text Only Order - Plaintiff's request for a thirty day extension to respond to defendants motions to dismiss (Dkt. No. 24) is GRANTED. Response papers are to be filed on or before May 15, 2019. Reply papers are to be filed on or before May 29, 2019. Motion hearing is scheduled for June 6, 2019 at 9:00 a.m. on only. No personal appearances are needed ORDERED. Issued by Senior Judge Gary L. Sharpe on 3/26/2019. (jel, ) (Entered: 03/26/2019) Main Doc Mar 26, 2019 ~Util - Terminate Motions Mar 26, 2019 Order Setting Hearing on Motion 26 Apr 29, 2019 First for Leave to File Amended Complaint Motion Hearing set for 6/6/2019 09:00 in Albany before Senior Judge Gary L. Sharpe Response to Motion due by 5/20/2019 filed by Mukund Vengalattore. (Attachments: # 1 Memorandum of Law, # 2 Exhibit(s) Proposed Amended Complaint, # 3 Declaration) Motions referred to David E. Peebles. (Kruckenberg, Caleb) (Entered: 04/29/2019) Main Doc Leave to File Document 27 Apr 29, 2019 Agreed Letter Motion from Caleb Kruckenberg for Mukund Vengalattore requesting Extension of Time to Respond to Motions submitted to Judge Gary L. Sharpe . (Attachments: # 1 Certificate of Service)(Kruckenberg, Caleb) (Entered: 04/29/2019) Main Doc Letter Request/Motion 28 Apr 30, 2019 Text Only Order - Plaintiff's request for an extension of time to respond to defendants' motions (Dkt. No. 27) is to the extent that the deadlines are pending resolution of the motion to amend the complaint pending before the Magistrate Judge ORDERED. Issued by Senior Judge Gary L. Sharpe on 4/30/2019. (jel, ) (Entered: 04/30/2019) Main Doc Apr 30, 2019 1 - Terminate Deadlines and Hearings Apr 30, 2019 Order May 13, 2019 of Hearing on Motion 26 for Leave to File Amended Complaint: Response to Motion remains due by 5/20/2019 Motion Hearing is set for 6/3/2019 at 11:00 before Magistrate Judge David E. Peebles. This will be held on the record by telephone. Plaintiff's counsel is directed to initiate the call by first contacting defendants' counsel and then, with both attorneys on the call, dialing into Chambers, which can be reached at (315) 234-8620. (sal ) 29 May 15, 2019 by Betsy Devos, U.S. Department of Education. (Attachments: # 1 certificate of service)(Larkin, William) (Entered: 05/15/2019) Main Doc 30 May 20, 2019 to Motion re 26 First for Leave to File Amended Complaint filed by Cornell University. (D'Antonio, Thomas) (Entered: 05/20/2019) Main Doc 32 Jun 3, 2019 2/17/25, 12:32 Vengalattore v. Cornell University, 3:18-cv-01124 \u2013 CourtListener.com 8/27 Minute Entry for proceedings held by telephone before Magistrate Judge David E. Peebles: Motion Hearing held on 6/3/2019 re 26 Motion for Leave to File an Amended Complaint filed by Mukund Vengalattore. After hearing oral argument from counsel, Magistrate Judge Peebles plaintiff's 26 motion for leave to file an amended complaint as proposed. Plaintiff's amended complaint must be filed within fourteen days of today's date. Defendants will thereafter have fourteen days to respond to the amended complaint. No costs or attorney's fees are awarded in connection with this motion. APP: Caleb Kruckenberg, Esq., Thomas D'Antonio, Esq., Wendy Tarlow, Esq., and William Larkin, AUSA. (Court Reporter Jodi Hibbard). (sal, ) (Entered: 06/04/2019) Main Doc 31 Jun 4, 2019 against All Defendants filed by Mukund Vengalattore. (Attachments: # 1 Certificate of Service)(Kruckenberg, Caleb) (Entered: 06/04/2019) Main Doc Amended Complaint Att 1 Certificate of Service Jun 4, 2019 Order on Motion for Leave to File Jun 4, 2019 Order on Motion to Dismiss Jun 4, 2019 Order on Motion for Judgment on the Pleadings 33 Jun 4, 2019 ORDER: Plaintiff has moved for leave to file an amended complaint. Dkt. No. 26 . Defendant Cornell University opposes plaintiff's motion while defendants Betsy Devos and U.S. Department of Education do not oppose the motion. Dkt. Nos. 29, 30 . Oral argument was heard in connection with plaintiff's motion on June 3, 2019. During that hearing, the court rendered an oral decision granting plaintiff's motion and setting forth its reasoning for granting the motion. Based upon the parties' written and oral presentations and the court's bench decision, which is incorporated herein by reference, it is hereby ORDERED, that plaintiff's motion for leave to file an amended complaint (Dkt. No. 26 ) is GRANTED. No costs or attorney's fees are awarded to any party in connection with this motion. According to the docket sheet, plaintiff has filed the amended complaint (Dkt. No. 31 ), which is deemed the operative pleading in this matter. Defendants are directed to answer or otherwise respond to plaintiff's 31 amended complaint within fourteen days of today's date by Magistrate Judge David E. Peebles on 6/4/2019. (sal ) (Entered: 06/04/2019) Main Doc Jun 4, 2019 ***Answer due date updated for Cornell University answer due 6/18/2019; Betsy Devos answer due 6/18/2019; U.S. Department of Education answer due 6/18/2019. (sal,) 34 Jun 4, 2019 - In light of Magistrate Judge Peebles' Text Order of June 4, 2019, which granted plaintiff's motion for leave to amend, (Dkt. No. 33 ), the pending motions for dismissal, (Dkt. No. 21 ), and judgment on the pleadings, (Dkt. No. 23 ), are as moot by Senior Judge Gary L. Sharpe on 6/4/2019. (sal) (Entered: 06/04/2019) Main Doc 35 Jun 17, 2019 First Letter Motion from Jeffrey D. Casey for Cornell University requesting Extension of time to answer, move against, or otherwise respond to plaintiff's amended complaint submitted to Judge David E. Peebles . (Casey, Jeffrey) (Entered: 06/17/2019) Main Doc Letter Request/Motion 2/17/25, 12:32 Vengalattore v. Cornell University, 3:18-cv-01124 \u2013 CourtListener.com 9/27 36 Jun 17, 2019 to Dismiss Motion Hearing set for 8/1/2019 09:00 in Albany before Senior Judge Gary L. Sharpe Response to Motion due by 7/15/2019 Reply to Response to Motion due by 7/22/2019. filed by Betsy Devos, U.S. Department of Education. (Attachments: # 1 Memorandum of Law, # 2 Exhibit(s) A, # 3 Exhibit(s) B, # 4 Exhibit(s) C, # 5 Exhibit(s) D, # 6 Exhibit(s) E, # 7 Exhibit(s) F, # 8 Exhibit(s) G, # 9 Exhibit(s) H, # 10 Exhibit(s) I, # 11 Exhibit(s) J, # 12 Exhibit(s) K, # 13 Exhibit(s) L, # 14 Exhibit(s) M, # 15 Exhibit(s) N, # 16 Exhibit(s) O, # 17 Motion to Dismiss, # 18 Declaration of William F. Larkin, # 19 certificate of service) (Larkin, William) (Entered: 06/17/2019) Main Doc Dismiss 37 Jun 18, 2019 granting 35 letter motion requesting an extension of time for defendant Cornell University to answer, move, or otherwise respond to the amended complaint on or before 7/10/2019. Authorized by Magistrate Judge David E. Peebles on 6/18/2019. (sal ) (Entered: 06/18/2019) Main Doc Jun 18, 2019 Order Jun 18, 2019 ~Util - Terminate Motions Jun 18, 2019 ~Util - Set/Reset Answer Deadlines 38 Jul 1, 2019 CASE. Case reassigned to Magistrate Judge Miroslav Lovric for all further proceedings. Magistrate Judge David E. Peebles no longer assigned to case. Signed by Chief Judge Glenn T. Suddaby on 7/1/2019. (amt) (Entered: 07/01/2019) Main Doc Order Reassigning Case 39 Jul 2, 2019 CASE. Case reassigned to Magistrate Judge Therese Wiley Dancks for all further proceedings. Magistrate Judge Miroslav Lovric no longer assigned to case. It will remain assigned to the Honorable Gary L. Sharpe, Senior U.S. District Judge.Signed by Chief Judge Glenn T. Suddaby on 07/2/2019. (hmr) (Entered: 07/02/2019) Main Doc Order Reassigning Case 40 Jul 10, 2019 to 31 Amended Complaint by Cornell University. (Attachments: # 1 Exhibit(s) August 21, 2017 Order of the Supreme Court, Schuyler County, # 2 Exhibit(s) August 24, 2017 Notice of Entry, # 3 Exhibit(s) Cornell Campus Code of Conduct, # 4 Exhibit(s) Cornell University Policy 6.4, # 5 Exhibit(s) Cornell Procedures for Resolution of Reports Against Faculty Under Policy 6.4, # 6 Exhibit(s) Cornell Policy Prohibiting Romantic and Sexual Relationships Between Students and Staff, # 7 Exhibit(s) October 6, 2015 Letter from Dean Ritter to Professor Vengalattore, # 8 Exhibit(s) February 6, 2017 letter from Dean Ritter to Professor Vengalattore, # 9 Exhibit(s) Grievance Procedures for Academic Personnel at Cornell's College of Arts and Sciences, # 10 Exhibit(s) Excerpts from Cornell University Bylaws, # 11 Exhibit(s) Section 4.3 of the Cornell Faculty Handbook, styled Separation, # 12 Exhibit(s) Communications from or on behalf of Mukund Vengalattore, threatening to challenge Dean Ritter's determination and sanctions assessments, # 13 Exhibit(s) September 25, 2016 Report of Investigation into the complaint of Janue Roe against Mukund Vengalattore, # 14 Exhibit(s) Order of the Appellate Division, Third Judicial Department, dated May 10, 2018, # 15 Exhibit(s) Order of the Appellate Division, Third Judicial Department, dated September 7, 2018, # 16 Exhibit(s) Notices of Entry, # 17 Exhibit(s) May 3, 2016 final determination issued by Cornell Provost Michael Kotlikoff denying tenure application of Mukund Vengalattore, # 18 Exhibit(s) February 16, 2016 determination on reconsideration, issued by Dean Ritter denying tenure application of Mukund Vengalattore, # 19 Exhibit(s) Dean Ritter's October 29, 2014 Preliminary 2/17/25, 12:32 Vengalattore v. Cornell University, 3:18-cv-01124 \u2013 CourtListener.com 10/27 Determination regarding the tenure application of Mukund Vengalattore, # 20 Exhibit(s) Ad Hoc Committee report recommending against tenure application of Mukund Vengalattore, # 21 Exhibit(s) Dean Ritter's December 8, 2014 dtermination regarding the tenure application of Mukund Vengalattore, # 22 Exhibit(s) Memorandum from University Provost Harry Katz regarding tenure application of Mukund Vengalattore, # 23 Exhibit(s) Dean Ritter's February 13, 2015 determination regarding tenure application of Mukund Vengalattore, # 24 Exhibit(s) Appendix to Investigation Report, # 25 Exhibit(s) Appendix to Investigation Report, # 26 Exhibit(s) Appendix to Investigation Report, # 27 Exhibit(s) Mukund Vengalattore's Complaint Against Cornell filed with the Division of Human RIghts, # 28 Exhibit(s) December 31, 2018 Determination and Order of the Division of Human Rights, # 29 Exhibit(s) Excerpts from Mukund Vengalattore's Website, # 30 Exhibit(s) Excerpts from June 13, 2017 edition of the Cornell Daily Sun, # 31 Exhibit(s) Excerpts from packet of materials Professor Vengalattore caused to be sent to external reviewers, # 32 Exhibit(s) Excerpts from Appellate Record, # 33 Exhibit(s) Section 4.3.3 of the Cornell Faculty Handbook, # 34 Exhibit(s) Media Articles, # 35 Exhibit(s) Cornells 2018-2019 Operating and Capital Budget Plan, # 36 Exhibit(s) Grant Documents for Novel phases and dynamics of Optical Lattice Gases Under Continuous Quantum Measurement, # 37 Exhibit(s) Grant Documents for INSPIRE: Atom-mediated Optomechanical System for Macroscopic Quantum Control and Sensing, # 38 Exhibit(s) Grant Documents for Micromagnetic Imaging With Hybrid Quantum Sensors, # 39 Exhibit(s) Grant Documents for Magnetic Microscopy With Hybrid Quantum Sensors, # 40 Exhibit(s) Grant Documents for Fundamental Issues in Non-Equilibrium Physics)(D'Antonio, Thomas) (Entered: 07/10/2019) Main Doc 41 Jul 10, 2019 to Dismiss for Failure to State a Claim Pursuant to 12(c) and 56 Motion Hearing set for 8/15/2019 09:00 in Albany before Senior Judge Gary L. Sharpe Response to Motion due by 7/29/2019 Reply to Response to Motion due by 8/5/2019. filed by Cornell University. (Attachments: # 1 Memorandum of Law In Support of Cornell's Motion to Dismiss Pursuant to 12(c) and 56, # 2 Declaration Declaration of Thomas S. D'Antonio, # 3 Statement of Material Facts Cornell University's Statement of Material Facts) (D'Antonio, Thomas) (Entered: 07/10/2019) Main Doc Dismiss for Failure to State a Claim 42 Jul 15, 2019 in Opposition re 36 to Dismiss Memorandum of Law in Opposition to Motion to Dismiss filed by Mukund Vengalattore. (Kruckenberg, Caleb) (Entered: 07/15/2019) Main Doc 43 Jul 15, 2019 of Admission Requirement as to Party Cornell University; Attorney Madelyn F. Wessel, Email address is mfw68@cornell.edu. Phone number is (607) 255-5124. Admissions due by 7/29/2019. {Admission letter emailed on 7/15/2019 to Attorney Wessel)(see) (Entered: 07/15/2019) Main Doc 44 Jul 18, 2019 Unopposed Letter Motion from Caleb Kruckenberg for Mukund Vengalattore requesting Extension of Time to Respond to Motion submitted to Judge Gary L. Sharpe . (Attachments: # 1 Certificate of Service)(Kruckenberg, Caleb) (Entered: 07/18/2019) Main Doc Letter Request/Motion 45 Jul 18, 2019 Letter Motion from William F. Larkin for Betsy Devos, U.S. Department of Education requesting an extension of time submitted to Judge Therese Wiley Dancks . (Attachments: # 1 certificate of service)(Larkin, William) (Entered: 07/18/2019) 2/17/25, 12:32 Vengalattore v. Cornell University, 3:18-cv-01124 \u2013 CourtListener.com 11/27 Main Doc Letter Request/Motion 46 Jul 24, 2019 Text Only Order - Plaintiff's request for an extension of time until September 16, 2019 to file a response to Defendant Cornell's motion (Dkt. No. 44) is GRANTED. Defendant Cornell's reply papers are to be filed on or before September 30, 2019. Federal Defendants' request for an extension of time until September 5, 2019 to file their reply to plaintiff's response (Dkt. No. 45) is GRANTED. Motion hearing has been rescheduled for October 3, 2019 at 9:00 a.m. on only. No personal appearances are needed. No further extensions will be permitted absent extraordinary circumstances ORDER. Issued by Senior Judge Gary L. Sharpe on 7/24/2019. (jel, ) (Entered: 07/24/2019) Main Doc Jul 24, 2019 Order Setting Hearing on Motion Jul 24, 2019 ~Util - Terminate Motions 47 Jul 29, 2019 by Cornell University re 43 Notice of Admission Requirement, (Casey, Jeffrey) (Entered: 07/29/2019) Main Doc 48 Aug 29, 2019 Letter Motion from William F. Larkin for Betsy Devos, U.S. Department of Education requesting an extension of time submitted to Judge Therese Wiley Dancks . (Attachments: # 1 certificate of service)(Larkin, William) (Entered: 08/29/2019) Main Doc Letter Request/Motion 49 Aug 30, 2019 Unopposed Letter Motion from Caleb Kruckenberg for Mukund Vengalattore requesting Leave to Exceed Page Limit submitted to Judge Gary L. Sharpe . (Attachments: # 1 Certificate of Service)(Kruckenberg, Caleb) (Entered: 08/30/2019) Main Doc Letter Request/Motion 50 Aug 30, 2019 granting 48 Letter Motion from William F. Larkin for Betsy Devos, U.S. Department of Education requesting an extension page limitation and of time. Signed by Senior Judge Gary L. Sharpe on 8/30/2019. (jel, ) (Entered: 08/30/2019) Main Doc Order on Letter Request 51 Aug 30, 2019 granting 49 Letter Motion from Caleb Kruckenberg for Mukund Vengalattore requesting Leave to Exceed Page Limit. Signed by Senior Judge Gary L. Sharpe on 8/30/2019. (jel, ) (Entered: 08/30/2019) Main Doc Order on Letter Request 52 Sep 16, 2019 to Motion re 41 to Dismiss for Failure to State a Claim Pursuant to 12(c) and 56 filed by Mukund Vengalattore. (Attachments: # 1 Affidavit Rule 56(f) Affidavit, # 2 Affidavit Dr. Mukund Vengalattore, # 3 Statement of Material Facts, # 4 Copy of State Court Papers, # 5 Copy of State Court Papers)(Kruckenberg, Caleb) (Entered: 09/16/2019) Main Doc 53 Sep 16, 2019 to Response to Motion re 36 to Dismiss filed by Betsy Devos, U.S. Department of Education. (Attachments: # 1 certificate of service)(Larkin, William) (Entered: 09/16/2019) Main Doc 54 Sep 27, 2019 First Letter Motion from Jeffrey D. Casey for Cornell University requesting Permission to File a 20 Page Reply Brief and for a brief Extension to October 4, 2019 to file Cornell's Reply in Further Support of its 12(c) and 56 Motion submitted to Judge Gary L. Sharpe . (Casey, Jeffrey) (Entered: 09/27/2019) 2/17/25, 12:32 Vengalattore v. Cornell University, 3:18-cv-01124 \u2013 CourtListener.com 12/27 Main Doc Letter Request/Motion Sep 27, 2019 Order Setting Hearing on Motion Sep 27, 2019 ~Util - Terminate Motions 55 Sep 27, 2019 Text Only Order - Defendant Cornell University's request for an extension of the page limitation and time to reply (Dkt. No. 54) is PART. Defendant Cornell University shall file a reply brief not to exceed (15 in length and the brief shall be filed on or before October 4, 2019. Motion hearing is rescheduled for October 17, 2019 at 9:00 a.m. on only. No personal appearances are needed ORDERED. Issued by Senior Judge Gary L. Sharpe on 9/27/2019. (jel, ) (Entered: 09/27/2019) Main Doc 56 Oct 4, 2019 to Response to Motion re 41 to Dismiss for Failure to State a Claim Pursuant to 12(c) and 56 filed by Cornell University. (Attachments: # 1 Affidavit Affidavit of Mary G. Opperman, # 2 Declaration Reply Declaration of Thomas S. D'Antonio, # 3 Exhibit(s) Exhibit 1 - Vengalattore's New York State Supreme Court Verified Petition)(D'Antonio, Thomas) (Entered: 10/04/2019) Main Doc 57 Apr 3, 2020 Letter Motion from Jeffrey D. Casey for Cornell University requesting Leave to Withdraw as Counsel submitted to Judge Gary L. Sharpe . (Casey, Jeffrey) (Entered: 04/03/2020) Main Doc Letter Request/Motion Apr 3, 2020 Order on Letter Request 58 Apr 3, 2020 ORDER: Court has reviewed the 57 Letter Request filed by Jeffrey Casey, Esq. to withdraw as counsel for defendant Cornell University, which is granted. Attorney Casey is no longer representing defendant Cornell University. Cornell University continues to be represented by Thomas D'Antonio, Esq. and the law firm of Ward, Greenberg, Heller & Reidy, LLP, and Wendy Tarlow, Esq. of Cornell University Office of Counsel by Magistrate Judge Therese Wiley Dancks on 4/3/2020. (sg ) (Entered: 04/03/2020) Main Doc 59 May 1, 2020 and - That federal defendants' 36 motion to dismiss is GRANTED. That Cornell University's 41 motion to dismiss and/or for summary judgment is GRANTED. That Vengalattore's 31 amended complaint is DISMISSED. That the clerk close this case. Signed by Senior Judge Gary L. Sharpe on 5/1/2020. (jel, ) (Entered: 05/01/2020) Main Doc (/docket/7898542/59/vengalattore- v-cornell- university/) Order on Motion to Dismiss 60 May 1, 2020 in favor of Cornell University, U.S. Department of Education, Betsy Devos against Mukund Vengalattore. (jel, ) (Entered: 05/01/2020) Main Doc Judgment 61 May 8, 2020 as to 59 Order on Motion to Dismiss,, Order on Motion to Dismiss for Failure to State a Claim, 60 Judgment by Mukund Vengalattore. Filing fee $ 505, receipt number ANYNDC-5113087. (Kruckenberg, Caleb) (Entered: 05/08/2020) Main Doc 2/17/25, 12:32 Vengalattore v. Cornell University, 3:18-cv-01124 \u2013 CourtListener.com 13/27 62 May 8, 2020 sent to Court of Appeals, re: 61 Notice of Appeal. (see) (Entered: 05/08/2020) Main Doc 63 Jun 2, 2022 of as to 61 Notice of Appeal filed by Mukund Vengalattore. Bill of Costs Instructions. (Attachments: # 1 Supporting Documents to the Order)(egr, ) (Entered: 06/02/2022) Main Doc 64 Jul 20, 2022 of Appearance by Suzanne M. Messer on behalf of Cornell University (Messer, Suzanne) (Entered: 07/20/2022) Main Doc 65 Jul 20, 2022 of Appearance by Jonathan B. Fellows on behalf of Cornell University (Fellows, Jonathan) (Entered: 07/20/2022) Main Doc 66 Jul 27, 2022 of (Issued as a Mandate on July 27, 2022) as to 61 Notice of Appeal filed by Mukund Vengalattore and that the judgment of the district court is to the extent that it dismissed the Title claim against Cornell for failure to state a claim and to the extent that the court declined to exercise supplemental jurisdiction over Vengalattore's state-law claim for defamation. The matter is for discovery and such further proceedings as may be appropriate. The judgment is in all other respects AFFIRMED. Each side shall bear its own costs of this appeal. (egr, ) (Entered: 07/27/2022) Main Doc (/docket/7898542/66/vengalattore- v-cornell- university/) Jul 27, 2022 Case Number 20-1514 for 61 Notice of Appeal filed by Mukund Vengalattore. (jel, ) 67 Jul 29, 2022 of Appearance by Conrad R. Wolan on behalf of Cornell University (Wolan, Conrad) (Entered: 07/29/2022) Main Doc 68 Jul 29, 2022 of Appearance by Brian Rosner on behalf of Mukund Vengalattore (Rosner, Brian) (Entered: 07/29/2022) Main Doc (/docket/7898542/68/vengalattore- v-cornell- university/) 69 Jul 29, 2022 for Limited Admission Pro Hac Vice of Richard A. Samp Filing fee $100, receipt number ANYNDC-5983737. (Attachments: # 1 Declaration of Sponsor Form, # 2 Attorney Registration Form, # 3 Petition for Admission to Practice, # 4 Certificate of Good Standing, # 5 Proposed Order) Motions referred to Therese Wiley Dancks. (Rosner, Brian) (Entered: 07/29/2022) Main Doc Limited Admission Pro Hac Vice 70 Jul 29, 2022 : Court reviewed Second Circuit Mandate (Dkt. No. 66 ), and accordingly directs the Clerk to terminate the federal defendants Devos and Department of Education. The Clerk is also directed to schedule a Rule 16 2/17/25, 12:32 Vengalattore v. Cornell University, 3:18-cv-01124 \u2013 CourtListener.com 14/27 conference and related deadlines for submission of the Civil Case Management Plan and exchange of initial disclosures by Magistrate Judge Therese Wiley Dancks on 7/29/2022. (sg) (Entered: 07/29/2022) Main Doc Jul 29, 2022 of Telephone Rule 16 Conference Telephone Initial Conference has been set for 8/30/2022 at 10:00 before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed 8/23/2022 and Mandatory Disclosures are to be exchanged by the parties on or before 8/23/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are to be filed with the Court.) Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 4684.(sg ) Jul 29, 2022 Order 71 Aug 1, 2022 granting 69 Motion for Limited Admission Pro Hac Vice of Richard Samp, Esq. Counsel is hereby advised that as of January 16, 2018, the has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the system. Step-by-step instructions on how to complete this process are available at by Magistrate Judge Therese Wiley Dancks on 8/1/2022. (sg) (Entered: 08/01/2022) Main Doc Aug 1, 2022 Order on Motion for Limited Admission Pro Hac Vice 72 Aug 3, 2022 by Cornell University of Consent to Change Attorney (Fellows, Jonathan) (Entered: 08/03/2022) Main Doc 73 Aug 7, 2022 of Appearance by Richard A. Samp on behalf of Mukund Vengalattore (Samp, Richard) (Entered: 08/07/2022) Main Doc 74 Aug 23, 2022 Proposed by Mukund Vengalattore. (Samp, Richard) (Entered: 08/23/2022) Main Doc Aug 30, 2022 Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Initial Pretrial Conference held on 8/30/2022. Appearances: Richard Samp, Esq. for Plaintiff; Jonathan Fellows, Esq. and Suzanne Messer, Esq. for Defendant. Court reviews Civil Case Management Plan. Rule 26 Mandatory Disclosures completed by both parties. Stipulated amended complaint to be submitted for Court approval by 9/23/2022. Stipulated protective order to be submitted for Court approval by 11/18/2022. Case referred into Mandatory Mediation. Pretrial deadlines are established, a scheduling order and mediation referral order will be issued. (sg) 75 Aug 30, 2022 ORDER: Anticipated length of trial: 5 days, to be held at Albany, NY. Rule 33 and 34 Requests to be served by 10/28/2022. Joinder of Parties due by 9/23/2022. Amended Pleadings due by 9/23/2022. Plaintiffs Expert Disclosure Deadline is 3/15/2023. Defendants Expert Disclosure Deadline is 5/1/2023. Rebuttal Expert Disclosure Deadline is 5/16/2023. Discovery 2/17/25, 12:32 Vengalattore v. Cornell University, 3:18-cv-01124 \u2013 CourtListener.com 15/27 due by 6/15/2023. Discovery Motions due 6/30/2022. Dispositive Motions to be filed by 9/1/2023. Mandatory mediation deadline 12/30/2022. Signed by Magistrate Judge Therese Wiley Dancks on 8/30/2022. (sg) (Entered: 08/30/2022) Main Doc Uniform Pretrial Scheduling Order 76 Aug 30, 2022 to Mandatory Mediation: Deadline for Mediator Selection is 9/30/2022. Deadline for completion of Mandatory Mediation is 12/30/2022. Signed by Magistrate Judge Therese Wiley Dancks on 8/30/2022. (sg ) (Entered: 08/30/2022) Main Doc (/docket/7898542/76/vengalattore- v-cornell- university/) Order Referring Case to Mandatory Mediation Aug 30, 2022 of Telephone Conference Telephone Status Conference has been set for 2/6/2023 at 9:30 before Magistrate Judge Therese Wiley Dancks. Counsel are directed to call the following number for this conference: 1-877-336- 1829, access code 8029754, security code 4684.(sg) 77 Sep 23, 2022 against Cornell University filed by Mukund Vengalattore. (Samp, Richard) (Entered: 09/23/2022) Main Doc Amended Complaint 78 Sep 26, 2022 : Court reviewed Second Amended Complaint (\"SAC\") (Dkt. No. 77 ) which was not filed with a written stipulation of the parties as directed at the Rule 16 conference. Therefore, the parties must file, by 9/30/2022, a stipulation (electronic signatures are acceptable) which shows defendant's consent to the filing of the SAC. If the stipulation is not filed by 9/30/2022, the Court will strike the by Magistrate Judge Therese Wiley Dancks on 9/26/2022. (sg) (Entered: 09/26/2022) Main Doc Sep 26, 2022 Order 79 Sep 28, 2022 re 77 Amended Complaint by Mukund Vengalattore submitted to Judge Therese Wiley Dancks. (Samp, Richard) (Entered: 09/28/2022) Main Doc 80 Sep 29, 2022 : Court reviewed stipulation (Dkt. No. 79 ) regarding the filing of the second amended complaint (\"SAC\") and approves of same. Therefore, the (Dkt. No. 77 ) is deemed the operative complaint. Defendant's answer to the due 10/7/2022 by Magistrate Judge Therese Wiley Dancks on 9/29/2022. (sg) (Entered: 09/29/2022) Main Doc Sep 29, 2022 Order 81 Sep 30, 2022 Letter Motion from Suzanne M. Messer for Cornell University requesting Extension of Time to Select a Mediator submitted to Judge Therese Wiley Dancks . (Messer, Suzanne) (Entered: 09/30/2022) Main Doc Letter Request/Motion 82 Sep 30, 2022 that William Pease has been selected, contacted and has agreed to serve as Mediator for this action AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind 2/17/25, 12:32 Vengalattore v. Cornell University, 3:18-cv-01124 \u2013 CourtListener.com 16/27 the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Suzanne M. Messer and Richard A. Samp. Dated: 09/30/2022(Messer, Suzanne) (Entered: 09/30/2022) Main Doc 83 Oct 4, 2022 ORDER: Court has reviewed the 81 Letter Request, requesting an extension of time to file stipulation selecting mediator, which the Court denies as moot. The stipulation selecting mediator has been entered by the parties by Magistrate Judge Therese Wiley Dancks on 10/4/2022. (sg ) (Entered: 10/04/2022) Main Doc Oct 4, 2022 Order on Letter Request 84 Oct 7, 2022 to 77 Amended Complaint by Cornell University.(Messer, Suzanne) (Entered: 10/07/2022) Main Doc 85 Nov 14, 2022 of Appearance by Katherine B. Norman on behalf of Mukund Vengalattore (Norman, Katherine) (Entered: 11/14/2022) Main Doc 86 Nov 22, 2022 Letter Motion from Suzanne M. Messer for Cornell University requesting approval of the Confidentiality Agreement & Protective Order submitted to Judge Therese Wiley Dancks . (Attachments: # 1 Proposed Order/Judgment)(Messer, Suzanne) (Entered: 11/22/2022) Main Doc Letter Request/Motion 87 Nov 23, 2022 Stipulated Confidentiality Agreement and Protective Order. In further clarification of paragraph 8, the parties must follow the procedures set forth in Local Rule 5.3 before filing any confidential material under seal. Signed by Magistrate Judge Therese Wiley Dancks on 11/23/2022. (sg) (Entered: 11/23/2022) Main Doc (/docket/7898542/87/vengalattore- v-cornell- university/) Order on Letter Request 88 Dec 22, 2022 Letter Motion from Suzanne M. Messer for Cornell University requesting an extension of time to complete a mediation submitted to Judge Therese Wiley Dancks . (Messer, Suzanne) (Entered: 12/22/2022) Main Doc (/docket/7898542/88/vengalattore- v-cornell- university/) Letter Request/Motion 89 Dec 27, 2022 granting 88 Letter Request for extension of the deadline for completion of Mandatory Mediation. Deadline for completion of Mandatory Mediation is extended to 3/15/2023. The 2/6/2023 Telephone Conference is adjourned without new date. The Court will reschedule the conference as necessary after receiving the report of mediation by Magistrate Judge Therese Wiley Dancks on 12/27/2022. (sg) (Entered: 12/27/2022) Main Doc Dec 27, 2022 Order on Letter Request 90 Feb 13, 2023 ORDER: Court has learned that mediator William Pease is no longer available to serve as the mediator. Therefore, the Clerk is directed to terminate him from the docket. The time for the parties to pick a new mediator is sua sponte 2/17/25, 12:32 Vengalattore v. Cornell University, 3:18-cv-01124 \u2013 CourtListener.com 17/27 extended to 3/3/2023; the mediation deadline is sua sponte extended to 4/28/2023. All other deadlines remain as previously established by Magistrate Judge Therese Wiley Dancks on 2/13/2023. (sg) (Entered: 02/13/2023) Main Doc Feb 13, 2023 ~Util - Set Deadlines Order Feb 13, 2023 Order ~Util - Set Deadlines 91 Feb 27, 2023 that Adam Shaw has been selected, contacted and has agreed to serve as Mediator for this action AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Suzanne M. Messer and Richard A. Samp and Brian Rosner. Dated: 2/27/2023(Messer, Suzanne) (Entered: 02/27/2023) Main Doc 92 Apr 6, 2023 Mandatory Mediation session was held on 04/05/2023. Total Hours Spent by Mediator: 2; The outcome of Mandatory Mediation is SETTLE. The case will proceed toward trial pursuant to the Courts Uniform Pretrial Scheduling Order. (Shaw, Adam) (Entered: 04/06/2023) Main Doc Apr 6, 2023 Status Report Order Apr 6, 2023 - Case did not settle. Attorney Adam R. Shaw terminated. The mediator and attorneys who attended the mediation session are asked to complete a survey with respect to the Mandatory Mediation Program. Attorneys for parties can access the survey at Mediators can access the survey at Any questions can be directed to the Coordinator.(sal ) 93 Apr 6, 2023 ORDER: Plaintiff is directed to file a joint status report on remaining discovery by 4/13/2023 by Magistrate Judge Therese Wiley Dancks on 4/6/2023. (sg) (Entered: 04/06/2023) Main Doc 94 Apr 13, 2023 REPORT/Letter Request on behalf of both parties by Cornell University. (Messer, Suzanne) Modified on 4/13/2023 (sg, ). (Entered: 04/13/2023) Main Doc Letter Request/Motion 95 Apr 14, 2023 granting 94 Letter Request for extension of deadlines as follows: All discovery including supplemental document productions and depositions of party witnesses to be completed by 8/14/2023. Discovery Motions due 8/28/2023. Dispositive Motions to be filed by 10/31/2023 by Magistrate Judge Therese Wiley Dancks on 4/14/2023. (sg) (Entered: 04/14/2023) Main Doc Apr 14, 2023 Order on Letter Request 96 Aug 15, 2023 Letter Motion from Suzanne M. Messer for Cornell University requesting an Extension of Time to Complete Discovery and file dispositive motions submitted to Judge Therese Wiley Dancks . (Messer, Suzanne) (Entered: 08/15/2023) 2/17/25, 12:32 Vengalattore v. Cornell University, 3:18-cv-01124 \u2013 CourtListener.com 18/27 Main Doc (/docket/7898542/96/vengalattore- v-cornell- university/) Letter Request/Motion 97 Aug 17, 2023 ORDER: Court reviewed letter request (Dkt. No. 96 ) for extension of deadlines and grants the request as follows: All discovery including supplemental document productions and depositions to be completed by 10/2/2023. Discovery Motions due 10/16/2023. Dispositive Motions to be filed by 11/21/2023 by Magistrate Judge Therese Wiley Dancks on 8/17/2023. (sg) (Entered: 08/17/2023) Main Doc Aug 17, 2023 Order on Letter Request 98 Sep 25, 2023 Joint Letter for Extension of Time to Complete Discovery and Other Deadlines filed by Mukund Vengalattore. Response to Motion due by 10/16/2023 Motions referred to Therese Wiley Dancks. (Samp, Richard) Modified on 9/25/2023 (sg, ). (Entered: 09/25/2023) Main Doc (/docket/7898542/98/vengalattore- v-cornell- university/) Letter Request/Motion 99 Sep 26, 2023 : Court reviewed joint letter request (Dkt. No. 98 ) for extension which is granted for the reasons stated. All discovery due 11/16/2023; discovery motions due 11/30/2023; dispositive motions due 1/4/2024 by Magistrate Judge Therese Wiley Dancks on 9/26/2023. (sg) (Entered: 09/26/2023) Main Doc Sep 26, 2023 Order on Letter Request 100 Dec 7, 2023 for Limited Admission Pro Hac Vice of Kaitlyn Schiraldi Filing fee $100, receipt number ANYNDC-6538409 ONLY] Motions referred to Therese Wiley Dancks. (Norman, Katherine) (Entered: 12/07/2023) Main Doc Limited Admission Pro Hac Vice 101 Dec 7, 2023 for Limited Admission Pro Hac Vice of Zhonette Brown Filing fee $100, receipt number ANYNDC-6538430 ONLY] Motions referred to Therese Wiley Dancks. (Norman, Katherine) (Entered: 12/07/2023) Main Doc Limited Admission Pro Hac Vice 102 Dec 8, 2023 Letter Motion from Suzanne M. Messer for Cornell University requesting Extension of Time for the Dispositive Motion Deadline submitted to Judge Gary L. Sharpe . (Messer, Suzanne) (Entered: 12/08/2023) Main Doc Letter Request/Motion 103 Dec 11, 2023 granting 100 Motion for Limited Admission Pro Hac Vice of Kaitlyn Schiraldi. Counsel is hereby advised that as of January 16, 2018, the has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the system. Step-by-step instructions on how to complete this process are available at by Magistrate Judge Therese Wiley Dancks on 12/11/2023. (sg) (Entered: 12/11/2023) 2/17/25, 12:32 Vengalattore v. Cornell University, 3:18-cv-01124 \u2013 CourtListener.com 19/27 Main Doc Dec 11, 2023 Order on Letter Request Dec 11, 2023 Order on Motion for Limited Admission Pro Hac Vice 104 Dec 11, 2023 by Kaitlyn D. Schiraldi on behalf of Mukund Vengalattore (Schiraldi, Kaitlyn) (Entered: 12/11/2023) Main Doc 105 Dec 11, 2023 granting 101 Motion for Limited Admission Pro Hac Vice of Zhonette Brown. Counsel is hereby advised that as of January 16, 2018, the has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the system. Step-by-step instructions on how to complete this process are available at by Magistrate Judge Therese Wiley Dancks on 12/11/2023. (sg ) (Entered: 12/11/2023) Main Doc 106 Dec 11, 2023 ORDER: Court reviewed defendant's request (Dkt. No. 102 ) to extend the dispositive motion deadline. Although the plaintiff agrees to the extension, defendant has not provided a good cause reason for the request. Nevertheless, the Court will grant the request. Dispositive motion deadline is extended to 1/31/2024. Response due 3/13/2024; any reply due 4/3/2024. Good cause must be shown for future requests, if any, for extension of Court deadlines or the request will be summarily denied by Magistrate Judge Therese Wiley Dancks on 12/11/2023. (sg) (Entered: 12/11/2023) Main Doc 107 Jan 24, 2024 by Zhonette M. Brown on behalf of Mukund Vengalattore (Brown, Zhonette) (Entered: 01/24/2024) Main Doc 108 Jan 29, 2024 Letter Motion from Suzanne M. Messer for Cornell University requesting extension in page limitation of brief submitted to Judge Gary L. Sharpe . (Messer, Suzanne) (Entered: 01/29/2024) Main Doc (/docket/7898542/108/vengalattore- v-cornell- university/) Letter Request/Motion Jan 29, 2024 Order on Letter Request 109 Jan 29, 2024 ORDER---Pending is defendant Cornell University's letter motion seeking a substantial enlargement of the page limitation for its anticipated dispositive motion. (Dkt. No. 108.) The court is fully aware of the remaining claims and procedural posture of the case, but such a considerable enlargement is not warranted. Accordingly, the letter motion is to the limited extent that Cornell may file a memorandum of law in support of its motion not to exceed thirty (30) pages in length. Similarly, the response shall not exceed thirty (30) pages in length ORDERED. Issued by Senior Judge Gary L. Sharpe on 1/29/2024. (jel, ) (Entered: 01/29/2024) Main Doc 110 Jan 30, 2024 2/17/25, 12:32 Vengalattore v. Cornell University, 3:18-cv-01124 \u2013 CourtListener.com 20/27 Consent to Withdraw as Attorney filed by Mukund Vengalattore. Response to Motion due by 2/20/2024 Motions referred to Therese Wiley Dancks. (Samp, Richard) (Entered: 01/30/2024) Main Doc Withdraw as Attorney 111 Jan 31, 2024 Letter Motion from Suzanne M. Messer for Cornell University requesting to File Under Seal submitted to Judge Gary L. Sharpe . (Attachments: # 1 Proposed Order/Judgment)(Messer, Suzanne) (Entered: 01/31/2024) Main Doc (/docket/7898542/111/vengalattore- v-cornell- university/) Letter Request/Motion Att 1 Proposed Order/Judgment 112 Jan 31, 2024 for Summary Judgment filed by Cornell University. Motion returnable before Judge Gary L. Sharpe. Response to Motion due by 2/21/2024. Reply to Response to Motion due by 2/28/2024 (Attachments: # 1 Statement of Material Facts, # 2 Declaration of Eanna Flanagan, Ph.D., # 3 Exhibit(s) A, # 4 Exhibit(s) B, # 5 Exhibit(s) C, # 6 Exhibit(s) D, # 7 Exhibit(s) E, # 8 Exhibit(s) F, # 9 Exhibit(s) G, # 10 Exhibit(s) H, # 11 Exhibit(s) I, # 12 Exhibit(s) J, # 13 Exhibit(s) K, # 14 Exhibit(s) L, # 15 Exhibit(s) M, # 16 Exhibit(s Part 1, # 17 Exhibit(s Part 2, # 18 Exhibit(s Part 3, # 19 Exhibit(s) O, # 20 Declaration of Alan L. Mittman, # 21 Exhibit(s) A, # 22 Exhibit(s) B, # 23 Exhibit(s) C, # 24 Exhibit(s) D, # 25 Exhibit(s) E, # 26 Exhibit(s) F, # 27 Exhibit(s (Under Seal), # 28 Exhibit(s) H, # 29 Exhibit(s) I, # 30 Exhibit(s) J, # 31 Exhibit(s) K, # 32 Exhibit(s) L, # 33 Exhibit(s) M, # 34 Exhibit(s) N, # 35 Exhibit(s) O, # 36 Exhibit(s) P, # 37 Exhibit(s) Q, # 38 Exhibit(s) R, # 39 Declaration of Gretchen Ritter, Ph.D., # 40 Exhibit(s) A, # 41 Exhibit(s) B, # 42 Exhibit(s) C, # 43 Exhibit(s) D, # 44 Exhibit(s) E, # 45 Exhibit(s) F, # 46 Exhibit(s) G, # 47 Exhibit(s) H, # 48 Exhibit(s) I, # 49 Exhibit(s (Under Seal), # 50 Exhibit(s) K, # 51 Exhibit(s) L, # 52 Exhibit(s) M, # 53 Exhibit(s) N, # 54 Exhibit(s) O, # 55 Exhibit(s) P, # 56 Exhibit(s) Q, # 57 Exhibit(s) R, # 58 Exhibit(s) S, # 59 Exhibit(s) T, # 60 Exhibit(s) U, # 61 Declaration of John Siliciano, # 62 Exhibit(s) A, # 63 Exhibit(s) B, # 64 Exhibit(s) C, # 65 Exhibit(s) D, # 66 Exhibit(s) E, # 67 Exhibit(s) F, # 68 Exhibit(s) G, # 69 Declaration of Wendy E. Tarlow, # 70 Exhibit(s) A, # 71 Exhibit(s) B, # 72 Exhibit(s) C, # 73 Exhibit(s) D, # 74 Exhibit(s) E, # 75 Exhibit(s) F, # 76 Exhibit(s) G, # 77 Exhibit(s) H, # 78 Exhibit(s) I, # 79 Exhibit(s) J, # 80 Exhibit(s) K, # 81 Exhibit(s) L, # 82 Exhibit(s) M, # 83 Exhibit(s) N, # 84 Declaration of Suzanne M. Messer, # 85 Exhibit(s) A, # 86 Exhibit(s) B, # 87 Exhibit(s) C, # 88 Exhibit(s) D, # 89 Exhibit(s) E, # 90 Memorandum of Law) (Messer, Suzanne) Modified on 2/1/2024 (see, ). (Attachment 49 replaced on 2/6/2024) (jel, ). (Attachment 27 replaced on 2/7/2024) (jel, ). (Entered: 01/31/2024) Main Doc Summary Judgment Feb 1, 2024 Reset Deadlines to the 112 for Summary Judgment in accordance with the 106 Text Order. Response to Motion due by 3/13/2024. Reply to Response to Motion due by 4/3/2024. (see) Feb 1, 2024 re 112 Motion for Summary Judgment, specifically Exhibit to the Declaration of Gretchen Ritter, Ph.D. Corrected description of 112-45. The original description of this entry stated that this is Exhibit R. Corrected docket text to state it is Exhibit F, pursuant to the pdf attachment marker. (see) 113 Feb 1, 2024 by Cornell University. Amendment to 112 for Summary Judgment filed by Cornell University. Motion returnable before Judge Gary L. Sharpe. . (Attachments: # 1 Exhibit(s) Amended Exhibit to the 2/17/25, 12:32 Vengalattore v. Cornell University, 3:18-cv-01124 \u2013 CourtListener.com 21/27 Declaration of Eanna Flanagan)(Messer, Suzanne) (Entered: 02/01/2024) Main Doc 114 Feb 5, 2024 granting 110 Motion to Withdraw as Attorney. Attorney Richard A. Samp terminated. Issued by Senior Judge Gary L. Sharpe on 2/5/2024. (jel, ) (Entered: 02/05/2024) Main Doc Feb 5, 2024 Order on Motion to Withdraw as Attorney 115 Feb 5, 2024 granting 111 Letter Motion from Suzanne M. Messer for Cornell University requesting to File Under Seal submitted to Judge Gary L. Sharpe. Signed by Senior Judge Gary L. Sharpe on 2/5/2024. (jel, ) (Entered: 02/05/2024) Main Doc Order on Letter Request 116 Feb 22, 2024 CASE. Case reassigned to U.S. District Judge Glenn Suddaby for all further proceedings. Senior Judge Gary L. Sharpe no longer assigned to case. Authorized by Chief Judge Brenda K. Sannes on 2/22/2024. (jel, ) (Entered: 02/22/2024) Main Doc Feb 22, 2024 Order Reassigning Case 117 Mar 13, 2024 in Opposition re 112 for Summary Judgment filed by Cornell University. Motion returnable before Judge Gary L. Sharpe. filed by Mukund Vengalattore. (Attachments: # 1 Statement of Material Facts Response to Statement of Material Facts, # 2 Statement of Material Facts Counter Statement of Additional Facts)(Brown, Zhonette) (Entered: 03/13/2024) Main Doc 118 Mar 13, 2024 of Mukund Vengalattore with Exhibits in Opposition re 112 for Summary Judgment filed by Cornell University. Motion returnable before Judge Gary L. Sharpe. Declaration of Mukund Vengalattore filed by Mukund Vengalattore. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D)(Schiraldi, Kaitlyn) Modified on 3/14/2024 (see, ). (Entered: 03/14/2024) Main Doc (/docket/7898542/118/vengalattore- v-cornell- university/) Att 1 Exhibit(s Att 2 Exhibit(s Att 3 Exhibit(s Att 4 Exhibit(s 121 Mar 13, 2024 in Opposition re 112 for Summary Judgment filed by Cornell University. Motion returnable before Judge Gary L. Sharpe. Declaration of Attorney Kaitlyn D. Schiraldi filed by Mukund Vengalattore. (Attachments: # 1 Exhibit(s) Ex A, # 2 Exhibit(s) Ex B, # 3 Exhibit(s) Ex C, # 4 Exhibit(s) Ex D, # 5 Exhibit(s) Ex E, # 6 Exhibit(s) Ex F, # 7 Exhibit(s) Ex G, # 8 Exhibit(s) Ex H, # 9 Exhibit(s) Ex I, # 10 Exhibit(s) Ex J, # 11 Exhibit(s) Ex K, # 12 Exhibit(s) Ex L, # 13 Exhibit(s) Ex M, # 14 Exhibit(s) Ex N, # 15 Exhibit(s) Ex O, # 16 Exhibit(s) Ex P, # 17 Exhibit(s) Ex Q, # 18 Exhibit(s) Ex R, # 19 Exhibit(s) Ex S)(Brown, Zhonette) (Entered: 03/14/2024) Main Doc Att 1 Exhibit(s) Ex 2/17/25, 12:32 Vengalattore v. Cornell University, 3:18-cv-01124 \u2013 CourtListener.com 22/27 Att 2 Exhibit(s) Ex Att 3 Exhibit(s) Ex Att 4 Exhibit(s) Ex Att 5 Exhibit(s) Ex Att 6 Exhibit(s) Ex Att 7 Exhibit(s) Ex Att 8 Exhibit(s) Ex Att 9 Exhibit(s) Ex Att 10 Exhibit(s) Ex Att 11 Exhibit(s) Ex Att 12 Exhibit(s) Ex Att 13 Exhibit(s) Ex Att 14 Exhibit(s) Ex Att 15 Exhibit(s) Ex Att 16 Exhibit(s) Ex Att 17 Exhibit(s) Ex Att 18 Exhibit(s) Ex Att 19 Exhibit(s) Ex 119 Mar 14, 2024 Mukund Vengalattore with Exhibits in Opposition re 112 for Summary Judgment filed by Cornell University. Motion returnable before Judge Gary L. Sharpe. Declaration of Mukund Vengalattore filed by Mukund Vengalattore. (Attachments: # 1 Exhibit(s) E, # 2 Exhibit(s) F, # 3 Exhibit(s) G)(Schiraldi, Kaitlyn) Modified on 3/14/2024 (see, ). (Entered: 03/14/2024) Main Doc Att 1 Exhibit(s Att 2 Exhibit(s Att 3 Exhibit(s 120 Mar 14, 2024 Mukund Vengalattore with Exhibits in Opposition re 112 for Summary Judgment filed by Cornell University. Motion returnable before Judge Gary L. Sharpe. filed by Mukund Vengalattore. (Attachments: # 1 Exhibit(s) H, # 2 Exhibit(s) I, # 3 Exhibit(s) J, # 4 Exhibit(s) K)(Schiraldi, Kaitlyn) Modified on 3/14/2024 (see, ). (Entered: 03/14/2024) Main Doc 122 Mar 14, 2024 of Mukund Vengalattore with Exhibits in Opposition re 112 for Summary Judgment filed by Cornell University. Motion returnable before Judge Gary L. Sharpe. Declaration of Mukund Vengalattore filed by Mukund Vengalattore. (Attachments: # 1 Exhibit(s) L, # 2 Exhibit(s) M, # 3 Exhibit(s) N) (Schiraldi, Kaitlyn) Modified on 3/14/2024 (see, ). (Entered: 03/14/2024) Main Doc Att 1 Exhibit(s Att 2 Exhibit(s Att 3 Exhibit(s 2/17/25, 12:32 Vengalattore v. Cornell University, 3:18-cv-01124 \u2013 CourtListener.com 23/27 123 Mar 14, 2024 of Attorney Kaitlyn D. Schiraldi in Opposition re 112 for Summary Judgment filed by Cornell University. Motion returnable before Judge Gary L. Sharpe. Declaration filed by Mukund Vengalattore. (Attachments: # 1 Exhibit(s) Ex T, # 2 Exhibit(s) Ex U, # 3 Exhibit(s) Ex V, # 4 Exhibit(s) Ex W, # 5 Exhibit(s) Ex X, # 6 Exhibit(s) Ex Y, # 7 Exhibit(s) Ex Z, # 8 Exhibit(s) Ex AA, # 9 Exhibit(s) Ex BB, # 10 Exhibit(s) Ex CC, # 11 Exhibit(s) Ex DD, # 12 Exhibit(s) Ex EE, # 13 Exhibit(s) Ex FF, # 14 Exhibit(s) Ex GG, # 15 Exhibit(s) Ex HH, # 16 Exhibit(s) Ex II, # 17 Exhibit(s) Ex JJ, # 18 Exhibit(s) Ex KK, # 19 Exhibit(s) Ex LL, # 20 Exhibit(s) Ex MM)(Brown, Zhonette) Modified on 3/14/2024 (see, ). (Entered: 03/14/2024) Main Doc 124 Mar 14, 2024 in Opposition re 112 for Summary Judgment filed by Cornell University. Motion returnable before Judge Gary L. Sharpe. Declaration filed by Mukund Vengalattore. (Attachments: # 1 Exhibit(s) Ex NN, # 2 Exhibit(s) Ex OO, # 3 Exhibit(s) Ex PP, # 4 Exhibit(s) Ex QQ, # 5 Exhibit(s) Ex RR, # 6 Exhibit(s) Ex SS, # 7 Exhibit(s) Ex TT, # 8 Exhibit(s) Ex UU, # 9 Exhibit(s) Ex VV)(Brown, Zhonette) (Entered: 03/14/2024) Main Doc Mar 14, 2024 re 122 Affidavit in Opposition to Motion - added further description of of Mukund Vengalattore with Exhibits L-N; 118 Affidavit in Opposition to Motion - added further description of of Mukund Vengalattore with Exhibits A-D; 120 Affidavit in Opposition to Motion - added further description of Mukund Vengalattore with Exhibits H-K; 119 Affidavit in Opposition to Motion - added further description of Mukund Vengalattore with Exhibits E-G; 123 Affidavit in Opposition to Motion - added further description of of Attorney Kaitlyn D. Schiraldi. (see, ) Mar 14, 2024 regarding the 121 Response in Opposition to Motion of the following Filing Deficiency: Other Deficiency - The correction(s) should be made within 3 days of this notice. **Exhibit to Kaitlyn D. Schiraldi's Affidavit is too light to read. Please electronically file to this case a clearer image and link it to the entry using under Civil filing menu: Notices, then choose Notice - Other. Notice of Filing Deficiency Deadline 3/19/2024 (see) 125 Mar 18, 2024 by Mukund Vengalattore re 121 Response in Opposition to Motion,, Updated Exhibit (Schiraldi, Kaitlyn) (Entered: 03/18/2024) Main Doc 126 Mar 28, 2024 Letter Motion from Suzanne Messer for Cornell University requesting an enlargement in the page limitation applicable to Cornell's reply memorandum submitted to Judge Glenn T. Suddaby . (Messer, Suzanne) (Entered: 03/28/2024) Main Doc Letter Request/Motion 127 Mar 29, 2024 granting 126 letter-motion requesting an enlargement in the page limitation applicable to Cornell's reply memorandum not in excess of 15 pages by U.S. District Judge Glenn Suddaby on 3/29/2024. (sal) (Entered: 03/29/2024) Main Doc Mar 29, 2024 Order on Letter Request 128 Apr 3, 2024 to Response to Motion re 112 Motion for Summary Judgment,,,,,,,,, filed by Cornell University. (Attachments: # 1 Exhibit(s) A, # 2 Memorandum of Law) (Fellows, Jonathan) (Entered: 04/03/2024) 2/17/25, 12:32 Vengalattore v. Cornell University, 3:18-cv-01124 \u2013 CourtListener.com 24/27 Main Doc (/docket/7898542/128/vengalattore- v-cornell- university/) 129 Sep 10, 2024 that Cornell's motion for summary judgment (Dkt. No. 112 ) is in and in part such that Vengalattore's defamation claim is DISMISSED, and Vengalattore's Title claim this Decision and Order. This case is deemed ready for trial, and a pretrial conference shall be scheduled, at which counsel shall appear with settlement authority. Signed by U.S. District Judge Glenn Suddaby on 9/10/2024. (sal) (Entered: 09/10/2024) Main Doc (/docket/7898542/129/vengalattore- v-cornell- university/) Order on Motion for Summary Judgment 130 Sep 17, 2024 of Telephone Conference Telephone Status Conference has been set for 10/2/2024 at 9:30 before Magistrate Judge Therese Wiley Dancks. Counsel are directed to call the following number for this conference: 315-691- 0477, and enter code 499 102 830 to connect to the conference. (sg) (Entered: 09/17/2024) Main Doc Oct 2, 2024 Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Status Conference held on 10/2/2024. Appearances: Zhonette Brown, Esq., Kaitlyn Schiraldi, Esq, Katherine Norman, Esq. for Plaintiff with plaintiff Mukund Vengalattore present; Jonathan Fellows, Esq. and Suzanne Messer, Esq. for Defendant. Court inquires about interest in resolving the case and status of settlement discussions. Court proposes 10/22/2024 and 10/30/2024 at 11am for an in person settlement conference. Attorney Fellows to file a status report by 10/4/2024 re: availability of defendant's insurance representative on either of those dates or, if they are not available, propose several other dates for the Court and Plaintiff's counsel to consider. In the meantime, Court encourages the parties to continue with settlement discussions. (sg) 131 Oct 2, 2024 by Cornell University. (Fellows, Jonathan) (Entered: 10/02/2024) Main Doc 132 Oct 3, 2024 CONFERENCE: An settlement conference has been set for for 10/30/2024 at 11:00 in Syracuse before Magistrate Judge Therese Wiley Dancks. The parties will meet in the Third Floor Magistrate Judge Courtroom, James M. Hanley Federal Building, 100 South Clinton Street, Syracuse, New York. Parties must appear in person as directed by the Court. The Confidential Settlement Statement is being sent to counsel via separate email with instructions on submission to the Court and is due to be submitted by 5pm on 10/23/2024. The settlement statement be electronically filed with the Court or exchanged among the parties.(sg) (Entered: 10/03/2024) Main Doc Oct 30, 2024 Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Settlement Conference held on 10/30/2024. Case did not settle. Parties will continue discussing settlement. Court sets further video status conference. Parties to advise the Court of their clients' availability as directed by the Court. Once the Court has heard from all parties, the Teams invite will be sent to counsel setting the video conference. Appearances: Katherine Norman, Esq., Zhonette 2/17/25, 12:32 Vengalattore v. Cornell University, 3:18-cv-01124 \u2013 CourtListener.com 25/27 Brown, Esq., Dr. Mukund Vengalattore for Plaintiff; Suzanne Messer, Esq., Jonathan Fellows, Esq., Conrad Wolan, Esq., James Smith, Esq. for Defendant. (sg) Nov 1, 2024 of Video Status Conference Video Status Conference re: settlement discussions has been set for 11/8/2024 at 9:00 before Magistrate Judge Therese Wiley Dancks. The Teams video invite will be sent to all necessary counsel, who are directed to forward the Teams invite to necessary participants.(sg) Nov 8, 2024 Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Video Conference to report on status of settlement held on 11/8/2024. Parties will continue working on resolving the case and report back to the Court via email as directed during this conference. APPEARANCES: Zhonette Brown, Esq., Katherine Norman, Esq. for Plaintiff with plaintiff Dr. Mukund Vengalattore; Suzanne Messer, Esq., Jonathan Fellows, Esq., Conrad Wolan, Esq., and James Smith, Esq. for Defendant. (sg) Nov 12, 2024 of Continuation of Settlement Conference: Video Continuation of Settlement Conference set for 11/12/2024 at 1:30 before Magistrate Judge Therese Wiley Dancks. Teams invite has been sent to all necessary parties.(sg) Nov 12, 2024 Minute Entry for Continuation of Video Settlement Conference held on 11/12/2024 before Magistrate Judge Therese Wiley Dancks: **This is a sealed proceeding and the transcript of the proceeding is also sealed and available only to parties to the case, by Order of Magistrate Judge Dancks on 11/12/2024.** Case has settled. Notice of dismissal or status report to be filed by 12/13/2024. District Judge Suddaby's Chambers will be notified. APPEARANCES: Zhonette Brown, Esq. and Katherine Norman, Esq. for Plaintiff, with Plaintiff Dr. Vengalattore; Suzanne Messer, Esq., Jonathan Fellows, Esq., and Conrad Wolan, Esq. for Defendant. (Court Reporter Eileen McDonough) (sg) 133 Nov 12, 2024 by Cornell University for proceedings held on 11/12/2024 before Judge Suddaby.. (Messer, Suzanne) (Entered: 11/12/2024) Main Doc 134 Nov 13, 2024 of Settlement Conference Proceedings: held on November 12, 2024 before Judge Magistrate Judge Therese Wiley Dancks, Court Reporter: Eileen McDonough, Telephone number: 315-234-8546. (jmb) (jmb, ). (Entered: 12/04/2024) Main Doc 135 Dec 13, 2024 /Letter Request by Cornell University. (Messer, Suzanne) Modified on 12/13/2024 (sg, ). (Entered: 12/13/2024) Main Doc (/docket/7898542/135/vengalattore- v-cornell- university/) Letter Request/Motion 136 Dec 16, 2024 ORDER: Court reviewed status report (Dkt. No. 135 ) on finalizing settlement documents. The parties are to continue conferring in good faith to finalize the settlement agreement without further delay. The Notice of Dismissal or a further status report detailing why the parties cannot finalize the agreement to be filed by 12/23/2024 by Magistrate Judge Therese Wiley Dancks on 12/16/2024. (sg) (Entered: 12/16/2024) Main Doc Dec 16, 2024 Order on Letter Request 2/17/25, 12:32 Vengalattore v. Cornell University, 3:18-cv-01124 \u2013 CourtListener.com 26/27 137 Dec 23, 2024 REPORT/Letter Request by Cornell University. (Messer, Suzanne) Modified on 12/23/2024 (sg, ). (Entered: 12/23/2024) Main Doc (/docket/7898542/137/vengalattore- v-cornell- university/) Letter Request/Motion Dec 23, 2024 Order on Letter Request 138 Dec 23, 2024 : Court reviewed status report (Dkt No. 137 ) regarding finalizing settlement. Stipulation of discontinuance or a further status report on settlement to be filed by 1/6/2025 by Magistrate Judge Therese Wiley Dancks on 12/23/2024. (sg) (Entered: 12/23/2024) Main Doc 139 Jan 6, 2025 Main Doc (/docket/7898542/139/vengalattore- v-cornell- university/) Letter Request/Motion Jan 6, 2025 Order on Letter Request Jan 21, 2025 Order Dismissing Case 2/17/25, 12:32 Vengalattore v. Cornell University, 3:18-cv-01124 \u2013 CourtListener.com 27/27", "8238_104.pdf": "Secures Trial in Ex-Professor\u2019s Case Against Cornell\u2019s Title Kangaroo Court Washington (September 10, 2024) \u2013 Today, the U.S. District Court for the Northern District of New York denied Cornell University\u2019s effort to avoid a trial in New Civil Liberties Alliance client Dr. Mukund Vengalattore\u2019s lawsuit alleging that Cornell\u2019s biased and faulty sexual misconduct investigation discriminated against him in violation of Title IX. Dr. Vengalattore was a tenure-track Cornell University physics professor in 2014 when a former graduate student sought to interfere with his tenure and made a false sexual misconduct allegation. Her claim launched an utterly biased and due-process deficient Title investigation that ruined his promising career. Cornell\u2019s scheme was driven in part by the university\u2019s Title office, which succumbed to pressure from the Department of Education (DOE) to rig its investigatory and adjudicatory processes against men accused of sexual misconduct. While the Court dismissed Dr. Vengalattore\u2019s claim that Cornell defamed him, it rejected the university\u2019s motion for summary judgement in the lawsuit looks forward to arguing Dr. Vengalattore\u2019s Title claim before a jury and clearing his good name. Dr. Vengalattore has consistently and specifically denied the suspiciously timed accusation of his former student. Nevertheless, Cornell found him guilty in a secret process that ignored procedural rights and protections specified in Cornell\u2019s applicable policies and deprived him of even the most fundamental notions of due process, including disregarding evidence to reach its preferred outcome against the full weight of the evidence. Dr. Vengalattore enlisted NCLA\u2019s help in taking Cornell to court for this injustice. The district court initially dismissed his Title claims, concluding the Title cause of action did not extend to faculty. The U.S. Court of Appeals for the Second Circuit reversed that ruling, with Judge Jos\u00e9 Cabranes observing in his concurrence: \u201cinsulated from review, it is no wonder that, in some cases, these procedures have been compared unfavorably to those of the infamous English Star Chamber.\u201d NCLA: New Civil Liberties Alliance 2/17/25, 12:32 Secures Trial in Ex-Professor\u2019s Case Against Cornell\u2019s Title Kangaroo Court 1/3 Gender bias drove Cornell\u2019s misconduct in this process, as the university caved to influence. Cornell has admitted that DOE\u2019s 2011 and 2014 guidance, including an infamous \u201cDear Colleague Letter\u201d, was an \u201cinstigating cause\u201d for changing its sexual assault and harassment policies and significantly reducing the due process protections afforded the accused (most often, male) in favor of the accuser (most often, female). Courts have previously found that universities that followed the guidance eviscerating commonsense procedural protections violated rather than complied with Title IX. In Dr. Vengalattore\u2019s case, Cornell changed or ignored multiple policies and procedures to placate DOE, ironically leading to the university\u2019s violating Title rather than complying with it released the following statements: \u201cOn Dr. Vengalattore\u2019s behalf, we are pleased with the Court\u2019s finding that a rational jury could look at Cornell\u2019s multiple procedural irregularities and the pressure put on Cornell, including by the U.S. Department of Education, to find that Cornell\u2019s action against Dr. Vengalattore was at least partially motivated by gender bias. Universities and all entities must be aware that government agencies have their own agendas and their recommendations, even mandates, may not be consistent with law and should be critically evaluated. The Administrative State is not entitled, in courts or otherwise, to a presumption of being correct.\u201d \u2014 Zhonette Brown, General Counsel and Senior Litigation Counsel \u201cThe Court\u2019s ruling sends a strong message not only to Cornell, but to universities and colleges across the country, that the brutish overreach of university administrators at the expense of due process and simple fairness will not be tolerated. We look forward to, at long last, vindicating Dr. Vengalattore\u2019s rights and addressing Cornell\u2019s \u2018grotesque miscarriage of justice\u2019 before a jury at trial.\u201d \u2014 Casey Norman, Litigation Counsel For more information visit the case page here or watch the case video here 2/17/25, 12:32 Secures Trial in Ex-Professor\u2019s Case Against Cornell\u2019s Title Kangaroo Court 2/3 is a nonpartisan, nonprofit civil rights group founded by prominent legal scholar Philip Hamburger to protect constitutional freedoms from violations by the Administrative State. NCLA\u2019s public-interest litigation and other pro bono advocacy strive to tame the unlawful power of state and federal agencies and to foster a new civil liberties movement that will help restore Americans\u2019 fundamental rights. On the Case Casey Norman Litigation Counsel Zhonette Brown General Counsel and Senior Litigation Counsel 2/17/25, 12:32 Secures Trial in Ex-Professor\u2019s Case Against Cornell\u2019s Title Kangaroo Court 3/3", "8238_105.pdf": "Julia Nagel/Sun Senior Photographer Former Cornell physics professor Mukund Vengalattore reached a confidential settlement with the University regarding a Title lawsuit. The Cornell Daily Sun ( Editor\u2019s note: This article mentions alleged rape and sexual misconduct. After a six-year-long legal battle ( timeline/) , Cornell University has reached a confidential settlement ( against-cornell-university/) with Mukund Vengalattore ( , a former Cornell physics professor, regarding a Title lawsuit ( for-campus-disciplinary-proceedings/) that has drawn significant attention within the academic community. The dispute began ( circuit/2174449.html#:~:text=September%202014%2C%20two,and%20Labor%20Relations) in 2014 when a graduate student accused Vengalattore of rape and sexual misconduct, alleging an undisclosed two-year consensual sexual relationship and inappropriate behavior. Although Vengalattore consistently denied these allegations, his request for tenure was denied without a hearing. The New Civil Liberties Alliance ( \u2014 a civil rights group that aims to \u201cprotect constitutional freedoms from violations by the Administrative State\u201d \u2014 represents Vengalattore and filed ( u-s-dept-of-education-complaint/) the lawsuit in 2018 against Cornell and the U.S. Department of Education. The complaint primarily contended that Cornell violated Vengalattore\u2019s Title ( rights and constitutional right to due process, pointing to several significant procedural flaws. For one, the lawsuit alleges ( circuit/2174449.html#:~:text=Mittman%20had%20been,334%2C%20340%2D341.)) that Vengalattore was not informed of the allegations against him for months after they were raised, and Cornell Settles Title Lawsuit With Former Physics Professor By News Department February 13, 2025 1/3 numerous unrecorded conversations between the accuser and the investigators were held, leaving Vengalattore with the burden of proving a sexual relationship did not occur. Even after he was finally informed of the accusations, Vengalattore was denied counsel during interviews. The complaint also maintains ( circuit/2174449.html#:~:text=Mittman%20had%20been,See%20id.%20%C2%B6%20638.)) that investigators for the University ignored witness testimonies, prevented cross- examination of the accuser and ultimately imposed a two-week suspension without a hearing, after which Vengalattore\u2019s academic appointment employment at Cornell ended in June 2018. He attributed his denial of academic appointments and laboratory access at other institutions to what he described as a false narrative. The legal complaint implicates the U.S. Department of Education as well, saying that Cornell, under pressure from the department\u2019s Title and Sex Discrimination guidelines ( Discrimination) , was coerced into adopting policies that undermined due process protections for accused individuals, instead siding with the accuser. The district court initially dismissed the case, but upon appeal ( , the U.S. Court of Appeals for the Second Circuit partially reversed this decision ( in 2022, allowing the lawsuit to proceed against Cornell while excluding the U.S. Department of Education. Following the denial of Cornell\u2019s motion for summary judgment, or a motion to end a case without a trial, the parties reached a \u201cfavorable settlement,\u201d according to a Feb. 6 statement ( title-ix-case-against-cornell-university/) released by the NCLA. Subscribe to our daily newsletter! email address Subscribe \u201cBecause Dr. Vengalattore stood up for his rights, the Second Circuit held Title applies to intentional gender discrimination against faculty, too, and universities must now think twice before following future bad federal Title guidance,\u201d wrote President Mark Chenoweth in the statement. This case is not an isolated incident at Cornell. In 2018, the University withheld the Ph.D. of one of Vengalattore\u2019s students due to an outstanding Title allegation against them. The complaint, which was lodged by Vengalattore\u2019s accuser, alleged that the Ph.D. candidate retaliated against them for making the sexual misconduct report. 19 Cornell Law School professors criticized ( dismiss-title-ix-complaint-against-graduate-student-and-give-him-his-ph-d/) the University\u2019s decision, urging the administration to dismiss the complaint and award the degree. Cornell Media Relations declined to comment on the outcome of Vengalattore\u2019s Title lawsuit against the University. Jeremiah Jung \u201928 is a Sun staff writer and can be reached at jwj66@cornell.edu. 2/3 3/3", "8238_106.pdf": "Secures Trial in Ex- Professor\u2019s Case Against Cornell\u2019s Title Kangaroo Court Dr. Mukund Vengalattore v. Cornell University September 10, 2024 18:38 | Source: New Civil Liberties Alliance Follow Washington, D.C., Sept. 10, 2024 NEWSWIRE) -- Today, the U.S. District Court for the Northern District of New York denied Cornell University\u2019s effort to avoid a trial in New Civil Liberties Alliance client Dr. Mukund Vengalattore\u2019s lawsuit alleging that Cornell\u2019s biased and faulty sexual misconduct investigation discriminated against him in violation of Title IX. Dr. Vengalattore was a tenure-track Cornell University physics professor in 2014 when a former graduate student sought to interfere with his tenure and made a false sexual misconduct allegation. Her claim launched an utterly biased and due- process deficient Title investigation that ruined his promising career. Cornell\u2019s scheme was driven in part by the university\u2019s Title office, which succumbed to pressure from the Department of Education (DOE) to rig its investigatory and adjudicatory processes against men accused of sexual misconduct. While the Court dismissed Dr. Vengalattore\u2019s claim that Cornell defamed him, it rejected the university\u2019s motion for summary judgement in the lawsuit looks forward to arguing Dr. Vengalattore\u2019s Title claim before a jury and clearing his good name. Company Profile New Civil Liberties Alliance Website: al.org/ Press Release Actions Print Download Subscribe via Subscribe via Javascript Share search 2/17/25, 12:32 Secures Trial in Ex-Professor\u2019s Case Against Cornell\u2019s 1/4 Dr. Vengalattore has consistently and specifically denied the suspiciously timed accusation of his former student. Nevertheless, Cornell found him guilty in a secret process that ignored procedural rights and protections specified in Cornell\u2019s applicable policies and deprived him of even the most fundamental notions of due process, including disregarding evidence to reach its preferred outcome against the full weight of the evidence. Dr. Vengalattore enlisted NCLA\u2019s help in taking Cornell to court for this injustice. The district court initially dismissed his Title claims, concluding the Title cause of action did not extend to faculty. The U.S. Court of Appeals for the Second Circuit reversed that ruling, with Judge Jos\u00e9 Cabranes observing in his concurrence: \u201cinsulated from review, it is no wonder that, in some cases, these procedures have been compared unfavorably to those of the infamous English Star Chamber.\u201d Gender bias drove Cornell\u2019s misconduct in this process, as the university caved to influence. Cornell has admitted that DOE\u2019s 2011 and 2014 guidance, including an infamous \u201cDear Colleague Letter\u201d, was an \u201cinstigating cause\u201d for changing its sexual assault and harassment policies and significantly reducing the due process protections afforded the accused (most often, male) in favor of the accuser (most often, female). Courts have previously found that universities that followed the guidance eviscerating commonsense procedural protections violated rather than complied with Title IX. In Dr. Vengalattore\u2019s case, Cornell changed or ignored multiple policies and procedures to placate DOE, ironically leading to the university\u2019s violating Title rather than complying with it released the following statements: \u201cOn Dr. Vengalattore\u2019s behalf, we are pleased with the Court\u2019s finding that a rational jury could look at Cornell\u2019s multiple procedural irregularities and the pressure put on Cornell, including by the U.S. Department of Education, to find that Cornell\u2019s action against Dr. Vengalattore was at least partially motivated by gender bias. Universities and all entities must be aware that government agencies have their own agendas and their recommendations, even mandates, may not be consistent with law and should be critically evaluated. The Administrative 2/17/25, 12:32 Secures Trial in Ex-Professor\u2019s Case Against Cornell\u2019s 2/4 Tags Related Links Contact Data State is not entitled, in courts or otherwise, to a presumption of being correct.\u201d \u2014 Zhonette Brown, General Counsel and Senior Litigation Counsel \u201cThe Court\u2019s ruling sends a strong message not only to Cornell, but to universities and colleges across the country, that the brutish overreach of university administrators at the expense of due process and simple fairness will not be tolerated. We look forward to, at long last, vindicating Dr. Vengalattore\u2019s rights and addressing Cornell\u2019s \u2018grotesque miscarriage of justice\u2019 before a jury at trial.\u201d \u2014 Casey Norman, Litigation Counsel For more information visit the case page here or watch the case video here is a nonpartisan, nonprofit civil rights group founded by prominent legal scholar Philip Hamburger to protect constitutional freedoms from violations by the Administrative State. NCLA\u2019s public-interest litigation and other pro bono advocacy strive to tame the unlawful power of state and federal agencies and to foster a new civil liberties movement that will help restore Americans\u2019 fundamental rights. ### New Civil Liberties Alliance website YouTube Joe Martyak New Civil Liberties Alliance 202-869-5208 joe.martyak@ncla.legal 2/17/25, 12:32 Secures Trial in Ex-Professor\u2019s Case Against Cornell\u2019s 3/4 Recommended Reading About Us GlobeNewswire is one of the world's largest newswire distribution networks, specializing in the delivery of corporate press releases, financial disclosures and multimedia content to media, investors, and consumers worldwide. Follow us on social media: Global News \u2022 English \u2022 Fran\u00e7ais \u2022 Deutsch Newswire Distribution Network & Management \u2022 Home \u2022 Newsroom Feeds \u2022 Notified \u2022 Legal \u2022 Contact us \u2022 Resources Contact February 13, 2025 17:15 | Source: New Civil Liberties Alliance In Hawaii, Ninth Circuit Hears Oral Argument in Case Against SEC\u2019s Illegal Gag Rule Honolulu, Feb. 13, 2025 NEWSWIRE) -- Today, New Civil Liberties Alliance Senior Litigation Counsel Peggy Little presented oral argument in Powell, et al. v. Securities and Exchange... February 10, 2025 18:18 | Source: New Civil Liberties Alliance Asks Fifth Circuit to Rule Against Limitless Texas Attorney General Searches of Business Records Washington, D.C., Feb. 10, 2025 NEWSWIRE) -- Today, the New Civil Liberties Alliance filed an amicus curiae brief in Spirit AeroSystems v. Paxton, urging the U.S. Court of Appeals for the... Explore Transparent Design and Cloud-Free Tech Wows ... February 17, 2025 00:47 Plutus Trade Base Expands Services to Include U.S.... February 16, 2025 22:54 2/17/25, 12:32 Secures Trial in Ex-Professor\u2019s Case Against Cornell\u2019s 4/4", "8238_107.pdf": "2ND v (2022) United States Court of Appeals, Second Circuit. Dr. Mukund VENGALATTORE, Plaintiff-Appellant, v UNIVERSITY, Miguel Cardona, Secretary of Education, U.S. Department of Education, and U.S. Department of Education, Defendants-Appellees.* Docket No. 20-1514 Decided: June 02, 2022 Before: KEARSE, CABRANES, and POOLER, Circuit Judges KRUCKENBERG, Washington (Margaret A. Little, Richard A. Samp, New Civil Liberties Alliance, Washington, DC, on the brief), for Plaintiff-Appellant L. BANKS, Philadelphia, Pennsylvania (Emily Reineberg, Morgan Lewis & Bockius, Philadelphia, Pennsylvania; Wendy E. Tarlow, Office of University Counsel, Cornell University, Ithaca, New York, on the brief), for Defendant-Appellee Cornell University LESPERANCE, Assistant United States Attorney, Albany, New York (Antoinette T. Bacon, Acting United States Attorney for the Northern District of New York, William Larkin, Assistant United States Attorney, Albany, New York, on the brief), for Defendants-Appellees Miguel Cardona and U.S. Department of Education. Plaintiff Mukund Vengalattore, a former Assistant Professor at defendant Cornell University (\u201cCornell\u201d or the \u201cUniversity\u201d), appeals from a judgment of the United States District Court for the Northern District of New York, Gary L. Sharpe, Judge, dismissing his amended complaint (\u201cComplaint\u201d) alleging principally (A) that in disciplining him in response to his student assistant's allegation that he had an inappropriate relationship with her, Cornell discriminated against him on the basis of gender and national origin in \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/17/25, 12:32 v (2022) | FindLaw 1/33 violation of, respectively, Title of the Education Amendments of 1972, 20 U.S.C. \u00a7 1681 et seq. (\u201cTitle IX\u201d), and Title of the Civil Rights Act of 1964, 42 U.S.C. \u00a7 2000d et seq. (\u201cTitle VI\u201d); and (B) that defendants United States Department of Education and its Secretary (the \u201cfederal defendants\u201d) violated the Administrative Procedure Act (\u201cAPA\u201d), 5 U.S.C. \u00a7 551 et seq., and the Spending Clause of the Constitution in issuing guidance documents that caused or contributed to Cornell's gender discrimination. The district court granted Cornell's motion for judgment on the pleadings and/or summary judgment, ruling principally that Title does not authorize a private right of action for discrimination in employment, and that the Complaint lacked sufficient allegations of national origin discrimination to state a claim under Title VI. The court granted the federal defendants\u2019 motion to dismiss the claims against them for lack of standing. The court also dismissed a claim by Vengalattore against Cornell under 42 U.S.C. \u00a7 1983 for denial of due process, ruling that Cornell is not a state actor; and it declined to exercise pendent jurisdiction over a state-law claim against Cornell for defamation. Vengalattore challenges these rulings on appeal. For the reasons that follow, we conclude that Title affords a private right of action for a university's intentional gender-based discrimination against a faculty member, and that the Complaint sufficiently asserts such a claim; we thus vacate and remand for further proceedings on Vengalattore's Title claim. We therefore also vacate the discretionary dismissal of his state-law claim for defamation. We affirm the dismissal of the Title and due process claims against Cornell, as well as the dismissal of the claims against the federal defendants Cornell's motion to dismiss requested judgment on the pleadings \u201cand/or\u201d summary judgment, and the district court stated that the motion was granted. Given that the court \u201cdid not purport to \u2024 make factual findings,\u201d and assessed the Complaint's allegations, rather than any proffered evidence, \u201call of the facts alleged in [plaintiff's] complaint[ ] must be taken as true for purposes of review,\u201d Cannon v. University of Chicago, 441 U.S. 677, 680 n.2, 99 S.Ct. 1946, 60 L.Ed.2d 560 (1979). We also \u201cconsider \u2024 documents incorporated into the complaint by reference.\u201d Tellabs, Inc. v. Makor Issues & Rights, Ltd., 551 U.S. 308, 322, 127 S.Ct. 2499, 168 L.Ed.2d 179 (2007) (\u201cTellabs\u201d). The principal factual allegations of the 846- paragraph Complaint, taken as true, are summarized below. A. An Overview of the Complaint's Allegations as to the Events Vengalattore is a male of Indian descent. He became a tenure-track Assistant Professor of Physics in Cornell's College of Arts and Sciences in 2009. In that position, with the aid of assistants, he designed and conducted laboratory experiments. One assistant, a graduate student--called \u201cJane Roe\u201d in this litigation--worked on a Vengalattore experiment from 2009 until late 2012. She, inter alia, struggled with her lab assignments and often took professional criticism personally; was somewhat unprofessional in her language and conduct; falsely accused others of breaking lab equipment; and objected to \u201cwork[ing] 2/17/25, 12:32 v (2022) | FindLaw 2/33 long hours\u201d as she stated would be expected of \u201cIndians.\u201d (See Complaint \u00b6\u00b6 203, 211, 253-257, 260, 396, 407.) Roe withdrew from Vengalattore's project in November 2012. In the Spring of 2013, she told a professor who collaborated in Vengalattore's research \u201cif have my way, [Dr. Vengalattore] will have a hard time getting tenure.\u201d (Id. \u00b6 292.) In May 2014, during the Physics Department's consideration of Vengalattore's request for tenure, Roe sent the tenure review committee a letter alleging that Vengalattore had once angrily thrown a five-pound piece of equipment at her. In September 2014, two days after learning that the committee had recommended that tenure be granted, Roe told Physics Professor Ritchie Patterson that Vengalattore had engaged in sexual misconduct with her. That accusation was relayed to Alan Mittman, Director of Cornell's Office of Workforce Policy and Labor Relations. Dean Gretchen Ritter, responsible for approval of tenure decisions in the College of Arts and Sciences, was informed of Roe's accusation while she was considering Vengalattore's tenure request. Mittman proceeded to conduct numerous informal interviews of Roe, keeping the Dean informed of Roe's allegations; Vengalattore was not similarly informed. (See, e.g., id. \u00b6\u00b6 321, 327, 332-334, 340, 361.) On February 13, 2015, Dean Ritter denied Vengalattore's request for tenure. (See id. \u00b6\u00b6 336, 342.) One business day later, Mittman, with Sarah Affel, Cornell's Title coordinator (the \u201cinvestigators\u201d), conducted the first interview with Roe that was recorded. In that February 16, 2015 interview, Roe told the investigators that she had been raped by Vengalattore in late 2010, and that she thereafter had a secret consensual sexual relationship with him until December 2011. (See, e.g., id. \u00b6\u00b6 344, 349, 351.) On February 27, 2015, Vengalattore, still unaware of Roe's accusations, appealed to the University appeals committee, challenging the denial of his request for tenure. On the next business day, March 2, Mittman summoned him to appear at the Title office on March 3 \u201cto \u2018review [an] alleged romantic relationship with a student under [his] supervision in or around the 2011 calendar year.\u2019 \u201d (Complaint \u00b6 363.) In the March 3 interview, Vengalattore was informed of Roe's allegation that he and she had had a consensual sexual relationship. Vengalattore denied it. Toward the end of the three-hour interview, he was informed that Roe also accused him of rape. He responded by asking for the assistance of counsel; the investigators told him that was not necessary, and continued with the interview. (See id. \u00b6\u00b6 369-370.) Vengalattore throughout denied having had any sexual, romantic, or other unprofessional relationship with Roe. As described in Part I.C.1. below, the Complaint alleged that the investigation was conducted in a manner that was designed to support Roe's accusation. For example, Roe had told the investigators that the sexual relationship began during the final week of the Fall 2010 semester, on a day when Vengalattore had not come to the lab and she went to his house at 7 p.m. to check on him. She said he 2/17/25, 12:32 v (2022) | FindLaw 3/33 invited her in and began kissing her; that she initially resisted but then agreed to have sex with him; that she considered this to be rape; that she spent the night with him and went with him to the lab the following morning; and that they then had a secret consensual sexual relationship until December 2011. (See Complaint \u00b6\u00b6 344-351.) When Vengalattore asked on what date Roe claimed he had raped her, the investigators refused to answer. Instead they asked Vengalattore to take a blank December 2010 calendar and mark off for them the days he had been in town. (See id. \u00b6\u00b6 438-439.) As described in Part I.C.2. below, the investigators\u2019 eventual written report to the Dean, while recommending that Vengalattore not be found to have raped Roe, stated their conclusion that Roe's allegation of their consensual sexual relationship was supported by a preponderance of the evidence. Without a hearing, Dean Ritter adopted the investigators\u2019 report and found that Vengalattore had had an inappropriate sexual relationship with Roe; she also found that he had lied to the investigators. As a result, Dean Ritter imposed a two-week suspension without pay, which Vengalattore served in June 2017 after the denial of tenure had become final. His academic appointment employment at Cornell ended in June 2018. \u201cCornell's decision to deny tenure is not at issue in this lawsuit\u201d (Vengalattore brief on appeal at 13), that matter having been resolved by a 2018 ruling by the New York Supreme Court, Appellate Division, that \u201cthe sexual misconduct allegations raised by\u201d Roe had \u201cno[t] \u2024 improperly influenced the tenure decision,\u201d and \u201cthat Cornell had not acted arbitrarily or capriciously during the tenure review process\u201d (Complaint \u00b6\u00b6 645-646). Instead, Vengalattore asserts here that, despite his significant achievements and his having been awarded several million dollars of grant money, he has been denied academic appointment or laboratory access at other universities. (Id. \u00b6\u00b6 649, 654, 657.) He attributes this, on information and belief, to Cornell's knowing communication of false findings that he had a sexual relationship with a student and lied about it. (See id. \u00b6\u00b6 654-657; see also id. \u00b6\u00b6 713, 725-729.) B. Allegations of Gender Bias and National Origin Bias The Complaint alleged that there were both overt and implicit manifestations of bias against Vengalattore on the basis of his gender or national origin. With respect to gender, the Complaint includes the following allegations as to conduct and statements by Roe or by Cornell officials who were advisors to decisionmakers. Airlia Shaffer-Moag, an undergraduate student, joined Vengalattore's lab in 2012. In connection with Vengalattore's appeal of Dean Ritter's February 2015 denial of his tenure request, Shaffer-Moag sent a letter to the tenure appeals committee in August 2015 stating that in 2012 she had witnessed Roe attempting to have undergraduate men denied the opportunity to join Vengalattore's lab, while advocating the acceptance of women with equivalent or lesser credentials. (See, e.g., Complaint \u00b6\u00b6 271, 565-566, 570.) In that regard, Shaffer-Moag cited her own personal experience. When she and two undergraduate men were applying to join Vengalattore's lab, Roe attempted to bar the two men. (See id. 2/17/25, 12:32 v (2022) | FindLaw 4/33 \u00b6\u00b6 271-273, 570-572.) Yet \u201cShaffer-Moag, by her own reckoning, had a \u2018much weaker background in physics than did the two men, so there was no reason to try to bar them from the lab without barring\u2019 her as well.\u201d (Id. \u00b6 274; see id. \u00b6 573.) Shaffer-Moag, after joining the lab, became friendly with Roe. In her letter to the appeals committee she said that \u201cRoe had told her in 2012 that [Roe] was \u2018sexist against men.\u2019 \u201d (Id. \u00b6 569; see id. \u00b6 270.) The University appeals committee in December 2015 upheld Vengalattore's appeal from the denial of tenure, leading to consideration of his tenure application by a new committee; the new committee recommended that tenure be granted. (See Complaint \u00b6\u00b6 626-627.) On February 16, 2016, however, Dean Ritter formally overruled the new committee's recommendation and again denied Vengalattore tenure. (See id. \u00b6 628.) On February 26, 2016, Vengalattore met with Professor Saul Teukolsky, the Physics Department's interim chair who \u201chad been involved in the tenure review process.\u201d (Id. \u00b6 629.) \u201cDuring that meeting, Professor Teukolsky told Dr. Vengalattore that the faculty had considered Roe's accusations to have been false and malicious, but also said that the faculty would take no action, saying, \u2018Can you imagine what would happen if we took action against a blonde, female student? Twitter would explode and the entire department would be labeled bullies. We don't want that.\u2019 \u201d (Complaint \u00b6 630 (emphases ours).) With respect to Vengalattore's claim under Title VI, the Complaint alleged that there were national-origin- related statements by Roe and one by a member of a faculty committee considering his request for tenure. According to graduate student Yogesh Patil, who worked with Roe in Vengalattore's lab, Roe made \u201cracial comments\u201d such as \u201ctelling Dr. Vengalattore in front of the other students, \u2018You are all Indians. Of course you stick together.\u2019 \u201d (Complaint \u00b6 409.) She also told Patil that he, Vengalattore, and graduate student Srivatsan Chakram \u201ccould be expected to work long hours because \u2018they are Indians, who are hardworking like Chinese.\u2019 \u201d (Id.) As to the comment by a faculty committee member, the Complaint alleged that after two faculty committees had considered Vengalattore's request for tenure (see, e.g., id. \u00b6\u00b6 322-323), \u201cyet another faculty committee, the Faculty Advisory Committee on Tenure Appointments (FACTA), was convened to review\u201d the tenure request \u201c[f]ollowing Dean Ritter's recommendation\u201d that tenure be denied (id. \u00b6 337 recommended denying tenure. (See id. \u00b6 338.) In its report, one member, Professor Paulette Clancy of Cornell's College of Engineering, wrote found [Dr. Vengalattore's] interactions with the graduate students to be unacceptable and unsupportable by a major research university like Cornell. Clearly the only students who are prepared to take the abuse he dishes out are both men and they are both from the Indian subcontinent, where perhaps the culture between advisor and prot\u00e9g\u00e9 is different.\u201d (Complaint \u00b6 339 (quoting report (emphasis in Complaint)).) 2/17/25, 12:32 v (2022) | FindLaw 5/33 C. Cornell's Processing of Roe's Accusations The Complaint alleged that until 2012, complaints of sexual misconduct had been governed by Cornell's Campus Code of Conduct (\u201cCampus Code\u201d or \u201cCode\u201d). The Code allowed investigation of complaints as to alleged misbehavior \u201cthat had occurred within one year of the complaint being filed.\u201d (Complaint \u00b6 106 person accused of misconduct was entitled to have the assistance of an advisor at all stages; and prior to the filing of formal charges \u201cthe Judicial Administrator\u201d could not interview the accused without giving him written notice of the matter to be discussed and his relationship to it. (See id. \u00b6\u00b6 108- 109, 111.) The accused was also entitled, inter alia, to have an adversarial hearing before a board comprising three faculty members, one student, and one nonfaculty employee; and the burden was on claimants to prove their claims by clear and convincing evidence. (See id. \u00b6\u00b6 116-128.) Since 1996 Cornell had had a policy on \u201cRomantic and Sexual Relationships Between Students and Staff\u201d (or \u201cRomance Policy\u201d) which was not part of the Campus Code but rather was set out in the Faculty Handbook (see Complaint \u00b6\u00b6 174, 176). The Romance Policy \u201cgenerally provided that a faculty member \u2018should\u2019 not \u2018simultaneously be romantically or sexually involved with a student whom he or she teaches, advises, coaches, or supervises in any way\u2019 because a \u2018conflict of interest arises when an individual evaluates the work or performance of a person with whom he or she is engaged in a romantic or sexual relationship.\u2019 \u201d (Id. \u00b6 175 (quoting Romance Policy)); see also (id. \u00b6 577.) Cornell's \u201cCommittee on Professional Status\u201d was given \u201cexclusive jurisdiction over the romantic relationships policy.\u201d (Id. \u00b6\u00b6 177-178.) That \u201cCommittee was to be a group of faculty\u201d and it \u201cwas required to establish review procedures, which \u2018must comport with the precepts of due process.\u2019 (emphasis in original).\u201d (Id. \u00b6\u00b6 179- 180.) In 2012, Cornell amended the Campus Code to adopt a new set of procedures required by defendant United States Department of Education (\u201cDoE\u201d) (see, e.g., Complaint \u00b6\u00b6 703-709), called \u201cPolicy 6.4.\u201d (id. \u00b6 129). As discussed in Part I.D. below, the Complaint alleged that Policy 6.4 curtailed many of the rights that had been afforded to an accused by the Campus Code. For example, rather than the Campus Code's clear-and-convincing-evidence standard (see id. \u00b6 128), under Policy 6.4 the investigator was to apply a \u201cpreponderance of the evidence standard\u201d (id. \u00b6 158); in addition, \u201c[n]o party had a burden of proof\u201d (id. \u00b6 159). Also \u201cPolicy 6.4 did not require that the investigator disclose evidence favorable to the accused to anyone, at any stage of the investigation\u201d (id. \u00b6 163); and it provided that if the accused refused to discuss the matter, the refusal \u201ccould result in an adverse finding\u201d (id. \u00b6 143). Policy 6.4's time limit for a student's filing a complaint against a supervisory faculty member was the earlier of one year after the student was no longer under the faculty member's supervision or three years from the date of the alleged acts. (See Complaint \u00b6 140.) The investigators acknowledged--and had alerted Dean Ritter--that Roe's complaint against Vengalattore \u201c \u2018was time-barred by Policy 6.4.\u2019 \u201d (Id. \u00b6 581; see, e.g., id. \u00b6\u00b6 582, 454.) 2/17/25, 12:32 v (2022) | FindLaw 6/33 The Complaint alleged that Cornell's processing of Roe's accusations against Vengalattore employed a hybrid process (see id. \u00b6 577) by applying some standards favorable to Roe that were permitted only by Policy 6.4--which the Dean and the investigators knew was inapplicable because of the time bar--and that the inquiry was conducted without regard to impartiality, reliability, or due process. 1. The Investigation Mittman had been informed as early as September 2014 of Roe's allegation that she and Vengalattore had been involved in a sexual relationship. (See Complaint \u00b6\u00b6 324-326.) Although Vengalattore was not informed of that allegation until March of 2015 (see id. \u00b6\u00b6 361-363), Mittman \u201ctold Roe\u201d in December 2014 \u201cthat Cornell was working \u2018very aggressively to address issues of access, prevention and culture change\u2019 \u2018under Title IX\u2019 \u201d (id. \u00b6 335). Through mid-February 2015, Mittman proceeded to have numerous unrecorded conversations with Roe; he shared Roe's allegations with Dean Ritter while she considered Vengalattore's request for tenure; and he assured Roe that her concerns had been relayed to Dean Ritter. (See id. \u00b6\u00b6 361, 327, 332-334, 340-341.) When Vengalattore was interviewed by the investigators, he objected that it was unfair to place on him the burden of proving that, 4-5 years earlier, an alleged event had not occurred; the investigators did not dispute that they viewed him as having that burden. (See id. \u00b6\u00b6 446-447.) When Vengalattore asked whether Roe could be disciplined for making false accusations against him, Mittman responded only by suggesting that her accusations were not false. (See id. \u00b6\u00b6 457-458.) The investigators determined that her allegation of a sexual relationship with Vengalattore, which first surfaced in 2014, could not be viewed as a recent fabrication because she had \u201cno reason to lie\u201d about her sexual activity in 2011 (id. \u00b6 599)--i.e., \u201cno apparent motive to lie\u201d (id. \u00b6 469). For evaluation of Roe's accusations and her possible motivation for fabricating them, Vengalattore asked the investigators to pose certain questions to Roe and to interview certain other persons who were knowledgeable; but his requests were largely ignored. For example, he provided the names of more than a dozen persons--professors, close collaborators, or assistants--who were familiar with his experiments, with the atmosphere in his lab, and with Roe's work and conduct there. (See Complaint \u00b6\u00b6 375, 514.) The investigators did not contact most of them. They did, however, contact another professor whom they \u201cencouraged \u2024 to share any \u2018rumors\u2019 he had heard\u201d about Vengalattore. (Id. \u00b6\u00b6 481-482.) Vengalattore also alleged that the investigators\u2019 procedures violated his right to due process. He was informed orally of allegations against him, and initially was told only part of the accusation. (See id. \u00b6\u00b6 362-363, 367-368, 461-462.) When he was eventually informed that Roe was accusing him of rape, he asked to have assistance of counsel; Mittman and Affel told him that was not necessary (see id. \u00b6\u00b6 369- 370), but the investigators thereafter asked him for information he clearly would have been advised not to provide, including essentially, as described in Part I.A. above, a tabulation of the December 2020 days on which Roe could plausibly say the alleged rape had occurred (see id. \u00b6\u00b6 438-439). In contrast, the 2/17/25, 12:32 v (2022) | FindLaw 7/33 Complaint alleged that Cornell provided Roe with counsel, and that the investigators\u2019 final report to the Dean indicated that Vengalattore had been represented by counsel although in fact he had not. (See id. \u00b6\u00b6 365, 382, 586.) Vengalattore also was not allowed to question Roe or any of the persons who told the investigators that Roe had told them, before 2014, of a sexual relationship with Vengalattore. And the investigators allowed Roe and those persons to confer with each other before and after their interviews and subsequently to have the investigators alter the notes as to what they had said. (See Complaint \u00b6\u00b6 418, 422-424.) 2. The Investigators\u2019 Report and the Dean's Findings Mittman and Affel reported the results of their investigation to Dean Ritter on September 25, 2015 (\u201cMittman-Affel Report\u201d or \u201cReport\u201d), recommending a finding that Vengalattore had violated Cornell's 1996 policy against Romantic and Sexual Relationships Between Students and Staff (see Complaint \u00b6\u00b6 576-577). The Report stated that \u201c[a]lleged violations of the policy are reviewed under the \u2018preponderance of the evidence\u2019 standard. This is the standard of proof applied by the investigators and the dean, not a burden of proof borne by either the student or faculty member.\u201d (Id. \u00b6 579 (quoting Mittman-Affel Report (emphases ours)).) The Report \u201cdetermined that the lack of evidence supporting a year-long romantic relationship actually supported Roe's allegations, because \u2018[c]ommon sense experience is that secretive relationships carried out by faculty members and students can be carried out without others, including other students and colleagues, becoming aware.\u2019 \u201d (Complaint \u00b6 616 (quoting Report (emphases ours)).) The Report also concluded that Roe had no motive to fabricate any sexual misconduct by Vengalattore. The Complaint alleged that the investigators disregarded evidence from Dr. Swati Singh and other colleagues or associates of Vengalattore that, inter alia, Roe's work on Vengalattore's projects was viewed as subpar and Roe acknowledged she was having difficulties (see, e.g., Complaint \u00b6\u00b6 203-204, 275, 669(c)(ii)); that Roe was viewed as being less dedicated and hardworking, and far less knowledgeable, than her lab colleagues (see id. \u00b6\u00b6 212-215); and that Roe had made inappropriate ethnic comments to her colleagues, ranting about \u201cIndians\u201d (id. \u00b6\u00b6 259-260). The Report credited testimony by Roe's sister and friend that Roe had told them in 2011 that she was involved with Vengalattore; the investigators found it implausible to suggest that Roe had begun to fabricate a false accusation against him so far in advance of his eligibility to request tenure. The Complaint alleged that the investigators gave inadequate weight to the testimony of witnesses such as \u201cDr. Bhave, Chakram, Patel [sic], Saha and Dr. Singh--who had described Roe as being untrustworthy and not credible, because the investigators perceived that these witnesses were Indian.\u201d (Complaint \u00b6 693(g)(vii).) And while the Report listed some two dozen persons whom the investigators had interviewed, it did not mention that Vengalattore had asked them to interview 10 others (see id. \u00b6 584) whom they did not contact at all. Those 10 included Shaffer-Moag, who had first-hand evidence as to 2/17/25, 12:32 v (2022) | FindLaw 8/33 Roe's own gender bias and who in fact, some two months prior to the investigators\u2019 delivery of their Report, gave such evidence to the tenure appeals committee (see id. \u00b6\u00b6 267-274, 565-566, 569-574). On October 6, 2015, Dean Ritter adopted the Mittman-Affel recommendation and wrote to Vengalattore in part as follows find that a preponderance of evidence supports the claim that you were involved in a sexual relationship with your former graduate student over a period of several months while also serving as her graduate advisor. As a result find that you have violated the university's \u2018Romantic and Sexual Relationships\u2019 policy by engaging in such conduct also find that there is not significant evidence to support the claim that the initial sexual encounter between you and the graduate student involved a sexual assault. \u2024 Given the finding of an inappropriate sexual relationship also find that in your denial of a sexual relationship you have lied to the investigators in this case.\u201d (Complaint \u00b6 622.) The Dean stated that \u201cshe \u2018intend[ed] to impose significant sanctions on\u2019 Dr. Vengalattore,\u201d although those sanctions would be postponed until the conclusion of his tenure appeal. (Id. \u00b6 623.) As indicated in Part I.A. above, the sanction she imposed was a two-week suspension without pay, which Vengalattore served in June 2017. (See id. \u00b6 638.) D. Claims Against the Federal Defendants The Complaint asserted nine claims against the federal defendants, alleging that when Cornell adopted Policy 6.4 in 2012 and eliminated many of the Campus Code's prior procedural protections for disciplinary investigations and proceedings, it did so because of coercion by the DoE. (See Complaint \u00b6\u00b6 130, 133, 135-136, 703-709.) The DoE, charged with implementing and enforcing statutes related to higher education, including Title IX, had issued a series of guidance documents advising schools to \u201cprevent unwelcome sexual advances by faculty toward students\u201d (id. \u00b6 31), and stating that DoE's Office of Civil Rights (\u201cOCR\u201d) would apply a presumption that all sexual contact between faculty and students was nonconsensual (id. \u00b6 33). In 2011 published a \u201cDear Colleague Letter\u201d that, inter alia, \u201cdirected schools to take immediate action to eliminate harassment, prevent its recurrence, and address its effects\u201d (Complaint \u00b6 38 (internal quotation marks omitted).) It required that schools use \u201ca preponderance of the evidence standard of proof\u201d when investigating allegations of sexual misconduct (id. \u00b6 39), and it \u201cstrongly discourage[d] schools from allowing the parties personally to question or cross-examine each other during [a] hearing\u201d (id. \u00b6 46 (internal quotation marks omitted)). The 2011 Dear Colleague Letter also warned that, while will \u201cseek[ ] to obtain voluntary compliance from recipients,\u201d it \u201cmay initiate proceedings to withdraw Federal funding\u201d when \u201ca recipient does not come into compliance voluntarily.\u201d (Id. \u00b6 48 (internal quotation marks omitted).) 2/17/25, 12:32 v (2022) | FindLaw 9/33 In 2014 created a public list of schools that it was investigating for potentially violating \u201ctheir obligation to comply with Title in the implementation of prompt and equitable sexual misconduct grievance procedures.\u201d (Id. \u00b6 61.) \u201cIn May 2015 added Cornell to the list.\u201d (Id. \u00b6 65.) Since then, \u201cCornell has become the target of six more investigations.\u201d (Id. \u00b6 66.) The Complaint alleged that Cornell's elimination of prior due process protections for persons accused of sexual misconduct was the result of coercion by the DoE through inclusion of Cornell on DoE lists of schools viewed as lax in preventing sexual misconduct and through the threat of withdrawing federal funding for Cornell's education programs. (See id. \u00b6\u00b6 703-709; id. \u00b6 709 (\u201cCornell was coerced to deny Plaintiff Dr. Vengalattore due process rights by Defendant [DoE] for fear of being subject to an enforcement action.\u201d).) The Complaint alleged, inter alia, that the coercive nature of DoE's 2011 Dear Colleague Letter and guidance documents (collectively \u201cTitle Guidance\u201d) violated the Spending Clause of the Constitution; and that the guidance had been issued in violation of the notice-and-comment provisions of the and was arbitrary and capricious. E. The Decision of the District Court Vengalattore commenced the present action in 2018, principally asserting that gender bias and national origin bias were motivating factors in the manner in which Cornell conducted its investigation into Roe's allegations, made false findings that he had engaged in a sexual relationship with Roe and lied about it, and, based on those findings, disciplined him. He asserted claims against Cornell under (1) Title IX, which prohibits gender discrimination in an education program that receives federal funds; (2) Title VI, which prohibits discrimination on the basis of national origin by any program or activity receiving federal financial assistance; (3) 42 U.S.C. \u00a7 1983 for denial of his constitutional right to due process; and (4) state law for defamation, alleging that Cornell knowingly communicated false findings to other universities, and requesting as relief, inter alia, a judgment \u201cdeclaring that\u201d his \u201creputation should be restored\u201d (Complaint Prayer for Relief \u00b6 (v)(ii)). Vengalattore also asserted claims against the federal defendants as described in Part I.D. above. Cornell moved for judgment on the pleadings under Fed. R. Civ. P. 12(c) and/or for summary judgment dismissing the claims against it on various grounds. It argued principally that Title does not authorize a private right of action for discrimination in employment, and that in any event, the Complaint was insufficient to state a claim; that the Complaint lacked sufficient allegations of national origin discrimination to state a claim under Title VI; and that the Complaint failed to state a claim under \u00a7 1983 because Cornell is not a state actor. The federal defendants moved under Fed. R. Civ. P. 12(b)(1) and 12(b)(6) to dismiss Vengalattore's claims against them for lack of Article standing or for failure to state a claim. 2/17/25, 12:32 v (2022) | FindLaw 10/33 In a Memorandum-Decision and Order dated May 1, 2020, the district court dismissed the Complaint. See Vengalattore v. Cornell University, 3:18-cv-1124, 2020 2104706 (N.D.N.Y. May 1, 2020) (\u201cDistrict Court Opinion\u201d). First, the court granted the federal defendants\u2019 Rule 12(b)(1) motion to dismiss for lack of standing. Noting that in order to have Article standing, a plaintiff must allege that he suffered an injury that is traceable to conduct of the defendant and that can be redressed by a favorable decision, see District Court Opinion, 2020 2104706, at *3 (citing Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992)), the court found that the Complaint both failed \u201cto plausibly allege any causal connection between [DoE's] Guidance Documents and Vengalattore's injuries,\u201d and failed to show that his injuries would be redressed by a judgment against the federal defendants, District Court Opinion, 2020 2104706, at *4. The district court rejected as purely speculative Vengalattore's suggestions that Cornell would not have found him in violation of the Romantic and Sexual Relationships Between Students and Staff policy absent the DoE Title Guidance documents, or that his reputation would be salvaged by a judgment against the federal defendants. See id. at *4-*5. The district court, without reference to Cornell's answer or to evidence that might support summary judgment, granted the motion to dismiss each of Vengalattore's federal claims against Cornell for failure of the Complaint to state a claim. As to the Title claim of gender discrimination, the court found that Title does not authorize a private right of action for an employee. It noted that although this Court had not addressed the question, \u201c[a]n overwhelming majority of district courts in this Circuit have found that an implied private right of action does not exist[ ] under Title for employees alleging gender discrimination in the terms and conditions of their employment.\u201d District Court Opinion, 2020 2104706, at *5 (internal quotation marks omitted). As to the Title claim, the court found that the Complaint failed to set out facts from which the court could \u201cplausibly infer that the decisionmakers at Cornell intentionally discriminated against [Vengalattore] on the basis of his race in resolving Roe's complaints about him.\u201d Id. at *7. It noted that, of the two references to Vengalattore's national origin cited in the Complaint, one was by Roe and the other was by a member of a faculty committee considering Vengalattore's request for tenure, \u201cneither of whom are alleged to have been decisionmakers in Cornell's resolution of Roe's allegations against Vengalattore.\u201d Id. The court found that even if \u201c[Dean] Ritter, the alleged final decisionmaker, \u2024 was aware of these statements, the court cannot plausibly infer that they were a substantial or motivating factor--or any factor at all--in resolving Roe's complaints against Vengalattore.\u201d Id. The district court dismissed Vengalattore's \u00a7 1983 due process claim that Cornell's investigation and discipline violated his right to due process, concluding the Complaint lacked sufficient factual allegations to show that Cornell, a private institution, was a state actor. See id. at *8. And, having dismissed all of Vengalattore's federal claims, the district court also dismissed his state-law claim for defamation, declining to exercise supplemental jurisdiction over that claim. See id. 2/17/25, 12:32 v (2022) | FindLaw 11/33 This appeal followed On appeal, Vengalattore contends principally that the district court erred (1) in ruling that Title IX, dealing with gender discrimination in education, does not afford a private right of action to a school employee, and (2) in ruling that the Complaint did not allege sufficient facts to state a claim under Title for discrimination on the basis of national origin. He contends that the court erred in dismissing on the pleadings his due process claim against Cornell, arguing that discovery is required in order to determine whether Cornell is a state actor. He challenges the dismissal of his claims against the federal defendants on the ground of lack of Article standing, arguing that the district court misunderstood \u201cthe nature of [his] injuries.\u201d (Vengalattore brief on appeal at 51.) For the reasons that follow, we conclude that Title allows a private right of action for a university's intentional gender-based discrimination against a faculty member and that the Complaint sufficiently stated such a claim; we therefore vacate the dismissal of the Title claim. We affirm the dismissal of his other federal claims. A. Standard of Review as to Sufficiency decision that a statute does not authorize a private right of action is of course a purely legal ruling, which we review de novo. The matter of whether a complaint states a claim on which relief can be granted is likewise a question of law that we consider de novo, whether raised by motion to dismiss under Rule 12(b)(6), see, e.g., Menaker v. Hofstra University, 935 F.3d 20, 29-30 (2d Cir. 2019) (\u201cMenaker\u201d); Doe v. Columbia University, 831 F.3d 46, 53 (2d Cir. 2016) (\u201cDoe v. Columbia\u201d); Littlejohn v. City of New York, 795 F.3d 297, 306 (2d Cir. 2015) (\u201cLittlejohn\u201d); Rothstein v AG, 708 F.3d 82, 90 (2d Cir. 2013) (\u201cRothstein\u201d), or by a motion for judgment on the pleadings pursuant to Rule 12(c), see, e.g., Lively v Investment Advisory Group, Inc., 6 F.4th 293, 301 (2d Cir. 2021); Lynch v. City of New York, 952 F.3d 67, 75 (2d Cir. 2020). To survive such a motion, \u201c \u2018a complaint must contain sufficient factual matter, accepted as true, to \u201cstate a claim to relief that is plausible on its face.\u201d \u2019 \u201d Id. at 74 (quoting Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (\u201cIqbal\u201d) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) (\u201cTwombly 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. [Twombly, 550 U.S.] at 556 [127 S.Ct. 1955]. The plausibility standard is not akin to a \u201cprobability requirement,\u201d but it asks for more than a sheer possibility that a defendant has acted unlawfully. Ibid. Iqbal, 556 U.S. at 678, 129 S.Ct. 1937. Further, we 2/17/25, 12:32 v (2022) | FindLaw 12/33 must consider the complaint in its entirety, as well as other sources courts ordinarily examine when ruling on Rule 12(b)(6) motions to dismiss, in particular, documents incorporated into the complaint by reference, and matters of which a court may take judicial notice. Kaplan v. Lebanese Canadian Bank, SAL, 999 F.3d 842, 854 (2d Cir. 2021) (\u201cKaplan\u201d) (quoting Tellabs, 551 U.S. at 322, 127 S.Ct. 2499) (other internal quotation marks omitted). \u201cThe proper question is whether there is a permissible relevant inference from \u2018all of the facts alleged, taken collectively,\u2019 not whether an inference is permissible based on \u2018any individual allegation, scrutinized in isolation.\u2019 \u201d Kaplan, 999 F.3d at 854 (quoting Tellabs, 551 U.S. at 323, 127 S.Ct. 2499 (emphasis in Tellabs)). \u201cWhen there are well-pleaded factual allegations, a court should assume their veracity and then determine whether they plausibly give rise to an entitlement to relief.\u201d Iqbal, 556 U.S. at 679, 129 S.Ct. 1937. \u201cDetermining whether a complaint states a plausible claim for relief \u2024 [is] a context-specific task that requires the reviewing court to draw on its judicial experience and common sense.\u201d Id. \u201cIf the facts alleged are ambiguous, the applicable substantive law defines the range of inferences that are permissible.\u201d Kaplan, 999 F.3d at 854; see, e.g., Iqbal, 556 U.S. at 675, 129 S.Ct. 1937. B. The Substantive Framework Title IX, enacted as part of the Education Amendments of 1972, 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) (emphasis added). Title IX's prohibition was patterned after that in Title of the Civil Rights Act of 1964, 42 U.S.C. \u00a7 2000d, which provides that [n]o person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 42 U.S.C. \u00a7 2000d (emphases added). While Title VI, applying to \u201cany\u201d program receiving federal financial assistance, specifies race, color, and national origin as prohibited bases for discrimination, and Title IX, dealing with such programs in education specifies only sex as a prohibited basis, the goals of both of those Title and Title prohibitions are to prevent, on any basis specified, discrimination by an entity receiving federal government funding. The provisions are otherwise identical in scope and thrust, and they \u201cuse identical language to describe the benefited class,\u201d i.e., \u201cpersons.\u201d Cannon, 441 U.S. at 695, 99 S.Ct. 1946. Thus, cases brought under Title are generally to be analyzed in the same way as cases under Title VI. See, 2/17/25, 12:32 v (2022) | FindLaw 13/33 e.g., id. at 694-98, 99 S.Ct. 1946; Barnes v. Gorman, 536 U.S. 181, 185, 122 S.Ct. 2097, 153 L.Ed.2d 230 (2002) (the Supreme Court has \u201cinterpreted Title consistently with Title VI\u201d); Zeno v. Pine Plains Central School District, 702 F.3d 655, 665 n.9 (2d Cir. 2012) (\u201cHistorically, the Supreme Court has applied parallel analyses to claims brought under Title and Title VI.\u201d). Further, all of the bases of discrimination prohibited by Title and Title are among the bases of discrimination prohibited in Title of the Civil Rights Act of 1964 (\u201cTitle VII\u201d), as amended, 42 U.S.C. \u00a7 2000e et seq. Title provides that [i]t shall be an unlawful employment practice for an employer \u2024 to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin. 42 U.S.C. \u00a7 2000e-2(a)(1) (emphases added). Thus, with respect to employment issues, Title VII's provisions--which are not limited to federally funded programs but apply generally to employers having 15 or more employees and affecting interstate commerce, see id. \u00a7 2000e(b)--prohibit employers from discriminating on any of the invidious bases specified in Title and Title IX. Because Title VII's discrimination prohibition overlaps Title IX's prohibition against sex discrimination in education programs, and because employment discrimination claims often have much in common with claims under Title IX, we \u201chave \u2024 long interpreted Title \u2018by looking to \u2024 the caselaw interpreting Title VII,\u2019 \u201d Menaker, 935 F.3d at 31; see, e.g., Yusuf v. Vassar College, 35 F.3d 709, 714-15 (2d Cir. 1994) (\u201cYusuf\u201d); see generally Doe v. Columbia, 831 F.3d at 55-56 (\u201cTitle cases provide the proper framework for analyzing Title discrimination claims.\u201d); id. at 55 (citing Yusuf, 35 F.3d at 714; Weinstock v. Columbia University, 224 F.3d 33, 42 n.1 (2d Cir. 2000); Murray v. New York University College of Dentistry, 57 F.3d 243, 248-49 (2d Cir. 1995); Papelino v. Albany College of Pharmacy of Union University, 633 F.3d 81, 89 (2d Cir. 2011)). Accordingly, we have analyzed Title claims under the burden-shifting framework set out in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973)--a Title case. See, e.g., Doe v. Columbia, 831 F.3d at 55-56. Under this analysis, and given the plausibility requirements of Iqbal, in order to survive a Rule 12(b)(6) motion to dismiss a claim under Title IX, a complaint showing that the plaintiff was within the protected class, was qualified for the position, and was subjected to an adverse action, need only \u201calleg[e] facts giving rise to a plausible minimal inference of bias\u201d on the basis of sex. Id. at 48; see id. at 54 (facts even \u201cminimal[ly] \u2024 suggesting an inference that the employer acted with discriminatory motivation\u201d suffice to \u201craise a temporary \u2018presumption\u2019 of discriminatory motivation\u201d (quoting Littlejohn, 795 F.3d at 307)). Given that we apply the same analyses to claims brought under Title and Title VI, this standard for pleading discriminatory intent will govern our consideration of Vengalattore's Title claim as well as his 2/17/25, 12:32 v (2022) | FindLaw 14/33 claim under Title IX. And, recognizing that some facts may give rise to an inference of bias without necessarily revealing its provenance, we consider the two claims individually in assessing the sufficiency of the Complaint to meet the minimal burden of showing plausibility to infer that his treatment by Cornell was motivated by sex, as prohibited by Title IX, and/or by national origin, as prohibited by Title VI. C. Vengalattore's Title Claim It is now well settled that, while Title does not itself provide for a private cause of action to enforce its requirements, a private right of action is implied in a variety of circumstances. In 1979, in Cannon v. University of Chicago, 441 U.S. 677, 99 S.Ct. 1946, the Supreme Court held that a person applying to be a student at a university that receives federal assistance can bring a private action under Title on the ground that the university rejected her application on the basis of her gender. The Court reasoned that (1) \u201cTitle explicitly confers a benefit on persons discriminated against on the basis of sex, and [the applicant] is clearly a member of that class for whose special benefit the statute was enacted\u201d; (2) \u201cCongress intended to create Title remedies comparable to those available under Title and [Congress] understood Title as authorizing an implied private cause of action for victims of the prohibited discrimination\u201d; (3) \u201c[t]he award of individual relief to a private litigant who has prosecuted her own suit is \u2024 fully consistent with--and in some cases even necessary to--the orderly enforcement of the statute\u201d; and (4) \u201cthe subject matter [does not] involve[ ] an area basically of concern to the States.\u201d Id. at 688-709, 99 S.Ct. 1946. The Court therefore concluded that \u201c[n]ot only the words and history of Title IX, but also its subject matter and underlying purposes, counsel implication of a cause of action in favor of private victims of discrimination.\u201d Id. at 709, 99 S.Ct. 1946. In North Haven Board of Education v. Bell, 456 U.S. 512, 102 S.Ct. 1912, 72 L.Ed.2d 299 (1982) (\u201cNorth Haven\u201d), the Court ruled that \u201cemployment discrimination comes within the prohibition of Title IX.\u201d Id. at 530, 102 S.Ct. 1912. In that case, two school boards challenged federal regulations that \u201cprohibit federally funded education programs from discriminating on the basis of gender with respect to employment,\u201d contending that \u201cemployment practices of educational institutions\u201d were not within the intended reach of Title IX. Id. at 514, 517, 102 S.Ct. 1912. The Court rejected that contention, ruling that the United States Department of Education had not erred in interpreting Title IX's \u201cbroad directive that \u2018no person\u2019 may be discriminated against on the basis of gender\u201d to prohibit discrimination in employment. Id. at 520, 102 S.Ct. 1912. The Supreme Court stated that \u00a7 1681(a) which prohibits discrimination against \u201cperson[s],\u201d \u201cappears, on its face, to include employees as well as students,\u201d id.; and the fact that Title does not expressly refer to employees does not indicate that Congress \u201cmeant somehow to limit the expansive language of \u00a7 [1681],\u201d id. at 522, 102 S.Ct. 1912. It noted that prior opinions of the \u201cCourt repeatedly ha[d] recognized that Congress has provided a variety of remedies, at times overlapping, to eradicate employment discrimination.\u201d Id. at 536 n.26, 102 S.Ct. 1912. 2/17/25, 12:32 v (2022) | FindLaw 15/33 In Franklin v. Gwinnett County Public Schools, 503 U.S. 60, 74-75, 112 S.Ct. 1028, 117 L.Ed.2d 208 (1992), the Supreme Court ruled that the implied right of action under Title encompasses claims for monetary damages for intentional violations of Title IX, although not for unintentional violations. See also Gebser v. Lago Vista Independent School District, 524 U.S. 274, 290-91, 118 S.Ct. 1989, 141 L.Ed.2d 277 (1998) (Title IX's private right of action allows suit for a school's deliberate indifference to a teacher's sexual harassment of a student); Davis v. Monroe County Board of Education, 526 U.S. 629, 643, 119 S.Ct. 1661, 143 L.Ed.2d 839 (1999) (Title IX's private right of action allows suit for a school's deliberate indifference to a student's sexual harassment of another student). In Jackson v. Birmingham Board of Education, 544 U.S. 167, 125 S.Ct. 1497, 161 L.Ed.2d 361 (2005), the Supreme Court held that a physical education teacher and coach of the girls\u2019 basketball team had a right to bring suit under Title to claim that he was fired in retaliation for complaining that there was gender discrimination in the school's athletic program. The focus by this time was not on whether or not Title afforded a private right of action to an employee--a right the Jackson Court noted had been established by Cannon more than a quarter-century earlier, see id. at 173, 125 S.Ct. 1497. Rather, the issues were whether retaliation is a form of discrimination prohibited by Title IX, and, if so, whether the private right of action under Title extends to an \u201cindirect victi[m],\u201d i.e., a plaintiff who had complained about gender discrimination but was not the person discriminated against on the basis of gender. Noting that its \u201crepeated holdings constru[ed] \u2018discrimination\u2019 under Title broadly,\u201d id. at 174, 125 S.Ct. 1497; see id. at 174-79, 125 S.Ct. 1497, the Jackson Court held that \u201c[w]here the retaliation occurs because the complainant speaks out about sex discrimination, the \u2018on the basis of sex\u2019 requirement is satisfied. The complainant is himself a victim of discriminatory retaliation, regardless of whether he was the subject of the original complaint,\u201d id. at 179, 125 S.Ct. 1497. Most of our Sister Circuits that have considered the question of whether an employee has an implied private right of action under Title have answered that question in the affirmative and have noted the applicability of Title principles in addressing procedural and overlapping substantive issues. See, e.g., Doe v. Mercy Catholic Medical Center, 850 F.3d 545, 559-65 (3d Cir. 2017) (\u201cMercy\u201d); Ivan v. Kent State University, No. 94-4090, 1996 422496 (6th Cir. July 26, 1996); Preston v. Virginia ex rel. New River Community College, 31 F.3d 203, 206 (4th Cir. 1994); Lipsett v. University of Puerto Rico, 864 F.2d 881, 895-97 (1st Cir. 1988); contra Lakoski v. James, 66 F.3d 751, 758 (5th Cir. 1995) (\u201cWe are not persuaded that Congress offered Title to employees of federally funded educational institutions so as to provide a bypass to Title VII's administrative procedures.\u201d). In Mercy, the most recent of these cases, having the benefit of all of the Supreme Court decisions discussed above, the Third Circuit reversed the ruling of the district court which had concluded that Title could not apply to a hospital's medical residents, as they \u201calready have a degree, don't pay tuition, and are paid for their services and protected by labor laws.\u201d 850 F.3d at 554. The Court of Appeals noted, inter alia, that 2/17/25, 12:32 v (2022) | FindLaw 16/33 [b]ecause \u00a7 1681(a) \u201cneither expressly nor impliedly excludes employees from its reach,\u201d we're to interpret it as \u201ccovering and protecting these \u2018persons,\u2019 \u201d for Congress easily could have substituted \u201c \u2018student\u2019 or \u2018beneficiary\u2019 for the word \u2018person\u2019 if it had wished to restrict\u201d \u00a7 1681(a)'s scope, id. at 562 (quoting North Haven, 456 U.S. at 521, 102 S.Ct. 1912). We agree with Mercy that given the Supreme Court's Title rulings in Cannon and North Haven, we must honor the breadth of Title IX's language. We thus hold that Title allows a private right of action for a university's intentional gender-based discrimination against a faculty member, and that Vengalattore's Title claim should not have been dismissed on the ground that he complained of such discrimination with respect to employment. And as to the issue of whether Vengalattore was subjected to \u201cthe imposition of university discipline\u201d because of his gender, Doe v. Columbia, 831 F.3d at 56, we will hold, in keeping with Iqbal, Menaker, Littlejohn, and Doe v. Columbia, that his pleading is \u201csufficient 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,\u201d Doe v. Columbia, 831 F.3d at 56. In Doe v. Columbia, we vacated the Rule 12(b)(6) dismissal of a student's Title claim that his university had disciplined him as a result of false allegations that he had sexually assaulted a female student. The complaint alleged, inter alia, that Doe informed the investigator that his encounter with the accuser had been consensual and that there were witnesses who could support his claim; that the investigator, in an atmosphere of public pressure on the university to react more swiftly and severely to sexual misconduct claims by females against males, had failed to follow up with regard to Doe's proposed witnesses in any way; and that the university had failed to inform him of many of the rights to which an accused was entitled under university procedures. See 831 F.3d at 49-52. In Menaker, we vacated the Rule 12(b)(6) dismissal of a gender discrimination claim brought under Title by a tennis coach alleging that he had been fired by his former university in response to a female student's baseless accusation of sexual harassment. His complaint, like that in Doe v. Columbia, alleged that his university had faced public and internal criticism for its handling of claims of male sexual misconduct, see Menaker, 935 F.3d at 26 (referring to the \u201cnow-famous \u2018Dear Colleague\u2019 letter to colleges and universities\u201d); that the university had failed to interview relevant witnesses whom he had brought to the investigators\u2019 attention; and that it had disregarded the procedures set out in its own written policies. See id. at 26-29. Our decisions in these two cases make clear that where a complaint claiming gender discrimination in violation of Title or Title alleges (a) that the university \u201cfail[ed] to act in accordance with [u]niversity procedures designed to protect accused students,\u201d (b) that the university \u201cfail[ed] to seek out potential witnesses [whom the accused] had identified as sources of information favorable to [the accused],\u201d (c) that the defendant university had been criticized for not seriously addressing complaints by female students of sexual misconduct by males, and (d) that the university made findings against the accused male that were \u201cincorrect and contrary to the weight of the evidence,\u201d we have found it \u201cplausible that the 2/17/25, 12:32 v (2022) | FindLaw 17/33 university was motivated to \u2018favor the accusing female over the accused male\u2019 in order to demonstrate its commitment to protecting female students from male sexual assailants.\u201d Menaker, 935 F.3d at 31-32 (quoting Doe v. Columbia, 831 F.3d at 57 (other internal quotation marks omitted)). Given that \u201cprocedural irregularity alone\u201d may suggest some form of bias, when there are \u201cclear procedural irregularities in a university's response to allegations of sexual misconduct\u201d we have concluded that \u201ceven minimal evidence of sex-based pressure on the university is sufficient\u201d to permit a plausible inference that the \u201cbias [was] on account of sex.\u201d Menaker, 935 F.3d at 33 & n.48. The facts alleged in the Complaint here, taken as true as they must be in assessing a Rule 12(b)(6) motion, easily meet this plausibility standard with respect to Vengalattore's claim under Title IX. To begin with, as set out in greater detail in Part I.C. above, the procedures followed by Cornell in dealing with Roe's allegations were fundamentally skewed. First, Policy 6.4, adopted by Cornell in 2012, provided explicit time limits for a student's claim of sexual misconduct by a supervisory faculty member; and when the investigators informed Dean Ritter that Roe's claim was time-barred under Policy 6.4, Dean Ritter instructed them to proceed instead under Cornell's Romance Policy. However, the Faculty Handbook placed alleged violations of the Romance Policy exclusively within the jurisdiction of Cornell's Committee on Professional Status, a faculty committee. Mittman, Director of the Office of Workforce Policy and Labor Relations, and Affel, the Title Office coordinator, lacked jurisdiction to investigate Roe's allegations of violation of the Romance Policy. Second, the Faculty Handbook provided that investigations into alleged violations of the Romance Policy \u201c \u2018must comport with the basic precepts of due process.\u2019 (emphasis in original).\u201d (Complaint \u00b6 180.) Instead, the investigators summoned Vengalattore to respond to Roe's allegations on one day's notice, without a written statement of the charges or identification of the complainant; they interviewed him for several hours before they revealed that Roe was accusing him not just of a consensual relationship but also of rape; and when Vengalattore then asked to have assistance of counsel in response to hearing the rape accusation for the first time, they denied his request and continued their questioning. Third, notwithstanding the inapplicability of Policy 6.4, the investigators followed some of its procedures that lessened protections for the person accused. In particular, the investigators, in their Report to Dean Ritter, stated that the preponderance-of-the-evidence standard of proof was to be applied by investigators and the dean, but that neither party has a burden of proof. Further, as described in Part I.C.1., the Complaint alleged that the investigators rejected numerous requests by Vengalattore that they interview certain witnesses or ask certain questions that could have produced information favorable to him. It listed 10 persons whom the investigators did not interview, including Shaffer-Moag who, while the Mittman-Affel investigation was ongoing, gave the University's tenure appeals committee first-hand evidence that Roe had both proclaimed and exhibited bias against 2/17/25, 12:32 v (2022) | FindLaw 18/33 men, evidence the committee cited in its decision favorable to Vengalattore. That evidence was not part of the investigators\u2019 Report. In addition, the investigators declined to explore certain statements Roe made in 2010-2011 about her relationships with other men, which cast doubt on her claim to have been in a sexual relationship with Vengalattore. For example, around the end of December 2010 Roe told a friend that after her relationship with fellow student Mohammad Hamidian ended in November 2010, she attempted to reunite with another former boyfriend (see Complaint \u00b6 249); and she told the investigators that at about that time she had started to see her high school boyfriend on some weekends. The investigators, despite requests by Vengalattore, did not seek further information about such other relationships. (See id. \u00b6\u00b6 356-357, 515, 597.) Similarly, on December 30, 2010, Roe sent an email to Shannon Harvey, a student assistant in Vengalattore's lab from January to August 2010 who had become and remained a close friend of Roe; the investigators interpreted the email as indicating that Roe had just entered into a romantic relationship. But when they interviewed Harvey, they asked no questions relating to that email. (See id. \u00b6\u00b6 492, 592.) The Complaint alleged that instead of asking Harvey whether Roe disclosed with whom she had just become involved--and indeed instead of objectively seeking any information as to the success of Roe's admitted attempts to reunite with past partners--the investigators only \u201casked Dr. Vengalattore who Roe had sex with, if not him\u201d (id. \u00b6 443). Nor did the investigators follow up on evidence they received from Hamidian that more directly cast doubt on Roe's claimed relationship with Vengalattore. Hamidian told them of a conversation he had with Roe in early 2011, noting that it was during the period she claimed to have been in a sexual relationship with Vengalattore. In that conversation, Roe indicated that she had not entered into any new relationship. The investigators neither asked Roe about that conversation nor mentioned this part of their interview of Hamidian in their Report. (See Complaint \u00b6\u00b6 412-416.) The accuracy of the investigators\u2019 recommended finding that Vengalattore had a sexual relationship with Roe--and of Dean Ritter's acceptance of that recommendation--is plausibly called into question not only in light of the investigators\u2019 rejections of Vengalattore's requests to pursue evidence that could have supported his denial of a sexual relationship with Roe, but also in light of rationales proffered by the investigators for certain conclusions. For example, the Report \u201cdetermined that the lack of evidence supporting a year-long romantic relationship actually supported Roe's allegations\u201d that such a relationship existed, reasoning that \u201c \u2018[c]ommon sense experience is that secretive relationships carried out by faculty members and students can be carried out without others, including other students and colleagues, becoming aware.\u2019 \u201d (Complaint \u00b6 616 (quoting Report (emphases ours)).) Although the lack of such evidence could support a claim of secrecy, the lack of evidence that a relationship existed does not support the proposition that it existed. Testimonial evidence on both sides leaves issues of credibility; but the absence of other evidence does not weigh on the existence side of the preponderance scale. 2/17/25, 12:32 v (2022) | FindLaw 19/33 In sum, the Complaint's factual allegations as to Cornell's (a) using parts of a policy that was known to be inapplicable, (b) purporting to use a different policy while disregarding both the entity that had exclusive jurisdiction and that policy's mandate for consistency with due process, (c) avoiding inquiries that might support Vengalattore's denial of a sexual relationship with Roe, and (d) choosing to believe that the very lack of evidence of such a relationship's existence was evidence that it existed, made it plausible that the outcome of the investigation was the result of bias. The allegation that that bias was based on gender is plausible in light of additional factual allegations described in Part I.D. above, including DoE's Title Guidance advising schools to \u201cprevent unwelcome sexual advances by faculty toward students\u201d (Complaint \u00b6 31) and warning that noncompliance could result in loss of federal funding (see id. \u00b6 48); DoE's publication of a list of schools suspected of failing to adopt prompt and equitable sexual misconduct grievance procedures (see id. \u00b6 61); its addition of Cornell to that list (see id. \u00b6 65); and Mittman's statement to \u201cRoe that Cornell was working \u2018very aggressively to address issues of access, prevention and culture change\u2019 \u2018under Title IX.\u2019 \u201d (Id. \u00b6 335.) Given this context, the Complaint plausibly alleged that the bias inferable from the procedural irregularities in the processing of Roe's claims against Vengalattore was bias on the basis of gender. We conclude that Vengalattore's Title claim was not dismissible for failure to state a claim. D. Vengalattore's Title Claim Although the Complaint presented a plausible claim of discrimination on the basis of gender, it did not state sufficient facts to render it plausible that Cornell's disciplining of Vengalattore was also motivated, in violation of Title VI, by the fact that he was Indian. The decisionmaker with regard to both the denial of tenure and the imposition of discipline was Dean Ritter. While at one point the Complaint described Dean Ritter as merely making a \u201crecommendation\u201d that tenure be denied (Complaint \u00b6 337), it plainly characterized her as the person who made the tenure decision (see id. \u00b6 321 (the Physics faculty recommendation that Vengalattore be granted tenure \u201cwas forwarded to Gretchen Ritter, Dean of the College of Arts and Sciences, for her final determination\u201d); id. \u00b6 342 (\u201c[o]n February 13, 2015, Dean Ritter overruled the original faculty vote and denied Dr. Vengalattore's promotion to tenured professor\u201d); id. \u00b6 628 (\u201c[o]n February 16, 2016, Dean Ritter formally overruled this newest recommendation and again denied Dr. Vengalattore tenure\u201d); id. \u00b6 631 (the provost \u201cupheld Dean Ritter's denial of tenure\u201d)). As to discipline, the Complaint likewise alleged that Dean Ritter was the decisionmaker. Thus, in her October 2015 decision finding that Vengalattore had engaged in sexual misconduct and had lied about it, Dean Ritter stated that \u201cshe \u2018intend[ed] to impose significant\u2019 \u201d--albeit delayed--\u201c \u2018sanctions\u2019 \u201d (id. \u00b6 623); in February 2017 she \u201cinform[ed] Dr. Vengalattore \u2024 that \u2018it [wa]s time to follow through o[n] [her] earlier commitment to impose additional sanctions,\u2019 based on her October 6, 2015 findings\u201d (id. \u00b6 637); and ultimately, \u201cDean Ritter imposed [the] sanction\u201d (id. \u00b6 638). 2/17/25, 12:32 v (2022) | FindLaw 20/33 The Complaint did not allege that Dean Ritter harbored any national origin bias. And notwithstanding its reference to two persons who commented on Vengalattore's ethnicity--Roe and Professor Clancy--the Complaint did not plausibly allege that Dean Ritter was influenced by those statements or that the ethnic views of either Roe or Clancy played a meaningful role in her decisions. As to Roe's \u201cinappropriate racial comments\u201d about Vengalattore and some of his assistants as \u201cIndians\u201d (Complaint \u00b6 409), there is no indication that Dean Ritter was aware of them. Though Roe's statements would have occurred in or before 2012, the Complaint alleged that the investigators learned of them when Affel interviewed Vengalattore's lab assistant Patil. Patil was interviewed on March 20, 2015 (see id. \u00b6\u00b6 401, 409); Dean Ritter had \u201cdenied Dr. Vengalattore's promotion to tenured professor\u201d five weeks earlier, \u201c[o]n February 13, 2015\u201d (id. \u00b6 342). And while Dean Ritter had not yet delivered her decision to discipline Vengalattore, the Complaint did not suggest that the investigators, after learning in March 2015 of Roe's racial comments, conveyed that information to Dean Ritter; rather, the Complaint alleged that the investigators \u201c[i]gnor[ed]\u201d that information (id. \u00b6 693(g)(i)). In sum, the Complaint provides no basis for a plausible inference that Roe's supposed bias against Indians would in any way have been a factor in Dean Ritter's decision to discipline Vengalattore. The Complaint also points to the statement of Professor Clancy opposing tenure for Vengalattore and surmising that his harsh treatment of his lab assistants-and their tolerance for abuse--could be ascribed to an \u201cIndian subcontinent \u2024 culture\u201d (id. \u00b6 339). While it is inferable that Professor Clancy's statement was read by Dean Ritter, given that it was part of the committee report, the Complaint provides no support for the argument--advanced in Vengalattore's brief on appeal-that \u201c[t]he fact that Dean Ritter followed the recommendation of Professor Clancy without comment raises at least a \u2018minimal\u2019 inference that she shared Professor Clancy's views about those \u2018from the Indian subcontinent\u2019 \u201d (Vengalattore brief on appeal at 42 (emphases added)). The Complaint itself does not suggest--even on information and belief--that Dean Ritter \u201cfollowed\u201d the recommendation of Professor Clancy, and the factual allegations in the Complaint indicate otherwise. First, Clancy wrote her quoted statement as a member of FACTA, a tenure review committee, and there is no allegation that that committee was also to consider discipline. Second \u201cwas convened\u201d \u201c[f]ollowing Dean Ritter's recommendation\u201d that tenure be denied. (Complaint \u00b6 337 (emphasis added).) Her \u201crecommendation\u201d could not have followed a statement that had not yet been made. As to discipline, although the Complaint contains a conclusory allegation that Clancy wrote her comment \u201cbefore the Policy 6.4 investigation had commenced\u201d (Complaint \u00b6 693(b)), the more detailed allegations in the Complaint belie that sequence as well. Mittman had been contacted about Roe's allegations as early as September 24, 2014 (see id. \u00b6\u00b6 324-326), a date on which Dean Ritter had \u201cformed a faculty committee to make a recommendation regarding a final tenure decision\u201d on the Physics Department's tenure recommendation (id. at 323 (emphasis added); see id. \u00b6\u00b6 320-321). Mittman had a series of communications with Roe (see id. \u00b6\u00b6 327, 332), which he shared with Dean Ritter \u201cpending her review of the tenure recommendation\u201d (id. \u00b6 333 was not the committee formed on September 2/17/25, 12:32 v (2022) | FindLaw 21/33 24, but rather was, as the Complaint emphasized, \u201cyet another faculty committee\u201d (id. \u00b6 337); and, as discussed above was not convened until after Dean Ritter had concluded that tenure should be denied. Thus, Mittman's investigation, with Dean Ritter kept informed before she reached that conclusion, was ongoing before the report--with Clancy's statement--existed. Although the Complaint also repeatedly alleged that \u201cCornell\u201d or the \u201cinvestigators\u201d themselves took, or declined to take, various actions \u201cbecause of\u201d or \u201con the basis of [Vengalattore's] race, color [and/] or national origin\u201d (see, e.g., Complaint \u00b6\u00b6 686, 690, 691, 693(a) and (g)), it ascribed that motivation to them without asserting any facts to show its plausibility. For example, while alleging that the investigators failed to interview 10 persons identified by Vengalattore as having valuable evidence (see id. \u00b6 584), the Complaint does not specify their national origin or suggest that all or even most of them were Indian. The Complaint concedes that the investigators spoke with a number of Indian witnesses; and according to the Mittman-Affel Report's chronological list of the two dozen witnesses interviewed, after the investigators spoke to Professor Patterson, Patil and Chakram were the first witnesses they interviewed. Although the Complaint alleged that the investigators gave \u201cinadequate weight to the testimony of\u201d Patil, Chakram, and three others \u201cbecause the investigators perceived that these witness were Indian,\u201d (Complaint \u00b6 693(g)(vii)), that assertion, absent supporting factual allegations, is speculative and conclusory. Finally, we cannot conclude that Vengalattore's claim of national origin discrimination was made plausible by the allegation that in February 2016 Professor Teukolsky, then-interim chair of the Physics Department, said that the faculty, though believing Roe's accusations to be false and malicious, feared that Twitter would brand them \u201cbullies\u201d if they were to take \u201c \u2018action against a blonde, female student\u2019 \u201d (Complaint \u00b6 630). The Complaint alleged that this conversation occurred in the wake of Dean Ritter's final denial of tenure, because Professor Teukolsky \u201chad been involved in the tenure review process.\u201d (Id. \u00b6\u00b6 628-629.) As indicated above, Vengalattore is not here challenging the denial of tenure; and the Complaint contains no allegation that Teukolsky--or the Physics Department faculty--was involved in determining whether, or to what extent, Vengalattore should be disciplined. In sum, while the Complaint is sufficient to state a plausible claim of discrimination on the basis of gender (see Part II.C. above), its few factual allegations concerning persons of Indian ethnicity fail to reach even the minimal level needed to support a plausible inference that Vengalattore's discipline was also motivated by his national origin. The district court did not err in dismissing, for failure to state a claim, so much of the Complaint as purported to allege discrimination in violation of Title VI. E. Vengalattore's Other Claims Against Cornell The Complaint's other federal claim against Cornell was one for denial of due process, brought under \u00a7 1983. That statute provides, in pertinent part, that 2/17/25, 12:32 v (2022) | FindLaw 22/33 [e]very person who, under color of any statute, ordinance, regulation, custom, or usage, of any State \u2024 subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured \u2024 42 U.S.C. \u00a7 1983 (emphases added). The district court dismissed the due process claim on the ground that the Complaint failed to allege sufficiently that Cornell, a private university, was a state actor. Vengalattore argues that there is state action where \u201cthere is such a close nexus between the State and the challenged action that seemingly private behavior may be fairly treated as that of the State itself,\u201d and that \u201c[w]hether the nexus between the State of New York and Cornell's adoption of Policy 6.4 is sufficiently close to justify deeming the latter \u2018state action\u2019 is a fact-bound issue that can only be determined after discovery.\u201d (Vengalattore brief on appeal at 48 (internal quotation marks omitted).) Vengalattore's argument fails for two reasons. First, the Complaint described \u00a7 1983 as providing a civil right of action to redress constitutional deprivations \u201cunder color of law\u201d (Complaint \u00b6 700), not, as that section provides, under color of the law \u201cof a[ ] State,\u201d 42 U.S.C. \u00a7 1983. While the Complaint alleged that \u201cCornell operates under New York Education Law\u201d (id. \u00b6 702), nowhere did it allege that Cornell, in disciplining Vengalattore, was operating under State law. Instead, the Complaint devoted nearly 200 paragraphs to alleging that Cornell was in fact coerced to adopt Policy 6.4 by the federal government (see, e.g., Complaint \u00b6\u00b6 13-81, 703-710)--not by New York State--and asserting nine causes of action against the federal defendants on that premise (see, e.g., id. \u00b6\u00b6 734-846). For example, having defined the United States Department of Education as \u201cED\u201d (Complaint \u00b6 8), the Complaint alleged: 708. Defendant Cornell was acting at the behest of Defendant when it applied its disciplinary process against [Plaintiff] Dr. Vengalattore. 709. Defendant Cornell was coerced to deny Plaintiff Dr. Vengalattore due process rights by Defendant for fear of being subject to an enforcement action. 710. Defendant Cornell was thus acting under color of law during its investigation and discipline of Plaintiff Dr. Vengalattore. (Complaint \u00b6\u00b6 708-710 (emphases added).) Thus, while the Complaint alleged that Cornell was \u201cacting under law,\u201d that \u201claw\u201d was not once alleged to be State law. Second, if Cornell were in fact sufficiently close to New York State that its conduct should be deemed \u201cthat of the State itself\u201d (Vengalattore brief on appeal at 48 (internal quotation marks omitted)), Vengalattore's due process claim was properly dismissed for failure to state a claim simply because a State, having immunity from suit under the Eleventh Amendment, is not considered to be a \u201cperson\u201d 2/17/25, 12:32 v (2022) | FindLaw 23/33 suable under \u00a7 1983. See, e.g., Howlett v. Rose, 496 U.S. 356, 365, 110 S.Ct. 2430, 110 L.Ed.2d 332 (1990); Will v. Michigan Department of State Police, 491 U.S. 58, 71, 109 S.Ct. 2304, 105 L.Ed.2d 45 (1989). Vengalattore's remaining claim against Cornell, a state-law claim for defamation, was not dismissed for any flaw in the pleading; rather, the district court, having dismissed all of his federal claims, declined as a matter of its discretion to exercise supplemental jurisdiction. Because the dismissal of Vengalattore's claim under Title is being vacated, we also vacate the dismissal of his claim for defamation. F. Lack of Standing for Claims Against the Federal Defendants The district court granted the federal defendants\u2019 motion to dismiss the claims against them for lack of Article standing, finding the Complaint deficient for failure to allege plausibly that there was a causal connection between the DoE guidance and Vengalattore's injuries and that those injuries would be redressable by a judgment against the federal defendants. Vengalattore challenges this ruling, arguing that the court misunderstood the nature of his injuries. To have Article standing, (1) the plaintiff must \u201chave suffered an injury in fact,\u201d (2) there must be \u201ca causal connection between the injury and the conduct complained of,\u201d and (3) it must be \u201clikely, as opposed to merely speculative, that the injury will be redressed by a favorable decision.\u201d Lujan, 504 U.S. at 560-61, 112 S.Ct. 2130 (internal quotation marks omitted). These are the \u201cirreducible constitutional minimum\u201d prerequisites for Article standing, id. at 560, 112 S.Ct. 2130, and their satisfaction \u201cdepends considerably upon whether the plaintiff is himself an object of the [conduct] \u2024 at issue,\u201d id. at 561, 112 S.Ct. 2130. We review a district court's dismissal for lack of standing de novo. See, e.g., Rothstein, 708 F.3d at 90. At the pleading stage a plaintiff must \u201callege facts that affirmatively and plausibly suggest that [he] has standing to sue,\u201d and we assume that all well-pleaded factual allegations in the complaint are true \u201cunless [they are] contradicted by more specific allegations or documentary evidence.\u201d Amidax Trading Group v. S.W.I.F.T. SCRL, 671 F.3d 140, 145 (2d Cir. 2011). In the present case, we conclude that plausible allegations of redressability are lacking. We agree with the district court's conclusion that it is implausible to suggest that a judgment against the federal defendants with regard to the challenged Title guidance would provide Vengalattore with any relief. Vengalattore has already sought in New York Supreme Court--and has been denied--expungement of Cornell's finding that he had engaged in sexual misconduct and lied about it. See Vengalattore v. Cornell University, No. 2016-119 (N.Y. Sup. Ct. Schuyler Co., Decision and Order on Motion, August 21, 2017, at 1- 2) (noting that Vengalattore in his Article 78 proceeding against Cornell requested, inter alia, that Cornell be ordered \u201cto specifically expunge\u201d Dean Ritter's \u201cOctober 6, 2015 finding of misconduct\u201d; concluding that \u201cthere was no ambiguity in\u201d the court's \u201cnot granting that specific request for expungement of the 2/17/25, 12:32 v (2022) | FindLaw 24/33 finding\u201d; and declining to modify the denial of the expungement request). It is entirely speculative to suggest that Cornell, having twice defeated Vengalattore's direct attempts to compel it to expunge the record of his misconduct, would choose to expunge that record--or to undo the discipline imposed-- because of a judgment against the federal defendants. And we think it even less likely that a judgment ruling that the federal defendants violated the Administrative Procedure Act or the Spending Clause of the Constitution would have a material effect on Vengalattore's reputation. While it is certainly possible that reputational injuries could be sufficiently redressable to satisfy this element of Article standing, see Meese v. Keene, 481 U.S. 465, 476-77, 107 S.Ct. 1862, 95 L.Ed.2d 415 (1987); Gully v. National Credit Union Administration Board, 341 F.3d 155, 162-63 (2d Cir. 2003), the DoE guidance challenged by Vengalattore said nothing about his case or the allegations of sexual misconduct raised against him. The suggestion that a judgment ruling that the DoE guidance was issued unlawfully would remove, even partially, the stain on Vengalattore's reputation is far too speculative to support constitutional standing In sum, we conclude that: (1) Title allows a private right of action for a university's intentional gender-based discrimination against a faculty member. (2) The Complaint contains sufficient factual assertions to permit a plausible inference that Vengalattore was disciplined following irregular investigative procedures in circumstances permitting a plausible inference of bias on the basis of gender in violation of Title IX. (3) Vengalattore's Title claim, viewed within the same analytical framework as that applicable to his Title claim, lacks sufficient factual assertions to permit a plausible inference that Vengalattore was disciplined in whole or in part on the basis of his national origin in violation of Title VI. (4) Vengalattore's claim against Cornell for denial of due process was properly dismissed for failure to state a claim under 42 U.S.C. \u00a7 1983. (5) As to allegations that the United States Department of Education and its Secretary issued administrative guidance in violation of the Administrative Procedure Act and the Spending Clause of the Constitution, Vengalattore's claims against the federal defendants were properly dismissed for lack of Article standing. (6) As the dismissal of Vengalattore's Title claim is vacated, the discretionary dismissal of his state- law claim for defamation is likewise vacated. We have considered all of Vengalattore's contentions on this appeal and, except to the extent indicated above, have found them to be without merit. The judgment of the district court is vacated to the extent 2/17/25, 12:32 v (2022) | FindLaw 25/33 that it dismissed the Title claim against Cornell for failure to state a claim and to the extent that the court declined to exercise supplemental jurisdiction over Vengalattore's state-law claim for defamation. The matter is remanded for discovery and such further proceedings as may be appropriate. The judgment is in all other respects affirmed. Each side shall bear its own costs of this appeal concur in the judgment of the Court and in Judge Kearse's comprehensive opinion pause briefly to comment, in my own name, that, as alleged, this case describes deeply troubling aspects of contemporary university procedures to adjudicate complaints under Title and other closely related statutes. In many instances, these procedures signal a retreat from the foundational principle of due process, the erosion of which has been accompanied \u2014 to no one's surprise \u2014 by a decline in modern universities\u2019 protection of the open inquiry and academic freedom that has accounted for the vitality and success of American higher education.1 This growing \u201claw\u201d of university disciplinary procedures, often promulgated in response to the regulatory diktats of government, is controversial and thus far largely beyond the reach of the courts because of, among other things, the presumed absence of \u201cstate action\u201d by so-called private universities. Thus insulated from review, it is no wonder that, in some cases, these procedures have been compared unfavorably to those of the infamous English Star Chamber.2 Vengalattore's allegations, if supported by evidence, provide one such example of the brutish overreach of university administrators at the expense of due process and simple fairness. His allegations, if corroborated, would reveal a grotesque miscarriage of justice at Cornell University. As alleged, Cornell's investigation of Vengalattore denied him access to counsel; failed to provide him with a statement of the nature of the accusations against him; denied him the ability to question witnesses; drew adverse inferences from the absence of evidence; and failed to employ an appropriate burden of proof or standard of evidence. In other cases and other universities the catalogue of offenses can include continuing surveillance and the imposition of double jeopardy for long-ago grievances.3 There is no doubt that allegations of misconduct on university campuses \u2014 sexual or otherwise \u2014 must, of course, be taken seriously; but any actions taken by university officials in response to such allegations must also comport with basic principles of fairness and due process. The day is surely coming \u2014 and none too soon \u2014 when the Supreme Court will be able to assess the various university procedures that undermine the freedom and fairness of the academy in favor of the politics of grievance. In sum: these threats to due process and academic freedom are matters of life and death for our great universities. It is incumbent upon their leaders to reverse the disturbing trend of indifference to these threats, or simple immobilization due to fear of internal constituencies of the \u201cvirtuous\u201d determined to lunge for influence or settle scores against outspoken colleagues. 2/17/25, 12:32 v (2022) | FindLaw 26/33 1. See generally Richard Hofstadter & Walter P. Metzger, The Development of Academic Freedom in the United States (1955); and the related volumes Richard Hofstadter, Academic Freedom in the Age of the College (1961) and Walter P. Metzger, Academic Freedom in the Age of the University (1961). There are, fortunately, some notable exceptions \u2014 principal amongst them the University of Chicago, which in 2015 reaffirmed its \u201ccommitment to a completely free and open discussion of ideas.\u201d The Chicago Principles: Report on the Committee on Freedom of Expression, University of Chicago, available at 2. See American Association of University Professors, The History, Uses, and Abuses of Title (June 2016), at 87, available at 3. Elsewhere have criticized the \u201cspecialized inquisitorial procedures that universities have developed for sexual-misconduct cases.\u201d Jos\u00e9 A. Cabranes, For Freedom of Expression, for Due Process, and for Yale: The Emerging Threat to Academic Freedom at a Great University, 35 Yale L. & Pol'y Rev. 345, 353 (2017). These procedures can deprive the accused of various rights, including the right to a public hearing or the complete record of a private hearing, the right to have counsel speak on the accused's behalf, the right to friendly witnesses, the right to confront and cross-examine adverse witnesses, and the right to the presumption of innocence until proven guilty. Id. at 355; see also Jos\u00e9 A. Cabranes, The New \u2018Surveillance University,\u2019 Washington Post (Jan. 11, 2017) (describing the adoption of university surveillance and reporting regimes which can be used as \u201ctool[s] for policing the teaching and research of the professoriate\u201d). Even short of formal discipline, such lack of due process may inflict reputation harm, particularly where rules of \u201cconfidentiality\u201d make it effectively impossible for an accused to respond publicly to damaging pronouncements by managers of the university grievance system. KEARSE, Circuit Judge: Judge Cabranes concurs in the judgment and opinion of the Court, and files a separate opinion. Was this helpful? Yes No 2/17/25, 12:32 v (2022) | FindLaw 27/33 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 (2022) Docket No: Docket No. 20-1514 Decided: June 02, 2022 Court: United States Court of Appeals, Second Circuit. Need to find an attorney? 2/17/25, 12:32 v (2022) | FindLaw 28/33 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, 12:32 v (2022) | FindLaw 29/33 Get a profile on the #1 online legal directory Harness the power of our directory with your own profile. Select the button below to sign up. Sign up \uf105 Enter your email address to subscribe * Indicates required field Learn more about FindLaw\u2019s newsletters, including our terms of use and privacy policy. Learn About the Law Get help with your legal needs FindLaw\u2019s Learn About the Law features thousands of informational articles to help you understand your options. And if you\u2019re ready to hire an attorney, find one in your area who can help. Get email updates from FindLaw Legal Professionals Email * \uf105 2/17/25, 12:32 v (2022) | FindLaw 30/33 Go to Learn About the Law \uf105 Need to find an attorney? Search our directory by legal issue Enter information in one or both fields (Required) 2/17/25, 12:32 v (2022) | FindLaw 31/33 Find a lawyer Legal issue need help near (city code or country) Bahawalpur, Punjab \uf057 2/17/25, 12:32 v (2022) | FindLaw 32/33 Questions? At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Contact us. Stay up-to-date with how the law affects your life. Sign up for our consumer newsletter \uf105 Our Team Accessibility Contact Us \uf105 By Location By Legal Issue By Lawyer Profiles By Name Legal Forms & Services Learn About the Law State Laws U.S. Caselaw U.S. Codes Copyright \u00a9 2025, FindLaw. All rights reserved. Terms > | Privacy > | Disclaimer > | Cookies > 2/17/25, 12:32 v (2022) | FindLaw 33/33", "8238_108.pdf": "Learn more about REUTERS/Andrew Kelly Purchase Licensing Rights (Reuters federal appeals court on Thursday ruled a former assistant professor of physics can sue Cornell University for gender discrimination over claims it disciplined him following a \"skewed\" investigation into a female student's sexual harassment claims. The New York-based 2nd U.S. Circuit Court of Appeals' revival of Mukund Vengalattore's Title claims came in a case that one judge said was an example of a \"disturbing trend\" of threats to due process for university faculty accused of misconduct. Vengalattore claimed he was denied tenure, disciplined and denied academic appointments at other universities following a \"fundamentally unfair\" disciplinary proceeding stemming from claims by a disgruntled graduate student. She had claimed Vengalattore raped her and later had a secret consensual sexual relationship with him until December 2011. Cornell investigators did not sustain the rape claim but concluded he had an inappropriate sexual relationship with her, an allegation Vengalattore calls false. Summary Law Firms Related Documents 2nd Circuit revives Mukund Vengalattore's gender discrimination case against Cornell Concurring opinion argues Supreme Court should review university discipline procedures Cornell must face ex-professor's lawsuit over 'skewed' sexual harassment probe: court By Nate Raymond June 2, 2022 4:40 \u00b7 Updated 3 years ago My News 2/17/25, 12:33 Cornell must face ex-professor's lawsuit over 'skewed' sexual harassment probe: court | Reuters 1/6 Read Next / Editor's Picks Government Judge extends block on Elon Musk's from accessing Treasury systems February 14, 2025 Business Ben & Jerry's says parent Unilever mandating silence on Trump February 14, 2025 Government Vengalattore, represented by lawyers at the conservative New Civil Liberties Alliance, in 2018 sued Cornell and the U.S. Department of Education, whose guidance he said coerced Cornell into removing key due process protections judge tossed his case in 2020. But the 2nd Circuit found the judge wrongly concluded Title of the Education Amendments of 1972 did not allow employees to pursue private gender discrimination lawsuits, noting five other federal appeals courts have said it does. Senior U.S. Circuit Judge Amalya Lyle Kearse, writing for the three-judge panel, said Vengalattore's allegations regarding the procedures Cornell followed \"easily\" meet the standards for showing Title gender-bias and \"sex-based pressure\" on the university to favor the female accuser. She cited allegations that Cornell investigators gave Vengalattore just one day's notice to respond, imposed no burden of proof on his accuser and rejected his requests to interview certain favorable witnesses. Mark Chenoweth, the NCLA's president and general counsel, in a statement said the court's ruling gives Vengalattore \"the opportunity to expose the extreme lack of due process he suffered at Cornell's hands.\" Cornell and its lawyer, Michael Banks of Morgan Lewis & Bockius, did not respond to requests for comment. U.S. Circuit Judge Jose Cabranes, in a concurring opinion said the \"case describes deeply troubling aspects of contemporary university procedures to adjudicate complaints under Title and other closely related statutes.\" \"The day is surely coming \u2014 and none too soon \u2014 when the Supreme Court will be able to assess the various university procedures that undermine the freedom and fairness of the academy in favor of the politics of grievance,\" he wrote. The case is Vengalattore v. Cornell University, et al, 2nd U.S. Circuit Court of Appeals, No. 20-1514. For Vengalattore: Margaret Little and Richard Samp of New Civil Liberties Alliance For Cornell: Michael Banks of Morgan Lewis & Bockius Get a quick look at the days breaking legal news and analysis from The Afternoon Docket newsletter. Sign up here. Our Standards: The Thomson Reuters Trust Principles. Nate Raymond Thomson Reuters Nate Raymond reports on the federal judiciary and litigation. He can be reached at nate.raymond@thomsonreuters.com. Suggested Topics: Litigation Employment Civil Rights Appellate Purchase Licensing Rights 2/17/25, 12:33 Cornell must face ex-professor's lawsuit over 'skewed' sexual harassment probe: court | Reuters 2/6 Latest Home Authors Topic Sitemap Archive Article Sitemap Media Videos Pictures Graphics Podcasts Browse World Business Markets Sustainability Legal Breakingviews Technology Investigations Sports Science Lifestyle About Reuters judges bar Musk's from Treasury, allow access to health, labor February 15, 2025 Boards, Policy & Regulation Bollywood music labels seek to challenge OpenAI in India copyright lawsuit February 14, 2025 Industry Insight\u200b Legal Prominent California lawyer abused pandemic loan program, prosecutors say David Thomas August 16, 2024 Legal Trump hush money sentencing delayed to September, weeks before election Luc Cohen, Susan Heavey July 2, 2024 Legal Lawyer fired from law firm Husch Blackwell admits to tax crimes David Thomas May 22, 2024 Legal Harvard hires law firm King & Spalding amid House probe Mike Scarcella, David Thomas January 24, 2024 2/17/25, 12:33 Cornell must face ex-professor's lawsuit over 'skewed' sexual harassment probe: court | Reuters 3/6 About Reuters Advertise with Us Careers Reuters News Agency Brand Attribution Guidelines Reuters and Reuters Leadership Reuters Fact Check Reuters Diversity Report Stay Informed Download the App (iOS) Download the App (Android) Newsletters Information you can trust Reuters, the news and media division of Thomson Reuters, is the world\u2019s largest multimedia news provider, reaching billions of people worldwide every day. 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World-Check Screen for heightened risk individual and entities globally to help uncover hidden risks in business relationships and human networks. Thomson Reuters Products Products 2/17/25, 12:33 Cornell must face ex-professor's lawsuit over 'skewed' sexual harassment probe: court | Reuters 4/6 Cookies Terms of Use Privacy Digital Accessibility Corrections Site Feedback \u00a9 2025 Reuters. All rights reserved 2/17/25, 12:33 Cornell must face ex-professor's lawsuit over 'skewed' sexual harassment probe: court | Reuters 5/6 2/17/25, 12:33 Cornell must face ex-professor's lawsuit over 'skewed' sexual harassment probe: court | Reuters 6/6", "8238_109.pdf": "COR\u2026 Search markets +0.09% 44,674.00 ( 500 +0.20% 6,144.00 ( Demands Trial to Prove Ex-Professor\u2019s Case Against Cornell\u2019s Title Kangaroo Court GlobeNewswire (/author/globenewswire) Mar. 14, 2024, 11:25 Washington, D.C., March 14, 2024 NEWSWIRE) -- The New Civil Liberties Alliance has filed a brief opposing summary judgment in its client Dr. Mukund Vengalattore\u2019s lawsuit alleging that Cornell University\u2019s biased and faulty sexual misconduct investigation discriminated against him in violation of Title and defamed him. Dr. Vengalattore was a tenure-track Cornell University physics professor when a former graduate student\u2019s false 2014 sexual misconduct allegation launched an utterly due-process deficient Title investigation that ruined his promising career. Cornell\u2019s scheme was driven in part by the university\u2019s Title office, which succumbed to pressure from the Department of Education (DOE) to rig its investigatory and adjudicatory processes against men accused of sexual misconduct. NCLA\u2019s brief asks the U.S. District Court for the Northern District of New York to reject Cornell\u2019s request for summary judgment and proceed with My Watchlist ( originurl=/news/stocks/ncla-demands-trial-to- prove-ex-professor-s-case-against-cornell-s- title-ix-kangaroo-court-1033164916) 2/17/25, 12:33 Demands Trial to Prove Ex-Professor\u2019s Case Against Cornell\u2019s Title Kangaroo Court | Markets Insider 1/6 trial in Vengalattore v. Cornell, allowing a jury to resolve the case\u2019s many factual disputes and clear Dr. Vengalattore\u2019s good name. Dr. Vengalattore has consistently and specifically denied the suspiciously timed accusation of his former student. Nevertheless, Cornell found him guilty of other conduct that his former student did not even allege in a proceeding that ignored procedural protections in Cornell\u2019s applicable policies, deprived him of due process, disregarded evidence to reach its preferred outcome against the full weight of the evidence, and defamed him. Dr. Vengalattore enlisted NCLA\u2019s help in taking Cornell to court for this injustice. The district court initially dismissed his Title claims, concluding the Title cause of action did not extend to faculty. The U.S. Court of Appeals for the Second Circuit ultimately reversed that ruling, with Judge Jos\u00e9 Cabranes observing in his concurrence: \u201cinsulated from review, it is no wonder that, in some cases, these procedures have been compared unfavorably to those of the infamous English Star Chamber.\u201d Bias drove Cornell\u2019s misconduct in this process, as the university caved to influence. Cornell has admitted that DOE\u2019s 2011 and 2014 guidance, including an infamous \u201cDear Colleague Letter\u201d, was an \u201cinstigating cause\u201d for changing its sexual assault and harassment policies. Courts have previously found that universities that followed the guidance eviscerating commonsense procedural protections violated rather than complied with Title IX. In Dr. Vengalattore\u2019s case, Cornell changed or ignored multiple policies and procedures to placate DOE, ironically leading to the university\u2019s violating Title rather than complying with it. 2/17/25, 12:33 Demands Trial to Prove Ex-Professor\u2019s Case Against Cornell\u2019s Title Kangaroo Court | Markets Insider 2/6 released the following statements: \u201cIt is high time that Cornell faced the consequences for subjecting Dr. Vengalattore to years of fundamentally unfair, secretive, and biased proceedings reminiscent of the infamous English Star Chamber, which ultimately ruined his previously stellar academic career. We welcome the opportunity to prove our case at trial.\u201d \u2014 Casey Norman, Litigation Counsel \u201cCornell dragged Dr. Vengalattore\u2019s reputation as a well- revered atomic physicist through the mud when it threw its Title investigatory policies to the wind and allowed a vindictive student and #metoo University dean to unduly influence the outcome of the investigation. This litigation serves as a warning to all educational institutions that due process is not optional.\u201d \u2014 Kaitlyn Schiraldi, Staff Attorney For more information visit the case pagehereor watch the case videohere is a nonpartisan, nonprofit civil rights group founded by prominent legal scholar Philip Hamburger to protect constitutional freedoms from violations by the Administrative State. NCLA\u2019s public-interest litigation and other pro bono advocacy strive to tame the unlawful power of state and federal agencies and to foster a new civil liberties movement that will help restore Americans\u2019 fundamental rights. ### 2/17/25, 12:33 Demands Trial to Prove Ex-Professor\u2019s Case Against Cornell\u2019s Title Kangaroo Court | Markets Insider 3/6 Markets Insider and Business Insider Editorial Teams were not involved in the creation of this post. 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7,233 | Aruan Ortiz | Berklee College of Music | [
"7233_101.pdf",
"7233_102.pdf"
] | {"7233_101.pdf": "Berklee Student Says Prof Harassed Her / March 30, 2009 Do Not Sell or Share My Personal Information Connect with us on our social channels: \u00a9 2025, Courthouse News Service About Us / Masthead / Advertise / Terms of Use / Privacy Policy / Support student claims Berklee College of Music professor Orlando Aruan Ortiz-Vizcay sexually harassed and battered her, by, among other things, licking her ear. She claims Ortiz came to her apartment at 11 p.m., ostensibly to provide music instruction, but had other things in mind. Categories Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world. enter your e-mail address Additional Reads Contributor-Test-Post- 2025-02-15 February 15, 2025 Contributor-Test-Post- 2025-02-15 February 15, 2025 Contributor-Test-Post- 2025-02-15 February 15, 2025 Contributor-Test-Post- 2025-02-15 February 15, 2025 Subscribe to Closing Arguments Submit Try Litigation Reports or Log in Saturday, February 15, 2025 | Back issues Log in to CasePortal Monday, February 17, 2025 Free Litigation Reports Find Judicial Opinions 2/17/25, 12:33 Berklee Student Says Prof Harassed Her | Courthouse News Service 1/1", "7233_102.pdf": "She woke up naked and unnerved. Her professor, her mentor at Berklee College of Music, was groping her as she tried to push him away while fighting off waves of nausea Berklee College let teachers quietly leave after alleged sexual abuse of students. At least one found another teaching job By Kay Lazar, The Boston Globe November 8, 2017 8 minutes to read Berklee College of Music in Boston. Paul Marotta/Getty Images 2/17/25, 12:33 Berklee College let teachers quietly leave after alleged sexual abuse of students. At least one found another teaching job 1/8 Jeff Galindo, a popular jazz musician and instructor at the school, had walked her home from a party the night before to make sure she arrived safely because she was so drunk. All she wanted was to banish memories of that nightmarish experience in the spring of 2012. But weeks later Galindo, who had been on tour much of the time since that night, begged forgiveness from his student in a series of bizarre texts. \u201cI\u2019m truly sorry for hurting you promise will never again,\u2019\u2019 Galindo said in texts shared with the Globe by the woman, then a junior and one of the few female students in her department. \u201cBy the way, just to let you know, we never [had intercourse],\u2019\u2019 said another text in the mea culpa never got it up was too drunk. It doesn\u2019t excuse anything, but thought I\u2019d let you know what a loser am Globe investigation has uncovered a culture of blatant sexual harassment at Berklee with at least three male professors, including Galindo, allowed to quietly leave since 2008, after students reported being assaulted, groped, or pressured into sex with their teachers, according to court documents and interviews with more than a dozen people. Administrators at the renowned music school tolerated lecherous behavior, former Berklee students and employees said, and often silenced the accusers through financial settlements with gag orders attached. Berklee administrators defended the school\u2019s track record, saying in a statement that Berklee has rigorous policies and procedures to deal with claims of sexual harassment. \u201cAlthough we do not discuss specific matters publicly out of respect for all involved and limitations on what we are legally permitted to share, we take matters that impede the learning or working environment of our students, faculty, and staff seriously and act promptly to address them,\u2019\u2019 the school said. The allegations against the Berklee professors come at a time of heightened attention to sexual harassment following revelations about Hollywood producer Harvey Weinstein, who faces accusations of groping, raping, and harassing women for decades. Since the scandal became public last month, women have felt empowered to speak up about alleged abuse, especially when they believe their abusers remain free to victimize others. The woman who reported being assaulted by Galindo said that when she initially spoke with Berklee administrators in 2012, they discouraged her from pressing forward with a 2/17/25, 12:33 Berklee College let teachers quietly leave after alleged sexual abuse of students. At least one found another teaching job 2/8 court case because, she said, they assured her Galindo would never work at another school. Yet Galindo went on to teach at the New England Conservatory in Boston. The woman, who asked to remain anonymous because she fears professional reprisals, was horrified to discover in 2016 that Galindo was teaching again and notified the conservatory. His contract there was not renewed, according to the school. But he continued working at the Longy School of Music of Bard College in Cambridge until last week, when the woman found out he was employed there, contacted administrators, and the school severed ties with him. Galindo had worked there since 2009. \u201cIf didn\u2019t report him [to other schools], it would be on me if he did this again,\u2019\u2019 the woman said. Still, Galindo has continued teaching. He is listed as a part-time faculty member at the Rivers School, a college prep school in Weston. Christine Martin, a Rivers spokeswoman, said Tuesday that Galindo has been affiliated with the school since 2015, and that he arrived with positive references. She was unable to say who had provided those references. Berklee, in a statement, said one institution requested a reference regarding Galindo and \u201cwe provided the termination letter which included an explicit statement that explained the reasons for his departure from the college Berklee spokesman declined to say when that correspondence happened or which institution requested the information. Galindo did not return calls and text messages from the Globe seeking comment. But another former Berklee professor accused of sexual misconduct, prominent jazz saxophonist Greg Osby, did speak with the Globe woman accused Osby in 2012 of pressuring her to have sex while she was a student at Berklee. The woman, who also asked to remain anonymous, had graduated several years earlier and established a successful music career, but later reported him to Berklee administrators after growing concerned he might still be preying on students could not bear the feeling that had a responsibility to do something about this,\u2019\u2019 said the woman about her decision to finally contact Berklee. 2/17/25, 12:33 Berklee College let teachers quietly leave after alleged sexual abuse of students. At least one found another teaching job 3/8 Osby, in an hourlong interview with the Globe, disputed the woman\u2019s claims. He also said that he received a severance package from Berklee that included a gag order. \u201cOnly an idiot would sleep with students, and am not an idiot,\u2019\u2019 Osby said would not do that. But after they graduate, it\u2019s open season.\u2019\u2019 Osby said Berklee did not give him a chance to defend himself against the claims, but he decided not to contest the charges because he was burned out teaching there. \u201cBottom line is, and this is a bit harsh, if anyone saw my girlfriend at that time and saw [his Berklee accuser] that would probably end the argument,\u2019\u2019 Osby said. \u201cWhy would jeopardize my career for somebody like that?\u2019\u2019 The statement issued by Berklee said the school is committed to a \u201cfair and thorough process for both complainant and respondent,\u2019\u2019 and that not every case leads to a finding. \u201cAs evidenced by our past practices, where an investigation reveals a serious violation of our sexual misconduct policy, we act swiftly and decisively to remove the individuals from our community,\u2019\u2019 Berklee said. Yet a case filed earlier this year with the Massachusetts Commission Against Discrimination, or MCAD, raises questions about Berklee\u2019s commitment to address the issue 2012 Berklee grad who was hired to run the school\u2019s audio production lab, accused a male co-worker of predatory behavior, according to a complaint she filed with in January. She described unwanted sexual advances by her co-worker toward female students in the lab in mid-2015 and then retaliation against her \u2014 leaving condoms in the lab and suggesting sexual liaisons \u2014 when she reported his behavior to their boss. But Berklee administrators waited weeks to act, and then failed to monitor the co- worker, who repeatedly violated an order they issued for him to stay away from her, the complaint states. The woman also accused Berklee of brushing off her concerns about inappropriate sexual behavior by a professor in the school\u2019s music production department last year. She \u201ccontinued to observe and experience a pattern, practice, and pervasive culture of tolerance of sexual harassment at Berklee,\u2019\u2019 according to the complaint. 2/17/25, 12:33 Berklee College let teachers quietly leave after alleged sexual abuse of students. At least one found another teaching job 4/8 Berklee settled the case in April, and that settlement is sealed, too. The woman, and her attorney, North Reading lawyer John W. Davis, declined to comment. The former student who accused Galindo of assaulting her when she was too drunk to fend him off said she worked up the nerve to report him to Berklee administrators about six months later. He was let go shortly after. There was no notice to students, no apology to the woman, and no financial settlement. The woman, who was receiving a partial scholarship, said she was afraid even to apply for additional financial aid from Berklee after she reported the assault because Galindo accused her of concocting the story to gain more scholarship money wanted to be believed so bad,\u2019 the woman said thought if ever said anything about money, no one would ever believe me.\u2019\u2019 Instead, she sought and received private therapy, paid for by Berklee, to help her deal with the trauma. She showed the Globe e-mails from Angela F. F. Davis, then Berklee\u2019s associate dean of students, authorizing these payments. One of her former professors, Tom Plsek, now chair emeritus of the brass department at Berklee, also confirms the woman\u2019s story. \u201cShe confided first in a female faculty member . . . and then found out about it from that female faculty member,\u2019\u2019 Plsek said. Galindo \u201cwas made to take his things and go don\u2019t know the exact process, but he was gone [from Berklee] in a few days.\u2019\u2019 Plsek retired as department chair in 2013 but still teaches a few courses. His wife, Stephany Tiernan, a professor and chair emerita of the school\u2019s piano department, has also borne witness to sexual harassment allegations. In one case, a freshman alleged her keyboarding professor, Aruan Ortiz, decided she needed more help with her technique and phoned her late one evening in February 2008, asking to come over to her apartment and offer instructions. The woman had a friend staying with her and \u201ctherefore felt safe, and otherwise did not wish to refuse assistance from an instructor,\u2019\u2019 so she agreed, according to a 2009 lawsuit filed in District Court in Boston. 2/17/25, 12:33 Berklee College let teachers quietly leave after alleged sexual abuse of students. At least one found another teaching job 5/8 But that instruction quickly turned sour, as soon as the woman\u2019s friend left the room, the suit states, with Ortiz licking the woman, grabbing her, and repeatedly attempting to kiss her. The woman freed herself and ran to her friend in the bathroom. Ortiz then acted as if nothing happened but repeated the behavior as the woman walked him to the door and asked him to leave, according to the lawsuit. She went home to Ohio to tell her parents, but came back a week later only to find a voice message from Ortiz asking her if she was free that evening. That\u2019s when the woman reported his behavior to Berklee administrators. They waited two weeks to start investigating \u2014 and only after two of the woman\u2019s instructors urged them to act, according to the lawsuit. It took another two months for Berklee to hold a meeting with Ortiz and the student to review the allegations. Tiernan, who attended that meeting, according to the lawsuit, declined to comment for this story. In that meeting, Ortiz admitted to grabbing the woman\u2019s face, attempting to kiss her, and blowing in her ear. He claimed \u201cit was simply part of his [Cuban] culture,\u2019\u2019 according to the lawsuit. It would take Berklee another two weeks \u2014 after classes had ended for the semester \u2014 to inform the woman Ortiz would no longer be teaching at Berklee. The lawsuit, which alleged civil rights violations, and assault and battery, was settled in 2010. The woman, citing a gag order on the settlement, declined to comment. So did her Boston attorney, Paul F. Wood. But Woburn attorney David Fried, who initially represented Ortiz in the case, said in a statement to the Globe that a \u201csingle clumsy attempt at a kiss, although certainly improper from a teacher to student, was not \u2018sexual harassment\u2019 within the meaning of any relevant statute.\u2019\u2019 Fried said that Ortiz hired him because Berklee\u2019s insurance company initially declined to represent him. \u201cEventually they stepped up to the plate, probably because they wanted to settle the whole thing, and withdrew in their favor,\u2019\u2019 Fried said. The case was then settled, with terms confidential. The woman who reported Galindo\u2019s alleged assault to Berklee said it took her several years to come to terms with what happened. She is now in her late 20s and a full-time 2/17/25, 12:33 Berklee College let teachers quietly leave after alleged sexual abuse of students. At least one found another teaching job 6/8 musician came to a point where could let this ruin my career or just move on,\u2019\u2019 she said. But there is one constant reminder of that dark experience \u2014 her school loans for tuition at Berklee got [screwed] in every way and will be paying Berklee for the next seven years,\u2019\u2019 she said, but Galindo was allowed to walk away. Most Popular In Related News How much snow did we get? Here are the latest totals. 1 North Shore town weighs new flag policy that would ban Black Lives Matter, Pride flags from schools 2 More than 100 detained immig transferred from New England t Mexico, advocates say 3 2/17/25, 12:33 Berklee College let teachers quietly leave after alleged sexual abuse of students. At least one found another teaching job 7/8 \u00a92025 Newton man charged with \u2018abusive sexual contact\u2019 with minor on flight to Boston Boston judge blocks transfer of trans woman to men's prison Mass. native, Harvard Law grad were among those killed in plane crash Tell Us What You Think 2/17/25, 12:33 Berklee College let teachers quietly leave after alleged sexual abuse of students. At least one found another teaching job 8/8"} |
7,745 | Gary Xu (Xu Gang) | University of Illinois – Urbana-Champaign | [
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] | {"7745_101.pdf": "\uf39e \uf16d\ue61b\ue07b\uf167 Search 2025 \uf164 1 \uf39e \ue61b \uf1a1 \uf0e0 \uf02f Around Campus Campus Life Crime News professor accused of sexual assault for over two decades to resign in August Photo courtesy of Weibo Portrait of Gary Xu. By Jessica Bursztynsky and Karen Liu March 27, 2018 University tenured associate professor Gary Xu has been accused of sexually assaulting students for nearly 20 years. The allegations were first posted on Douban, a Chinese online discussion forum, by a user who was identified as Wesleyan University professor Ao Wang. While the original post did not explicitly name the accused, a later post from the same user disclosed Xu as the professor in question. The original post claims Xu maintained inappropriate relationships with multiple students and had made unwanted advances toward several female colleagues of the accuser over the years. According to the original post, Xu invited a student who was applying to study in the United States to his home in Beijing when he was in charge of admission and \u201cforcibly cuddled\u201d her upon meeting. Get The Daily Illini in your inbox! Enter your email Select a newsletter Ameren proposes $134 million gas rate increase, faces pushback By Riley Shankman, Staff Writer 8th time\u2019s the charm: Illini secure first ranked win in final attempt By Brendan Gallian, Staff Writer Tuesday in Champaign: Skyy Clark returns, Kofi Cockburn to be honored By Sahil Mittal, Senior Sports Reporter Dance for People with Parkinson's has returned to an in-person setting! Experience the fellow- ship of communal dance with\u2026 (Read more 16 \ue809 \ue80a Krannert Center for the Performing Arts Follow \ue802 \ue801 Trending Stories 2025 \uf164 1 \uf39e \ue61b \uf1a1 \uf0e0 \uf02f Select a newsletter Headline News \ud83d\udd14 This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply The original post also said a famous Chinese writer commented on Xu as \u201ca wolf leading a pack of sheep\u201d when he led a group of female students on an exchange trip to Beijing around 2001 to 2002, allegedly referring to Xu\u2019s long- standing reputation. Following the allegations, Xu was removed from his position as the curator of the Shenzhen Biennale, an art exhibition focusing on urbanism and architecture. Xu, a professor in the Department of East Asian Languages and Cultures, has been removed from the University directory. Robin Kaler, University spokeswoman, said Xu is not teaching any courses at the moment, but he will hold his tenured status until his resignation from the University on Aug. 16, in an email. \u201cThe University investigates and takes appropriate action whenever conduct is reported that may jeopardize or impact the safety or security of our students or others,\u201d Kaler said. \u201cWe are precluded, however, from discussing or disclosing the specifics of any such investigations.\u201d In 2015, an anonymous article from a former student at the University, claiming she was in an abusive relationship with her professor, circulated on Weibo, a Chinese social media platform. In the same year, a person filed an order of protection against Xu but the case was later dismissed, according to the Champaign Public Court Records. Additionally, an article in Sixth Tone, a Chinese media site, said a student reported Xu\u2019s misconduct to the University in 2015. The Daily Illini has requested any potential filings through a Freedom of Information Act request. Xu was granted sabbatical leave by the Board of Trustees first semester of 2015 to 2016 with full pay to finish a book project, according to the board\u2019s meeting notes for March 12, 2015. Editor\u2019s note: Gary Xu did not respond to request for comment. Ao Wang did not respond to multiple requests for comment. news@dailyillini.com Correction: The Daily Illini redacted the plaintiff\u2019s name from the court case mentioned Contact Us / Submit a Tip Print Edition Newsletter Sports Newsletter Apply Staff Ethics Code Corrections Policy Archives Terms of Use Donate Advertise Illio Yearbook 107.1 Alumni 2025 \uf164 1 \uf39e \ue61b \uf1a1 \uf0e0 \uf02f ordle | Play today Word Game The Daily Illini \u2022 \u00a9 2025 Illini Media Company \u2022 Privacy Policy Pro WordPress Theme by \u2022 Log in 2025 \uf164 1 \uf39e \ue61b \uf1a1 \uf0e0 \uf02f", "7745_102.pdf": "News Local/State Assaults, Bullying, Rape Lawsuit Against One Professor Claims The University Of Illinois Didn\u2019t Stop Him September 10, 2019 By Rachel Otwell, Mary Hansen and Alex Mierjeski Donate Now 2/17/25, 12:34 Assaults, Bullying, Rape Lawsuit Against One Professor Claims The University Of Illinois Didn\u2019t Stop Him | News Local/State | Ill\u2026 1/9 person walks along a pathway on the University of Illinois Urbana-Champaign campus. Pat Nabong/Special to ProPublica Former University of Illinois at Urbana-Champaign professor Gary Gang Xu assaulted and threatened students while university officials downplayed complaints, a lawsuit says. He ultimately resigned, taking $10,000 as part of his separation agreement. This article was produced in partnership with Illinois, which is a member of the ProPublica Local Reporting Network. Two former students at the University of Illinois at Urbana-Champaign and a professor at another college filed a lawsuit Tuesday against a former professor, claiming he assaulted, bullied and raped multiple students. The lawsuit, filed in federal court in Urbana against Gary Gang Xu, seeks damages for distress from emotional, physical and sexual abuse. The lawsuit claims Xu specifically targeted female Chinese students, who often depended on the university for their visa status. Xu did not immediately respond to requests from Illinois for his reaction to allegations in the lawsuit. He had denied sexual assault claims in reporting by the student newspaper in spring of 2018. Xu was a subject of recent reporting by Illinois and ProPublica detailing gaps in how the University of Illinois\u2019 flagship campus has dealt with 2/17/25, 12:34 Assaults, Bullying, Rape Lawsuit Against One Professor Claims The University Of Illinois Didn\u2019t Stop Him | News Local/State | Ill\u2026 2/9 professors found to have violated its policies after being accused of sexual misconduct. Xu, who was a tenured professor in the Department of East Asian Languages and Cultures, resigned last year, two years after a university investigation found that he violated a no-contact directive involving a student and had an inappropriate relationship with that student. After the finding of misconduct, he was on paid leave, during which he took outside teaching appointments, including in Stockholm . As part of his resignation agreement, he received a $10,000 separation payment. The resignation agreement also included a confidentiality clause stating Xu \u201cshall not disclose the existence or terms\u201d of the agreement to \u201canyone else\u201d including \u201cmembers of the mass media.\u201d The lawsuit claims the university did not adequately respond to what it knew about Xu\u2019s conduct. It asserts that was well aware of allegations against Xu years before it took action. Ann Olivarius, an attorney for the plaintiffs, said the university \u201ccast a blind eye\u201d on Xu\u2019s conduct. \u201cI've spoken to a number of faculty, and they certainly were well aware of the misconduct of Gary Xu over a long period,\u201d Olivarius said. \u201cMany of the faculty said to me that they were very upset that nothing had been done spokesperson for the university said in a statement: \"We are aware of the filing and are reviewing it. We cannot comment on any of its contents at this time.\" The statement also read in part: \u201cThe University investigates and takes appropriate action whenever conduct is reported that may jeopardize or impact the safety or security of our students or others. The current administration is reviewing and revising disciplinary processes to allow us to take quicker and more forceful action when employment misconduct is proven.\u201d The lawsuit focuses on Xu\u2019s relationship with an undergraduate student, Xingjian Sun, who is a named plaintiff. She was a 19-year-old freshman when they met in the spring of 2013. Xu was then 45 and the head of the Department of East Asian Languages and Cultures. He agreed to be Sun\u2019s instructor for an independent study course, and the complaint said their relationship became intimate later that year, first involving kissing in his office. 2/17/25, 12:34 Assaults, Bullying, Rape Lawsuit Against One Professor Claims The University Of Illinois Didn\u2019t Stop Him | News Local/State | Ill\u2026 3/9 The complaint details a two-year, tumultuous relationship, in which Xu allegedly berated Sun and isolated her from her friends, instructing her to keep their relationship a secret. He raped her, beat her and threatened her family, according to the lawsuit. The complaint contends that Xu forced Sun to have an abortion when she became pregnant with his child. Because of this and what she considered ongoing abuse, according to the complaint, Sun became depressed and twice attempted suicide. According to the complaint, Xu beat her on the way to the hospital while she was unconscious from drugs from one suicide attempt. The suit also alleges a brutal beating during a trip to China that required a hospital stay. Xu intimidated Sun into withdrawing three complaints against him she made to the university: \u201cAs is typical of a victim of domestic violence, she dropped these reports shortly after making them to protect her safety \u2014 Xu beat her and threatened to hurt and her family if she did not,\u201d the complaint reads. Their relationship came to an end in 2015, according to the complaint, after Sun filed a petition for a protective order in August in the 6th Judicial Circuit Court of Illinois. This followed what she claimed was another violent episode. Police were called but did not make an arrest. In October 2015, she dropped her petition for a protective order against Xu, according to the lawsuit. The second plaintiff is another former student who said Xu took advantage of her work planning an art exhibit in China. The student claims she did other work that went unpaid and uncredited, and that Xu was also disparaging and \u201covertly sexualiz[ed] her,\u201d attempting to kiss her. The other student, Xing Zhao, said she was used for unpaid labor and that \u201cXu further used the threat of physical force and actual physical confinement to require her to do his bidding.\u201d The complaint alleges that Zhao's experience was not unique and quotes other students, including Grace Chang, a \u201cU.S.-born Chinese woman,\u201d who took classes in the Department of East Asian Languages and Cultures. The complaint claims she witnessed \"professors' exploitation of students labor\" at UIUC. \"The international students at UIUC, particularly the women, are incredibly vulnerable,\u201d Chang said, according to the lawsuit. \u201cThis is particularly acute for the students who rely on financial aid.\u201d 2/17/25, 12:34 Assaults, Bullying, Rape Lawsuit Against One Professor Claims The University Of Illinois Didn\u2019t Stop Him | News Local/State | Ill\u2026 4/9 The third plaintiff is Ao Wang, a professor at Wesleyan University in Connecticut, who \u201cknew of Xu by his poor reputation through academic cirlces,\u201d according to the complaint, and who was friends with a woman Xu had allegedly attempted to rape. Wang had publicized some of these claims on social media and was then sued by Xu in a court in China, a case that is ongoing, according to the complaint. Wang says Xu harassed him and people he knew and made threats, including that he would \u201ckill Wang.\u201d All three plaintiffs are seeking damages. Sun said that she incurred thousands of dollars in medical bills and that her reputation has been irreparably harmed. She needs ongoing mental health care as she suffers from post- traumatic stress disorder, according to the lawsuit. Claims against Xu were first made public through Chinese media in March 2018 and were then reported by The Daily Illini, UIUC\u2019s student newspaper. The university declined to provide records about its investigation of Xu to The Daily Illini and Illinois Public Media under the Freedom of Information Act. The university recently provided its heavily redacted investigative report and Xu\u2019s response to Illinois. It concluded that Xu had an intimate relationship with Sun and that he violated the student code. In Xu\u2019s response , he called the report \u201cfull of factual mistakes, logical inconsistencies and fallacies.\u201d The lawsuit outlined several ways in which the plaintiffs say the university did not take the complaints against Xu seriously enough. The complaint claims that Sun shared photos of her injuries on the university\u2019s official page on Weibo, a Chinese social media site, after she says Xu beat her while in China. The university also knew that Xu had violated a no-contact directive, but he faced no immediate consequences, the lawsuit says. \u201cXu abused this power; the University let him,\u201d the suit reads. Unlike many other universities allows faculty-student relationships, though it stipulates that an individual can\u2019t participate in educational or institutional decisions for a person with whom he or she has had a sexual relationship university task force is reexamining the policy after public scrutiny last fall over the university\u2019s handling of misconduct claims against professors. 2/17/25, 12:34 Assaults, Bullying, Rape Lawsuit Against One Professor Claims The University Of Illinois Didn\u2019t Stop Him | News Local/State | Ill\u2026 5/9 Links Lawmakers and Students Say Professors Who Sexually Harass Should Face Stronger Consequences At the University of Illinois at Urbana-Champaign, Preserving the Reputations of Sexual Harassers One Campus. Seven Professors Facing Harassment Accusations. Few Consequences. Researcher: Sexual Harassment Just The \u2018Tip Of The Iceberg Of Law Students Demand Resignation Of Professor Accused Of Sexual Harassment Of Law Professor Accused Of Sexual Harassment, Found In Violation Of Campus Code Of Conduct Lawsuit of Retaliated Over Sex Harassment Claims sexual misconduct gary xu gary gang xu campus complicity university of illinois propublica Illinois Public Media Campbell Hall 300 N. Goodwin Urbana 61801 217-333-7300 willamfm@illinois.edu Location & Map College of Media facebookinstagramyoutube 2/17/25, 12:34 Assaults, Bullying, Rape Lawsuit Against One Professor Claims The University Of Illinois Didn\u2019t Stop Him | News Local/State | Ill\u2026 6/9 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. 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Ins. Co. v. Gary Gang Xu Illinois Appellate Court, Fifth District Mar 4, 2024 2024 Ill. App. 5th 220287 (Ill. App. Ct. 2024) Copy Citation Download Check Treatment Delegate legal research to CoCounsel, your new legal assistant. Try CoCounsel free 5-22-0287 03-04-2024 COMPANY, Plaintiff-Appellee, v ZHAO, and WANG, Defendants Gary Gang Xu, Defendant-Appellant Sign In Search all cases and statutes... Opinion Case details 2/17/25, 12:34 Country Mut. Ins. Co. v. Gary Gang Xu, 2024 Ill. App. 5th 220287 | Casetext Search + Citator 1/14 This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1). Appeal from the Circuit Court of Champaign County. No. 20-MR-89 Honorable Jason M. Bohm, Judge, presiding delivered the judgment of the court. Presiding Justice Vaughan and Justice McHaney concurred in the judgment \u00b6 1 Held: The trial court did not err in granting summary judgment in favor of the insurer on its complaint for a declaratory judgment that it had no duty to defend or indemnify its insured because the acts alleged in the underlying complaint did not fall within or potentially within coverage or were subject to a policy exclusion, and the trial court's judgment is affirmed. \u00b6 2 The plaintiff, Country Mutual Insurance Company (Country Mutual), filed a complaint seeking a declaratory judgment that it had no duty to defend or indemnify the defendant, Gary Gang Xu (Xu), against an underlying tort action under a homeowners insurance policy and a personal umbrella liability policy issued to Xu by Country Mutual. The trial court denied Xu's motion for judgment on the pleadings and subsequently granted summary judgment in favor of Country Mutual. The court found that Country Mutual had no duty to defend Xu because the *2 factual allegations in the underlying complaint did not fall within or potentially within the coverage of either policy or were excluded from coverage. On appeal, Xu contends that the trial court erred in finding that Country Mutual had no duty to defend him where one count of the underlying complaint alleged acts of negligence that fell within or potentially within the coverage of the personal umbrella liability policy. For the reasons that follow, we affirm. 2 \u00b6 3 \u00b6 4 The Underlying Action 2/17/25, 12:34 Country Mut. Ins. Co. v. Gary Gang Xu, 2024 Ill. App. 5th 220287 | Casetext Search + Citator 2/14 \u00b6 5 On September 10, 2019, Xingjian Sun, Xing Zhao, and Ao Wang (collectively, the plaintiffs) filed a 10-count complaint against Xu in the United States District Court for the Central District of Illinois. The 87-page complaint contained a detailed recitation of the factual allegations and theories of liability against Xu. According to the general allegations of the complaint, Xu was a tenured associate professor at the University of Illinois at Urbana-Champaign (University) from 2006 through 2018. Sun attended the University from 2012 through 2016. She was a student of Xu during that time. Zhao attended the University from 2013 through 2015. She was a graduate student and advisee of Xu. According to the complaint, Xu used his power and authority as a university professor to sexually harass, sexually assault, and exploit female students and colleagues. \u00b6 6 The complaint included specific allegations as to Sun. In the fall of 2013, Sun, then 19 years old, entered into a sexual relationship with Xu, who was 45 years old and Sun's professor. The plaintiffs alleged that during the two- year period from 2013-2015, Xu physically assaulted and raped Sun, forced her to get an abortion after she became pregnant with his child, and attempted to hit her with his car. The plaintiffs also alleged that Xu allegedly tried \"to pimp\" Sun out to Chinese artists for financial gain. *3 3 \u00b6 7 The complaint also included specific allegations as to Zhao. According to those allegations, Xu made sexual overtures toward Zhao while he was her academic advisor. When Zhao rejected those advances, Xu belittled and sexually harassed her. The plaintiffs further alleged that Xu required Zhao to engage in countless hours of work, completing projects involving translation and graphic design, without any compensation, while Xu received credit and financial profit for Zhao's work. \u00b6 8 The plaintiffs claimed that Xu violated federal laws prohibiting sex trafficking (count I), forced labor (count II), forced sexual labor (count III), and forced trafficking into servitude (count IV), and Illinois laws prohibiting acts of gender violence (count V), involuntary servitude (counts &VII), and trafficking in persons (count VIII). They claimed that Sun and Zhao were entitled to civil damages for Xu's wrongful conduct under the federal Trafficking Victims Protection Act of 2017 (18 U.S.C. \u00a7 1595 (2018)), the Illinois Gender Violence Act (740 82/10, 15 (West 2018)), and the 1 2/17/25, 12:34 Country Mut. Ins. Co. v. Gary Gang Xu, 2024 Ill. App. 5th 220287 | Casetext Search + Citator 3/14 Illinois Trafficking Victims Protection Act (740 128/15, 20 (West 2018)). 1 The plaintiffs alleged violations of several provisions of the federal Trafficking Victims Protection Act of 2017 (18 U.S.C. \u00a7\u00a7 1589, 1590, 1591 (2018)), the Illinois Gender Violence Act (740 82/5 (West 2018)), and the Illinois Trafficking Victims Protection Act (740 128/1 et seq. (West 2018)). \u00b6 9 The final two counts of the complaint were brought on behalf of Ao Wang. Wang was not affiliated with the University. He was an associate professor at Wesleyan University in Middletown, Connecticut. The counts on behalf of Wang were based upon theories of intentional infliction of emotional distress (count IX) and negligent infliction of emotional distress (count X). The plaintiffs alleged that Wang only knew Xu casually, and that Wang learned about Xu's abusive relationships with female students through Wang's friend, whom Xu had also attempted to rape. Wang received further confirmation of Xu's behavior through other colleagues and social media posts. Wang became concerned that Xu would continue to harm students. In March 2018, Wang *4 posted an online article about Xu's history of sexually harassing and abusing female students and colleagues. The plaintiffs alleged that Xu was infuriated by Wang's post and began to retaliate. Xu allegedly engaged in threats of violence and bullying to coerce Wang's silence. 4 \u00b6 10 In the claim for intentional infliction of emotional distress (count IX), the plaintiffs alleged in part: \"253. Xu engaged in extreme and outrageous conduct toward Wang with his systematic campaign of threatening and bullying [Wang] to force into dropping his truthful claims against Xu. He, individually and through his agents, issued a death threat against Wang. Wang, well aware of Xu's violent tendencies, was terrified for the safety of his family. Xu tarnished Wang's reputation by undermining his academic accomplishments and harassing his colleagues and contemporaries. He attempted to bribe [Wang] into dropping his allegations in exchange for lucrative compensation at an upcoming art festival. When Wang still refused, [Xu] instituted a baseless and 2/17/25, 12:34 Country Mut. Ins. Co. v. Gary Gang Xu, 2024 Ill. App. 5th 220287 | Casetext Search + Citator 4/14 extended lawsuit against [Wang], at great personal and emotional cost to Wang and his family. 254. Xu engaged in this behavior knowingly, with the clear intent of causing Wang great emotional distress so that he would retract his true claims regarding Xu's sexual assaults of young women.\" The plaintiffs further alleged that as a direct and proximate result of Xu's conduct, Wang endured severe emotional distress, including anxiety and physical symptoms of chest pain that required hospital care. \u00b6 11 In the claim for negligent infliction of emotional distress (count X), the plaintiffs realleged and incorporated all of the preceding allegations of the complaint \"as though fully stated herein.\" *5 The plaintiffs also alleged that Xu owed Wang a duty of ordinary care \"to guard against injuries which flow as a reasonably probable and foreseeable consequence of an act,\" and that, 5 \"260. Xu breached this duty with his extreme and outrageous behavior as outlined above, including by issuing death threats, attempting to bribe [Wang], bringing a baseless lawsuit, and threatening [Wang's] reputation and standing in the community.\" Wang claimed he suffered \"physical and emotional harm, medical bills, and reputational harm\" as a result of the breach. \u00b6 12 The Declaratory Judgment Action \u00b6 13 When the underlying lawsuit was filed in September 2019, Xu had a homeowners insurance policy and a personal umbrella liability policy with Country Mutual. Xu tendered his defense of that lawsuit to Country Mutual. \u00b6 14 On January 29, 2020, Country Mutual filed a complaint against Xu, seeking a declaratory judgment that it had no duty to defend or indemnify Xu in the underlying tort action under either the homeowners policy or the personal umbrella policy. Country Mutual claimed that the underlying complaint alleged only intentional and outrageous conduct by Xu, and that such conduct was not covered under either policy. In addition, Country Mutual alleged that each policy excluded coverage for the following types of claims: bodily injury that was \"expected or intended\" by an insured, bodily 2 2/17/25, 12:34 Country Mut. Ins. Co. v. Gary Gang Xu, 2024 Ill. App. 5th 220287 | Casetext Search + Citator 5/14 injury and personal injury arising from sexual abuse and mental abuse, and bodily injury and personal injury arising out of business pursuits. The underlying complaint and the applicable insurance policies were appended to the complaint. In this appeal, Xu only claims coverage under the personal umbrella liability policy, and so the factual summary is focused on the applicable provisions of the umbrella policy. *6 6 2 Sun, Zhao, and Wang were named as codefendants in Country Mutual's complaint. \u00b6 15 The Country Mutual Personal Umbrella Liability Insurance Policy contained provisions setting forth the terms of coverage in section I, and the exclusions from coverage in section A. Coverage We will pay on behalf of an insured, for ultimate net loss, in excess of the retained limit (or self insured amount, whichever applies), which an insured is legally obligated to pay, because of bodily injury, personal injury or property damage. The harm or damage must be caused by an occurrence, happening anywhere in the world, during the policy period This policy does not apply to: * * * B. Bodily injury or property damage expected or intended by an insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property; * * * E. Bodily injury, personal injury or property damage arising out of a: 2/17/25, 12:34 Country Mut. Ins. Co. v. Gary Gang Xu, 2024 Ill. App. 5th 220287 | Casetext Search + Citator 6/14 *7 1. Business pursuit of an insured; or 2. Business property owned by, rented to, or controlled by an insured, except bodily injury, personal injury or property damage to which underlying insurance applies.\" In an Illinois Amendatory Endorsement, the sexual misconduct exclusion was deleted from the original policy and replaced by the following: \"M. An insured who inflicts, or directs another person to inflict, upon any persons, sexual misconduct, sexual molestation, corporal punishment or physical or mental abuse that results in bodily injury, personal injury, or property damage.\" 7 \u00b6 16 The policy provided specific definitions for words and phrases appearing in boldface type, including the following: \"Bodily injury: physical harm to a person, including sickness or disease, and any required care, loss of services, or death resulting from the physical harm. * * * Occurrence: an accident, including continued exposure to conditions that result in bodily injury or property damage. Occurrence also means an act that results in one of the offenses listed in the definition of personal injury. All exposure to the same general conditions existing at or starting from one source will be deemed one occurrence. Personal injury: a. False arrest, false imprisonment, wrongful eviction, wrongful detention, or malicious prosecution; and b. Libel, slander, defamation of character or invasion of rights of privacy.\" \u00b6 17 On November 5, 2020, Xu filed a motion for judgment on the pleadings. Xu claimed that Country Mutual had a duty to defend him in the underlying 2/17/25, 12:34 Country Mut. Ins. Co. v. Gary Gang Xu, 2024 Ill. App. 5th 220287 | Casetext Search + Citator 7/14 suit because count of the underlying complaint alleged negligent infliction of emotional distress and was, therefore, a claim within or potentially within the coverage of his homeowners policy and his umbrella policy. \u00b6 18 Country Mutual filed a response in opposition to Xu's motion for judgment on the pleadings. Country Mutual initially noted that Xu did not dispute Country Mutual's claim that it owed no duty to defend Xu against the allegations of sexual abuse and other intentional conduct made by Sun and Zhao. Country Mutual challenged Xu's claim that it had a duty to defend based solely on the claim for negligent infliction of emotional distress in count of the underlying complaint. Country Mutual argued that count did not allege an occurrence as defined in its policies. Instead, count alleged that Xu breached his duty to Wang by engaging in \"extreme and outrageous\" behaviors, including death threats, attempted bribes, a baseless lawsuit, and threats to *8 Wang's reputation and standing in the community. Country Mutual also argued that the intentional acts alleged in the underlying complaint were subject to several policy exclusions. 8 \u00b6 19 Xu's motion for judgment on the pleadings was called for hearing on January 14, 2021. After considering the pleadings and arguments of counsel, the trial court denied Xu's motion, concluding that it could not find as a matter of law that the allegations in the underlying complaint fell within the coverage of either policy. \u00b6 20 On November 19, 2021, Country Mutual filed two separate motions for summary judgment. In one motion, Country Mutual argued that the claims made on behalf of Sun and Zhao in the underlying complaint alleged intentional violations of criminal statutes and extreme, outrageous, and intentional conduct, and that such conduct was not covered under its homeowners and umbrella policies or was subject to policy exclusions. \u00b6 21 In the other motion for summary judgment, Country Mutual claimed that Wang's claims for intentional infliction of emotional distress (count IX) and for negligent infliction of emotional distress (count X) were legally and factually indistinguishable; that each count alleged extreme, outrageous, or intentional conduct; and that such conduct was not covered under its homeowners and umbrella policies. Country Mutual also argued that there 2/17/25, 12:34 Country Mut. Ins. Co. v. Gary Gang Xu, 2024 Ill. App. 5th 220287 | Casetext Search + Citator 8/14 were no allegations that Xu had any physical contact with Wang or that Xu inflicted any physical injury on Wang, and so there were no allegations of \"bodily injury\" caused by an occurrence. Finally, Country Mutual argued that its policies excluded coverage for bodily injury expected or intended by the insured, bodily injury or personal injury arising out of the physical and mental abuse inflicted by the insured, and bodily injury or personal injury arising out of the insured's employment or business pursuits. \u00b6 22 In response, Xu argued that the complaint contained a count alleging negligent infliction of emotional distress, and that those allegations were sufficient to show that Country Mutual had *9 a duty to defend him on the entire action. In reply, Country Mutual argued that Xu had essentially conceded that there was no coverage for the intentional acts alleged in counts through of the underlying complaint. Country Mutual also argued that while count was labeled \"negligent infliction of emotional distress,\" it alleged only intentional conduct that was not covered under either policy. 9 \u00b6 23 Following a hearing on April 21, 2022, the trial court granted Country Mutual's motions for summary judgment. In its oral ruling, the court initially found, consistent with the parties' arguments, that there was no basis to find that the claims alleged in counts through of the underlying complaint fell or potentially fell within the coverage of the homeowners policy or the umbrella policy. The court next found that the allegations in count alleged extremely outrageous, intentional conduct by Xu, and that when those allegations were considered in context and liberally construed, there was no credible basis to conclude that the alleged conduct was negligent, accidental, and not intended. The court concluded that Country Mutual had no duty to defend Xu in the underlying tort action under either policy. This appeal followed. \u00b6 24 \u00b6 25 On appeal, Xu contends that the trial court erred when it denied his motion for judgment on the pleadings and when it granted summary judgment in favor of Country Mutual. Xu claims that Country Mutual has a duty to defend him in the underlying tort action because Wang's claim for 2/17/25, 12:34 Country Mut. Ins. Co. v. Gary Gang Xu, 2024 Ill. App. 5th 220287 | Casetext Search + Citator 9/14 negligent infliction of emotional distress fell within the coverage of the personal umbrella policy issued by Country Mutual. \u00b6 26 Summary judgment is appropriate when the pleadings, together with the affidavits, depositions, and admissions on file, demonstrate 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. 735 5/2-1005(c) *10 (West 2020 circuit court's ruling on summary judgment is reviewed de novo. Outboard Marine Corp. v. Liberty Mutual Insurance Co., 154 Ill.2d 90, 102 (1992 motion for judgment on the pleadings, like a motion for summary judgment, is limited to the pleadings. Pekin Insurance Co. v. Wilson, 237 Ill.2d 446, 455 (2010 judgment on the pleadings is properly granted if the pleadings disclose that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law. Wilson, 237 Ill.2d at 455 court's decision to grant or deny a motion for judgment on the pleadings is reviewed de novo. Wilson, 237 Ill.2d at 455. 10 \u00b6 27 When interpreting an insurance policy, the court's primary objective is to ascertain and enforce the intentions of the parties as expressed in the agreement. Outboard Marine, 154 Ill.2d at 108. The parties' intent is ascertained by construing the policy as a whole, considering the type of insurance and the risks undertaken, the subject matter that is insured, and the purposes of the entire contract. Outboard Marine, 154 Ill.2d at 108. The interpretation of the provisions in an insurance policy presents a question of law that is reviewed de novo. Outboard Marine, 154 Ill.2d at 108. \u00b6 28 To determine whether an insurer has a duty to defend its insured in a lawsuit, a court ordinarily considers the allegations in the underlying complaint and compares those allegations to the relevant provisions of the insurance policy. Wilson, 237 Ill.2d at 455; Outboard Marine, 154 Ill.2d at 107- 08. If the underlying complaint alleges facts within or potentially within the coverage of the policy, the insurer is obliged to defend. Wilson, 237 Ill.2d at 455. Conversely, if the underlying complaint alleges facts that, if true, would not be covered under the policy, the insurer has no duty to defend. Pekin Insurance Co. v. Dial, 355 Ill.App.3d 516, 520 (2005). If several theories of recovery are alleged in the underlying complaint against the insured, the insurer's duty to defend arises even if only one of several theories of 2/17/25, 12:34 Country Mut. Ins. Co. v. Gary Gang Xu, 2024 Ill. App. 5th 220287 | Casetext Search + Citator 10/14 recovery is potentially within the coverage. *11 Maryland Casualty Co. v. Peppers, 64 Ill.2d 187, 194 (1976). The factual allegations of the complaint, rather than the legal theory or label under which the claim is brought, determine whether there is a duty to defend. See Steadfast Insurance Co. v. Caremark Rx, Inc., 359 Ill.App.3d 749, 755-56 (2005) (citing Lexmark International, Inc. v. Transportation Insurance Co., 357 Ill.App.3d 128, 136-37 (2001)). 11 \u00b6 29 The insured has the initial burden to demonstrate that a claim is within the coverage of a policy. Addison Insurance Co. v. Fay, 232 Ill.2d 446, 453 (2009). If the insured demonstrates that there is coverage, the burden shifts to the insurer to prove that a limitation or exception applies. Fay, 232 Ill.2d 453-54. \u00b6 30 On appeal, Xu relies solely on the \"negligence allegations\" in count of the underlying complaint to establish coverage under his personal umbrella policy. In count X, Wang realleged and incorporated all of the preceding allegations in the complaint \"as though fully stated herein.\" In the underlying complaint, the plaintiffs alleged that Xu sexually assaulted and harassed his female students, exploited their labor, and committed acts of gender violence in violation of federal laws and Illinois laws. In the claim for intentional infliction of emotional distress (count IX), the plaintiffs alleged that Xu engaged in with a systematic campaign of threats and bullying to force Wang to retract his truthful claims against Xu and that Xu engaged in this behavior \"knowingly\" and \"with the clear intent to cause Wang great emotional distress.\" The plaintiffs further alleged that Wang endured severe emotional distress, including anxiety and physical symptoms of chest pain that required hospital care, as a direct and proximate result of Xu's conduct. In count X, the plaintiffs alleged that Xu breached his duty of ordinary care to Wang \"with his extreme and outrageous behavior as outlined above, including by issuing death threats, attempting to bribe *12 [Wang], bringing a baseless lawsuit, and threatening [Wang's] reputation and standing in the community.\" 12 \u00b6 31 After reviewing the complaint, we find no significant distinction between the conduct alleged in count and the conduct alleged in count X. Although count is couched in terms associated with negligence, it is based 2/17/25, 12:34 Country Mut. Ins. Co. v. Gary Gang Xu, 2024 Ill. App. 5th 220287 | Casetext Search + Citator 11/14 on intentional conduct, rather than negligent, accidental, or unintended conduct. The emotional distress arose out of intentional acts allegedly committed by Xu. To determine whether the complaint alleged an accident, a court looks to the factual allegations rather than the legal theory asserted. See, e.g., State Farm Fire &Casualty Co. v. Young, 2012 App (1st) 103736, \u00b6 31; Dial, 355 Ill.App.3d at 522; State Farm Fire &Casualty Co. v. Watters, 268 Ill.App.3d 501, 510 (1994). The underlying allegations describe intentional retaliation and threats to physically harm Wang and to harm his reputation, and those allegations control over the labeled theory of liability. Therefore, we do not find that the allegations in the count for negligent infliction of emotional harm triggered coverage under the personal umbrella policy. \u00b6 32 The personal umbrella policy at issue insured against losses caused by an \"occurrence.\" The policy defined \"occurrence\" as \"an accident, including continued exposure to conditions that result in bodily injury or property damage.\" The term \"accident\" was not defined in the policy, but Illinois courts have noted that an accident is\" 'an unforeseen occurrence, usually *** an undesigned sudden or unexpected event of an inflictive or unfortunate character'\" (Young, 2012 App (1st) 103736, \u00b6\u00b6 25-26 (quoting Aetna Casualty &Surety Co. v. Freyer, 89 Ill.App.3d 617, 619 (1980))). Count of the underlying complaint alleged that Xu's acts were willful, intentional, and retaliatory, and done with the \"clear intent to cause Wang great emotional distress.\" This type of conduct cannot be considered to be accidental. In addition, the plaintiffs did not allege that Xu physically inflicted a \"bodily injury\" on Wang as defined in the policy. Even if *13 the allegations of severe emotional distress potentially fit within the definition of \"bodily injury,\" the policy excludes coverage for bodily injury \"expected or intended\" by the insured. Here, the complaint alleges that Xu engaged in intentional conduct with the intent to cause emotional distress. Thus, the \"injury\" to Wang would have been reasonably expected or intended, and therefore, excluded from coverage. 13 \u00b6 33 The policy also defines \"occurrence\" as \"an act that results in one of the offenses listed in the definition of personal injury.\" The offenses listed in the definition of \"personal injury\" include libel, slander, and defamation of character. Xu contends that the allegation that he threatened to harm Wang's reputation was sufficient to establish coverage under the second 2/17/25, 12:34 Country Mut. Ins. Co. v. Gary Gang Xu, 2024 Ill. App. 5th 220287 | Casetext Search + Citator 12/14 definition of occurrence, but he cites no case law to support his argument. Nor has he identified factual allegations in count that would establish the elements of defamation. Thus, Xu failed to meet his burden to demonstrate that the underlying complaint alleged facts that would constitute an occurrence as defined in the policy. \u00b6 34 Count of the underlying complaint alleged that Xu's acts were willful, intentional, and retaliatory, and done with a purposeful intent to inflict emotional distress on Wang and to coerce his silence. After examining the underlying complaint along with the provisions in the umbrella policy, we conclude, as did the trial court, that the conduct alleged in count did not potentially fall within the coverage of the personal umbrella liability policy or was excluded from coverage. Country Mutual did not have a duty to defend or indemnify Xu in the underlying federal action. \u00b6 35 \u00b6 36 Accordingly, the trial court did not err in denying Xu's motion for judgment on the pleadings and the court properly entered summary judgment in favor of Country Mutual. The judgment is affirmed. *14 14 \u00b6 37 Affirmed. About us Jobs News Twitter Facebook LinkedIn Instagram Help articles 2/17/25, 12:34 Country Mut. Ins. Co. v. Gary Gang Xu, 2024 Ill. App. 5th 220287 | Casetext Search + Citator 13/14 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, 12:34 Country Mut. Ins. Co. v. Gary Gang Xu, 2024 Ill. App. 5th 220287 | Casetext Search + Citator 14/14", "7745_105.pdf": "7TH v (2024) United States Court of Appeals, Seventh Circuit. Xingjian SUN, et al., Plaintiffs-Appellants, v. Gary Gang XU, Defendant-Appellee. No. 23-1960 Decided: April 25, 2024 Before Wood, Lee, and Pryor, Circuit Judges. Erik Puknys, Attorney, Finnegan, Henderson, Farabow, Garrett & Dunner, Palo Alto, CA, Hira Javed, Deena Lanier, Attorneys, Finnegan, Henderson, Farabow, Garrett & Dunner, Washington, DC, for Plaintiffs-Appellants. James A. Martinkus, Attorney, Erwin, Martinkus & Cole, Champaign, IL, for Defendant-Appellee. Appellants Xingjian Sun and Xing Zhao accused their professor, Appellee Gary Gang Xu, of sexually and emotionally abusing them while the two were students at the University of Illinois at Urbana-Champaign (UIUC). Sun and Zhao brought these allegations to administrators, and Sun later publicized them during an interview on a nationally televised morning news show. Meanwhile, Appellant Ao Wang, a professor at Wesleyan University, learned of these allegations and posted on an online message board that Xu had a history of sexually assaulting students, to which Xu responded by posting negative comments about Wang and by allegedly sending a letter to his employer. Sun, Zhao, and Wang eventually sued Xu: Sun and Zhao claimed that Xu had sexually assaulted them and others, and Wang claimed that Xu had wrongfully retaliated against him for his internet posts. Relevant to this appeal, Xu counter-claimed, asserting a defamation claim against Sun and claims for intentional infliction of emotional distress against Sun, Zhao, and Wang. After a trial, a jury found in favor of Xu on all issues and awarded him damages against Sun and Wang. Now, on appeal, Sun and Wang \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/17/25, 12:34 v (2024) | FindLaw 1/15 argue that the district court erred in denying their motion for judgment as a matter of law as to Xu's intentional infliction of emotional distress counterclaims. Appellants also contend that the district court erred in denying their motion for a new trial, which they believe is necessary based on the court's decision to admit evidence that Sun had a relationship with another professor. For the following reasons, we reverse the judgment in favor of Xu on his counterclaim against Wang. In all other respects, the judgment below is affirmed. I. Background While a graduate student at in 2013, Sun asked Xu, then a professor in the Department of East Asian Language and Culture, to advise her project on Chinese film. Over time, Sun alleges, she and Xu engaged in a sexual relationship, a claim Xu has repeatedly denied. According to Sun, the relationship turned violent and non-consensual. Indeed, Sun claims Xu violently raped her, publicly chased her in a car, and attempted to kill her. Sun told the police and administrators about the relationship, and the University launched multiple investigations into Xu's conduct. Sun would later write an email to recanting her allegations against Xu and admitting she had fabricated the stories. Zhao was a graduate student at and assisted Xu with a book he was writing. Zhao alleged that Xu attempted to kiss and grab her at an art exhibit. Zhao reported these allegations, along with concerns about Xu's relationship with Sun, to UIUC. Xu denies he ever assaulted Zhao. Wang is a professor at Wesleyan University in Middletown, Connecticut. Wang and Xu had only met once, but Wang saw social media posts accusing Xu of rape, sexual assault, and predatory behavior. On March 10, 2018, Wang wrote a post on douban.com, an online message board, stating that Xu had committed \u201cnumerous misdeeds.\u201d Wang claimed that Xu had \u201csexually assaulted students for nearly 20 years, and finally had to resign and work in another university.\u201d Wang also wrote, The information have is that Gang Xu had improper relationships with many students, so that the university did not schedule classes for him, hoping that he would leave by himself. Frankly speaking, such a notorious person should be excluded from the education sector. If he chooses to work in a university in the Chinese mainland, students who are not aware of his misdeeds may become victims. So give a warning here. According to Wang, his \u201ccore purpose\u201d in making the post was to \u201c[g]ive a warning to prevent people from becoming next victims [sic] and exclude the misbehaving persons like Gary Gang Xu from the education sector.\u201d To that end, Wang encouraged students to \u201cinform each other\u201d of Xu's misdeeds, if universities did not punish Xu appropriately. Mere hours after Wang posted on douban.com, Xu responded to Wang via email, denying the claims and threatening legal action week later, Wang republished his comments on a different message board, zhihu.com. These posts apparently received over one million views. 2/17/25, 12:34 v (2024) | FindLaw 2/15 In 2019, Sun, Zhao, and Wang filed a ten-count complaint against Xu, claiming he had abused and raped multiple students, forced Sun and Zhao into unpaid labor, and improperly retaliated against Wang for publicizing the allegations. The suit garnered much media attention, and Sun appeared on This Morning, a nationally broadcast morning news show, to publicize her allegations. In her interview, Sun claimed that Xu had tried to run her over with a car and had subjected her to physical, sexual, and emotional abuse, including numerous instances of rape. The broadcast also included an image of Sun with a blackened eye purportedly caused by Xu. In his answer to the complaint, Xu denied all of the claims and brought counterclaims accusing Sun of defamation and Sun, Zhao, and Wang of intentional infliction of emotional distress. After discovery, the parties filed cross-motions for summary judgment, and the district court allowed several of Appellants' claims, as well as Xu's counterclaims, to proceed to trial. The trial took three days, and the jury returned a verdict against Sun, Zhao, and Wang on their claims against Xu. As for Xu's counterclaims, the jury found in favor of Xu and awarded him $100,000 in compensatory damages against Sun and $700,000 in compensatory and punitive damages against Wang. At the conclusion of trial, Appellants asked the court to enter judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50(b) or, alternatively, for a new trial pursuant to Federal Rule of Civil Procedure 59. Relevant to this appeal, Wang and Sun argued that no reasonable jury could find their conduct met the standard for intentional infliction of emotional distress under Illinois law. Appellants also asserted that a new trial was warranted because the district court's decision to admit testimony regarding Sun's relationship with another professor was unduly prejudicial in violation of Federal Rule of Evidence 412. The district court denied these motions, and Appellants now appeal. II. Discussion We review the district court's denial of judgment as a matter of law de novo, viewing all facts and making all reasonable inferences in the light most favorable to the non-moving party. Van Stan v. Fancy Colours & Co., 125 F.3d 563, 567 (7th Cir. 1997). We review the district court's denial of a request for a new trial and the district court's decision to allow testimony under a highly deferential abuse of discretion standard. United States v. Young, 955 F.3d 608, 614 (7th Cir. 2020). A. Motion for Judgment as a Matter of Law Appellants Sun and Wang argue that the trial record does not support the jury's verdict on Xu's intentional infliction of emotional distress claims court may enter judgment as a matter of law under Federal Rule of Civil Procedure 50(b) if a party has been \u201cfully heard on an issue during a jury trial and the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for the 2/17/25, 12:34 v (2024) | FindLaw 3/15 party on that issue.\u201d Fed. R. Civ. P. 50(b). As such, we reverse only if no reasonable juror could have found on the trial record that Xu established all the elements of the claim. See Van Stan, 125 F.3d at 567. In conducting this analysis, we view all evidence in the light most favorable to Xu, the non-moving party, and draw all reasonable inferences in his favor. Mangren Rsch. & Dev. Corp. v. Nat'l Chem. Co., 87 F.3d 937, 941 (7th Cir. 1996). To prevail on an intentional infliction of emotional distress claim under Illinois law, a claimant must prove three elements. Schweihs v. Chase Home Fin., LLC, 412 Ill.Dec. 882, 77 N.E.3d 50, 63 (2016). First, the conduct in question was truly extreme and outrageous. Id. Second, the actor intended to inflict severe emotional distress or knew that there was at least a high probability that his conduct would have caused such distress. Id. Third, the conduct in fact caused severe emotional distress. Id. The tort \u201cdoes not extend to \u2018mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities.\u2019 \u201d McGrath v. Fahey, 126 Ill.2d 78, 127 Ill.Dec. 724, 533 N.E.2d 806, 809 (1988) (quoting Restatement (Second) of Torts \u00a7 46 cmt. d (1965)). Liability is found only when \u201cthe conduct has been 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 community.\u201d Id. (quoting Restatement (Second) of Torts \u00a7 46 cmt. d (1965)). 1. Claim Against Wang Wang contends that no reasonable jury could find on this record that his conduct was extreme and outrageous under Illinois law. We agree. The Illinois Supreme Court has identified three non-exclusive factors that inform whether conduct is extreme and outrageous. McGrath, 127 Ill.Dec. 724, 533 N.E.2d at 809\u201310. First, the extreme and outrageous nature of the conduct may arise from defendant's \u201cabuse of some position that gives him authority over the plaintiff or the power to affect the plaintiff's interests.\u201d Schweihs, 412 Ill.Dec. 882, 77 N.E.3d at 63. Second, courts consider the reasonableness of a defendant's belief that his objective is legitimate. McGrath, 127 Ill.Dec. 724, 533 N.E.2d at 811. Third, courts evaluate whether the defendant is aware that the plaintiff is particularly susceptible to emotional distress. Kolegas v. Heftel Broad. Corp., 154 Ill.2d 1, 180 Ill.Dec. 307, 607 N.E.2d 201, 211 (1992). These factors are \u201cto be considered in light of all of the facts and circumstances in a particular case, and the presence or absence of any of these factors is not necessarily critical to a cause of action for intentional infliction of emotional distress.\u201d Schweihs, 412 Ill.Dec. 882, 77 N.E.3d at 63. The outrageousness of the conduct \u201cmust be determined in view of all the facts and circumstances pled and proved in a particular case.\u201d Id. No reasonable jury could find on this record that Wang's conduct exhibited any of these factors. Wang did not abuse a position of power over Xu, as both parties admit they barely knew each other. Nor is there any indication that Wang knew that Xu was particularly susceptible to emotional distress. The only 2/17/25, 12:34 v (2024) | FindLaw 4/15 debatable point is whether Wang reasonably believed that his objective was legitimate. In this regard, Illinois courts give greater latitude to defendants who \u201cpursu[e] a reasonable objective even if that pursuit results in some amount of distress for a plaintiff.\u201d Honaker v. Smith, 256 F.3d 477, 491 (7th Cir. 2001). Actors cannot, however, pursue that legitimate purpose in an extreme or outrageous manner. See McGrath, 127 Ill.Dec. 724, 533 N.E.2d at 810 (\u201cAlthough the reasonable belief that his objective is legitimate does not provide a defendant carte blanche to pursue that objective by outrageous means, it is a substantial factor in evaluating the outrageousness of his conduct.\u201d) (internal citations omitted). Here, Wang consistently claimed that his objective in posting the comments was to prevent other students from being victims of Xu's behavior. He wrote this in his online posts and repeated it at trial, stating his intention was to \u201cdo the right thing, which is to protect women, especially female students.\u201d While Wang never raised these allegations with Xu, he testified that he believed the assertions and had heard of multiple instances of Xu's sexual misconduct. By contrast, Xu presented no evidence at trial to contradict the veracity of Wang's intentions. Wang's posting of his genuinely held belief in Xu's alleged misconduct for the purpose of warning other students does not rise to the level of extreme and outrageous conduct under Illinois law. See, e.g., Kiebala v. Boris, No. 1:16 7478, 2017 4339947, at *6 (N.D. Ill. Sept. 29, 2017), aff'd, 928 F.3d 680 (7th Cir. 2019) (\u201c[W]e cannot conclude Boris' negative and allegedly defamatory online reviews of Kiebala's business practices could plausibly be considered so extreme as to go beyond all possible bounds of decency, and to be regarded as intolerable in a civilized community, particularly where Boris did not stand in a position of power over Kiebala.\u201d) (internal citation omitted). Relying on Dawson v. New York Life Insurance Co., 932 F. Supp. 1509 (N.D. Ill. 1996), the district court concluded that the jury, not the court, should decide if Wang's conduct was extreme and outrageous. But Dawson is not helpful. There, the defendant insurance company disputed whether and how its employees disseminated the allegedly defamatory materials at issue. The court found that these disputes constituted Dawson's \u201ctheory of the case\u201d and must be proved at trial to support a claim of intentional infliction of emotional distress. Id. at 1546. By contrast, here, there was no dispute about the content and manner of Wang's posts. As noted above, Xu offered no evidence at trial to contradict Wang's assertions that he was trying to help women or to show Wang did not believe his statements to be true. Unlike in Dawson, there was no conflicting evidence for the jury to weigh. Thus, we conclude that the district court erred in denying Wang's motion for judgment as a matter of law. 2. Claim Against Sun Unlike the claim against Wang, there is sufficient evidence in the record for a reasonable juror to find that Sun's conduct met the requirements for intentional infliction of emotional distress. On appeal, Sun contends that her conduct was not extreme and outrageous and that she did not cause Xu to suffer any severe emotional distress. We address these arguments in turn. 2/17/25, 12:34 v (2024) | FindLaw 5/15 As with Wang, the pivotal issue is whether Sun reasonably believed that her objective in publicizing her allegations against Xu was legitimate. We tread carefully here, because we are mindful that overcorrection may chill good faith claims of sexual harassment and assault. In such circumstances, when an individual in fact believes that they were the victim of sexual harassment or sexual assault and publicizes this belief in order to obtain accountability and redress, a claim for intentional infliction of emotional distress would be baseless. But the circumstances here are very different. As we shall see, whether Sun actually believed that Xu had sexually assaulted her at the time she made those accusations public was hotly contested at trial. And so, we take our evaluation of Sun's intent in two steps. We first consider whether Xu presented sufficient evidence at trial for a reasonable juror to find that Sun was fabricating her claims. Second, if Xu did present such evidence, we ask whether Sun's knowingly false allegations of rape are sufficiently extreme and outrageous to support an intentional infliction of emotional distress claim under Illinois law. Based on the trial record, we conclude that a reasonable jury could find that Sun was lying about the nature of her relationship with Xu when she made her accusations against him public. For example, the jury heard the testimony of Kaamilyah Abdullah-Span, an administrator in the Office of Diversity, Equity, and Access at UIUC. She testified that even though Sun initially had reported that she had had a sexual relationship with Xu, Sun \u201cwithdrew her allegations on multiple occasions.\u201d The jury also read Sun's emails retracting her claims and her written statement that she had \u201cmade up the stories about sexual abuse.\u201d Furthermore, the jury observed Sun give her account at trial and watched Xu as he testified that he had never had sex with Sun and that he was the one who had rejected her advances. On the other hand, there was evidence at trial that would lend some support to Sun's statements, such as Sun's video deposition testimony, her initial complaints to administrators, and photos of her and Xu together. But we jealously guard the jury's province to weigh conflicting evidence, evaluate witness credibility, and determine the facts. This is why, when reviewing a district court's ruling on a motion for judgment as a matter of law, we \u201cdisregard all evidence favorable to the moving party that the jury was not required to believe.\u201d Hossack v. Floor Covering Assocs. of Joliet, Inc., 492 F.3d 853, 859 (7th Cir. 2007). Here, the jury was best positioned to consider the totality of the evidence at trial and determine whether it was Sun or Xu who was telling the truth. Because there was sufficient evidence at trial from which a reasonable jury could find that Sun had fabricated her statements about Xu, we now ask whether such actions constitute extreme and outrageous conduct under Illinois law. We conclude that they do. Intentional dissemination of false allegations of rape on a nationally televised program is the type of conduct that would lead a reasonable person to \u201chear the facts and be compelled to feelings of resentment and outrage.\u201d Duffy v. Orlan Brook Condo. Owners' Ass'n, 367 Ill.Dec. 341, 981 N.E.2d 1069, 1079 (Ill. App. Ct. 1st Dist. 2012). The Illinois Supreme Court's decision in Kolegas is instructive. 180 Ill.Dec. 307, 607 N.E.2d at 213. There, a local disc jockey stated on-air that a caller's wife and son\u2014both of whom suffered from 2/17/25, 12:34 v (2024) | FindLaw 6/15 neurofibromatosis (commonly known as Elephant Man disease)\u2014had deformed heads and that no one would want to marry the wife except out of duress. Id., 180 Ill.Dec. 307, 607 N.E.2d at 212. While such statements expressed privately might constitute mere insults, the court noted, the disc jockey's derogatory remarks were extreme and outrageous \u201cby virtue of its publication to the community at large.\u201d Id. In comparison, Sun's conduct here was more extreme and outrageous. She broadcasted her allegations of rape (which the jury found to be false) to a national audience and made accusations that could\u2014and did\u2014jeopardize Xu's career and reputation. In response, Sun contends that false accusations of rape can never support a claim of intentional infliction of emotional distress. But the cases she cites are inapposite. They involve claims of intentional infliction of emotional distress brought by alleged abusers against their educational institutions for the way the schools handled sexual assault claims. See Doe v. Trs. of Univ. of Pa., 270 F. Supp. 3d 799, 827 (E.D. Pa. 2017) (dismissing student's claim based on the University's mishandling of a sexual assault allegation against him); Doe v. Columbia Coll. Chi., 299 F. Supp. 3d 939, 963 (N.D. Ill. 2017) (dismissing a male student's claim where the University Hearing Panel found he sexually assaulted a female student); Fellheimer v. Middlebury Coll., 869 F. Supp. 238, 247 (D. Vt. 1994) (dismissing a male student's claim against the college for confronting him about a female student's allegation of rape). The facts here are markedly different. Here, as the jury found, Sun fabricated claims of sexual assault and rape and knowingly publicized them to university administrators and the world. Under Illinois law, such intentional conduct is extreme and outrageous. Next, Sun argues that the record lacks any evidence that her actions caused Xu to suffer severe emotional distress. Under Illinois law, emotional distress can include \u201call highly unpleasant mental reactions, such as fright, horror, grief, shame, humiliation, embarrassment, anger, chagrin, disappointment, worry, and nausea.\u201d Feltmeier v. Feltmeier, 207 Ill.2d 263, 278 Ill.Dec. 228, 798 N.E.2d 75, 84 (2003) (citing Restatement (Second) of Torts \u00a7 46 cmt. j (1965)). But just experiencing these emotions is not enough; the law only intervenes when \u201cthe distress inflicted is so severe that no reasonable man could be expected to endure it.\u201d Pub. Fin. v. Davis, 66 Ill.2d 85, 4 Ill.Dec. 652, 360 N.E.2d 765, 767 (1976) (citing Restatement (Second) of Torts at \u00a7 46 cmt. j (1965)). Moreover, in determining the severity of the distress, Illinois courts consider the \u201cintensity and duration\u201d of that distress. Id. At trial, Xu testified that Sun's comments on This Morning caused him to lose \u201ceverything.\u201d The interview also was uploaded to YouTube and the public website of Sun's counsel. Xu said that this caused \u201can incredible amount of pressure and nightmare [sic] and explanation to, to my family.\u201d Xu further stated that he felt sick due to the accusations and experienced tremendous nervousness and anxiety. He also testified that he had nightmares and was \u201cwaking up in the middle of the night, thinking of all the accusations, thinking of what life could have been without all this.\u201d As he feared, Xu was fired from his job and was unable to find other employment in the United States or China. 2/17/25, 12:34 v (2024) | FindLaw 7/15 reasonable juror could find that this combination of symptoms constitutes severe emotional distress as defined by Illinois law. Xu claimed that he was both financially and reputationally ruined by Sun's allegations. This harm exceeds the distress the Illinois Supreme Court found sufficient in Kolegas, where Kolegas claimed that the disc jockey's offensive comments caused him to be \u201cgreatly injured in his reputation and business\u201d and that \u201cthe attendance receipts earned from [a related charity festival] were greatly diminished.\u201d 180 Ill.Dec. 307, 607 N.E.2d at 206. Sun also contends that Illinois law requires a third party to corroborate the emotional distress Xu experienced. But Illinois law does not require outside confirmation of claims of emotional distress. See Bristow v. Drake St. Inc., 41 F.3d 345, 350 (7th Cir. 1994) (noting that neither consultation with a psychiatrist nor medical evidence is required to show distress under Illinois law). Sun and Wang cite Biggs v. Dupo for the proposition that \u201cwhen the injured party provides the sole evidence, he must reasonably and sufficiently explain the circumstances of his injury and not resort to mere conclusory statements.\u201d 892 F.2d 1298, 1304 (7th Cir. 1990). But Xu did just that. He recounted for the jury the many ways that Sun's statements harmed his life and emotional state. For example, he described how Sun's interview ruined his personal and professional reputation and career, as well as the nightmares, sleep- less nights, anxiety, and stress he experienced as a result. This is sufficient to demonstrate harm under Illinois law. See, e.g., Amato v. Greenquist, 287 Ill.App.3d 921, 223 Ill.Dec. 261, 679 N.E.2d 446, 455 (1997) (finding depression, despair, insomnia, anxiety, nervousness, and emotional trauma sufficient without validation from a medical professional). Finally, Sun argues that Xu's intentional infliction of emotional distress claim cannot stand because her comments were a matter of public concern and protected by the First Amendment. But this is a new argument made for the first time on appeal. Before the district court, Sun merely argued that it would be \u201cagainst public policy\u201d to allow an intentional infliction of emotional distress action for publicizing sexual assault. Now, she contends that Snyder v. Phelps, 562 U.S. 443, 131 S.Ct. 1207, 179 L.Ed.2d 172 (2011), forecloses the claim because Xu's alleged abuse was a matter of public concern. This argument on appeal is more than a \u201cnew twist\u201d on the argument that Sun made to the district court. See United States v. Billups, 536 F.3d 574, 578 (7th Cir. 2008). While Sun is not limited to the \u201cprecise\u201d arguments raised below, she made no mention of the First Amendment or Snyder in her briefs before the district court, and the argument is waived. See Yee v. City of Escondido, 503 U.S. 519, 534, 112 S.Ct. 1522, 118 L.Ed.2d 153 (1992); Puffer v. Allstate Ins. Co., 675 F.3d 709, 718 (7th Cir. 2012). B. Motion for New Trial Appellants Sun, Wang, and Zhao also request a new trial on the grounds that the district court erred in admitting testimony regarding Sun's relationship with another professor, thereby unduly prejudicing the jury's perception of her. We review a district court's decision to exclude evidence under the highly deferential abuse-of-discretion standard. Young, 955 F.3d at 614. This is because the district judge has 2/17/25, 12:34 v (2024) | FindLaw 8/15 \u201cfirst-hand exposure to the witnesses and the evidence as a whole,\u201d along with \u201cfamiliarity with the case and ability to gauge the impact of the evidence in the context of the entire proceeding.\u201d United States v. Groce, 891 F.3d 260, 268 (7th Cir. 2018). Evidence regarding a victim's past sexual behavior is generally prohibited under Federal Rule of Evidence 412. This rule serves two important purposes. First, it protects \u201cvictims against the invasion of privacy, potential embarrassment and sexual stereotyping that is associated with public disclosure of intimate sexual details.\u201d Young, 955 F.3d at 614 (citing Rule 412 advisory committee's note to 1994 amendment). Second, it encourages \u201cvictims to participate in legal proceedings without fear of those consequences.\u201d Id. Rule 412, however, has two exceptions; the second is relevant here. In a civil case, the court may admit evidence offered to prove a victim's sexual behavior or sexual predisposition if its probative value substantially outweighs the danger of harm to any victim and of unfair prejudice to any party. The court may admit evidence of a victim's reputation only if the victim has placed it in controversy. Fed. R. Evid. 412(b). At trial, Sun offered Dr. Lynn Ponton as her damages expert. In the second of two expert reports, Dr. Ponton opined that Xu's sexual assault and rape of Sun caused Sun to suffer from severe emotional and psychological distress. On the way, Dr. Ponton acknowledged that Sun had a relationship with another professor after her relationship with Xu, but opined that, because that professor was nurturing, he could not have caused any of the emotional distress that Sun was experiencing, placing the fault squarely on Xu. Given this, Xu's counsel understandably wanted to cross-examine Dr. Ponton to ensure that she had excluded the other relationship as a cause of Sun's trauma. Recognizing the dictates of Rule 412 and the need for Xu's counsel to test Dr. Ponton's testimony as to causation, the district court engaged in a lengthy colloquy with the attorneys and Dr. Ponton and allowed Xu's counsel to ask Dr. Ponton the following: Q. And then you further state in your report: \u201cFollowing Professor Xu, Ms. Sun engaged in a relationship with [a former] professor who was even older than Professor Xu, but Ms. Sun described a very different relationship with him to [you].\u201d Is that what you put in your report? A. That's what put in my report. Q. All right, so\u2014 A. That's correct. Q. My question, then, is: What weight, if any, did you give to that disclosure in arriving at your opinions and conclusions with respect to Ms. Sun's problems today? 2/17/25, 12:34 v (2024) | FindLaw 9/15 In response, Dr. Ponton briefly described the other relationship and noted that it was caring and kind. The district court did not abuse its discretion in allowing this limited questioning of Dr. Ponton. The court carefully conducted the balancing required by Rule 412(b). It heard both parties on the issue and carefully considered the opposing arguments, even going so far as to modify the proposed questions (to just ask about a \u201crelationship\u201d as opposed to a \u201csexual affair\u201d) and admonished Dr. Ponton to answer only the question asked. Given that Sun's own expert opened the door, we cannot say that the district court abused its discretion in doing so. The court deftly narrowed the questioning to limit the prejudice it would have had on Sun, while allowing Xu the opportunity to test Dr. Ponton's testimony. We thus affirm the denial of Appellants' motion for a new trial. III. Conclusion For the forgoing reasons, we the district court's denial of Wang's motion for judgment as a matter of law. We the district court's denial of Sun's motion for judgment as a matter of law and the denial of Appellants' motion for a new trial. Lee, Circuit Judge. Was this helpful? Yes No Welcome to FindLaw's Cases & Codes free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law. 2/17/25, 12:34 v (2024) | FindLaw 10/15 Go to Learn About the Law v (2024) Docket No: No. 23-1960 Decided: April 25, 2024 Court: United States Court of Appeals, Seventh Circuit. Need to find an attorney? 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Terms > | Privacy > | Disclaimer > | Cookies > 2/17/25, 12:34 v (2024) | FindLaw 15/15", "7745_106.pdf": "Law News Art history professor Gary Xu Gang accused of sexual assault and rape by two former students Plaintiffs' lawyer says sexual harassment of university students remains an 'epidemic' despite the progress of the #MeToo movement Lisa Movius 23 September 2019 Get The Year Ahead 2025 today - your essential guide to exhibitions, art fairs and biennials worldwide Buy now Enjoy unlimited access to The Art Newspaper. b ib d 2/17/25, 12:34 Art history professor Gary Xu Gang accused of sexual assault and rape by two former students - The Art Newspaper - Internationa\u2026 1/4 Gary Xu Gang was allowed to resign from the University of Illinois at Urbana-Champaign in August 2018 with a $10,000 bonus Photo: Shenzhen Biennale Two former students of Gary Xu Gang, a one-time art history professor at the University of Illinois at Urbana-Champaign and a former curator of the Shenzhen Biennale, have filed a complaint against him, alleging that he sexually assaulted them and was also involved in physical abuse, harassment and forced labour third plaintiff\u2014a literature professor at another university\u2014is accusing Xu of emotional distress stemming from alleged death threats and other harassment. The document, which was filed in federal court in Urbana on 10 September, alleges that Xu had inappropriate relationships with the two students. Xu had a romantic relationship with one of the plaintiffs, who is 26 years his junior, from 2013 to 2015. She describes frequent beatings and several rapes by Xu, as well as threats and controlling behaviour. The second student alleges that after she fended off Xu\u2019s repeated sexual overtures, he punished her with public verbal abuse and by pressuring her into hundreds of hours of unpaid work. The 2/17/25, 12:34 Art history professor Gary Xu Gang accused of sexual assault and rape by two former students - The Art Newspaper - Internationa\u2026 2/4 allegations also include the accusation that Xu pressured his students to have sex with other men. In 2014, for example, when he curated an exhibition in Shanghai, Xu allegedly tried to convince the plaintiff with whom he was in a relationship to have sex with several artists in order to garner their favour, which she refused. The filing alleges Xu brutally beat her during this trip. The third plaintiff, who first posted anonymous allegations of Xu\u2019s misconduct on Chinese social media in 2018, alleges that Xu threatened to kill him and harassed him and his colleagues in an attempt to pressure him to retract the accusations. The filing alleges that Xu also tried to buy his silence by inviting him to participate in the Shenzhen Biennale, which Xu was curating. Xu suggested that they claim the allegations were an \u201celaborate act of \u2018performance art\u2019, fabricated with Xu\u2019s consent to demonstrate the power of the internet to damage a \u2018blameless\u2019 man\u2019s reputation overnight\u201d, the brief recounts. Xu is currently suing the plaintiff for defamation in Shenzen, China. University of Illinois at Urbana-Champaign said it was reviewing the complaint \u00a9 Adam Jones 2/17/25, 12:34 Art history professor Gary Xu Gang accused of sexual assault and rape by two former students - The Art Newspaper - Internationa\u2026 3/4 Xu was removed as curator of the Shenzhen Biennale after the anonymous allegations against him appeared online. Five months later, he was allowed to resign with a $10,000 bonus from the Department of East Asian Languages and Culture at the University of Illinois at Urbana- Champaign. Failure to respond According to the filing, the university was aware of Xu\u2019s relationship with the student by 2014, and conducted a full investigation in 2016, but took no action. The plaintiffs\u2019 lawyer, Ann Olivarius of McAllister Olivarius, says her clients were also preparing to sue the university. \u201cIts failure to respond properly to Xu\u2019s harassment and abuse create legal causes of action which we will pursue separately from the case against Xu,\u201d she says. In a statement quoted by News, a spokesperson for the university said it was aware of the complaint and was reviewing it, adding that it \u201cinvestigates and takes appropriate action whenever conduct is reported that may jeopardise or impact the safety or security of our students or others\u201d. Xu has until 1 October to respond to the complaint. He did not respond to numerous attempts to seek his response but has previously strenuously denied claims of sexual assault. The case is of particular importance, Olivarius says, because \u201csexual harassment of undergraduate and graduate students remains an epidemic despite the progress reflected in the #MeToo movement. Chinese students in the are particularly vulnerable because of their unfamiliarity with sexual harassment protections, their tradition of deference to professors and their precarious visa status. The University of Illinois has more than 5,000 Chinese students. I\u2019m sure most of them are receiving an excellent education, but it\u2019s important for big universities to realise that they should not try to sweep abuse under the rug to avoid scandal that might hurt recruitment, but deal with it squarely and protect students.\u201d Law #metoo 2/17/25, 12:34 Art history professor Gary Xu Gang accused of sexual assault and rape by two former students - The Art Newspaper - Internationa\u2026 4/4"} |
7,514 | J.D. Oliver | Prairie View A&M University | [
"7514_101.pdf",
"7514_102.pdf",
"7514_103.pdf"
] | {"7514_101.pdf": "From Casetext: Smarter Legal Research Oliver v. Prairie View Univ Jan 13, 2016 NO. H-15-1665 (S.D. Tex. Jan. 13, 2016) Copy Citation Download Check Treatment Meet CoCounsel, pioneering that\u2019s secure, reliable, and trained for the law. Try CoCounsel free NO. H-15-1665 01-13-2016 OLIVER, Plaintiff, v SYSTEM, et al., Defendants Sign In Search all cases and statutes... Opinion Case details 2/17/25, 12:35 Oliver v. Prairie View Univ NO. H-15-1665 | Casetext Search + Citator 1/14 Pending before the court are Defendants Prairie View University and Texas University System and E. Joahanne Thomas-Smith's Motions to Dismiss (Docs. 15, 18). The court has considered the motions, the responses, and the applicable law. For the reasons set forth below, the court that Defendants' motions be GRANTED. Additionally, the court sua sponte that Plaintiff's claims against the unserved defendants be DISMISSED. 1 1 This case was referred to the undersigned magistrate judge pursuant to 28 U.S.C. \u00a7 636(b)(1)(A) and (B), the Cost and Delay Reduction Plan under the Civil Justice Reform Act, and Federal Rule of Civil Procedure 72. Doc. 5. I. Case Background Plaintiff brings this case against Defendant Prairie View University and the Texas University System (collectively, \"Prairie View\"), his former employer, and four individuals employed by Prairie View. Plaintiff alleges that Defendants violated his *2 Fourteenth and Fifth Amendment rights to due process and discriminated against him on the basis of his gender under 42 U.S.C. Sections 1981 and 1983 by terminating him from his tenured position within the university. A. Factual History 2 The following factual account is derived from Plaintiff's live complaint. Plaintiff was a tenured professor employed by Prairie View who taught computer science for thirty-two years. During the Fall 2013 semester, Plaintiff loaned a copy of a textbook to Lisa Mims, (\"Mims\") a student in one of his classes. On December 11, 2013, Plaintiff noted that Mims had not completed the final exam and had not returned his textbook, and emailed her regarding taking a make-up final. On December 14, 2013, Plaintiff had breakfast and, after experiencing side effects from medication, checked into a nearby motel. While he was at the motel, Mims contacted him by phone and agreed to meet him to return the textbook. 2 3 4 5 6 2 See Doc. 14, Pl.'s Am. Compl. 3 See id. p. 8. 4 See id. p. 9. 2/17/25, 12:35 Oliver v. Prairie View Univ NO. H-15-1665 | Casetext Search + Citator 2/14 5 See id. p. 10. 6 See id. That afternoon, Mims and three men forced their way into *3 Plaintiff's motel room. The men demanded money, took photos of Plaintiff, and took his credit cards, cell phone, and eleven dollars in cash. After the group left, Plaintiff informed the front desk attendant, who called the police. 3 7 8 9 7 See id. p. 11. 8 See id. 9 See id. The next day, Plaintiff received an email threatening to ruin his marriage, job, and reputation. On December 17, 2013, Mims and one of the men came to his home and left notes demanding money. Plaintiff did not respond to these demands. 10 11 10 See id. pp. 11-12. 11 See id. p. 12. On April 7, 2014, Mims filed a complaint against the university alleging misconduct by Plaintiff. Mims claimed that Plaintiff offered to give her an \"A\" grade in exchange for meeting him in his motel room. Mims spoke with Defendant Renee Williams (\"Williams\") in an in-person interview on May 29, 2014. In contrast, Williams interviewed Plaintiff by phone. Plaintiff avers that he was heavily medicated during the interview. *4 Plaintiff made a written request to meet with Williams in person, to which Williams did not respond security video of Mims and three men entering a motel room was never obtained by Williams during her investigation. 12 13 14 15 16 4 17 18 12 See id. 13 See id. 14 See id. pp. 6, 12. 15 See id. p. 6. 2/17/25, 12:35 Oliver v. Prairie View Univ NO. H-15-1665 | Casetext Search + Citator 3/14 16 See id. p. 6. 17 See id. 18 See id. p. 5. On July 18, 2014, Plaintiff received a letter from E. Joahanne Thomas-Smith (\"Thomas-Smith\"), the then-provost and senior-vice president for academic affairs, informing him that he was being discharged for allegedly arranging for a female student to meet with him in a motel room to \"satisfy [his] sexual desires\" in exchange for an 'A' grade.\" 19 20 19 Defendant Thomas-Smith is referred to as both \"Johanne\" and \"Joahanne\" Thomas-Smith. 20 See Doc. 14, Pl.'s Am. Compl. pp. 3-5. Oliver appealed the dismissal and a post-termination hearing was held on April 20, 2015. Per the amended complaint, Prairie View's president has not ruled on the appeal. B. Procedural History 21 22 21 See id. p. 7. 22 See id. On June 16, 2015, Plaintiff filed the present lawsuit against Prairie View. On July 27, 2015, Defendant Prairie View filed a *5 motion to dismiss based on a lack of subject-matter jurisdiction. On August 18, Plaintiff filed an amended complaint that added Defendants Thomas-Smith, Williams, Howard Sylve, (\"Sylve\") a reporting officer assigned to investigate Mims' allegations, and George Wright, (\"Wright\"), the university president, in their individual capacities. 23 5 24 25 23 See id. 24 See Doc. 11, Def. Prairie View's Mot. to Dismiss. 25 See Doc. 14, Pl.'s Am. Compl. On August 24, 2015, Defendant Prairie View filed a second motion to dismiss. Plaintiff filed a response on September 10, 2015. On October 20, 26 27 2/17/25, 12:35 Oliver v. Prairie View Univ NO. H-15-1665 | Casetext Search + Citator 4/14 2015, Defendant Thomas-Smith filed a motion to dismiss. Plaintiff filed a response on November 4, 2015. 28 29 26 See Doc. 15, Def. Prairie View's 2 Mot. to Dismiss. The court finds that Prairie View's first motion was rendered moot by this motion. nd 27 See Doc. 16, Pl.'s Resp. to Def. Prairie View's Mot. to Dismiss. 28 See Doc. 18, Def. Thomas-Smith's Mot. to Dismiss. 29 See Doc. 19, Pl.'s Resp. to Def. Thomas-Smith's Mot. to Dismiss. II. Defendant Prairie View's Motion to Dismiss Defendant Prairie View moves to dismiss Plaintiff's complaint for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure (\"Rule\") 12(b)(1). The court must decide a Rule 12(b)(1) motion before addressing any attack on the merits. Ramming v. United States, 281 F.3d 158, 161 (5 Cir. 2001). Pursuant to the federal rules, dismissal of an action is appropriate whenever the court lacks subject matter *6 jurisdiction. Fed. R. Civ. P. 12(b)(1); 12(h) (3). Federal courts may exercise jurisdiction over cases only as authorized by the United States Constitution and the jurisdictional statutes. Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994); see also Howery v. Allstate Ins. Co., 243 F.3d 912, 916 (5 Cir. 2001 court may sua sponte raise a motion to dismiss for lack of subject matter jurisdiction at any time. See Perez v. Stephens, 784 F.3d 276, 280 (5 Cir. 2015) (stating that \"it is axiomatic that we must consider the basis of our own jurisdiction, sua sponte if necessary\"); Cephus v. Texas Health and Human Servs. Comm'n, No. H-14-696, 2015 7313414, at *3 (S.D. Tex. Nov. 19, 2015). The party asserting jurisdiction bears the burden of overcoming the presumption that the cause falls outside the court's limited jurisdiction. Kokkonen, 511 U.S. at 377; Howery, 243 F.3d at 916, 919. In considering such a motion, the court must take as true all uncontroverted factual allegations in the complaint. John Corp. v. City of Houston, 214 F.3d 573, 576 (5 Cir. 2000). th 6 th th th Prairie View argues that it should be dismissed for lack of subject-matter jurisdiction because it is not a \"person\" under 42 U.S.C. \u00a7 1983, (\"Section 2/17/25, 12:35 Oliver v. Prairie View Univ NO. H-15-1665 | Casetext Search + Citator 5/14 1983\") and that Plaintiff's Section 1981, Section 1983, and contract claims are barred by Eleventh Amendment immunity. Plaintiff does not contest Prairie View's arguments, but notes that the amended complaint includes claims against three *7 officials in their individual capacities. 7 30 30 Plaintiff's amended complaint lists four individuals. Plaintiff omits Wright in his response. See Doc. 16, Pl.'s Resp. to Def. Prairie View's Mot. to Dismiss p. 2. Absent waiver by the state or Congressional abrogation, the Eleventh Amendment bars actions against a state entity in federal court by private parties seeking monetary relief. See Sherrod v. Prairie View Univ., No. H-10-1858, 2011 843936, at *2 (S.D. Tex. Mar. 8, 2011); Chacko v. Tex Univ., 960 F. Supp. 1180, 1197-98 (S.D. Tex. 1997). The State of Texas has not waived its sovereign immunity from suit in federal court for Section 1983 claims. See Aguilar v. Tex. Dep't of Criminal Justice, 160 F.3d 1052, 1054 (5 Cir. 1998); Jackson v. Texas S. Univ., 997 F. Supp. 2d 613, 624, 625 (S.D. Tex. 2014). Similarly, the state retains immunity from suit in breach of contract actions absent consent from the Texas Legislature. See Texas Nat. Res. Conservation Comm'n v. IT-Davy, 74 S.W.3d 849, 854 (Tex. 2002). In order to gain consent, a plaintiff must use an administrative dispute- resolution process created by the legislature. Jackson, 997 F. Supp. 2d at 636-37. Here, Prairie View argues that it has not waived its immunity regarding any of Plaintiff's claims. th Plaintiff does not dispute that Prairie View is a state agency and is thus not a \"person\" for purposes of liability under Section 1983. Plaintiff does not contest Prairie View's argument that the court lacks jurisdiction under the Eleventh Amendment. See Will v. *8 Michigan Dept. of State Police, 491 U.S. 58, 71 (1989). For these reasons, the court that Plaintiff's claims against Prairie View be DISMISSED. 8 III. Defendant Thomas-Smith's Motion to Dismiss Defendant Thomas-Smith has also filed a motion to dismiss, arguing that she is entitled to qualified immunity on Plaintiff's Section 1983 claims, thus arguing that Plaintiff has failed to state a claim pursuant to Rule 12(b)(6). 2/17/25, 12:35 Oliver v. Prairie View Univ NO. H-15-1665 | Casetext Search + Citator 6/14 Plaintiff responds that Thomas-Smith should have evaluated all available evidence and that her failure to do so prevents her from invoking qualified immunity complaint need not contain \"detailed factual allegations\" but must include sufficient facts to indicate the plausibility of the claims asserted, raising the \"right to relief above the speculative level.\" Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007); see also Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Plausibility means that the factual content \"allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.\" Iqbal, 556 U.S. 678 plaintiff must provide \"more than labels and conclusions\" or \"a formulaic recitation of the elements of a cause of action.\" Twombly, 550 U.S. at 555. In other words, the factual allegations must allow for an inference of \"more than a sheer possibility that a defendant has acted unlawfully.\" Iqbal, 556 U.S. 678. When sued for a constitutional violation pursuant to 42 U.S.C. *9 \u00a7 1983, a state employee may assert the affirmative defendant of qualified immunity. \" [G]overnment officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.\" Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982); Gentilello v. Rege, 627 F.3d 540, 547 (5 Cir. 2010) (finding qualified immunity applied in suit by professor against university supervisors). 9 th While qualified immunity is an affirmative defense, a plaintiff \"has the burden to negate the assertion of qualified immunity once properly raised.\" Collier v. Montgomery, 569 F.3d 214, 217 (5 Cir. 2009 plaintiff can meet this burden by alleging facts showing that a defendant committed a constitutional violation and that defendant's actions were objectively unreasonable in light of the clearly established law at the time of the defendant's actions. Atteberry v. Nocono General Hosp., 430 F.3d 245, 253 (5 Cir. 2005). The Fifth Circuit has stated that upon a pleading of qualified immunity, a plaintiff must meet a heightened pleading standard to explain why the defendant cannot maintain the defense. Schultea v. Wood, 47 F.3d 1427, 1433-34 (5 Cir. 1995). th th th 2/17/25, 12:35 Oliver v. Prairie View Univ NO. H-15-1665 | Casetext Search + Citator 7/14 In order to determine whether qualified immunity shields a defendant from liability the court must determine, first, whether *10 the facts as alleged and viewed in a light most favorable to the plaintiff, demonstrate that the defendant's conduct violated a constitutional right. Saucier v. Katz, 533 U.S. 194, 201 (2001) (overruled in part by Pearson v. Callahan, 555 U.S. 223 (2009)). If the plaintiff cannot establish that the defendant violated a constitutional right, the inquiry ends and the state officer is entitled to qualified immunity. Saucier, 533 U.S. at 201. 10 In the present case, Plaintiff alleges that Thomas-Smith violated his Fourteenth Amendment due process rights when she terminated Plaintiff without inquiring into the completeness of the investigation conducted by Defendant Williams. In a related argument, Plaintiff complains that Thomas-Smith failed to consider the motel security video or the extortion email from Mims because Williams failed to include those items in her investigation. As Prairie View fails to challenge whether Plaintiff's allegation of an incomplete investigation states a constitutional violation, the court next considers whether Thomas-Smith's decision was objectively unreasonable. 31 32 31 See Doc. 14, Pl.'s 1 Am. Compl. p. 5. Plaintiff's other due process allegations concern the other Defendants. Plaintiff complains that investigator Williams (1) conducted a biased investigation when she interviewed Mims in person but only conducted a telephone interview of Plaintiff; and (2) conducted an incomplete investigation when she failed to include the motel video and the extortion email in her investigation, failed to inquire into his medical conditions and failed to offer him an opportunity to be reinterviewed in a non-medicated state. Plaintiff complains that Defendant Sylve did not disclose that Plaintiff suffered from a number of medical conditions. Id. p. 6. st 32 Id. In order to allege that Thomas-Smith's behavior was *11 objectively unreasonable, Plaintiff must do more than allege that Thomas-Smith's decision was made in error. See Hunter v. Bryant, 502 U.S. 224, 229 (1991). The Supreme Court has stated that public officials making decisions \"in the 11 2/17/25, 12:35 Oliver v. Prairie View Univ NO. H-15-1665 | Casetext Search + Citator 8/14 good-faith fulfillment of their responsibilities\" are entitled to qualified immunity. Wood v. Strickland, 420 U.S. 308, 321 (1975). Directed more specifically to the public school setting, school officials making discretionary decisions in the absence of clearly established law are entitled to a high degree of deference in their ordinary decision-making. See Morgan v. Swanson, 755 F.3d 757, 760 (5 Cir. 2014). Plaintiff must therefore show that Thomas-Smith either knowingly violated the Constitution or was \"plainly incompetent\" in making her decision. See Hunter, 502 U.S. at 229; Brumfield v. Hollins, 551 F.3d 322, 326 (5 Cir. 2008 defendant's acts are held to be objectively reasonable unless all reasonable officials in the defendant's circumstances would have then known that the defendant's conduct violated the United States Constitution or the federal statute as alleged by the plaintiff.\" Thompson v. Upshur Cty., 245 F.3d 447, 457 (5 Cir. 2001). The reasonableness of an official's actions is based on the information available to the official at the time. Porter v. Ascension Parish Sch. Bd., 393 F.3d 608, 614 (5 Cir. 2004). th th th th It appears from the undisputed facts in Plaintiff's complaint that Thomas- Smith made a discretionary decision and relied on the *12 outcome of an investigation made by others in making the decision to terminate Plaintiff. The court finds that such decision was not objectively unreasonable given the evidence before her at the time of her decision; Plaintiff has not alleged that Thomas-Smith knew of any additional evidence or explained how Thomas-Smith's reliance on Williams' report violated a clearly established constitutional right or was otherwise unreasonable. See Porter, 393 F.3d at 614. 12 Plaintiff's arguments regarding the need for a deposition are irrelevant, as Thomas-Smith's right to a determination of qualified immunity is based on the facts as alleged by Plaintiff. See Mitchell v. Forsyth, 472 U.S. 511, 526 (\"Unless the plaintiff's allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.\")(citation omitted). Because her decision to terminate Plaintiff's employment was not objectively unreasonable, Thomas-Smith is entitled to qualified immunity 2/17/25, 12:35 Oliver v. Prairie View Univ NO. H-15-1665 | Casetext Search + Citator 9/14 on Plaintiff's Section 1983 claims and the court therefore that those claims be DISMISSED.33 33 Thomas-Smith also argues that Plaintiff cannot maintain a Section 1981 claim based on his gender. The court agrees. Section 1983 provides Plaintiff his only remedy against state officials in their individual capacity for allegations of race discrimination pursuant to Section 1981, a claim he does not make. See Oden v. Oktibbeha Cnty., 246 F.3d 458, 463 (5 Cir. 2001) (holding that Section 1981 does not provide a means of recovery against a governmental entity); Bobo v. ITT, Continental Baking Co., 662 F.2d 340, 343 (5 Cir. 1981)(allegations of gender discrimination do not fall within Section 1981). Additionally, Plaintiff has failed to plead any facts that would support a claim that Thomas-Smith engaged in gender discrimination. th th Thomas-Smith additionally argues that Plaintiff's breach of *13 contract claims against her in her individual capacity should be dismissed. 13 Here, Thomas-Smith argues that Plaintiff fails to identify what contract she allegedly breached, that she is protected by sovereign immunity for any contract made in her official capacity, and that she was not a party to any contract with Plaintiff. Plaintiff does not dispute that Thomas-Smith was not a party to any express contract with Plaintiff. Instead, Plaintiff avers that Thomas-Smith was party to an implied-in-fact contract regarding Prairie View's disciplinary procedures. Plaintiff states that the length of his employment, the lack of criticism of his work, and assurances he was given during his career constitute proof of an implied contract. An implied contract requires the same elements as an express contract, that is: (1) an offer; (2) acceptance; (3) a meeting of the minds; (4) consent between the parties; and (5) execution and delivery of the contract with the intent that it be binding. Electrostim Med. Servs. v. Health Care Serv., 962 F. Supp. 2d 887, 899, (S.D. Tex. 2013). For an alleged implied contract to be enforceable, not only must the parties agree to all terms, but the terms must be \"clear, certain, and specific.\" Id. Plaintiff's theory of implied contract is unavailing. In support, Plaintiff alleges that Thomas-Smith owed a contractual duty to conduct a thorough 2/17/25, 12:35 Oliver v. Prairie View Univ NO. H-15-1665 | Casetext Search + Citator 10/14 and complete investigation and provide *14 him with a hearing, and that he was owed a continuation of his regular salary. Plaintiff does not explain what, exactly, the terms of this implied-in-fact contract might be, or that Thomas-Smith accepted the contract by some affirmative act or that a meeting of the minds took place. Plaintiff similarly does not explain how any implied contract arose in the face of express contracts such as Plaintiff's employment contract with Prairie View or any contract he signed regarding Prairie View's employment policy. In short, Plaintiff attempts to re-classify a denial of due process claim into a breach of an implied contract claim. Without facts supporting the presence of an implied contract, he has not raised a plausible claim for relief against Thomas-Smith in her individual capacity. 14 The court accordingly that Plaintiff's contract claims against Thomas-Smith be DISMISSED. IV. Claims Against the Remaining Individual Defendants In his response to Prairie View's motion, Plaintiff argues that his complaint should not be dismissed because three defendants have not appeared in the lawsuit and that Plaintiff \"is in the process of serving these defendants.\"34 34 See Doc. 16, Pl.'s Resp. to Def. Prairie View's Mot. to Dismiss p. 2 federal court is without personal jurisdiction over a defendant unless the defendant is served under Rule 4. Omni *15 Capital Int'l, Ltd. v. Rudolf Wolff & Co., 484 U.S. 97, 104 (1987). Under Rule 4(m), a plaintiff is required to serve a defendant within 90 days after the complaint is filed. Fed. R. Civ. P. 4(m); Thrasher v. City of Amarillo, 709 F.3d 509, 511 (5 Cir. 2013 failure to comply with Rule 4(m)'s time requirement authorizes a district court to dismiss an action without prejudice, except upon a showing of good cause.\" Lozano v. Bosdet, 693 F.3d 485, 487 (5 Cir. 2012); see also Fed. R. Civ. P. 4(m plaintiff bears the burden of showing valid service or good cause for failure to effect timely service. Thrasher, 709 F.3d at 511. 15 35 th th 35 As of December 1, 2015. Prior to that date, a plaintiff had 120 days to serve a defendant. See Fed. R. Civ. P. Rule 4(m), 2015 Am. 2/17/25, 12:35 Oliver v. Prairie View Univ NO. H-15-1665 | Casetext Search + Citator 11/14 \"Proof of good cause requires at least as much as would be required to show excusable neglect, as to which simple inadvertence or mistake of counsel or ignorance of the rules usually does not suffice.\" Id. (quoting Winters v. Teledyne Movible Offshore, Inc., 776 F.2d 1304, 1306 (5 Cir. 1985) (internal quotations omitted)). \"Additionally, some showing of good faith on the part of the party seeking an enlargement and some reasonable basis for noncompliance within the time specified is normally required.\" Id. \"Even if the plaintiff lacks good cause, the court has discretion to extend the time for service.\" Id. (citing Millan v Gen. Indem. Co., 546 F.3d 321, 325 (5 Cir. 2008)). th th Here, Plaintiff amended his complaint on August 18, 2015, *16 adding defendants Thomas-Smith, Williams, Wright, and Sylve in their individual capacities. At the time of the filing of Plaintiff's amended complaint, Plaintiff had 120 days to serve the defendants under Rule 4(m). Plaintiff's response admitted that as of September 10, 2015, the individual defendants had not been served. Plaintiff's service deadline under the then-current Rule 4(m) required that Plaintiff serve the individual defendants by December 16, 2015. That deadline has passed, and Plaintiff has served only Defendant Thomas-Smith. To date, the remaining defendants have not made any appearance in this suit. Plaintiff has not requested more time or explained why he has been unable to serve the individual defendants. 16 36 37 38 36 See Doc. 16, Pl.'s Resp. to Def. Prairie View's Mot. to Dismiss p. 3. 37 See Summons Issued to Defendant Thomas-Smith, dated Sept. 11, 2015. 38 See Doc. 10, Return of Serv. Summons. Wright was served on behalf of Prairie View a month before he was added as a party in his individual capacity. However, he was not served in his individual capacity. Because the individual defendants have not been served and the time to serve them has passed, the court that Plaintiff's claims against the remaining individual defendants be DISMISSED, without prejudice. V. Conclusion 2/17/25, 12:35 Oliver v. Prairie View Univ NO. H-15-1665 | Casetext Search + Citator 12/14 Based on the foregoing, the court that Defendants' motions to dismiss be and that the remaining individual defendants be for want of prosecution. *17 17 The Clerk shall send copies of this Memorandum and Recommendation to the respective parties who have fourteen days from the receipt thereof to file written objections thereto pursuant to Federal Rule of Civil Procedure 72(b) and General Order 2002-13. Failure to file written objections within the time period mentioned shall bar an aggrieved party from attacking the factual findings and legal conclusions on appeal. The original of any written objections shall be filed with the United States District Clerk electronically. Copies of such objections shall be mailed to opposing parties and to the chambers of the undersigned, 515 Rusk, Suite 7019, Houston, Texas 77002 in Houston, Texas, this 13 day of January, 2016. th /s/_________ About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support 2/17/25, 12:35 Oliver v. Prairie View Univ NO. H-15-1665 | Casetext Search + Citator 13/14 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, 12:35 Oliver v. Prairie View Univ NO. H-15-1665 | Casetext Search + Citator 14/14", "7514_102.pdf": "Professor, Student|in Dueling Lawsuits / June 18, 2015 (CN) - Prairie View University fired a professor after a student tried to extort $9,000 from him with false allegations of sexual assault, the professor claims in court. J.D. Oliver sued Prairie View University and the Texas University System on Tuesday in Federal Court. Prairie View is a historically black college 45 miles northwest of Houston. Oliver taught computer science at Prairie View for 32 years and was six weeks from retirement when the school fired him over bogus sexual assault allegations from his student Lisa Mims, he says in the complaint. Mims is not a party to this lawsuit. Oliver sued her and her boyfriend Joshua Jackson in March federal judge dismissed that case with prejudice for lack of jurisdiction. Mims and Jackson have filed their own lawsuit against Oliver. In the new lawsuit, Oliver calls himself a \"feeble\" man who suffers from Parkinson's disease, heart disease, diabetes and erectile dysfunction \"and has no sexual desires and function to commit the sexual conduct as alleged.\" Oliver says he stopped by an restaurant for breakfast on his way to campus on Saturday, Dec. 14, 2013, where he planned to catch up on test grading. He says he took medication that made him dizzy so he went next door and rented a room at a Best Western hotel to rest until the drugs wore off. While staying in the hotel room to grade papers, he got a call from Mims, and told her she could drop off a borrowed textbook there since she was working nearby, according to the complaint. The professor says Mims showed up with three men, including her boyfriend Joshua Jackson, and they weren't there to help her drop off a book. \"One big guy pushed Mr. Oliver to the floor, then picked him up, held his hands behind his back, while one of the other guys began shouting, 'We need $9,000 tonight. You are a professor, you work at Prairie View, you have money, and we need $9,000 tonight,'\" the complaint states. One man held him down as another rifled through his wallet and took his credit cards, driver's license, $11 and his cell phone, Oliver says. \"The guys began taking pictures of the feeble Mr. Oliver and held a blue box of condoms near Oliver's face and took additional pictures,\" according to the complaint. When they left, Oliver went to the front desk and told the clerk he had been robbed and she called police. Try Litigation Reports or Log in Saturday, February 15, 2025 | Back issues Log in to CasePortal Monday, February 17, 2025 Free Litigation Reports Find Judicial Opinions 2/17/25, 12:35 Professor, Student|in Dueling Lawsuits | Courthouse News Service 1/3 Mims and Jackson were charged with felony theft and robbery, but the charges were dropped in September 2014 . Oliver claims Mims and Jackson persisted in their extortion demands, sending him an email \"threatening to ruin his marriage, his job and his reputation, if 'you do not do what you need to do,'\" and leaving three notes at his house demanding that he contact Mims. \"Oliver did not contact her,\" he says in the lawsuit. Mims and Jackson then decided to ruin his professional reputation, he claims. \"On or about April 7, 2014, Lisa Mims and Joshua Jackson filed false complaints with the university alleging sexual misconduct by Mr. Oliver. She claimed Oliver cornered her and touched her breast which physically he is incapable of doing,\" the complaint states. Mims allegedly told the school's investigator that Oliver said he would give her an if she met him at the hotel room. Oliver says the school investigator's inquiry was biased because she interviewed Mims face to face, but refused to meet with him in person. \"Instead the university insisted upon interviewing Oliver once by telephone during a period when he was heavily medicated,\" he claims, alleging due process violations. He seeks punitive damages for civil rights violations, breach of contract and defamation. His attorney Debra Jennings of Missouri City asked to be emailed questions about the lawsuit but did not respond to them. Prairie View A&M's attorney Brian Bricker said the school does not comment on pending litigation. With Oliver's lawsuit added to the pending federal complaint Mims and Jackson filed against him, it's up to U.S. District Judge Sim Lake to sort out the facts from the fiction. Mims' and Jackson's attorney, Jerry Friedman of Cypress, said in an email that he doesn't buy Oliver's claims that due to his health problems he \"has no sexual desires and function to commit the sexual misconduct as alleged believe that Oliver is manipulating these terms like President Clinton did after he was caught. And whether this was all for sex or just to feel dominant over a young woman, we will never know,\" Friedman said. In a typical move for sexual predators, Friedman said, Oliver is blaming the victim. \"There was never any demand for money and it's cruel and dishonest for Oliver to say there was any demand for anything. Lisa's sole concern throughout Oliver's mess was that she received an honest grade without being required to have sex to get it,\" the attorney said. Friedman said the police and university believed Mims' version of events because she recorded her phone conversations with Oliver to protect herself. \"If she hadn't recorded him, the police and university might have believed Oliver's story that she robbed him and she could be in prison right now,\" Friedman said. Follow @cam_langford 2/17/25, 12:35 Professor, Student|in Dueling Lawsuits | Courthouse News Service 2/3 Do Not Sell or Share My Personal Information Connect with us on our social channels: \u00a9 2025, Courthouse News Service About Us / Masthead / Advertise / Terms of Use / Privacy Policy / Support Categories Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world. enter your e-mail address Additional Reads Contributor-Test-Post- 2025-02-15 February 15, 2025 Contributor-Test-Post- 2025-02-15 February 15, 2025 Contributor-Test-Post- 2025-02-15 February 15, 2025 Contributor-Test-Post- 2025-02-15 February 15, 2025 Subscribe to Closing Arguments Submit 2/17/25, 12:35 Professor, Student|in Dueling Lawsuits | Courthouse News Service 3/3", "7514_103.pdf": "Christian Spencer Extracurricular activities just aren\u2019t what they used to be. Prof. accused of offering failing student passing grade for sex | Former Fellow April 3, 2015, 7:02 am 2/17/25, 12:35 Campus Reform | Prof. accused of offering failing student passing grade for sex 1/3 Prairie View University Professor J.D. Oliver, who allegedly tried to have sex with a failing student in a hotel, is now embroiled in a pair of lawsuits and claims he is a victim of robbery and attempted extortion. In the winter 2013 semester, Lisa Mims, a student who was failing Oliver\u2019s computer science class, asked her then-professor, 76, for guidance. Oliver allegedly was going to help her receive an for the class, but in exchange for alleged sexual favors. According to ABC13 Los Angeles, Mims had approached her teacher for help several times and he once grabbed her breast and told her to meet him in a hotel. \"He wasn't going to give me a grade unless showed up at the hotel and had sex with him,\" Mims said on an interview with ABC13 reporter Angela Chen. Oliver allegedly arranged a private, off-campus meeting with Mims at a Best Western hotel; however, he told police he was there because his carpets were being cleaned at home and needed a place to grade assignments. Oliver also claims that Mims borrowed a couple of his books and he only invited her to his hotel because it was convenient for her. Mims arrived at the hotel with her boyfriend and two other males. Mims told ABC13 that they confronted Oliver and he begged them to leave. However, Oliver's lawyer, Debra Jennings, told reporters that more happened afterwards. Oliver said that the four of them robbed him of his car keys, cell phone, money, and credit cards. He also told police that Mims attempted to extort $9,000. The university has investigated the case and, after finding evidence supporting Mims's claims, fired Oliver. Both the student and former teacher have filed a lawsuit against each other, but a grand jury has not charged Mims with robbery. \"We think that a jury will after hearing the evidence will rule in our client's favor,\" Jennings told ABC13, 2/17/25, 12:35 Campus Reform | Prof. accused of offering failing student passing grade for sex 2/3 Yolanda Bevill, Prairie View A&M's Relationship and Sexual Violence Prevention Coordinator, told Campus Reform, the school doesn't comment on ongoing litigation. Follow the author of this article on Twitter: @Christon_S 2/17/25, 12:35 Campus Reform | Prof. accused of offering failing student passing grade for sex 3/3"} |
8,300 | Larry Wittig | University of Pennsylvania | [
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"8300_106.pdf"
] | {"8300_101.pdf": "former Penn women's rowing coach faces multiple allegations of sexual misconduct By Rebecca Tan 12/26/17 4:28am Screenshot Focus on Education \u2014 Vimeo Larry Wittig, a longtime rowing coach who rose to a top leadership role in the Pennsylvania education system, resigned from his position as chair of the state Board of Education this week after The Philadelphia Inquirer reported on multiple allegations of sexual misconduct that occurred while he worked as a coach affiliated with Penn. In a Dec. 21 Inquirer article, multiple women, including some of Wittig's former Penn rowers, said he pressured them into romantic relationships while under his purview. Other allegations included groping and, in one case, rap That same day, Wittig declared his intention to leave the Board of Education and Gov. Tom Wolf accepted his resignation. \u201cHe told me had perfect breasts,\u201d Annette DeMichele, a 1985 College graduate and former Penn rower, told the Inquirer. Wittig, while in his thirties and married, carried on a one-and-a-half-year sexual relationship with 2/17/25, 12:35 former Penn women's rowing coach faces multiple allegations of sexual misconduct | The Daily Pennsylvanian 1/3 DeMichele, beginning the summer before she entered Penn as a freshman. She told the Inquirer the relationship felt consensual at the time, but now has doubts based on the age difference and Wittig's power over her as coach. In 1984, about two years after the relationship between Wittig and DeMichele had ended, he resigned from his position at Penn \"following investigation into charges of sexual harassment and program mismanagement,\" according to a report in The Daily Pennsylvanian. After leaving the University, Wittig rose the ranks of the state education system, eventually joining the State Board of Education in 2001 and becoming its chair in 2011. His term had been set to expire in October, but Wolf had not yet appointed a successor to replace him, according to the Inquirer. The board has broad oversight of elementary, high school, and collegiate education across the state. DeMichele said she had chosen not to speak about the incident for decades, but decided to come forward in light the series of testimonies made in recent weeks by survivors of sexual harassment and assault as part of the #MeTo movement, which began with a New York Times investigation into accusations made against Hollywood producer Harvey Weinstein. Sarah Dahlgren, one of DeMichele's teammates at Harriton High School in Bryn Mawr, Pa., said Wittig sexually harassed her during his time as an informal coach of the team. While sleeping in a common room during a rowing trip, Wittig reached in between her legs, she told the Inquirer. Another woman, who asked to remain anonymous, told the Inquirer she had a sexual relationship with Wittig while he was 29 and she was 16. This is not the first time that Wittig has faced sexual harassment allegations. In 1970, when he was a student at Drexel University, Wittig was charged with raping a 15-year-old friend of his sister, but was found not guilty by a Schuylkill County jury. When contacted by the Inquirer, the woman who made these allegations said, \"He got away with it. Of course wa humiliated was unhappy. I\u2019m still unhappy about it. But what am supposed to do when they say he\u2019s not guilty?\u201d Wittig, who was not immediately available for a comment on this story, has denied all allegations of sexual misconduct know of them, yeah, of course, but I\u2019m, look \u2014 I\u2019m not going to answer any particulars,\u201d he told the Inquirer. \u201cI\u2019m just going to say categorically deny it.\u201d 2/17/25, 12:35 former Penn women's rowing coach faces multiple allegations of sexual misconduct | The Daily Pennsylvanian 2/3 The Daily Pennsylvanian is continuing to report on this story. If you have any information, please contact Executive Editor Rebecca Tan at tan@thedp.com. Most Read The Daily Pennsylvanian is an independent, student-run newspaper. Please consider making a donation to support the coverage that shapes the University. Your generosity ensures a future of strong journalism at Penn PennConnects 2/17/25, 12:35 former Penn women's rowing coach faces multiple allegations of sexual misconduct | The Daily Pennsylvanian 3/3", "8300_102.pdf": "Is education having its own #MeToo Moment? Greg Toppo Published 5:00 p.m Jan. 4, 2018 Updated 10:43 p.m Jan. 4, 2018 Since last October, a series of disturbing and nearly non-stop revelations of sexual harassment have toppled powerful men in Hollywood, Washington and in elite media circles. Even top restaurateurs have not been spared. As the media spotlight focused on the Tinseltown stars, education has had its own #MeToo moment and it's likely to gain steam in 2018. The University of Arizona fired football coach Rich Rodriguez on Tuesday after a former administrative assistant filed a sexual harassment complaint alleging the coach ran a hostile workplace. Rodriguez denies the claims, calling them \"baseless and false.\" That complaint is the latest to roil academia over the past six months \u2014 well before news broke about Hollywood mogul Harvey Weinstein. Since August, allegations against a small group of high-profile academics and education officials have forced them to step down, in some cases reversing long-standing customs in which universities downplayed such misbehavior, victims' advocates say think what we\u2019re seeing \u2026 is that no industry, no occupation, is immune,\u201d said Anne Hedgepeth, interim vice president of public policy and government relations for the American Association of University Women (AAUW). The recent cases include: William V. Harris, a well-known Columbia University history professor who retired last month as part of a settlement in a sexual harassment lawsuit, in which an anonymous graduate student alleged that he kissed and groped her repeatedly, then disparaged her to colleagues when she rebuffed his advances. Harris has referred questions about the case Harvey Weinstein Add Topic 2/17/25, 12:35 Education in a #MeToo Moment? 1/4 to Columbia, which was also a defendant in the lawsuit. The university has told students it is \"deeply committed to supporting all of our students, protecting them from harassment of any kind, and ensuring that our academic community is a safe and respectful place for everyone who studies, teaches, and works here.\" Geoff Marcy, a well-known astronomy professor at the University of California, Berkeley, who resigned in October, after an investigation found he kissed and groped four students \u2014 in one case, Marcy allegedly put his hand up the skirt of a graduate student. Marcy wrote a public apology, but has denied some of the allegations. Lewis Aptekar, a San Jose State University professor who resigned last October after students and colleagues protested his scheduled return to campus in the face of sexual harassment allegations. Aptekar has said the university violated his due process rights during its investigation, and a settlement in the case calls the allegations \"disputed.\" Michael Katze, a well-known microbiology professor who was fired by the University of Washington in August, after it found he sexually harassed women who worked in his lab. In a lawsuit he filed in the case, Katze said he was \"shocked\" by the charges, calling them untrue. In a few cases, criminal cases have taken shape, as in New Hampshire, where Attorney General Gordon J. MacDonald last October said he was conducting a criminal investigation of three Dartmouth College professors accused of sexual harassment; the three were on paid leave with restricted access to campus, Inside Higher Ed reported. In at least two other high-profile cases, sexual harassment allegations have dogged non- professors who oversee public institutions. Last month, Larry Wittig, chairman of the Pennsylvania State Board of Education, resigned after several women said he pursued sexual relationships with them as teenagers. He was also removed from a leadership position at Drexel University, his alma mater. Wittig, who had served on the state board for 16 years, has \u201ccategorically\u201d denied the allegations, saying he had sex with one of the women but denied that he had an \"ongoing\" relationship with her. He called the episode \"a lapse in judgment at one time.\" Also last month, University of California Regent and media mogul Norm Pattiz, who was recorded last year asking an actress at his podcast company if he could hold her breasts, said he will step down in February. Pattiz, who founded the media company PodcastOne, has denied creating a hostile work environment, but has apologized for the remarks. 2/17/25, 12:35 Education in a #MeToo Moment? 2/4 In a few cases, universities have been slow to react to student complaints, only to hear from professors themselves: In an open letter published last November, more than 400 academics from around the world urged prospective students not to apply to the University of Rochester to study or work. That came amid allegations that Florian Jaeger, a professor in Rochester\u2019s Brain and Cognitive Sciences (BCS) department, preyed on female students. Jaeger denies the allegations and a university investigation cleared him. The letter said Rochester \u201cfailed to adequately respond to claims of predatory and manipulative behavior\u201d until September, when eight current and former researchers filed an Equal Employment Opportunity Commission (EEOC) complaint against the university. Jaeger has been on paid administrative leave for three months as a special committee investigates Rochester\u2019s response. But colleagues say Jaeger remains on campus \u2014 in a lawsuit filed Dec. 8, they allege that Jaeger \u201ccontinues to work at BCS, move around campus and interact with students and faculty as if nothing has happened.\" Look for more complaints from campus victims, said Saundra K. Schuster, a Philadelphia attorney and partner in the Group, LLC, a law and consulting firm that specializes in education and civil rights cases don\u2019t think we\u2019ll see an avalanche, but we\u2019ll see an increasing number of individuals willing to express what they\u2019ve experienced,\u201d she said. Over the past few months, the #MeToo Movement has \"added an additional layer of potential empowerment\u201d to victims, Schuster said. That could encourage more victims to come forward, not just when they\u2019re assaulted or harassed by a classmate or fellow student, but when the alleged perpetrator is an instructor or supervisor whose actions create a \u201chostile learning environment.\u201d While #MeToo could embolden victims, she said continue to be concerned about the fact that fear of retaliation is a powerful tool\" to keep victims silent. AAUW's Hedgepeth agreed. The #MeToo movement may be \"creating space for people to come forward,\" but as in show business, government and the media, academia operates with imbalanced \"power structures\" that make students reliant on professors. \u201cThey are the gateway for grades, for professional advancement \u2014 and that means there\u2019s a risk for someone to come forward\u201d if they have a complaint, Hedgepeth said. 2/17/25, 12:35 Education in a #MeToo Moment? 3/4 Over the past several years, colleges and universities have focused more closely on student- to-student conflicts, struggling for ways to adjudicate campus and date rape cases. In some ways, the Obama administration in 2011 anticipated the #MeToo Movement with a \u201cDear Colleague\u201d letter that pushed universities to respond more seriously to allegations of sexual assault, harassment and discrimination. Obama\u2019s Education Department told schools that, under federal Title law, the burden of proof for sexual assault cases was lower than that required for typical criminal cases. It discouraged cross-examination of accusers and required schools to allow them to appeal not- guilty findings. The move had its intended effect: Between 2011 and 2013, the education risk-management firm United Educators said, reports of sexual assault among its clients doubled. The Trump administration last September reversed much of Obama\u2019s guidance, but Know Your IX, one of several advocacy groups that sprung up in the wake of Obama\u2019s letter, notes that colleges still must promptly investigate complaints and provide counseling if needed, among other steps. Hedgepeth said it's too early to tell if the culture of academia is changing because of #MeToo \u2014 she'll be watching how schools react to future cases. \"But the opportunity is there,\" she said. \"It is up to schools, just like it is up to workplaces, to take these claims seriously and do something.\" Contributing: Justin Murphy, Rochester (N.Y.) Democrat and Chronicle. Follow Greg Toppo on Twitter: @gtoppo 2/17/25, 12:35 Education in a #MeToo Moment? 4/4", "8300_103.pdf": "By By UPDATED: UPDATED: October 9, 2019 at 11:39 October 9, 2019 at 11:39 The president of the Tamaqua Area School Board has been banned from The president of the Tamaqua Area School Board has been banned from participating in programs or events tied to U.S. Olympic sports, including participating in programs or events tied to U.S. Olympic sports, including rowing, following an investigation into allegations of \u201csexual misconduct rowing, following an investigation into allegations of \u201csexual misconduct involving a minor\u201d by the U.S. Center for SafeSport. involving a minor\u201d by the U.S. Center for SafeSport. The organization, the independent investigative agency for the U.S. Olympic The organization, the independent investigative agency for the U.S. Olympic Committee, would not provide specifics about the case or say when its probe Committee, would not provide specifics about the case or say when its probe began. began. Wittig told The Morning Call on Wednesday he is appealing the decision, Wittig told The Morning Call on Wednesday he is appealing the decision, which was rendered on Sept. 27. which was rendered on Sept. 27 fully expect to be exonerated,\u201d Wittig said fully expect to be exonerated,\u201d Wittig said. The Philadelphia Inquirer The Philadelphia Inquirer has reported that SafeSport launched an has reported that SafeSport launched an investigation in 2018 into allegations of sexual misconduct related to Wittig\u2019s investigation in 2018 into allegations of sexual misconduct related to Wittig\u2019s time as a rowing coach at the University of Pennsylvania. time as a rowing coach at the University of Pennsylvania U.S. Olympic agency bans U.S. Olympic agency bans Tamaqua School Board president Tamaqua School Board president from sports following sexual from sports following sexual misconduct investigation misconduct investigation 2/17/25, 12:36 U.S. Olympic agency bans Tamaqua School Board president from sports following sexual misconduct investigation \u2013 Th\u2026 1/3 Multiple women told the newspaper that Wittig either touched them Multiple women told the newspaper that Wittig either touched them inappropriately or made comments they found uncomfortable while he inappropriately or made comments they found uncomfortable while he worked as their coach, the worked as their coach, the newspaper\u2019s investigation newspaper\u2019s investigation said. One of the former said. One of the former crew team members described an extramarital relationship with Wittig crew team members described an extramarital relationship with Wittig while she was 17. She told The Inquirer said she believed the relationship while she was 17. She told The Inquirer said she believed the relationship was consensual at the time, but later came to believe it was problematic was consensual at the time, but later came to believe it was problematic based on the power dynamic and the age difference between herself and based on the power dynamic and the age difference between herself and then 32-year-old Wittig. then 32-year-old Wittig. The Morning Call could not determine Wednesday whether The Inquirer\u2019s The Morning Call could not determine Wednesday whether The Inquirer\u2019s findings were what Safesport investigated. findings were what Safesport investigated. SafeSport deemed Wittig to be \u201cpermanently ineligible to participate, in any SafeSport deemed Wittig to be \u201cpermanently ineligible to participate, in any capacity, in any program, activity, event or competition sponsored by, capacity, in any program, activity, event or competition sponsored by, organized by or under the auspices of the U.S. Olympic and Paralympic organized by or under the auspices of the U.S. Olympic and Paralympic Committees, any National Governing Bodies and/or any Local Affiliated Committees, any National Governing Bodies and/or any Local Affiliated Organizations or at any facility\u201d under such jurisdictions. Organizations or at any facility\u201d under such jurisdictions. The probe triggered the suspension of Wittig\u2019s membership at the The probe triggered the suspension of Wittig\u2019s membership at the prestigious Vesper Boat Club, one of the amateur rowing clubs on Boathouse prestigious Vesper Boat Club, one of the amateur rowing clubs on Boathouse Row along the Schuylkill River in Philadelphia. Though private, the club falls Row along the Schuylkill River in Philadelphia. Though private, the club falls under SafeSport\u2019s jurisdiction because it is a member of U.S. Rowing. under SafeSport\u2019s jurisdiction because it is a member of U.S. Rowing. It was unclear Wednesday if he would get that back upon a successful It was unclear Wednesday if he would get that back upon a successful appeal. Efforts to reach leaders of the club were unsuccessful. appeal. Efforts to reach leaders of the club were unsuccessful. In an interview, Wittig denied any wrongdoing and said he pushed for In an interview, Wittig denied any wrongdoing and said he pushed for SafeSport to expedite its report in the hopes of clearing his name. SafeSport to expedite its report in the hopes of clearing his name deny any behavior that would prompt an investigation \u2014 then or now deny any behavior that would prompt an investigation \u2014 then or now,\u201d he said. he said. Wittig said he felt compelled to fight the probe\u2019s results because rowing is Wittig said he felt compelled to fight the probe\u2019s results because rowing is such an enormous part of his life and identity. An independent arbitrator such an enormous part of his life and identity. An independent arbitrator will determine the outcome of the appeal \u2014 a ruling that is binding and will determine the outcome of the appeal \u2014 a ruling that is binding and final, according to the SafeSport. final, according to the SafeSport. \u201cMaybe a smarter person would have just dropped it and it wouldn\u2019t have \u201cMaybe a smarter person would have just dropped it and it wouldn\u2019t have made the papers and raised eyebrows,\u201d Wittig said. \u201cBut know what made the papers and raised eyebrows,\u201d Wittig said. \u201cBut know what happened in the 1980s know in my heart didn\u2019t do anything.\u201d happened in the 1980s know in my heart didn\u2019t do anything.\u201d Morning Call reporter Sarah M. Wojcik can be reached at 610-778-2283 or Morning Call reporter Sarah M. Wojcik can be reached at 610-778-2283 or swojcik@mcall.com swojcik@mcall.com.. 2/17/25, 12:36 U.S. Olympic agency bans Tamaqua School Board president from sports following sexual misconduct investigation \u2013 Th\u2026 2/3 2019 2019 \ue907 \ue907October October \ue907 \ue90799 Originally Published: Originally Published: October 9, 2019 at 6:37 October 9, 2019 at 6:37 2/17/25, 12:36 U.S. Olympic agency bans Tamaqua School Board president from sports following sexual misconduct investigation \u2013 Th\u2026 3/3", "8300_104.pdf": "From Casetext: Smarter Legal Research S.M. v. Tamaqua Area Sch. Dist. United States District Court, Middle District of Pennsylvania Mar 2, 2023 Civil Action 3:22-cv-00525 (M.D. Pa. Mar. 2, 2023) Copy Citation Download Check Treatment Meet CoCounsel, pioneering that\u2019s secure, reliable, and trained for the law. Try CoCounsel free Civil Action 3:22-cv-00525 03-02-2023 S.M., as father and natural guardian of A.M., a minor, et al., Plaintiffs, v DISTRICT, et al., Defendants Sign In Search all cases and statutes... Opinion Summaries Case details 2/17/25, 12:36 S.M. v. Tamaqua Area Sch. Dist., Civil Action 3:22-cv-00525 | Casetext Search + Citator 1/15 This federal civil rights action for damages commenced when the plaintiffs, S.M. and S.K., as fathers and natural guardians of minors A.M. and T.K., respectively, filed their complaint on April 11, 2022. (Doc.1.) The complaint named as defendants the Tamaqua Area School District (the \u201cDistrict\u201d); the District's employees: Raymond Kinder, Superintendent, Steven Toth, Assistant Superintendent, and Thomas McCabe, principal of the high school; and school board members: Larry Wittig, president, Nicholas Boyle, vice- president, Melanie Dillman, member, Thomas Bartasavage, member, Bryan Miller, member, Mark Rother, member, Thomas Rottet, member, Daniel Schoener, member, and Trina Schellhammer, member (collectively the \u201cindividual *2 defendants\u201d). 2 This matter is before the court on the defendants' motion to dismiss the complaint for failure to state a claim upon which relief can be granted under Rule 12(b)(6) of the Federal Rules of Civil Procedure. (Doc. 23.) The motion is fully briefed and ripe for decision. (Doc. 24; Doc. 30; Doc. 31.) For the reasons set forth herein, we will deny the motion. I. Factual Allegations 1 ] 1 The facts are taken from the plaintiffs' complaint. This action arises out of the alleged sexual assaults of A.M. and T.K., both of whom were enrolled in the District's high school as freshmen and were members of the football team. A.M. was also a member of the wrestling team. The alleged sexual assaults took place in the Football House, which is routinely left unsupervised, and which is a location known to the District's administrators, employees, and football coaches as one where the football players have caused physical harm to each other. Also, the plaintiffs allege that the football team maintains a tradition of sexually assaulting certain freshman players by holding them to the ground, beating them up, and attempting to penetrate their *3 anus with an object. The tradition has been referred to as \u201cschool bus,\u201d \u201cpineapple,\u201d \u201cExcalibur,\u201d or \u201cthe Raider special.\u201d 3 On November 4, 2021, A.M. and T.K. attended football practice and the customary after-practice dinner, which was held in the high school 2/17/25, 12:36 S.M. v. Tamaqua Area Sch. Dist., Civil Action 3:22-cv-00525 | Casetext Search + Citator 2/15 cafeteria. After dinner, the football staff directed freshmen football players, including A.M., to carry Gatorade and other items into the unsupervised Football House, where upperclassmen were waiting to sexually assault them. After carrying the Gatorade into the Football House, A.M. went to his locker on the lower level to retrieve his belongings. As he sat on the bench in front of his locker, the lights went out and he heard people running down the stairs. He was shoved off the bench and held to the floor. Phone flashlights revealed that T.O., another football player, held A.M. to the ground and attempted to turn A.M. over onto his stomach while another football player, Z.M., approached him holding a banana and attempting to force it into A.M.'s anus. Another football player, P.C., was standing nearby holding a second banana. While A.M. was able to turn over onto his back, T.O., Z.M., and L.K., a *4 third football player, punched A.M. repeatedly in the face. When the lights were turned on, Z.M. shoved the banana in A.M.'s face, threw it at him, and ran upstairs. A.M. left the Football House, got into his father's car, and reported the assault. 2 4 2 Non-party, N.M., also attended practice and dinner that evening. When N.M. was a freshman, he was sexually assaulted with a broomstick as part of the football tradition. Having been aware of what traditionally happened in the Football House, T.K. intentionally did not keep his belongings in his assigned locker in the Football House. During the team dinner on November 4, 2021, football players stole T.K.'s bag from him and took it to the Football House, to lure him there. After A.M. left the Football House, and unaware of A.M.'s sexual assault, T.K. went to the Football House to retrieve his bag. When he arrived there, the lights went out and several football players rushed him. T.K. fell into the lockers and onto the bench in front of the lockers. At that time, T.O. attempted to turn over T.K. onto his stomach to insert an object into his anus. As T.K. resisted, the lights turned on. Plaintiff S.M. immediately contacted the District's athletic director, Mike Hromyak, and requested and received the cell phone number of Coach Samuel Bonner. S.M. reported the assault to Coach Bonner. S.M. then called defendant Boyle and informed him of the assault. Shortly *5 thereafter, defendant McCabe called S.M., who informed McCabe about the assault. At 5 2/17/25, 12:36 S.M. v. Tamaqua Area Sch. Dist., Civil Action 3:22-cv-00525 | Casetext Search + Citator 3/15 8:30 p.m., A.M. was interviewed by the Tamaqua Borough Police Department in the presence of defendant Toth. One week later, Toth contacted S.M. and asked if he and McCabe could obtain a written statement from A.M. S.M. provided the written statement which A.M. had given to the police. On November 5, 2021, T.K. went to the principal's office to speak with defendant McCabe about the previous day's sexual assault. After being told that McCabe was too busy to speak with him, later that day T.K. and his father, S.K., returned to McCabe's office to talk about the incident. McCabe showed them security footage from the cafeteria where T.K.'s bag was taken from T.K., and T.K. and McCabe were able to identify students from the security video. Upon McCabe's request, T.K. provided a written statement. T.K. was not offered counselling. The defendants took no action to further investigate T.K.'s assault, to impose discipline upon the appropriate parties, or to reach out to T.K. and S.K. The complaint further alleges that A.M. was routinely bullied during school about the sexual assault. S.M. promptly reported the bullying to defendants Toth and McCabe, neither of whom took any *6 investigatory or disciplinary action following S.M.'s report. The bullying continued and resulted in a second attempted sexual assault while A.M. was a member of the wrestling team. In this instance, a senior on the wrestling team pinned A.M. and yelled to another wrestler to get a banana. A.M. evaded the attack. He eventually withdrew from the District on January 27, 2022. 6 The complaint consists of fourteen counts. Counts One (violation of Title IX), Three (retaliation under Title IX), Four (retaliation under Title IX), Five (violation of Title - second attempted assault), Six (violation of Title IX), Eight (Equal Protection under \u00a7 1983), Ten (Equal Protection under \u00a7 1983), Twelve (negligence), and Thirteen (negligence - second assault) relate to S.M. for A.M. Counts Two (violation of Title IX), Seven (violation of Title IX), Nine (Equal Protection under \u00a7 1983), Eleven (Equal Protection under \u00a7 1983), and Fourteen (negligence) relate to S.K. for T.K. II. Legal Standard Rule 12 (b)(6) of the Federal Rules of Civil Procedure authorizes a defendant to move to dismiss for \u201cfailure to state a claim upon which relief is granted.\u201d 2/17/25, 12:36 S.M. v. Tamaqua Area Sch. Dist., Civil Action 3:22-cv-00525 | Casetext Search + Citator 4/15 42 U.S.C. \u00a7 1983. Section 1983 does not create substantive rights, but instead provides remedies for rights established elsewhere. City of Oklahoma v. Tuttle, 471 U.S. 808, 816 (1985). To establish a \u00a7 1983 claim, the plaintiff must establish that the defendant, acting under color of state law, deprived the Fed.R.Civ.P. 12(b)(6). \u201cUnder Rule 12(b)(6), a motion *7 to dismiss may be granted only if, accepting all well-pleaded allegations in the complaint as true and viewing them in the light most favorable to the plaintiff, a court finds the plaintiff's claims lack facial plausibility.\u201d Warren Gen. Hosp. v. Amgen, Inc., 643 F.3d 77, 84 (3d Cir. 2011) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555-56 (2007)). Although the Court must accept the fact allegations in the complaint as true, it is not compelled to accept \u201cunsupported conclusions and unwarranted inferences, or a legal conclusion couched as a factual allegation.\u201d Morrow v. Balaski, 719 F.3d 160, 165 (3d Cir. 2013) (quoting Baraka v. McGreevey, 481 F.3d 187, 195 (3d Cir. 2007)). Under Rule12(b)(6), the defendant has the burden of showing that no claim has been stated. Kehr Packages, Inc. v. Fidelcor, Inc., 926 F.2d 1406, 1409 (3d Cir. 1991); Johnsrud v. Carter, 620 F.2d 29, 32-33 (3d Cir. 1980); Holocheck v. Luzerne County Head Start, Inc., 385 F.Supp.2d 491, 495 (M.D. Pa. 2005). In deciding the motion, the court may consider the facts alleged on the face of the complaint, as well as \u201cdocuments incorporated into the complaint by reference, and matters of which a court may take judicial notice.\u201d Tellab, Inc. v. Makor Issues & Rights, Ltd., 551 U.S. 308, 322 (2007). *8 7 8 III. Discussion The plaintiffs brought this federal civil rights action under 42 U.S.C. \u00a7 1983. Section 1983 provides in pertinent part: 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 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 .... 2/17/25, 12:36 S.M. v. Tamaqua Area Sch. Dist., Civil Action 3:22-cv-00525 | Casetext Search + Citator 5/15 plaintiff of a right secured by the United States Constitution. Mark v. Borough of Hatboro, 51 F.3d 1137, 1141 (3d Cir. 1995). To avoid dismissal for failure to state a claim, a civil rights complaint must state the conduct, time, place, and persons responsible for the alleged civil rights violations. Evancho v. Fisher, 423 F.3d 347, 353 (3d Cir. 2005). *9 9 A. Equal Protection Claim The defendants contend that Counts Eight through Eleven do not set forth claims under 42 U.S.C. \u00a7 1983 for violations of the plaintiffs' Equal Protection rights under the Fourteenth Amendment plaintiff stating a claim under the Equal Protection Clause must allege that he has been treated differently because of his membership in a suspect class or his exercise of a fundamental right, or that he has been treated differently from similarly-situated others and that this differential treatment was not rationally related to a legitimate state interest.\u201d Young v. Sewickley Twp., 160 Fed. App'x 263, 266 (3d Cir. 2005). The defendants assert that the plaintiffs have failed to allege specific facts that a female student was sexually assaulted by another student and that the defendants responded in a reasonable manner. (Doc. 24, at 11.) Here, the plaintiffs do not allege that they are members of a protected group or class of citizens. Rather, the plaintiffs argue that their complaint alleges claims for both intentional discrimination and hostile educational environment equal protection. (Doc. 30, at 14.) In their reply brief, the defendants argue that the complaint fails to allege identified policies, customs, and practices, and that the sexual assaults were isolated *10 incidents \u201cat most.\u201d (Doc. 31, at 4.) 10 1. Intentional discrimination equal protection claim \u201c[F]or the purposes of an Equal Protection claim, showing \u2018deliberate indifference' to harassment by a school or \u2018any third party under its control' is sufficient to demonstrate intentional discrimination.\u201d Goodwin v. Pennridge Sch. Dist., 309 F.Supp.3d 367, 378 (E.D. Pa. 2018) ([The plaintiff] \u201cwas not required to reference a similarly-situated male, because she alleged the harassment was sexual in nature.\u201d) As we explain below in our discussion of the Title claim, where the plaintiffs have sufficiently alleged 2/17/25, 12:36 S.M. v. Tamaqua Area Sch. Dist., Civil Action 3:22-cv-00525 | Casetext Search + Citator 6/15 deliberate indifference, the plaintiffs have sufficiently alleged an intentional equal protection claim. 2. Hostile environment equal protection claim To state a claim for hostile educational environment in violation of the Equal Protection Clause, a plaintiff must allege the same elements required for Title liability, except he also \u201cmust show that the harassment was the result of municipal custom, policy, or practice.\u201d Fitzgerald v. Barnstable Sch. Comm., 555 U.S. 246, 257-58 (2009). Here, as discussed below, the plaintiffs have pled the elements of a Title claim and that the District maintained customs or policies of failing to *11 recognize, investigate, and respond to reports of male-on-male sexual assault and harassment; failing to enforce its existing policies prohibiting sexual assault; and failing to adequately train school administrators and employees on how to recognize, investigate, address, and prevent further sexual assault and harassment of its students. (Doc. 1 \u00b6\u00b6 173(a-c), 185(a-c.)) We find that the plaintiffs have adequately pled a hostile educational environment equal protection claim. 11 Accordingly, we will deny the District's motion to dismiss the Section 1983 claims against it. B. Municipal Liability The District asserts that Counts Ten and Eleven of the complaint should be dismissed because the plaintiffs have failed to plead any specific facts of any practice or policies and there is no underlying violation of plaintiffs' constitutional rights. (Doc. 24, at 10-11.) The complaint asserts \u00a7 1983 claims against the District. \u201cOn its face, \u00a7 1983 makes liable \u2018every person' who deprives another of civil rights under color of state law.\u201d Burns v. Reid, 500 U.S. 478, 497 (1991) (Scalia, J., concurring in part and dissenting in part). In Monell v. Department of Social Services, 436 U.S. 658 (1978), the Supreme Court *12 of the United States established that municipalities and other local governmental units are included among those \u201cpersons\u201d subject to liability under \u00a7 1983. Id. at 690 school district may be liable under Monell. McGreevy v. Stroup, 413 F.3d 359, 367-69 (3d Cir. 2005). 12 2/17/25, 12:36 S.M. v. Tamaqua Area Sch. Dist., Civil Action 3:22-cv-00525 | Casetext Search + Citator 7/15 (Doc. 1 \u00b6\u00b6 173(a-c); 185(a-c).) But \u201c[u]nder Monell, a municipality cannot be subjected to liability solely because injuries were inflicted by its agents or employees.\u201d Jiminez v. All American Rathskeller, Inc., 503 F.3d 247, 249 (3d Cir. 2007). Rather, a municipality can be liable under \u00a7 1983 only if the conduct alleged to be unconstitutional either \u201cimplements or executes a policy statement, ordinance, regulation, or decision officially adopted and promulgated by that body's officers\u201d or is \u201cvisited pursuant to governmental \u2018custom' even though such a custom has not received formal approval through the body's official decision-making channels.\u201d Monell, 436 U.S. at 690-91. \u201c[I]t is when execution of a government's policy or custom, whether made by its lawmakers or by those whose edicts or acts may fairly be said to represent official policy, inflicts the injury that the government as an entity is responsible under \u00a7 1983.\u201d Jiminez, 503 F.3d at 249 plaintiff must identify the challenged policy, attribute it to the [school district] itself, and show a causal link between *13 execution of the policy and the injury suffered.\u201d Losch v. Borough of Parkesburg, 736 F.2d 903, 910 (3d Cir. 1984). 13 The complaint in this case identifies the District's three unconstitutional customs or policies as follows: a. Failing to appropriately recognize, investigate and respond to reports of male-on-male sexual assault and harassment; b. Failing to enforce any already existing policies prohibiting sexual assault and harassment when both the perpetrator and the victim are male; and c. Failing to adequately train school administrators and employees on how to recognize, investigate, address, and prevent further sexual assault and harassment of its students. The District argues that the complaint fails to allege specific facts of any practice or policies, and because there is no underlying violation of the plaintiffs' constitutional rights, the Section 1983 claims must be dismissed. We find that the plaintiffs' allegations recited above are sufficient to state a municipal liability claim against the District. 2/17/25, 12:36 S.M. v. Tamaqua Area Sch. Dist., Civil Action 3:22-cv-00525 | Casetext Search + Citator 8/15 Rode v. Dellarciprete, 845 F.2d 1195, 1207 (3d Cir. 1988). Accordingly, we will deny the District's motion to dismiss the Section 1983 claims against it. *14 14 C. Individual Defendants The defendants move to dismiss the claims against the individual defendants set forth in Counts Eight and Nine of the complaint because they contend that the plaintiffs failed to allege any personal involvement whatsoever by the individual defendants. The plaintiffs argue that the complaint extensively alleged personal involvement of each of the individual defendants. It is well established that \u201c[c]ivil rights claims cannot be premised on a theory of respondeat superior. Rather, each named defendant must be shown . . . to have been personally involved in the events or occurrences which underlie a claim.\u201d Millbrook v. United States, 8 F.Supp.3d 601, 613 (M.D. Pa. 2014) (citation omitted). As previously explained by the Third Circuit defendant in a civil rights action must have personal involvement in the alleged wrongs [P]ersonal involvement can be shown through allegations of personal direction or of actual knowledge and acquiescence. Allegations of participation or actual knowledge and acquiescence, however, must be made with appropriate particularity. Here, the complaint alleges that as Superintendent, Kinder told *15 S.M. and A.M. that they had no right to be present at the first disciplinary hearing on November 16, 2021, before the school board, and they were prohibited from knowing the outcome of the hearing. (Doc. 1 \u00b6\u00b6 6, 5861.) Kinder also excluded them from attending and participating in two disciplinary hearings on November 18, 2021, and a special meeting of the school board. (Id. \u00b6\u00b6 62- 64, 66-68, 78-79.) Kinder also told A.M. that he had no right to know the outcome of the hearings. (Id. \u00b6 71.) Kinder accused A.M. of lying. (Id. \u00b6 83.) 15 Assistant Superintendent Toth and high school principal McCabe received actual notice of the sexual assaults of A.M. and T.K. (Id. \u00b6\u00b6 4652, 98.) Despite having an obligation to contact the District's Title coordinator 2/17/25, 12:36 S.M. v. Tamaqua Area Sch. Dist., Civil Action 3:22-cv-00525 | Casetext Search + Citator 9/15 and Toth and McCabe having actual notice of the assaults, neither A.M. nor T.K. were ever contacted by the Title coordinator. (Id. \u00b6 101.) The inaction of Toth and McCabe resulted in A.M.'s continued bullying, which resulted in the second sexual assault upon him. (Id. \u00b6\u00b6 93-94.) Regarding the individual school board defendants, the complaint alleges that \u201cKinder, Toth, and McCabe intentionally shared their power to investigate and/or address the sexual assault of A.M. with\u201d the *16 individual school board defendants. (Id. \u00b6 155.) The complaint further alleges that the school board defendants presided over three disciplinary hearings and one special meeting. (Id. \u00b6\u00b6 58, 62, 66, 78.) During each hearing and the special meeting, the school board individual defendants physically excluded the plaintiffs from being present, while permitting the alleged assaulters to be present (Id. \u00b6\u00b6 58-71, 78-79); provided the alleged assaulters with an opportunity to speak on their own behalf and denied that opportunity to the plaintiffs (Id. \u00b6\u00b6 65-66, 70-71); provided the alleged assaulters with the opportunity to be represented by counsel and denied that opportunity to the plaintiffs (Id. \u00b6 74); and denied A.M. his Title right to be informed of the outcome of the hearings, including the sanctions imposed. (Id. \u00b6\u00b6 61, 65, 71.) 16 We find these allegations sufficient to defeat the motion to dismiss at the pleadings stage. Thus, accepting the plaintiffs' factual allegations in the complaint as true, as we must, we find that the complaint adequately alleges sufficient allegations of personal involvement by the individual defendants. Accordingly, the defendants' motion to dismiss on the basis that the complaint lacks sufficient factual allegations of personal involvement will *17 be denied. 17 D. Title Claims The defendants argue that the plaintiffs failed to plead valid Title claims. Title of the Education Act provides, with certain exceptions, 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 plaintiffs set forth claims for student- on-student sexual harassment and retaliation. 2/17/25, 12:36 S.M. v. Tamaqua Area Sch. Dist., Civil Action 3:22-cv-00525 | Casetext Search + Citator 10/15 (1) The plaintiff has sufficiently pled a valid claim for student-on-student sexual harassment. The defendants maintain that the plaintiffs failed to set forth a valid Title claim for student-on-student sexual harassment. It is settled that a funding recipient's deliberate indifference to sexual harassment of a student by another student can constitute sex discrimination under Title IX. Davis v. Monroe Cty. Bd. of Educ., 526 U.S. 629, 643 (1999). For a school district to be held liable for a claim of student-on- student sexual harassment under Title IX, a plaintiff must establish that: (1) the defendant receives federal funds; (2) sexual *18 harassment occurred; (3) the harassment occurred under \u2018circumstances wherein the recipient exercise[d] substantial control over both the harasser and the context in which the known harassment occur[red], (4) the funding recipient had \u2018actual knowledge' of the harassment; (5) the funding recipient was \u2018deliberately indifferent' to the harassment; and (6) the harassment was \u2018so severe, pervasive, and objectively offensive that it [could] be said to [have] deprive[d] the victims of access to the educational opportunities or benefits provided by the school.' Davis, 526 U.S. at 645, 650. 18 Here, the District only contends that the complaint fails to allege facts to constitute deliberate indifference. The District asserts that the plaintiffs failed to set forth sufficient facts to establish that the District's response to the alleged harassment is clearly unreasonable considering the known circumstances finding of deliberate indifference depends on the adequacy of a school district's response to the harassment. Zeno v. Pine Plains Cent. Sch. Dist., 702 F.3d 655, 666 (2d Cir. 2012); accord Doe v. Bellefonte Area Sch. Dist., 106 Fed. App'x 798, 799 (3d Cir. 2004) (\u2018The relevant inquiry for purposes of evaluating whether [a school district] was deliberately *19 indifferent to known circumstances of harassment is to review its response to reported incidents of harassment.'). To constitute deliberate indifference, the recipient's response to the harassment must be \u2018clearly unreasonable in light of the known circumstances.' Davis, 526 U.S. at 648. 19 2/17/25, 12:36 S.M. v. Tamaqua Area Sch. Dist., Civil Action 3:22-cv-00525 | Casetext Search + Citator 11/15 review of the complaint reveals that it adequately sets forth a factual basis to support the deliberate indifference requirement. The District's response, or lack thereof, to the harassment reflects the following: (1) the plaintiffs were not contacted by the District's Title coordinator (Doc. 1 \u00b6\u00b6100, 109(a), 117(a)); (2) the plaintiffs were not informed of their respective minor child's rights under Title regarding: supportive measures (Id. \u00b6\u00b6 109(b), 117(b); segregation from their assaulters; the right to file a Title complaint against their assaulters; protection from retaliation, including retaliatory harassment; an equitable and transparent investigation and disciplinary process; all corrective action necessary to stop further assault and harassment; and the right to have advisors represent their interests during the investigation and disciplinary process (Id. \u00b6 101); (3) the defendants had actual knowledge of the assaults of A.M. and T.K. (Id. \u00b6\u00b6 107, 115); (4) *20 the defendants never acknowledged that the assaults were sexual in nature or investigated the assaults as attempted sexual assault (Id. 109(c), 117(c)); (5) no one from the District ever made a Childline report under the Pennsylvania Child Protective Services Law, 23 Pa. Cons. Stat. Ann. \u00a7 6319 (Id. 109(d), 117(d)); (6) the defendants characterized the assaults as \u201chorseplay\u201d and \u201chazing\u201d (Id. \u00b6\u00b6 109(e), 117(e)); (7) the defendants created a hostile educational environment that tolerated male- on-male sexual assault and harassment (Id. \u00b6\u00b6 109(f), 117(f)); (8) the defendants refused to institute the necessary corrective action to remedy the hostile educational environment and to ensure A.M.'s continued enrollment and T.K.'s equal access to his education (Id. \u00b6\u00b6 109(g), 117(g)); and (9) the defendants failed to provide adequate training for the District's employees and other school officials on sexual harassment and assault, retaliation, and mandatory reporting (Id. \u00b6\u00b6 109(h), 117(h). The plaintiff has set forth a plausible showing of entitlement to relief for sexual harassment under Title IX. Thus, the defendants' motion to dismiss this claim will be denied. *21 20 21 (2) The plaintiff has set forth a viable claim for retaliation under Title IX. The defendants urge us to dismiss S.M.'s (for A.M.) retaliation count because the complaint is devoid of facts sufficient to demonstrate retaliation. Specifically, the defendants contend that there is no actionable conduct attributed to any defendant from which liability against the District 2/17/25, 12:36 S.M. v. Tamaqua Area Sch. Dist., Civil Action 3:22-cv-00525 | Casetext Search + Citator 12/15 could arise under Title IX, and there are no allegations sufficient to establish the causation prong of the claim. We disagree. Although the statute does not specifically mention retaliation, it is settled that retaliatory conduct is within the broad prohibition of \u2018discrimination' made unlawful by Title IX. Jackson v. Birmingham Bd. of Educ., 544 U.S. 167, 174, (2005). To establish a prima facie case of retaliation, a plaintiff must show (1) that he or she engaged in protected activity; (2) defendant had knowledge of the protected activity; (3) adverse school-related action was taken against plaintiff; and (4) a causal connection between the protected activity and the adverse action. Yan v. Penn State Univ., 529 Fed. App'x 167, 171 (3d Cir. 2013) (citing Papelino v. Albany Coll. of Pharmacy of Union Univ., 633 F.3d 81, 91 (2d Cir. 2011)). *22 22 Here, the plaintiffs alleged that the individual defendants had sufficient involvement as we outlined above. For example, Kinder told S.M. and A.M. that they had no right to be present at the first disciplinary hearing and they were prohibited from knowing the outcome of the hearing. (Doc. 1 \u00b6\u00b6 58-61.) Kinder also excluded them from attending and participating in the second disciplinary hearing and a special meeting of the school board. (Id. \u00b6\u00b6 62-64, 78-79.) Kinder accused A.M. of lying. (Id. \u00b6 83.). To establish the requisite causal connection, a plaintiff must allege facts to demonstrate either: \u201c(1) an unusually suggestive temporal proximity between the protected activity and the allegedly retaliatory action, or (2) a pattern of antagonism coupled with timing to establish a causal link.\u201d Frazer v. Temple Univ., 25 F.Supp.3d 598, 615 (E.D. Pa. 2014) (citing Cooper v. Menges, 541 Fed. App'x 228, 232 (3d Cir.2013). Here, the defendants argue that there are no allegations to establish that A.M.'s conduct of reporting the alleged assault specifically caused the District to act in a manner that caused harm to A.M. (Doc. 24, at 24.) The complaint alleges that the defendants retaliated against A.M. by: (1) attempting to discredit him by calling him a liar (Doc. 1 \u00b6 122(a); (2) *23 refusing to properly investigate the assault (Id. \u00b6122(b); (3) refusing to institute the necessary corrective action to remedy the hostile educational environment A.M. faced and to ensure his continued enrollment at school (Id. \u00b6122(c); and (4) making a condition of A.M.'s education that he suffer a hostile educational environment in which the first sexual assault 23 2/17/25, 12:36 S.M. v. Tamaqua Area Sch. Dist., Civil Action 3:22-cv-00525 | Casetext Search + Citator 13/15 was tolerated, thereby enabling the second attempted sexual assault (Id. \u00b6122(d). All these acts of retaliation caused A.M. to suffer damage, including being barred from accessing his education. (Id. \u00b6123.) Thus, we find that the causation element has been adequately pled. These allegations are sufficient to defeat the defendants' motion to dismiss the retaliation claim. IV. Conclusion For the foregoing reasons, the defendants' motion to dismiss will be denied and the action will be permitted to proceed. The defendants will be directed to answer the complaint. An appropriate order follows. About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy 2/17/25, 12:36 S.M. v. Tamaqua Area Sch. Dist., Civil Action 3:22-cv-00525 | Casetext Search + Citator 14/15 Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/17/25, 12:36 S.M. v. Tamaqua Area Sch. Dist., Civil Action 3:22-cv-00525 | Casetext Search + Citator 15/15", "8300_105.pdf": "Pa. school board president banned from Olympic sports for sexual misconduct against minors in the 1980s former chairman of Pennsylvania\u2019s Board of Education, Larry Wittig, has been permanently banned from Olympic sports for sexual misconduct involving a minor. By Jen Kinney \u00b7 October 9, 2019 K-12 b q Listen Live World Service 2/17/25, 12:36 Pa. school board president sanctioned for sexual misconduct against minors 1/8 Tamaqua Area School Board President Larry Wittig speaks during a meeting in January 2019. (Matt Smith for Keystone Crossroads) k former chairman of Pennsylvania\u2019s Board of Education, Larry Wittig, has been permanently banned from Olympic sports for sexual misconduct involving a minor. Wittig resigned from the board in 2017 after the Philadelphia Inquirer first published the allegations, but he remains school board president of the Tamaqua Area School District in Schuylkill County. The allegations date back to the 1980s, when Wittig coached high school, collegiate, and Olympic crew teams. The ban means he is ineligible to participate in any Olympic-related sports or organizations, including the Vesper Rowing Club in Philadelphia, of which he had been a member. The determination was made by the U.S. Center for SafeSport, which investigates sexual abuse within the Olympics and Paralympics. \u201cWhile Larry was in the rowing community, that means he is not allowed to participate in any sports that might be considered an Olympic activity,\u201d said John Wik, director of SafeSport and Special Programs at the United States Rowing Association. \u201cHe is just banned from the sports altogether.\u201d Wittig, a driving force behind Tamaqua\u2019s plan to arm teachers anonymously, has yet to return a 2/17/25, 12:36 Pa. school board president sanctioned for sexual misconduct against minors 2/8 request for comment after attempts to reach him by phone and email. The SafeSport ruling is the result of a nearly two-year investigation kicked off by the 2017 article. In 1981, Wittig coached the girl\u2019s rowing team of Harriton High School in Lower Merion. Multiple women told the paper that, after meeting him in that capacity, Wittig touched them inappropriately while they were underage. Two said they\u2019d had ongoing sexual relationships with him while they were 16 and 17, and Wittig was in his 30s and married. One of those women, Annette DeMichele, was coached by Wittig when she was in high school. She says the relationship turned sexual the summer she graduated, when she was 17. That summer, Wittig took her and a teammate to a nude beach while they were in San Diego for a rowing competition. The teammate, Sarah Dalhgren, has also accused Wittig of grabbing her crotch on that trip while he slept beside her and other teammates on the floor. \u201cHe slept with us, which was really inappropriate. But at the time it\u2019s what we did \u2014 we all slept on the floor in a big room and he slept with us,\u201d said DeMichele in an interview Wednesday. DeMichele was on her way to study at the University of Pennsylvania. Wittig had just taken a coaching job there. The relationship continued for a year, in secret had this secret life and never really settled into college life the way someone that age does, or you would hope would. Our relationship continued all of my freshman year,\u201d said DeMichele. After it ended \u2014 in part because Wittig\u2019s wife had gotten pregnant \u2014 Penn launched an ombudsman\u2019s investigation into a rumor that Wittig had had inappropriate sexual contact with undergraduates. He was forced to resign. But Wittig continued to coach, including for the U.S. Olympic women\u2019s rowing team. In 2001, he was appointed to the Pennsylvania Board of Education by then-Governor Tom Ridge. He became the chairman in 2011. Wittig resigned in 2017 following the allegations. At the time, he denied them, saying he was only resigning in order to spare Governor Tom Wolf any embarrassment. But in his interview with the U.S. Center for SafeSport, Wittig admitted to having an ongoing sexual relationship with DeMichele. In a copy of the report given to Keystone Crossroads by a source close to the investigation, Wittig said that the age difference was not a concern at the time \u201cbecause of how Annette carried herself. It was a different time. Kids were much more mature 2/17/25, 12:36 Pa. school board president sanctioned for sexual misconduct against minors 3/8 Share this Brought to you by Keystone Crossroads then didn\u2019t ask for Annette\u2019s driver\u2019s license when she got into my bed and asked if can suck it,\u201d Wittig told investigators. He denied Dalgren\u2019s allegations, saying she might have been motivated by other women coming forward as part of the #MeToo movement. It \u201cmight be attractive\u201d to \u201clatch onto the limelight with Annette,\u201d he said, calling it \u201cthe only possible explanation can think of.\u201d DeMichele, who was interviewed as part of the SafeSport investigation, was able to read a summary of Wittig\u2019s interview. In it he says he was \u201clivid\u201d that he had to resign from Penn after their relationship was discovered. \u201cHe was angry about this, which is just mind blowing,\u201d said DeMichele. \u201cHe seems not to have an appreciation for the fact that a 32-year-old married coach should not be having sexual relationships with student athletes or underage women at all.\u201d She is pleased about the results of the SafeSport investigation, particularly since many in Tamaqua, where Wittig has been school board president for the past 25 years, seemed to dismiss her allegations. \u201cI\u2019m enormously relieved that at least he will not have the same potential for access to young women athletes now that SafeSport has banned him. But the fact that he still is the head of his local school board and has any kind of authority over young people is deeply troubling,\u201d she said think people in Tamaqua now who are supporters of his have seen good that he\u2019s done. But what they have trouble putting together with that is that someone like that can also be a sexual predator.\u201d Wittig is up for reelection in November. He easily advanced through the primary in May is your source for fact-based, in-depth journalism and information. As a nonprofit organization, we rely on financial support from readers like you. Please give today. a b d 2/17/25, 12:36 Pa. school board president sanctioned for sexual misconduct against minors 4/8 Keystone Crossroads Exploring the stories that matter across the commonwealth with all Pennsylvanians in mind. You may also like \u2018Fired\u2019: Controversy surrounds Christina School District as its longtime lawyer severs ties with its dysfunctional board The district\u2019s solicitor leaves after more than 20 years. 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Marshall Esq. | Mar 16, 2018 | 0 Comments In this era of women and men coming forward with details of past sexual assaults and harassment, along with the prevalence of the #metoo hashtag in social media, it can be easy to automatically deem the accused guilty. But it is important to remember that, unless the accused has admitted to the conduct, it must be proven beyond a reasonable doubt in a court of law mere accusation \u2013 as the infamous Duke lacrosse and University of Virginia fraternity rape cases demonstrated \u2013 does not make the allegations true. Those who have been targeted in a sexual assault or criminal sexual harassment investigation should seek the advice of a seasoned criminal defense attorney right away. An experienced lawyer can not only help to defend the legal aspects of the case, he can work to mitigate or deflect the negative media reports that can cause considerable damage to one's reputation even before the case goes to trial. In the long run, this can be as important as a not guilty verdict. In Pennsylvania, two recent, high-profile sexual assault and misconduct cases have demonstrated how damaging such allegations can be. One involves a state lawmaker and the other a school board and state education leader. Both cases have received considerable statewide media attention, and even before going to trial, have taken tolls on the men's reputations and bottom lines. When the press becomes involved, it can be easy for the public to think a defendant is guilty of a crime before they have their day in court. An experienced defense lawyer can help a Contact Us for a Free Consultation 814-308-8439 2/17/25, 12:36 Sexual assault must still be proven in a court of law | Law Offices of Lance T. Marshall 1/4 defendant through the stresses of public scrutiny, as well as those of the legal system. Anyone accused of a crime should seek the counsel of a lawyer before speaking with anyone, including law enforcement and the media. Source: The Inquirer, \u201cFormer Pa. education honcho Larry Wittig finds support despite sexual misconduct scandal,\u201d Tricia L. Nadolny, March 9, 2018 Share Tweet About the Author Lance T. Marshall Esq. Contact Me: 814-308-8439 Email me Biography The Law Office of Lance T. Marshall, P.C. is located in the heart of downtown State College, PA. Our practice is dedicated to family law. Education Dickinson School of Law of the Pennsylvania State University, Carlisle, Pennsylvania J.D. - 1... Comments There are no comments for this post. Be the first and Add your Comment below. Leave a Comment Name Email Message Like 0 Share Contact Us for a Free Consultation 2/17/25, 12:36 Sexual assault must still be proven in a court of law | Law Offices of Lance T. Marshall 2/4 Post Comment Search Blog Search Contact Our Firm Name * This field is required. Phone * Valid phone number required. Email * Valid email address required. Message * This field is required. Submit Contact Us for a Free Consultation 2/17/25, 12:36 Sexual assault must still be proven in a court of law | Law Offices of Lance T. Marshall 3/4 Office Location State College Law Office 250 E. Beaver Ave., Suite 774 State College 16801 814-308-8439 Copyright \u00a9 2025 Law Offices of Lance T. Marshall Terms of Use \u2022 Privacy Policy \u2022 Anti-spam Website by LawLytics Contact Us for a Free Consultation 2/17/25, 12:36 Sexual assault must still be proven in a court of law | Law Offices of Lance T. Marshall 4/4"} |
9,077 | Lars Jorgensen | University of Kentucky | [
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] | {"9077_101.pdf": "abuse-then-it-paid-him-to-quit/article_c294b0e6-2505-11ef-81e8-f3b2d880762b.html Kentucky was investigating \u2018predator\u2019 swim coach for sex abuse. Then it paid him to quit. John Cheves Lexington Herald-Leader Jun 9, 2024 University of Kentucky Athletics Director Mitch Barnhart. (Brian Simms/Lexington Herald-Leader/TNS) Brian Simms LEXINGTON, Ky. \u2014 On June 28, 2023, the University of Kentucky paid head swimming and diving coach Lars Jorgensen $75,000 to go away quietly. Privacy - Terms 2/17/25, 12:37 Kentucky was investigating \u2018predator\u2019 swim coach for sex abuse. Then it paid him to quit. | National Sports | keenesentinel.com 1/2 2/17/25, 12:37 Kentucky was investigating \u2018predator\u2019 swim coach for sex abuse. Then it paid him to quit. | National Sports | keenesentinel.com 2/2", "9077_102.pdf": "asks court to dismiss some claims against it in sexual abuse lawsuit brought by former swimmers 9, 2024 9:06 \ue671 \ue61b \uf39e \uf0e1 \uf0e0 \uf0c1 \uf02f \uf030 The pool at the University of Kentucky\u2019s Lancaster Aquatic Center. (Kentucky Lantern photo by Jamie Lucke) This story was updated Aug. 12 to include a statement from the plaintiffs attorney. One week after University of Kentucky President Eli Capilouto issued a statement saying allegations of sexual abuse by a former swimming coach were \u201cdeeply distressing to all of us,\u201d the university sought to distance itself from the case against Lars Jorgensen Friday by filing a motion to dismiss four of the six counts in which it was implicated in a lawsuit brought by former swimmers and coaches \uf002 2/17/25, 12:37 asks court to dismiss some claims against it in sexual abuse lawsuit brought by former swimmers \u2022 Kentucky Lantern 1/6 UK\u2019s attorneys argue the university is \u201cimmune\u201d from the claims of plaintiffs Briggs Alexander and Jane Doe based on the U.S. Supreme Court ruling the 11thAmendment \u201cbars a damages action against a state in Federal Court,\u201d absent a waiver from the state or a valid congressional override. Additionally says it bears no \u201cvicarious liability\u201d for Jorgensen\u2019s alleged misdeeds, contrary to two counts in the complaint. The motion to dismiss was made late Friday afternoon in U.S. District Court in Lexington. For legal precedent, UK\u2019s attorneys cited a 2000 case in which the Roman Catholic Diocese of Owensboro was not held liable for the adulterous affair between a priest and the wife of a parishioner he was counseling. In that case, the court ruled, the priest \u201cwas not advancing any cause of the diocese or engaging in behavior appropriate to the normal scope of his employment.\u201d In short is in sympathy with its swimmers who may have suffered during Jorgensen\u2019s tenure, but is unwilling to pay for any pain he inflicted athletic director Mitch Barnhart, whom Capilouto praised last week for \u201cmore than two decades of exemplary leadership and students-first approach,\u201d echoed the university\u2019s response in a joint filing submitted Friday. The lawsuit accused Barnhart of intentionally concealing allegations against Jorgensen. Former swimming coach Gary Conelly, who hired Jorgensen and was subsequently succeeded by him, also filed a motion to dismiss the counts against him, asserting he was immune from the suit as a university employee; that he was not indifferent to allegations against Jorgensen, contrary to the complaint, but investigated them at the time of his hiring; and that he could hardly be held responsible for conduct that occurred more than a decade after he left the university. \u201cThe motions to dismiss filed by the University of Kentucky, Mitch Barnhart and Gary Conelly bear no weight on the merits of the lawsuit we filed in April,\u201d plaintiffs attorney Megan Bonnani said in a prepared statement. \u201cThis is standard legal procedure and another way for the defendants to avoid accountability. We remain steadfast in our pursuit of justice on behalf of the brave plaintiffs who came forward about the sexual abuse and toxic environment they were forced to endure.\u201d In the lawsuit, Briggs Alexander, a former team captain and assistant coach, claims to have been raped four times by Jorgensen 2/17/25, 12:37 asks court to dismiss some claims against it in sexual abuse lawsuit brought by former swimmers \u2022 Kentucky Lantern 2/6 between 2009 and 2013. Alexander was then known as Bridgette Alexander. Jane Doe, another former swimmer and coach who has chosen anonymity, says Jorgensen was guilty of sexually abusing her third swimmer, identified in the complaint as Jane Doe 2, also claims to have been raped by Jorgensen but is not party to the lawsuit. Though Jorgensen told The Athletic \u201cnone of that is true\u201d when confronted with the allegations, docket records available online show Jorgensen has yet to submit a response to the amended complaint filed June 25. Nor is there a record of Jorgensen seeking an extension to his initial response deadline of July 26 call seeking clarification from Judge Karen Caldwell\u2019s office was not immediately returned. When the original complaint was filed on April 12 spokeswoman Kristi Willett said university police were \u201cin the process of assessing\u201d information received. Asked Friday about the possibility of criminal charges, Willett said, \u201cWe have no additional information with respect to that at this time.\u201d In his statement last week, Capilouto said the most serious allegations against Jorgensen \u201cwere only known to us\u201d once the lawsuit was filed, though Barnhart and Conelly received email warnings about Jorgensen\u2019s conduct with women when he was first hired in 2012. According to the lawsuit, UK\u2019s Title office received warnings about Jorgensen as early as 2015 or 2016 and was alerted to two complaints against him in August, 2019. Alexander said she contacted UK\u2019s Title office about Jorgensen\u2019s alleged abuses in May, 2023 thought could trust them,\u201d Alexander said during a Zoom press conference in April disclosed my abuse and thought it was being taken care of. And months went by and never heard anything back. So reached out was just repeatedly discouraged and vigorously discouraged to not come forward and not publish this reporting. That\u2019s what\u2019s hurting me the most at this moment. \u201cTitle offices are there to protect student-athletes. When our coaches aren\u2019t protecting us in the situation (Jorgensen) wasn\u2019t, we should have been able to trust the Title office and none of us could.\u201d Reforms planned at 2/17/25, 12:37 asks court to dismiss some claims against it in sexual abuse lawsuit brought by former swimmers \u2022 Kentucky Lantern 3/6 Capilouto acknowledged the need to do better in his statement last week, announcing numerous reforms and underscoring the athletics administration\u2019s responsibility to report allegations as soon as they become aware of them. Among the university\u2019s new initiatives are the hiring of additional personnel to investigate allegations of sexual harassment or misconduct and an emphasis on better caseload and records management to help ensure sexual harassment and misconduct cases are investigated and resolved more swiftly. Other changes include more robust pre-employment screening, and those found responsible for significant violations will be ruled \u201cnot eligible for rehire\u201d in personnel files. In addition, all university employment contracts will now include language laying out the consequences for failure to report sexual harassment or misconduct. \u201cMitch and are sickened by allegations that members of the community suffered harm because of the actions of someone entrusted to protect and empower our student athletes and staff,\u201d Capilouto said. \u201cWe will not tolerate abuse, and neither should anyone who is a member of our community 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 Formerly a sports columnist at the Louisville Courier-Journal, the San Diego Union-Tribune and the Cincinnati Enquirer, Tim Sullivan is semi- retired after nearly half a century in newspapers, but remains eager to chase good stories. His work has appeared in the New York Times, Golf Digest and the Blood-Horse, among other publications. 2/17/25, 12:37 asks court to dismiss some claims against it in sexual abuse lawsuit brought by former swimmers \u2022 Kentucky Lantern 4/6 April 20, 2024 December 11, 2024 Factual, fair, independent journalism. Kentucky Lantern is 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.) \uf39e \ue671 \uf179 \u00a9 Kentucky Lantern, 2025 v1.74.4 Warnings ignored, says sex abuse lawsuit filed by former University of Kentucky swimmers Hospital spot sought for mentally ill Kentucky woman in prison isolation 2/17/25, 12:37 asks court to dismiss some claims against it in sexual abuse lawsuit brought by former swimmers \u2022 Kentucky Lantern 5/6 FAIR. FEARLESS. FREE. 2/17/25, 12:37 asks court to dismiss some claims against it in sexual abuse lawsuit brought by former swimmers \u2022 Kentucky Lantern 6/6", "9077_103.pdf": "Kentucky accused of \u2018complicity\u2019 as former swim coach allegedly committed sexual violence Katie Strang Apr 12, 2024 In August 2019, two swim coaches at San Jose (Calif.) State reported allegations they had heard about University of Kentucky head swimming coach Lars Jorgensen to a Title officer at their school. The allegations were that Jorgensen had been in a relationship with one of his swimmers at an earlier coaching stop and that he had sexually assaulted a woman on the swim staff at Kentucky. The Title officer at San Jose State then alerted a counterpart at Kentucky. It was at least the third time Kentucky was made aware or should have been aware of an allegation of misconduct by Jorgensen. In June 2012, Mark Howard, a former assistant swimming coach at the University of Toledo, sent separate emails to Gary Conelly, then Kentucky\u2019s head swim coach, and athletic director Mitch Barnhart. \u201cThis is no joke at all and cannot stomach the fact that (Jorgensen) will be coaching women again,\u201d Howard wrote to Conelly, who Log In Subscribe College Sports 2/17/25, 12:37 Kentucky accused of \u2018complicity\u2019 as former swim coach allegedly committed sexual violence - The Athletic 1/12 had recently added Jorgensen as an associate head coach. He informed both men that a swimmer had told him that she had been in a sexual relationship with Jorgensen while he coached her at Toledo. In October 2014, a former Toledo softball coach repeated the allegation that Jorgensen had been in a \u201clong-term romantic relationship\u201d with a student-athlete in a wrongful termination lawsuit she filed against that school. The allegation appeared in news articles about the lawsuit and was discussed by some team members at Kentucky, where Jorgensen had ascended to head coach. After the San Jose State official alerted Kentucky in 2019 about the allegations made against Jorgensen, the office that handles Title complaints compiled an initial report, which was marked \u201cnot urgent.\u201d After Jorgensen denied wrongdoing and the swim staffer he allegedly sexually assaulted declined to speak to a school official, the matter was deemed \u201cclosed\u201d after a week. Last June, Kentucky announced Jorgensen\u2019s resignation in a press release. No reason was given for his exit. It went unsaid that one former Kentucky swimmer reported enduring \u201cyears of sexual assault, abuse and harassment\u201d by Jorgensen to the school, and that a former staff member disclosed that Jorgensen \u201cphysically violated\u201d her. Another former Kentucky swimmer informed a school official after Jorgensen resigned that she wanted to report a \u201cforced sexual assault\u201d by Jorgensen. Two of those team members said the abuse spanned multiple years. All three have spoken to the U.S. Center for SafeSport, which is investigating Jorgensen. On Friday, two of the former team members filed a lawsuit against Jorgensen, Kentucky, Barnhart and Conelly in U.S. District Court for the Eastern District of Kentucky. According to the complaint, Kentucky\u2019s \u201ccomplicity and deliberate indifference\u201d enabled Jorgensen \u201cto foster a toxic, sexually hostile environment within the swim program and to prey on, sexually harass, and commit horrific sexual assaults and violent rapes against young female coaches and collegiate athletes who were reliant on him.\u201d \u201cWhen was a student-athlete gave my blood, sweat and tears to the school. \u2026 But in reality, what was it worth?\u201d said Briggs Alexander, a former team captain and assistant coach at and one of the plaintiffs. \u201cThey took so much from me.\u201d Based on interviews, documents obtained from via a records request, and the complaint, the allegations against Jorgensen include: 2/17/25, 12:37 Kentucky accused of \u2018complicity\u2019 as former swim coach allegedly committed sexual violence - The Athletic 2/12 \u2022 He raped two members of the swim program following team Christmas parties at his home, raped one of those individuals in hotels on team trips and masturbated in front of that same person in his office. \u2022 He sent a member of the women\u2019s swim team photos showing his erect penis and videos of him masturbating, and he sent suggestive messages to swimmers over social media. \u2022 He told personal sex stories to swim team members and talked about women he wanted to have sex with. He asked swimmers about their sexual experiences, and he commented on their breast size and how they looked in swimsuits. He inquired about swimmers\u2019 menstrual cycles and asked one team member if she was on birth control. \u2022 Jorgensen implemented punishment workouts, in violation of policy, made degrading comments and body-shamed swimmers. He also withheld food from athletes after poor performances and assigned extra workouts to swimmers whose body fat percentage exceeded a limit he determined. He told one swimmer she reminded him of \u201cfat people that walked around the mall.\u201d Jorgensen, 53, was provided a detailed account of the allegations against him in a phone interview Wednesday. He responded: \u201cNone of that is true, so don\u2019t really have much further comment. I\u2019ve always tried to lead in a positive manner and do what\u2019s best for each individual and the team overall Kentucky spokesperson wrote in an email: \u201cMr. Jorgensen is no longer an employee of the University of Kentucky. We do not, as a matter of policy, discuss specific personnel issues.\u201d The spokesperson added that the university takes concerns raised about potential employees or current employees \u201cvery seriously.\u201d Barnhart did not respond to a request for comment. Conelly said that in 2012 he contacted the woman at Toledo alleged to have been in a relationship with Jorgensen. He said that she told him she began dating Jorgensen only after she stopped swimming (information Conelly said he shared with a Kentucky athletic department official). Asked if it concerned him that Jorgensen dated a subordinate who had so recently been a student-athlete, Conelly added: \u201cYeah, that bothers me a little bit. But I\u2019m sure you know this \u2013 this is not an uncommon occurrence that there is a relationship between a coach and an ex-swimmer.\u201d 2/17/25, 12:37 Kentucky accused of \u2018complicity\u2019 as former swim coach allegedly committed sexual violence - The Athletic 3/12 Jorgensen competed as a 17-year-old in the 1988 Olympics in Seoul, South Korea, finishing 23rd in the 1,500 freestyle. He then swam at the University of Tennessee before graduating in 1994, then stayed with the Vols as a graduate assistant coach. Following stints at swim clubs in Maryville, Tenn., and in his hometown of San Diego, he was hired in 1999, at age 28, as an assistant coach at LSU. He remained there until 2004, when Toledo gave him his first head coaching job. Toledo finished sixth in the Mid-American Conference in Jorgensen\u2019s first season. By his last (2009-10), the Rockets were league champions. Two Toledo swimmers said they heard only after graduating that Jorgensen, as alleged in the 2014 lawsuit, may have been in a romantic relationship with one of their teammates. In Jorgensen\u2019s final season at Toledo, swimmers gossiped about him and that woman, who had remained Kentucky announced Jorgensen\u2019s resignation in a press release last June. No reason was given for his exit. (Jack Spitser) 2/17/25, 12:37 Kentucky accused of \u2018complicity\u2019 as former swim coach allegedly committed sexual violence - The Athletic 4/12 at the school as an assistant coach after her eligibility expired. Players recalled her staying behind with Jorgensen after the team\u2019s Christmas party at his house, and they would sometimes see the two arrive at early morning practices together. In response to the 2014 lawsuit, which was settled the next year, the school said it \u201clacks knowledge or information sufficient to form a belief as to the truth of the (allegation).\u201d The woman did not respond to The Athletic\u2019s interview requests. In 2010, Jorgensen resigned from Toledo and returned to Tennessee. It positioned him to succeed John Trembley, who had coached Jorgensen in college. In January 2012, Trembley was fired after he sent sexually explicit messages from his university email account. Jorgensen took over as interim head coach but was not given the head job permanently. Kentucky then hired him in June 2012, putting him in line to succeed Conelly, which he did about a year later. In December 2013, Jorgensen held a team Christmas party at his home. As the guests departed, he asked a swim team staffer about 20 years his junior to stay behind to help clean up. When they were alone, according to the complaint and interviews with that woman, Jorgensen grabbed her, pulled her into his bedroom and raped her. The woman told Jorgensen \u201cno\u201d and screamed for him to stop. She told The Athletic that she passed out and that when she woke up later, she drove herself home. The next day, the woman said Jorgensen showed up at her door with flowers and chocolate. He sobbed, telling her it would never happen again. But Jorgensen continued to abuse the staffer, according to the complaint and interviews. He\u2019d call her into his office under the guise of talking about the team, and then he would masturbate in front of her. He\u2019d grope her under the table during staff dinners. The complaint states that he \u201cforcibly raped\u201d her on multiple occasions over the next two years; she told The Athletic that occurred in hotel rooms during team trips. She said Jorgensen repeatedly told her if she told anyone no one would believe her and it would jeopardize her future in swimming felt like didn\u2019t have a voice felt like if told people wouldn\u2019t be able to be in a profession was so passionate about and loved. That was held over my head and was told that quite often,\u201d she said. (Years later, the woman disclosed the incidents to her now-husband, who corroborated that disclosure in an interview with The Athletic. Around this time, she also emailed Jorgensen in advance of a meet they would both be attending and said she didn\u2019t want to have any communication with him.) 2/17/25, 12:37 Kentucky accused of \u2018complicity\u2019 as former swim coach allegedly committed sexual violence - The Athletic 5/12 The staffer left the program in 2016 for a job at a less prominent program. She told multiple members of the swimming team that she wanted to be closer to home was just kind of in survival mode,\u201d the woman said had lost a lot of weight think was coming to terms with what was going on and didn\u2019t know how to handle it other than leave.\u201d One of the swimmers who recalled being surprised by the staffer\u2019s exit was Briggs Alexander, who had recently finished her sophomore season. (Alexander swam on the women\u2019s team at Kentucky but later transitioned while serving as an assistant coach. At Alexander\u2019s request, The Athletic is using gender pronouns that correspond with his transition timeline because he wants the reader to understand \u201cwho was in the moment when was being abused.\u201d) By the 2016-17 season, Jorgensen had \u201cgroomed\u201d Alexander, the complaint alleges: \u201cJorgensen isolated Alexander, sought to gain her trust, strove to control every facet of her life, and repeatedly made sexualized comments in an attempt to desensitize sexual topics.\u201d If Alexander rebuffed Jorgensen in any way, he threatened to stop coaching her, imperiling her swimming career and Olympic aspirations. Alexander described feeling like \u201cPavlov\u2019s dog,\u201d conditioned to comply with Jorgensen\u2019s demands. Alexander said Jorgensen asked her to download Snapchat so they could communicate while Alexander competed at the 2017 World University Games in Taiwan. In the months that followed, according to the complaint and interviews with Alexander, Jorgensen sent sexually graphic photos showing his erect penis and videos of him masturbating. Alexander said that she sent a few topless photos to Jorgensen, afraid that if she didn\u2019t reciprocate she\u2019d be punished at practice. Eventually, Alexander deleted Snapchat. In 2017-18, Alexander\u2019s final season, Jorgensen suggested that Alexander remain at Kentucky and become an assistant coach. Jorgensen would take Alexander, who was by then working on her master\u2019s degree, out to dinner under the guise of career planning. During these outings, he\u2019d hug Alexander, kiss her on the forehead and put his arm around Alexander\u2019s waist, according to the complaint and interviews. In December 2019, Alexander, then a volunteer assistant coach, said she was wiping down a counter after the team\u2019s annual Christmas party at Jorgensen\u2019s home, helping to clean up at Jorgensen\u2019s request, when Jorgensen began groping her. According to 2/17/25, 12:37 Kentucky accused of \u2018complicity\u2019 as former swim coach allegedly committed sexual violence - The Athletic 6/12 the complaint and interviews, Alexander tried pulling away and telling him to stop but Jorgensen brought her into a bedroom, pinned her down by the wrists and raped her. When she tried leaving later, Alexander said Jorgensen grabbed her arm and threatened her if she told anyone what happened. During the 2019-20 season, Alexander began dating a woman, which Alexander said Jorgensen fixated on. According to the complaint and interviews, Jorgensen twice raped Alexander at Jorgensen\u2019s home in the spring of 2020 \u2013 once in March 2020 at his home while \u201cpinning her down by the neck\u201d and later that spring on his couch at home. Alexander left to coach at the University of Buffalo for the 2020-21 season, but Jorgensen kept in contact. According to the complaint and interviews, Jorgensen sexually harassed her, asking Alexander for photos and videos of Alexander engaging in sex acts with her girlfriend; Alexander refused. In April 2021, Jorgensen offered Alexander a job at Kentucky, a full-time coaching job that included a significant pay raise. Alexander was reluctant to return but was also unhappy in Buffalo. Before she accepted the position at UK, Alexander said she made Jorgensen promise their relationship would remain strictly professional. But according to the complaint, Jorgensen sexually assaulted Alexander on multiple occasions once Alexander returned, which included groping him at a staff dinner and raping him on one occasion during the 2021-22 season. By this time, Alexander had begun transitioning and said Jorgensen seemed to grow increasingly \u201cmore aggressive with him,\u201d according to the complaint and interviews. Jorgensen told Alexander he knew what Alexander actually liked sexually. \u201cIt was almost as if was writing with my left hand as a child \u2026 and my mom would put the marker in my right hand to correct the behavior,\u201d Alexander said. (Alexander later disclosed details of Jorgensen\u2019s alleged abuse to his fiance and victim\u2019s advocate Rachael Denhollander, both of whom corroborated those disclosures.) Alexander resigned from his coaching position in May 2022 but Jorgensen continued to sexually harass him and sexually assaulted Alexander one more time in April 2023, forcing Alexander to perform oral sex on him, according to the complaint. It stopped after Alexander threatened to go to the police. Alexander said the support from his now-fiance, Julia Vincent, a two-time Olympian and former volunteer assistant coach 2/17/25, 12:37 Kentucky accused of \u2018complicity\u2019 as former swim coach allegedly committed sexual violence - The Athletic 7/12 for Kentucky\u2019s diving team, was essential lot of the strength for me came from Jules. We were in this together,\u201d Alexander said. The third person who accused Jorgensen of wrongdoing, a former swimmer and team captain, was, according to the complaint, groomed similarly to Alexander. Jorgensen \u201csought to assert control over (her) personal life\u201d and he \u201cwould often punish her by embarrassing her at practice\u201d if she did not respond to his many calls. He also frequently talked to her about her body and sex and asked her if she was having sex with her boyfriend. In December 2022, the woman, then a volunteer coach, said Jorgensen took her to dinner for what he said was a discussion about her future in coaching. After dinner, he asked her to come inside his home to discuss a book he said he was working on about leadership and team culture. Once inside, she said he asked sexually explicit questions and tried to kiss her, according to the complaint and interviews. He also groped her breast, buttocks and thigh. She repeatedly told him to stop and pushed him away. He told her he thought she\u2019d be good at sex and said: \u201cWhat did you expect when you came over here?\u201d She told him she had to leave and exited. The next day, she sent Jorgensen a text that read: \u201cLars want to let you know that what happened last night was not fun for me\u2026 You have a position of power over me and touching me, asking for sexual favors, and asking sexual questions is unprofessional do not want you to pursue me in any sexual or harassing way again.\u201d Jorgensen pleaded with her via text to discuss the incident over the phone and asked if she could meet for coffee or dinner. They later spoke on the phone, and the woman said Jorgensen cried, telling her he was upset another assistant coach was leaving and that he wasn\u2019t acting like himself. He said it would never happen again and offered her a paid coaching position, which she later accepted, on her condition that he adhered to professional boundaries didn\u2019t know it was a pattern,\u201d said the woman, who left after the season for a coaching position elsewhere. 2/17/25, 12:37 Kentucky accused of \u2018complicity\u2019 as former swim coach allegedly committed sexual violence - The Athletic 8/12 By April 2023, Kentucky\u2019s compliance department was probing whether Jorgensen violated rules related to punishment swims and non-voluntary practice hour overages. \u201cWe were just getting tons of complaints from athletes,\u201d a compliance official commented in one document, obtained via a public records request. (Jorgensen was previously suspended for one week for similar violations of rules, which occurred during the 2021-22 season.) As word of the compliance review spread, more alumni of the program contacted the school about Jorgensen\u2019s conduct. In one anonymous email sent to Barnhart, the athletic director, on May 14, 2023, a woman who said that she swam for Jorgensen for four years accused him of running punishment workouts, making degrading comments, explosive outbursts and routine body-shaming. The woman also wrote that Jorgensen \u201ccontinuously demonstrated inappropriate relationships with female Jorgensen swam at the University of Tennessee before graduating in 1994, and returned as a coach in 2010. (Jack Spitser) 2/17/25, 12:37 Kentucky accused of \u2018complicity\u2019 as former swim coach allegedly committed sexual violence - The Athletic 9/12 swimmers during his time at Kentucky\u201d including sending suggestive messages to swimmers via social media. That email was forwarded to Kentucky\u2019s compliance department on May 16. Around that time, the former staffer who said Jorgensen sexually assaulted her in 2013 contacted Alexander on Instagram. She had heard Jorgensen was being investigated and asked Alexander about his time swimming and coaching with him. Eventually, they shared their experiences regarding Jorgensen and expressed a desire to stop him from working with other athletes. The former staffer then sent an email to three school officials in which she called Jorgensen \u201ca predator to young women in the (sport).\u201d In that email, she accused Jorgensen of sexual harassment, body shaming, and said Jorgensen would show up at her apartment unannounced and uninvited. She wrote that Jorgensen \u201cphysically violated\u201d her at a Christmas party at his condo. That staffer, along with other team members, described in interviews with The Athletic how Jorgensen assigned swimmers a set body-fat percentage \u2013 it ranged from 10 to 16 percent \u2013 and if they failed to meet that benchmark they would be assigned extra training and/or told to not eat. According to the complaint, Jorgensen closely monitored their caloric intake and the swimmers\u2019 \u201cdangerously low body fat percentages\u201d often resulted \u201cin the cessation of their menstrual cycles.\u201d Jorgensen told some swimmers that they performed better when hungry, and he withheld food from swimmers after poor performances. Two individuals told of an instance when the team had to wait on the bus outside a fast-food restaurant while only the coaches went in and ate. On June 1, Barnhart notified Jorgensen that he was suspended pending an investigation. On June 15, Alexander had a Zoom call with a Title official and told about his experience with Jorgensen. Less than two weeks later, on June 28, Jorgensen resigned from his job, taking a settlement worth $75,000, forgoing the $402,500 remaining on his contract through the 2024-25 season. About four months later, the former team captain and assistant coach who said Jorgensen sexually assaulted her at his home in December 2022, emailed the school\u2019s interim Title coordinator, writing that Jorgensen was a \u201cdangerous man\u201d and that she wanted to report a forced sexual assault. That official wrote back that since Jorgensen was no longer employed by UK, the school\u2019s office of Institutional Equity and Equal Opportunity had no jurisdiction to investigate, but said she could file a 2/17/25, 12:37 Kentucky accused of \u2018complicity\u2019 as former swim coach allegedly committed sexual violence - The Athletic 10/12 Katie Strang is a senior enterprise and investigative writer for The Athletic, specializing in covering the intersection of sports and social issues, with a focus on sexual abuse and gendered violence. She previously worked at ESPN. You can contact her at katie@theathletic.com. Follow Katie on Twitter @KatieJStrang National Boxing Men's World Cup Arizona Memphis Canada Calgary Subscribe Start Subscription report with the local police department or her current employer. Three days later, that same official reversed course, writing that the office wanted her statement on file. The conflicting messages, as well as correspondence in the ensuing months in which she felt officials were being evasive about what they would do with the information she shared, prompted her to instead pursue an investigation with the U.S. Center for SafeSport have lost all confidence that is capable of handling such an investigation,\u201d the woman said in an email to an official. According to the complaint, the other two swim team members felt they were \u201cvigorously discouraged\u201d by a Title officer from reporting Jorgensen\u2019s abuse. They have also spoken to SafeSport investigators. Jorgensen\u2019s name now appears in the SafeSport disciplinary database for \u201callegations of misconduct\u201d with temporary restrictions that include no unsupervised coaching, training and contact with athletes. The Kentucky spokesperson wrote in an email: \u201cIt is entirely up to the victim or complainant to decide whether they want to participate in such a review or not. Part of ensuring the well-being of our people is giving them the opportunity to decide whether they want to participate in an investigation of this kind.\u201d In November, Alexander and one of the other former swim team members retained attorneys Megan Bonanni and Channing Robinson-Holmes of Pitt McGehee Palmer Bonanni & Rivers. \u201cHe had so much power over me don\u2019t want any athlete to feel like they have no control in their life,\u201d said Alexander, currently a doctoral student at Kentucky. \u201cThey have a voice. You\u2019re not an athlete. You\u2019re a person.\u201d (Top image: Eamon Dalton / The Athletic; Photo: iStock) 2/17/25, 12:37 Kentucky accused of \u2018complicity\u2019 as former swim coach allegedly committed sexual violence - The Athletic 11/12 Bundesliga Champions League Championship College Football College Sports Copa America Copa del Rey Culture Europa League European Championship Cup Fantasy Baseball Fantasy Basketball Fantasy Football Fantasy Hockey Fantasy Premier League Formula 1 Gaming Golf International Football La Liga League Cup League One League Two Memorabilia & Collectibles Men's College Basketball Mixed Martial Arts Motorsports Olympics Opinion Premier League Scottish Premiership Serie Soccer Sports Betting Sports Business Tennis Top Sports News Women's Football Women's College Basketball Women's Euros Women's Hockey Women's World Cup The Athletic Ink Podcasts Headlines Atlanta Baltimore Bay Area Boston Buffalo Carolina Chicago Cincinnati Cleveland Columbus Dallas Denver Detroit Houston Indiana Jacksonville Kansas City Las Vegas Los Angeles Miami Minnesota Nashville New Orleans New York Oklahoma Oregon Orlando Philadelphia Pittsburgh Sacramento San Antonio San Diego Seattle St. Louis Tampa Bay Utah Washington Wisconsin Edmonton Montreal Montr\u00e9al (fran\u00e7ais) Ottawa Toronto Vancouver Winnipeg Partners Collectibles by eBay Odds by BetMGM Tickets by Viagogo Buy a Gift Student Discount Group Subscriptions About Us Careers Code of Conduct Editorial Guidelines Business Inquiries Press Inquiries Support Forgot Password? Redeem Gift Contact Us Terms of Service Newsletters The Pulse The Bounce The Windup Prime Tire Full Time Until Saturday Scoop City The Athletic MoneyCall \u00a92025 The Athletic Media Company New York Times Company Privacy Policy Your Ad Choices Support Sitemap 2/17/25, 12:37 Kentucky accused of \u2018complicity\u2019 as former swim coach allegedly committed sexual violence - The Athletic 12/12", "9077_104.pdf": "Comments: 10 SwimSwam Subscribe to Newsletter Advertise Email Us Submit a Story Submit a Job Submit a College Recruit SwimSwam Store \ue06aSubscribe to SwimSwam Magazine f 1 \u00dc x \ue06d 10 College, National, News May 03rd, 2024 Lars Jorgensen has re-entered the U.S. Center for SafeSport Disciplinary Database in the wake of a lawsuit filed against the former University of Kentucky coach last month Search SwimSwam Jorgensen has re-entered the SafeSport database after he initially was added in November in the wake of his resignation from Kentucky. Archive photo via Jack Spitser/Spitser Photography 26TH 2/17/25, 12:37 Lars Jorgensen Suspended By SafeSport Amid Sexual Abuse Lawsuit 1/8 Jorgensen, 53, has been given a temporary suspension by SafeSport for allegations of misconduct on April 22 with a \u201cno contact directive(s)\u201d. He is registered under both Swimming and the U.S. Tennis Association. On Friday, April 12, a lawsuit was filed alleging the University of Kentucky was complicit in allowing Jorgensen \u201cto foster a toxic, sexually hostile environment within the swim program and to prey on, sexually harass, and commit horrific sexual assaults and violent rapes against young female coaches and collegiate athletes who were reliant on him.\u201d The lawsuit came in the wake of Jorgensen resigning from his post as head coach of the Wildcats\u2019 swim & dive program last summer amid a reported investigation for compliance violations. He received a $75,000 settlement and foregoed the rest of the $402,500 left on his contract through the 2024-25 season. This past November, five months after his resignation, Jorgensen was entered into the SafeSport Datatabse with allegations of misconduct and temporary restrictions including \u201cno unsupervised coaching/training, contact/communication limitation(s),\u201d and \u201cno contact directive(s).\u201d That entry into the database was removed before he was re-added last month. Jorgensen and his lawyer have denied the allegations, which include two of his former swimmers turned assistant coaches alleging that he groomed and eventually raped them 2025 5A 2/17/25, 12:37 Lars Jorgensen Suspended By SafeSport Amid Sexual Abuse Lawsuit 2/8 Jorgensen claims that the relationships he had with the two coaches, one of which is Briggs Alexander, were consensual. That contradicts what Alexander and the unnamed coach referred to as Jane Doe claim in the lawsuit, calling Jorgensen \u201ca serial sexual predator.\u201c \u00ab Weekly Wonders of Age Group Swimming: 5/3/2024 Junhao Chan, a Member of the Singapore National Team, Commits to for Fall 2024 \u00bb \uf0e0 Subscribe \uf0d7 10 10 { } [ + ] Join the discussion \uf0e7 \uf06d newest \uf0dd Jess Thank God my kid chose to swim elsewhere. Has no one learned from the Gymnastics-Nasser travesty hope all of his victims get justice. 2 -1 Reply \uf017 9 months ago 2/17/25, 12:37 Lars Jorgensen Suspended By SafeSport Amid Sexual Abuse Lawsuit 3/8 I_Said_it \uf086Reply to \uf017 9 months ago Given the number of articles on a weekly basis about coaches getting busted for something related to things like this would say the answer to that question is \u201cno\u201d 1 -1 Reply Jess Marie As he should have been a year ago. 10 -2 Reply \uf017 9 months ago Greg \uf086Reply to \uf017 9 months ago Yeah why so late 1 -1 Reply Marie Flybkbrfr Just asking: has Lars been convicted of a crime? 8 -7 Reply \uf017 9 months ago Sleepy \uf086Reply to \uf017 9 months ago Not yet; fwiw there is precedent for Safesport suspensions/bans even when criminal charges are dropped. \uf044Last edited 9 months ago by Sleepy 7 -1 Reply Flybkbrfr 2/17/25, 12:37 Lars Jorgensen Suspended By SafeSport Amid Sexual Abuse Lawsuit 4/8 Old Bruin The USTA? Huh? Anyone know what that\u2019s about? 4 -1 Reply \uf017 9 months ago Proboscus \uf086Reply to \uf017 9 months ago understand he plays tennis. 2 -1 Reply Old Bruin Jonathan Lars should\u2019ve been fired for cause and received no settlement. But guess the school decided to give Lars $75,000 to agree to resign and not sue Kentucky over his departure. 18 -2 Reply \uf017 9 months ago Texan \uf086Reply to \uf017 9 months ago When you want to be rid of someone like that, I\u2019m guessing $75,000 seems like a bargain to pay vs going through a long, drawn out battle. That obviously isn\u2019t the end of the story and there will be much more to pay to victims before it\u2019s done. It definitely sucks when someone commits atrocities like that and walks away with even a $1. But feel like this story could have been much worse than a $75,000 buyout. It feels like you never see someone get fired for cause and have them walk away with nothing. 19 -1 Reply Jonathan 2/17/25, 12:37 Lars Jorgensen Suspended By SafeSport Amid Sexual Abuse Lawsuit 5/8 100 2025 #20-11 PULSE: 46.7 SUB-59 100 56.8 100 James swam five years at Laurentian University in Sudbury, Ontario, specializing in the 200 free, back and IM. He finished up his collegiate swimming career in 2018, graduating with a bachelor's degree in economics. In 2019 he completed his graduate degree in sports journalism. Prior to going to Laurentian, James swam \u2026 Read More 2/17/25, 12:37 Lars Jorgensen Suspended By SafeSport Amid Sexual Abuse Lawsuit 6/8 ANYTHING? Subscribe to our newsletter and receive our latest updates! Your email address Subscribe LEVEL? Subscribe to SwimSwam Magazine! 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All rights reserved Disclaimer | Terms of Use & Privacy Policy 2/17/25, 12:37 Lars Jorgensen Suspended By SafeSport Amid Sexual Abuse Lawsuit 8/8", "9077_105.pdf": "'distressed' over ex-swim coach misconduct 305d College baseball preview: The storylines, teams and players to watch in 2025 3d Everything you need to know for the 2025 Clearwater Invitational: Players to watch, schedule, stats 4d - Erika LeFlouria College softball rankings: The top 25 teams after Week 1 5d Previewing the 2025 college softball season: Players to watch, key storylines and predictions 11d Nebraska play-by-play voice Sharpe dies at 61 2d hands volleyball coach extension after title 3d Judge denies slugger Osuna's injunction request 3d Women's flag football endorsed as emerging sport 4d Dept. of Ed: Title does not apply to athlete pay 5d - Paula Lavigne Holmoe retiring as after 20-plus years 5d Caps prospect Hutson upset BC, win Beanpot 6d Th ' d d b k f Apr 18, 2024, 02:35 Share LEXINGTON, Ky Kentucky spokeswoman said the school is \"distressed to hear disturbing allegations\" of sexual assault by former swimming and diving coach Lars Jorgensen outlined in a lawsuit by two former team members and will cooperate fully with law enforcement. Former swimmer and assistant coach Briggs Alexander and an unidentified woman filed the suit Friday in U.S. District Court against Jorgensen, the school and athletic director Mitch Barnhart, alleging sexual assaults including rape by the former coach. The suit also Associated Press Kentucky 'distressed' over alleged sexual misconduct by ex-swim coach 2/17/25, 12:37 Kentucky 'distressed' over alleged sexual misconduct by ex-swim coach 1/2 claims the school \"purposefully\" disregarded multiple credible reports of inappropriate sexual relationships and empowered Jorgensen to \"foster a toxic, sexually hostile environment\" and prey on, sexually harass and commit horrific sexual assaults Wednesday release from university spokeswoman Kristi Willett stated that the school contacted law enforcement upon learning details from the initial article reported by The Athletic. It added that no one should be subject to the abuse described in the lawsuit. \"Our top priority is the health and safety of our students and employees,\" the release stated. \"We have no tolerance for harm, harassment or abuse.\" \"To our employees, students and the entire University of Kentucky family, we want to be absolutely clear: we do not tolerate these types of behaviors,\" the release added. \"We will do everything possible to ensure the safety and well-being of our students, faculty and staff.\" The lawsuit also said Jorgensen's predecessor, Gary Conell, did not follow up after being told of previous alleged misconduct by the coach at Toledo. It also said that Barnhart did not follow up an email about allegations or investigate them and hired Jorgensen; he is also accused of intentionally concealing the allegations. Barnhart said Sunday that he couldn't comment on the matter because it is being litigated but noted, \"We always want to have safety for our student-athletes, our coaches and our staff.\" Terms of Use Privacy Policy Interest-Based Ads Enterprises, Inc. All rights reserved. 2/17/25, 12:37 Kentucky 'distressed' over alleged sexual misconduct by ex-swim coach 2/2", "9077_106.pdf": "\uf0e7133 weather alerts \uf54929 closings/delays \uf002 \uf26c Watch Now Quick links... By: Leigh Searcy , Morgan Eads Victim, attorneys discuss sex abuse lawsuit against former swim coach \uf09a\ue61b\uf0e0 Menu 2/17/25, 12:37 Victim, attorneys discuss sex abuse lawsuit against former swim coach 1/5 Posted 5:00 PM, Apr 17, 2024 and last updated 5:06 PM, Apr 17, 2024 The attorneys representing the plaintiffs in the lawsuit accusing former swimming and diving head coach Lars Jorgensen of sexual assault believe that more victims may come forward. The lawsuit was filed Friday by Briggs Alexander and a woman going only by Jane Doe against Jorgensen, the university athletics director Mitch Barnhart and former swimming head coach Gary Connelly. Alexander, two of his attorneys and advocate Rachael Denhollander spoke with reporters Wednesday in a virtual press conference to discuss the lawsuit and what they hope will come from it. Alexander identified as female at the time of the abuse, but has since transitioned to male. He asked that she/her pronouns be used when describing the abuse to align with his identity at that time. Alexander was 17 years old when she first met Jorgensen and said that the grooming started as soon as she moved to campus, not long after her high school graduation think that Lars abused me in a lot of different ways,\u201d Alexander said. \u201cEmotionally, spiritually, physically, sexually, and he did so under the guise of, he was doing what was best for me.\u201d The abuse culminated in multiple instances of rape, according to the lawsuit. The lawsuit states that Jorgensen also groomed and sexually assaulted Jane Doe. \u201cIn hearing about this case and particularly the allegations, the severity of these allegations, and the significant amount of time that coach Jorgensen was the head coach at the University of Kentucky, we are convinced and have reason to 2/17/25, 12:37 Victim, attorneys discuss sex abuse lawsuit against former swim coach 2/5 believe that there are more victims and that there are witnesses out there,\u201d said Megan Bonanni, one of the attorneys representing Alexander and Doe. \u2018Institutional failures\u2019 Bonanni said that, to her knowledge, the allegations in the lawsuit have not been brought to law enforcement. Alexander said that at the time of the abuse, Jorgensen made her feel that she wouldn\u2019t be believed if she came forward and that Jorgensen was well- connected. So, she went to the university\u2019s Title office thought could trust them went to them and disclosed my abuse and thought that it was being taken care of and months went by never heard anything back,\u201d Alexander said was just repeatedly discouraged and vigorously discouraged to not come forward.\u201d Denhollander spoke to an issue she sees at the center of cases of sexual abuse within universities. \u201cUntil we can deal with the institutional failures that allowed a predator like Lars and all of these other predators that have come before him in these other universities, until we can deal with those institutional failures, you might be able to get one coach out of the way, but you can\u2019t do anything about the person who rises to take his place,\u201d Denhollander said. Denhollander said needs to do an assessment of their policies, culture and practices to see what went wrong. \u201cWe can\u2019t protect the next generation until we are honest about what went wrong,\u201d Denhollander said University of Kentucky spokesman released a previous statement on the allegations, saying the university couldn\u2019t comment on personnel issues but 2/17/25, 12:37 Victim, attorneys discuss sex abuse lawsuit against former swim coach 3/5 that its issues are taken very seriously as \u201cthe welfare and well-being of all of our employees and students is a priority.\u201d On Wednesday, the university released a different statement, saying in part, \u201cwe are distressed to hear the disturbing allegations of sexual assault and criminal behavior by a former University of Kentucky employee. No one should be subject to the kind of abuse described in the civil lawsuit filed Friday.\u201d The statement also said that the university reached out to law enforcement after the details of the allegations were first reported by The Athletic, and that the university is cooperating with the investigation 18 confirmed that Police are currently investigating. During the press conference Wednesday, Alexander said that he decided to come forward after he heard from former teammates about their experiences in the program. \u201cWe go to college to train and to compete at the highest level in our sport because that\u2019s what we wanted to do,\u201d Alexander said. \u201cWe didn\u2019t want to do anything except to race in the blue and white.\u201d Alexander said he hopes that his coming forward will show anyone else who experienced abuse in the program to know it\u2019s safe to come forward and that they can lean on him and the team working with him on the lawsuit. \u201cWhether you believe in a god, or a universe, or an energy, whatever it may be think that we were put on that team together for a reason,\u201d Alexander said think that none of us deserve the environment that was created by our head coach. We were teammates at one point, and hope that we can be teammates through this.\u201d Copyright 2024 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. Report a typo 2/17/25, 12:37 Victim, attorneys discuss sex abuse lawsuit against former swim coach 4/5 News Weather Sports Health Community BounceTV CourtTV Grit Apps Support Sitemap Do Not Sell My Info Privacy Policy Privacy Center Journalism Ethics Guidelines Terms of Use Careers Public Files 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 Sign up to get your weekly dose of good news celebrating the best people and places in the Bluegrass! It's free and delivered right to your inbox! E-mail Submit \uf09a \uf16d \ue61b 2/17/25, 12:37 Victim, attorneys discuss sex abuse lawsuit against former swim coach 5/5", "9077_107.pdf": "Ex-Kentucky swim coach Lars Jorgensen accused of rape, sexual assault in lawsuit Published 1:54 p.m April 13, 2024 Ryan Black Louisville Courier Journal \u2014 Two former members of the Kentucky swimming and diving team filed a suit Friday in U.S. District Court. The suit, which names former coach Lars Jorgensen, former coach Gary Conelly, athletics director Mitch Barnhart and the university itself, alleges there was a \"toxic, sexually hostile environment\" within the swim program during Jorgensen's tenure. The suit further claims the university allowed Jorgensen \u201cto prey on, sexually harass, and commit horrific sexual assaults and violent rapes against young female coaches and collegiate athletes who were reliant on him.\u201d The Athletic was the first to report the allegations and lawsuit in a story that published Friday. The story detailed allegations of misconduct against Jorgensen, who was fired by last year after a 10-season tenure with the swimming and diving program. Kentucky Wildcats Add Topic 2/17/25, 12:37 Former Kentucky swim coach Lars Jorgensen accused of rape in lawsuit 1/1", "9077_108.pdf": "Lawsuit Accuses Ex-Kentucky Coach Lars Jorgensen of Sexual Assault; School Accused of \u2018Complicity\u2019 Photo Courtesy: Noah J. Richter (/) 2 2/17/25, 12:38 Lars Jorgensen Accused of Sexual Assault, School of 'Complicity' 1/4 ( by COM/) 12 April 2024, 05:24pm Lawsuit Accuses Ex-Kentucky Coach Lars Jorgensen of Sexual Assault, School Accused of \u2018Complicity\u2019 Several months ago, Lars Jorgensen resigned as head swim coach at the University of Kentucky with no reason given. But there was an investigation ( investigation/), which has now led to a lawsuit. The results of the investigation were reported by The Athletic ( with Kentucky being accused of \u201ccomplicity\u201d and Jorgensen accused of committing sexual assault. According to the report, the allegations against Jorgensen include raping two members of the swim program, masturbating in front of one of them, sending a picture of his genitalia and other suggestive messages to swimmers over social media. He was accused of raping the Kentucky staff member multiple times, the alleged victim told The Athletic felt like didn\u2019t have a voice felt like if told people wouldn\u2019t be able to be in a profession was so passionate about and loved. That was held over my head and was told that quite often,\u201d she said. Another former Kentucky swimmer reported a \u201cforced sexual assault\u201d by Jorgensen. All three alleged victims have spoken to the U.S. Center for SafeSport, which is investigating Jorgensen. Jorgensen responded to the allegations by telling The Athletic, \u201cNone of that is true, so don\u2019t really have much further comment. I\u2019ve always tried to lead in a positive manner and do what\u2019s best for each individual and the team overall.\u201d Two former Kentucky swimmers filed a lawsuit on Friday against Jorgensen, former Kentucky coach Gary Conelly and former athletic director Mitch Barnhart complaining about Kentucky\u2019s \u201ccomplicity and deliberate indifference\u201d that enabled Jorgensen to \u201cfoster a toxic, sexually hostile environment with the swim program and to prey on, sexually harass, and commit horrific sexual assaults and violent rapes against young female coaches and collegiate athletes who were reliant on him Kentucky spokesperson wrote in an email to The Athletic: \u201cMr. Jorgensen is no longer an employee of the University of Kentucky. We do not, as a matter of policy, discuss specific personnel issues.\u201d Read the full Athletic story here. ( 2 2/17/25, 12:38 Lars Jorgensen Accused of Sexual Assault, School of 'Complicity' 2/4 Post Comment \uf0e0 Subscribe \uf0d7 Welcome to our community. We invite you to join our discussion. Our community guidelines are simple: be respectful and constructive, keep on topic, and support your fellow commenters. Commenting signifies that you agree to our Terms of Use ( 2017.pdf) 2 Kathy Korleone \uf017 9 months ago Wonder what former swimmer Riley Gaines has to say about all this. She certainly is quite outspoken about other issues pertaining to swimming. 5 Reply Combat Johnny \uf017 9 months ago \uf086 Reply to Jealously toward Miss Gained is of a puke.\ud83e\udd22 up green .. doesn\u2019t look good on You -6 Reply Join the discussion \uf03e Name* \uf007 Email* \uf1fa \uf0f3 \uf0e7 \uf06d Oldest \uf0dd Kathy Korleone \uf077 Copyright \u00a9 2025. All rights reserved, Sports Publications, Inc. 2 2/17/25, 12:38 Lars Jorgensen Accused of Sexual Assault, School of 'Complicity' 3/4 2 2/17/25, 12:38 Lars Jorgensen Accused of Sexual Assault, School of 'Complicity' 4/4", "9077_109.pdf": "Read the full lawsuit against UK, former swim coach accused of sexual violence In a federal lawsuit filed Friday, former University of Kentucky swim team members accused Lars Jorgensen, the former head coach of Kentucky\u2019s swim and dive team of sexual violence and harassment. Jorgensen resigned in mid-2023, but at the time, the University of Kentucky did not disclose the reasons for his departure. The Lexington Times has obtained a copy of the full 103-page legal complaint. It can be read here. \ue6b6 Fri, April 12, 2024 2/17/25, 12:38 Read the full lawsuit against UK, former swim coach accused of sexual violence - The Lexington Times 1/3 Alexander Download It is important to note that a complaint represents only one side of a legal case and more information may come out if and when the case goes to trial. Lexington Times Web Editor Recommended Posts Burn restrictions in place as Kentucky spring wildfire season begins Burn restrictions in place as Kentucky spring wildfire season begins Fri, February 14, 2025 Skunk Tests Positive For Rabies In Stillwater Road Area Fri, February 14, 2025 2/17/25, 12:38 Read the full lawsuit against UK, former swim coach accused of sexual violence - The Lexington Times 2/3 This Week at the State Capitol Fri, February 14, 2025 About Facebook Instagram Google News Privacy Policy 2/17/25, 12:38 Read the full lawsuit against UK, former swim coach accused of sexual violence - The Lexington Times 3/3"} |
7,418 | Kristin Naca | Macalester College | [
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] | {"7418_101.pdf": "By By | | jverges@pioneerpress.com jverges@pioneerpress.com | Pioneer Press | Pioneer Press UPDATED: UPDATED: September 26, 2018 at 2:06 September 26, 2018 at 2:06 judge has cleared Macalester College of wrongdoing after it fired a faculty judge has cleared Macalester College of wrongdoing after it fired a faculty member for having sex with a recent graduate. member for having sex with a recent graduate. Kristin Naca, an assistant professor of poetry, sued the college in 2016 in U.S. Kristin Naca, an assistant professor of poetry, sued the college in 2016 in U.S. District Court on dozens of counts related to discrimination, hostile work District Court on dozens of counts related to discrimination, hostile work environment and disability accommodations. environment and disability accommodations. U.S. District Judge Patrick Schiltz last week rejected the final remaining claims U.S. District Judge Patrick Schiltz last week rejected the final remaining claims and dismissed the case at Macalester\u2019s request. and dismissed the case at Macalester\u2019s request. \u201cThis was extremely serious misconduct \u2014 and there is nothing at all \u201cThis was extremely serious misconduct \u2014 and there is nothing at all suspicious about a college terminating a professor for committing such suspicious about a college terminating a professor for committing such misconduct,\u201d he wrote. misconduct,\u201d he wrote Judge OKs Macalester\u2019s firing of Judge OKs Macalester\u2019s firing of professor who had sex with professor who had sex with student; attorney scolded student; attorney scolded 2/17/25, 12:41 Judge OKs Macalester\u2019s firing of professor who had sex with student; attorney scolded \u2013 Twin Cities 1/3 Naca was being considered for tenure in 2015 when the college solicited Naca was being considered for tenure in 2015 when the college solicited input from her former students. In response, a 2014 graduate came forward input from her former students. In response, a 2014 graduate came forward to accuse Naca of initiating a sexual relationship with her. to accuse Naca of initiating a sexual relationship with her. The student had studied under Naca for three years before Naca invited her The student had studied under Naca for three years before Naca invited her to her home, 11 days before her graduation. There, Naca asked the student to her home, 11 days before her graduation. There, Naca asked the student about a perceived attraction between the two and asked if she\u2019d like Naca to about a perceived attraction between the two and asked if she\u2019d like Naca to make a pass at her. make a pass at her. Three days after graduation, Naca again invited the student to her home and Three days after graduation, Naca again invited the student to her home and they began a sexual relationship that lasted several weeks. they began a sexual relationship that lasted several weeks. The student told college officials a year later that she felt pressured by Naca. The student told college officials a year later that she felt pressured by Naca. Naca argued the college had no prohibition against faculty having sex with Naca argued the college had no prohibition against faculty having sex with former students. former students. But Macalester found Naca had, with the first invitation to her home, But Macalester found Naca had, with the first invitation to her home, \u201cintended to set the stage for a sexual relationship.\u201d \u201cintended to set the stage for a sexual relationship.\u201d Naca alleged in her lawsuit that she was fired for discriminatory reasons \u2014 Naca alleged in her lawsuit that she was fired for discriminatory reasons \u2014 because she is a woman, a lesbian, a Filipina and Puerto Rican and a Santeria because she is a woman, a lesbian, a Filipina and Puerto Rican and a Santeria priestess. She also claimed the school failed to accommodate her when she priestess. She also claimed the school failed to accommodate her when she was suffering from valley fever, a fungal infection. was suffering from valley fever, a fungal infection. Schiltz found the college did make disability accommodations and that Naca Schiltz found the college did make disability accommodations and that Naca gave no evidence that her firing was pretextual. gave no evidence that her firing was pretextual. \u201cNaca\u2019s career was progressing smoothly. What changed after May 2015 was \u201cNaca\u2019s career was progressing smoothly. What changed after May 2015 was not (Naca\u2019s) race/ancestry, sex, sexual orientation, or religion; what changed not (Naca\u2019s) race/ancestry, sex, sexual orientation, or religion; what changed is that a former student made a formal complaint of sexual misconduct,\u201d the is that a former student made a formal complaint of sexual misconduct,\u201d the judge wrote. judge wrote. Naca claimed that she was not treated fairly compared with two white male Naca claimed that she was not treated fairly compared with two white male faculty members \u2014 one who married a former student, and another who was faculty members \u2014 one who married a former student, and another who was granted tenure despite secondhand claims that he sexually harassed various granted tenure despite secondhand claims that he sexually harassed various students. students. Schiltz found the cases were not comparable. Schiltz found the cases were not comparable. Naca previously had sued the student and her parents in state court for Naca previously had sued the student and her parents in state court for defamation. The case ended with a settlement agreement in which the defamation. The case ended with a settlement agreement in which the student had to write a letter asserting she never accused Naca of sexual student had to write a letter asserting she never accused Naca of sexual assault. assault. 2/17/25, 12:41 Judge OKs Macalester\u2019s firing of professor who had sex with student; attorney scolded \u2013 Twin Cities 2/3 2018 2018 \ue907 \ue907September September \ue907 \ue90725 25 Originally Published: Originally Published: September 25, 2018 at 4:13 September 25, 2018 at 4:13 In dismissing the federal case, Schiltz chided Naca\u2019s attorney, Peter Nickitas, In dismissing the federal case, Schiltz chided Naca\u2019s attorney, Peter Nickitas, for wasting \u201cdozens of hours\u201d of the judge\u2019s time by making claims that either for wasting \u201cdozens of hours\u201d of the judge\u2019s time by making claims that either were unsupported or inaccurately cited. were unsupported or inaccurately cited. Nickitas\u2019 initial 81-page complaint in the case was rejected for exceeding the Nickitas\u2019 initial 81-page complaint in the case was rejected for exceeding the judicial district\u2019s word limit. judicial district\u2019s word limit. And in February, after Nickitas had submitted multiple late or overly long And in February, after Nickitas had submitted multiple late or overly long motions in the case, Schiltz ordered him to pay Macalester $1,000 to motions in the case, Schiltz ordered him to pay Macalester $1,000 to compensate the college for attorney time. compensate the college for attorney time. Nickitas\u2019 final substantive filing, in response to Macalester\u2019s motion for Nickitas\u2019 final substantive filing, in response to Macalester\u2019s motion for summary judgment, measured one word short of the word limit. summary judgment, measured one word short of the word limit. 2/17/25, 12:41 Judge OKs Macalester\u2019s firing of professor who had sex with student; attorney scolded \u2013 Twin Cities 3/3", "7418_102.pdf": "8th Cir.: Prof fired not for disability bias but for illicit relationship with student Published Jan. 22, 2020 By Lisa Burden Contributor Hiram College Dive Brief sexual relationship with a work-study assistant was a legitimate, non-discriminatory reason for firing a poetry professor, the 8th U.S. Circuit Court of Appeals has ruled (Naca v. Macalester College, No. 18-3264 (8th Cir. Jan. 16, 2020)). Kristin Naca sued Macalester College after she was fired for violating the school\u2019s policy on student-teacher relationships, alleging the reason was pretext for disability discrimination. After a former student filed a complaint, the employer completed a \u201cformal investigation, a hearing, and at least five layers of review\u201d before firing her, according to court documents. The court noted that Naca was \u201ccompetitive for tenure\u201d until the student\u2019s complaint was received district court dismissed most of the claims Naca made in her complaint, granting the college summary judgment on her discriminatory discharge and failure-to-accommodate claims. The lower court said she hadn\u2019t made a prima facie case of discrimination and on appeal, the 8th Circuit said that even assuming she had, the college put forth a \u201clegitimate, non- 2/17/25, 12:41 8th Cir.: Prof fired not for disability bias but for illicit relationship with student Dive 1/3 discriminatory reason for termination \u2014 her sexual relationship with Doe that Naca does not counter with sufficient evidence of pretext.\u201d Dive Insight: Employers that act appropriately and quickly in responding to harassment complaints generally have a better chance of prevailing in court if the activity evolves into a lawsuit, experts say. The 10th Cir., for example, recently held that a Kansas City school district\u2019s response to an employee\u2019s report of sexual harassment was reasonable. The school investigated the accident, obtained written statements from those involved and fired those who it determined broke school policy. Similarly, in an instance in which there was extensive evidence of a hostile work environment created by co-workers, a district court determined the employer was not liable because it took prompt remedial action sufficiently calculated to stop the harassment. Within 24 hours of receiving a harassment complaint, the employer took several steps, including separating the complainant from the accused can be instrumental in creating and enforcing appropriate policies, holding wrongdoers accountable and promptly investigating all complaints. But a study by pelotonRPM found that many managers and other leaders are ill-prepared to deal with harassment claims, bullying, discrimination and other misconduct. For example, they often don\u2019t know what follow-up questions to ask workers who raise complaints and aren\u2019t always aware of \u2014 or don\u2019t always communicate \u2014 an employer\u2019s anti-discrimination and anti-harassment policies can help managers and themselves become better equipped to handle misconduct with thorough training. 2/17/25, 12:41 8th Cir.: Prof fired not for disability bias but for illicit relationship with student Dive 2/3 When approached with allegations of sexual harassment or other serious improper conduct, it\u2019s essential that launch a prompt and thorough investigation, employment law attorneys say. While there may be no definitive way to determine who is telling the truth in a given situation should do its best to review evidence and reach a well-reasoned conclusion, they advise. 2/17/25, 12:41 8th Cir.: Prof fired not for disability bias but for illicit relationship with student Dive 3/3", "7418_103.pdf": "From Casetext: Smarter Legal Research Naca v. Macalester Coll Sep 20, 2018 Case No. 16-CV-3263 (PJS/BRT) (D. Minn. Sep. 20, 2018) Copy Citation Download Check Treatment Meet CoCounsel, pioneering that\u2019s secure, reliable, and trained for the law. Try CoCounsel free Case No. 16-CV-3263 (PJS/BRT) 09-20-2018 NACA, Plaintiff, v COLLEGE, Defendant. Patrick J. Schiltz United States District Judge Peter J. Nickitas for plaintiff. Sean R. Somermeyer, Kathlyn E. Noecker, and Terran C. Chambers LLP, for defendant Peter J. Nickitas for plaintiff. Sean R. Somermeyer, Kathlyn E. Noecker, and Terran C. Chambers LLP, for Sign In Search all cases and statutes... Opinion Case details 2/17/25, 12:41 Naca v. Macalester Coll., Case No. 16-CV-3263 (PJS/BRT) | Casetext Search + Citator 1/39 defendant. Plaintiff Kristin Naca was employed as a \"Faculty Diversity Fellow\" and then as an assistant professor of poetry by defendant Macalester College (\"Macalester\"). Her career at Macalester progressed smoothly until May 2015, when Jane Doe, a 2014 graduate of Macalester, reported that Naca had solicited sex from her shortly before she graduated and began a sexual relationship with her shortly after she graduated. During Macalester's subsequent investigation, Naca admitted that she had invited Doe to her home a couple of weeks before Doe's graduation to discuss what Naca perceived as sexual tension between them and, during that discussion, had offered to \"make a pass\" at Doe. Naca further admitted that, three days after Doe graduated, Naca had again *2 invited Doe to her home, where the two engaged in the first of what became multiple sexual encounters. Macalester terminated Naca after conducting a formal investigation, holding a hearing, and putting the matter through several layers of review. 1 2 1 Jane Doe is a pseudonym. Naca responded by suing Jane Doe and her parents in state court for defamation and other claims. The parties eventually settled that lawsuit. While her state-court lawsuit was pending, Naca brought this action against Macalester in federal court, filing an 81-page complaint asserting 30 claims. The Court struck Naca's initial complaint for failure to comply with Fed. R. Civ. P. 8 and ordered Naca to file an amended complaint of no more than 10,000 words No. 6. Naca responded by filing a 50-page amended complaint alleging 35 claims, including 26 discrimination or hostile- environment claims based on race/ancestry, national origin, sex, sexual orientation, disability, and religion No. 8. The Court dismissed about two-thirds of Naca's claims as implausible No. 64, and Naca later voluntarily dismissed her claim for intentional infliction of emotional distress No. 100. 2 2 The last two counts were mislabeled \"Count XXV\" and \"Count No. 1 at 72. They should have been labeled \"Count XXIX\" and \"Count XXX.\" This matter is before the Court on Macalester's motion for summary judgment on Naca's remaining claims of (1) discrimination on the basis of 2/17/25, 12:41 Naca v. Macalester Coll., Case No. 16-CV-3263 (PJS/BRT) | Casetext Search + Citator 2/39 race/ancestry, national origin, sex, sexual orientation, disability, and religion; (2) failure to accommodate *3 disability; and (3) breach of contract. For the reasons that follow, Macalester's motion is granted and Naca's remaining claims are dismissed. 3 Before turning to the facts underlying the parties' dispute, the Court pauses to note that it has been unusually challenging to determine whether Naca's version of events is supported by evidence in the record because of two unfortunate tendencies of her counsel: First, he frequently asserts facts in his briefs with no record citation or with a citation to something that does not support the assertion (and may, in fact, be completely irrelevant to the assertion). Second, he often cites to the record in a manner that does not match the manner in which he organized his evidentiary submissions, making it difficult (and occasionally impossible) to locate the document or part of a document to which he is ostensibly referring. At oral argument, Naca's attorney offered a citation guide that cross-references citations by docket number and page, but that document itself has a number of citation errors and covers only a limited portion of the record. These two tendencies have combined to considerably slow the Court's progress through the record. Often, the Court has had to spend an inordinate amount of time trying to locate a document that Naca's counsel cites\u2014and then, having found the document, the Court has had to spend more time trying to decide if Naca's counsel *4 truly meant to cite the document. All in all, the inability of Naca's attorney to submit and cite to his exhibits in a coherent and accurate manner has caused the Court to waste dozens of hours of its time. 4 Having done its best to locate all of the evidence that supports Naca's claims, the Court will now proceed to describe Naca's version of events. The Court notes that Naca's version of events is strongly disputed by many of the people who will be mentioned in this order. For purposes of deciding Macalester's motion for summary judgment, however, the Court is required to treat Naca's version as true and draw all reasonable inferences in her favor. 2/17/25, 12:41 Naca v. Macalester Coll., Case No. 16-CV-3263 (PJS/BRT) | Casetext Search + Citator 3/39 A. Naca's Career at Macalester In 2008, shortly after getting a PhD in English, Naca accepted a position as a Faculty Diversity Fellow at Macalester. App. 18-19 (22-25). She later accepted a tenure-track position in the English Department as an assistant professor of poetry. App. 24-26 (47-48, 51-52, 55-56). 3 3 All citations to \"App.\" are to the appendix that Macalester submitted in support of its motion. Where the appendix page reproduces multiple pages of a condensed deposition, the Court provides a pincite in parentheses. 1. Accommodation Requests for Academic Year 2012-13 Naca was diagnosed with Valley Fever in 2012. App. 82 (277). In September 2012, Naca informed Jim Dawes, that year's department chair, that her doctor had told *5 her that she needed ten hours of office assistance per week. App. 27 (60). Dawes told Naca that ten hours of assistance per week would be unprecedented and that she would not get that many hours. App. 27-28 (60-62). He also said that other professors who were denied tenure might claim that Naca received an unfair advantage and sue Macalester on that basis. App. 28 (61-62). Dawes and Naca agreed that she would request five hours instead. App. 27 (60). 5 Naca emailed Kathleen Murray, Macalester's provost, to request five hours. App. 28 (63); App. 30 (70). Murray asked Naca for a note from her doctor. App. 30 (70-71); App. 90. Naca provided the note, which stated that, due to her medical condition, Naca \"requires administrative assistant; may require one to two hours off for rest in afternoon.\" App. 32 (77-78); App. 90 few days later, Murray told Naca to \"go ahead and find a student to help you for a couple of hours each week.\" App. 93. Naca responded that \"[t]here may be a student worker who needs a few more hours. Which is all need.\" App. 93. Murray formally approved one to two hours of administrative assistance for the fall of 2012 and stated that \"[w]e will reevaluate the situation prior to the start of the second semester.\" App. 98. 4 4 The record copy of the doctor's note is only partially legible. See App. 96. 2/17/25, 12:41 Naca v. Macalester Coll., Case No. 16-CV-3263 (PJS/BRT) | Casetext Search + Citator 4/39 Naca was not satisfied with Murray's response and complained either to Dawes or to another senior faculty member at some unspecified time that she was not given the *6 full five hours that she had requested. App. 31 (73- 74). She also testified that she asked \"work study\" if she could get more hours but she \"usually got one to two hours of office assistance.\" App. 31 (73). Naca did not raise the issue with Murray or anyone from the employment-services department, however. App. 31 (74-75). 6 In late September 2012, Naca asked Kendrick Brown, an associate dean, for a \"short extension\" of the deadline for submitting her pre-tenure review materials. Nickitas Decl., Feb. 7, 2018 (hereinafter \"Nickitas Decl.\") Ex. 7. Brown offered her an extra day and Naca indicated that that was acceptable. Id.; App. 32 (79-80 few days later, Naca asked for more time. Nickitas Decl. Ex. 7. Brown contacted Murray to ask how to handle the request, and Murray replied that Naca should talk to Murray because they \"need to go through more formal processes.\" Id. Naca did not talk to Murray; instead, her department chair, Dawes, stepped in to \"[run] interference\" for Naca by writing to Brown. App. 32 (80). The outcome of Dawes's involvement is unclear; according to Naca, the issue \"wasn't discussed any further\" and she turned in her materials without getting another extension. App. 33 (81). Naca successfully completed *7 pre-tenure review in the spring of 2013, and the tenure-review committee told her that she was a strong candidate for tenure. App. 33 (81); App. 35 (89); App. 62 (196). 5 7 5 The pre-tenure review process typically takes place during the faculty member's third year. App. 521 (26). Faculty members who are undergoing pre-tenure review put together a dossier that includes their curriculum vitae, a professional-development plan, examples of their scholarship, teaching evaluations, and other materials. App. 521 (26-27). If the faculty member passes pre-tenure review, her contract is renewed for another three years. App. 521 (27). In January 2013, Dawes emailed Naca about research assistance to \"make sure that the arrangement is working out for you\" and \"see if you want to continue with the same plan for the semester or want to do something more or different.\" App. 100. Dawes also mentioned that Naca could seek help from Bob Graf, the employment-services director. App. 100. Naca told Dawes that she wanted to keep the same plan. App. 34 (85). Naca testified 2/17/25, 12:41 Naca v. Macalester Coll., Case No. 16-CV-3263 (PJS/BRT) | Casetext Search + Citator 5/39 that she received one to two hours of research assistance from the English Department, but that she did not receive office assistance and is not sure whether she asked for it. App. 34-35 (86-89). Naca does not recall requesting any other assistance for the spring of 2013. App. 34 (88). *8 6 8 6 Naca testified that there is a distinction between research assistants and office assistants. App. 34 (86, 88). But the record is often inconsistent or confusing as to which type of assistance is under discussion. For example, Naca seems to agree that she received office assistance in the fall of 2012, App. 35 (89), but Dawes's January 2013 email inquires about continuing with the research assistance that she received the previous semester, App. 100. In addition, the English Department employs student workers who are generally available to faculty for \"office support tasks and extra assistance on projects as needed and appropriate.\" App. 695-96 \u00b6 4. Jan Beebe, the department coordinator, avers that she arranged for one of these workers to assist Naca every semester, from fall 2012 forward, with the exception of fall 2013 when Naca was on sabbatical. App. 696 \u00b6 6. It is unclear to the Court whether the assistance that Beebe arranged would be considered office assistance or research assistance or both. 2. Accommodation Requests for Academic Year 2013-14 In April 2013, Naca met with Dawes to ask for a \"medical leave\" because she was having difficulty concentrating and writing poetry. App. 35-37 (92-94, 96-97). Naca did not specify what she meant by the term \"medical leave.\" App. 36-37 (93-99). Naca views the term as broad enough to encompass intermittent leave (ranging from an hour or two to a day or two) when necessary, a course reduction, or an entire semester away from teaching. App. 36 (93-95). She did not have a particular type of \"medical leave\" in mind when she spoke to Dawes. App. 37 (98-99). Dawes agreed that Naca should request medical leave (it is also not clear what Dawes meant by \"medical leave\") and told her to talk to Graf when she was ready. App. 37 (97, 99). Naca took a sabbatical in the fall of 2013. App. 35 (89). While on sabbatical, Naca contacted that year's department chair, Terry Krier, to let Krier know about her health issues and her intent to meet with Graf at some point. App. 38 (103); App. 106-07. Krier agreed that Graf would be \"the right person to get in touch with\" and told Naca that \"[i]f you eventually think you need to 2/17/25, 12:41 Naca v. Macalester Coll., Case No. 16-CV-3263 (PJS/BRT) | Casetext Search + Citator 6/39 take time off, and/or defer tenure processes, that's important to try to get on top of, both for you and for me.\" App. 106. Sometime after this email exchange, Naca told Krier that she would probably need to take an entire semester of medical leave because she was experiencing terrible pain. App. 39 (105-06); App. 44 (126-28). On October 31 (while still on sabbatical), Naca *9 notified Krier that she planned to contact Graf because she was worried about getting through the next semester. App. 109. Krier told her not to hesitate to request leave. App. 109. 9 Naca met with Graf on November 4, 2013 to discuss medical leave. App. 40- 41 (109, 114). Naca told Graf that she needed to take a medical leave for the upcoming semester (spring 2014) and asked for copies of the leave form and written policy. App. 41-42 (113-17); App. 44-46 (126-36); App. 84 (284-86). Graf provided Naca a general accommodation form, but did not provide a leave form or written policy. App. 41-42 (113, 115-17). Graf made several comments during the meeting that Naca perceived as threats. For example, Graf said that if Naca couldn't do her work, then Macalester would have to find someone who could and that maybe Naca shouldn't work at Macalester anymore. App. 40 (110-11). Toward the end of the meeting, they discussed how Graf could help Naca obtain some type of leave or other accommodation. App. 115. Graf advised Naca that this was just the beginning of the process \"depending on what [her] doctor requests for accommodations . . . .\" App. 115. (Macalester's leave policy requires medical certification for any medical leave that lasts three or more days. *10 App. 339.) Graf also directed Naca to online information about available accommodations and the Family and Medical Leave Act (\"FMLA\"). App. 700 \u00b6 8. 10 7 7 In her brief, Naca denies that Graf directed her to online information about the or anything else No. 231 at 9 n.44. But Naca cites no evidence (not even her own testimony) to support this assertion. Naca's doctor completed the accommodation form on November 14, 2013 and Naca turned it in to Graf. App. 42 (119-20); App. 119. In the space provided for identifying the requested accommodation, the doctor wrote, \"Kristin may need extra time (time and 1/2) to complete assignments & tasks, & would benefit from a research assistant 2-4 hours per week. She may 2/17/25, 12:41 Naca v. Macalester Coll., Case No. 16-CV-3263 (PJS/BRT) | Casetext Search + Citator 7/39 need 1-2 days off per week during worst time of illness.\" App. 119; App. 42 (120). The form also stated that Naca \"is now making rapid but incremental improvements & may totally recover in 18-24 months.\" App. 119. Consistent with this request, the doctor's visit report for November 14 recorded that \"if [Naca] gets the help of a research assistant three to four hours a week then she is able to get all of her essential tasks done that are required for her job in teaching.\" App. 735. The note also recorded \"rapid\" and \"marked\" improvement. App. 735. Under \"plan,\" the report stated that \"she will need a research assistant three or four hours per week\" and that \"[s]he might need one or two days off per week during the worst times of her illness.\" App. 736. *11 11 In December 2013, Graf called Naca's doctor for more information. App. 732. The doctor stated that Naca required one to two hours' rest most afternoons; one to two days off (intermittently and as needed) when she became exhausted; and four hours of office assistance (presumably per week). App. 732. In his notes regarding that phone call, Graf wrote designation\u2014yes,\" indicating Graf's conclusion that, if Naca were to later request leave, her illness likely qualified as a \"serious health condition\" for purposes of the FMLA. App. 701 \u00b6 11; App. 710; see 29 U.S.C. \u00a7\u00a7 2611(11), 2612(a)(1)(D). 8 9 8 In her brief, Naca asserts that Graf called her doctor twice No. 231 at 9. Both Graf and the doctor identify only one phone call, however, and the doctor explicitly asserted that she spoke with Graf only once. App. 700-01 \u00b6\u00b6 9-10; App. 733 \u00b6 12. 9 Naca contends that she was never told that she was eligible for leave. In her email to Krier about her meeting with Graf, however, Naca stated that she and Graf discussed \"how [Graf] could help me establish either protected or unprotected leave, or other accommodations.\" App. 115. It seems likely that \"protected\" leave is a reference to the FMLA. See App. 598 (52-53) (testimony about Macalester policy regarding whether leave is \"designated as protected\"). Regardless, as discussed below, whether or not Graf or anyone else told Naca that her illness qualified as a \"serious health condition\" is irrelevant, as Naca cannot show that she ever became \"unable to perform the functions of [her] position\" and thus needed medical leave. 29 U.S.C. \u00a7 2612(a)(1)(D). 2/17/25, 12:41 Naca v. Macalester Coll., Case No. 16-CV-3263 (PJS/BRT) | Casetext Search + Citator 8/39 Graf notified Naca that her request for two to four hours of student assistance per week was granted for the spring 2014 semester. App. 121. Naca characterizes Graf's note granting her request for student assistance as a denial of her request for *12 leave, presumably because it did not address the issue of intermittent time off. According to Graf, though, he did not address this request \"because faculty largely control their own schedules and have ample unscheduled time during the day and week when rest can occur.\" App. 702 \u00b6 13. This assertion is supported by the record; during the 2014 spring semester, Naca taught on Tuesdays and Thursdays for a total of six hours each week. App. 725 \u00b6 14. Including office hours and other duties, her total scheduled time during the week was about 20 hours. App. 84 (283-84). 12 Shortly after her November 4 meeting with Graf, Naca complained to Krier about Graf's threatening comments; at the time, however, she said that she was \"not expecting [Krier] to do anything.\" App. 114 few months later, Naca asked Krier to follow up with Murray about Graf's threats and about Naca's request for medical leave and \"any other accommodation requests that made.\" App. 40 (110-11); App. 44 (125); App. 47-48 (140-42); App. 58 (179-80); Nickitas Decl. Exs. 13, 15. Krier related these requests to Murray, who responded that Graf was doing his job by asking Naca questions. App. 48 (143-44). Murray and Naca agreed, however, that Naca could communicate with Murray instead of Graf about her needs for accommodation. App. 50 (149). 3. Accommodation Requests for Academic Year 2014-15 In April 2014\u2014near the end of her first semester back from sabbatical\u2014 Naca met with Krier and Murray to discuss the state of her health. App. 48- 49 (142, 146). Naca *13 told Krier and Murray that she was experiencing \"debilitating fatigue\" and \"incredible difficulty\" reading and retaining information, and that she needed to rest as much as possible for multiple days in a row. App. 49 (147-48). They discussed whether Naca's fall 2014 course load could be reduced and whether that could be accomplished by flipping her fall and spring schedules. App. 49-50 (148-50). Naca was told that they would discuss a one-course reduction for spring 2015 if she still needed it at that time. App. 49 (148); App. 123. At some point during the 13 10 2/17/25, 12:41 Naca v. Macalester Coll., Case No. 16-CV-3263 (PJS/BRT) | Casetext Search + Citator 9/39 spring of 2014, Naca also asked Krier for medical leave for the upcoming fall semester. App. 58 (179-80). 10 Macalester faculty normally teach a total of five courses per year. Naca was scheduled to teach three courses during the fall of 2014 and two during the spring of 2015. App. 602 (67); App. 123. It is unclear what became of these discussions about medical leave and reducing or restructuring Naca's course load. Consistent with the original schedule, Naca taught three courses in the fall of 2014 and two in the spring of 2015. App. 725 \u00b6\u00b6 15-16. Prior to the fall 2014 semester, however, Naca asked for and received a lighter laptop computer to accommodate her fatigue. App. 133; App. 52 (160). In August 2014, Daylanne English, the department chair for the upcoming year, emailed Naca to ask if she needed a research assistant and to inquire whether having a work-study student for office assistance had been sufficient for her needs. App. 135. Naca responded that she did not need a research assistant but wanted to continue to *14 receive office assistance, explaining that Jane Doe had worked three to four hours per week the previous semester. App. 135. English said that it would be fine for Naca to employ a new office assistant for three to four hours per week, and Naca received the requested assistance. App. 135-36; App. 696-97 \u00b6 6. Later that fall, Naca asked for her classes to be scheduled all in the same building to reduce the amount of walking that she had to do. Macalester agreed. App. 53 (163-64). 14 In December 2014, Naca's doctor wrote a letter stating that Naca's prognosis was excellent, that the doctor expected \"near complete recovery\" by November 2015, and that until then Naca \"may continue to need an administrative assistant and occasional time off in the afternoon to rest and recover.\" App. 144. 4. Naca's Religious Training Naca is a practitioner of Santeria. App. 50 (152). In the summer of 2014, soon after she had told Krier and Murray that she was experiencing \"debilitating fatigue\" and feared that she would have difficulty meeting her responsibilities at Macalester, Naca decided to undertake the training 2/17/25, 12:41 Naca v. Macalester Coll., Case No. 16-CV-3263 (PJS/BRT) | Casetext Search + Citator 10/39 necessary to become a Santeria priestess. App. 50 (151-52); App. 128. Naca notified Murray that, during the first year of her training, her \"life, or roles, in public will be significantly diminished or limited.\" App. 128. In light of this, Murray and Naca met in July 2014 to discuss how the training would impact her job. App. 51 (156). Murray told Naca that the training was a big *15 undertaking and that she probably should not undertake it that year because it could jeopardize her tenure. App. 52 (157). Murray also asked how it would affect Naca's health. App. 52 (157-58). Naca told Murray that she was undergoing the training to help with her illness. App. 52 (157-58). In her notes from the meeting, Murray stated: \"After listening to her description of what she is doing do not think it should interfere with that [tenure] preparation.\" App. 131. 15 5. Tenure Review and Accommodation Requests for Fall 2015 As noted, Naca successfully underwent pre-tenure review in spring 2013. Tenure review typically takes place three years later, App. 521 (27), which means that Naca would be up for tenure during the 2015-16 academic year.11 11 During her deposition, Naca testified that she was denied early tenure review and that Murray and others had suggested that she delay the tenure- review process for health reasons. In her brief, however, Naca does not attempt to establish a prima facie case of discrimination based on these allegations. On March 13, 2015, Naca participated in an informational meeting to discuss the tenure-review process. App. 60 (187-88); App. 146. Later that day, Naca requested a \"course release\"\u2014meaning that she would teach one fewer class \u2014for the fall 2015 semester. App. 60 (190). In May 2015, Murray met with Naca to explain the necessary *16 documentation. App. 61 (191-92); App. 151. Naca understood that her request for a course release would be approved. App. 61 (192). 16 12 12 Naca now claims that this request was still pending at the time of her termination in September 2015 No. 231 at 11. The testimony that Naca cites for this proposition describes the notes from the May meeting with Murray. Those notes merely say that Murray \"walked through the 2/17/25, 12:41 Naca v. Macalester Coll., Case No. 16-CV-3263 (PJS/BRT) | Casetext Search + Citator 11/39 documentation that Jason would need to arrange for a course release\" in the fall. App. 604 (74); Nickitas Decl. Ex. 19. In her brief, Naca also claims that, at the same May 2015 meeting with Murray, Naca requested, and was denied, a research assistant; Naca further claims that she had to pay for her own research assistance from 2014 forward No. 231 at 11. The part of the record that Naca cites does not support her claims. There is evidence that, in May 2015, Naca sought to have a particular Macalester student continue to assist her after the student graduated. App. 507 (56-57). But because work-study funds cannot be used to pay alumni, Daylanne English, the department chair, looked into whether alternative sources of funding could be used. (English herself had previously used faculty research funds for a similar purpose.) App. 507-08 (57-58). English asked Murray, who told English to go through the employment- services department. *17 App. 507-08 (57-58). As far as English was aware, the employment-services department denied the request. App. 508 (58). 13 17 13 To support her claim that she paid for her own research assistance, Naca cites \"Macalester Bates 80:17-81:14 No. 231 at 11 n.65. This appears to be a garbled reference to pages 80 and 81 of the deposition of Daylanne English. These pages of testimony do not provide evidence that Naca paid for her own research assistance, however. Rather, Naca's counsel asked if English was aware that Naca paid for her own research assistant in the summer of 2014, and English testified that she did not know where the funding came from. App. 513 (80-81). Obviously, the questions of Naca's attorney are not evidence. As part of the tenure-review process, Macalester solicits evaluations from all of the candidate's former students. App. 521-22 (26-28, 31-32). It was apparently this solicitation that prompted Jane Doe to come forward with the sexual-misconduct complaint that would eventually result in Naca's termination. App. 714. B. Naca's Relationship with Doe Doe graduated from Macalester in May 2014. While at Macalester, Doe majored in English, and she studied under Naca for three years. App. 192; App. 231. During her final semester at Macalester, Doe worked as Naca's assistant and took Naca's capstone class. App. 200. 2/17/25, 12:41 Naca v. Macalester Coll., Case No. 16-CV-3263 (PJS/BRT) | Casetext Search + Citator 12/39 At Naca's invitation, Doe went to Naca's home on May 6, about a week and a half before graduation. App. 237. According to Doe, she assumed that they were *18 going to grade papers. App. 714. Instead, Naca initiated a conversation about what she perceived to be sexual tension between them. App. 231. Naca later recounted that she said the following to Doe: 14 18 14 During Macalester's investigation, Naca and Doe both consistently identified May 6 as the date of this meeting, and neither objected to or corrected the explicit references to that date in Macalester's various written decisions. App. 237 (Naca's own written timeline of events identifying the date of the meeting as \"Tuesday May 6, 2014\"); App. 180 (describing May 6 meeting under \"Areas of Agreement\"); App. 185 (Naca letter to Murray with repeated references to the May 6 meeting); App. 64 (204) (Naca's testimony that the letter was truthful and had been reviewed by counsel). Pointing to vague, scattered references in the record regarding the timing of this meeting, Naca now contends that it actually occurred on May 7 and thus (according to Naca) after she submitted Doe's final grade (as discussed below). Even if Naca is now correct about the date of the meeting, however, it is clear Macalester believed, at the time that it made the decision to terminate Naca, that the meeting occurred on May 6. Again, the only two participants in the meeting consistently told Macalester that their meeting occurred on May 6. Without any suggestion from Naca or anyone else that the May 6 date was incorrect, Macalester had no reason to scour the materials for the purpose of second-guessing the date of the meeting, and there is no indication that Macalester did so need to talk to you about the intensity level of us working together. It could just be the subject matter of your poems. But the last two sessions our conferences sensed, though you probably don't know it, that you were flirting with me. There is an attraction between the two of us be it physical or just creative. Either way wanted to have a conversation because don't want us to be working together and for me, or you, to be put in an awkward position. I'm going to be frank need to know, first, if you noticed the intensity? And if you do, do you want me to make a pass at you? If 2/17/25, 12:41 Naca v. Macalester Coll., Case No. 16-CV-3263 (PJS/BRT) | Casetext Search + Citator 13/39 App. 237. According to Doe, during the course of their conversation, Naca touched her knee and later put her arm around her waist. App. 714; App. 180, 182. Doe, who described herself as shocked by Naca's comments, rebuffed Naca's advances. App. 237; App. 714. After this encounter, Doe continued to work as Naca's assistant for about another week. App. 193; App. 263. *19 you don't want or intend that, we need to get whatever it is out in the open and clear the air. 19 Doe graduated on May 17, 2014. App. 299 (80). Three days later, on May 20, Naca invited Doe to her home, and the two began a sexual relationship. App. 193; App. 238-39; App. 714. Although the physical aspect of their relationship ended after several weeks, the two continued in an emotionally intimate relationship until September 2014, when Naca ended it. App. 180-81. Doe later sank into a depression and began seeing a counselor. App. 714. C. Doe's Complaint and Macalester's Investigation On May 22, 2015, Doe met with James Hoppe, the dean of students at Macalester, to make a complaint against Naca. App. 366 (53-54); App. 404. In addition to being the dean of students, Hoppe was the deputy Title coordinator and thus was responsible for receiving complaints of sexual assault. App. 366 (53-54). Doe told Hoppe that she had felt pressured into having a sexual relationship with Naca the previous year and that the relationship had a negative impact on her. App. 369 (68). Hoppe told Doe about her options for pursuing a formal complaint. App. 712 \u00b6 6. On May 27, 2015, Doe submitted a written complaint to Hoppe. App. 371 (75-76); App. 716. Hoppe notified Naca of Doe's complaint on May 29 and gave her a packet of information that included Macalester's policies on harassment and sexual assault. App. 62 (196-98); App. 153-76 (Naca Dep. Ex. 29); App. 178 No. 226 at 60. Hoppe *20 informed Naca that she was entitled to have a \"support person\" to help her through the investigative process, but that she could not have an \"advisor.\" App. 63 (199-200). 20 In the meantime, Hoppe notified Murray (the provost) of Doe's complaint, and Hoppe turned the investigation over to the Macalester College 2/17/25, 12:41 Naca v. Macalester Coll., Case No. 16-CV-3263 (PJS/BRT) | Casetext Search + Citator 14/39 Harassment Committee (\"MCHC\"). App. 371; App. 374 (76, 88). The consisted of Lisa Landreman, Chad Higdon-Topaz, and Roopali Phadke. App. 374 (88). Both Naca and Doe had an opportunity to submit materials to the MCHC. App. 63 (201-02); App. 477 (127). The interviewed both Naca and Doe and reviewed records and other written materials. App. 63 (201-02); App. 477-78 (127-28, 131); App. 668 (150). Among other things, the obtained documentation showing that Naca had submitted her spring 2014 grades on May 15 of that year. App. 182; App. 262; App. 486 (161-62). As it turned out, however, this date was incorrect; Murray learned on June 17, 2015, shortly after the issued its report, that Naca had submitted her grades for Doe's class on May 7. App. 429 (142-44). Murray evidently did not put this information in the investigative file or otherwise seek to correct the record. App. 429 *21 (144); App. 486 (162). As discussed above, however, this corrected date still indicated that Naca submitted Doe's final grade after their May 6 meeting. 15 21 15 In her brief, Naca asserts that Doe admitted in her \"Answer and Counterclaim\" that she heard Naca announce the grades in class No. 231 at 14 n.91. This is evidently a reference to the answer that the Does filed in Naca's state-court action against Doe and her parents. As far as the Court can tell, however, that document is not in this Court's record. In any event, Doe told the that she did not know her grade before the May 6 meeting at which Naca solicited her. App. 182; App. 716. After completing its investigation, the issued a report in which it laid out the results of its investigation and recommended that the matter proceed to a formal adjudication. App. 294 (51); App. 180-83. Under Macalester's policies, when formal proceedings involving accusations of harassment or sexual assault are instituted against a faculty member, the provost serves as the \"relevant authority.\" App. 163; App. 174. Both the complainant and the respondent have the opportunity to submit additional materials for the provost's consideration. App. 479 (133-35). If the provost recommends a \"severe sanction\" against the faculty member, the Faculty Personnel Committee (\"FPC\") must conduct a hearing. App. 164; App. 175. The consists of the president, the provost, and six faculty members elected by the faculty. App. 517 (12-13). 16 2/17/25, 12:41 Naca v. Macalester Coll., Case No. 16-CV-3263 (PJS/BRT) | Casetext Search + Citator 15/39 16 The report is dated June 8, 2015, but other documents in the record indicate that its contents were still under discussion a day later. See, e.g No. 226 at 65-66. Naca testified that she reviewed it in the latter half of June 2015. App. 63-64 (202-03); see No. 226 at 152-53. After reviewing the file, Murray determined that the sanction could be severe and contacted the chair of the to arrange for the committee's members to have access to the investigative file. App. 333. Shortly afterward, however, the chair realized that the FPC's involvement was premature and instructed that the members' *22 access to the investigative file be terminated until the provost issued her formal recommendation. App. 538- 39 (116-19); App. 66 (213). There was some discussion about convening the before the end of June, but that did not happen. App. 301 (87-88); App. 532 (86). Murray, who was leaving Macalester effective July 1 to take a position at another college, agreed to make a formal recommendation before handing the case off to her successor No. 226 at 152. As it turned out, however, Murray did not have time to do so before leaving Macalester, App. 437-38, although she did discuss the case with her successor, App. 297 (67- 68). 22 On June 21, Hoppe emailed Naca to notify her of the next steps in the process and to make arrangements for her to review the investigative file. App. 440. Hoppe also stated that the original letter notifying Naca about Doe's complaint mistakenly omitted that Naca was accused of violating Macalester's sexual-assault policy as well as the harassment policy. App. 440. Naca responded that this and other errors had hindered her ability to convey her side of the story and that she would be meeting with an attorney. App. 441. Hoppe told Naca that she could submit any additional information that she thought was necessary to the provost for her consideration. App. 442. Naca drafted a letter that she submitted to Murray after it was reviewed by her attorney. App. 64 (204); App. 185-86. *23 23 As noted, Murray's last day as provost was June 30. App. 721 \u00b6 2. Accordingly, the new provost, Karine Moe, took over the Naca matter. App. 191. Moe reviewed the materials submitted to the as well as additional materials that Naca submitted. App. 190; see also App. 682 (Moe's description of her review process). On July 23, 2015, Moe issued a written 2/17/25, 12:41 Naca v. Macalester Coll., Case No. 16-CV-3263 (PJS/BRT) | Casetext Search + Citator 16/39 App. 197. case determination finding that Naca had violated Macalester's sexual- assault and harassment policies and recommending termination. App. 190; App. 197-98. On July 27, Moe placed Naca on a paid leave of absence pending the final resolution of the process. App. 188. In her determination, Moe made several factual findings. Specifically, Moe found that, by inviting Doe to her home on May 6, Naca \"intended to set the stage for a sexual relationship\" and \"initiated that relationship by offering to make a pass at the student.\" App. 196. Moe explained that, if Naca had truly intended to clear the air rather than invite a sexual relationship, she should have conducted the discussion in an office or public place. App. 196. Moe also credited Doe's allegation that Naca touched her on her knee and waist during the May 6 meeting and noted that Naca had attempted to keep the relationship secret and asked Doe to seek only off-campus counseling. App. 196-97 & n.4; App. 680-81. Moe noted the parties' dispute over who initiated their first sexual encounter, but did not resolve it; instead, she explained that, *24 regardless of who initiated the encounter, Naca \"created the stage where such contact could occur . . . .\" App. 193. 24 Moe went on to say that she was \"deeply troubled\" by Naca's view that she had not violated any of Macalester's policies because Doe was no longer a student at the time of their first sexual encounter. App. 197; see also App. 235 (Naca's timeline stating that she \"took care to follow the College's sexual conduct code\" and that Doe \"had graduated before physical contact took place\"). Moe stated: As Provost and Dean of the Faculty strongly disagree with Professor Naca's views of the limits of her role and responsibility as mentor and professor, particularly with respect to a student with whom she worked so closely over the preceding three years, who so plainly continued to view Professor Naca as a mentor, and who had graduated only days earlier and for whom continued professional support, advice and recommendations were expected as a result of the strong and close faculty-student relationship. 2/17/25, 12:41 Naca v. Macalester Coll., Case No. 16-CV-3263 (PJS/BRT) | Casetext Search + Citator 17/39 Because Moe recommended termination, the matter was submitted to the for a hearing. App. 678. Naca's lawyer helped her to prepare for that hearing, and Naca again had the opportunity to submit additional materials (which she did). App. 65 (207-10); App. 265-66; App. 268-70; App. 686. The held a hearing on August 24, 2015. App. 272. At that time, the consisted of the president of Macalester (Brian Rosenberg) and faculty members Joan *25 Ostrove, Chris Wells, Sarah Boyer, Dan Trudeau, Tom Halverson, and Patrick Schmidt. App. 66 (213); App. 678. While Moe, as provost, was also a member, it appears that her role was limited to presenting and defending her recommendation. App. 682. Naca appeared at the hearing and answered questions. App. 678-81, 85-86. Naca was allowed to have two support people present. App. 66 (211). She was also permitted to have her lawyer at the hearing, but she decided against it, opting instead to submit a letter from him. App. 66 (211); App. 268-70. 25 Following the hearing, the issued a written decision finding that Moe's decision was \"amply supported by the record\" and endorsing the recommended sanction of termination. App. 272-73. The noted that, even under Naca's narrow view of the student-professor relationship, the discussion on May 6 violated college policy, as it occurred before Naca submitted final grades and while Doe was still under Naca's supervision as a student worker. App. 272. The went on to say that, \"[b]eyond this, we are in agreement with the [provost's] determination that the 'professor/student relationship' does not end immediately upon graduation.\" App. 272-73. The specifically criticized Naca for failing to understand \"the implications of the power relationship or of her role in attending to the potential consequences of power dynamics in such relationships with students.\" App. 272-73. *26 26 After receiving notice of the FPC's determination, Naca (with the assistance of counsel) submitted a letter of appeal. App. 66 (213-14); App. 275-78. On September 28, 2015, the appeals team\u2014which consisted of Denise Ward and Rebecca Hoye\u2014rejected Naca's appeal, bringing the process to a close. App. 66 (213-14); App. 280-81; App. 67 (215-16). D. Naca's State Court Lawsuit 2/17/25, 12:41 Naca v. Macalester Coll., Case No. 16-CV-3263 (PJS/BRT) | Casetext Search + Citator 18/39 After her discharge, Naca sued Jane Doe and her parents in state court, claiming defamation, tortious interference with contract, and tortious interference with prospective contractual relationships. App. 15 (10); Nickitas Decl. Ex. 2 at 1. The Doe family counterclaimed, alleging abuse of process, reprisal under Title and the Minnesota Human Rights Act, and publication of private facts. Id. The parties settled the lawsuit, expressly agreeing that there was no admission of liability on either side. Id. As part of the consideration for the settlement agreement, Doe was forced to write a letter to Naca complimenting Naca's teaching and stating that she never alleged sexual assault. Id. at 2-3. Similarly, Doe's parents were required to write a letter stating that they did not intend for Naca to lose her job. Id. at 2. *27 27 A. Standard of Review Summary judgment is warranted \"if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.\" Fed. R. Civ. P. 56(a dispute over a fact is \"material\" only if its resolution might affect the outcome of the suit under the governing substantive law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986 dispute over a fact is \"genuine\" only if \"the evidence is such that a reasonable jury could return a verdict for the nonmoving party.\" Id. \"The evidence of the non-movant is to be believed, and all justifiable inferences are to be drawn in [her] favor.\" Id. at 255. B. Discrimination Naca brings claims of discriminatory discharge on the basis of (1) sex under Title of the Education Amendments of 1972, 20 U.S.C. \u00a7 1681 et seq.; (2) race/ancestry under 42 U.S.C. \u00a7 1981; (3) sex, race/ancestry, and religion under Title of the Civil Rights Act of 1964, 42 U.S.C. \u00a7 2000e et seq.; and (4) sex, race/ancestry, religion, and sexual orientation under the Minnesota Human Rights Act (\"MHRA\"), Minn. Stat. \u00a7 363A.01 et seq. Naca has no direct evidence of discrimination on any of these bases. See Griffith v. City of Des Moines, 387 F.3d 733, 736 (8th Cir. 2004) (\"direct 2/17/25, 12:41 Naca v. Macalester Coll., Case No. 16-CV-3263 (PJS/BRT) | Casetext Search + Citator 19/39 evidence is evidence *28 showing a specific link between the alleged discriminatory animus and the challenged decision\" (cleaned up)); Floyd- Gimon v. Univ. of Ark. for Med. Sci. ex rel. Bd. of Trs., 716 F.3d 1141, 1149 (8th Cir. 2013) (\"Direct evidence does not include stray remarks in the workplace, statements by nondecisionmakers, or statements by decisionmakers unrelated to the decisional process.\" (cleaned up)). Accordingly, the Court analyzes Naca's discrimination claims under the burden-shifting framework of McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973). See Brine v. Univ. of Iowa, 90 F.3d 271, 276 (8th Cir. 1996) (Title standards apply to employment-discrimination claims under Title IX); Chappell v. Bilco Co., 675 F.3d 1110, 1118 (8th Cir. 2012) (McDonnell Douglas framework governs claims of race discrimination under \u00a7 1981); LaPoint v. Family Orthodontics, P.A., 892 N.W.2d 506, 510-11 (Minn. 2017) (McDonnell Douglas framework governs claims under the MHRA). 28 To establish a prima facie case of discrimination, a plaintiff must show that (1) she is a member of a protected group; (2) she was qualified for her position; (3) she suffered an adverse employment action; and (4) the circumstances permit an inference of discrimination. Banks v. Deere, 829 F.3d 661, 666 (8th Cir. 2016). If the plaintiff establishes a prima facie case, the burden of production shifts to the employer to articulate a legitimate, non- discriminatory reason for its decision. Id. If the employer *29 meets this burden, then the plaintiff must prove that the proffered reason is merely a pretext for discrimination. Id. 29 The Court does not believe that Naca has established a prima facie case of discrimination. Nothing about the circumstances of this case gives rise to an inference of discrimination. In May 2015, when Doe made her complaint, Macalester was beginning the process of approving Naca for tenure. Up to that point, Naca's career was progressing smoothly. What changed after May 2015 was not Doe's race/ancestry, sex, sexual orientation, or religion; what changed is that a former student made a formal complaint of sexual misconduct. Macalester carefully investigated Doe's complaint and found that it was generally true. Naca admitted that she invited Doe to her home shortly before graduation, that she offered to \"make a pass\" at Doe, and that, a few 2/17/25, 12:41 Naca v. Macalester Coll., Case No. 16-CV-3263 (PJS/BRT) | Casetext Search + Citator 20/39 *30 Naca v. Macalester Coll., No. 16-CV-3263 (PJS/BRT), 2017 4122601, at *4 (D. Minn. Sept. 18, 2017). Under these circumstances, the Court cannot find that Naca's discharge permits an inference of discrimination. days after graduation, she again invited Doe to her home, where the two commenced a short-lived sexual relationship. This was extremely serious misconduct\u2014and there is nothing at all suspicious about a college terminating a professor for committing such misconduct. As this Court explained in an earlier order: Sexual contact between a professor and a student is widely prohibited because of disparities in their relationship. There is always a disparity in power and authority, and often disparities in education, experience, sophistication, or age. As a result of these disparities, a student cannot give authentic consent to sex with [a] professor. In continually 30 emphasizing that she did not have sex with the student until three days after the student graduated, Naca ignores that the student testified (and Macalester found) that Naca solicited sex from the student while she was still a student. Naca also ignores that Macalester could reasonably have concluded that the disparities between a professor and a student do not entirely disappear the instant that the student is handed her diploma. Even assuming that Naca has made out a prima facie case, however, Macalester has clearly articulated a legitimate, non-discriminatory reason for discharging Naca\u2014namely, Naca's sexual relationship with Doe. The ultimate question, then, is whether Naca has offered sufficient evidence from which a factfinder could conclude that this explanation is a pretext for discrimination. Naca contends that Macalester did not terminate straight white male Christian professors who engaged in similar misconduct; that the proceedings were infected by procedural irregularities and intentional misconduct on Macalester's part; and that Macalester's explanation for its decision has changed over time. See Edwards v. Hiland Roberts Dairy, Co., 860 2/17/25, 12:41 Naca v. Macalester Coll., Case No. 16-CV-3263 (PJS/BRT) | Casetext Search + Citator 21/39 F.3d 1121, 1125-26 (8th Cir. 2017 plaintiff may show pretext, among other ways, by showing that an employer (1) failed to follow its own policies, (2) treated similarly-situated employees in a disparate manner, or (3) shifted its *31 explanation of the employment decision.\" (cleaned up)). The Court considers each of these contentions in turn. 31 1. Comparators Naca alleges that two Macalester professors\u2014Terry Boychuk and Stanton Sears\u2014engaged in similar misconduct but were not terminated. Naca's allegations are false, however, and neither of these professors is similarly situated to her. With respect to Boychuk: In the early 2000s, before Boychuk was granted tenure, a number of students complained to Macalester about him. In 2001, a Macalester student reported that he was uncomfortable with the way that Boychuk had discussed the topic of sexual violence in class. App. 726 \u00b6 4. In late 2001 or 2002, several students reported that they had heard rumors that Boychuk had sexually harassed other students, but were unable to provide the names of any potential victims. App. 727 \u00b6 6. And in 2002, after Macalester announced that Boychuk was up for tenure, five students (including the students who had earlier reported rumors of harassment) wrote a letter raising concerns about Boychuk sexually harassing students. App. 727 \u00b6 7. None of the authors had personally experienced or witnessed harassment\u2014nor were any of the *32 authors able to identify any student who had personally experienced or witnessed harassment\u2014but the authors suggested that the student who had earlier complained about the classroom discussion might be a victim. App. 728 \u00b6\u00b6 8-9. 17 32 17 In Moe's Fed. R. Civ. P. 30(b)(6) deposition, she made a reference to five students sending a letter about Boychuk \"in early March of 2015 . . . .\" App. 611 (103). From the ensuing testimony, however, it is clear that Moe was talking about events that occurred in 2002 and simply misspoke. Neither party contends\u2014and the Court is not aware of anything in the record indicating\u2014that there was a complaint against Boychuk in 2015. Subsequently, another student, Hlee Vang, reported that Boychuk made inappropriate comments about underwear. App. 728 \u00b6 10. Specifically, Vang 2/17/25, 12:41 Naca v. Macalester Coll., Case No. 16-CV-3263 (PJS/BRT) | Casetext Search + Citator 22/39 had delivered a package to Boychuk's office and asked him what it was. App. 583 (31-32). Boychuk replied that it was underwear, talked about his fabric and color preferences for underwear, and asked Vang what color underwear she wore. App. 583 (32). Vang was uncomfortable and left his office. App. 583-84 (32-33). Vang also reported that, during class, Boychuk had mocked some Jamaican and Hmong students who had expressed fear of paranormal activity. App. 584 (33-35). Macalester imposed some mild sanctions on Boychuk and granted him tenure shortly afterward. App. 609-10 (96-101). Boychuk's case provides no evidence that Naca was the victim of discrimination. To begin with, none of the people involved in making the decision to grant tenure to Boychuk were later involved in the decision to terminate Naca. The two decisions were made by entirely different sets of decisionmakers, and thus any inconsistency in the decisions would not be evidence that any particular decisionmaker was motivated by race, sex, or any other protected characteristic. See Muor v. U.S. Bank Nat'l Ass'n, 716 F.3d 1072, 1078 (8th Cir. 2013) (\"the employees used for comparison must have dealt *33 with the same supervisor, have been subject to the same standards, and engaged in the same conduct without any mitigating or distinguishing circumstances\" (cleaned up)). Naca argues that David Deno, a member of Macalester's board of trustees, was on the board both when she was terminated and when Boychuk received tenure. But there is no evidence that Deno had anything to do with Naca's termination. 33 Setting that aside, the conduct of which Boychuk was accused was worlds apart from the conduct to which Naca admitted. The students who complained of sexual harassment did not have firsthand knowledge of any such harassment and were unable to identify anyone who did. There is no evidence that anyone ever reported\u2014or that Macalester ever learned\u2014that Boychuk had offered to make a pass at a student or had sexual contact with an alumna shortly after graduation. The only specific conduct of which Boychuk was accused\u2014an uncomfortable classroom discussion, comments about underwear, and mocking students for believing in the paranormal\u2014 while not exemplary, is far less serious than the sexual misconduct in which Naca admittedly engaged. See Burton v. Ark. Sec. of State, 737 F.3d 1219, 1230- 31 (8th Cir. 2013) (to be similarly situated, comparators must have engaged in misconduct of comparable seriousness). Simply put, the decision of one 18 2/17/25, 12:41 Naca v. Macalester Coll., Case No. 16-CV-3263 (PJS/BRT) | Casetext Search + Citator 23/39 group of decisionmakers to treat Boychuk *34 favorably\u2014thirteen years before Naca was terminated by a different group of decisionmakers after admitting to much more serious misconduct\u2014does nothing to show that Macalester's stated basis for Naca's termination is pretextual. 34 18 Vang testified that she had heard that Boychuk had propositioned students and perhaps had some sexual relationships, but she does not claim that she or anyone else reported any such conduct to Macalester. App. 581-82 (23-27). With respect to Stanton Sears: Sears married a Macalester alumna sometime in the late 1990s. App. 614 (124-25). Sears met his future wife in 1992, when she was still a student. App. 614 (125), App. 616 (131-32). There is no evidence that Sears solicited sex from his future wife while she was still a student, and no evidence that Sears and his future wife began a sexual relationship days after she graduated. According to the only evidence in the record on this issue, Sears and his future wife began dating at some unknown time after her graduation and married six or seven years after they first met. App. 616 (131-32). Moreover, there is no evidence that Macalester was even aware that Sears had married a former student, much less that Macalester was informed that Sears had engaged in sexual misconduct with his future wife while she was a student or recent alumna. App. 614 (124). Obviously, the fact that Macalester never took action against Sears is not evidence of pretext. Naca attempts to solve this problem by recklessly accusing Sears and his future wife of starting a sexual relationship while she was still a student. Naca's \"evidence\" for this consists of various websites\u2014some of which the Court cannot access\u2014in which Sears or his wife states that the two have \"collaborated\" since 1993 and that she *35 graduated in 1995 No. 231 at 38 n.121. According to these websites, both Sears and his wife are sculptors and public artists, and they run an art studio together. Naca argues that when Sears and his wife tell the world that they have \"collaborated\" since 1993, they do not mean \"collaborated on art,\" but instead mean \"had sex with each other.\" Naca's argument is ridiculous. 35 Again, there is not a shred of evidence that Sears engaged in sexual misconduct of any kind; not a shred of evidence that Macalester was aware of any sexual misconduct by Sears; and not a shred of evidence that any of 2/17/25, 12:41 Naca v. Macalester Coll., Case No. 16-CV-3263 (PJS/BRT) | Casetext Search + Citator 24/39 the decisionmakers in Naca's case were even employed by Macalester back in 1993. Sears's case, like Boychuk's, provides zero evidence of pretext. 2. Procedural Irregularities Naca also attempts to show pretext by complaining about various procedural problems with Macalester's investigation of Doe's complaint. She complains, for example, that she was not initially told that she was accused of sexual assault (in addition to harassment); that she was not told that Doe's parents had written a letter that was made part of the investigative file; that Macalester tried to schedule the meeting before the provost issued her case determination; and that Macalester falsely claimed that Naca turned in the grades for her capstone class on May 15 and buried *36 evidence that she actually turned them in before the meeting at which she offered to make a pass at Doe. 36 This is much ado about nothing. Naca learned that she was accused not only of sexual harassment but also of sexual assault less than a month after Doe made her complaint and well before Moe issued her case determination; Naca was then permitted to supplement the record, which she did with the help of her attorney. The letter from Doe's parents simply mirrors the allegations that Doe made against Naca; the letter does not contain any material information that was not already known to Naca. The hearing did not, in fact, take place until after Moe issued her case determination. And Macalester's failure to disclose evidence that Naca submitted her grades on May 7 is of little significance because, as discussed above, May 7 was still after the date on which Naca offered to make a pass at Doe. Moreover, as both Moe and the made clear, ultimately it did not matter to them whether Naca submitted her grades before or after she made a sexual advance to Doe.19 19 Although both Moe and the mentioned the timing of Naca's submission of grades, both also took pains to emphasize that the prohibition on professors having sex with students continues to apply for at least some time after graduation (which, of course, is after submission of grades). Both also criticized Naca for failing to appreciate that the imbalance in power between a professor and a student does not simply disappear on graduation day. 2/17/25, 12:41 Naca v. Macalester Coll., Case No. 16-CV-3263 (PJS/BRT) | Casetext Search + Citator 25/39 While Naca focuses on these inconsequential errors, she fails to acknowledge the big picture: Naca had multiple opportunities to present her side of the story (in writing *37 and in person), add evidence to the record, and consult with an attorney. She had her case go through five layers of review: (1) by Hoppe, (2) by the MCHC, (3) by the provost, (4) by the FPC, and finally (5) by the appeals team. And at least 14 decisionmakers were involved in one way or another in reviewing Naca's case, including Hoppe, Landreman, Higdon-Topaz, Phadke, Moe, Rosenberg, Ostrove, Wells, Boyer, Trudeau, Halverson, Schmidt, Ward, and Hoye\u2014and not one of them, as far as the record discloses, had any bias against Naca. No reasonable juror could conclude that Macalester was somehow trying to railroad Naca. 37 More fundamentally, even if a jury could find that Macalester was trying to manipulate the process to ensure that Naca would be terminated, nothing in the record would support the further finding that the reason Macalester wanted to terminate Naca was because of her race, sex, or another protected trait. Again, all evidence in the record shows that, before Doe made her complaint, Naca was doing well and on track to gain tenure. Even if Naca could prove that, after receiving Doe's complaint of sexual misconduct, Macalester rushed to judgment or treated Naca unfairly, Naca could still not recover because she could still not prove that the reason that Macalester rushed to judgment or treated her unfairly was because she was Puerto Rican or female (or a member of some other protected group). *38 38 Consider, for example, Naca's complaint about the letter from Doe's parents. Naca seems to believe that its inclusion in the investigative file put pressure on Macalester to terminate her\u2014possibly to avoid a lawsuit by Doe's parents\u2014and that Macalester's failure to disclose the letter is proof of this nefarious intent. What Naca loses sight of, however, is that even if that is true, it is not evidence of discrimination. To the contrary, it is evidence that Macalester did not fire Naca because of her race or sex or another protected characteristic. Cf. Edmund v. MidAmerican Energy Co., 299 F.3d 679, 685-86 (8th Cir. 2002) (\"Employers are free to make employment decisions based upon mistaken evaluations, personal conflicts between employees, or even unsound business practices.\"). In addition, even if Macalester failed to follow its own procedures\u2014and even if Naca is correct that her relationship with Doe did not violate any Macalester policy\u2014that is not enough to show 2/17/25, 12:41 Naca v. Macalester Coll., Case No. 16-CV-3263 (PJS/BRT) | Casetext Search + Citator 26/39 pretext when Naca cannot point to a single similarly situated comparator who was treated differently. See Smith v. Allen Health Sys., 302 F.3d 827, 835 (8th Cir. 2002) (\"since Smith has pointed to no other employees who were treated differently under the progressive discipline policy, Allen's failure to give written warning does not tend to prove that the reason given for her firing was pretextual\"). Naca cites a number of Title cases for the proposition that procedural irregularities and the desire to avoid litigation are, in fact, evidence of sex bias. But all *39 of these cases involve male plaintiffs who were disciplined after being accused of sexual misconduct by women. See, e.g., Doe v. Columbia Univ., 831 F.3d 46, 49 (2d Cir. 2016); Yusuf v. Vassar Coll., 35 F.3d 709, 712 (2d Cir. 1994). In determining whether the plaintiffs' allegations were sufficient to state a claim, the courts treated allegations of procedural irregularities and fear of litigation as indicating that the schools were under general pressure to discipline male students. See Doe, 831 F.3d at 56-58 (allegations of procedural irregularities and pressure on school to take female students' complaints more seriously were sufficient to allege a pro- female, anti-male bias); Yusuf, 35 F.3d at 715-16 (allegations of procedural unfairness and a history of always finding accused males guilty was sufficient to state a Title claim). 39 20 20 Naca cites one case involving alleged male-on-male sexual misconduct. See Doe v. Brandeis Univ., 177 F. Supp. 3d 561 (D. Mass. 2016). Brandeis did not, however, involve Title or other discrimination claims. See id. at 593 n.19. Instead, it involved only claims under Massachusetts state law, which, among other things, imposes a contractual \"fairness\" requirement on university disciplinary proceedings against a student. Id. at 594. As discussed below, Naca cites no authority for the existence of such a duty in the employment context. In other words, the logic of these cases is that evidence that a school had a motive to uphold accusations made by females against males is evidence that the school is biased against men. Whatever the logic of that reasoning, it has nothing to do with this case, which involves a female making an accusation against another female. Under the circumstances, evidence that Macalester showed favoritism to one or the other would *40 not be evidence of bias for or against women. Cf. Yusuf, 35 F.3d at 716 (male plaintiff could not state a 40 2/17/25, 12:41 Naca v. Macalester Coll., Case No. 16-CV-3263 (PJS/BRT) | Casetext Search + Citator 27/39 selective-enforcement claim under Title in part because his comparator was also male). Moreover, as these cases make clear, procedural infirmities alone are insufficient; there must be some evidence of sex-based bias. Yusuf, 35 F.3d at 715 (\"allegations of a procedurally or otherwise flawed proceeding that has led to an adverse and erroneous outcome combined with a conclusory allegation of gender discrimination is not sufficient to survive a motion to dismiss\"). Finally, these cases involved allegations of significant procedural irregularities that, if true, would cast considerable doubt on the accuracy of the school's factual conclusions. Here, by contrast, the procedural violations are trifling and do not in any way cast doubt on the central facts\u2014that Naca offered to make a pass at Doe shortly before she graduated, and then had sex with Doe shortly after she graduated. Those facts have never been in doubt. To the extent that Naca may be seeking to expand this reasoning from Title to her other discrimination claims, her attempt fails because she has no evidence that any of the decisionmakers harbored racial, religious, or any other bias. True, Naca contends that Murray threatened her employment after Naca disclosed that she would be undergoing training to become a Santeria priestess. The Court does not view the record as reasonably supporting an inference of religious bias on Murray's part, however. Any *41 responsible provost would likely express concern to an untenured faculty member who, shortly after complaining that she was suffering from \"debilitating fatigue\" and shortly before going up for tenure, announced that she had decided to train to become a Santeria priestess and that, as a result of that training, her \"life, or roles, in public will be significantly diminished or limited.\" App. 128. 41 Even if the record would support such an inference, Murray ultimately did not play a substantive role in making the decision to terminate Naca. Instead, Murray's role was limited to certain procedural matters, such as opining that the matter warranted the involvement of the FPC. The formal recommendation to terminate Naca was made by Moe in a written decision that reflects that Moe reviewed the record and came to her own conclusions. Moe's recommendation was then adopted by the and upheld by the appeals team. There is no evidence that Moe, any member of the FPC, or any 2/17/25, 12:41 Naca v. Macalester Coll., Case No. 16-CV-3263 (PJS/BRT) | Casetext Search + Citator 28/39 member of the appeals team harbored religious bias (or any other kind of bias).21 21 Although Naca does not have a claim for discriminatory discharge on the basis of disability, the Court notes that, for the same reason, any such claim would fail. 3. Shifting Explanations Finally, Naca contends that Macalester has offered shifting explanations for her termination, pointing to the belated sexual-assault charge as an example. This contention is meritless. Macalester has consistently cited Naca's sexual misconduct with Doe as the reason for Naca's termination; Macalester has never claimed that Naca *42 was fired for any other reason. The fact that Macalester first labeled Naca's alleged conduct as sexual harassment\u2014and then labeled the same conduct as sexual assault\u2014does not establish pretext. Every decisionmaker has been clear and consistent that Naca should be terminated for the misconduct in which she engaged with Doe, irrespective of what label is attached to that misconduct. See Wierman v. Casey's Gen. Stores, 638 F.3d 984, 995 (8th Cir. 2011) (\"pointing out additional aspects of the same behavior is not probative of pretext\"). 42 Because there is no evidence from which a reasonable jury could conclude that Macalester's legitimate, non-discriminatory reason for firing Naca is pretextual, the Court grants Macalester's motion for summary judgment on her discrimination claims. C. Failure to Accommodate Naca also brings a claim of failure to accommodate under \u00a7 504 of the Rehabilitation Act, 29 U.S.C. \u00a7 794. To establish a prima facie case under \u00a7 504, Naca must establish that (1) she was disabled; (2) she was qualified to perform the essential functions of her job with or without reasonable accommodation; and (3) she suffered an adverse employment action due to her disability. Dick v. Dickinson State Univ., 826 F.3d 1054, 1060 (8th Cir. 2016). Failing to reasonably accommodate an employee's disability qualifies as an adverse employment action due to disability. Id. at 159-60. But an *43 employer is not required to provide the specific accommodation requested 43 2/17/25, 12:41 Naca v. Macalester Coll., Case No. 16-CV-3263 (PJS/BRT) | Casetext Search + Citator 29/39 or preferred by the employee. Scruggs v. Pulaski Cty., 817 F.3d 1087, 1093 (8th Cir. 2016). Naca's \u00a7 504 claim fails because no reasonable jury could find that Macalester failed to reasonably accommodate her disability. There is no dispute that Macalester provided a number of accommodations to Naca\u2014 including student assistance, a lighter laptop, and classes scheduled in only one building. And there is no dispute that, with these accommodations, Naca was able to perform the essential functions of her job. Indeed, Naca herself has said that she performed the essential functions of her job No. 231 at 25, and she testified at her deposition that she was able to teach, research, engage in scholarship, and serve on committees, App. 82-83 (277- 79). In light of this evidence, Naca's accommodation claim fails as a matter of law. See Burchett v. Target Corp., 340 F.3d 510, 518 (8th Cir. 2003) (affirming summary judgment where plaintiff admitted that she could perform the functions of her position with the accommodations provided). Naca contends that Macalester did not go far enough because it did not grant all of her requested accommodations for medical leave and student assistance. As noted, Naca has an expansive definition of \"medical leave,\" and thus it is difficult to determine from the record what she meant on any occasion on which she requested medical leave. But even if Naca requested an entire semester of fulltime medical leave from someone *44 empowered to grant it to her, she never provided Macalester with any medical documentation to support such a request. Not once did any doctor or other healthcare professional tell Macalester that Naca needed fulltime medical leave. Instead, the forms that Naca submitted from her doctor consistently requested office assistance and intermittent time off. See Delaval v. PTech Drilling Tubulars, L.L.C., 824 F.3d 476, 482 (5th Cir. 2016) (employers may require medical documentation to support the need for accommodation); App. 339 (Macalester policy requiring medical certification for medical leave of three or more days). 44 Similarly, the fact that Macalester did not formally arrange for Naca to have intermittent time off does not mean that Macalester failed to accommodate Naca's disability. The record demonstrates that Naca's schedule was sufficiently flexible that there was no need for Macalester to make formal 2/17/25, 12:41 Naca v. Macalester Coll., Case No. 16-CV-3263 (PJS/BRT) | Casetext Search + Citator 30/39 arrangements; indeed, since the intermittent time off was to be on an as- needed basis, it is unclear how Macalester could have made formal arrangements in advance (since it could not know in advance when Naca would need intermittent leave). Moreover, there is no evidence that Naca ever requested a particular morning, afternoon, or entire day off, much less that Macalester denied such a request. With respect to the amount of office assistance: Again, Naca has not shown \u2014and does not even contend\u2014that she was unable to do her job with the amount *45 of office assistance that she was provided. Naca has also not pointed to any medical evidence that the failure to provide her desired accommodations had a detrimental effect on her health. Naca's entire claim seems to rest on the mistaken premise that, because she was disabled, she had the right to the precise accommodations that she requested. That is plainly not the law. 45 22 22 As noted earlier, Naca cites no evidence to support her claim that she had to pay for her own research assistance. Naca also contends that she was eligible for leave under the and that Macalester concealed this from her. Even assuming that such conduct would be actionable under the Rehabilitation Act, no reasonable jury could find that Naca was eligible to take leave. See Lovland v. Emp'rs Mut. Cas. Co., 674 F.3d 806, 811 (8th Cir. 2012) (a claim of interference under requires employee to prove that the employer denied a benefit to which she was entitled under the FMLA). An employee is entitled to leave if she has a serious health condition \"that makes the employee unable to perform the functions of the position of such employee.\" 29 U.S.C. \u00a7 2612(a)(1)(D). As already discussed, the record is clear\u2014and Naca herself concedes\u2014that she was able to perform the functions of her position. Moreover, Naca never provided Macalester with any medical evidence that she was in need of fulltime *46 leave. See 29 U.S.C. \u00a7 2613(a) (employers may require medical certification for leave); App. 339 (Macalester policy requiring medical certification). 46 23 23 To the extent that Naca's argument relates to her requests for intermittent leave, the Court again observes that Naca had an extremely 2/17/25, 12:41 Naca v. Macalester Coll., Case No. 16-CV-3263 (PJS/BRT) | Casetext Search + Citator 31/39 flexible schedule and that there is no evidence that she asked for any particular morning, afternoon, or day off, much less that such a request was denied. Naca points to the fact that Graf wrote designation\u2014yes\" in a note to himself after his telephone call with Naca's doctor. But Graf explained that his note merely meant that if Naca ever required a medical leave, that leave should be designated as leave. Crucially, the telephone call to which Graf's note related occurred after Naca's doctor submitted a form that identified the accommodations that Naca would need, and that form did not identify fulltime leave as one of them. There is no evidence that any doctor or any other medical provider ever told Graf or anyone else at Macalester that Naca needed fulltime leave. Under these circumstances, no reasonable jury could find that Graf concluded that Naca was entitled to take leave but decided to conceal this fact from her.24 24 Likewise, given that Naca's doctor never submitted a request for fulltime leave, the fact that Murray testified that she knew that Naca was \"eligible\" for leave, see App. 316 (151), cannot be construed as an admission that Murray knew that Naca needed\u2014and, as a result, was entitled to\u2014fulltime leave under the FMLA. It is true that Naca's request for a reduced class schedule for the fall of 2014 was not granted. The record does not indicate why that happened, but assuming that *47 Naca's request was denied (rather than withdrawn), again, Naca cannot show that she needed a course reduction to perform her job. Nor did she supply any medical documentation to support her request for a course reduction; to the contrary, Naca's doctor informed Macalester during the fall 2014 semester that Naca's prognosis was excellent, that she expected \"near complete recovery\" by November 2015, and that until then Naca \"may continue to need an administrative assistant and occasional time off in the afternoon to rest and recover.\" App. 144. The doctor said nothing about Naca needing\u2014or being harmed by the lack of\u2014a course reduction. 47 Naca also claims that Macalester failed to grant her request for a course reduction for the fall 2015 semester and denied her request for a research assistant in May 2015. But Naca's own testimony indicates that her request for a fall 2015 course reduction would have been approved had she not been 2/17/25, 12:41 Naca v. Macalester Coll., Case No. 16-CV-3263 (PJS/BRT) | Casetext Search + Citator 32/39 Cravens v. Blue Cross & Blue Shield, 214 F.3d 1011, 1021 (8th Cir. 2000). There is no per se liability for failing to engage in the interactive process; instead, such failure may be relevant to show that there is a factual question as to whether the employee could be reasonably accommodated. Fjellestad v. Pizza Hut of Am., Inc., 188 F.3d 944, 952 (8th Cir. 1999). fired. App. 61 (192). And as for her request for a research assistant, the fact that she was not allowed to use work-study funds to employ the particular assistant whom she wanted (because that assistant had graduated and therefore was no longer eligible for work study) does not establish a violation of the Rehabilitation Act. In any event, any need for these accommodations became moot when Naca was put on leave and then terminated shortly after making these requests. *48 48 Finally, Naca claims that there is a genuine dispute as to whether Macalester engaged in the interactive process in good faith to determine if she could be reasonably accommodated. To establish that an employer failed to participate in an interactive process, a disabled employee must show: (1) the employer knew about the employee's disability; (2) the employee requested accommodation or assistance for his or her disability; (3) the employer did not make a good faith effort to assist the employee in seeking accommodation; and (4) the employee could have been reasonably accommodated but for the employer's lack of good faith. No reasonable jury could find that Macalester failed to engage in the interactive process. The record is replete with evidence of back-and-forth communications between Naca and Macalester regarding her various needs for accommodation. Graf himself granted the accommodations that Naca's doctor requested. After Naca complained about Graf, Murray agreed that Naca could talk to Murray instead of Graf. And Macalester provided accommodations that were generally in line with what Naca's doctor requested. *49 49 Even if a jury could find that Macalester failed to engage in the interactive process, Naca could not avoid summary judgment. Under Cravens, Naca must show that, but for Macalester's bad faith, she could have been 2/17/25, 12:41 Naca v. Macalester Coll., Case No. 16-CV-3263 (PJS/BRT) | Casetext Search + Citator 33/39 App. 176. Because this language prevented the formation of a contract, Naca's breach-of-contract claim must be dismissed. See Simonson v. Meader Distrib. Co., 413 N.W.2d 146, 147-48 (Minn. Ct. App. 1987) (affirming summary judgment where employer \"expressly reserved the discretion to deviate from the policy provisions in its manual\"). reasonably accommodated. As discussed above, however, Naca was reasonably accommodated, and thus she cannot make this showing. See Kallail v. Alliant Energy Corp. Servs., 691 F.3d 925, 933 (8th Cir. 2012) (plaintiff's interactive-process argument failed because the employer offered her a reasonable accommodation). For these reasons, Macalester's motion for summary judgment on Naca's Rehabilitation Act claim is granted. D. Breach of Contract Finally, Naca alleges that, by failing to promptly notify her of the sexual- assault charge, Macalester deprived her of important procedural rights to which a faculty member accused of sexual harassment is not entitled, but to which a faculty member accused of sexual assault is entitled\u2014namely, the right to remain silent and the right to be represented by an attorney. Under Minnesota law, an employee handbook may create an enforceable contract. Pine River State Bank v. Mettille, 333 N.W.2d 622, 627 (Minn. 1983). But \"[l]anguage in the handbook itself may reserve discretion to the employer in certain *50 matters . . . .\" Id. That is what the sexual-assault policy did in this case. It stated, in relevant part: 50 The procedures described in this policy are intended as guidelines describing how harassment complaints will typically be handled. The College reserves the right to vary from these procedures based upon its evaluation of the circumstances of each matter. Even if the sexual-assault policy created a contract, however, Naca has failed to show any breach. There is no dispute that, at their initial meeting, Hoppe informed Naca that she was charged with harassment and gave her a copy of the harassment policy (as well as a copy of the sexual-assault policy). App. 62 (196, 197-98); App. 153-176 (Naca Dep. Ex. 29); App. 178. The harassment 2/17/25, 12:41 Naca v. Macalester Coll., Case No. 16-CV-3263 (PJS/BRT) | Casetext Search + Citator 34/39 policy, like the sexual-assault policy, gives the respondent the right to remain silent. App. 163 (harassment policy); App. 173 (sexual-assault policy). Because Naca already had the right to remain silent by virtue of the harassment charge, Macalester did not breach any such right by failing to immediately inform her of the sexual-assault charge. *51 51 Both policies also grant respondents the right to an advisor. App. 163 (harassment policy); App. 173 (sexual-assault policy). It is true that the policies differ slightly in that the sexual-assault policy grants respondents the right to \"an advisor of their choice,\" whereas the harassment policy restricts those who can serve as an advisor to members the faculty, staff, or student body. Naca contends that this difference means that, under the sexual-assault policy (but not the harassment policy), she was entitled to an attorney. The sexual-assault policy is ambiguous on this point, however, and the evidence in the record suggests that Macalester historically has permitted only faculty, staff, and students to act as advisors under either policy. App. 376 (94-95); App. 400 (202-03); App. 465 (77-78). Finally, even if Naca could show that a contract existed (which she can't), and that the contract was breached (which she also can't), she could not show that she was damaged by that breach. Naca hired an attorney in June 2015, after the issued its report but before Moe issued her case determination. App. 64 (204-05). Her attorney assisted her with her submissions to Moe, to the FPC, and to the appeals team, and Naca was given permission to bring her attorney to the hearing (although, on his advice, she declined to do so). The only possible breach, then, is the fact that Naca did not have a lawyer to assist her during the MCHC's preliminary investigation. *52 52 There is no evidence that Naca was damaged by the fact that she was not assisted by a lawyer until after the referred her case to the provost. She was repeatedly allowed to supplement the record with the assistance of her lawyer, and she has never explained how having an attorney during the MCHC's inquiry would have changed anything. Jensen v. Duluth Area YMCA, 688 N.W.2d 574, 578-79 (Minn. 2004 breach of contract claim fails as a matter of law if the plaintiff cannot establish that he or she has been damaged by the alleged breach.\"); Mandel v. Multiband Corp., No. A15-1133, 2/17/25, 12:41 Naca v. Macalester Coll., Case No. 16-CV-3263 (PJS/BRT) | Casetext Search + Citator 35/39 2016 1175073, at *5 (Minn. Ct. App. Mar. 28, 2016) (affirming summary judgment on contract claim for failure to conduct a lengthier investigation before discharging employee because there was no evidence that the outcome would have been different). Naca also claims that she had a contractual right not to be terminated arbitrarily or capriciously. But Naca does not cite any term of any contract providing such a right, nor does she cite any case supporting the proposition that Minnesota implies such a right in employment contracts. Cf. Mandel, 2016 1175073, at *7-8 (declining to read an implied covenant of good faith and fair dealing into a written employment agreement). Instead, she relies on various inapposite cases, including cases imposing a *53 duty on schools not to expel students arbitrarily, see Abbariao v. Hamline University School of Law, 258 N.W.2d 108, 113 (Minn. 1977), and cases arising under the Due Process Clause, see Potemra v. Ping, 462 F. Supp. 328, 331 (S.D. Ohio 1978). 25 53 25 Aside from having no basis in Minnesota law, this claim differs from the sole contract claim that the Court gave Naca permission to pursue. See No. 64 (denying Macalester's motion to dismiss Naca's breach-of-contract claim insofar as it is \"based on the claim that Naca was deprived of certain contractual rights provided to a faculty member accused of sexual assault but not to a faculty member accused of sexual harassment\"). These cases are irrelevant here, as Naca is bringing a breach-of-contract claim, not a due-process claim or the tort-type claim recognized in Abbariao. Cf. Abbariao, 258 N.W.2d at 113-14 (allowing claim based on duty not to act arbitrarily to proceed, but affirming dismissal of contract claim). Moreover, Naca has not cited any authority\u2014and the Court has found none\u2014applying the duty recognized in Abbariao to employers. Finally, even if Macalester had such a duty (it didn't)\u2014and even if such a claim were properly before the Court (it isn't)\u2014no reasonable jury could find that Macalester acted arbitrarily or capriciously in firing Naca. For these reasons, Macalester's motion for summary judgment on Naca's breach-of-contract claim is granted. E. Motion to Supplement the Record 2/17/25, 12:41 Naca v. Macalester Coll., Case No. 16-CV-3263 (PJS/BRT) | Casetext Search + Citator 36/39 *55 After briefing on Macalester's summary-judgment motion was complete\u2014 and more than a month after Naca's (extended) deadline for submitting her brief and supporting materials had passed, see D. Minn 7.1(c)(2 No. 184\u2014Naca filed a motion to supplement the record with Macalester- related materials that she found on the Internet No. 238. Naca offers no plausible reason why she did not obtain and *54 submit these materials in a timely manner; all of the materials are addressed to issues that the parties have been contesting from the beginning of this case. 54 26 26 Naca contends that Macalester violated its discovery obligations by not producing these materials. The deadline for filing discovery-related motions has passed, however. Moreover, Naca does not explain why she could not have obtained these materials earlier, as they were apparently readily available on the Internet. Naca's attorney has a long history of violating the Local Rules of this District, in this case and in others. See, e.g No. 108 No. 110 at 4-5 No. 159 at 1-2 No. 182 No. 230. His brief in support of Naca's motion to supplement appears to be a thinly veiled attempt to file an unauthorized surreply. See D. Minn 7.1(i). Notably, Naca's brief in opposition to Macalester's motion for summary judgment is only one word short of this District's word limit No. 231-1, D. Minn 7.1(f). As there is no reason why Naca could not have submitted these materials in a timely manner\u2014and as this appears to be yet another attempt by Naca's counsel to circumvent the District's Local Rules\u2014Naca's motion to supplement the record is denied Based on the foregoing, and on all of the files, records, and proceedings herein THAT: 1. Plaintiff's motion to supplement the record No. 238] is DENIED. 2. Defendant's motion for summary judgment No. 175] is GRANTED. 55 2/17/25, 12:41 Naca v. Macalester Coll., Case No. 16-CV-3263 (PJS/BRT) | Casetext Search + Citator 37/39 3. Plaintiff's remaining claims are ACCORDINGLY. Dated: September 20, 2018 s/Patrick J. Schiltz Patrick J. Schiltz United States District Judge About us Jobs News Twitter Facebook LinkedIn Instagram 2/17/25, 12:41 Naca v. Macalester Coll., Case No. 16-CV-3263 (PJS/BRT) | Casetext Search + Citator 38/39 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, 12:41 Naca v. Macalester Coll., Case No. 16-CV-3263 (PJS/BRT) | Casetext Search + Citator 39/39", "7418_104.pdf": "Kristin Naca Kristin Naca (born Washington, D.C.) is a Latina and Fillipina American poet. Naca grew up in northern Virginia.[1] She has a B.A. from the University of Washington, an from the University of Pittsburgh,[2] and a Ph.D. in English from University of Nebraska.[3] Her poems have appeared in Poetry,[4 PAPERS[5] Bloom, Harpur Palate,[6] Indiana Review, Prairie Schooner,[7] Octopus Magazine,[8] Seattle Review, Poetry Northwest, and Rio Grande Review. Naca is a member of the prestigious Macondo Writers Workshop, the workshop founded by Sandra Cisneros. She served as Writer In Residence with Minnesota Prison Writing Workshops.[9] She lives in Minneapolis.[8] In 2015, Naca was fired from her position as an Assistant Professor of Poetry at Macalester College due to alleged sexual misconduct reported by a former student.[10][11][12] Naca sued Macalester in 2016, arguing that her firing was for discriminatory reasons, due to a disability and her status as a woman, a lesbian, a Filipina and Puerto Rican, and a Santeria priestess.[13][14] In 2018, the judge in the case cleared Macalester of wrongdoing in the dismissal.[13][15] On January 16, 2020, the Eighth Circuit Court of Appeals affirmed the lower court's dismissal of the lawsuit, holding that \"[e]ven assuming Naca made a prima facie case, this court concludes, on de novo review, that Macalester articulates a legitimate, non-discriminatory reason for termination\u2014her sexual relationship with Doe \u2014that Naca does not counter with sufficient evidence of pretext\".[16] mtvU National Poetry Series Prize. selected by Yusef Komunyakaa[17] 2008 National Poetry Series Lannan Residency Fellowship Bread Loaf Fellowship Hedgebrook women writers in residence program on Whidbey Island[18] Life and education Firing and subsequent lawsuit against Macalester College Awards 2/17/25, 12:41 Kristin Naca - Wikipedia in Minneapolis.-,Firing and subsequent lawsuit against Macalester College,reported by a former\u2026 1/3 \"Baptism\", The Blind Chatelaine's Keys ( u-go-girl.html) \"One Foot\" ( spring09/knaca.html). Prairie Schooner. Spring 2009. Archived from the original ( oner.unl.edu/archives/spring09/knaca.html) on 2010-06-12. Retrieved 2009-08-19. Bird Eating Bird ( HarperCollins. 2009 978-0-06-178234-3., a Lambda Literary Award Finalist in 2010[3] 1. \"Gist Street Reading Series - October 2, 2009: Irina Reyn (Fiction) / Kristin Naca (Poetry)\" (https:// web.archive.org/web/20090918193752/ view&id=171&Itemid=50). Archived from the original ( om_content&task=view&id=171&Itemid=50) on 2009-09-18. Retrieved 2009-08-19. 2. \"Department of English at the University of Pittsburgh\" ( 417/ Archived from the original (htt p:// on 2009-04-29. Retrieved 2009-08-19. 3. \"Kristin Naca\" ( Poetry Foundation. Retrieved 18 December 2016. 4. Magazine, Poetry (November 5, 2019). \"Eating Lorca by Kristin Naca\" ( on.org/poetrymagazine/articles/69711/eating-lorca). Poetry Foundation. 5. Iyawo. \"Life Altars\" ( 6. \"Harpur Palate\" ( u/hpvol71.html). Archived from the original ( on 2010-06-16. Retrieved 2009-08-19. 7. \"Project - Login\" ( ri=%2Fjournals%2Fprairie_schooner%2Fv083%2F83.1.naca.html). Archived from the original (htt p://muse.jhu.edu/login?uri=%2Fjournals%2Fprairie_schooner%2Fv083%2F83.1.naca.html) on 2016-03-03. Retrieved 2020-02-20. 8. \"Supplementi per te\" ( Octopus Magazine. 9. \"Minnesota Prison Writing Workshop\" ( MPWW. 10. \"Attorney for fired Macalester professor may have to testify about her own harassment claims\" (htt ps:// out-her-own-harassment-claims/). Twin Cities. 2017-10-12. Retrieved 2019-03-06. 11. Mosedale, Mike (7 October 2016). \" 'Purple prose' in poet's prolix lawsuit irks judge \u2013 Minnesota Lawyer\" ( Retrieved 2019-03-06. 12. Specialist, The (2018-01-04). \"Under siege on social media? Choose words carefully when responding\" ( ose-words-carefully-when-responding). Business Management Daily. Retrieved 2019-03-06. 13. \"Judge OKs Macalester's firing of professor who had sex with student; attorney scolded\" ( ww.twincities.com/2018/09/25/judge-oks-macalesters-firing-of-professor-who-had-sex-with-student -attorney-scolded/). Twin Cities. 2018-09-25. Retrieved 2019-03-06. Works References 2/17/25, 12:41 Kristin Naca - Wikipedia in Minneapolis.-,Firing and subsequent lawsuit against Macalester College,reported by a former\u2026 2/3 14. \"Kristin Naca vs Macalester College\" ( 6-cv-03263/pdf/USCOURTS-mnd-0_16-cv-03263-3.pdf) (PDF). United States District Court of Minnesota. 2018-09-20. 15. Asher, Rebecca Edwards and Abe (2018-09-27). \"Naca suit dismissed, appeal forthcoming\" (http s://themacweekly.com/2018/09/naca-suit-dismissed-appeal-forthcoming/). The Mac Weekly. Retrieved 2019-03-06. 16 v COLLEGE, Court of Appeals, 8th Circuit 2020 - Google Scholar\" (https:// scholar.google.com/scholar_case?case=14871290662617818152&hl=en&as_sdt=6&as_vis=1&oi =scholarr). scholar.google.com. Retrieved 2020-01-30. 17. \"Protected Blog \u203a Log in\" ( kristin-naca-and-debbie-yee-at-sfpl-071109/). bjanepr.wordpress.com. 18. \"Contributors to the Power of Language\" ( nchronicles.org/raven/rvback/issues/0397/cont0397.htm). Archived from the original ( venchronicles.org/raven/rvback/issues/0397/cont0397.htm) on 2009-06-09. Retrieved 2009-08-19. Retrieved from \" 2/17/25, 12:41 Kristin Naca - Wikipedia in Minneapolis.-,Firing and subsequent lawsuit against Macalester College,reported by a former\u2026 3/3", "7418_105.pdf": "The Mac Weekly \u2022 February 17, 2017 \u2022 professors-discrimination-lawsuit-against-macalester-continues/ Former professor\u2019s discrimination lawsuit against Macalester continues Jennifer Katz Kristin Naca, a former professor in the English department, motioned to amend her lawsuit against Macalester College on February 3 by adding President Brian Rosenberg as an individual defendant. On February 10, Magistrate Judge Steven E. Rau denied the amendment. This Friday morning, lawyers representing the college will move to have the entire suit dismissed. (Editor\u2019s note: The Mac Weekly goes to print on Wednesday nights.) Naca, who was fired in September 2015, filed her initial suit against Macalester last October, alleging \u201cdiscriminatory and retaliatory termination\u201d on the basis of \u201cher systemic Valley Fever, her sincere practice of the religion of Santer\u00eda, sex, sexual orientation, and her Filipina and Puerto Rican ancestry and national origin.\u201d In a February 2016 hearing before a Minnesota state unemployment judge, Director of Employment Bob Graf stated that Naca was terminated for \u201cfailing to maintain ethical boundaries with a student,\u201d referencing an allegedly inappropriate relationship between Naca and a Macalester graduate. However, in both the initial suit and the recent amendment, Naca states that the student, referred to as \u201cJane Doe,\u201d was actually an alumna at the time of their relationship, and that no college policy prohibits faculty-alumni relationships statement from the college given to The Mac Weekly by Rosenberg claimed that Naca was fired \u201cas the result of a serious violation of the college\u2019s policies relating to Title protections, following a complaint about her conduct with a student.\u201d The statement, part of which was printed in The Mac Weekly on December 9, alleges that Naca attempted to \u201cintimidate and retaliate against the survivor who brought forward the complaint.\u201d Naca cited this statement in her February 3 motion to argue that Rosenberg defamed her and that he \u201cstated falsely that Jane Doe was a victim and survivor of a sexual assault\u201d by Naca. The suit alleges that Rosenberg \u201cmade the statement with reckless or conscious disregard of the statement\u2019s truth or falsity.\u201d The suit claims that Rosenberg knew of a letter from Jane Doe to Naca that read: \u201cDear Naca, Thank you for mentoring me. You taught me how to write a poem. You taught me how to walk through fire and will always be grateful for that never intended for you to lose your job never alleged sexual assault never wanted to cause you suffering.\u201d In the suit, Naca outlines how the circumstances leading up to her dismissal have affected her life outside of academia as well. She alleges that her position as a teacher in the Minnesota Prison Writers Workshop, which she began after her time at Macalester, was ended prematurely \u201cas a direct result consequence of Rosenberg\u2019s communications\u201d to The Mac Weekly. The suit also argues that Rosenberg\u2019s statement has \u201cseverely damaged [Naca\u2019s] ability to obtain future contracts including and beyond her work as a college professor, poet, and professor of poetry.\u201d On Friday morning, Macalester will bring a motion to dismiss the case to Judge Patrick J. Schiltz. In its petition, the college will name various reasons to dismiss certain parts of the case or the entire case. If Macalester succeeds, Naca told the The Mac Weekly in an interview that she intends to appeal the case to the United States 8th Circuit Court hope that our case will be treated fairly and we will be allowed to continue the case with the complaint as it\u2019s written,\u201d Naca said. Naca also emphasized her belief in Macalester\u2019s ideal of multiculturalism, and called on administrators to live up to the college\u2019s stated commitment. \u201cMacalester has a noble mission and it\u2019s imperative that administrators also abide by that mission,\u201d Naca said. \u201cPresident Rosenberg is not above the college\u2019s policies.\u201d Naca expressed gratitude for the support she has received from former students and Macalester alumni. Augusta Laurel \u201914 and other alumni created the Facebook group \u201cSupport Naca Save Mac\u201d last fall, and have been organizing supporters to attend Friday\u2019s hearing appreciate messages from students and former students who reach out to me,\u201d Naca said care about Macalester too, and my lawsuit is to hold Macalester to the standards that it promotes and celebrates.\u201d The hearing was scheduled to take place at the Minneapolis Courthouse on the morning of February 17 at 9:00 a.m.", "7418_106.pdf": "The Mac Weekly \u2022 September 27, 2018 \u2022 dismissed-appeal-forthcoming/ Naca suit dismissed, appeal forthcoming Rebecca Edwards In a summary judgment decision dated Sept. 20, U.S. District Court Judge Patrick J. Schiltz dismissed the remainder of former English professor Kristin Naca\u2019s discrimination and wrongful termination suit against Macalester. However, the more than two- and-a-half year legal battle between the two parties is not over just yet: Naca plans to appeal the decision to the 8th Circuit Court of Appeals. Naca originally filed her case against Macalester in December 2016, roughly fourteen months after the college fired her for what it claims was an inappropriate relationship with a student. Naca asserts that the physical relationship commenced only after the student had graduated and thus did not violate any college policy. Instead, Naca claims that she was fired because of her \u201csystemic Valley Fever, her sincere practice of the religion of Santer\u00eda, sex, sexual orientation, and her Filipina and Puerto Rican ancestry and national origin.\u201d She contended that, while she was dismissed, Macalester did not fire straight, white male professors accused of sexual misconduct \u2013 identifying sociology professor Terry Boychuk and art and art history professor Stan Sears as two men who kept their jobs despite similar inappropriate behavior. For several reasons, Schiltz didn\u2019t agree. Macalester received a number of complaints about Boychuk in the early 2000s, ranging from discomfort with how he discussed the topic of sexual violence in a class to secondhand reports that he had harassed students. Then, just before he was set to be granted tenure in the spring of 2002, a group of five students sent a letter to then-President Michael McPherson and each member of the board of trustees demanding that he be investigated for sexual harassment. But none of the letter\u2019s signatories had experienced any harassment themselves, and, after a review process, the board of trustees granted Boychuk tenure and ordered him to undergo sensitivity training. Schiltz dismissed the notion that Boychuk\u2019s situation was parallel to Naca\u2019s, pointing out both that none of the people who granted Boychuk tenure were involved in terminating Naca and that the conduct Boychuk was accused of is \u201cworlds apart\u201d from what Naca did. \u201cSimply put,\u201d Schiltz wrote, \u201cthe decision of one group of decisionmakers to treat Boychuk favorably \u2013 thirteen years before Naca was terminated by a different group of decisionmakers after admitting to much more serious misconduct \u2013 does nothing to show that Macalester\u2019s stated basis for Naca\u2019s termination is pretextual.\u201d Schiltz had similarly little regard for the claim involving Sears, who married a Macalester graduate sometime in the late 1990s several years after she had left the college. There is no evidence to indicate that Sears and his wife began a sexual relationship during or immediately after her graduation, or that the college ever received a complaint about his conduct. In fact, throughout his 55-page decision, Schiltz appeared thoroughly unimpressed with Naca\u2019s case \u2013 at various points calling arguments of hers \u201cridiculous,\u201d \u201cmuch ado about nothing,\u201d \u201creckless,\u201d and \u201cmeritless.\u201d He had even sharper words for her lead attorney Peter J. Nickitas, whose conduct, he wrote, made it \u201cunusually challenging to determine whether Naca\u2019s version of events is supported by evidence,\u201d and \u201ccaused the Court to waste dozens of hours of its time.\u201d Schiltz later wrote, in denying Naca\u2019s motion to supplement the record after the window to do so had passed, that Nickitas \u201chas a long history of violating the Local Rules of this District, in this case and in others.\u201d Indeed, Nickitas does have a history of misconduct. He has had his license to practice suspended multiple times in both Minnesota and Wisconsin, most recently in Minnesota for 30 days in 2013 for \u201charassing and bullying\u201d another attorney. Despite his previous issues with the court, Nickitas in an interview with The Mac Weekly was contrite in his response to the Court\u2019s criticism. \u201cNumber one, we thank the court for pointing out our areas of disorganization,\u201d he said. \u201cI\u2019m a one-man operation. We take the court\u2019s encouragements for improvement seriously and will try to improve \u2013 recognizing that this case has a big record.\u201d Despite the heavily conservative makeup of the 8th Circuit Court, he feels ready for the appeal expected a decision in favor of Macalester,\u201d Nickitas said. \u201cAnd I\u2019ve been preparing ever since oral argument to deal with it.\u201d Nickitas said he\u2019s confident in his client\u2019s chance to win her appeal, making a point of saying that it \u201cproperly belongs to a jury to weigh the facts\u201d of whether Boychuk works as a comparator in the case. \u201cDue process and protection are not just for accused men,\u201d he argued. Nickitas would not reveal whether Hlee Vang \u201902, who made an accusation of harassment against Boychuk while a student at Macalester and was deposed in this case last year, is still working on Naca\u2019s legal team speak with her often about the case, and value her labors in the case,\u201d Nickitas said. \u201cWe\u2019ll leave that at that.\u201d In addition to the discrimination charges, Schiltz also dismissed Naca\u2019s claims of breach of contract and failure to sufficiently accommodate her disability during her final three years at the college. Of the failure to accommodate charge, Schiltz wrote that Naca\u2019s argument \u201cfail[ed] as a matter of law\u201d \u2013 noting that she was granted a number of accommodations, including a lighter laptop and office assistance, and that she admitted herself that she was able to perform the essential duties of her job. \u201cNaca\u2019s entire claim seems to rest on the mistaken premise that, because she was disabled, she had the right to the precise accommodations that she requested,\u201d Schiltz wrote. \u201cThat is plainly not the law.\u201d \u201cWe don\u2019t wish anybody ill,\u201d Macalester President Brian Rosenberg said. \u201cBut think in this case we really felt like it was important that we defend ourselves against accusations of that kind of bias. \u201cIt took a while. But we were pleased with the judge\u2019s decision.\u201d \u201cWe are confident the court\u2019s decision will be upheld, if appealed by Naca,\u201d Sean Somermeyer, one of Macalester\u2019s lead attorneys, wrote in an email to The Mac Weekly. \u201cIn fact, given the complete lack of evidence in her favor, in our view an appeal would be frivolous and could result in additional sanctions.\u201d \u201cWe are hopeful that this lengthy matter can now come to an end.\u201d Naca has until Oct. 21, 30 days after the summary judgment, to file a notice that she intends to appeal. The Mac Weekly will continue to report on this story as it develops.", "7418_107.pdf": "NACA, Plaintiff, v COLLEGE, Defendant. Case No. 16\u2010CV\u20103263 Peter J. Nickitas OFFICE, L.L.C., for plaintiff. Sean R. Somermeyer, Kathlyn E. Noecker, and Terran C. Chambers LLP, for defendant. Plaintiff Kristin Naca was employed as a \u201cFaculty Diversity Fellow\u201d and then as an assistant professor of poetry by defendant Macalester College (\u201cMacalester\u201d). Macalester fired Naca after one of her former students reported (1) that Naca solicited sex from her 11 days before she graduated and (2) that Naca had sex with her three days after she graduated. Naca brought this lawsuit against Macalester, alleging, in essence, that Macalester fired her not because she solicited sex from and then had sex with a student, but because Macalester was hostile to Naca on account of her race or ethnicity, national origin, sex, sexual orientation, disability, and religion. Naca\u2019s original complaint was stricken for violating the command of Fed. R. Civ. P. 8(a)(2) that a complaint must contain \u201ca short and plain statement of the claim showing that the pleader is entitled to relief\u201d and the command of Fed. R. Civ. P. 8(d)(1 0:16-cv-03263 Document Filed 09/18/17 Page 1 of 11 that each allegation in a complaint must be \u201csimple, concise, and direct.\u201d Fed. R. Civ. P. 8(d)(1). As the Court explained: Naca\u2019s complaint\u2014which weighs in at a remarkable (in a bad way) 81 pages and 250 numbered paragraphs and culminates in 26 claims for relief\u2014does not come close to complying with Rule 8. The complaint sets forth in numbing detail just about every slight that Naca alleges she suffered during her tenure at Macalester. And the allegations in the complaint are not \u201csimple, concise, and direct\u201d; instead, they are rife with purple prose and personal invective No. 6 at 2. The Court gave Naca an opportunity to file an amended complaint, but ordered that the complaint not exceed 10,000 words. Naca filed an amended complaint. Although the complaint met the letter of the Court\u2019s order\u2014it came in at 9,641 words\u2014the complaint actually increased the number of claims from 26 to 35 No. 8. Macalester responded by filing a motion to dismiss No. 40. At the hearing on that motion, the Court dismissed about two\u2010thirds of Naca\u2019s claims from the bench No. 64. Naca now seeks to amend her complaint to add Brian Rosenberg (the President of Macalester) as a defendant, and to bring seven claims against him No. 55. The circumstances giving rise to Naca\u2019s request can be briefly summarized as follows: After this lawsuit was filed on September 28, 2016, Naca and her supporters took to social media to draw attention to this lawsuit, to publicize Naca\u2019s allegations and her denial of Macalester\u2019s allegations, and to attract support and donations for Naca. -2 0:16-cv-03263 Document Filed 09/18/17 Page 2 of 11 Macalester\u2019s independent student newspaper\u2014The Mac Weekly\u2014became aware of Naca\u2019s lawsuit and asked both Naca and Rosenberg to comment. In response, Naca told The Mac Weekly that her termination was a \u201cclear violation of [her] due process rights and a blatant act of discrimination made under false pretenses No. 61\u20101 at 2. Also in response, Rosenberg issued a statement to The Mac Weekly, the following two sentences of which were quoted in the newspaper: Kristin Naca\u2019s employment at Macalester was terminated as the result of a serious violation of the college\u2019s policies relating to Title protections, following a complaint about her conduct with a student. . . . Unfortunately, Naca\u2019s response to these findings . . . has been to attack, intimidate and retaliate against the survivor who brought forward the complaint. Id. (The reference to \u201cattack, intimidate and retaliate\u201d is a reference to the fact that, before suing Macalester in federal court, Naca sued her alleged victim in state court.) Naca now wants to sue Rosenberg for commenting on her lawsuit in this way. Specifically, Naca wants to bring a defamation claim against Rosenberg because, she says, his assertion was false in three respects: (1) she did not commit \u201ca serious violation of the college\u2019s policies\u201d; (2) her alleged victim was not a \u201cstudent\u201d because she had graduated three days before they had sex; and (3) her alleged victim was not a \u201csurvivor,\u201d because the use of the word \u201csurvivor\u201d implies that the alleged victim was sexually assaulted, and the alleged victim was not sexually assaulted (as the alleged -3 0:16-cv-03263 Document Filed 09/18/17 Page 3 of 11 victim herself admitted in a letter to Naca No. 55\u20101 \u00b6\u00b6 250\u2010264. Naca also wants to bring six retaliation claims under various civil\u2010rights statutes, on the theory that her filing of the lawsuit was protected activity, and Rosenberg\u2019s statement about the lawsuit constituted unlawful retaliation for engaging in that protected activity. Id. \u00b6\u00b6 265\u2010271. Magistrate Judge Steven E. Rau denied Naca\u2019s motion for leave to amend her complaint to add Rosenberg as a defendant and to bring seven claims against him No. 63. This matter is before the Court on Naca\u2019s objection to Judge Rau\u2019s order No. 66. The Court has conducted a de novo review. See Magee v. Trs. of the Hamline Univ., Minn., 957 F. Supp. 2d 1047, 1062 (D. Minn. 2013). Based on that review, the Court overrules Naca\u2019s objection to Judge Rau\u2019s order and denies her motion for leave to amend her complaint. The first reason why the Court overrules Naca\u2019s objection is procedural: Local Rule 72.2(c)(1)(A) clearly provides that an objection to a magistrate judge\u2019s ruling \u201cmust not exceed 3,500 words . . . .\u201d Naca\u2019s counsel is familiar with this rule, as he is a longtime and active member of this Court\u2019s bar, and he has often objected to the rulings of magistrate judges. And yet Naca\u2019s objection to Judge Rau\u2019s ruling was (according to the certificate of \u201ccompliance\u201d filed by Naca\u2019s counsel) 7,568 words, over double the word limit. Naca\u2019s counsel did not seek permission to exceed the word limit nor even acknowledge that he had done so. This is, unfortunately, of a piece with Naca\u2019s -4 0:16-cv-03263 Document Filed 09/18/17 Page 4 of 11 counsel\u2019s conduct before this Court. In this case and in several other cases before the Court, Naca\u2019s counsel has regularly violated the Federal Rules of Civil Procedure and the local rules of this District. The Court will no longer tolerate such violations. Naca\u2019s objection is overruled because it does not come close to complying with Local Rule 72.2(c)(1)(A). See Burns v. Office of Atty. Gen., No. 05\u2010CV\u20100858 (PJS/RLE), 2009 825778, at *1 (D. Minn. Mar. 27, 2009) (\u201cBurns\u2019s violation of the local rule was surely intentional, as Burns is a perennial litigant who is intimately familiar with the rules of this Court. For that reason alone, this Court overrules Burns\u2019s objection and adopts Judge Erickson\u2019s R&R.\u201d). There is another serious procedural problem with Naca\u2019s objection: In challenging Judge Rau\u2019s ruling, Naca makes arguments that she could have made, but did not make, before Judge Rau, and Naca relies on a great deal of evidence that she could have submitted, but did not submit, to Judge Rau. For example, Naca alleges for the first time that Rosenberg defamed an individual in a previous, unrelated case, and she submits a number of exhibits in support of her allegation. See No. 66 at 23\u201024; Nickitas Decl. Exs. G\u2010K. This is plainly improper. See Ridenour v. Boehringer Ingelheim Pharms., Inc., 679 F.3d 1062, 1067 (8th Cir. 2012) (stating that a movant is \u201crequired to present all of his arguments to the magistrate judge, lest they be waived\u201d and \u201cparties must take before the magistrate, not only their \u2018best shot\u2019 but all of their shots\u201d) (citation -5 0:16-cv-03263 Document Filed 09/18/17 Page 5 of 11 and quotations omitted); Hammann v. 1\u2013800 Ideas.com, Inc., 455 F. Supp. 2d 942, 947\u201048 (D. Minn. 2006 party cannot, in his objections to an R&R, raise arguments that were not clearly presented to the magistrate judge.\u201d). The second reason why the Court overrules Naca\u2019s objection is substantive: \u201c[A]n amendment to a pleading can be successfully challenged on grounds of futility if the claims created by the amendment would not withstand a Motion to Dismiss for failure to state a claim upon which relief can be granted.\u201d DeRoche v. All Am. Bottling Corp., 38 F. Supp. 2d 1102, 1106 (D. Minn. 1998). The claims that Naca seeks to bring would not withstand a motion to dismiss because, as pleaded in her proposed amended complaint, none of those claims are plausible. See Ashcroft v. Iqbal, 556 U.S. 662 (2009); Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007). As to the defamation claim: Naca seeks to sue Rosenberg because he responded to an inquiry from a student newspaper about this lawsuit by summarizing Macalester\u2019s position in one sentence: \u201cKristin Naca\u2019s employment at Macalester was terminated as the result of a serious violation of the college\u2019s policies relating to Title protections, following a complaint about her conduct with a student . . . .\u201d The Court agrees with Judge Rau that this statement was protected by a qualified privilege under Minnesota law because it was \u201c\u2018made upon a proper occasion, from a proper motive, and . . . based upon reasonable or probable cause.\u2019\u201d Stuempges v. Parke, Davis & Co., 297 -6 0:16-cv-03263 Document Filed 09/18/17 Page 6 of 11 N.W.2d 252, 256\u201057 (Minn. 1980) (quoting Hebner v. Great N. Ry., 80 N.W. 1128, 1129 (Minn. 1899)). Rosenberg is the president of a college that was sued by a professor who was fired after engaging in sex with a student three days after that student graduated. The professor and her allies worked to publicize both the college\u2019s allegations against the professor and the professor\u2019s allegations against the college. The student newspaper asked both the professor and the president to comment on the pending litigation. In response, the president succinctly, accurately, and in a non\u2010inflammatory manner summarized the college\u2019s position. Clearly, Rosenberg\u2019s comment was made upon a proper occasion and upon reasonable cause, and none of the facts pleaded in the proposed amended complaint plausibly suggest that his motive was not proper. Cf. Roberts v. Bd. of Trs. of the Minn. State Coll. & Univ. ex rel. State, No. A03\u2010528, A03\u20101053, 2004 727175, at *3\u20104, *6\u20107 (Minn. Ct. App. 2004) (university administrator\u2019s statement to student explaining disciplinary action against professor, and mayor\u2019s letter to newspaper concerning controversy surrounding professor, were both protected by qualified privilege). Similarly, none of the facts pleaded in the proposed amended complaint plausibly suggest that \u201cthis privilege was abused because the defamatory statements were made with malice.\u201d Bol v. Cole, 561 N.W.2d 143, 150 (Minn. 1997). -7 0:16-cv-03263 Document Filed 09/18/17 Page 7 of 11 Naca also complains that \u201c. . . Mr. Rosenberg calling Doe a \u2018survivor\u2019 . . . does mean, if not imply, that Doe was the survivor of a sexual assault by Naca No. 66 at 22. That is simply not true. The term \u201csurvivor\u201d is used to describe those who have survived a wide variety of phenomena, including but certainly not limited to various types of sexual misconduct. As the Eighth Circuit has said, \u201c\u2018remarks on a subject lending itself to multiple interpretations cannot be the basis of a successful defamation action because as a matter of law no threshold showing of \u2018falsity\u2019 is possible in such circumstances.\u2019\u201d McClure v. Am. Family Mut. Ins., 223 F.3d 845, 853 (8th Cir. 2000) (quoting Hunter v. Hartman, 545 N.W.2d 699, 707 (Minn. Ct. App. 1996)). Even if Rosenberg\u2019s use of the word \u201csurvivor\u201d could only be construed as an allegation that Naca engaged in sexual misconduct of a particular type, Naca\u2019s defamation claim would fail because Rosenberg\u2019s statement would be protected by the qualified privilege. As discussed above, the statement was made on a proper occasion, and the complaint does not plausibly allege that Rosenberg acted with malice. Moreover, the statement is based on reasonable cause. In this lawsuit, Naca has focused almost obsessively on legalistic distinctions between such terms as \u201csexual assault,\u201d \u201csexual harassment,\u201d \u201csexual abuse,\u201d and \u201csexual misconduct.\u201d In so doing, Naca has missed the forest for the trees. Sexual contact between a professor and a student is widely prohibited because of disparities in their relationship. There is always a -8 0:16-cv-03263 Document Filed 09/18/17 Page 8 of 11 disparity in power and authority, and often disparities in education, experience, sophistication, or age. As a result of these disparities, a student cannot give authentic consent to sex with the professor. In continually emphasizing that she did not have sex with the student until three days after the student graduated, Naca ignores that the student testified (and Macalester found) that Naca solicited sex from the student while she was still a student. Naca also ignores that Macalester could reasonably have concluded that the disparities between a professor and a student do not entirely disappear the instant that the student is handed her diploma. Rosenberg\u2019s use of the term \u201csurvivor,\u201d even if actionable, was protected by the qualified privilege. As to the retaliation claims: The Court agrees with Judge Rau that the retaliation claims that Naca seeks to assert are not plausible. As Judge Rau discussed, although courts have recognized retaliation claims brought by employees against their former employers for post\u2010employment actions, courts have generally done so only when the employer refused to honor the fired employee\u2019s recall rights, refused to rehire the employee, or gave the employee a negative reference. See, e.g., Robinson v. Shell Oil Co., 519 U.S. 337 (1997) (former employer provided a negative reference to prospective employer of employee); Fischer v. Minneapolis Pub. Sch., 792 F.3d 985 (8th Cir. 2015) (former employer refused to recall employee); Smith v. St. Louis Univ., 109 F.3d 1261 (8th Cir. 1997) (former employer provided a negative reference), abrogated on other grounds by -9 0:16-cv-03263 Document Filed 09/18/17 Page 9 of 11 Torgerson v. City of Rochester, 643 F.3d 1031 (8th Cir. 2011) (en banc); Maynard v. Motors Mgmt. Corp., No. 05\u2010CV\u20101089, 2006 2530354, at *11 (D. Minn. Aug. 31, 2006) (former employer refused to rehire employee). The parties have not cited\u2014and the Court has not found\u2014any decision that recognized a retaliation claim under the circumstances here, where the employee sued her former employer, where the former employer was asked to respond to the allegations made by the employee in her lawsuit, and where the former employer did so. The reason no such case exists seems obvious: In order to make out a claim for retaliation under any of the civil\u2010rights statutes cited by Naca, \u201ca plaintiff must show that a reasonable employee would have found the challenged action materially adverse . . . .\u201d Burlington N. & Santa Fe Ry. Co. v. White, 548 U.S. 53, 68 (2006). In this context, a \u201cmaterially adverse\u201d action is an action that might have dissuaded a reasonable employee from suing her former employer. See id. Naca must prove, in essence, that a reasonable employee in her position might have been dissuaded from suing Macalester if she had known that Rosenberg would respond to a newspaper\u2019s request for comment on the lawsuit by briefly summarizing Macalester\u2019s position\u2014a position that was already public knowledge by virtue of the filing of Naca\u2019s complaint. The notion that a reasonable employee might be dissuaded from filing a complaint \u201010 0:16-cv-03263 Document Filed 09/18/17 Page 10 of 11 describing the reason that her employer gave for firing her because, if she did so, the employer might describe its reason for firing her is implausible Based on the foregoing, and on all of the files, records, and proceedings herein Plaintiff\u2019s objection No. 66] to Magistrate Judge Rau\u2019s order No. 63] is and the order is AFFIRMED. Dated: September 18, 2017 s/Patrick J. Schiltz Patrick J. Schiltz United States District Judge \u201011 0:16-cv-03263 Document Filed 09/18/17 Page 11 of 11", "7418_108.pdf": "( \uf073 October 27, 2017 Home ( / News & Commentary ( / The Problem of \u201cLawyer as Witness\u201d Comes Up in Naca v. Macalester College The Problem of \u201cLawyer as Witness\u201d Comes Up in Naca v. Macalester College Update (October 27, 2017): In the case described below, U.S. Magistrate Judge Becky R. Thorson (D. Minn.) has issued an order permitting the deposition of one of Plaintiff\u2019s lawyers (excerpt of order linked here ( leaving for another day whether Attorney Vang may be both counsel of record and a witness at trial\u2026 ( Original Post (October 4, 2017): The Naca lawsuit has been a repeat source of posts on Minnesota Litigator already (here ( through-minefields/), here ( language-rhetoric-persuasion-emotion-and-style/), here ( nickitas-strikes-and-is-stricken-again/)). \u201cThis lawsuit is about whether Plaintiff Kristin Naca was discharged because she solicited sex from a student prior to graduation and commenced a sexual relationship with the student days after graduation (as Defendant Macalester College contends) or because of discriminatory animus toward her religion, sexual orientation, gender, race, and/or ancestry (as Plaintiff contends).\u201d ( Recently, the case raised an interesting issue that comes up from time to time: the problem of a lawyer who is also a fact witness. This causes some obvious problems. It is analogous to \u201cbreaking the fourth wall\u201d in theater, where a critical illusion is shattered: lawyers are no longer advocates or \u201cofficers of the court\u201d separate and apart from the underlying dispute. They are witnesses, perhaps co-conspirators, etc. So how will the Court resolve the issue that Ms. Naca\u2019s lawyer, Hlee Vang, appears to be an eye-witness to alleged sexual harassment by another Macalester professor whose supposed wrong-doing did not result in discipline, as Ms. Naca\u2019s did? The first issue, can Macalester\u2019s lawyers depose Ms. Vang? Later, the question could be whether Ms. Vang can continue to represent Ms. Naca\u2026 In the famous 1971 criminal prosecution of Fielding Melisch ( for treason, the leftist revolutionary represented himself pro se and was torn apart by his own prosecution of himself. It was a forensic tour de farce caught on film. It was matched moments later by Melisch\u2019s withering cross-examination of the prosecution\u2019s key witness when Melisch was bound and gagged ( Seriously, the challenges and perils of a trial lawyer who is also a witness to the underlying dispute is self- evident. On the other hand, legal disputes about legal disputes are obviously common and not just cases of professional malpractice. There are settlement negotiations that \u201cblow up.\u201d There are other kinds of negotiations involving lawyers that end up in court. The list of scenarios where the lawyer\u2019s role is not strictly confined to an after-the-fact advocate is endless. While it should be obvious that a trial lawyer cannot normally be a witness and trial lawyer in one case at the same time (see Minn. R. Prof. Conduct 3.7 ( where do we draw the line at the margins? Minnesota\u2019s (and other states\u2019) ethical rules mandate: (a lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness unless: (1) the testimony relates to an uncontested issue; (2) the testimony relates to the nature and value of legal services rendered in the case; or (3) disqualification of the lawyer would work substantial hardship on the client. In a 2013 decision of the U.S. District Court for the Eastern District of Wisconsin ( case=1365641363795602614&hl=en&lr=lang_en&as_sdt=3,24&as_vis=1&oi=scholaralrt) (Chief District Court Judge William C. Griesbach ( the court had to work through Wisconsin\u2019s similar rule to decide whether Wisconsin and Minnesota lawyer, Peter Culp ( would represent Plaintiff Steve Olson in his claim against Olson\u2019s former employer, Bemis Company, when Culp was likely to be witness to material facts underlying the dispute. The court reasoned the rule against an attorney acting as a witness is intended to avoid jury confusion and possible prejudice to the opposing party if one party\u2019s attorney is permitted to act both as an advocate and a witness\u2026.But the jury is usually not privy to pretrial proceedings. If [the objecting party] takes Attorney Culp\u2019s deposition now and Attorney Culp later withdraws or is disqualified, the fact that he represented Olson previously in the action would not have to be conveyed to the jury. In short, \u2026 this court does not question the ability of the defendants to meaningfully question Attorney Culp at a deposition even if he is still representing Olson. For practical reasons it may be the better practice\u2026that another lawyer serve as counsel to the client at such a deposition. But there is no requirement that the attorney/witness withdraw. That sounds about right client might very much want to be represented by a lawyer who has the deep knowledge and experience of the underlying facts from first-hand experience. The Fielding Melisch Scenario, however, will not work in the real world. It seems an appropriate balance to permit the client to have his counsel of choice for most of his representation even if dual roles at the eventual trial would be absurd. Leave a Reply Your email address will not be published. Required fields are marked * Comment \u00a9 Copyright 2025 pllc Name * Email * Website Save my name, email, and website in this browser for the next time comment. Post Comment"} |
7,849 | John Chadima | University of Wisconsin – Madison | [
"7849_101.pdf",
"7849_102.pdf",
"7849_103.pdf",
"7849_104.pdf",
"7849_105.pdf",
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"7849_107.pdf"
] | {"7849_101.pdf": "New allegation surfaces vs. ex-Badgers official 13y College baseball preview: The storylines, teams and players to watch in 2025 3d Everything you need to know for the 2025 Clearwater Invitational: Players to watch, schedule, stats 4d - Erika LeFlouria College softball rankings: The top 25 teams after Week 1 5d Previewing the 2025 college softball season: Players to watch, key storylines and predictions 11d Nebraska play-by-play voice Sharpe dies at 61 2d hands volleyball coach extension after title 3d Judge denies slugger Osuna's injunction request 3d Women's flag football endorsed as emerging sport 4d Dept. of Ed: Title does not apply to athlete pay 5d - Paula Lavigne Holmoe retiring as after 20-plus years 5d Caps prospect Hutson upset BC, win Beanpot 6d Th ' d d b k f Feb 9, 2012, 11:26 Share MADISON, Wis. -- Authorities have widened the investigation into a former Wisconsin athletic official John Chadima after a third adult male came forward with allegations of sexual impropriety. Associated Press New allegation in John Chadima case 2/17/25, 12:43 Third misconduct allegation vs. ex-Wisconsin Badgers' John Chadima 1/3 Campus police have deemed the third allegation \"credible,\" chancellor David Ward said Thursday. His statement did not describe the nature of the allegations, and a campus spokesman, citing the ongoing investigation, declined to comment further. Chadima was placed on administrative leave from his position as associate athletic director Jan. 6 and resigned the same day. He apologized for what he called \"a lapse in judgment\" and said alcohol has controlled his life for the last few months will take full responsibility for my lack of judgment and actions that evening,\" he said at the time. Ward urged anyone who may have been a victim or who has information about inappropriate conduct by Chadima to come forward. Those individuals can contact university police or Patrick Fiedler, a former Dane County judge who has been asked to head an internal investigation. Chadima's attorney, Charles Giesen, said it was inappropriate for the chancellor to be soliciting complaints. Giesen said the tactic amounted to a \"reckless campaign of character assassination\" against his client, particularly because all three accusers have remained anonymous. \"It is irresponsible to make vague and unsubstantiated allegations and to vouch for the credibility of an anonymous accuser during an ongoing investigation,\" Giesen said in an email. \"It is unfortunately Kafkaesque. Without knowing who the accuser is or what the accusation is, John Chadima has no meaningful opportunity to respond.\" The previous two adult men who came forward said they didn't want to press charges. Vince Sweeney, vice chancellor of university relations, said he wasn't immediately aware whether the third person wanted Chadima to be charged. Dane County district attorney Ismael Ozanne said no charges were immediately pending. \"We don't have anything referred to us\" by investigators, he said, \"so there's nothing for us to make a charging decision on.\" Wisconsin officials have said that the Penn State scandal that came to light last fall prompted them to review protocols for reporting sexual assaults. Former Penn State assistant football coach Jerry Sandusky is accused of sexually assaulting young boys for years. Terms of Use Privacy Policy Interest-Based Ads Enterprises, Inc. All rights reserved. 2/17/25, 12:43 Third misconduct allegation vs. ex-Wisconsin Badgers' John Chadima 2/3 Chadima resigned after he was accused of sexually assaulting a male student at a Rose Bowl party. Fiedler's report on that incident, released last month, said Chadima threw a party in his Los Angeles hotel room for university staff and student employees Dec. 30, three days before the Badgers played in nearby Pasadena. The report said Chadima asked a male student employee to stay and have a drink with him. Chadima allegedly reached inside the student's pants and touched his genitals, and when the student slapped his hand away Chadima warned him could have you fired,\" the report said. Chadima attempted to gloss over the incident as \"just joking around,\" according to the report. State Rep. Stephen Nass, a Whitewater Republican who chairs the Assembly's higher education committee, has called on the university to investigate Chadima's entire tenure at the school and to review the athletic department's management. Terms of Use Privacy Policy Interest-Based Ads Enterprises, Inc. All rights reserved. 2/17/25, 12:43 Third misconduct allegation vs. ex-Wisconsin Badgers' John Chadima 3/3", "7849_102.pdf": "Sports 2/17/25, 12:43 Wisconsin athletic official resigns over allegations of inappropriate conduct 1/7 Wisconsin athletic official resigns over allegations of inappropriate conduct the Wire Staff 2 minute read \u00b7 Updated 7:03 EST, Wed January 25, 2012 University of Wisconsin senior official resigned after making unwanted sexual advances to a male student employee of the school\u2019s athletic department, according to a report released this week. John Chadima resigned his post as senior associate athletic director at UW-Madison earlier in January after the allegations surfaced. The allegations were investigated by an independent panel and the report was released Tuesday night. The report alleges that Chadima made the advance in late December at a Rose Bowl party that he was throwing at a hotel in Los Angeles. There was beer and mixed drinks at that party and about 25 to 30 people attended, including John Chadima resigned earlier this month as senior associate athletic director at the University of Wisconsin 2/17/25, 12:43 Wisconsin athletic official resigns over allegations of inappropriate conduct 2/7 p y p p , g employees that were under the age of 21, the report said. As the party was ending, Chadima asked one student to stay behind and have a drink with him. The two each had three rum drinks. The report called the student, who is over the age of 21, John Doe. \u201cChadima told John Doe that he thought that Doe might be gay,\u201d the report says. \u201cChadima reached over and removed Doe\u2019s pants belt and then inserted his hand inside Doe\u2019s pants on his genitals.\u201d The student slapped Chadima\u2019s hand away and swore at him, the report says. \u201cWhat are you going to do about it could have you fired,\u201d Chadima said according to the report. As the student rushed from the room, Chadima said he had been joking. The student told his immediate supervisor, along with other student employees and the police were alerted. Chadima declined to be interviewed for the investigation but did release a statement that was released with the report make no excuses and accept full responsibility for my actions,\u201d the statement said deeply regret leaving under these circumstances and disappointing those people with, and for whom have worked and dedicated my career for the past 22 years.\u201d Up next Two transgender girls sue to challenge Trump\u2019s executive order banning them from girls\u2019 school sports 3 minute read Senate Democrat says nominee Kash Patel is working on purge of agency officials before being confirmed 2 minute read Acting attorney in New York and five others quit after being told to drop Eric Adams case 8 minute read 2/17/25, 12:43 Wisconsin athletic official resigns over allegations of inappropriate conduct 3/7 Jane Doe drops sexual assault lawsuit against Jay and Sean \u2018Diddy\u2019 Combs 3 minute read Federal prosecutors drop criminal probe into ex boss Vince McMahon, his lawyer says 4 minute read Most read 1 Trump administration blasts \u2018unprecedented assault\u2019 on its power in first Supreme Court appeal 2 Expert has theory on Trump's strategy behind his attendance at big sporting events 3 Trump appears to channel Napoleon in vision for executive authority: \u2018He who saves his Country does not violate any Law\u2019 4 Roy Wood Jr. jokes about Tulsi Gabbard's qualifications for director of national intelligence 5 Democrats confront their powerlessness as Trump flexes authority 6 Isolated Indigenous man makes brief contact with outside world, then returns to tribe in the Amazon rainforest 7 \u2018Salute and execute new generation of military veterans takes center stage as Trump remakes foreign policy 8 Netanyahu vows to \u2018finish the job\u2019 against Iran with support from Trump 9 Ballerina\u2019s parents jailed for neglecting the daughter they bathed in attention but starved of food 10 Is China\u2019s military really built for war? New report questions Beijing\u2019s arms buildup Two transgender 2/17/25, 12:43 Wisconsin athletic official resigns over allegations of inappropriate conduct 4/7 Sign in Two transgender girls sue to challenge Trump\u2019s executive order banning them ... Senate Democrat says nominee Kash Patel is working on purge of agency ... Acting attorney in New York and five others quit after being told to drop Eric Adams Trump administration blasts \u2018unprecedented assault\u2019 on its ... Expert has theory on Trump's strategy behind his attendance at big sporting events Trump appears to channel Napoleon in vision for executive authority: \u2018He who saves ... Search CNN... 2/17/25, 12:43 Wisconsin athletic official resigns over allegations of inappropriate conduct 5/7 World Politics Business Markets Health Entertainment Tech Style Travel Sports Science Climate Weather Ukraine-Russia War Israel-Hamas War Features Watch Listen About Sports Live Listen Watch 2/17/25, 12:43 Wisconsin athletic official resigns over allegations of inappropriate conduct 6/7 Terms of Use Privacy Policy Cookie Settings Ad Choices Accessibility About Newsletters Transcripts \u00a9 2025 Cable News Network Warner Bros. Discovery Company. All Rights Reserved Sans \u2122 & \u00a9 2016 Cable News Network. 2/17/25, 12:43 Wisconsin athletic official resigns over allegations of inappropriate conduct 7/7", "7849_103.pdf": "Wisconsin officials shocked by Chadima case 13y How Texas Tech built a portal class so good Notre Dame tried to poach the 6d - Max Olson Nebraska play-by-play voice Sharpe dies at 61 2d Ex-Irish Golden named Broyles Award winner 2d Former football players sue over 'Last Chance U' 3d Source: Notre Dame hiring Lions' Martin as 3d Sources: Ex coach Patricia to be OSU's 5d - Pete Thamel LSU, Kelly land in-state four-star Martinez 3d - Eli Lederman football player found dead in apartment 5d Ex-Buckeyes coach Tressel now Ohio lt. governor 4d Sanders or Ward? Hunter or Carter execs, scouts on the top of the draft class 3d Nation The Arch Manning takeover, Carson Beck in Miami: Everything we're excited for in 2025 4d l All i t Wh Mar 17, 2012, 01:27 Share MADISON, Wis. -- Top athletic officials at the University of Wisconsin-Madison were shocked when allegations of sexual impropriety surfaced against a then-assistant athletic director, according to an investigative report released Friday. Athletic director Barry Alvarez and coach Bret Bielema never had reason to suspect John Chadima of sexual impropriety, abuse of power or alcohol abuse, the report quoted them as saying. Associated Press Officials shocked by Chadima case 2/17/25, 12:44 Wisconsin Badgers' Barry Alvarez, Bret Bielema shocked by John Chadima case, report says 1/3 Chadima was suspended and resigned in January after a male student employee accused him of sexual assault at a pre-Rose Bowl party in December. Friday's report details similar allegations from two more people -- a former Wisconsin football player and another former male student worker. The report was the second from former Dane County Circuit Judge Patrick Fiedler. Both detail allegations of Chadima fondling males and making sexually suggestive comments. He has not been charged with a crime and Dane County district attorney Ismael Ozanne said to his knowledge, investigators had not referred a request for charges to his office. Chadima was with the university for about 20 years, in roles that included managing capital projects and supervising staff members. He also served as the school's director of football operations from 1990 to 1997 and again from 2000 to 2003. Chadima's troubles began after a male student employee accused him of putting his hand inside the student's pants and touching his genitals. Fiedler's first report said Chadima provided alcohol purchased with university athletic department gift funds. Some of the people at the party were under the legal drinking age. After that report was released, two other people came forward with similar allegations. One, a former UW-Madison football player, said he was in town for a Wisconsin game and had some drinks with Chadima and others. He said the group planned to meet other friends downtown, but instead of driving him there, Chadima insisted on taking him to Chadima's house. On the way, Chadima allegedly speculated on the size of the former player's penis and complimented the man's buttocks, causing the ex-player to go on \"high alert.\" Once at Chadima's home, the comments allegedly continued and the player locked himself in a bathroom for several hours until Chadima apparently passed out, the report said. Chadima's attorney, Charles Giesen, said it was \"implausible\" to believe that a 20- something former college football player \"would cower and lock himself in a bathroom because of a claimed fear\" of a 5-foot-9, 170-pound, 45-year-old man who was supposedly drunk. \"It is regrettable that the university has given the weight it did to these anonymous allegations,\" Giesen said. Terms of Use Privacy Policy Interest-Based Ads Enterprises, Inc. All rights reserved. 2/17/25, 12:44 Wisconsin Badgers' Barry Alvarez, Bret Bielema shocked by John Chadima case, report says 2/3 The other allegation was from a second former student employee. He said he was in Chadima's suite for a party at an unspecified Wisconsin bowl game, when Chadima alleged groped his buttocks through his pants. Chadima also allegedly made comments hinting that he and the student could have fun in Chadima's hotel room at upcoming road games. Giesen faulted Fiedler's reports for including only negative information about Chadima. The attorney released 10 letters of support written by Chadima's former colleagues and employees. The letters described Chadima as a mentor and role model, and the authors say he has their unwavering support. In a statement released through his lawyer, Chadima said he has \"struggled to address anonymous allegations of matters about which have no specific recollection.\" He said the outpouring of support he has received from family and friends has been overwhelming, and it fueled his commitment to seek counseling for alcohol use. David Ward, Wisconsin's interim chancellor, said says the two reports reinforce his belief that suspending Chadima was proper. \"It is clear to me that our decision to remove Mr. Chadima from his workplace and conduct independent investigations was the prudent course of action,\" he said. Terms of Use Privacy Policy Interest-Based Ads Enterprises, Inc. All rights reserved. 2/17/25, 12:44 Wisconsin Badgers' Barry Alvarez, Bret Bielema shocked by John Chadima case, report says 3/3", "7849_104.pdf": "READ: UW's incident report on allegations of sexual assault by John Chadima By Adam Hoge @B5Q Jan 24, 2012, 10:35pm Below is the report from Judge Patrick Fiedler's independent review team on allegations of misconduct by senior associate athletic director John Chadima. READ: John Chadima Rose Bowl Incident Report (If you have trouble opening the document, right click and \"Save As\" to your computer.) In the report, Chadima's actions are referred to as \"sexual assault\" and the findings are quite disturbing. The report alleges that while in Los Angeles for the Rose Bowl, Chadima threw a party \"for the staff and student employees who worked 'behind the scenes' in support of the football team,\" as he has done before at least the last four bowl games. This party took place Dec. 30 in Chadima's suite at the J.W. Marriott in downtown Los Angeles where the Badger football team and traveling party stayed during their trip. At the conclusion of the party, Chadima allegedly asked one student to stay in his room as everyone else left. The student was a male described as \"John Doe\" in the report. The report says Chadima allegedly accused the student of being gay before he \"reached over and removed Doe's pants belt and then inserted his hand inside Doe's pants on his genitals.\" After the student slapped Chadima's hand away, Chadima said thought you liked it\" and \"What are you going to do about it?\" and could have you fired,\" according to the report 300 a Wisconsin Badgers community 2/17/25, 12:44 READ: UW's incident report on allegations of sexual assault by John Chadima - Bucky's 5th Quarter 1/2 Chadima released a statement Tuesday night in which he admitted to a problem with alcohol and says was wrong in these decisions, and once again, deeply apologize to all those affected.\" READ: John Chadima Statement On The Report Findings Obviously these are disturbing allegations and carry an enormous amount of weight after what has been revealed at Penn State the last few months. If there's any bright side, the report details a very well handled response to the allegations by the University of Wisconsin. There doesn't appear to be any kind of cover-up. In fact, the report says that the student reported the allegations to a superior immediately that night and it was the student's request to wait until after the Rose Bowl to pursue action. The report includes an attached document from the University of Wisconsin Police Department to the university's deans and directors that specifically mentions the Penn State scandal and details UW's crime prevention objectives and reporting obligations. Clearly, the Penn State scandal had an impact on how this incident was handled by the University of Wisconsin. Obviously, it's great to see this awful situation handled so well by UW, but one can only wonder if it would have been handled the same way pre-Jerry Sandusky/Penn State. We can only hope so. 2/17/25, 12:44 READ: UW's incident report on allegations of sexual assault by John Chadima - Bucky's 5th Quarter 2/2", "7849_105.pdf": "of (HTTPS://WWW.WISC.EDU) News Statement of Interim Chancellor David Ward on second Chadima allegation February 6, 2012 Here is a statement issued today (Monday, Feb. 6) by Interim Chancellor David Ward have been informed by the University of Wisconsin Police Department that it is investigating a second allegation involving John Chadima and an adult male. \u201cPolice have corroborated many of the details of the individual\u2019s story and believe it to be credible. As in the Rose Bowl case, the individual was apprised of his legal right to press charges, but has chosen not to do so, at this time. \u201cWe take all reports of this sort seriously. Since Monday, Jan. 30, university police have been investigating the latest allegation, in consultation with the Dane County District Attorney\u2019s Office. The university police will continue to investigate all allegations of sexual impropriety or abuse of power brought to their attention. \u201cWith this most recent news coming on the heels of receiving the report of the Rose Bowl incident, and after consultation with the leadership of the Board of Regents am taking these immediate steps have asked former Judge Patrick Fiedler to conduct an independent investigation of these and any related allegations. He will be joined in this effort by two investigators have asked him to summarize the results of his inquiry in a report to me and to the Board of Regents. \u201cWe are urging anyone who may have been a victim or anyone with information about inappropriate conduct by Mr. Chadima to come forward. We recognize that not all victims or people with information wish to report to the police, although would encourage them to do so. In addition to contacting Police, former Judge Fiedler is available to accept reports and information. To contact the university police, phone (608) 262-2957 or email report@general.wisc.edu. To contact Fielder call (608) 262-3017.\u201d 2/17/25, 12:44 Statement of Interim Chancellor David Ward on second Chadima allegation 1/2 2/17/25, 12:44 Statement of Interim Chancellor David Ward on second Chadima allegation 2/2", "7849_106.pdf": "Quick Takes: Spring 2012 Senior associate athletic director John Chadima resigned in early January following an allegation of sexual misconduct after a party held during the Badgers\u2019 trip to the Rose Bowl. Interim Chancellor David Ward appointed a four-person team to review the matter, and the team, led by a former judge, issued a report of its findings. As of press time in February, a second allegation had been made to university police. Ward asked the judge to conduct another investigation, adding, \u201cWe are urging anyone who may have been a victim or anyone with information about inappropriate 2/17/25, 12:44 Quick Takes: Spring 2012 | On Wisconsin Magazine 1/5 conduct by Mr. Chadima to come forward.\u201d The is minting more Badgers than ever. The 2010\u201311 academic year marked the first time that the university has granted more than 10,000 degrees in just twelve months. It conferred 6,579 baccalaureates, 2,105 master\u2019s degrees, 754 doctorates, and 661 professional and clinical degrees. The School of Medicine and Public Health\u2019s MEDiC program received the President\u2019s Volunteer Service Award. For twenty years, MEDiC has organized students to provide medical, dental, and mental health services to Madison\u2019s uninsured and homeless. The program was featured in On Wisconsin in Winter 2009. The Wisconsin Institutes of Discovery became the first lab in the state to 2/17/25, 12:44 Quick Takes: Spring 2012 | On Wisconsin Magazine 2/5 receive gold certification from the U.S. Green Building Council last November. Senior Alexis Brown x\u201912 was named a Rhodes Scholar. She will become the UW\u2019s seventh recipient of the award, which will enable her to study at Oxford University. Between July 2010 and June 2011, the recycled more than 350 tons of computers, monitors, and other electronic equipment. Botany professor David Baum is the namesake for a newly discovered species of tree, Iochroma baumii. Stacey Smith PhD\u201906 first described the tree, which is native to Ecuador, and named it in Baum\u2019s honor. Published in the Spring 2012 issue 2/17/25, 12:44 Quick Takes: Spring 2012 | On Wisconsin Magazine 3/5 You may also like\u2026 Quick Takes: Winter 2012 Quick Takes: Spring 2014 Quick Takes: Spring 2011 No comments posted yet Your email address will not be published. Required fields are marked * Comment * Name * 2/17/25, 12:44 Quick Takes: Spring 2012 | On Wisconsin Magazine 4/5 Email * Save my name, email, and website in this browser for the next time comment. Post Comment 2/17/25, 12:44 Quick Takes: Spring 2012 | On Wisconsin Magazine 5/5", "7849_107.pdf": "Learn more about Read Next Legal Trump administration turns to Supreme Court in bid to fire agency head February 17, 2025 By Brendan O'Brien MADISON, Wis (Reuters) - University of Wisconsin police are investigating a second allegation of misconduct against former athletic department official John Chadima, previously accused of making unwanted sexual advances toward a male student at a party. Chadima resigned last month after the first student said the senior associate athletic director tried to fondle him at a celebration before the Rose Bowl second adult male has now come forward to accuse Chadima of misconduct, Chancellor David Ward said in statement on Monday. University police are looking into the matter. \"Police have corroborated many of the details of the individual's story and believe it to be credible,\" he said, without providing any specifics of the accusation. No charges stemming from the allegations have been filed against Chadima. Charles Giesen, a criminal defense attorney representing Chadima, said he and his client have not been made aware of the details regarding the latest allegation. The University of Wisconsin investigations are the latest in a string of accusations involving misconduct to hit college sports, including the startling sex abuse scandal at Penn State. In the Chadima case, Ward said that he has asked former Dane County Circuit Court Judge Patrick Fiedler to conduct an independent investigation of these and any related allegations. \"We are asking anyone who may have been a victim or anyone with information about inappropriate conduct by Mr. Chadima to come forward,\" Ward said. Chadima's lawyer characterized the latest allegation as \"vague and ill-defined.\" \"That's what is so outrageous about this and unfair about this,\" Giesen said. He indicated that he has requested more information about the latest allegation from the chancellor. \"The chancellor said that it is under investigation so he cannot discuss it but that does not stop him from publicly defaming John Chadima, unfortunately,\" Giesen said. Reporting by Brendan O'Brien; Edited by Mary Wisniewski and Paul Thomasch Our Standards: The Thomson Reuters Trust Principles. Suggested Topics: United States Purchase Licensing Rights Former Wisconsin athletic official faces second allegation By Brendan O'Brien February 6, 2012 4:35 \u00b7 Updated 13 years ago My News 2/17/25, 12:44 Former Wisconsin athletic official faces second allegation | Reuters 1/6 United States Trump: If it saves the country, it's not illegal February 16, 2025 United States Donald Trump: Coming to you nearly daily from the Oval Office February 16, 2025 United States Trump administration's layoffs total 1,165 people, internal email shows February 16, 2025 World\u200b M23 rebels advance into eastern Congo's strategic city of Bukavu Africa \u00b7 February 17, 2025 \u00b7 12:37 \u00b7 5 min ago Bukavu's fall, if confirmed, marks the armed group's most significant advance since it revived a decade-old insurgency in east Congo in 2022. Europe Top agriculture official in Russian grain-producing region arrested reports 8 min ago 2/17/25, 12:44 Former Wisconsin athletic official faces second allegation | Reuters 2/6 Latest Home Authors Topic Sitemap Archive Article Sitemap Media Videos Pictures Graphics Podcasts Browse World Business Markets Sustainability Legal Breakingviews Technology Investigations Sports Science Lifestyle About Reuters About Reuters Advertise with Us Careers Reuters News Agency Brand Attribution Guidelines Reuters and Reuters Leadership Reuters Fact Check Reuters Diversity Report Stay Informed Download the App (iOS) Download the App (Android) Newsletters World decision to block Nippon Steel-U.S. Steel deal was 'unjust political interference', Ishiba says 15 min ago Asia Pacific Singapore court finds opposition party leader guilty of lying to parliament 18 min ago Africa Detained Uganda opposition politician on hunger strike moved to hospital, lawmaker says 28 min ago 2/17/25, 12:44 Former Wisconsin athletic official faces second allegation | Reuters 3/6 Information you can trust Reuters, the news and media division of Thomson Reuters, is the world\u2019s largest multimedia news provider, reaching billions of people worldwide every day. Reuters provides business, financial, national and international news to professionals via desktop terminals, the world's media organizations, industry events and directly to consumers. Follow Us Advertise With Us Advertising Guidelines Purchase Licensing Rights All quotes delayed a minimum of 15 minutes. See here for a complete list of exchanges and delays. Cookies Terms of Use Privacy Digital Accessibility Corrections Site Feedback \u00a9 2025 Reuters. All rights reserved Westlaw Build the strongest argument relying on authoritative content, attorney-editor expertise, and industry defining technology The most comprehensive solution to manage all your complex and ever-expanding tax and compliance needs. Checkpoint The industry leader for online information for tax, accounting and finance professionals. Workspace Access unmatched financial data, news and content in a highly-customised workflow experience on desktop, web and mobile. DataCatalogue Browse an unrivalled portfolio of real-time and historical market data and insights from worldwide sources and experts. World-Check Screen for heightened risk individual and entities globally to help uncover hidden risks in business relationships and human networks. Thomson Reuters Products Products 2/17/25, 12:44 Former Wisconsin athletic official faces second allegation | Reuters 4/6 2/17/25, 12:44 Former Wisconsin athletic official faces second allegation | Reuters 5/6 2/17/25, 12:44 Former Wisconsin athletic official faces second allegation | Reuters 6/6"} |
7,899 | Samuel Swindell | West Virginia State University | [
"7899_101.pdf",
"7899_102.pdf"
] | {"7899_101.pdf": "Monday, February 17, 2025 State Court Federal Court Hot Topics State Supreme Court State Government Attorneys & Judges Campaigns & Elections Legal Roundup Directory Home \u00bb Stories \u00bb 2016 \u00bb March Opinion Former student says professor sexually harassed her By Kyla Asbury Mar 14, 2016 former student is suing West Virginia State University and a professor for sexual harassment she claims she endured. Rachel Halstead was a student at in the Criminal Justice Master\u2019s Degree program and in approximately March or April 2014, she was in the office of her professor, Samuel Swindell, to discuss coursework, according to a complaint filed March 2 in Kanawha Circuit Court. Halstead claims while she was in Swindell\u2019s office, he grabbed her buttocks in a sexually suggestive and hostile manner. The plaintiff was approximately five months pregnant at the time and Swindell\u2019s actions toward her were unwelcome, according to the suit. Halstead claims initially reported the incident to Dr. Walter Stroupe and then later reported the incident to Joyce Chaney in the Human Resources Department. The plaintiff is unaware of any other actions being taken on her behalf and Halstead believes it was not an isolated incident, according to the suit. Halstead claims the defendants\u2019 actions constitute sexual harassment as it was unwelcome and based upon her sex. The defendants\u2019 conduct was of such an outrageous nature as to constitute intentional infliction of emotional distress upon Halstead, according to the suit. Tom Kleeh, attorney for the school, told the Charleston Gazette-Mail that Swindell has not worked at the school since Halstead made the allegations. 2/17/25, 12:45 Former student says professor sexually harassed her | West Virginia Record 1/3 \u201cAs soon as any issues were reported, the university began an immediate investigation and the professor never taught at the university again. As soon as they got those reports he has never taught a class there since,\u201d Kleeh told the Gazette-Mail. Halstead is seeking compensatory and punitive damages. She is being represented by Akers of Akers Law Offices PLLC. The case is assigned to Circuit Judge James C. Stucky. Kanawha Circuit Court case number: 16-C-311 1 McCuskey's office says lawsuit to change federal disability law likely will be dismissed soon 2 Widow sues Logan County mine operator following husband's death 3 McCuskey joins other AGs investigating Fauci\u2019s COVID-19 response 4 Dunbar settles police brutality case for $100,000 5 Stuart nominated to serve as general counsel for 2/17/25, 12:45 Former student says professor sexually harassed her | West Virginia Record 2/3 e s t i rg in ia Re c ord ad is o n o un ty Re c o rd 2 0 4 5 ra n d ve h i ca g o llin ois 6 06 1 2 i nf o @ w v r e co rd. c om o o k o un t y e c ord lo r id a Re c ord eg a l e ws lin e o u i si a n a Re c ord a d i so n t la ir e c ord o r t h er n alif orn ia e c ord e nn syl v a n ia e c ord ou t he a s t Te x as Re c ord ou t he r n a lif orn ia Re c ord t o ui s e c o rd t a t e ou r t e d er a l ou r t o t op ic s t a t e u p re m e ou r t t a t e o v e rn m e n t t t o r n e ys & Ju d g e s a m p a i g ns l e ct ion s e ws le t t e rs i Ap p b ou t o n t a ct i r e ct ory \u00a9 2025 Madison County Record Privacy Policy | Terms of Service 2/17/25, 12:45 Former student says professor sexually harassed her | West Virginia Record 3/3", "7899_102.pdf": "Home All Journals Journal of Child Sexual Abuse List of Issues Volume 21, Issue 2 Father\u2013Daughter Incest: Data from an Ano .... Research, Treatment & Program Innovations for Sexual Victimization Across the Lifespan Volume 21, 2012 - Issue 2 Journal of Child Sexual Abuse \uf105 2,109 Views 56 CrossRef citations to date 1 Altmetric Male and Female Survivors of Sexual Abuse Father\u2013Daughter Incest: Data from an Anonymous Computerized Survey , Sandra S. Stroebel \uf0e0 , Stephen L. O'Keefe , Keith W. Beard , Shih-Ya Kuo & Samuel V. S. Swindell Martin J. Kommor Pages 176-199 | Received 28 Nov 2010, Accepted 22 Apr 2011, Published online: 27 Mar 2012 \uf10dCite this article \uf14c \uf15c Full Article \uf03e Figures & data \uf02d References \uf10d Citations \uf080 Metrics \uf02f Reprints & Permissions Read this article Abstract Retrospective data were entered anonymously by 1,521 adult women using computer- assisted self-interview. Nineteen were classified as victims of father\u2013daughter incest, and 241 were classified as victims of sexual abuse by an adult other than their father before reaching 18 years of age. The remaining 1,261 served as controls. Incest victims were more likely than controls to endorse feeling damaged, psychologically injured, estranged from one or both parents, and shamed by others when they tried to open up about their experience. They had been eroticized early on by the incest experience, and it interfered with their adult sexuality. Incest victims experienced coitus earlier than controls and \ue94e \uf07a \uf0c9 \uf2c0 2/17/25, 12:45 Father\u2013Daughter Incest: Data from an Anonymous Computerized Survey: Journal of Child Sexual Abuse: Vol 21, No 2 1/4 after reaching age 18 had more sex partners and were more likely to have casual sex outside their primary relationship and engage in sex for money than controls. They also had worse scores on scales measuring depression, sexual satisfaction, and communication about sex than controls. \uf002Keywords: father\u2013daughter incest child sexual abuse sexual satisfaction intimacy conflict divorce Additional information Notes on contributors Sandra S. Stroebel Sandra S. Stroebel, PhD, Department of School Psychology, Marshall University, South Charleston, West Virginia. Stephen L. O'Keefe Stephen L. O'Keefe, PhD, Department of Psychology, Marshall University, Huntington, West Virginia. Keith W. Beard Keith W. Beard, PsyD, Department of Psychology, Marshall University, Huntington, West Virginia. Shih-Ya Kuo Shih-Ya Kuo, PhD, Department of Criminal Justice, West Virginia State University, Institute, West Virginia. 2/17/25, 12:45 Father\u2013Daughter Incest: Data from an Anonymous Computerized Survey: Journal of Child Sexual Abuse: Vol 21, No 2 2/4 Samuel V. S. Swindell Samuel V. S. Swindell, JD, Department of Criminal Justice, West Virginia State University, Institute, West Virginia. Martin J. Kommor Martin J. Kommor, MD, Department of Behavioral Medicine and Psychiatry, West Virginia University Health Sciences Center, Charleston Division, Charleston, West Virginia. Related research \uf05a Recommended articles Cited by 56 \uf1e0Share People also read 2/17/25, 12:45 Father\u2013Daughter Incest: Data from an Anonymous Computerized Survey: Journal of Child Sexual Abuse: Vol 21, No 2 3/4 Information for Authors professionals Editors Librarians Societies Open access Overview Open journals Open Select Dove Medical Press F1000Research Opportunities Reprints and e-prints Advertising solutions Accelerated publication Corporate access solutions Help and information Help and contact Newsroom All journals Books \uf199Sign me up \ue900 \uf08c \uf166\uf18a Keep up to date Register to receive personalised research and resources by email Copyright \u00a9 2025 Informa Limited Privacy policy Cookies Terms & conditions Accessibility Registered in England & Wales No. 01072954 5 Howick Place | London | SW1P 1WG 2/17/25, 12:45 Father\u2013Daughter Incest: Data from an Anonymous Computerized Survey: Journal of Child Sexual Abuse: Vol 21, No 2 4/4"} |
7,814 | James B. Holderman | University of South Carolina | [
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] | {"7814_101.pdf": "Homosexuality charge leveled at Holderman Knight-Ridder Newspapers Staff Writer Herald-Journal Published 12:01 a.m Oct. 21, 1991 - For years, while traveling at public expense, James B. Holderman, who resigned as president of the University of South Carolina in a financial scandal last year, made sexual advances to some male student interns, the students say. The students, who have graduated, say Holderman overwhelmed them with travel, cash, scholarships and gifts - for some, a gold cross and chain. He also promised them good jobs, making it difficult for them to reject his overtures. At times, some of the students complained of Holderman's advances to authorities. Several professors and at least one member of the Board of Trustees knew of the allegations about Holderman for years. No investigation ever resulted. University president John Palms said in a statement Sunday he was \"distressed\" by the report and plans to begin proceedings to revoke Holderman's tenure at the school on Dec. 1. \"The alleged incidents as reported constitute very serious violations of the ethical standards expected in the university life. The possible improper use of university finances and alleged attempts to intimidate students cannot be tolerated on any university campus,\" Palms said in an Associated Press report. Holderman resigned in July 1990 and pleaded guilty this year to misusing his office to enrich himself, a misdemeanor, and no contest to evading state taxes, a felony. Holderman was found to have taken a $25,000 contribution to from a powerful law firm. He is serving five years' probation and performing 500 hours of community service. The students say they decided to speak publicly about Holderman's sexual advances partly because Holderman's attorneys said in June that he was trying to get a job with an unidentified \"major international orphanage.\" Holderman, 55, said through a lawyer last week that he \"categorically denies\" making any sexual advances toward students. But in interviews with The Charlotte (N.C.) Observer over several years, the students described their encounters with the powerful university president. Three students said Holderman asked them to get in bed with him fourth said Holderman placed and kept his hand on his buttock. W. Van Sant said Holderman asked him to write a letter expressing 2/17/25, 12:45 Homosexuality charge leveled at Holderman Knight-Ridder Newspapers 1/8 his affection for the president. When he traveled to Paris with Holderman in 1984, Van Sant said, Holderman asked the young man to share his bed and became angry when he wouldn't. Jeff Rogers said he was assigned to a room adjoining Holderman's at Washington's deluxe Madison Hotel and was then asked by Holderman to spend the night lying beside him in his bed. Student A, who asked not to be identified further, was a bodyguard for Holderman. On a trip to Washington, said Student A, Holderman patted the bed and said, \"Come lay by me and give me a hug.\" Student B, who also asked not to be identified further, said Holderman placed and kept his hand on his buttock while the two were alone on the balcony of a villa during an excursion to Kiawah Island, S.C. Professors and others say they know of four other students who told them Holderman made sexual advances. Five students told The Observer of Holderman actions that they found embarrassing or strange. After these incidents, some of the students left the intern program or stopped traveling with Holderman. At least seven students, now in their 20s and working, and five professors said they would be willing to talk to authorities about what they knew of Holderman's actions. From 1981 to 1989 records show, Holderman spent $780,000 to $1 million in public money on the highly unusual intern program, including scholarships, which he personally controlled. He described the program as ideal for training young leaders. Several students said Holderman told them, \"You could be the son never had.\" \"He was like Jim Jones,\" said Van Sant, referring to the cultlike leader who persuaded his followers to commit mass suicide in Guyana. Student said: \"Everything we were taught from our folks was being turned on its head by this very powerful man. . . . He was giving us gifts we hadn't worked for, telling us to keep secrets. . . . Once heard him say about a student he was angry at, `I'm going to fix that s.o.b.' \" Last week, Holderman rejected a telephone request from The Observer to meet to discuss the allegations. \"No won't be seeing you,\" said Holderman, president of the state's flagship public university from 1977 to 1990. He then hung up the phone. Later, The Observer wrote letters to Holderman and his attorneys requesting a meeting. Attorney Tom Vernon of Columbia telephoned The Observer, saying Holderman denied making any sexual advances. The students - all men and all graduates - are reluctant to talk publicly about Holderman's advances. They say they kept the advances secret for years, except for a few trusted friends and professors, because they are not gay and were embarrassed by the overtures. They feared that no one would believe their word over that of Holderman, one of the best-known and most influential men in South Carolina. The students said that no one witnessed Holderman's sexual advances and that any allegation would have been their word against Holderman's. Many of the students also say Holderman helped their careers and strengthened the university. They were reluctant to call attention to themselves or tarnish 2/17/25, 12:45 Homosexuality charge leveled at Holderman Knight-Ridder Newspapers 2/8 USC's reputation or further hurt Holderman, who recently separated from his wife. Some said they feared retribution. The professors say they are concerned that Holderman remains a tenured professor on leave from and the university's distinguished president emeritus, a title the trustees gave him when he resigned. These are the accounts four students give: In mid-1984, Holderman spotted Van Sant playing football on campus. Later, Van Sant said, a senior intern asked him to drop by Holderman's office. Holderman asked Van Sant, then 20, to be an intern, and when Van Sant agreed, Holderman handed him $400 in cash and a credit card. Holderman told him to buy a new wardrobe - specifying a charcoal-color suit, a gray suit, a pair of khaki pants, a blue blazer and two pairs of loafers, one brown and one black - at Granger Owings, a Columbia men's store. Holderman also gave Van Sant a $1,440 scholarship for the 1984-85 school year. In the next few months, Van Sant, who is from a small South Carolina town, flew with Holderman and other students on private jets, stayed in expensive hotels and sipped vodka tonics at restaurants in Washington, New York and Paris. During the early 1980s, Holderman told acquaintances that threats had been made against his life. In 1984, a deranged professor tried to take Holderman hostage. He began using student bodyguards. Van Sant became one of them. Holderman gave Van Sant a gold cross necklace that Holderman said was blessed by Cardinal Joseph Bernardin, the archbishop of Chicago. Bernardin, a Columbia native, helped Holderman bring Pope John Paul to in 1987. At first, Van Sant, whose father died while Van Sant was in elementary school, felt grateful for the attention from such a powerful man. But when Holderman began calling Van Sant at night to talk and occasionally asked to see the cross, Van Sant grew more uncomfortable. There were odd remarks: Holderman once said his dead mother had told him in a dream that Van Sant could be the son he never had, Van Sant said. Holderman has three daughters. Holderman also asked Van Sant to write a letter to Holderman telling of his affection for him, Van Sant said didn't want to do it, but did it anyway,\" he said don't even like to write my own mother.\" On a 1984 trip to Paris, Van Sant said, Holderman asked him to get into bed with him and became angry when he wouldn't. Van Sant said Holderman kept asking and he repeatedly refused. Van Sant said that it was not the first such advance Holderman had made and that the overtures made him terribly uncomfortable. Holderman never asked him to travel again, Van Sant said, and he was assigned to part-time work with the campus police. Van Sant said he never told anyone of Holderman's advances because was embarrassed thought people might think was gay.\" In fall 1985, Holderman invited student Jeff Rogers to his office to offer him a job as a part-time staff assistant. In addition, according to Rogers, Holderman said he would give Rogers a scholarship to finish his senior year and a scholarship to graduate school. Shortly 2/17/25, 12:45 Homosexuality charge leveled at Holderman Knight-Ridder Newspapers 3/8 thereafter, on a trip to New York, Holderman handed Rogers $600 in cash and told him to buy a camera he wanted, Rogers said. Holderman also gave him American Express and Bloomingdale's credit cards and told him to take several other students shopping for anything they wanted. Holderman told Rogers he could be the son he never had, according to the student. Then, in late 1985 or early 1986, while staying at the Madison, a deluxe Washington hotel, Rogers said, he was assigned a hotel room adjoining Holderman's. That night, Holderman and Rogers were talking in Holderman's room, Rogers said. He said Holderman was lying in bed. They chatted for a while, and then Holderman asked if he could turn out the light and if Rogers would spend the night beside him, Rogers recalled recently. \"When heard that got the hell out of the room. . . . It bothered the hell out of me.\" Back on campus, Rogers said, he told several student friends about the encounter, but no one seemed to know exactly what to do. Eventually, Rogers quit his part-time aide's job with Holderman. But Holderman kept in contact and, in all, gave Rogers more than $4,000 in scholarships for that and the next year, records show. Student became a Holderman bodyguard in late fall 1985. In their first few meetings, alone in Holderman's office, Holderman began trying to give Student hugs, Student said. Student also says Holderman told him he could be the son Holderman never had. The student said he resisted the hugs, feeling uncomfortable that Holderman was trying to forge such a close relationship. Student wondered what he had done to deserve it. In December 1985, the student was in Washington, staying at a hotel with Holderman and some interns. Early that morning, Student got a telephone call from Holderman to come to Holderman's bedroom. There, he said, he found Holderman, in pajamas, propped up on pillows in the middle of a king-sized bed. Holderman said, \"Come lay by me and give me a hug,\" the student recalled. Holderman patted the bed at the same time. Student said he told Holderman he would feel uncomfortable hugging him and declined to do so. Shortly after the trip, Holderman called Student in and gave him a gold watch and a gold cross necklace that Holderman said had been blessed by Bernardin, said Student A. He said the presents and the attempted hugs made him think Holderman was trying to buy his loyalty. Several days later, in a meeting in Holderman's office, Student returned all his gifts - except for a suit, which had been made to fit him. After he returned the gifts, Student said, Holderman asked for a hug. Student remained assigned to Holderman's security detail but never traveled overnight again with Holderman. The next semester, the student got a scholarship. Holderman also offered to help Student get a job; Student said he declined. In summer 1983, Holderman and several others checked into a Kiawah Island resort near where Student was living. Each year expense records show, Holderman took overnight trips with interns and students at South Carolina coastal resorts. 2/17/25, 12:45 Homosexuality charge leveled at Holderman Knight-Ridder Newspapers 4/8 Often, other administrators went along. According to Student B, the following happened: Holderman asked Student to join his party at their villa. That afternoon, the student walked out on the villa balcony with Holderman was wearing a T-shirt and shorts. When leaned over the railing and started pointing to . . . trawlers, Dr. Holderman placed his hand on my buttocks and held it there for five to 10 seconds,\" Student said hesitated, but finished speaking.\" Student recalled started freaking out inside said (to myself), `What is this guy doing?' \" He said he took the action to be a sexual advance, not the friendly pat a coach might give an athlete. The student said he moved away but tried to show no emotion. Holderman never again made sexual advances, he said. That fall, the student accepted Holderman's invitation to join the intern program but said he kept his distance. Once, Holderman bought him a sports jacket and said, \"Don't tell your parents.\" Another time, Holderman told him: \"You could be the son never had.\" Student decided to drop out of the program in early 1984, partly because of his grades and partly because Holderman was demanding more of his time for work and travel. When he did, the student said, Holderman told him: \"You can't leave have plans for you.\" D. Harrison met Holderman at a campus question-and-answer breakfast in the student union in February 1985. Two days later, Holderman called Harrison into his office to offer him a tryout for an intern job. Holderman questioned Harrison at length about his life, including whether Harrison was having sex with his girlfriend, Harrison said. The next morning, Holderman, Harrison and some interns flew to Washington. On the plane, Holderman and Harrison sat in the first-class section, apart from the interns. Holderman said he had high political ambitions, and he wanted Harrison to come along with him. In Washington, a senior intern, with a credit card from Holderman, took Harrison and the other interns to the Polo Shop, an exclusive men's store. There, the senior intern encouraged Harrison to buy a suit didn't even want to try it on,\" Harrison said had a couple of suits at home, and didn't need a third one.\" But he eventually took it, he said, because the message from the others was clear: \"It's all right; he wants you to have clothes.\" Back at the hotel, Harrison said, Holderman encouraged the students to show him what they bought. The gift served as \"a red flag\" for Harrison hadn't done anything to deserve it,\" he said. He said he appreciated Holderman's generosity don't want to sound ungrateful,\" Harrison said, explaining why he was reluctant to talk about his experience. But when he returned to Columbia put 2 and 2 together knew that didn't need to stay around.\" Soon afterward, he said, he mentioned his uneasiness around Holderman to a professor in the music department. Later, Harrison said, he warned a friend in the music department who was interviewing for an intern job to stay away from the program. Some students say they were embarrassed by Holderman's actions or found them strange. Student 2/17/25, 12:45 Homosexuality charge leveled at Holderman Knight-Ridder Newspapers 5/8 Bill Perry says he had met Holderman several times on campus. After Holderman asked him several times if he wanted to try traveling as an intern, Perry went to Chicago in October 1985. He was assigned a room adjoining Holderman's, and Holderman offered Perry a bathrobe. When Perry refused the gift, he says, Holderman became angry and told Perry to move to another floor that night. Perry said he felt ashamed to be kicked out of Holderman's suite. He later became an intern but never traveled with Holderman again. Student says an intern introduced him to Holderman, who asked him to join the intern program. In summer 1985, Student said, Holderman gave him a gold cross necklace and told him he felt Student was the \"son never had.\" Student said Holderman also gave him $500 in cash. About that time, Student said, Holderman took him on a trip to Washington with some other students, gave him a credit card and told him to buy some clothes. When the student came back with a new bathing suit, Holderman asked him to put it on so he could see it, Student said. He refused. The student also remembered a conversation that summer in which Holderman asked Student what he thought of gay people. Student recalls telling Holderman he liked \"the B's: blondes, brunettes and beer was sending him a message that wasn't homosexual,\" said the student, who said he had nothing against homosexuals but was heterosexual. Student C, now married, said Holderman offered him a stereo and a television but never gave him those gifts. Once, the student said, Holderman bought an intern a complete set of James Bond movies on videotape. At meals with Holderman at fancy restaurants, Student said, students were encouraged to drink: \"The liquor was flowing.\" Holderman, he said, would try to hug him and say things like love you, bud.\" \"And then he would say, `Don't you love me?' He was like a bulldog because he would never let go,\" the student said. In early 1984, Holderman saw S. Lee's picture in the student newspaper after Lee won a Mr. Carolina contest. Summoning Lee to his office, Holderman told him he would like him to join the intern program. Lee said Holderman also gave him a watch and asked him to keep it secret. Another time, Holderman gave Lee a gold cross necklace that Holderman said was blessed by Bernardin. Later, Holderman asked Lee if he was wearing the necklace and appeared perturbed because Lee wasn't, the student said. Lee never joined the program because of his grades, which Holderman said had to be higher. He said he found Holderman's actions strange but didn't consider them sexual advances at the time. Lee told his experience to another student, D. Weaver. Holderman had asked Weaver to be an intern, but Weaver told Holderman his grades weren't high enough. Holderman said he could \"work around\" any grade problems, Weaver recalled. Weaver thought that was strange and, remembering Lee's account, chose not to pursue Holderman's offer. In the mid-1980s, Student ran into Holderman at Hilton Head Island, where Holderman had a resort home. 2/17/25, 12:45 Homosexuality charge leveled at Holderman Knight-Ridder Newspapers 6/8 Holderman asked Student to come by his house to talk about joining the intern program. When the student arrived, Holderman invited him to swim in his pool, and as they chatted, Holderman began to ask personal questions, including where Student D's girlfriend spent the night. Student accepted Holderman's intern offer but said he was so unnerved by the questions that he never reported for work. Other former interns say Holderman didn't make sexual advances. \"Not while was working there did see anything like that,\" said student Bill Kotti. Records show that Kotti traveled with Holderman 17 times from 1983 to 1986 and received more than $7,371 in scholarships. \"Nobody ever made a pass at me when worked up there.\" Kotti was one of Holderman's senior interns, with responsibility for supervising others. He said he would tell the truth about his job if ever questioned by authorities, but he told The Observer recently: \"I'm not sure if have to tell the truth to a newspaper.\" Former intern Dean Livingston, who traveled with Holderman, said he never saw him do anything inappropriate. Some professors say they were hearing directly from students that Holderman was making sexual advances during out-of-state trips. Professors interviewed by The Observer said the information was given to them in confidence, and they would not identify the students. In late 1985, a student told Professor Natalie Kaufman in the government and international studies department that a high-ranking official had made an advance to the student during a trip to Washington. The student didn't identify the high-ranking official, but Kaufman knew the student was traveling with Holderman and says that, because of conversations with the student, she had no doubts that Holderman was the official. \"He was so frightened he was going to lose everything,\" Kaufman recalled. But the young man didn't lose his job with Holderman and didn't want to file a complaint, Kaufman said. Concerned about the allegation, Kaufman decided to tell Professor Keith Davis, a trusted friend and former provost who still teaches in the psychology department. ers had reported similar allegations. Davis would not identify the faculty leader. Within 24 hours of that conversation, Davis said, an anonymous threat was left on his answering machine: \"This is the Big Dick. You better mind your own business, or you will get it in the end.\" At that point, Davis decided not to take his inquiry any further felt like somehow had been betrayed,\" Davis said recently wasn't comfortable that appropriate action would be taken and didn't feel like we could guarantee to the student that he could be protected.\" Davis said he had no way of knowing if other people had heard similar allegations from students. Student Jeff Rogers says he also went to a top administrator, Ken Schwab, with his allegation that Holderman had invited him into bed. Rogers said Schwab didn't seem alarmed by that or Holderman's gift-giving. \"Schwab just said he is just sort of a touchy guy, and he wants to develop loyalty, and he is a very generous man,\" Rogers said. Schwab did not respond to 2/17/25, 12:45 Homosexuality charge leveled at Holderman Knight-Ridder Newspapers 7/8 repeated efforts to reach him. Others in the university community say they heard allegations as far back as 1982 or were simply concerned about the nature of the intern program. In 1982, an intern told a alumnus, who is now an adviser to the university, that Holderman made overtures to him. The alumnus, who lived in Columbia, did not tell anyone at the time, and he refused to discuss the matter for publication with The Observer or to allow his name to be used. He said he feared public criticism because he serves in an important volunteer role professor and administrator Jim Kuhlman says students told him in 1984 and 1985 about Holderman's elaborate gifts. \"They said, `I'm a little embarrassed about getting gifts; what do do?' . . . And my response was: `Hang tough; just don't accept them. It is flat-out professionally unethical for you to receive gifts from the president of the university.' \"They said, `It's hard to turn this down said . . . `You can't accept gifts from an individual and not be compromised - you are compromised the second you take that stuff,' \" said Kuhlman, a longtime Holderman friend who was then director of USC's Byrnes International Center. Kuhlman, who now teaches international business, said he personally warned Holderman that the gifts and travel with students didn't look right. Holderman ignored his advice, Kuhlman said 2/17/25, 12:45 Homosexuality charge leveled at Holderman Knight-Ridder Newspapers 8/8", "7814_102.pdf": "University of South Carolina leader's legacy one of celebration, controversy COLUMBIA, S.C. \u2014 James Holderman, former president at the University of South Carolina, has passed at age 85. During his tenure at USC, 1977-1990, Holderman was credited with expanding the Honors College and raising academic standards for incoming freshmen in an effort to rebrand the image of the university as one of a more serious educational institution. He was also successful in securing increased state funding for USC, creating the university\u2019s endowment program and promoting USC\u2019s international business programs. Twentieth Century film studios also donated its Movietone News Collection \u2013 one of the largest nitrate film collections in the United States \u2013 to USC\u2019s Moving Image Research Collection in 1980, giving the university exclusive rights to license content from the collection. Aiming to increase the university\u2019s profile on the national \u2013 and international \u2013 stage, Holderman was able to attract former presidents Ronald Reagan and George Bush, Pope John Paul II, former Secretary of State Henry Kissinger and celebrities such as Bill Cosby and Fred Rogers to the Columbia campus. Former UofSC president James Holderman dies at 85 Author Published: 3:16 April 4, 2021 Updated: 6:31 April 4, 2021 \uf04b 2/17/25, 12:45 James Holderman, former UofSC president, dies at 85 | wltx.com 1/2 The University sent out this statement on Holderman's death: \"The University of South Carolina community is saddened to learn of former President James Holderman\u2019s passing... The positive impact our university alumni continue to have in their communities is part of his legacy. We send our sincere condolences to his family and loved ones during this difficult time.\" For all of his successes in fundraising and gifts to the university, Holderman's end at was tied up in the school's finances. In 1986 an investigation into the university\u2019s finances found Holderman paid Jehan Sadat, the widow of Egyptian president Anwar Sadat, $350,000 to teach for three semesters. Further investigations into Holderman\u2019s spending practices lead to charges of misuse of university funds for personal gain and tax evasion. Holderman resigned as president in 1990 and, in 1992, the university\u2019s board of trustees took away his tenure amid allegations of sexual assault made against him. His legal worries continued as he was later convicted of bankruptcy fraud in 1996 and in 2003, arrested during an sting for attempting to launder drug money and sell student visas. Holderman died April 3, 2021. Related Articles still on life support and hospitalized after heart attack Vast archives at Library help bring 'Hemingway' to life Easter Sunday coincides with anniversary of Martin Luther King Jr. assassination ARTICLE... 2/17/25, 12:45 James Holderman, former UofSC president, dies at 85 | wltx.com 2/2", "7814_103.pdf": "Former UofSC Pres. James B. Holderman, who resigned amid controversy, dies Published 9:41 a.m April 5, 2021 Updated 3:39 p.m April 5, 2021 Former University of South Carolina President James B. Holderman, a man with a controversial tenure that ended with his 1990 resignation from the school, died last week at the age of 85. \"The University of South Carolina community is saddened to learn of former President James Holderman\u2019s passing,\" a statement from the university reads. Holderman was the president of UofSC from 1977 to 1990, when he resigned after allegations that he mishandled university money for personal gains. He was indicted on those charges a year later, according to the Greenville News. It was revealed that he misused his $2.3 million discretionary spending fund, including giving confidential gifts as large as $1,000 to government officials, their spouses, and visiting lecturers, according to a 1989 Greenville News report. The spending was revealed in an audit presented to the Board of Trustees. During the investigation into Holderman, The Greenville News took the university and its foundation to the state Supreme Court to obtain records related to the then-president's misuse of state money university official denied such records existed, but had secretly ordered them to be destroyed in a Richland County landfill, according to a News report from March 17, 1991. Two reporters dug through six feet of garbage to uncover the files, which contained evidence of Holderman's illegal activity. The files were turned over to law enforcement as part of their investigation. Holderman's post-university life was as storied as his presidential tenure. Zoe Nicholson Greenville News 2/17/25, 12:45 Former president with controversial history, James Holderman, has died 1/2 In 1991, his ex-wife accused him of physical and emotional abuse during their 31-year marriage, according to a report from the AP. That same year, Holderman was accused of sexual harassment by several students, all men, according to a 1991 copyrighted report from the Charlotte Observer. Holderman would lavish students with university funds, while traveling on the university's dime, and make unwanted advances towards them, the students told The Observer. Five years later, Holderman was charged with fraudulent bankruptcy charges and spent nine months in prison, according to the Greenville News. He was released in 1997. Holderman pled guilty to those charges, but prosecutor Dick Harpootlian (now a state senator) said he was \"not repentant,\" according to the Greenville News. In 2003, Holderman and a former UofSC intern were caught up in an sting in Miami for trying to launder $400,000 in drug money, according to The Greenville News. Holderman's defense attorney claimed his client's illegal activities were the result of mental illness, according to the report. Expert witnesses from his 1996 bankruptcy trial revealed Holderman suffered from manic depression. Holderman was widely regarded as a top leader during his tenure. He oversaw the university during a period of growth and educational excellence, according to UofSC. During his tenure as president, Holderman was an outspoken advocate for higher education in the state and helped bring in research funding for UofSC, according to past news reports. He oversaw a restructuring of the athletic department and \"presided over the foundation of the South Carolina Honors College,\" according to the university. \"The positive impact our university alumni continue to have in their communities is part of his legacy. We send our sincere condolences to his family and loved ones during this difficult time,\" the school said in a joint statement. Zoe covers Clemson \u2014 just don't ask her about touchdowns or tackles. She covers everything non-sports. Find her at znicholson@gannett.com, @zoenicholson_ on Twitter, and @zoenicholsonreporter on Instagram. 2/17/25, 12:45 Former president with controversial history, James Holderman, has died 2/2", "7814_104.pdf": "Congressional Ethics 2017 Nunes Cleared in Ethics Query 2017 Jury Deadlocks in Menendez Trial 2016 Veteran Lawmakers Wrestle With Criminal Cases and Ethics Problems 2015 Investigations Cost Grimm and Schock While Others Also Are Under Clouds 2015 Former Speaker Hastert Pleads Guilty in Sexual Abuse Hush Money Scheme 2015 Congress Is Slow to Punish Its Members 2012 Stock Act Compels Disclosure of Lawmakers' Financial Activity 2012 Ethics Panels Resolve Four Inquiries 2011 Ethics Offenses Lead to Four Lawmaker Resignations in 2011 2010 Waters, Other Ethics Investigations 2010 Longtime Ways and Means Chairman Rangel Censured for Ethics Violations 2009 Rangel, Burris Top Ethics Concerns 2008 Majority Gains 21 More House Seats 2008 Ethics Panels Spared Major Cases 2007 Craig, Jefferson Top Ethics Concerns 2006 Scandals Plague House 2006 Lobbying Scandal Leads to Flurry Of Activity, No Significant Change 2006 DeLay's Departure Marks End of Era 2005 House Ethics Panel Unable to Function 2004 Ethics Panel Admonishes DeLay 2002 Two Veteran Members Leave in Disgrace 2001 Slow Year for Ethics Investigators 2000 House Ends Three-Year Shuster Ethics Case With Grant of Immunity 1998 House Ethics Committee Reconvenes; Panel To Operate Under New Set of Rules 1997 Gingrich Case Prompts Ethics Overhaul 1997 Congressional Ethics Cases Get Attention in 1997 1996 Gingrich Subject of Ethics Probe 1996 Ex-Rep. Tucker Convicted of Fraud, But Most Members Investigated By Ethics Committee Cleared 1996 Committees Clarify Ethics Rules 1995 Sen. Packwood Resigns in Disgrace 1995 Ethics: Panel to Hire Special Counsel in Gingrich Investigation 1995 Ethics Cases Color First Session Cloud of Scandal Hovers Over Capitol Hill An article from Almanac 1992 Document Outline Hatfield Rebuked Packwood Accused of Harassment Adams Drops Re-Election Bid McDade Indicted Mavroules Indicted Legal Cloud Lifted From Robb Dixon Not Tied To Keating Affair Inouye Faces Allegations The House bank and Post Office scandals topped the news, but individual lawmakers had their share of ethics problems in 1992: Hatfield Rebuked The Senate Ethics Committee rebuked Mark O. Hatfield, R-Ore., on Aug. 12 for accepting and failing to report gifts worth nearly $43,000 between 1983 and 1988 as well as three unspecified travel reimbursements. The committee found that Hatfield had violated the 1978 Ethics in Government Act and Senate rules, and deemed his actions \u201cimproper conduct reflecting upon the Senate.\u201d It did not recommend discipline by the full Senate, closing the case on Hatfield. Most of the gifts cited by the committee were from Dr. James B. Holderman, former president of the University of South Carolina. While Hatfield chaired the Appropriations Committee in 1986, Congress approved a $16.3 million grant to the school. In the course of its 15-month investigation, the ethics panel did not find evidence of criminal violations or willful wrongdoing by Hatfield, and it found no connection between Hatfield's official actions and acceptance of the gifts. His shortcomings were instead attributed to \u201cnegligence\u201d and \u201cinattention.\u201d Seemingly as a warning to others, the committee pointedly noted that even if the gifts were not linked to Hat-field's official actions, they were \u201cinappropriate and cannot be condoned.\u201d Chairman Terry Sanford, D-N.C., and Vice Chairman Warren B. Rudman, R-N.H., said that the transgressions were serious and that the committee's action was a significant discipline think particularly with a person with a long public service record, that he would find this very serious,\u201d said Sanford. \u201cIt is a serious rebuke,\u201d added Rudman. After the panel's decision, Hatfield said accept and agree with the committee's judgment\u2026. My mistakes were many and my omissions serious.\u201d The Justice Department began an inquiry into criminal and civil charges against Hatfield. Asked about the inquiry, Rudman said, \u201cMy sense is that their conclusion evidently must be such as ours, or else think we would have heard otherwise.\u201d By accepting the Ethics Committee's decision, Hatfield forestalled any further hearings or action against him by the Senate in the case. For Hatfield, the decision brought to an end an unpleasant chapter in a career that began in the Oregon House in 1951 and included two terms as governor. He was re-elected to a fifth Senate term in 1990, several months before newspapers in South Carolina and Oregon began reporting on the free-spending ways Holderman used to promote his school. (1991 p. 43) After the allegations were made, Hatfield filed amended financial disclosure reports, changed his office's procedures for filling out financial disclosure forms 2/17/25, 12:45 Almanac Online Edition 1/6 1994 Packwood Ethics Probe Continues 1994 Misconduct Charges Plague Members 1994 Incoming Speaker Gingrich Focus of Investigation 1993 Rostenkowski Investigated in Stamp Scam 1993 Packwood Faces Harassment Charges 1993 Indictments, Convictions Plague Congress 1992 Voters Enraged Over House Bank Abuses 1992 Cloud of Scandal Hovers Over Capitol Hill 1992 Clinton Announces New Ethics Standards 1991 Scandals Plague Members in First Session 1991 New Organization of Ethics Committees 1991 Hatfield Subject of Ethics Investigations 1991 D'Amato's Conduct Found \u2018Improper, Inappropriate\u2019 1991 Cranston Reprimanded by Senate Ethics 1990 Panel Probes Senators' Aid to Keating 1990 Frank Reprimanded for Ties to Prostitute 1990 Durenberger Denounced Over Finances 1989 Speaker Wright's Alleged Violations 1989 Scandals Kept Ethics Panels Busy 1988 Ethics Concerns Focus on Speaker Jim Wright 1987 House Democrats Ensnared in Ethics Probes 1986 Committee Finishes Two of Four Ethics Probes 1984 Three Members Subject to investigation by Ethics Committee: George Hansen, Geraldine A. Ferraro, and Sen. Mark O. Hatfield 1983 Two Members Censured 1983 Government Ethics Office 1982 Sen. Williams Resigns, Averts Expulsion 1982 Groundless Page Sex Charges Prompt Reforms 1980 Senators' Legal Defense 1980 \u2018Abscam\u2019 Scandal Clouded Congress' Image 1979 Talmadge Denounced 1979 Hill Financial Disclosure 1979 Censure of Rep. Diggs 1978 Ethics and Crimes 1978 Congress Ends 'Koreagate' Lobbying Probe 1978 Carter Signs Government-Wide Ethics Bill 1977 Presidential Statement: Carter Proposes Federal Ethics Standards 1977 House, Senate Adopt New Codes of Ethics 1977 Financial Disclosure 1976 Congress 1976: Spotlight on Ethics 1970 House Ethics 1970 Accusations of Wrongdoing During 91st Congress and said he would no longer accept gifts from anyone except family members and close friends who had no stake in his official duties. In addition to the gifts enumerated in the resolution, the committee reviewed the propriety of Hatfield's acceptance of low- and no-interest loans and his son's acceptance of a scholarship to the University of South Carolina estimated to be worth at least $15,000. The committee did not officially mention \u2014 and thus did not object to \u2014 the loans themselves or reports that John Dellenbeck, a former House member who forgave more than $75,000 of his loans to Hatfield, had at one point discussed federal grants for a coalition of Christian colleges with Hatfield. It only objected to Hatfield's failure to disclose interest forgiveness. Asked whether Dellenbeck lobbied Hatfield, Sanford said think that depends on your definition of lobbying.\u201d Similarly, the panel did not object to forgiveness of a $58,000 loan from banker Charles E. Cook, or a $50,000 loan from L. David and James E. Carley, developers who relied heavily on a Housing and Urban Development program Hatfield supported. Both had more than a passing interest in matters before Congress but apparently did not directly lobby Hatfield. Moreover, the panel found no impropriety in the scholarship for Hatfield's son. Rudman and Sanford noted that Hatfield was informed of the scholarship after it was awarded. Rudman also said that Hatfield's son was an \u201cemancipated person\u201d \u2014 over 18 and financially independent \u2014 at the time he received the funds. The committee, divided equally between Democrats and Republicans, voted 5-1 for the resolution to rebuke Hatfield. Democratic Sen. Richard H. Bryan of Nevada said that while he agreed with the outcome, he wanted stronger language in the resolution. While Bryan refused to elaborate on his objections, his dissenting vote was highly unusual, a first according to Bryan. Typically the panel did not go public until its findings were unanimous. The committee rebuke of Hatfield was a stronger action than that taken against four of the five senators involved with savings and loan magnate Charles H. Keating Jr. The committee found them guilty of poor judgment and issued letters to that effect. The rebuke was not as strong as the action taken against the fifth senator, Alan Cranston, D-Calif., who was \u201creprimanded\u201d before the Senate in Nov. 20, 1991, in an unusual action that did not require a vote. (1991 p. 26) Packwood Accused of Harassment Oregon Republican Sen. Bob Packwood came under pressure to resign after a number of women accused him of sexual harassment. The Washington Post on Nov. 22 published a long article detailing allegations by 10 women that Packwood made unwanted sexual advances toward them while most were working for the senator. Without admitting to any specific misbehavior, Packwood issued an apology. Several Oregon women's groups called for an investigation and demanded that he resign. When confronted by Post reporters just before the election against Rep. Les AuCoin, D-Ore., Packwood denied the women's allegations and attempted to discredit his accusers, the paper said. After Packwood beat AuCoin 52 percent to 48 percent, he issued an apologetic statement will not make an issue of any specific allegation. If any of my comments or actions have indeed been unwelcome or if have conducted myself in any way that has caused any individual discomfort or embarrassment, for that am sincerely sorry. My intentions were never to pressure, to offend, nor to make anyone feel uncomfortable, and truly regret if that has occurred with anyone either on or off my staff,\u201d he said. Packwood then entered an alcohol treatment facility on Nov. 30 for an evaluation hope my past conduct is not unforgivable,\u201d his statement said. \u201cUpon reflection realize have problems and will seek professional advice in connection with my use of alcohol.\u201d In an unprecedented move, the Senate Ethics Committee on Dec. 1 began a \u201cpreliminary inquiry\u201d into the allegations. It was the first time the panel was publicly known to have undertaken a sexual harassment investigation. The irony of the charges against Packwood was that he had long been considered a champion of women's issues, leading the fight for abortion rights 2/17/25, 12:45 Almanac Online Edition 2/6 1969 Three Branches Involved in Ethics Controversies 1968 Ethics Developments 1967 Senate Censures Dodd for Misuse of Political Funds 1967 Adam Clayton Powell Excluded From House; He Files Historic Lawsuit to Regain Seat 1966 Senate Committee Studies Charges Against Dodd 1965 Second Report on Bobby Baker Issued, Indictment Filed 1965 Joint Committee Set Up to Study Congress 1964 Senate Rejects Financial Disclosure Rule 1964 Republicans Attack Conduct of Baker Investigation 1964 Miller Ethics Questioned 1963 Baker Case Spotlights Congressional Ethics 1962 Committees Air Billie Sol Estes Dealings 1961 President Kennedy's Message on Conflicts of Interest 1951 \u201cEthics\u201d Investigation Lobbying and Special Interests before many Democrats, much less a pro-choice Republican, ever took a public position. He also won praise from women's groups for hiring and promoting women in his office. According to the Post article, the 10 women said Pack-wood \u201cwas abrupt, grabbing them without warning, kissing them forcefully and persisting until they made clear that they were not interested or had pushed him away.\u201d Most of the incidents dated to the late 1970s and early 1980s; frequently, the article said, they occurred when Packwood seemed to have been drinking. Some female aides told the Post that senior women on Packwood's staff warned them against working alone with the senator. Packwood's former wife, Georgie Packwood, told the Post have been aware of these allegations for many years. It does not come as any surprise to me.\u201d More allegations quickly surfaced. Holly Pruett, executive director of the Oregon Coalition Against Domestic and Sexual Violence, said that her group had recently received calls from five women \u201cwith direct, personal experiences of Sen. Packwood's sexually inappropriate behavior.\u201d Packwood came under intense pressure to resign. \u201cFor the sake of the country as a whole as well as for the institution call on his colleagues not to tolerate this,\u201d said Mary Nolan, a Democrat who was past president of the Oregon chapter of the National Abortion Rights Action League. The state Democratic Party called for Packwood to step down am not going to resign under any circumstances,\u201d Packwood told a crowded Capitol Hill news conference Dec. 10. \u201cWhat did was not just stupid or boorish,\u201d he said. \u201cMy actions were just plain wrong, and there is no other better word for it.\u201d He urged Oregon voters to allow him to repair \u201cthe bond of trust between us,\u201d which he acknowledged \u201cis stretched thin right now.\u201d The quick decision to investigate the matter by the usually slow Ethics Committee followed pressure by Senate leaders for fast action, reflecting their sensitivity after the 1991 firestorm over the chamber's handling of harassment allegations against Clarence Thomas during hearings on his Supreme Court nomination. Gloria Allred, a Los Angeles sexual harassment lawyer who heads a group called the Women's Equal Rights Legal Defense and Education Fund, filed a formal complaint with the Ethics Committee in a letter dated Nov. 25 and received Nov. 30. \u201cThe American people have a right to know whether the allegations are true or false,\u201d her complaint said. Senate Majority Leader George J. Mitchell, D-Maine, and Minority Leader Bob Dole, R-Kan., called for quick action on Packwood. \u201cThe allegations are serious and should be taken seriously,\u201d Mitchell said expect there will be a prompt and thorough investigation.\u201d The Ethics Committee responded to Allred's complaint the day after it was received, saying it had begun a preliminary inquiry. Under the panel's rules, a \u201cpreliminary inquiry\u201d was the first phase of its process for handling unsworn complaints, followed by an \u201cinitial review\u201d and finally a formal \u201cinvestigation.\u201d Sexual discrimination activists greeted the announcement with wary praise. \u201cIt's the first time in history that the Ethics Committee is dealing with sexual harassment, so we're glad that they're treating it seriously,\u201d said Jean Dugan, a member of the Capitol Hill Women's Political Caucus' Sexual Harassment Task Force. Adams Drops Re-Election Bid Following a Seattle Times account that portrayed him as habitually prone to sexual misconduct, Democratic Sen. Brock Adams of Washington ended his bid for a second term March 1. \u201cThis is the saddest day of my life,\u201d said Adams at an emotional news conference in Seattle have \u2026 never harmed anyone.\u201d The Senate Ethics Committee on May 22 dismissed an ethics complaint against Adams because the allegations were based on anonymous sources and because the alleged incidents occurred before he was a senator. It was not the first time Adams, a former House member and Transportation secretary, had been accused of sexual misconduct. Allegations surfaced in 1988 that he had drugged and molested Kari Tupper, a 26-year-old family friend, at his Washington, D.C., home. Adams denied those charges. While Adams weathered Tupper's allegations, the Seattle Times story was insurmountable. It presented detailed and similar accounts by eight women who said Adams had made unwanted and inappropriate sexual advances toward them. Some women accused him of drugging them. One woman, described as a Democratic activist, said that in the early 1970s Adams drugged and raped her, leaving $200 as he departed. In not pursuing the complaint, the Ethics Committee said that Tupper never gave \u201cany indication of a desire to initiate proceedings\u201d in the five years since the incident. But Tupper's lawyer said that she was willing to cooperate, but had not been contacted by the committee. 2/17/25, 12:45 Almanac Online Edition 3/6 Norleen Koponen, president of the Washington state chapter of the Nation Organization for Women, which filed the complaint, criticized the panel's decision. \u201cThis tells us again that these men just don't get it. They don't understand how devastating assault, harassment and rape can be.\u201d McDade Indicted Rep. Joseph M. McDade, R-Pa., was charged on May 5 with running his office as a criminal enterprise by enriching himself over five years with more than $100,000 worth of extorted favors, bribes and illegal gratuities. The five-count indictment by a federal grand jury in Philadelphia focused on his work in behalf of defense firms seeking government contracts, some for work in his unemployment-plagued district. McDade, a lawyer, denied wrongdoing and vowed \u201cto stay and fight\u201d the charges am innocent of these charges, and look forward to taking the oath of office with you next January,\u201d McDade said in a May 4 letter telling colleagues of the pending indictment. McDade faced 34 years in prison and $1.25 million in fines if convicted of all counts. Despite the indictment, McDade breezed through the election, winning 91 percent of the vote with no major-party opposition. After he was charged, some House Republicans pressed McDade to relinquish his post as ranking Republican on the Appropriations Committee. McDade left it up to Minority Leader Robert H. Michel, R-Ill., who decided against forcing him to give up the post. When House members organized in December for the 103rd Congress, the Republican Conference rejected a proposed rule that would have forced any committee leader to give up his post while under indictment. McDade's troubles were first detailed in a front-page story in The Wall Street Journal on Dec. 1, 1988, three months after the Justice Department began its probe. The newspaper reported that the was investigating the lawmaker's ties to United ChemCon Corp. (UCC), a company with headquarters in the southern Pennsylvania city of Lancaster and a factory in McDade's district. Prosecutors had said that officials and associates of the bankrupt and then-defunct firm defrauded the government of $12 million. Much of the McDade indictment stemmed from that investigation, which had produced guilty pleas from a dozen associates who were cooperating with prosecutors. Among them: Raymond S. Wittig, a one-time aide to McDade (when he was ranking Republican on the Small Business Committee) who later became a lobbyist. McDade helped the once-tiny company get its first big government contracts in the mid-1980s to bring jobs to the recession-wracked Allegheny Mountain town of Renovo did nothing other than help a town in my district that was faced with 85 percent unemployment,\u201d McDade said. The indictment also included allegations related to five other contractors, two of which were involved in earlier defense procurement scandals. In addition to the conspiracy and illegal gratuity charges, the indictment accused McDade of violating the Racketeer Influenced and Corrupt Organizations (RICO) act, a law originally meant to make it easier to convict mobsters. McDade said U.S. Attorney Michael M. Baylson, who headed the Philadelphia office, \u201cintends to stretch and misuse the statute to cover up his evidentiary deficiencies. This is perhaps the greatest outrage of this case.\u201d Implying that the case was built on legal technicalities, McDade accused prosecutors of harassing him to enhance their careers. He also charged Baylson with an \u201cobvious conflict of interest.\u201d As the 1986 campaign treasurer for Sen. Arlen Specter, R-Pa., Baylson accepted campaign contributions from some of the same UCC-connected individuals as McDade know some will question whether a political motive truly exists in this case,\u201d McDade said. \u201cAfter all, (Baylson) and belong to the same political party. Perhaps it is pure ambition; the scalp of a sitting member of Congress would certainly not hurt one's political career at the Department of Justice.\u201d Baylson said he would respond if and when McDade \u201cmakes these allegations in motions filed with the court.\u201d Mavroules Indicted Rep. Nicholas Mavroules, D-Mass., was indicted on Aug. 27 on 17 counts of extortion, racketeering, tax evasion and abuse of office. The indictment, returned by a federal grand jury, accused Mavroules of soliciting and accepting free cars and cash for a variety of favors during 20 years in public office. \u201cCongressman Mavroules used the power of his office to enrich himself,\u201d said U.S. Attorney A. John Pappalardo. Mavroules denied the charges, calling them politically motivated and designed to hurt him just three weeks before the Democratic primary. Mavroules won the primary but lost in the general election to Republican Peter G. Torkildsen simply and firmly declare my innocence and say am confident that in the end will be vindicated,\u201d Mavroules said in a news conference shortly before the indictment was announced. 2/17/25, 12:45 Almanac Online Edition 4/6 Mavroules had acknowledged accepting the free use of cars from a local dealership during his years in Congress. He had said his failure to report the cars on House financial disclosure forms or annual tax forms was an oversight. But the 25-page indictment stated that Mavroules solicited the use of the cars \u2014 valued at $75,000 \u2014 and for four years asked that they be put under a false name. Federal prosecutors also alleged that as mayor of Peabody, Mavroules extorted $25,000 from the owners of a liquor store for his assistance in securing a license. The indictment also said Mavroules arranged for a job in the store for his brother. He was also charged with extorting $12,000 in 1985 in return for arranging a prison transfer for a convicted drug trafficker and soliciting and receiving a discount for the use of a beach house. Mavroules faced penalties in the millions of dollars and 20 years or more in jail if convicted on all counts. Legal Cloud Lifted From Robb After a 19-month investigation that damaged Sen. Charles S. Robb's straight-arrow image, a federal grand jury on Jan. 12, 1993, voted not to indict the Virginia Democrat on conspiracy and obstruction of justice charges. Robb maintained his innocence throughout the investigation, even after after three aides implicated him in plea agreements they made to criminal charges. The case centered on the release of an illegally recorded cellular phone call involving Gov. L. Douglas Wilder, D-Va. Robb himself had predicted that he would be indicted after a repeat appearance before the grand jury Dec. 17, 1992. Robb's testimony might have helped convince the grand jurors that he was innocent, but it did not stop them from indicting an associate of his, Virginia Beach businessman Bruce Thompson, on three felony charges, including witness tampering, related to the case. Also issued Jan. 12, 1993, the Thompson indictment included allegations that Robb declined to listen to the tapes, although he knew their contents, in order to maintain \u201cplausible deniability.\u201d Similar allegations were contained in the earlier plea agreements. The case involved an alleged scheme to disclose a taped phone conversation that Robb aides perceived as damaging to Wilder, a longtime rival. In the tape, recorded in October 1988, Wilder speculated that rumors about Robb's attendance at Virginia Beach parties where cocaine was used would ruin his career. The tape was leaked to the media more than two years later, when rumors about Robb's private life were refueled by a beauty queen's claim that she had had an affair with Robb. Robb's aides apparently believed that the rumors would be discounted if they could be traced to a rival, particularly when they seemed so inconsistent with the image of Robb, a square-jawed former Marine. Dixon Not Tied To Keating Affair The Senate Ethics Committee on Feb. 26 announced that it had considered and rejected suggestions that Sen. Alan J. Dixon, D-Ill, might have taken steps to help thrift operator Charles H. Keating Jr. The panel looked at a memo to Keating saying that someone named \u201cDickson\u201d had talked with other senators involved in the Keating Five affair about helping Keating. Dixon said he never had any involvement with Keating, and the committee concluded that the memo was \u201cincorrect and inaccurate.\u201d (1991 Almanac, pp. 26, 38) Inouye Faces Allegations On Dec. 1, the Senate Ethics Committee announced that it had considered opening an investigation into Sen. Daniel K. Inouye's conduct with women, but that it had \u201cnot yet determined that there is adequate evidence to warrant an inquiry\u201d of the Hawaii Democrat. In the fall campaign, Inouye's opponent, Republican state Sen. Rick Reed, raised questions about Inouye's behavior toward women in campaign advertisements. He taped Inouye's hairdresser saying the senator had sexually harassed her 17 years before. After Inouye denied the charges and the woman said she did not realize she was being tape- recorded, Reed removed the ads. Afterwards, Hawaii state Rep. Annelle Amaral, a Democrat, said she had been contacted by nine women with complaints about Inouye, but none were willing to be named. Inouye publicly denied any wrongdoing. Document Citation \"Cloud of Scandal Hovers Over Capitol Hill.\" In Almanac 1992, 48th ed., 51-55. Washington, DC: Congressional Quarterly, 1993. Document ID: cqal92-1106962 Document URL: 2/17/25, 12:45 Almanac Online Edition 5/6 \u00a92025 Press, an Imprint of Publishing Almanac is a registered trademark of CQ-Roll Call, Inc. All copyright rights in the Almanac Online Edition Series are the property of CQ-Roll Call, Inc Press is a registered trademark of Congressional Quarterly Inc. All Rights Reserved. 2455 Teller Road \u2022 Thousand Oaks 91320 \u2022 1-800-818-7243 General Terms of Service | Copyright Notice and Takedown Policy | Privacy Policy 2/17/25, 12:45 Almanac Online Edition 6/6"} |
7,930 | Joseph Schlessinger | Yale University | [
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] | {"7930_101.pdf": "Donate | Read the Print Edition Subscribe | Join the 17, 2025 Univ. faces harassment lawsuit | 4:09 01, 2006 former secretary at the School of Medicine is suing Yale for monetary damages, charging that the head of the department of pharmacology sexually harassed her throughout her three-year employment and the University did nothing to stop him. Mary Beth Garceau filed a complaint last week with the U.S. District Court alleging that her supervisor, chair of pharmacology Joseph Schlessinger, made repeated lewd observations and suggestions to her, from telling jokes about penis size to showing her hard-core pornography. The harassment started on her first day of work in 2001, she said, and continued until her resignation nearly three years later. The complaint further claims that Yale refused to address her concerns when she brought the situation to the attention of University officials, forcing her to resign because of the situation. But Yale spokesperson Tom Conroy said the University did not act illegally. \u201cThe University does not believe there was a violation of law, and it will defend itself in the suit,\u201d Conroy said \uf002 2/17/25, 12:46 Univ. faces harassment lawsuit - Yale Daily News 1/4 Under Title of the Education Amendments of 1972, which applies to any institution that receives federal funding, sex-based discrimination \u2014 including sexual harassment \u2014 is illegal. Yale\u2019s sexual harassment policy defines sexual harassment as unwanted sexual advances, requests for sexual favors, or verbal or physical conduct of a sexual nature on or off campus that interferes with an individual\u2019s employment or academic standing. Sexual harassment also includes situations in which granting or denying sexual favors is tied to an individual\u2019s job or evaluation. Schlessinger, University General Counsel Dorothy Robinson, and School of Medicine Dean Robert Alpern declined to comment. Garceau stated in the complaint that University officials protected Schlessinger when she informed them of the situation and told her that not only would her complaints be ignored, but that she would be the subject of investigations into her own conduct. As a result, the complaint said, Garceau resigned in March 2004. \u201cThe University and said officials gave every indication that the plaintiff\u2019s complaints would not only be ignored but the plaintiff was the subject of unwarranted accusations and investigations into her own conduct and became the focus of the University\u2019s investigative efforts, all in an attempt to descredit her and protect the standing of Dr. Schlessinger,\u201d the complaint said. Under the 2005 U.S. Supreme Court ruling Jackson v. Birmingham Board of Education, retaliation against an individual who has complained about sex discrimination violates Title IX. Garceau alleged that Schlessinger initiated numerous conversations with her about sex, the size of her breasts and the style of her underwear. During her first months at the department of pharmacology, according to the complaint, he told her about his sexual infidelity during his business travels and bragged about the number of women he had slept with. 2/17/25, 12:46 Univ. faces harassment lawsuit - Yale Daily News 2/4 In several incidents over the next year, Schlessinger showed Garceau pictures of naked women and, on one occasion, a hard-core pornography Web site, the complaint alleged. Schlessinger claimed that a photo of a naked woman without a head was his wife, Irit Lax, an assistant professor in the pharmacology department, the complaint stated. While he was showing Garceau the photo, according to the account, Lax walked in and started yelling at her husband. Lax did not respond to requests for comment. Garceau is seeking back pay and benefits, compensatory damages and punitive damages from Yale of an amount to be determined by a jury. Garceau and her attorney could not be reached for comment. Schlessinger has been the chair of Yale\u2019s department of pharmacology since 2001. His research on signal transduction has led to the development of drugs for the treatment of cancer and other diseases caused by enzyme malfunction. 2/17/25, 12:46 Univ. faces harassment lawsuit - Yale Daily News 3/4 CO., INC. 202 York Street, New Haven 06511 | (203) 432-2400 Editorial: (203) 432-2418 | editor@yaledailynews.com Business: (203) 432-2424 | business@yaledailynews.com 2025 2/17/25, 12:46 Univ. faces harassment lawsuit - Yale Daily News 4/4", "7930_102.pdf": "Search The Yale Alumni Magazine is owned and operated by Yale Alumni Publications, Inc., a nonprofit corporation independent of Yale University. The content of the magazine and its website is the responsibility of the editors and does not necessarily reflect the views of Yale or its officers. Comment on this article Yale Buys a Second Campus July/August 2007 by Mark Alden Branch \u201986 The Yale campus is about to get 43 percent bigger. The university announced in June that it will buy a 136-acre research campus in West Haven, Connecticut, that is being vacated by Bayer Healthcare. The purchase will give Yale 550,000 square feet of new laboratory space, allowing for an unexpectedly rapid expansion of Yale\u2019s biomedical research initiatives. The site, alongside Interstate 95 and seven miles from Yale\u2019s central campus, straddles the West Haven-Orange town line. It contains 17 buildings totaling around 1.3 million square feet, including three state-of-the-art laboratory buildings, office space, and a large warehouse/factory space. Yale had not been actively seeking such a large expansion, but when Bayer announced in November that it was leaving\u2014and when efforts by government and business leaders to find another pharmaceutical company to take over the site proved fruitless \u2014administrators decided the chance was too good to pass up. \u201cThis is a once-in-a-century opportunity,\u201d says Yale president Rick Levin. \u201cIt\u2019s just an amazing windfall for us think it\u2019s going to have enormous implications for the university in the long run.\u201d Since the purchase was a target of opportunity, the university has not yet decided just how the property will be used. But Vice President Bruce Alexander '65 says that the programs envisioned for the site\u2014which administrators have begun to call the West Campus\u2014are new ones. \u201cThis will be incremental, additional activity,\u201d he says. \u201cWe won\u2019t be moving anything that\u2019s currently in New Haven, but rather expanding some interdisciplinary science and accelerating some other research efforts.\u201d Although Bayer and the university will not reveal the purchase price until the closing, later in the summer, people familiar with the deal told the Associated Press that the price was about $100 million. Levin says Yale was the highest of 15 bidders for the property, largely because the university was the only bidder interested in using the state-of-the-art research laboratory space. (The others were real estate developers who would have converted the lab space to offices or replaced the buildings with big-box retail.) Building comparable lab space from scratch, Levin says, would cost about $350 million. \u201cThis lab space is fabulous,\u201d says Levin. \u201cWhen we were walking through the chemistry building, [provost and chemistry professor] Andy Hamilton said that it has some amenities that we ruled out for reasons of cost in the chemistry building we just built.\u201d And laboratory space is nearly all that is holding back expansion of Yale\u2019s medical research, says medical school dean Robert Alpern. \u201cThe researchers that would go into a place like this bring in a lot of research grants,\u201d he says, so Yale would not need new money to pay the researchers' salaries. Alpern, who has been involved in medical research for 25 years, says, \u201cThis will be the first time in my career that expansion is not limited by space.\u201d The towns of West Haven and Orange say they support the sale. Although Yale\u2019s purchase takes the land off of the 2/17/25, 12:46 Yale Alumni Magazine: Light & Verity (July/Aug 2007) archives.yalealumnimagazine.com/issues/2007_07/l_v.html 1/6 property tax rolls, the state of Connecticut compensates towns for about 70 percent of their unrealized tax revenue from tax-exempt institutions. Yale has pledged a total of $600,000 a year to the towns to help make up the difference. The university will also contribute $1 million to science programs in local schools over the next four years. Alexander took pains to emphasize that the purchase does not signal any lessening of Yale\u2019s commitment to New Haven, where the university has 13.5 million square feet of building space and is currently planning to build 2 million more. New Haven mayor John DeStefano Jr. told the New Haven Independent that the sale in itself does not worry him, but that some of its implications do: \u201cTo me the real shame of Bayer is not that Yale\u2019s going there, but what\u2019s not going there: for-profit pharmaceutical. It points to a concern the whole region should share about the lack of growth in the private sector.\u201d For the university, the new campus\u2019s obvious drawback is its location\u2014at least ten minutes from Yale (when traffic on I-95 is at its best, which is not often). But Levin explains that the university does not plan to move any programs to the new site that require regular interaction with the central campus, thus ruling out academic departments, faculty offices, undergraduate laboratories, and classrooms. Levin suggests that the site\u2019s warehouse space could fill an urgent need for collection storage space for the Art Gallery, the Center for British Art, and the Peabody Museum. Moving between the campuses could get easier. Last year, the state approved funding for a new commuter rail station at the west end of the parcel, which would make rail shuttle service possible between the site and downtown New Haven. Levin says the 136 acres, which include some unbuilt land and surface parking, were also an appealing part of the deal. \u201cOver the next 20 years, we're not in any jeopardy of running out of room in New Haven,\u201d he says. \u201cBut if you think over 50 years or 100 years, we certainly are.\u201d Says Alpern: \u201cRick Levin told us, \u2018One hundred years from now, if we don\u2019t buy it, people will look back on it as one of the stupidest decisions the Levin administration made think they\u2019ll look at what we\u2019ve done as one of the smartest decisions of Rick Levin\u2019s tenure.\u201d Faith and Fashion Photograph \u00a9Julie Brown Members of the Muslim Students Association show their Yale spirit with a new twist on an old motto: the first line on the back of the T-shirt reads, \u201cFor Allah, for Ummah, and for Yale.\u201d Former president Altaf Saadi '08, who created the shirts when she was a freshman, says that \u201cummah\u201d translates broadly to \u201ccommunity.\u201d Modeling the shirts are, from left, Zahreen Ghaznavi '08 and Usama Qadri '10. Alumni Name the Colleges (Part Three) by Mark Alden Branch \u201986 What does the poet Emily Dickinson have to do with Yale? Well, her father, Edward, was a graduate of the Class of 1823. That\u2019s good enough for reader Lawrence N. DiCostanzo '67, '69MA, who suggests that one of two proposed residential colleges at Yale be named for Miss Dickinson. \u201cShe was not a judge, investor, or doctor,\u201d writes DiCostanzo. \u201cBut poets are much more rare. Besides, her voice is still with us.\u201d 2/17/25, 12:46 Yale Alumni Magazine: Light & Verity (July/Aug 2007) archives.yalealumnimagazine.com/issues/2007_07/l_v.html 2/6 Since Yale announced that it was considering adding two new colleges, we have been collecting ideas for names. This is an entirely unofficial forum; the actual decision belongs to the Yale Corporation, which has not ruled out naming the hypothetical new colleges after donors. Christiana Peppard '05MAR, who is working on her PhD in religious studies at Yale, has a more recent woman in mind: Pauli Murray '65DSL. Murray (1910\u20131985), one of the founders of the National Organization for Women, had a remarkable career as a lawyer, professor, poet, and, late in life, the first African American woman to be ordained as an Episcopal priest. In addition to her earned doctorate from the Law School, Yale awarded her an honorary Doctor of Divinity degree in 1979. Other new ideas: Sharon Noble Eaton of Guilford, Connecticut, nominates Theophilus Eaton (1590\u20131658), the cofounder, with John Davenport, of the New Haven Colony. Eaton, a prosperous businessman, was the colony\u2019s first governor (and, by the way, Elihu Yale\u2019s step-grandfather). Richard Herrmann '65 reminds us of Lafayette Benedict Mendel '91, '93PhD (1872\u20131935), a biochemist who discovered vitamins and during his Yale career Sterling Professor, he was one of the first Jews on the Yale faculty. To see all the names we\u2019ve collected so far, go to yalealumnimagazine.com/extras/ namethosecolleges.html. One Hundred Yalies Encounter China by Melinda Tuhus Elissa Berwick wants to learn Chinese. Stacey Demento might do business in China after graduate school. Alice Ly wants to have a better understanding of her Chinese family\u2019s roots. These three students were among the 62 Yale students and 38 faculty and staff who journeyed to China for a ten-day visit in May, courtesy of the university and the Chinese government. The trip grew out of a visit to Yale by Chinese president Hu Jintao last year; Hu surprised the university with an invitation to send 100 students and faculty to China \u201cto enhance mutual understanding between young people and educators of the two countries.\u201d The university asked the deans of every residential college, the graduate school, and the professional schools to select two students each for the trip, preferably first-time visitors to China who still had substantial time left in their Yale careers. \u201cThe idea was to introduce China in its various aspects, in the hope that some would be inspired to include China in their future study or work plans,\u201d explains Don Filer, director of international affairs in the Office of the Secretary at Yale. The itinerary included visits to Peking University in Beijing and Fudan University in Shanghai, interaction with Chinese students and scholars, meetings with government leaders, and tours of major cultural and historical sites in Beijing, Shanghai, and the ancient city of Xi'an. Although most students on the trip didn\u2019t speak Chinese and were ushered around by government guides, they feel they got a somewhat authentic view of China, especially on their home stays in the industrial western province of Xi'an. They saw homeless people and other signs of poverty along with the better-off, well-educated students and government officials they met. Ly, a third-year grad student in biology, says she'd heard about the work ethic of Chinese students, but she was still shocked by their grueling schedule. \u201cClasses alone take up 50 hours a week,\u201d she says. \u201cThey don\u2019t have free time. When you talk about what you do with your friends after class, they say, \u2018What are you talking about study.\u2019\u201d 2/17/25, 12:46 Yale Alumni Magazine: Light & Verity (July/Aug 2007) archives.yalealumnimagazine.com/issues/2007_07/l_v.html 3/6 Signs of modernization included a remarkable building boom (including projects for next year\u2019s Olympic games in Beijing) and equally remarkable air pollution expected to see hordes of bicyclists, but there are way more cars than bicycles,\u201d Berwick says, adding that the impact of globalization was also apparent: \u201cThere\u2019s a Starbucks on every corner. There\u2019s a Starbucks at the Great Wall.\u201d Green Card Scam Run from Law School Office by Mark Alden Branch \u201986 convicted felon who worked as a volunteer research assistant for a Yale Law School professor allegedly capitalized on his Yale connection to swindle millions of dollars out of undocumented Irish immigrants. Posing as an attorney who worked for the Yale Immigration Law Clinic, investigators say, Ralph Cucciniello promised to fix his victims' immigration problems and get them green cards for a fee of around $5,000. Cucciniello, a 55-year-old resident of Branford, Connecticut, was arrested in May by New York City police on charges that he took money from three undocumented Irish immigrants, promising to secure them permanent resident status but delivering nothing. Those charges may just be the beginning: an investigation is under way in Connecticut, where authorities believe Cucciniello may have collected millions of dollars from more than 200 Irish immigrants over the last two years. Cucciniello, who is not an attorney, was never an employee of the Law School, but the school acknowledged in a statement that he had occasionally volunteered for a Law School professor \u201cin connection with that professor\u2019s non-Law School activities.\u201d Cucciniello had a Yale e-mail account and identification card, and investigators say that he met with his victims in an office at the Law School library. The Yale Immigration Law Clinic does not exist; the school does have a clinic that aids immigrants who are seeking political asylum in the United States, but it does not use that name. \u201cThis never could have been pulled off without the credibility of him being part of the Yale Law School,\u201d Timothy Reardon of the New Haven state's attorney\u2019s office told the Hartford Courant. \u201cPeople literally sat in what they thought was his office in the Law School and handed him cash.\u201d The Law School statement also said that Cucciniello \u201chas not been authorized by the Law School or the clinics to undertake any activities or to represent any clients. Upon learning of his arrest, the Law School suspended his access to all Law School facilities.\u201d The school would not name the professor for whom Cucciniello was volunteering, but sources close to the investigation told the Courant that it was Steven B. Duke, an authority on criminal law who has taught at Yale since 1961. In New Jersey in 1996, Cucciniello was convicted of conning acquaintances out of more than $250,000. He was sentenced to 30 years in prison but instead entered the federal witness program for reasons that have not been disclosed. The Youngest Secret Society by Ron Schachter '77 Yale\u2019s firmament of senior-year societies for undergraduates has been mostly fixed since the 1950s (give or take a few underground groups). But there's one exception. Mace and Chain, the baby of the secret society family, was born in 1956. During the 1960s, when the societies as a whole lost cachet, Mace and Chain disappeared altogether. In the 1990s it came back from the dead, and today is doing well enough to have a \u201ctomb\u201d of its own. 2/17/25, 12:46 Yale Alumni Magazine: Light & Verity (July/Aug 2007) archives.yalealumnimagazine.com/issues/2007_07/l_v.html 4/6 Mace and Chain was created after Thornton Marshall '57 watched his roommate get tapped for Wolf\u2019s Head and turn down Skull and Bones. \u201cNo doors banged after that,\u201d says Marshall, now a financial consultant in Huntington, New York was annoyed, angered, and insulted\u2014twice wanted to have my day in the sun.\u201d So he dressed himself up, stood in front of a mirror, and declared, \u201cYou are hereby tapped.\u201d That same night, he recruited half a dozen friends to launch the new society. The Mace and Chain emblem emerged from their conversations about chivalric conduct, but the charter that Marshall and his mates crafted was considerably more modern. According to society lore, English professor Robert Penn Warren had exhorted Marshall \u201cto start something which is a little closer to reality and that can exist in the sunlight.\u201d The society obliged by forging ties with interested professors, adding the democratic rule of rotating its student leadership weekly, and leaving future delegations free to reinvent themselves. Headquartered in an apartment on Wall Street (above George and Harry's restaurant), Mace and Chain survived until the late 1960s, when it lost its lease. But after a nostalgic conversation with Marshall in 1993, Mace and Chain alumni William \u201cBiff\u201d Folberth '66 and Tom Haines '59 set out to bring the society back to life. Folberth and Haines rounded up a new delegation of five senior men and five senior women and began the work of making Mace and Chain a permanent fixture on campus. Several graduates financed a succession of condominiums and finally in 2001 presented the society with a 180-year-old house on Trumbull Street, near campus\u2014making Mace and Chain the first senior society to acquire its own real estate since Manuscript, in 1956. Mace and Chain now has more than 300 alumni, and recent graduates say the elders stay involved without being pushy, and current members are free to shape their rules and activities as they please. For members today, says Erin Tush '05\u2014as for Thornton Marshall 51 years ago\u2014\u201cit\u2019s good to know you\u2019re not bound by what others have done.\u201d Campus Clips Yale student who was sexually assaulted by another student is suing her assailant and the university. The Hartford Courant reported in May that the assault victim had filed a $20 million lawsuit claiming that Yale failed to enforce underage drinking laws and to educate students about sexual assault. The student\u2019s ex-boyfriend, Gregory Korb '08, pleaded no contest last year to charges of misdemeanor assault and was sentenced to probation. Another lawsuit against the university was settled out of court in June. Former medical school administrative associate Mary Beth Garceau had sued the university for failing to act on complaints that she was being sexually harassed by her supervisor, pharmacology chair Joseph Schlessinger. The terms of the settlement were not disclosed. The Yale child study center has been designated one of eight Autism Centers of Excellence by the National Institutes of Health in recognition of the research being conducted there into the disorder\u2019s cause and treatment. The designation comes with a five-year, $7.5 million grant. Indiana Jones was due on campus in June and July. Scenes for the latest feature in the action-movie series starring Harrison Ford were to be shot on Chapel Street, the Old Campus, and Commons. The filmmakers took advantage of a new Connecticut business tax credit for films made in the state. 2/17/25, 12:46 Yale Alumni Magazine: Light & Verity (July/Aug 2007) archives.yalealumnimagazine.com/issues/2007_07/l_v.html 5/6 libel suit filed in California in April by KinderUSA, a Muslim charity in Los Angeles, charges that Yale University Press and author Matthew Levitt defamed the organization in Levitt\u2019s book Hamas: Politics, Charity, and Terrorism in the Service of Jihad. The book suggests that KinderUSA helps to fund the Hamas terrorist group. The charity denies the accusation and is seeking $500,000 in compensatory damages and unspecified punitive damages. \u00a91992\u20132012, Yale Alumni Publications, Inc. All rights reserved. Yale Alumni Magazine, P.O. Box 1905, New Haven 06509-1905, USA. yam@yale.edu 2/17/25, 12:46 Yale Alumni Magazine: Light & Verity (July/Aug 2007) archives.yalealumnimagazine.com/issues/2007_07/l_v.html 6/6", "7930_103.pdf": "Valerie Pavilonis Doctors sue anesthesiology professor for alleged sexual misconduct yaledailynews.com/blog/2020/03/21/doctors-sue-anesthesiology-professor-for-alleged-sexual-misconduct Six doctors working in the Yale Department of Anesthesiology sued professor Manuel Fontes \u2014 who was promoted to lead inclusion and diversity efforts within the department \u2014 for multiple counts of alleged sexual harassment. The suit, filed on March 12, names six Yale New Haven Hospital doctors as plaintiffs: Mia Castro, Heidi Boules, Ashley Eltorai, Jodi-Ann Oliver, Lori-Ann Oliver and Elizabeth Reinhart. All six women filed multiple complaints against Fontes for alleged misconduct \u2014 ranging from verbal comments to sexual assault \u2014 that began at Yale in 2015. The suit also accuses multiple Yale administrators and the University of failing to take appropriate action when the doctors attempted to report Fontes\u2019 misconduct internally. \u201cDespite receiving multiple complaints about Dr. Fontes\u2019s unlawful harassing behavior since the start of his Yale tenure (including an incident in which he sexually assaulted a female anesthesiology resident following a residency graduation ceremony),\u201d the complaint reads, \u201cYale has taken no meaningful action against Dr. Fontes, choosing instead to champion a man in a powerful position no matter the heinous conduct he has perpetrated against his female subordinates.\u201d According to the suit, the plaintiffs took their complaints to multiple administrators, including Anesthesiology Chair Roberta Hines. In July 2019, Reinhart complained to Hines of Fontes allegedly touching her and massaging her without consent. Hines allegedly excused Fontes\u2019 behavior by saying, \u201cboys will be boys.\u201d On another occasion in 2018, Eltorai \u2014 who was pregnant at the time \u2014 complained to Hines that Fontes would not work with her to organize a research project because of her pregnancy. According to the suit, Hines responded that Fontes was, \u201cjust being a boy.\u201d Hines did not respond to a request for comment. University spokesperson Karen Peart said that the University behaved in accordance with existing protocols. \u201cIn the summer of 2019, the University was approached by three of the six plaintiffs and took appropriate action, offering them Yale\u2019s Title resources of support, inclusive of guidance on filing a complaint with the University,\u201d Peart wrote in an email to the News. \u201cNone of the plaintiffs chose to file a formal complaint; Yale has nonetheless been working to resolve the issues raised. As in all such cases, Yale is working to ensure that the processes we use to find and act on facts are fair to all involved parties.\u201d 1/3 According to the lawsuit, the University\u2019s alleged failure to respond to reports about Fontes\u2019 misconduct \u201ceffectively discouraged the reporting of such behavior.\u201d The lawsuit also lists instances of alleged sexual misconduct by other Yale School of Medicine professors, including cardiology professor Michael Simons \u201984 and Chair of Pharmacology Joseph Schlessinger. It also mentions retired Yale School of Medicine professor Eugene Redmond, who was found by a University-commissioned independent investigator to have sexually assaulted five students and engaged in sexual misconduct with at least eight other undergraduates, recent college graduates and one high school student over 25 years. None of the six plaintiffs responded to requests for comment and spoke instead through their lawyers. According to Tanvir Rahman \u2014 one of women\u2019s attorneys from Wigdor LLP, a New York\u2013based employment law firm \u2014 Yale should implement procedures and policies to create an atmosphere where people can not only complain without fear of retaliation, but monitor situations that allow those in power to take advantage of their subordinates. \u201cWe have clients of all different levels, we have a resident, we have a fellow, we have attending physicians,\u201d Rahman told the News. \u201cAnd so think there weren\u2019t systems in place to prevent people taking advantage of those dynamics.\u201d In one instance, Fontes kissed Boules on the lips without consent at the Union League Cafe in New Haven, which was allegedly followed by several more instances where Fontes touched and kissed Boules without permission. In Sept. 2018, Fontes also allegedly commented on Eltorai\u2019s body once she told him about her pregnancy, saying wonder when you\u2019ll start to show \u2013 probably very soon, since you have such a flat stomach,\u201d according to the lawsuit. Both Jodi-Ann Oliver and Lori-Ann Oliver \u2014 who are sisters \u2014 also experienced unwanted sexual touching, with Fontes allegedly touching Jodi-Ann Oliver\u2019s lower back and backside at annual anesthesiology research retreat in or around 2016. According to both Rahman and the suit, several of the alleged instances of misconduct occurred at parties or crowded bars with other people present, casting into question the responsibility not only on Fontes, but of others who stood by. \u201cYou see in the allegations, it wasn\u2019t that the incidents all happened in isolation, some of them happened in front of other people, other attendings,\u201d Rahman said. \u201cWhen there\u2019s a pattern of behavior by certain individuals and nothing is done for a number of years, you\u2019ve got to reflect on what happened here, why didn\u2019t we do something, why did we turn a blind eye? That sort of conduct, the indifference, doesn\u2019t jibe with the way society has evolved. While the majority of complaints listed in the lawsuit concern sexual misconduct, Fontes also allegedly mistreated some of the plaintiffs for rejecting his approaches. On one occasion, when Castro resisted Fontes\u2019 attempts to touch her, Fontes \u201cbecame angry and 2/3 agitated, and retaliated against Dr. Castro for resisting his advances by demeaning and berating Dr. Castro,\u201d according to the lawsuit. Fontes did not respond to a request for comment and spoke instead through his lawyer, Robert Mitchell. According to Mitchell, Fontes denies \u201ceach and every accusation.\u201d \u201cDr. Fontes has been vilified without a fair opportunity to defend himself against what has been a vindictive backroom campaign of scandalous and vicious falsehood, rumor, and innuendo,\u201d Mitchell wrote in an email to the News. \u201cThis will be remedied now that his accusers have decided to come out into the open. Dr. Fontes will respond and the truth will shame them as well as those who have prejudged him without affording him even a hint of due process.\u201d According to the lawsuit, Fontes also faced allegations of sexual misconduct at two of his past appointments at Cornell University and Duke University. The lawsuit also states that despite Yale administrators allegedly knowing about these past accusations, \u201cFontes\u2019s well- known penchant for sexually harassing and behaving inappropriately towards female subordinates continued unabated at Yale.\u201d Though Fontes arrived at Yale as the Division Chief for Cardiac Anesthesiology and Director of Clinical Research for the anesthesiology department in 2015, his online profile now only names him as a professor of anesthesiology. According to a 2019 survey by the American Association of Universities, 11.7 percent of women in graduate or professional programs at Yale experienced unwanted sexual touching while 6.1 experienced unwanted penetration. 3/3", "7930_104.pdf": "Joseph Schlessinger Joseph Schlessinger, Ph.D. is Chair of the Pharmacology Department at Yale University School of Medicine in New Haven, Connecticut. His area of research is signaling through tyrosine phosphorylation which is important in many areas of cellular regulation, especially growth control and cancer. Schlessinger is best known for his pioneering studies that have led to an understanding of the mechanism of transmembrane signaling by receptor tyrosine kinases and how the resulting signals are transmitted within the cell. Additional recommended knowledge What is the Correct Way to Check Repeatability in Balances? Weighing the right way Daily Visual Balance Check Encyclopedia 2/17/25, 12:46 Joseph_Schlessinger 1/4 Contents 1 Education and Training 2 Academic Positions 3 Publications and Research 4 Personal life 5 Sugen 6 Plexxikon 7 Yeda/Aventis/Imclone 8 References Education and Training Schlessinger received his B.Sc. degree in Chemistry and Physics in 1968 (magna cum laude), plus an M.Sc. degree in chemistry (also magna cum laude) in 1970 from the Hebrew University in Jerusalem. [1] He obtained his Ph.D. degree in biophysics from the Weizmann Institute of Science in 1974. From 1974\u20131976, he was a postdoctoral fellow in the Departments of Chemistry and Applied Physics at Cornell University, in Ithaca, New York (working with Elliot Elson and Watt W. Webb). From 1977\u20131978, he was a visiting fellow in the immunology branch of the National Cancer Institute. [2] Academic Positions Joseph Schlessinger has been the William H. Prusoff Professor and Chairman of the Department of Pharmacology at Yale University School of Medicine since 2001. He was elected to the National Academy of Sciences in 2000, and to the American Academy of Arts and Sciences in 2001, and was elected as a Member of the Institute of Medicine in 2005[3]. He is a member of the editorial boards of numerous prestigious journals, including Cell (journal)[4], Molecular Cell.[5], the Journal of Cell Biology[6], and the Science (journal) magazine Signal Transduction Knowledge Environment (STKE)[7]. He has also been the recipient of numerous prizes, including the Michael Landau Prize (1973),[8] the Sara Leady Prize (1980),[9][10] the Hestrin Prize (1983)[11][12][13] the Levinson Prize (1984)[14], a Ciba-Drew Award (1995)[15], the Antoine Lacassagne Prize (1995)[16], the Taylor Prize (2000)[17][18], and the Dan David Prize (2006).[19][20] In 2002, he was granted an honorary Doctorate of Philosophy from the University of Haifa,[21] and has given a long list of named lectures at many institutions[22], including the Harvey Society (in the 1993-1994 Harvey Lectures series)[23], and the 2006 Keith R. Porter Lecture of the American Society for Cell Biology[24]. Before joining Yale, Schlessinger was the Director of the Skirball Institute for Biomolecular Medicine at Medical Center from 1998\u20132001 and the Milton and Helen Kimmelman Professor and Chairman of the Department of Pharmacology at Medical School from 1990\u20132001. He was a member of the faculty of the Weizmann Institute from 1978\u20131991, and was the Ruth and Leonard Simon Professor of Cancer Research in the Department of Immunology at the Weizmann Institute from 1985\u20131991.[25] Publications and Research According to PubMed, Joseph Schlessinger has authored over 400 scientific original and review articles in the area of pharmacology, molecular biology, biochemistry, and structural biology. Joseph Schlessinger is an expert in the area of tyrosine kinase signaling. Tyrosine kinase signaling plays a critical role in the control of many cellular processes including cell proliferation, differentiation, metabolism, as well as cell survival and migration.[26] Tyrosine kinases play a particularly important role in cancer, and several agents that block their activity are now used as anti-cancer drugs, such as Imatinib. In 2001, Schlessinger was ranked by the as one of the world's top 30 most cited scientists (across all fields) in the 1990s. [27]. His papers have been cited a total of 72,216 times.[28 September 2003 article in the newspaper 'The Guardian' listed Schlessinger as number 14 in the \"Giants of Science.\"[29] Personal life Joseph Schlessinger was born March 26, 1945, in the village of Topusko in [Yugoslavia]].[30] Schlessinger is married to Irit Lax, now Associate Research Scientist in the Pharmacology Department at Yale. She was previously an Assistant Professor in the Pharmacology Department at Medical Center. The focus of her research is on the fibroblast growth factor (FGF) receptor, an area in which Pubmed searches show that she has authored approximately 130 publications, many of them in collaboration with Joseph Schlessinger. Lax has been working for Joseph Schlessinger since she was a graduate student in Israel in the early 1980s. They are married and each has two children from a previous marriage.[31 sexual harassment lawsuit was initiated by Joseph Schlessinger's former secretary, (Mary Beth Garceau v. Yale University). Mary Beth Garceau alleged numerous episodes of sexual harassment by Joseph Schlessinger during her employment at Yale. [32],[33],[34],[35]. Mary Beth Garceau claimed that Yale University did nothing to stop Schlessinger's sexual harassment despite her frequent complaints, forcing her to resign. The case was settled out of court in mid-2007, and the terms of the settlement were not disclosed.[36] 2/17/25, 12:46 Joseph_Schlessinger 2/4 Sugen Joseph Schlessinger co-founded (with Axel Ullrich and Steven Evans-Freke) the biotechnology company Sugen in 1991, with the idea of developing anti-cancer therapeutics. In particular, the focus was on ATP-like molecules that would compete with for binding to the catalytic site of receptor tyrosine kinases. This concept has led to the development of an important small-molecule tyrosine kinase inhibitor called Sunitinib. This drug is marketed by Pfizer as Sutent. [37] After a priority review, Sutent was approved in 2006 (in less than 6 months) for use in treating renal cell carcinoma (RCC) and imatinib-resistant gastrointestinal stromal tumor (GIST). The approval of Sutent marked the first time that the agency had ever approved a new oncology product for two indications simultaneously. [38] Sugen was acquired by Pharmacia in 1999, which merged with a part of Monsanto in 2000, and was finally acquired by Pfizer in 2003. Sutent/Sunitinib (formerly SU11248) is a small-molecule tyrosine kinase inhibitor that inhibits several receptor tyrosine kinases including the platelet derived growth factor receptor (PDGFR), vascular endothelial growth factor receptors (VEGF-R), c-Kit (the receptor for stem cell factor), and others. Its mechanism of action in cancer treatment involves simultaneous inhibition of angiogenesis and tumor cell proliferation, reducing tumor vascularization and promoting cell death. Plexxikon Following his involvement in Sugen, Schlessinger co-founded Plexxikon with Professor Sung-Hou Kim of the University of California, Berkeley. Plexxikon, founded in 2001, uses a pioneering structural biology-based platform to drive the rapid discovery of novel drugs for several different targets [39]. One of the most advanced drugs under development at Plexxikon is an inhibitor of an activated form of the B-Raf kinase V600E mutant of the B-Raf kinase is found in approximately 70% of malignant melanomas, a large percentage of colorectal and thyroid cancers and many other tumor types. PLX4032 selectively inhibits this form of the kinase, and is currently in clinical trials. Plexxikon has entered into a partnership withRoche Pharmaceuticals to develop PLX4032 as a targeted anti-cancer therapeutic [40]. Plexxikon is also collaborating with Wyeth Pharmaceuticals on several products (centered on inhibitors) for use in type diabetes and other metabolic disorders [41]. The most advanced of these agents is PLX204, which is currently in Phase 2 clinical trials for type diabetes [42]. Yeda/Aventis/Imclone Yeda Research and Development Co, Ltd a company set up to commercialize and market the products of research at the Weizmann Institute of Science in Israel[43], have recently challenged the Aventis-owned patent, licensed by Imclone, for the use of anti-Epidermal growth factor receptor antibodies in combination with chemotherapy, to slow the growth of certain tumors. This is the so-called '866' patent[44] which was filed in 1989 by Rhone-Poulenc-Rorer, on which Joseph Schlessinger is listed as first-named inventor, although he receives no royalties. [45]. Joseph Schlessinger's former colleagues at the Weizmann Institute, in particular Michael Sela, claimed to have come up with this concept alongside Schlessinger when they worked together there there years earlier, and challenged the Aventis patent in the United States. Schlessinger gave court testimony that the idea of combining the anti antibody that his lab had developed with chemotherapy was his own idea. However, scientists at the Weizmann Institute provided extensive documentation that they had also been developing this idea with the antibody that Schlessinger had given them[46][47]. Schlessinger claims to have initiated the idea but had not documented his research and ideas as thoroughly, leaving him forced to rely on his recollections of the patent filing some 17 years before Yeda mounted their challenge.[48]. According to a Money Magazine article, Judge Naomi Reice Buchwald, the presiding federal judge in this case[49] dismissed Joseph Schlessinger's testimony. Judge Buchwald was quoted as saying that \"The Weizmann scientists have presented documentary evidence substantiating each step of the inventive process, in stark contrast to the dearth of evidence supporting the named inventors' version of events.\" She went on to describe the Weizmann Institute's corroborating evidence for patent rights as \"overwhelming,\" and of \"extraordinary breadth.\" Judge Buchwald also stated that \"...Schlessinger's explanation... (for patent rights) can most generously be described as strained.\"[50]. Imclone Systems filed a countersuit in 2006[51], claiming that the '866' patent is invalid due to the removal by Yeda of the originally named inventors. Imclone is vigorously pursuing this appeal. References 1. ^ Schlessinger Lab: Biography 2. ^ Schlessinger Lab: Biography 3. ^ News release from Institute of Medicine 4. ^ Cell masthead link 5. ^ Molecular Cell masthead link 6. ^ J. Cell. Biol. Masthead site 7. ^ AAAS/Science Editorial Board page 8. ^ Schlessinger Lab: Biography 9 on Website 10. ^ Schlessinger Lab: Biography 11. ^ List of Hestrin Prize recipients 12 on Website 13. ^ Schlessinger Lab: Biography 2/17/25, 12:46 Joseph_Schlessinger 3/4 14 on Website 15 on Website 16 on Website 17. ^ Taylor Prize announcement 18 on Website 19. ^ Dan David Prize Laureate listing 20. ^ Dan David announcement 21. ^ University of Haifa 22. ^ Schlessinger Lab: Biography 23 Pubmed Citation of Harvey Lecture by J. Schlessinger 24. ^ Porter lecture laureates 25. ^ Schlessinger's Departmental website at Yale University 26. ^ Schlessinger Lab: Biography 27 InCites Interview 28 Highly Cited Scientists Database 29. ^ Guardian article, The Giants of Science 30. ^ The long war 31. ^ The long war 32. ^ Yale Professor Faces Sexual Harassment Suit 880 New York 33. ^ University of Hartford Media Watch Nov.27-Dec.4, 2006 34. ^ Yale ex-secretary sues for sex harassment From publication: \"Women in Higher Education\" Jan.1, 2007 35. ^ Harassment by Renowned Researcher Prompts Suit Against Yale, Chronicle of Higher Education Dec.2, 2006 36. ^ Another Lawsuit Against the University... Yale Alumni Magazine, July 2007. 37. ^ Sutent website 38 news announcement on Sutent 39. ^ Plexxikon web site 40. ^ Roche news 41. ^ News on Wyeth collaboration 42. ^ PLX204 trial 43. ^ Yeda Web site 44. ^ Patentstorm reference 45 Today article 46. ^ Court ruling on Yeda vs Aventis/Imclone case 47 Today report on Yeda case 48 Today Article 49. ^ Bruised ImClone takes another hit 50. ^ Bruised ImClone takes another hit 51. ^ Imclone report Yale School of Medicine appoints Joseph Schlessinger, formerly of NYU, Pharmacology Chair., M2 Presswire, 05- JUN-01. Yale Researcher Shares $1 Million Prize { Category: American biochemists This article is licensed under the Free Documentation License. It uses material from the Wikipedia article \"Joseph_Schlessinger list of authors is available in Wikipedia. \u00a9 1997-2025 2/17/25, 12:46 Joseph_Schlessinger 4/4", "7930_105.pdf": "Joseph Schlessinger Born Josip Schlessinger 26 March 1945 Topusko, (present-day Republic of Croatia) Nationality Israel United States Awards Ciba-Drew Award (1995)Dan David Prize (2006) Scientific career Fields Pharmacology Joseph Schlessinger Joseph Schlessinger (born Josip Schlessinger; 26 March 1945) is a Yugoslav-born Israeli-American biochemist and biophysician. He is chair of the Pharmacology Department at Yale University School of Medicine in New Haven, Connecticut, as well as the founding director of the school's new Cancer Biology Institute.[1] His area of research is signaling through tyrosine phosphorylation, which is important in many areas of cellular regulation, especially growth control and cancer. Schlessinger's work has led to an understanding of the mechanism of transmembrane signaling by receptor tyrosine kinases[2] and how the resulting signals control cell growth and differentiation. Josip Schlessinger was born in Topusko to Jewish parents. His father Imre came from Szalatnok, Kingdom of Hungary, Kingdom of Hungary, since 1920 Slatina; Imre's first wife and child had been deported to Auschwitz. Schlessinger's mother Rivka was from Bugojno; her first husband had been murdered by the Usta\u0161e. Imre and Rivka met in a labor camp on the Adriatic island of Rab in 1943 and joined a group of Jewish Partisans. When Schlessinger was born on 26 March 1945 he was wrapped in a British military parachute. He was named for his grandfather. After World War the family moved to Osijek, where another son, Darko David, was born. Imre Schlessinger once made a joke at the expense of Tito and was sentenced to several months in jail.[3][4] The family moved to Israel in 1948.[5] Schlessinger served his compulsory military service with the Golani Brigade and was commissioned an officer. As part of his reserve duty he participated in the Six-Day War and the Yom Kippur War. Schlessinger received his BSc degree in Chemistry and Physics in 1968 (magna cum laude), and an MSc degree in chemistry (also magna cum laude) in 1970 from the Hebrew University of Jerusalem.[6] He obtained his PhD degree in biophysics from the Weizmann Institute of Science in 1974. From 1974 to 1976, he was a postdoctoral fellow in the Departments of Chemistry and Applied Physics at Cornell University in Ithaca, New York, working with Watt W. Webb, among others. From 1977 to 1978, he was a visiting fellow in the immunology branch of the National Cancer Institute.[6] Biography 2/17/25, 12:46 Joseph Schlessinger - Wikipedia Q24597152.-,Controversy,complaints%2C causing her to resign. 1/7 He is married to Irit Lax, also a professor in the pharmacology department at Yale. They each have two children by previous marriages.[5] In a 2009 interview with a Croatian daily newspaper Jutarnji list, he said, \"Basically am atheist grew up Jewish and truly belong to the Jewish culture, but I'm not a follower of any world religion. Religion does not interest me at all.\"[3] Schlessinger was a member of the faculty of the Weizmann Institute from 1978 to 1991 and was the Ruth and Leonard Simon Professor of Cancer Research in the department of immunology from 1985 to 1991. In addition, he was a research director for Rorer Biotechnology in King of Prussia, Pennsylvania, from 1985 to 1990. In 1990, he was appointed as the Milton and Helen Kimmelman Professor and chairman of the department of pharmacology at the New York University School of Medicine. He served as director of Medical Center's Skirball Institute for Biomolecular Medicine, from 1998 to 2001.[7] He has been the William H. Prusoff Professor and chairman of the department of pharmacology at Yale School of Medicine since 2001. He was elected to the United States National Academy of Sciences in 2000, to the American Academy of Arts and Sciences in 2001, and to the Institute of Medicine in 2005.[8] He is a member of the editorial boards of several journals, including Cell,[9] Molecular Cell,[10] the Journal of Cell Biology,[11] and the Science magazine Science Signaling.[12] Schlessinger is the recipient of numerous prizes, including the Michael Landau Prize (1973),[6] the Sara Leady Prize (1980),[6][13] the Hestrin Prize (1983),[6][13] the Levinson Prize (1984),[13] a Ciba- Drew Award (1995),[13] the Antoine Lacassagne Prize (1995),[13] the Taylor Prize (2000),[13][14] and the Dan David Prize (2006).[15][16] In 2002, he was granted an honorary doctorate from the University of Haifa.[17] He has lectured at many institutions,[6] including the Harvey Society (in the 1993\u20131994 Harvey Lectures series)[18] and the 2006 Keith R. Porter Lecture of the American Society for Cell Biology.[19] In 2009, he was elected as a Member of the Croatian Academy of Sciences and Arts.[20][21] In 2012, the Hope Funds for Cancer Research selected Schlessinger to receive its Award of Excellence for Clinical Development. In 2009, Schlessinger was given an award by then-President of Croatia Stjepan Mesi\u0107 for outstanding service in promoting Croatia in the international scientific community and for the contribution within Croatian biomedical sciences.[4] Personal life Academic career Awards and recognition 2/17/25, 12:46 Joseph Schlessinger - Wikipedia Q24597152.-,Controversy,complaints%2C causing her to resign. 2/7 In September 2003, The Guardian listed him as number 14 in the \"Giants of Science\".[22] He received, along with Charles Sawyers and Tony Hunter, the 2014 Foundation Frontiers of Knowledge Award in the Biomedicine category for \"carving out the path that led to the development of a new class of successful cancer drugs.\" According to PubMed, Schlessinger has authored over 450 scientific original and review articles in the areas of pharmacology, molecular biology, biochemistry, and structural biology, mostly on tyrosine kinase signaling. Tyrosine kinase signaling plays a critical role in the control of many cellular processes including cell proliferation, differentiation, metabolism, as well as cell survival and migration.[6] Tyrosine kinases play a particularly important role in cancer, and several agents that block their activity are now used as anti-cancer drugs, such as Imatinib or Gleevec. Among his contributions are the findings that cell surface receptors with tyrosine kinase activity signal across membrane by forming dimers when they bind to their growth factor activators. He discovered this in studies of the epidermal growth factor receptor (EGFR). He was also instrumental in understanding how the SH2 domain controls tyrosine kinase signaling by binding to phosphorylated tyrosines in activated receptors. One of the seminal findings in this work was his laboratory's cloning of Grb2 and other Adaptor proteins. Another is the lab's cloning of FRS2, which is critical for signaling by the Fibroblast growth factor receptor. In 2001, he was ranked by the Highly Cited as one of the world's top 30 most cited scientists (across all fields) in the 1990s.[23] According to ISI, his papers have been cited a total of 76,699 times.[24 Ullrich Schlessinger (20 April 1990). \"Signal transduction by receptors with tyrosine kinase activity\". Cell. 61 (2): 203\u201312. doi:10.1016/0092-8674(90)90801 ( 2-8674%2890%2990801 0092-8674 ( 2158859 ( Wikidata Q27860624. Mark Lemmon; Joseph Schlessinger (25 June 2010). \"Cell signaling by receptor tyrosine kinases\" ( Cell. 141 (7): 1117\u201334. doi:10.1016/J.CELL.2010.06.011 ( 0092- 8674 ( 2914105 ( mc/articles/PMC2914105 20602996 ( Wikidata Q24598357. Gideon Bollag; Peter Hirth; James Tsai; et al. (30 September 2010). \"Clinical efficacy of a inhibitor needs broad target blockade in BRAF-mutant melanoma\" ( mc/articles/PMC2948082). Nature. 467 (7315): 596\u20139. doi:10.1038/NATURE09454 ( g/10.1038%2FNATURE09454 1476-4687 ( 2948082 ( 20823850 (https:// pubmed.ncbi.nlm.nih.gov/20823850). Wikidata Q24597152. Publications and research Select publications 2/17/25, 12:46 Joseph Schlessinger - Wikipedia Q24597152.-,Controversy,complaints%2C causing her to resign. 3/7 In 2006, a sexual harassment lawsuit was initiated against Yale University by Schlessinger's former secretary, Mary Beth Garceau, who alleged numerous episodes of harassment during her employment at Yale[25][26][27][28] and claimed Yale University failed to act upon her frequent complaints, causing her to resign. The case was settled out of court in mid-2007 and the terms of the settlement were not publicly disclosed.[29] In 1991, Schlessinger co-founded (with Axel Ullrich and Steven Evans-Freke) the biotechnology company to develop ATP-like molecules that would compete with for binding to the catalytic site of receptor tyrosine kinases in cancer treatment. In 1999, Sugen was acquired by Pharmacia & Upjohn for $650 million[30] and in 2003, Pharmacia was acquired by Pfizer.[31] One of the pipeline products (SU11248) was ultimately developed by Pfizer as Sutent (Sunitinib),[32] approved by the for treating gastrointestinal stromal tumors and renal cell carcinoma.[33] In 2001, Schlessinger co-founded Plexxikon with Sung-Hou Kim (University of California, Berkeley). Plexxikon, uses a pioneering structural biology-based platform for drug discovery.[34] In April 2011, Plexxikon was acquired by the Japanese pharmaceutical company Daiichi Sankyo for $805 million and an additional $130 m in potential milestone payments.[35] In 2007, Schlessinger co-founded Kolltan Pharmaceuticals with Arthur Altschul Jr. Kolltan Pharmaceuticals is an early-stage biotech that develops antibodies to treat solid tumors.[36][37][38][39] In April 2014, Kolltan received $60 million in equity financing.[40] In September 2014, Kolltan filed for an and in January 2015, they withdrew the IPO.[41] In November 2016, Celldex Therapeutics acquired Kolltan for $235 million.[42] 1. \"Schlessinger Appointed Director of New Cancer Biology Institute at Yale \u2013 Yale Office of Public Affairs & Communication\" ( s/article.aspx?id=8095). Opac.yale.edu. 13 December 2010. Archived from the original ( c.yale.edu/news/article.aspx?id=8095) on 24 July 2011. Retrieved 16 January 2012. Controversy Plexxikon Kolltan Pharmaceuticals References 2/17/25, 12:46 Joseph Schlessinger - Wikipedia Q24597152.-,Controversy,complaints%2C causing her to resign. 4/7 2. Lemmon, Mark Andrew; Schlessinger, Joseph (2010). \"Cell Signaling by Receptor Tyrosine Kinases\" ( Cell. 141 (7): 1117\u20131134. doi:10.1016/j.cell.2010.06.011 ( 2914105 (http s:// 20602996 ( h.gov/20602996). 3. \"Joseph Schlessinger: Borio sam se za Izrael, izumio Sutent. Sad mogu natrag u svoju Hrvatsku\" ( m-se-za-izrael--izumio-sutent--sad-mogu-natrag-u-svoju-hrvatsku/309456/). jutarnji.hr (in Croatian). Jutarnji list. Archived from the original ( sam-se-za-izrael--izumio-sutent--sad-mogu-natrag-u-svoju-hrvatsku/309456) on 16 October 2012. 4. Ha-Kol (Glasilo \u017didovske zajednice u Hrvatskoj); Joseph Schlessinger odlikovan visokim Hrvatskim odli\u010djem; stranica 54; broj 111, listopad/rujan 2009.(in Croatian) 5. \"The long war\" ( Info.med.yale.edu. 28 September 2010. Retrieved 16 January 2012. 6. \"Schlessinger Lab: Biography\" ( Med.yale.edu. Retrieved 16 January 2012. 7. \"Schlessinger's Departmental website at Yale University\" ( dex.php?bioID=1). Info.med.yale.edu. 28 September 2010. Retrieved 16 January 2012. 8. \"News release from Institute of Medicine\" ( m.aspx?RecordID=10242005). .nationalacademies.org. 24 October 2005. Retrieved 16 January 2012. 9. \"Cell masthead link\" ( Cell.com. Retrieved 16 January 2012. 10. \"Molecular Cell masthead link\" ( e.org/misc/page?page=contact). Molecule.org. Archived from the original ( g/misc/page?page=contact) on 16 April 2008. Retrieved 16 January 2012. 11. J. Cell Biol. Masthead site ( 12. \"AAAS/Science Editorial Board page\" ( Stke.sciencemag.org. Retrieved 16 January 2012. 13 on Website\" ( Hcr3.isiknowledge.com. 31 December 2011. Retrieved 16 January 2012. 14. Taylor Prize announcement ( 15. \"Joseph Schlessinger profile\" ( prize.org/index.php/laureates/laureates-2006/61-future-2006-cancer-therapy/87-future-2006-canc er-therapy.html). Dan David Prize. Archived from the original ( php/laureates/laureates-2006/61-future-2006-cancer-therapy/87-future-2006-cancer-therapy.html) on 29 January 2012. Retrieved 16 January 2012. 16. \"Dan David announcement\" ( Eurekalert.org. 24 May 2006. Retrieved 16 January 2012. 17. \"University of Haifa\" ( Research.haifa.ac.il. Retrieved 16 January 2012. 18 Pubmed Citation of Harvey Lecture by J. Schlessinger\" ( entrez?Db=pubmed&Cmd=ShowDetailView&TermToSearch=7622357&ordinalpos=23&itool=Entre zSystem2.PEntrez.Pubmed.Pubmed_ResultsPanel.Pubmed_RVDocSum). Ncbi.nlm.nih.gov. 3 October 2011. Retrieved 16 January 2012. 19. \"Porter lecture laureates\" ( ex.cfm?navid=4&id=1726&tcode=nws3). Ascb.org. Archived from the original ( g/index.cfm?navid=4&id=1726&tcode=nws3) on 15 July 2007. Retrieved 16 January 2012. 2/17/25, 12:46 Joseph Schlessinger - Wikipedia Q24597152.-,Controversy,complaints%2C causing her to resign. 5/7 20. \"List of Corresponding Members of Croatian Academy or Science and Arts\" ( g/web/20100225034825/ Info.hazu.hr. Archived from the original ( on 25 February 2010. Retrieved 16 January 2012. 21. \"Personal Page for Schlessinger at Croatian Academy of Science and Arts\" ( hlessinger_biography_en). Info.hazu.hr. Retrieved 16 January 2012. 22. Ian Sample (25 September 2003). \"Guardian article, The Giants of Science\" ( dian.co.uk/higher/sciences/story/0,,1048716,00.html). London, UK: Education.guardian.co.uk. Retrieved 16 January 2012. 23. Nancy Imelda Schafer (18 October 2004 InCites Interview\" ( 20090213043548/ In-cites.com. Archived from the original ( on 13 February 2009. Retrieved 16 January 2012. 24 Highly Cited Scientists Database\" ( Isihighlycited.com. 31 December 2011. Retrieved 16 January 2012. 25. University of Hartford Media Watch (27 November - 4 December 2006) ( aily/media.asp?id=2267), hartford.edu; accessed 28 February 2016. 26. Yale ex-secretary sues for sex harassment From publication: \"Women in Higher Education\" (http:// accessmylibrary.com, 1 January 2007. 27. \"Alleged Harassment by Renowned Researcher Prompts Suit Against Yale\" ( e.com/article/alleged-harassment-by-renowned-researcher-prompts-suit-against-yale/), Chronicle of Higher Education], 2 December 2006. 28. \"Univ. faces harassment lawsuit\" ( nt-lawsuit/), Yale Daily News, 1 Dec. 2006 29. \"Another Lawsuit Against the University\" ( 7/l_v.html) Archived ( e.com/issues/2007_07/l_v.html) 8 October 2007 at the Wayback Machine, Yale Alumni Magazine, July 2007. 30. Los Angeles Times: \"Pharmacia to Buy Sugen for $650 Million\" ( la-xpm-1999-jun-16-fi-46990-story.html), 16 June 1999. 31. Pfizer corporate website: \"2003:Pfizer and Pharmacia Merger\" ( y/pfizer_pharmacia.jsp) Archived ( com/about/history/pfizer_pharmacia.jsp) 19 March 2013 at the Wayback Machine; retrieved 29 September 2015. 32. \"Sutent website\" ( Sutent.com. Retrieved 16 January 2012. 33 news announcement on Sutent\" ( cements/2006/ucm108583.htm). Fda.gov. 26 January 2006. Retrieved 16 January 2012. 34. \"Plexxikon web site\" ( Plexxikon.com. Retrieved 16 January 2012. 35. \"Daiichi Sankyo to Acquire Plexxikon\" ( Retrieved 28 February 2016. 36. \"Cancer biotech Kolltan Pharmaceuticals files for an $86 million IPO\" ( cle/cancer-biotech-kolltan-pharmaceuticals-files-for-an-86-million-ipo-cm390464), nasdaq.com, 12 September 2014. 37 S-1 (filing) ( filing.ashx?filingid=9752838), 12 September 2014. 38. Pablo Robles, \"Startup's cancer therapy preps for 2014 clinical trials\" ( s.com/article/20140113/PRINTEDITION/301109977/startups-cancer-therapy-preps-for-2014-clinic al-trials), hartfordbusiness.com, 13 January 2014. 2/17/25, 12:46 Joseph Schlessinger - Wikipedia Q24597152.-,Controversy,complaints%2C causing her to resign. 6/7 39. \"What is the history of Arthur G. Altschul Jr and the latest information about Arthur G. Altschul Jr?\" ( ion-about-arthur-g-altschul-jr/gam%20pr%20b/executive/arthur-g-altschul-jr/arthur-g-altschul-jr-37 48562.htm), chicagotribune.com, 27 December 2015. 40. J.R. Reed \"With $60 million, cancer drug develops\" ( h-60-million-cancer-drug-develops), yaledailynews.com, 4 April 2014. 41. \"Cancer biotech Kolltan Pharmaceuticals withdraws $86 million IPO\" ( le/cancer-biotech-kolltan-pharmaceuticals-withdraws-86-million-ipo-cm437690), nasdaq.com, 28 January 2015. 42. Genetic Engineering and Biotechnology News: \"Celldex to Acquire Kolltan for Up to $235M\" (htt p:// 9) 2 November 2016 Official website ( Yale School of Medicine appoints Joseph Schlessinger, formerly of NYU, Pharmacology Chair. (htt p:// Retrieved from \" External links 2/17/25, 12:46 Joseph Schlessinger - Wikipedia Q24597152.-,Controversy,complaints%2C causing her to resign. 7/7", "7930_106.pdf": "Donate to WikiLeaks ( Unless otherwise specified, the document described here: Was first publicly revealed by WikiLeaks working with our source. Was classified, confidential, censored or otherwise withheld from the public before release. Is of political, diplomatic, ethical or historical significance. Any questions about this document's veracity are noted. The summary is approved by the editorial board. See here for a detailed explanation of the information on this page. If you have similar or updated material, see our submission instructions. ( Contact us ( Press inquiries ( Follow updates Yale pharmacology head, Dr. Joseph Schlessinger, suppressed site exposing sexual, financial misconduct, 14 Sep 2009 From WikiLeaks Release date September 14, 2009 Summary Yale's Chair of Pharmacology, Dr. Joseph Schlessinger has been waging a war against online critics. Schlessinger had been sued by his former secretary for sexual harassment. He was also successfully sued by the Weitzman Institute for Science in 2006 after misappropriating, according to the court, research worth $900M dollars in royalties. Earlier this year or late last year, undisclosed individuals, possibly the aggrieved parties in those cases, registered \"josephschlessinger.com\", where they placed the court records, transcripts, and links to news articles, all woven together in a morally indignant tone that questioned how Dr. Schlessinger had ever been appointed Yale Pharmacology Chair, given this background. Rather than suing for libel, which may have been a difficult case to sustain, given that most of his critics' allegations were based on the public record, Dr. Schlessinger took a case to the WIPO, or World Intellectual Property Organization, where he claimed that he owned the commonlaw rights to \"josephschlessinger.com is a transnational court for international business disputes over copyrights and trademarks. It costs around $3000 to file a one day case in court fees. This cost does not include representation. Although the 1st Amendment has historically been viewed as giving special protection to criticism, in July 2009, WIPO, ordered that control of the critical site be handed over to Dr. Schlessinger. Dr. Schlessinger, or his proxies, already seem to control several other Schlessinger related names (.org, .net etc). The attached file is a containing detail that was present on josephschlessinger.com, together with a description of the case and other matters relating to public posturing of Dr. Schlessinger and his critics. Download File | Torrent | Magnet Further information Context United States Yale University File size in bytes 142689 File type information document, version 1.3 Cryptographic identity SHA256 45c5be1af458f57fc3dbabdb3e6ff3c91e687581693f351cbe60d1d23273355b Retrieved from \" Categories: Leaked files | 2009 | 2009-09 | Analysis requested | United States | Yale University | English WikiLeaks Donate Submit Search Leaks News About Partners 2/17/25, 12:46 Yale pharmacology head, Dr. Joseph Schlessinger, suppressed site exposing sexual, financial misconduct, 14 Sep 2009 - WikiLeaks 1/2 Research Community - user contributed research based on documents published by WikiLeaks. Tor is an encrypted anonymising network that makes it harder to intercept internet communications, or see where communications are coming from or going to. Tails is a live operating system, that you can start on almost any computer from a stick, or card. It aims at preserving your privacy and anonymity. The Courage Foundation is an international organisation that supports those who risk life or liberty to make significant contributions to the historical record. Bitcoin uses peer-to-peer technology to operate with no central authority or banks; managing transactions and the issuing of bitcoins is carried out collectively by the network. Top WikiLeaks Donate Submit Leaks News About Partners 2/17/25, 12:46 Yale pharmacology head, Dr. Joseph Schlessinger, suppressed site exposing sexual, financial misconduct, 14 Sep 2009 - WikiLeaks 2/2"} |
7,496 | A. Morrie Craig | Oregon State University | [
"7496_101.pdf",
"7496_102.pdf",
"7496_103.pdf",
"7496_104.pdf"
] | {"7496_101.pdf": "All Access + The Oregonian online newspaper \u2013 Start today for $1 professor fired for sexual harassment, bullying, makes rare appeal to trustees Updated: Dec. 05, 2017, 10:50 p.m. | Published: Dec. 05, 2017, 9:50 p.m. Oregon State University, shown here in this 2016 file photo, is based in Corvallis.(Andrew Theen/The Oregonian) Subscribe By Andrew Theen | The Oregonian/OregonLive A. Morrie Craig veteran Oregon State University professor fired over allegations of sexual harassment and bullying has appealed his dismissal to the school's board of trustees, according to board documents. Oregon State trustees on Dec. 11 will determine the fate of A. Morrie Craig, a toxicology professor in the College of Veterinary Medicine. He was first hired by the university in 1976. Craig's attorney did not respond to a request for comment Tuesday. The appeal is a rare example of a faculty member fighting for his or her employment by seeking intervention from a school's independent governing board. The university board formed in 2014 following the dissolution of the State Board of Higher Education. \"Usually, matters such as these are settled by a university and the faculty member,\" said Steve Clark, a university spokesman. He said he was not aware of any appeal made to the now-defunct higher education board. Clark declined to provide any specifics surrounding the alleged harassment that led to Craig's termination. \"The university does take complaints of bullying and sexual harassment very seriously,\" he said. Craig is still working at the Corvallis campus pending the outcome of Monday's board meeting. According to university documents shared with the board of trustees, Craig on May 16 was accused of \"engaging in bullying and sexual harassment,\" a violation of school policies punishable by dismissal. Oregon State defines bullying as \"conduct of any sort directed at another that is severe, pervasive, or persistent.\" The behavior must be something that would cause someone in the victim's shoes \"substantial emotional distress and undermine his or her ability to work, study or participate in his or her regular life activities special committee of the school's Faculty Senate held a two-day hearing and heard testimony from 18 witnesses. Craig also testified on his own behalf at the hearing, according to the documents. The faculty committee recommended firing Craig on Oct. 23, and Ray sent the letter a week later. University President Ed Ray sent Craig a letter terminating his employment on Oct. 30. Craig petitioned the Benton County Circuit Court on Nov. 6 to review the decision. But Judge Matthew Donohue wrote back the same day to say the court had no jurisdiction. The court documents, which included emails sent by concerned faculty and students, shed some light on the case. One veterinary student wrote to veterinary school dean Dr. Susan Tornquist in May to say she was \"sickened\" by his instruction and demeanor in the classroom. Denise Apperson, the student, listed her concerns: \"The outright falsehoods, the misinterpretation of fundamental science, the misstatements of fact, the manufactured dramatics, all overlain with an overt creepiness hope that you understand where my strong words are coming from hope that there is a resolution to this.\" Apperson, in an email to The Oregonian/OregonLive, said she could not comment on the case. On Monday, the university's trustees will have a chance to review and discuss the case. The board's 13 members are a mix of prominent business leaders, alumni and educators who are appointed by the governor. Clark said the trustees could vote to: support the university's decision to fire Craig with cause; return the case to the school for additional testimony and review; create a committee of the trustees' board to investigate the issue; or opt for an independent hearings officer to determine Craig's fate. Clark said it's unclear who would make the next move, the Faculty Senate or the school administration, if the board sends the issue back to Oregon State. Monday's meeting is by teleconference, and the public won't be able to call in or stream the meeting online, Clark said. An in-person listening station is available in Room 208 of the Memorial Union. Dr. Linda Blythe, a retired Oregon State veterinary professor who worked closely with Craig for decades, said she did not witness him bully or sexually harass students or researchers. She described the allegations against him as a \"sad end\" to a research career that brought millions of dollars in grants and funding to Oregon State. \"We have had a large number of graduate students come through that lab, and never one complaint in 40 years,\" Blythe said, referring to the decades prior to the university's investigation. Craig's ties to Oregon State are deep. He spent his entire career at the university after earning his doctorate there in 1970. He was granted tenure in 1982 and was recently paid $147,252, according to university records. His parents were also alumni, according to his mother's obituary Head-on crash kills driver going wrong way on state highway in Marion County Feb. 14, 2025, 4:00 p.m. Oregon/Washington government office closures, service adjustments for Presidents Day 2025 Feb. 14, 2025, 1:00 p.m. Craig founded a lab that tests for toxins in grass and other types of feed, Blythe said. The toxins pose a lethal threat to animals. Detecting them is crucial to farmers in Benton and Linn counties, the hub of Oregon's grass seed industry. The lab also tests for toxins in a variety of samples sent by veterinarians from all over the world, Blythe said. -- Andrew Theen and Molly Young Lynne Palombo of The Oregonian/OregonLive contributed to this report If you purchase a product or register for an account through a link on our site, we may receive compensation. By using this site, you consent to our User Agreement and agree that your clicks, interactions, and personal information may be collected, recorded, and/or stored by us and social media and other third-party partners in accordance with our Privacy Policy. 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All rights reserved (About Us). The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. Community Rules apply to all content you upload or otherwise submit to this site. YouTube's privacy policy is available here and YouTube's terms of service is available here. Ad Choices", "7496_102.pdf": "Musher\u2019s goodbye 27, 2018 \u2022 ( 12 ) Craig Medred 15TH, 2025 2/17/25, 12:47 Musher\u2019s goodbye \u2013 Craig Medred 1/7 Iditarod champ Mitch Seavey/Iditarod.com photo This story has been updated with the latest on the Morrie Craig lawsuit Three-time Iditarod champ Mitch Seavey, the oldest man ever to lead Alaska\u2019s Last Great Race into Nome, says he\u2019s sitting out the 2019 running of the Superbowl of sled-dog sports. No, the soon to turn 59-year-old musher isn\u2019t retiring. He\u2019s protesting. 2/17/25, 12:47 Musher\u2019s goodbye \u2013 Craig Medred 2/7 \u201cFor the first time in 25 years won\u2019t sign up for the Iditarod Race (on the) last Saturday of June,\u201d he wrote in a Wednesday missive to members of the Iditarod Official Finisher\u2019s Club love the Iditarod Race, and am willing to accept a lot of things don\u2019t really agree with. But there are two existing circumstances which are unacceptable to me because they leave mushers far too vulnerable.\u201d No, it\u2019s not the mystery saboteur or villain of the trail who caused so much trouble for son Dallas Seavey in 2016. ( The problems, in the eyes of Mitch are: 1. \u201cDr. Morrie Craig continued as chief of drug testing, and 2. \u201cNew Personal Conduct (Gag) rule.\u201d Craig is the man in charge of the program that found Dallas\u2019s dog team dosed with tramadol, a pain-killer reported to provide dogs a feeling of euphoria, after the finish of the race in 2016. ( Dallas has denied he gave the dogs the drug ( Dallas hired a high- priced public relations firm to catch whoever did it. Dallas has yet to identify a saboteur, but the firm has done a pretty good job of muddying the waters of the Iditarod\u2019s very minimalist anti-doping program. ( Mitch writes that he doesn\u2019t like the program because it too easily threatens the reputations of mushers, a debatable charge given that the field contains a cast of characters with all sorts of reputations. Among the most loved is four-time champ Lance Mackey from Fairbanks who boasts a pretty good \u201cbad boy\u201d reputation and enough of a court file to support it. And he\u2019s not alone in the category of not-quite- clean-cut. Mitch\u2019s other complaint has more substance: \u201c\u2026The program is deeply flawed and current protocols do not insure a valid test or absence of abuse \u2018positive\u2019 in the Iditarod would not as stand as a positive in any sophisticated program and \u2018traces\u2019 can be excused.\u201d The Iditarod has no standards for positive tests and no threshold limits to establish when a trace is meaningless or not. Under Iditarod rules, a positive is whatever the Iditarod Trail Committee board of directors decides is a positive. ( Seavey places all the blame for this on Craig, suggesting he decides what is a trace amount \u201cusually dismissed as tainted dog food,\u201d makes the judgment call as to what\u2019s a positive, and might misuse the key to bar codes that link the names of mushers to their numbered dog-pee samples after the race. Mitch goes on to tie the Iditarod drug \u201cczar\u201d to a case of sexual harassment at Oregon State University still in litigation ( and a family feud lawsuit that led to Craig and his wife being ordered to pay relatives $1.1 million for allegedly cheating them out of $142,000 while managing a trust belonging to Craig\u2019s aunt. ( 2/17/25, 12:47 Musher\u2019s goodbye \u2013 Craig Medred 3/7 An Oregon judged on Wednesday blocked the university\u2019s attempt to fire Craig. ( utm_medium=social&utm_source=email&utm_campaign=user-share) Craig\u2019s attorney has been pushing for a public airing of the accusations against his client. The university has refused to identify Craig\u2019s accusers or the details of their allegations and has fought to try him by secret tribunal. Easily intimidated mushers \u201cWade Mars (sic), a top Iditarod musher and president, felt threatened when Craig approached him at the starting line of the 2018 race and suggested his name might be connected to a positive test result unless he stopped supporting Dallas Seavey in his Iditarod drug testing controversy,\u201d Seavey wrote. Craig has denied that happened and said he simply told Marrs that traces of lidocaine that showed up in the mushers food probably came from contaminated meat Marrs was feeding his team. ( Mitch isn\u2019t buying the explanation. He contends that under the Iditarod\u2019s new strict liability rule for doping, it would be too easy for Craig to set someone up. The strict liability rule, the standard in other sports, stipulates that mushers should be treated as if they doped the dogs unless they can show some credible explanation for how else the dope might have ended up in the dogs. The rule arose out of the Dallas affair. Race officials discovered then that they were going to find it impossible to prove beyond a reasonable doubt that Dallas doped the team unless they could find a witness who actually saw Dallas administer the drugs. Given that Iditarod mushers spend most of their time away from people, there were no witnesses to anything. Mitch said he could \u201caccept a strict liability drug policy if the system and the people conducting it were trustworthy wish could convince myself that they are, badly as want to run the Iditarod, but it\u2019s a \u2018bridge too far\u2019 for me.\u201d The Iditarod is facing plenty of trust issues. Mushers don\u2019t trust the board. The board doesn\u2019t trust mushers. Knowledgeable observers don\u2019t know who to trust. Animal rights groups trust no one. Fans trust only the musher they love. The board doesn\u2019t even trust Craig, except when it does. On March 8, after the Marrs incident, it voted 4 to 1 to terminate its contract with Craig. The next day it reversed course and decided to keep Craig, but reprimand him for talking to Marrs. What happened to spark that change has been the basis of considerable speculation and rumor with some suggesting Craig might know too much about past, laboratory findings of drugs that were treated as something other than positive drug tests by the board. Multiple sources have told craigmedred.news of mushers that were told to leave Iditarod or take time off after their dog pee showed drug use although until the Dallas case Iditarod claimed there had never been a positive drug test. But doping isn\u2019t Mitch\u2019s only complaint. 2/17/25, 12:47 Musher\u2019s goodbye \u2013 Craig Medred 4/7 He calls a new \u201cpersonal conduct rule\u201d that warns against \u201cengaging in illegal activity\u201d and holds the musher responsible for the behavior of handlers or associates is \u201cserious overreach.\u201d \u201cBy the letter of the law,\u201d Mitch contends, \u201ca minor infraction by a handler or family member could have repercussions on the musher even in the off-season\u2026. \u201cDoubtless there are mushers who ought to moderate their behavior and rhetoric personally have been repeatedly slandered by at least one \u2018musher\u201d signed up for the race and their \u2018associates agree that some form of a personal conduct rule is necessary. But this rule goes overboard.\u201d Given all of this, Mitch said, he just can\u2019t be part of the event because have far more to lose by exposing myself to these conditions than have to gain even if could dare hope to win again.\u201d He finished third this year. CORRECTION: The original version of this story had Mitch Seavey\u2019s age off by a year. Published by craigmedred craigmedred.news is committed to Alaska-related news, commentary and entertainment. it is dedicated to the idea that if everyone is thinking alike, someone is not thinking. you can contact the editor directly at craigmedred@gmail.com. View all posts by craigmedred ( 2/17/25, 12:47 Musher\u2019s goodbye \u2013 Craig Medred 5/7 \uf108 12 replies \u00bb Mitch and his family have long been ardent supporters of mushing . One of the few third generation distance mushing families in Alaska . As well as mentor to young people .He at times even generously bank rolled them . Mitches father in early 70s gave his winnings back to Iditarod during a budget short fall . Mitch started from very modest beginnings. He Worked to the extreme . Managed to raise a family , develop a buisness that brings happiness to people visiting Alaska and live his dream. He has provided a place for people to learn about sled dogs and make a living for themselves believe mitch is proof hard work pays off and is an inspiration to young and old . Nothing was handed to him on a platter . Iditarod will be less colorful without him and his team . Reply Here is a link to a (now ancient) video my wife and put up showing off the original kennels, back in 2009: ( Reply Oops meant that as a reply to Steve. Sorry for the clumsy post! Reply Those are both good reasons to complain loudly and strenuously based on principle, but don\u2019t add up to enough for a winning team to sit the race out. Clearly there is more to the story. As an aside, I\u2019m pretty fed up with the ITC\u2019s legacy of bullshit. Reply can understand Mitch\u2019s logic. He is against good ole boy tyranny. Subjective drug testing with no recourse or independant sample analysis. Gag law straight from the Mafia play book. Will cost him. And wonder if Dallas can afford to miss another Iditarod. Should find out soon. But Seavey boycotts will likely do little to change the direction of the Iditarod race mismanagement. You can\u2019t fix stupid. Reply According to this article \u201cMultiple sources have told craigmedred.news of mushers that were told to leave Iditarod or take time off after their dog pee showed drug use\u201d. Was Mitch advised to \u201ctake time off\u201d from Iditarod because of his use of Wintergreen oil which has salycilate in it? Reply Sorry to hear you are leaving now Mitch totally understand you concerns and agree need to come right away. Perhaps lots of other mushers will follow suit and Iditarod 2019 may have to sit out for one year to regroup and get a grip. This is not what my friend Joe Jr. would have wanted this race to come to. Happier Trails! Reply 2/17/25, 12:47 Musher\u2019s goodbye \u2013 Craig Medred 6/7 Nice to see mushers are the ones \u201cprotesting\u201d the Board cause let\u2019s face it everything stated above (like the gag rule and Dr. Craig\u2019s monopoly)\u2026is all under the Board\u2019s control. Why can\u2019t we test the dog\u2019s urine in Alaska am sure the lab at Providence Medical Center in Anchorage is quite capable. On another note\u2026if you sit out the 2019 race, there may not be any sponsors around by 2020, so you will be free from the Mob by \u201cdefault did hear some positive news that Mitch moved one of his kennels to \u201ctethered free\u201d for the tourists this summer\u2026a start is a start and am sure there are some happy huskies as a result. nice job! Reply tried several tethered free housing methods in 2009/10 and the results were pretty disappointing tbh. There were a few pairings and even triple-ings that worked, but for the most part had to scrap the program after ran into too many fight related injuries. Especially disappointing given the fact that the initial findings were very encouraging. Reply Jason believe you on that have enough trouble keeping two young huskies apart. Six or seven dogs would probably be max for one person to handle in a kennel like this, but if you were just out mushing as a recreational hobby or transportation\u2026seven dogs would be plenty. Steve think it\u2019s dangerous for anyone to start quantifying how many is \u201ctoo many\u201d for a given type of containment system, etc. Over the last 10 years, we have gone from a handful of dogs to 29 dogs, and have always utilized a kennel setup, partly b/c the property we purchased already had a lot of elements that lent itself to doing that kind of setup. We very rarely have fights, and when we do it\u2019s when the dogs are all loose during one of their twice-daily free-run/excercise times\u2026not when they are in their pens/kennels. With that said, it\u2019s not for everyone, or for every breed of dog. IMO, there are many different ways to meet, or to fail to meet, a dogs\u2019 needs. What is best depends a lot of geography, breed of dog, lifestyle limitations of caregiver, among other things should add that in our setup, every dog has a buddy (eg is paired) with another dog. Admittedly we put a lot of thought into what dogs we pair. Our experience has been that it works well for us and our dogs, our lifestyle, and geography would not try to push the same on someone else. 2/17/25, 12:47 Musher\u2019s goodbye \u2013 Craig Medred 7/7", "7496_103.pdf": "Iditarod musher claims race official threatened him By Mark Thiessen - The Associated Press Published: March 07, 2018 at 10:46PM - In this March 7, 2015, file photo, musher Wade Marrs of Willow, Alaska, leads his team during the ceremonial start of the Iditarod Trail Sled Dog Race in Anchorage, Alaska. Marrs, in a statement released by his kennel Tuesday, March 6, 2018, claims the head of the Iditarod's drug testing program, Dr. Morrie Craig, threatened to reveal his dogs tested positive for a banned substance. Marrs felt it was out of retaliation for the musher being vocal about how race officials have handled dog doping Photo/Rachel D'Oro, File) ANCHORAGE, Alaska -- The head of the Iditarod's drug testing program, who is challenging his termination from a university job over allegations of bullying and sexual harassment, has been accused of threatening a musher just before the start of this year's race -- another black mark for the beleaguered, world-famous sled dog race. Iditarod officials said Wednesday they are reviewing the allegations and will determine the future role of Dr. Morrie Craig within the next few days. Craig is a contractor for the Iditarod, who is paid an annual $2,500 stipend. The Iditarod's policy against sexual harassment also covers bullying. Attempts to reach Craig on Wednesday weren't successful. In a statement released by his kennel Tuesday, musher Wade Marrs claimed Craig threatened to reveal him as a second musher whose dogs tested positive for a banned substance last year. Marrs said the threat came in retaliation for his work with the Iditarod Official Finishers Club, which has been critical of race officials for how they handled the positive drug tests last year involving the team of four-time Iditarod champion Dallas Seavey. Marrs also claimed it was intended to silence him before a club meeting after the race ends next week in Nome. Marrs' team had a trace amount of the banned substance lidocaine in their urine after last year's test, but it wasn't enough to trigger a positive test, said Chas St. George, the race's chief operations officer. In October, race officials announced dogs on Seavey's team tested positive for tramadol, an opioid pain killer but said they could not prove that Seavey administered the drug and didn't punish him after his second-place finish. Sports 2/17/25, 12:47 Iditarod musher claims race official threatened him 1/31 Seavey denies administering any banned substance to his dogs and dropped out of this year's race in protest. The statement from Marrs' kennel claims Craig approached the musher just 30 minutes before the race began Sunday in Willow, Alaska. It says Craig told Marrs the urine from his dog teams contained trace amounts of a banned substance, and if Marrs \"workings\" with the finishers club and Seavey didn't end, the information would be released to the public. \"This was very ill-timed, it was right before Wade was getting ready to leave Willow and move on up the trail,\" St. George said know Dr. Craig has already expressed his apologies, but as far we're concerned this is still something we have to weigh.\" Stan Hooley, chief executive of the Iditarod, spoke with Marrs Tuesday at a checkpoint 300 miles into the race, but St. George didn't have details of the conversation. St. George said it's not unusual for the director of testing to interact with mushers, or \"chat them up,\" as urine is collected from the dogs for testing. \"What interaction he had with Wade went beyond that,\" St. George said. Craig, a toxicology professor at Oregon State University, was terminated on Oct. 30 after a faculty committee found he had bullied two students and had sexually harassed a student and faculty member. Craig remains employed as he challenges his termination through the university process and in the Oregon state court system, said Steve Clark, vice-president for university relations at Oregon State. The current 46th Iditarod could be the most challenging. Along with fallout from the dog doping scandal, the race has lost a major sponsor as animal rights activists ratchet up pressure. Joar Leifseth Ulsom of Norway was leading the Iditarod on Wednesday, and he was the first musher out of the checkpoint in the ghost town of Ophir, about 350 miles into the race. Sixty-seven mushers began the race for Nome on Sunday, and the winner is expected early next week. 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Read about us News App Contact Us Newsletters Team \u00a92025 BellMedia All Rights Reserved Accessibility & Feedback Accessibility About BellMedia Bell Privacy Policy Terms & Conditions Political Ad Registry 30 Products From Canadian Brands That Should Be On Your Wish List 22 Bestselling Fitness Products From Amazon Canada Worth Adding To Your Cart This February 17 Game-Changing Tech Products That'll Simplify Life in 2025 If You Have a Small Bathroom, You Probably Need these 15 Space-Saving Products If You\u2019re Looking For New Dish- Drying Rack, You Probably Need One Of These In Your Life 16 Two-Person Games That'll Make Nights In More Fun The Absolute Best At-Home Hair Gloss Treatments You Can Get In Canada Right Now 12 Eye Creams That\u2019ll Make You Look Well-Rested, Even If You\u2019re Not If You're On The Hunt For Retinol Serum, Here Are 15 That Reviewers Are Loving Right Now 25 Great Gifts To Add To Your Baby Registry (Or Buy For Yourself) 2/17/25, 12:47 Iditarod musher claims race official threatened him 30/31 Other Brands CP24 Bloomberg TSN.ca Autres Marques Noovo.info Noovomoi.ca RDS.ca 2/17/25, 12:47 Iditarod musher claims race official threatened him 31/31", "7496_104.pdf": "Saboteurs and villains 10, 2018 \u2022 ( 8 ) Craig Medred 15TH, 2025 2/17/25, 12:47 Saboteurs and villains \u2013 Craig Medred 1/13 Norwegian promotion for musher Dallas Seavey\u2019s scheduled appearance at the Finnmarkslopet Two months have passed since four-time Iditarod Trail Sled Dog Race champ Seavey hired a high-power, San Francisco crisis-management firm to probe who doped his dog team in Nome last year, ( drug-tests/) and not a word has emerged as to progress in the investigation. Elise Houren, the account executive for Singer Associates Inc. handling the Seavey case, ( said to be in a meeting today. Calls were referred to her voicemail message left there was not returned. Meanwhile, Seavey was busy opening a new front in his war against the organizers of The Last Great Race, suggesting to a sportscaster that the Iditarod Trail Committee might have framed its biggest star because of a \u201cpersonal vendetta\u201d ( v=sUYHsTrwIWo&list=PLoGCnQhAElE02JmGVw9POxLAwZCzRWzbt&app=desktop)and that an Oregon laboratory might 2/17/25, 12:47 Saboteurs and villains \u2013 Craig Medred 2/13 have cooperated because its director \u2013 University of Oregon professor A. Morrie Craig \u2013 is facing charges of sexual harassment and bullying. ( order/article_34334586-4b49-5e09-a915-ad910f5d8c75.html) How exactly those charges relate to a suggestion of fraud at the lab despite any evidence is unclear, but sportscaster John Thompson prompted Seavey with this: \u201cAnd the man that oversees the drug testing is Dr. Morrie Craig. Ah don\u2019t know if he is currently working for Oregon State. He\u2019s as a professor. There was some things. Did a Google search on Morrie Craig\u2026. Seavey heard.\u201d Thompson did, and turned out he was fired for sexual harassment bullying. He\u2019s appealing that right now think they\u2019re going through a process\u2026.but he\u2019s supposedly, Dr. Morrie Craig, the only person on the planet who has access to the name and to the codes (for Seavey\u2019s doped dogs.) Seavey: \u201cSo what know, is that when asked (Iditarod chief veterinarian) Stu Nelson, who did look at this? Who made a decision? Who decided this was a positive test. The only name get is Morrie Craig. That he told us that this was a positive test. And asked, did anybody else look at this or review this? And heard of nobody else\u2026. \u201cHe is the only person who holds the name of the musher and the bar code (on the samples). So when the lab sends information to apparently Morrie Craig, he then decides what to inform the Iditarod about. And he also then, there\u2019s no checks and balances at this stage, that can say this is the musher that had this positive test. \u201cSo that\u2019s a serious bottle neck in the system with no checks and balances.\u201d Despite Dallas\u2019s claim, doping protocol is to code urine samples and strictly limit access to the key to the codes to avoid the possiblity of tampering. \u201cThe athlete\u2019s name is not on the form that goes to the laboratory,\u201d the U.S. Anti-Doping Agency says. ( laboratory reports all results based on the unique sample code numbers.\u201d Craig said in November he matched the codes on the urine samples to Dallas\u2019s name on the code, double- checked the match, and then notified Iditarod. Dallas now claims that because he doesn\u2019t have the bar codes and the key in his hands that the tramadol- laced urine reported to the Iditarod could have come from \u201cany dog.\u201d Craig is a respected toxicologist named the Oregon Scientist of the year in 1996 and inducted into the Greyhound Hall of Fame for his work in studying doping in greyhounds. ( The accusations of sexual harassment and bullying were levied against him in May, two months after he notified the Iditarod it had a dog team test positive for tramadol. That was Seavey\u2019s dog team, Craig reported. The university fired Craig about six months later on Oct. 30. Craig appealed and then, in among the rarest of moves for such cases these days, went to court demanding his case be publicly aired. 2/17/25, 12:47 Saboteurs and villains \u2013 Craig Medred 3/13 Oregon judge is now wrestling with how to handle the case. Little detail has emerged, and what has been made public seems to go more to professional practices than sexual harassment or bullying. \u201cOne veterinary student wrote to veterinary school dean Dr. Susan Tornquist in May to say she was \u2018sickened\u2019 by his instruction and demeanor in the classroom,\u201d The Oregonian reported. \u201cDenise Apperson, the student, listed her concerns: \u2018The outright falsehoods, the misinterpretation of fundamental science, the misstatements of fact, the manufactured dramatics, all overlain with an overt creepiness hope that you understand where my strong words are coming from hope that there is a resolution to this.'\u201d The new mess in Oregon is sure to only add to the mess ongoing in Alaska since the doped Seavey dogs were first revealed in the fall role for government So maybe the time has come to ask an obvious question, a question someone should have asked months ago: Why is Seavey-the-younger \u2013 30-year-old Dallas is the son of three-time and defending champ Iditarod Mitch Seavey \u2013 being forced to undertake his own investigation into what the Iditarod itself has tacitly agreed could have been an attempt to sabotage the reputation of the 49th state\u2019s signature sporting event? Already facing financial hurdles, the Iditarod has said it is going to up checkpoint security this year in the wake of the Seavey doping controversy. \u201cWe\u2019re looking at a number of different protocols that we can deploy in the future,\u201d Iditarod spokesman Chas St. George told radio in December ( security-rewrite-gag-rule/). \u201cThis year, for instance, you will see, more visibly, individuals who are boots on the ground that will be monitoring our dog lots.\u201d Any increase in security will cost the cash-strapped Iditarod, and security is only necessary if sabotage is truly a threat. Nobody knows whether it is because nobody other than the crisis-management firm hired by Dallas has made any effort to determine if someone \u2013 be it a musher in the race, a phantom animal rights activist in Alaska, or a lab in Oregon \u2013 did, indeed, try to sabotage the Iditarod. If the jockey in the Kentucky Derby claimed his horse was sabotaged and the owners of the race track, Churchill Downs Inc., ( agreed sabotage was a possibility, would authorities in Kentucky expect the horse owner to conduct an investigation to find out what happened? If a driver in the Indianapolis 500 suggested sabotage and the owners of the Indianapolis Motor Speedway, ( manage the track, agreed sabotage a possibility, would authorities in Indiana expect the driver\u2019s racing team to conduct an investigation to find out what happened? If a golfer in the Masters Tournament claimed sabotage and the board of the Augusta National Country Club ( that as a possibility, would authorities in Georgia 2/17/25, 12:47 Saboteurs and villains \u2013 Craig Medred 4/13 expect the golfer to conduct an investigation to find out what the hell happened? Shortly after young Seavey was outed as the musher behind the first doped Iditarod team ever publicly revealed, he went on YouTube to proclaim his innocence and attack the Iditarod for failing to conduct an investigation to find out who doped his dogs. ( Wrong and right Seavey was wrong about the Iditarod\u2019s responsibility to investigate. The Iditarod manages a dog race. No more. No less. Dog mushers are allowed \u2013 allowed \u2013 to compete if they meet certain standards. The Iditarod doesn\u2019t have a responsibility to protect Seavey any more than it does to protect back-of-the- pack musher Robert Loveman, the Seely Lake, Mont., musher who got tossed out of Iditarod in 2009 without warning after race marshals judged him \u201cnot competitive.\u201d Loveman sued the Iditarod, arguing it broke its own rules in order to toss him overboard. ( Alaska Superior Court judge eventually ruled that it didn\u2019t matter because Loveman signed the standard musher release giving Iditarod the authority to run the race just about any way it wanted. It\u2019s not the Iditarod\u2019s role to investigate potentially illegal acts that happen during the race. That is the responsibility of the Alaska State Troopers, who stepped in to investigate when a snowmachine driver from Nulato struck and killed a dog in the team of four-time champ Jeff King in 2016 ( and again when a young woman musher was groped by a snowmachine rider along the trail later the same year. ( The state has a significant interest in the Iditarod. The state has been a regular financial backer of Iditarod. ( race is the mainstay of the state\u2019s small winter tourism industry. ( 001a4bcf887a.html) And an Iditarod run with doped dogs tarnishes not only the image of the Iditarod; it tarnishes the image of the state. Some of those who see themselves as advocates for dogs are already actively making arguments that Iditarod mushers are doping their teams to \u201d help dogs run through the pain and push themselves harder and farther than they should.\u201d ( The award-winning movie \u201cSled Dogs,\u201d ( which portrays Iditarod dogs as pushed to the limit (pretty much the norm in most canine, human and equestrian ultra- endurance events), has only added to the controversy. Tramadol is a synthetic opiod. It in 2014 became a schedule drug under the federal Controlled Substances Act. ( Illegal use of a schedule drug carries a maximum penalty of up to five years in prison and/or up to $1 million in fines. ( 2/17/25, 12:47 Saboteurs and villains \u2013 Craig Medred 5/13 The state could certainly make a case that anyone other than Dallas or one of Dallas\u2019s dog handlers giving his dogs a controlled substance constitutes criminal mischief in the third degree, ( a felony. The statute clearly states that \u201ca person commits the crime of criminal mischief in the third degree if, having no right to do so or any reasonable ground to believe the person has such a right\u2026recklessly creates a risk of damage in an amount exceeding $100,000 to property of another by the use of widely dangerous means.\u201d Wells Fargo Bank, an Iditarod sponsor reported to contribute more than $100,000 to the race, pulled out of the race in the wake of the doping scandal. ( alaskas-iditarod-race/) Dallas has stated that someone giving his dogs drugs was engaged in a reckless act. He told reporters the dogs could have suffered a reaction to the drugs and died. Who done it? The possibility Dallas himself doped his dogs cannot be discarded. Five reliable sources with connections to either the community of Iditarod veterinarians or the Iditarod board of directors have told craigmedred.news that his dogs were not the first Iditarod dogs to be found with prohibited drugs in their urine. Two of those sources said past incidents were handled quietly, behind closed doors by the Iditarod\u2019s executive committee, and that in a couple of cases mushers were told to take some time off from The Last Great Race. The Iditarod has officially refused to comment on past doping incidents or actions that might have been taken related to doping. The latest case remained secret for months after Dallas\u2019s dogs tested positive in March 2017. It only came to light in October when the Iditarod announced it was adding a \u201cstrict liability standard\u201d to its doping rule as the norm in other sports. ( In making that announcement, the race did not reveal the name of the musher whose team had tested positive for drugs or what drug had been used. Dallas\u2019s name did not emerge until the Iditarod Official Finishers Club made a stink, charging that by not naming the musher involved the race had fueled speculation that implicated as potential dopers the drivers of any of the teams tested at the finish of the 1,000-mile race in Nome. All of the top-20 teams get tested. Both Iditarod officials and Dallas later admitted they talked repeatedly between the positive drug test in March and the October announcement of the \u201cstrict liability rule.\u201d Dallas has said those talks led him to believe he was in the clear. The Iditarod has never revealed its version of what exactly took place in those talks. It would appear possible, given reports of mushers in the past being asked to take time off from Iditarod as a form of punishment, that Dallas was asked to sit out the 2018 Iditarod. Officially, Iditarod announced only that it had \u201cdecided that rather than attempting to enforce a potentially ambiguous rule under uncertain circumstances, that it would be best for all interests involved \u2013 including the mushers, sponsors, fans and the general public \u2013 for it to rewrite its canine drug test rule to adopt a bright line strict liability standard.\u201d ( content/uploads/2011/12/10.23.17_Iditarod_ITC-Statement-Update-on-Rule-39.pdf?x86326) 2/17/25, 12:47 Saboteurs and villains \u2013 Craig Medred 6/13 Dallas is not running the 2018 Iditarod, but the Finnmarkslopet instead. The timing of the latter race makes it impossible to race in both Norway and Alaska the same year. Former Dallas handlers and friends of the Willow musher say he was planning to skip the Iditarod in favor of the Finnmarkslopet long before the doping controversy erupted in the news. After that happened, he took to YouTube to lash out at the Iditarod for besmirching his name and said he would sit out the 2018 race. ( a month later came the announcement he was heading for the Finnmarkslopet. ( The authorities on drug testing have said Seavey\u2019s dogs were doped either in Nome at the end of the 2017 race, along the last 90 miles of trail from White Mountain to the finish, or in White Mountain, the penultimate checkpoint. White Mountain is an Eskimo community of about 200 on the Fish River. ( the race, it swells with Iditarod race officials, mushers and media. It is possible that a stranger could dope dogs there, but it would take a bold saboteur. The risks of being spotted by a musher, a race official, a villager or even a journalist are high. Dallas has suggested someone could put something in the food drop of a musher at White Mountain, but doping authorities say the uniformity of drug concentrations in this case make that unlikely. The data indicates that all of the dogs were given the same dose of drug. It would be difficult to get such an even distribution of drug by putting it in their food, they say. Similar problems make sabotage along the trail \u2013 another suggestion \u2013 improbable, according to the experts. All four of the four dogs tested in Dallas\u2019s seven-dog team had similar levels of tramadol in their urine. The four-for-four positives in the test make it a slam-dunk statistical probability all the dogs got a similar pill. It is highly unlikely all seven of Dallas\u2019s dogs would pick up tramadol-laced treats left along the trail, as some Idiatrod fans have theorized. All of this leaves the Bering Sea coast community of Nome, a busy place at the end of the Iditarod, the most likely place for a saboteur to strike. Nome has the most secure dog lot on the trail and a witness working the dog lot on the night in question said he didn\u2019t see anything suspicious. ( that doesn\u2019t mean a doping couldn\u2019t have happened there. Dallas has said he believes it most likely the dogs were doped in Nome, in the dog lot, between 10:30 and 11 p.m. on the night he finished the race ( How he arrived at that conclusion has never been explained. That statement came last year. Dallas appears to have since shifted his angle of attack. He today told Thompson that if the Iditarod believe he doped his dogs, the trail committee should \u201cprove it.\u201d He knows that is an impossible demand. For much of the run from White Mountain to Nome, Seavey was alone on the trail with the team. He could have doped them anywhere with no one the wiser. The \u201cstrict liability standard\u201d the Iditarod has now adopted does away with the requirement of proof by stipulating that a musher is at all times responsible for the dog team. Nearly all professional endurance sports \u2013 including those overseen by the International Federation of Sleddog Sports (IFSS) \u2013 use a rule like this because without it, there is no way to stop doping. 2/17/25, 12:47 Saboteurs and villains \u2013 Craig Medred 7/13 Sabotage is an all too easy excuse Columbian cyclist now facing charges of doping with is using it in a claim that he was tricked into cheating. ( Because of cycling\u2019s strict liability rule, he can only make that claim stand if he reveals the people he claims tricked him and evidence can be found to show the claim true. Doping is a problem that has become universal in sport and stopping it is not easy. Better not to know? The Iditarod never aggressively pursued Dallas. It did not fine or suspend him or withhold his race winnings of $59,637. ( In announcing the decision to upgrade the doping rule to include a strict liability standard, the race tried to keep Dallas\u2019s name secret. Many sources involved with Iditarod said the organization sees no upside in opening a serious probe into what has gone on in the Iditarod in the past, or in asking the state to open an investigation. The organization is worried, those sources say, about a possible downside to any such action given past, undisclosed doping and a less-than-perfect anti-doping program. When Australian authorities decided to probe doping in racing dogs in that country several years ago the results turned into a public-relations nightmare for greyhound tracks. \u201cMore than 50 (New South Wales) trainers were caught doping greyhounds during a period of intense public scrutiny of the industry, including using ketamine, amphetamines, pesticides and cobalt,\u201d The Guardian reported a year ago as the investigation was wrapping up. ( \u201cThe penalties for the 51 doping offences ranged from a $500 fine for the use of morphine, codeine and norcodeine, to a 16-month racing suspension for the detection of anabolic steroids in the same greyhound three times in late 2015,\u201d the newspaper said. \u201cCobalt, a potentially dangerous substance that can help dogs perform at peak levels for longer, was detected in greyhounds in a dozen cases.\u201d The 221-page report on the investigation, a document readily available online since 2016, ( 3.pdf)could be considered a guide to possible ways to dope dogs. Cobalt supplementation has been suggested as a possibility in Alaska where many mushers are into giving their dogs supplements. Cobalt could be considered a poor man\u2019s EPO. Comparatively cheap and readily available, ( it boosts concentrations of oxygen-carrying, red-blood cells. It fools the body into believing it is hypoxic, and the physiological response to hypoxia is to build more red-blood cells to compensate. In that regard, cobalt works similar to a so-called \u201caltitude tent,\u201d a training-enhancement device used by many human athletes. ( Research veterinarians who have been involved with the Iditarod over the years \u2013 vets who regularly court publicity \u2013 either stopped answering emails when asked about possible Iditarod cobalt use or dodged the question. 2/17/25, 12:47 Saboteurs and villains \u2013 Craig Medred 8/13 See no evil Cobalt is not specifically banned by the Iditarod rules, but could be read to be illegal under a broad \u201cblood doping\u201d ban. Asked if the cellular response of hypoxic dogs mimics that of well-studied humans, Michael Davis, a University of Oklahoma veterinarian who has worked with a number of Iditarod mushers and their dog teams, ( emailed that have studied the effects of hypoxia on canine exercise capacity \u2013 and the adaptation of dogs to hypoxia \u2013 on behalf of the military. The results of those studies are not available to the public per the research agreement with the military.\u201d Scientific American in 2016 cited cobalt supplementation as one of the ways Russian Olympic athletes were blood boosting. ( \u201cIn recent years, athletes including cyclists have used drugs called stabilizers (hypoxia inducible factor), an emerging class of kidney-disease drugs that stimulate the body\u2019s own production of by activating genes to express EPO. Many stabilizers, such as argon and xenon, are detectable in blood tests, but cobalt chloride does the same thing and is more difficult to detect,\u201d reporter Bill Gifford wrote. ( Davis said he wasn\u2019t at liberty to talk about this sort of thing. \u201cAs a matter of personal policy, developed over the many years of studying exercise physiology in humans and animals strictly limit my discussions of performance-enhancing drugs in human and animal athletes to either peer-reviewed publications or informally with a few select scientific colleagues,\u201d Davis said. \u201cOther than affirming that believe competition should be conducted according to the rules of that competition never discuss the topic of performance-enhancing drugs with folks involved in athletic competitions (competitors or officials), spectators, or members of the press.\u201d Legal drugs Davis was one of the vets involved in the discovery that the stress of the Iditarod leads to gastric ulcers in dogs. Until that discovery, bleeding ulcers regularly killed dogs in the races. Most Iditarod dogs are now given drugs to help eliminate ulcers. Davis has talked about this problem at some length in the popular media over the years. ( Craigmedred.news has found no evidence of any now-competing Iditarod mushers giving dogs prohibited drugs or cobalt supplements, but blood-boosting techniques to enhance sports performance are not the sorts of thing people generally talk about. Cobalt would appear to be more useful to an Iditarod musher than the tramadol found in Dallas\u2019s dogs. Tramadol is considered a rather ineffective pain killer in canines, but a veterinarian who has studied the drug at length said it does have a \u201cCymbalta-like effect\u201d on dogs. ( Cymbalta is an anti-depressant drug now widely prescribed to treat fibromyalgia, a chronic disorder marked by widespread muscle pain and tenderness, and overwhelming tiredness. ( Dogs nearing the end of the Iditarod in Nome are often visibly dealing with overwhelming tiredness and tender muscles. 2/17/25, 12:47 Saboteurs and villains \u2013 Craig Medred 9/13 While Davis refused to talk about the potential benefits of hypoxic conditioning, both he and Arleigh Reynolds, a musher and professor of veterinary medicine at the University of Alaska Fairbanks, offered opinions to the New York Times in 2007. Reynolds was at that time working with four-time Iditarod champ Jeff King of Denali Park on a hypoxia project. \u201cKing has been an innovator in sled-dog racing,\u201d wrote Times reporter Douglas Robson ( \u201cHe trains his dogs in water during the summer and has developed sled and harness designs that have been copied by his peers. He spent about $50,000 last year converting a barn on his property in Denali, Alaska, into a chamber in which the oxygen content of the air is about the same as it is at 9,000 feet.\u201d As a result of the altitude barn, the red-blood-cell counts in King\u2019s dogs increased and, for unknown reasons, their ability to remove lactic acid from their blood also increased by 60 percent and stayed elevated by 30 percent even two weeks after the dogs quit sleeping in the barn, according to The Times story. Lactic acid build up slows muscle contractions. It is a body-protection mechanism. More oxygen becomes available to the muscles once they slow, and that protects against longterm muscle damage. ( Davis told The Times in 2007 that he wasn\u2019t sure the altitude tent would \u201cprovide a significant benefit in this type of event would expect there would be a benefit in a much shorter event, of 20 to 25 miles.\u201d The Oklahoma veterinarian added, however, that because sled dogs lose red-blood cells during the race, \u201dstarting with a few more would translate to an advantage closer to the end.\u201d Asked about the King study during the reporting for this story, Davis emailed was not involved in any way with Jeff King\u2019s experiments with altitude chambers.\u201d Reynolds could not be reached. King, the defending Iditarod champ in 2007, finished fifth in the Iditarod in 2007. He rebounded to finish second the next year behind Lance Mackey from Fairbanks, who was in the middle of a remarkable string of four straight victories. King has continued to use the perfectly legal attitude barn. The dogs, he told the blog of the Mushing Loon Kennels in 2009 ( preview-jeff-king.html), \u201care in there at about eight to 10 hours at a time. With the help of canine physiologist Arlie (sic) Reynolds, we were able to see on paper a definite advantage in things like red cell, pac cell, lactic acid reduction \u2013 stuff like that. But don\u2019t think I\u2019ve won a race since had it, so it\u2019s clearly not a runaway must-have. Lucky for you \u2019cause it\u2019s 50 grand worth of equipment. It is very fun though like to sleep out there as well sleep sound, and wake up feeling great. Don\u2019t try to light a candle though, \u2019cause it don\u2019t work.\u201d One of the most successful mushers in Iditarod history, King has four victories and 20 top-10 finishes. An astute businessman, he is among only a handful of mushers who could afford the expense of a sealed building in which to artificially take dogs to altitude. For others, a boost from a questionable supplement might appear far more attractive. 2/17/25, 12:47 Saboteurs and villains \u2013 Craig Medred 10/13 variety of mushers have told craigmedred.news they are suspicious some of their competitors are doping their dogs. Most have mentioned the use of steroids in training for Iditarod to help build lean muscle mass and allow for higher volume training. Some drivers now claim to run teams up to 5,000 miles in training, something unheard of when the Iditarod began. Two very experienced mushers said it was their belief that if they put that sort of mileage on their dogs in training without chemical assistance the dogs would break down. Only a couple of mushers have publicly stated their concerns about doping. One is John Schandelmeier, a former winner of the 1,000-mile Yukon Quest International Sled Dog Race (Alaska\u2019s second biggest sled-dog event) and columnist for the Anchorage Daily News. \u201cThe challenge is, of course, off-season doping,\u201d he told Alaska Public Media only days ago, ( there is no way of testing for it.\u201d \u201cYou\u2019re supposed to run a dog as a dog,\u201d he added. \u201cYou\u2019re not supposed to dope.\u201d Schandelmeier and his wife, Iditarod veteran Zoya Denure, are the verge of becoming pariahs for speaking out on reforms they believe necessary to clean up long-distance sled-dog racing. The only other musher who would go on record about doping was now 82-year-old, Iditarod champ Jerry Riley from Nenana, who had a very simple answer when asked about doping. \u201cOnce it started,\u201d he said, \u201cit never stopped.\u201d An Athabascan Indian from Central Alaska, Riley has a checkered Iditarod history. He was banned from the race for a while in the 1980s after he had a couple of dogs die. He said at the time that he\u2019d only recently purchased the dogs from another musher and blamed their deaths on that musher doping the dogs. Nobody believed his doping charges at the time, or at least that was what they said publicly. CORRECTION: An earlier version of this story included a slightly different explanation of the Robert Loveman lawsuit. 2/17/25, 12:47 Saboteurs and villains \u2013 Craig Medred 11/13 Published by craigmedred craigmedred.news is committed to Alaska-related news, commentary and entertainment. it is dedicated to the idea that if everyone is thinking alike, someone is not thinking. you can contact the editor directly at craigmedred@gmail.com. View all posts by craigmedred ( 2/17/25, 12:47 Saboteurs and villains \u2013 Craig Medred 12/13 \uf108 8 replies \u00bb \uf107 Pingback: Heroes and villains \u2013 Craig Medred \uf107 Pingback: Shades of Iditarod \u2013 Craig Medred really appreciate this post been looking everywhere for this! Thank goodness found it on Bing. You have made my day! Thx again Reply Eskimo? Really, my phones spell prompting won\u2019t even come up with that word. As to your article agree that Dallas should have just STFU. Without some kind of indictment from he is just shooting him self in the foot. I\u2019m not sure who his sponsors are but most of the companies see sponsoring racers are primarily concerned with selling stuff to Americans. Reply Dallas is young and dumb. Yeah, we were all there once. But he is a mega-hothead that ckearly doesn\u2019t know when to turn it off and STFU. Regarding the title of this article \u2026 Dallas has now made himself the villian. And he has become the sabateur of his future. Reply think the commentator said it best, \u201cThese dogs need all the drugs they can get\u201d. Reply We all know what an authority the \u201cFederal Controlled Substances Act\u201d is by just looking at how it treats marijuana. Reply Dallas says the Iditarod has a \u201cpersonal vendetta\u201d against him. Dallas says the Iditarod got Dr. Craig to conspire against him. Therefore, it would be truly insane for Dallas to sign up for future Iditarods. Other Mushers Beware: When the Iditarod framed Dallas, you know they wouldn\u2019t hesitate to do it to you, too. Do you want your name and reputation tarnished? Reply 2/17/25, 12:47 Saboteurs and villains \u2013 Craig Medred 13/13"} |
8,447 | Jason Cao | University of Minnesota | [
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] | {"8447_101.pdf": "Hailee Schievelbein Following the return of two disciplined professors, students Daily Email Edition Get Daily delivered to your inbox Monday through Friday Latest Stories About Us Daily Archive Advertise Jobs Alumni advocate for policy changes Student leaders in the University of Minnesota\u2019s Humphrey School of Public Affairs are asking for policy changes after two professors, who were disciplined by the University following allegations of sexual harassment, returned to teach this fall. by Tiffany Bui and Dylan Anderson Published September 26, 2019 This is part two of a two part story. Some students are demanding policy changes at the University of Minnesota\u2019s Humphrey School of Public Affairs following the return this fall of two tenured professors who were suspended. In fall 2018, Humphrey administration was aware of separate completed University investigations which found Jason Cao and James Ron \u201cmore likely than not\u201d violated University sexual harassment policy. The school informed students of the allegations and the discipline around the beginning of the 2019 fall semester. Currently, the professors are prohibited for two years from advising certain Humphrey students as part of their discipline. Some students are questioning why administration delayed addressing these incidents with the Humphrey community. Student leaders are also speaking to a larger issue of sexual harassment in academia and calling for concrete policy changes to protect students. Humphrey Dean Laura Bloomberg acknowledged that timing the announcement was difficult, but stands by her decision not to share information about the Sen. Tina Smith will not run for U.S. Senate in 2026 Published February 13, 2025 researchers, state senators speak out against funding cuts Published February 13, 2025 \u2018Institute of Hearts\u2019 celebrates art with hearts Published February 13, 2025 allegations earlier in the year. Bloomberg said she prioritized the interests of students directly involved, and felt the discussion should take place in person. \u201cThis is not a conversation to have via email,\u201d Bloomberg said. \u201cIt\u2019s just too nuanced, there\u2019s too many questions. There\u2019s too many things that we want to have a face-to-face, eyeball-to-eyeball conversation about.\u201d Bloomberg said she wants to create an environment at Humphrey where students feel supported, and where they can feel comfortable coming to administration with concerns. Humphrey leadership addressed allegations and discipline against the professors in a series of public forums around the beginning of the fall semester \u2014 how the majority of Humphrey students have come to know about this. Forty students held a follow-up meeting after the public forums. Stephanie Hallgren, president of the Public Affairs Student Association, which represents the Humphrey student body, said while she believes the school did more than it had to when it disciplined tenured professors, how it informed students needed to be more transparent. \u201cAt the end of the day, a school is there for students. It\u2019s not there for its faculty, it\u2019s not there to protect the people that are working there. It\u2019s to protect the students and to become a safe place of learning, especially at a policy school,\u201d Hallgren said. Students advocate for more transparency Before Humphrey administration began holding public forums about the allegations, many students of the tight-knit school said they heard about the professor\u2019s supposed conduct from each other. Katie Burke was selected by other Master of Human Rights students to lead conversations with administration about complaints of sexual harassment against Ron, who was a co-director in her program at the time. Burke and other human rights students mobilized early spring semester and reached out to administration for a meeting in April. Burke said she did not know about allegations against Cao until a few weeks before the beginning of fall semester, despite having conversations with faculty about similar accusations against Ron. Students were told about the disciplinary actions at different times, depending on their year and program within Humphrey. \u201cIt really upsets me that it\u2019s taken so long for both sets of students to be able to have all the full and accurate information,\u201d Burke said. For incoming students, a forum took place during orientation. For others, it was late in the first week of the semester when they were informed, after they may have attended Ron or Cao\u2019s classes. Bloomberg said that by the end of the first week of school, all Humphrey students had been notified. \u201cThere are people who are grateful that they had a year and they had a spring semester where this wasn\u2019t a topic that just sort of hung over them the entire time. And then we have incoming students where we really have no way of having this conversation until they get here,\u201d Bloomberg said. \u201cSo is it great timing? No. Would do it differently? In hindsight think that there are things that will learn in this process.\u201d Alex Johnson, a second-year student leader in the Master of Urban and Regional Planning program, said he took a class with Cao last fall don\u2019t feel like that\u2019s a super controversial thing for admin at a University to say that student safety and students are important, and we want them to feel safe in environments where they\u2019re learning things,\u201d Johnson said. Bloomberg said steps have been taken so students can reasonably feel safe in the learning environment. \u201cWe can talk about what we want to do to create the best possible learning environment where people reasonable can feel as if their safety is a priority, and their well-being is a priority. But you can look at the news and not realize that we can\u2019t control for everything,\u201d Bloomberg said. Bloomberg has required Ron and Cao to regularly meet with faculty mentors to discuss progress on their professional development plans. Hallgren, president of the Public Affairs Student Association, said schools must inform students earlier in these situations so they can participate in addressing alleged sexual harassment. \u201cThis is our future. These are our mentors \u2026 who we\u2019re learning from and who we\u2019re inspired by,\u201d Hallgren said think that in order to move forward, the University of Minnesota as a whole needs to change the way that they look at sexual misconduct with tenured professors.\u201d Time for a culture shift Some students are pushing Humphrey administration to enact long-term policy changes think that students are upset and they\u2019re angry. They don\u2019t think the dean\u2019s response to what has happened is enough,\u201d Burke said. \u201cThey feel that she\u2019s kind of pushing this issue in the long grass and committing to having conversations but not taking any real action on policy change to stop this happening again.\u201d Burke said one of the students\u2019 main concerns is changing tenure code. Bloomberg said while there are special protections that come with tenure, she does not know if tenure affected how Ron and Cao were disciplined. Bloomberg never considered termination in these cases, and guidance documents from the University did not either, she said. Instead, she said the conversation should be about creating a culture shift at the school. \u201cWe need to have a culture where people can say this happened, and this is not right,\u201d Bloomberg said. \u201cWe have to have a culture where somebody reasonably will hear that and say, \u2018a believe you and b will be an ally to you in doing something about this.\u2019\u201d About one third of female graduate students surveyed experienced harassment at the hands of faculty or staff \u2014 an update to previous research with similar findings \u2014 according to a 2016 article in Psychology of Women Quarterly, a peer-reviewed journal. Jennifer Freyd, an author of the study and psychology professor at the University of Oregon, said she believes there are two reasons why sexual harassment by faculty is more prevalent for female graduate students: opportunity and an unbalanced power dynamic. \u201cFor undergraduates, if they have a professor that is bugging them, they don\u2019t have to keep taking classes with that professor,\u201d Freyd said. \u201cGraduate students can be really in a bind where the person who\u2019s treating them in this problematic way is somebody they\u2019re pretty dependent upon.\u201d Liv Reyes, a student leader on the Humphrey\u2019s Gender, Sex and Policy Event Committee, said she is curious to see what administration will do once the professors\u2019 disciplines are lifted. \u201cMoving forward, will students be constantly notified that these two faculty members exist? Once graduate, my cohort graduates and then the year below us now, in theory, this information could die with us,\u201d Reyes said. Leave a Comment More in City Sen. Tina Smith will not run for U.S. Senate in 2026 researchers, state senators speak out against funding cuts City Council awards Minnesota Indian Women's Center $100,000 Minnesota House DFL, Republicans reach agreement ending boycott Minneapolis picks new Poet Laureate Insulin costs capped at $35 per month in Minnesota \uf39e \uf16d \ue61b \uf0e1 \uf09e 2221 University Ave 450 Minneapolis 55414 (612) 435-5657 Sections About the Daily Policies & Procedures The Minnesota Daily \u2022 \u00a9 2025 The Minnesota Daily \u2022 Privacy Policy Pro WordPress Theme by \u2022 Log in News Administrati\u2026 Activities Opinion Arts & Enter\u2026 Sports Multimedia Daily Arc\u2026 About Us Contact Us Content Div\u2026 Send Us N\u2026 Donate Advertise Sponsored C\u2026 Corrections Terms And Co\u2026 News & Ethics \u2026 Privacy Policy Freelance Policy Online Comme\u2026 Board Of Direc\u2026 Letters To The \u2026 Content Remo\u2026", "8447_102.pdf": "(/) Upcoming Event (/SUBSCRIBE) Home(/) > All News(Https://Minnlawyer.Com/Category/Legal-News/) > Regents settle Humphrey School prof\u2019s harassment case Under a settlement with the state Department of Human Rights, the Humphrey School of Public Affairs will be required to take action to prevent sexual harassment. (Photo: Tony Webster/Flickr) Regents settle Humphrey School prof\u2019s harassment case Laura Brown ( // December 27, 2021 // 4 Minute Read ents-settle-humphrey-school- 021/12/Harassment-Humphrey- 0prof\u2019s%20harassment%20case) (mailto:?subject=Regents settle Humphrey School prof\u2019s harassment case&body=On Dec. 17, 2021, the Minnesota Department of Human Rights announced a settlement with the University of Minnesota Board of Regents. The settlement stems from a 2018 investigation into Humphrey... You can read the content in details following link https%3A%2F%2Fminnlawyer.com%2F2021%2F12%2F27%2Fregents- settle-humphrey-school-profs-harassment-case%2F) Listen to this article On Dec. 17, 2021, the Minnesota Department of Human Rights announced a settlement with the University of Minnesota Board of Regents. The settlement stems from a 2018 investigation into Humphrey School of Public Affairs professor James Ron. As a result of that investigation found that Ron used his position of power to sexually harass a graduate student. It determined that Ron\u2019s conduct violated the Minnesota Human Rights Act. \u201cWhat should have been a safe and sacred relationship between a professor and a student instead became an unsafe and abusive space. Sexual harassment must stop. Students deserve better,\u201d said Rebecca Lucero, the Minnesota Department of Human Rights commissioner. Ron was a tenured human rights professor at University of Minnesota\u2019s Hubert H. Humphrey School of Public Affairs. He began sexually harassing a graduate student that he had extreme influence over, according to the department. The graduate student was in his classes, but she also reported directly to him because she served as his research assistant. In a press release, the Minnesota wrote of Ron: \u201cHe had influence over her grades, employment, and reputation within the school. The professor was also a gatekeeper to her career after graduate school.\u201d 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/) - Breaking the Ice: Attorney hopes oth join pro bono effort Morgan Richie says working as an immigration proj attorney with Volunteer Lawyers Network reminds[. ( the-ice-attorney-hopes-others-join-pro-bon effort/) 2/17/25, 12:48 Regents settle Humphrey School prof\u2019s harassment case 1/5 According to the Minnesota DHR, Ron made numerous sexual comments in front of the graduate student, talking to the student about sexual relations he had with other women, including a women he had met online. Ron talked to the student about how difficult it was for him to have sex with a woman who was not his wife. He also described to the student how his ideal sexual partners would be younger women. Ron commented on the student\u2019s attractiveness in front of her classmates. Finally, Ron asked the graduate student if he could be her boyfriend and extended an offer for her to move into his home and rent from him while he was going through a divorce. The university conducted an investigation into the student\u2019s allegations, which substantiated the harassment allegation. In late 2018, Humphrey School Dean Laura Bloomberg gave Ron a letter of discipline, which outlined that Ron created a hostile work environment by engaging in unwelcome sexual conduct. Ron accepted an unpaid five-month suspension. Additionally, he was prohibited from advising students or supervising Humphrey School student research assistants or teaching assistants for two years. However, Ron was back on campus for fall semester of 2019. Some students alleged that they were not told that Ron would be back until after classes had begun. The Gender, Sex & Policy Events Committee, student organization at Humphrey, said in a statement at the time that they were \u201cdisturbed\u201d by Ron\u2019s return. Pressure began to mount in fall 2019, when administrators emailed students about the sexual harassment discipline. Media extensively covered the allegations against Ron and another professor, Jason Cao, who made jokes of a sexual nature including that a student be \u201csubmissive\u201d to him. Cao also invited a student to work at his home and required a student to sit next to him while he did his work. Cao received an eight-month suspension and was prohibited from individually advising students for two years, and he could only advise master students in public areas or with an office door open. However, Cao is still employed with the school. Since Sept. 1, 2019, three complaints involving Ron were filed with the university. The university investigated Ron again, finding him to not be responsible this time. In spring of 2020, Ron was employed and performing faculty duties but not teaching any classes. Ron resigned effective July 1, 2020. He received nearly $200,000 from the University of Minnesota. Ron received $86,198.40 in severance pay, as well as $28,107.36 for health insurance premiums. Additionally, Ron\u2019s attorneys received $80,685 from the University. Students were informed via email of Ron\u2019s resignation in mid-July 2020. There was no explanation offered for Ron\u2019s departure. Dean Bloomberg wrote: \u201cJim is an accomplished scholar. During his nine years of service to the School he has contributed substantially to the growth and development of our global policy teaching and research agenda wish Jim well in his future endeavors.\u201d As part of the settlement, the graduate student will be paid $75,000. She will be able to complete her degree tuition-free. The student left the school after reporting the sexual harassment charge without being able to finish her degree. Additionally, the Humphrey School of Public Affairs will be required to take action to prevent sexual harassment. This includes sending quarterly communications to students and faculty reminding them that they are responsible for reporting sexual harassment, and communications to faculty reminding them that they must refrain from committing sexual harassment. The school will also be required to distribute the sexual harassment policy, resources, and reporting information to all students at the beginning of each academic year. Finally, the school must provide, to both faculty and students, harassment and bystander training which demonstrates how to recognize inappropriate behavior such as sexual harassment and sexual grooming and how to report it. The will be monitoring the school for four years to ensure compliance. Lucero avows, \u201cSchools should be places where students go to learn more about the world and what kind of person they\u2019re going to be. They cannot be places where professors sexually harass students.\u201d ( 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 2/17/25, 12:48 Regents settle Humphrey School prof\u2019s harassment case 2/5 In a press release, the Minnesota wrote, \u201cThis is the third sexual harassment case announced this week, further demonstrating that sexual harassment is pervasive and persistent.\u201d Related Content The Ramsey County Attorney\u2019s Office has announced that a Stillwater building contractor has pleaded guilty i[...] February 14, 2025 ( tax-fraud-guilty-plea/) Stillwater building contractor pleads guilty in tax fraud case Attorneys general from 14 states challenged the authority of billionaire Elon Musk and his Department of Gover[...] February 14, 2025 ( ags-in-challenging-musk/) Ellison joins other AGs in challenging Musk Steven Avery is asking the Wisconsin Supreme Court to review the denial of his latest appeal. 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All rights reserved. Use of this website is subject to its Terms of Use ( | Privacy Policy ( | Your California Privacy Rights/Privacy Policy ( | Do Not Sell My Info/Cookie Policy ( 2/17/25, 12:48 Regents settle Humphrey School prof\u2019s harassment case 5/5", "8447_103.pdf": "By By | | jverges@pioneerpress.com jverges@pioneerpress.com | Pioneer Press | Pioneer Press UPDATED: UPDATED: February 5, 2021 at 6:05 February 5, 2021 at 6:05 The University of Minnesota gave a professor nearly $200,000 when he The University of Minnesota gave a professor nearly $200,000 when he resigned last year following an unpaid suspension for sexually harassing a resigned last year following an unpaid suspension for sexually harassing a graduate student. graduate student. James Ron, a tenured human rights professor in the Humphrey School of James Ron, a tenured human rights professor in the Humphrey School of Public Affairs, accepted a five-month suspension in 2019 after a university Public Affairs, accepted a five-month suspension in 2019 after a university investigation substantiated the harassment allegation. investigation substantiated the harassment allegation. The matter became public when Ron returned to work that fall and The matter became public when Ron returned to work that fall and Humphrey School administrators sent an email to students about Ron and Humphrey School administrators sent an email to students about Ron and another faculty member, Jason Cao, who also had been disciplined for sexual another faculty member, Jason Cao, who also had been disciplined for sexual harassment. harassment After sexual harassment After sexual harassment suspension paid professor suspension paid professor nearly $200,000 to quit nearly $200,000 to quit 2/17/25, 12:48 After sexual harassment suspension paid professor nearly $200,000 to quit \u2013 Twin Cities 1/3 Originally Published: Originally Published: February 5, 2021 at 12:00 February 5, 2021 at 12:00 Following media coverage of the two professors\u2019 punishments, the received Following media coverage of the two professors\u2019 punishments, the received additional harassment complaints about Ron, according to a settlement additional harassment complaints about Ron, according to a settlement agreement. The investigated again but this time found him \u201cnot agreement. The investigated again but this time found him \u201cnot responsible.\u201d responsible.\u201d \u201cNonetheless, the controversy and concerns arising from the matter have \u201cNonetheless, the controversy and concerns arising from the matter have made it difficult for (Ron) to continue to effectively perform (his) University made it difficult for (Ron) to continue to effectively perform (his) University duties, and for the Humphrey School to move forward in pursuing its duties, and for the Humphrey School to move forward in pursuing its mission,\u201d the settlement agreement reads, in part. mission,\u201d the settlement agreement reads, in part. \u201cThe parties agree that it is in their best interests for (Ron) to leave the \u201cThe parties agree that it is in their best interests for (Ron) to leave the University,\u201d the agreement continued. University,\u201d the agreement continued. Under terms of the agreement, the paid Ron $86,198.40 in severance pay, Under terms of the agreement, the paid Ron $86,198.40 in severance pay, plus another $28,107.36 to cover 18 months of health insurance premiums. plus another $28,107.36 to cover 18 months of health insurance premiums. The also paid $80,685 to Ron\u2019s attorneys. The also paid $80,685 to Ron\u2019s attorneys. The agreement also laid out how the would communicate Ron\u2019s separation The agreement also laid out how the would communicate Ron\u2019s separation from the U. There would be an email to Humphrey School students, faculty from the U. There would be an email to Humphrey School students, faculty and staff, but the statement would not be published on any university and staff, but the statement would not be published on any university website. website. That email included a statement from Dean Laura Bloomberg that described That email included a statement from Dean Laura Bloomberg that described Ron as \u201can accomplished scholar\u201d who \u201chas contributed substantially to the Ron as \u201can accomplished scholar\u201d who \u201chas contributed substantially to the growth and development of our global policy teaching and research agenda.\u201d growth and development of our global policy teaching and research agenda.\u201d The Pioneer Press obtained the settlement agreement, as well as Ron\u2019s The Pioneer Press obtained the settlement agreement, as well as Ron\u2019s discipline letter, from the through public records requests. discipline letter, from the through public records requests. Ron\u2019s suspension concerned a graduate student he was advising. Ron\u2019s suspension concerned a graduate student he was advising. The found Ron created a hostile environment for the woman by sharing The found Ron created a hostile environment for the woman by sharing details of his divorce and sex life, discussing the age range for his ideal dating details of his divorce and sex life, discussing the age range for his ideal dating partner and indicating he planned to ask her on a date. partner and indicating he planned to ask her on a date. Ron\u2019s behavior hurt the woman\u2019s career prospects, the found. Ron\u2019s behavior hurt the woman\u2019s career prospects, the found. The also released a 2019 letter from Ron\u2019s attorney asserting that Ron and The also released a 2019 letter from Ron\u2019s attorney asserting that Ron and the graduate student were \u201cfriends\u201d and that \u201ceach discussed romantic the graduate student were \u201cfriends\u201d and that \u201ceach discussed romantic issues.\u201d Ron negotiated the five-month unpaid suspension rather than issues.\u201d Ron negotiated the five-month unpaid suspension rather than appealing his discipline in order to avoid \u201ca great deal of attorneys\u2019 fees,\u201d it appealing his discipline in order to avoid \u201ca great deal of attorneys\u2019 fees,\u201d it said. said. 2/17/25, 12:48 After sexual harassment suspension paid professor nearly $200,000 to quit \u2013 Twin Cities 2/3 2021 2021 \ue907 \ue907February February \ue907 \ue90755 2/17/25, 12:48 After sexual harassment suspension paid professor nearly $200,000 to quit \u2013 Twin Cities 3/3", "8447_104.pdf": "Mitchell Hamline School of Law Mitchell Hamline School of Law Mitchell Hamline Open Access Mitchell Hamline Open Access Faculty Scholarship 2021 Sexual Harassment in a University Setting: Searching for Justice Sexual Harassment in a University Setting: Searching for Justice and Compassion in an Unjust and Indifferent World and Compassion in an Unjust and Indifferent World Marie Failinger Follow this and additional works at: Part of the Law and Gender Commons, and the Legal Remedies Commons Publication Information 90 Studia Iuridica 136 (2021) This Article is brought to you for free and open access by Mitchell Hamline Open Access. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Mitchell Hamline Open Access. For more information, please contact sean.felhofer@mitchellhamline.edu. Sexual Harassment in a University Setting: Searching for Justice and Sexual Harassment in a University Setting: Searching for Justice and Compassion in an Unjust and Indifferent World Compassion in an Unjust and Indifferent World Abstract Abstract The article deals with the question concerning legal responses to sexual harassment \u2013 whether those responses should be relentless in punishing and stigmatizing perpetrators and banishing them from positions where they can offend further, or whether there should be room for rehabilitating or even forgiving at least those offenders whose abusive behavior is not violent or serial. On the one hand, the importance of achieving justice and equality for women is critical. On the other hand, one may recognize the possibility of repentance and restoration of both victim and offender to society. The modern restorative justice movement, informed by Christian theology, suggests that alternative dispute resolution mechanisms should not only ensure that victims receive appropriate restoration for the harm they have suffered, but also try to restore perpetrators who accept responsibility for their offenses back into the community. It seems that practiced in the right cases, restorative justice may turn the disempowerment and fearful, sometimes guilty in-turning that victims may experience in adjudicative processes, into a freedom of giving beyond justice, and they may move the self-justificatory shame of a perpetrator into true repentance and reparatory action. At least, restorative justice may push them toward a relational dynamic that is healthier for both whether they must necessarily encounter each other in the future or free themselves from the hurt of the past. Keywords Keywords Sexual harassment, #MeToo movement, Restorative justice, Feminism, Christian feminism Disciplines Disciplines Law and Gender | Legal Remedies Studia Iuridica 90 0137-4346; e 2544-3135 Creative Commons: Uznanie Autorstwa BY) 3.0 Polska DOI: Marie A. Failinger Mitchell Hamline School of Law, St. Paul e-mail: marie.failinger@mitchellhamline.edu ORCID: 0000-0001-8874-6162 Abstract The article deals with the question concerning legal responses to sexual harassment \u2013 whether those responses should be relentless in punishing and stigmatizing perpetrators and banishing them from positions where they can offend further, or whether there should be room for rehabilitating or even forgiving at least those offenders whose abusive behavior is not violent or serial. On the one hand, the importance of achieving justice and equality for women is critical. On the other hand, one may recognize the possibility of repentance and restoration of both victim and offender to society. The modern restorative justice movement, informed by Christian theology, suggests that alternative dispute resolution mechanisms should not only ensure that victims receive appropriate restoration for the harm they have suffered, but also try to restore perpetrators who accept responsibility for their offenses back into the community. It seems that practiced in the right cases, restorative justice may turn the disempowerment and fearful, sometimes guilty in-turning that victims may experience in adjudicative processes, into a freedom of giving beyond justice, and they may move the self-justificatory shame of a perpetrator into true repentance and reparatory action. At least, restorative justice may push them toward a relational dynamic that is healthier for both whether they must necessarily encounter each other in the future or free themselves from the hurt of the past SETTING... 137 sexual harassment, #Me Too movement, restorative justice, feminism, Christian feminism S\u0141OWA molestowanie seksualne, ruch #Ja te\u017c, sprawiedliwo\u015b\u0107 naprawcza, feminizm, chrze\u015bcija\u0144ski feminizm The United States is undergoing a widespread national conversation about sexual harassment and assault against women by employers, professors, and peers in work and school. Frequently publicized incidents of sexual harassment or assault perpetrated by presidential candidate Donald Trump, media mogul Har- vey Weinstein, and prominent men in almost every field from television news to cooking have resulted in national prominence for the \u201c#MeToo\u201d and \u201cTime\u2019s Up\u201d movements in the United States. The #Me Too movement, founded by feminist activist Tarana Burke1, sheds light on the pervasiveness of sexual harassment and assault in the U.S. by encouraging victim-survivors to speak out against their abusers so they are not silenced or disempowered. It has also resulted in a string of resignations and firings, from the United States Senate to national television news to Hollywood, and stigmatization of those who are accused. Public stories of sexual harassment can be haunting young college student, Natalie Brady, recounts how her university vocal program director \u201cgroomed\u201d her by offering her private lessons, giving her work at his family\u2019s church, describ- ing how sexy and beautiful she was, and confiding in her, while criticizing new boyfriends. The first lingering hugs and forehead kisses became \u201caccidental\u201d grazes of his arm over her breast. Ultimately, when she asked him for a favor, he responded: \u201cFor that to happen, you\u2019re going to have to give me a lot more than you do now\u201d. She later discovered that four other women had complained about the director with similar stories . 2 1 See E. Nicolaou, C.E. Smith #MeToo timeline to show how far we\u2019ve come \u2013 & how far we need to go, \u201cRefinery 29\u201d 21 October 2019, at 2, me-too-movement-history-timeline-year-weinstein (accessed 28.10.2019) (including a timeline of celebrities accused of sexual harassment or assault from 2017\u20132019). 2 See J. Pilcher, How sexual harassment starts on campus: One student\u2019s story, Cincinnati. com/The Enquirer 2 April 2018, available at dog/2018/04/02/how-sexual-harassment-starts-campus-one-students-story/452882002/ (accessed 31.10.2019). 138 Marie A. Failinger However, there has also been a backlash against efforts to call perpetrators to account for their behavior, particularly around how American universities should handle complaints of sexual assault or sexual harassment under Title IX, the federal law that prohibits discrimination on the basis of gender in federally funded programs. Organizations such as Families Advocating for Campus Equal- ity (FACE) have been formed to tell stories of male students falsely or unfairly accused of sexual assault and to demand change in the federal regulations gov- erning Title . 3 Under President Barack Obama, in 2011 and 2014, the federal government issued guidance that universities should use a preponderance standard of proof for finding sexual harassment and institute more victim-friendly procedures to ensure that women were believed when they came forward claiming harassment or abuse . In response, the alleged perpetrators\u2019 defense attorneys and others have argued that there should be more due process protections for men faced with accusations to ensure that only the truly guilty are stigmatized and punished by university expulsion or other sanctions. 4 They were successful in persuading President Donald Trump\u2019s Secretary of Education Betsy DeVos to rescind the Obama-era guidance in September 2017 . 5 During the Trump administration, the U.S. Department of Education was embroiled in controversy because of its plans to re-write Title regulations to make the university disciplinary sexual harassment process better resemble crim- inal trials. For example, the 2019 DeVos federal regulations required schools to presume alleged perpetrators were innocent, describe allegations to both parties specifically, and give both parties access to all evidence . They also pushed uni- versities in the direction of choosing a higher \u201cclear and convincing\u201d standard for proving misconduct instead of a \u201cpreponderance\u201d standard of proof by requiring them to use the higher standard unless they use the preponderance standard for all cases of misconduct university-wide. Perhaps most troubling to victim advocates, the standards require universities to hold a live hearing at which the victim and other witnesses can be cross-examined . On the other hand, the regulations clar- ify for the first time that mediation or other informal dispute resolution processes 7 6 3 See Families advocating for campus equality, (ac- cessed 1.11.2019). 4 C. Jackson, Acting assistant secretary for civil rights, Dear Colleague Letter, 22 September 2017, (accessed 5.12.2019). 5 Ibidem. 6 S. Brown, K. Mangan, What you need to know about the proposed Title regulations, \u201cThe Chronicle of Higher Education\u201d 16 November 2018, What-You-Need-to-Know-About/245118 (accessed 27.11.2019). 7 Ibidem SETTING... 139 are permissible . Some of these regulations were invalidated by a federal judge, and the Biden administration held a week-long series of hearings in summer 2021 with the objective of overturning the Trump-era rules . 9 8 Some institutions of higher education have gone in a different direction than the federal government\u2019s push toward more criminal-like procedures. In October 2019 the University of Minnesota, the flagship university in the state of Min- nesota, created a local firestorm of controversy by agreeing to allow two male professors who were disciplined for sexual harassment to return to the classroom after they went through a period of \u201crehabilitation\u201d. Both had been found to have crossed the line into inappropriate behavior with students: after he had already received a \u201ctalking-to\u201d by university administrators about crossing the profes- sional/personal line with a graduate research assistant, Professor James Ron was found to have violated the university\u2019s sexual harassment policy by telling that assistant that if she were single, he would ask her out. Professor Jason Cao was sanctioned for sexual humor and inviting a student to meet him at his home in the evening . 10 The question that the University of Minnesota case raises for feminists who are also religious, particularly Christians, is whether legal responses to sexual harassment should be relentless in punishing and stigmatizing perpetrators and banishing them from positions where they can offend further, or whether there should be room for rehabilitating or even forgiving at least those offenders whose abusive behavior is not violent or serial. On the one hand, the importance of achieving justice and equality for women is critical in these cases. It has taken literally centuries of reform for legal institu- tions to acknowledge and act on the complaints of victims that they have endured some form of sexual harassment or violence. For example, it took tremendous efforts by feminists and others to get states in the U.S. to reform the law of rape, which traditionally put the burden on victims to prove that they were innocent and not consenting by requiring them to put up physical resistance . Moreover, most states employed procedural rules that effectively assumed that women were 11 10 M. Koumpilova, School officials walk fine line as they let disciplined professors return to classroom, \u201cStar Tribune\u201d 20 October 2019, A1, A10, ta-campuses-look-to-rehabilitation-for-sanctioned-faculty/563461072/ (accessed 4.12.2019). 11 S. Estrich, Rape, \u201cYale Law Journal 1986, Vol. 95, pp. 1087, 1094\u2013955, 1107\u201308. 140 Marie A. Failinger lying about being raped . If educational institutions and employers can institute practices that restore harassers to their positions of power where they can con- tinue perpetrating, or require victims to be retraumatized by putting them alone in a room with their offenders to settle their disputes, there is a significant danger that society will backslide into the past, when women were not believed and their injuries were not taken seriously. 12 On the other hand, Christian theology recognizes the possibility of repent- ance and restoration of both victim and offender to society. The modern restora- tive justice movement, informed by this theology, suggests that alternative dispute resolution mechanisms should not only ensure that victims receive appropriate restoration for the harm they have suffered, but also try to restore perpetrators who accept responsibility for their offenses back into the community. Given these conflicting values, how should a Christian feminist evaluate an institutional system that permits a sexual harasser, in some circumstances, to be \u201crehabilitated\u201d and returned to the position from which he harassed women? Resolving this dilemma requires that Christian feminists define the values that should govern legal attempts to arrive at a just solution to cases of sexual harassment. From (mostly secular) legal feminism, they would borrow the val- ues of inclusivity and embrace of difference, the importance of contextual \u201con the ground\u201d inquiry in the making and enforcement of law, and the critical impor- tance of relationality in defining and enforcing ethical and jurisprudential deci- sions affecting both victims and perpetrators of civil wrongs . Much feminist theory starts with the understanding that human beings, by their nature, are con- nected to others , although those connections can be fruitful and life-affirm- ing, or destructive of human personality, such as when women are subordinated because of their gender. Feminists focus on the importance of moving society toward relationships of equality between men and women. 14 13 Christian feminist lawyers (and perhaps those of other religious traditions) would probably add some other values to this list of basic values that the law must fulfill: one is the importance of radical honesty and humility, the recognition that individuals do deceive themselves and others about their behavior and its conse- quences, and that it is often difficult for fallible human beings to determine what 12 Ibidem, p. 1094 (noting that rules such as the corroboration requirement, the fresh com- plaint rule, jury instructions that were \u201ccautionary\u201d and evidentiary rules about the victim\u2019s prior sexual conduct \u201cplaced the victim as much on trial as the defendant\u201d). 13 See C. Preston, Deconstructing equality in religion, (in:) M.A. Failinger, E.R. Schiltz, S.J. Stabile (eds.), Feminism, law, and religion, New York 2014, p. 27 (describing feminist values as inclusion, self-definition, perspective and empowerment); N. Levit, R.R.M. Verchick, Feminist legal theory primer, New York 2006, p. 45 (noting feminist legal theory values including con- sciousness raising, unmasking patriarchy, and contextual reasoning). 14 See M. Chamallas, Introduction to feminist legal theory, Aspen Publishers 2003, pp. 58\u201359 (describing Professor\u2019s Robin West\u2019s argument that feminist theory has an emphasis on attach- ment, responsibility to others, empathy and relationships SETTING... 141 \u201cthe truth\u201d is, given this complex brew of action, conscious intention and uncon- scious self-justification. Moreover, Christian feminists would stress the impor- tance not only of justice, but also of compassion and generosity toward others. In keeping with these Christian values, the foundation for resolving the prob- lem of sexual harassment and abuse is radical honesty about the fact that gender inequality is deeply embedded in the social construction of reality. Even in social and legal cultures emphasizing gender equality, those who care for male children see them imprinted from very young ages with the notion that males are socially more valued and that they are entitled to whatever they choose to take for them- selves. By contrast, both men and women receive messages that women need not be seen or heard, and their role in life is to serve others\u2019 needs and desires and stoically accept the burden of unfairness or misfortunes that come their way. One sees, as just one example of this, the way in which females often are blamed, and blame themselves, when things go wrong in their relationships, while males often blame their partners or others. While it must be acknowledged that this social construction is not true of many relationships and is starting to break down in cultures where men and women share child care, housework, and breadwinner duties, these social patterns are hard to remediate. These dynamics are only some of the ways in which people of different genders are both treated in, and respond to, crises and conflicts that come before the law. Given this circumstance, any legal sexual harassment or sexual abuse regime will not be effective unless it recognizes and attempts to compensate for the ways in which many, if not most, men and women respond differently to such conflict- ual encounters. The common law of rape, reflecting the view that sexual assault was often women\u2019s fault and that women had reasons for lying about consent, reflects this male perspective that others are to blame for any wrong that occurs and women\u2019s passive acceptance of the idea that they are to blame if they have not done everything they could to prevent their violation. Relevant to the due process demands of men accused of sexual harassment on campus, the United States Supreme Court has consistently held in recent decades, while process is always warranted when government takes adverse action against a citizen, it is only process which is \u201cdue\u201d \u2013 i.e. \u201cdue process\u201d is a flexible meas- ure that balances the nature of the possible deprivation with the social interests the state is pursuing, plus the likelihood that extra procedural safeguards will get closer to the truth . 15 15 See, e.g. Mathews v. Eldridge, 424 U.S. 319, 335 (1976) (requiring balancing of \u201cthe pri- vate interest that will be affected by the official action; (\u2026) the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or sub- stitute procedural safeguards; and (\u2026) the Government\u2019s interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail\u201d). 142 Marie A. Failinger Secretary DeVos\u2019s attempt to install a criminal law-like regime into the dis- ciplinary process balances these interests in gendered ways. First, the process assumes that the harm to male college students from possible sanctions like stig- matization and expulsion is worse and more important than the harm to victims of being repeatedly sexually harassed and assaulted, or being retraumatized by having to live or work in close proximity with the man who harmed them in the past. Second, it is not clear that adding extra pro-accused process to discipli- nary adjudications adds much to the truth-seeking function. In criminal cases, many nations impose a very high standard of proof before a defendant can be convicted because the consequences of being wrong are drastic: citizens lose their lives and their freedom, in some cases for the rest of their lives, and they are forever marked with the stigma of a criminal conviction. Moreover, requiring the state to meet tough procedural standards before it can imprison an individual ensures that the state will not use the criminal process to imprison dissenters or punish the most vulnerable or most despised in society without very clear and strong social reasons. In non-criminal settings which adjudicate the rights of some individuals against others, these considerations are not present, and thus may not justify additional pro-accused safeguards that are less likely to ensure more accurate fact-finding. States\u2019 experience with rape law has demonstrated that victims may be less likely to come forward or more easily discouraged from pursuing charges even for egregious harms. Moreover, because the procedural thumb is placed on the scale of the accused rather than the accuser, criminal process may simply reinforce the power differential in a typical sexual harassment case. In addition, numerous critiques of adversarial approaches for sexual offenses document the re-harming that these processes can cause the victim. By focus- ing on the offender\u2019s wrongdoing rather than the victim\u2019s harm, these systems can rob victims of a role in the adjudicative process, including the opportunity to tell their story and respond to what has happened to them . Administrators of campus disciplinary systems reinforce the fact that adjudicative processes do not further victim healing from the trauma they have experienced, and even leave perpetrators with the sense that they have not been fully heard. According to these administrators, the investigative process \u201cdepersonalizes the information to such an extent that neither party sees their story in it, and most of the time neither party feels heard or vindicated\u201d, no matter who has won . Indeed, one noted that because of the need for respondents to defend themselves in an adver- sarial setting, \u201ccomplainants have to prove their side over and over again and get 17 16 16 K.M. Williamsen, \u201cThe exact opposite of what they need\u201d: Administrator reflections on sexu- al misconduct, the limitations of the student conduct response, and the possibilities of restorative jus- tice, University of Minnesota Dissertation, 2017, pp. 46\u201347, handle/11299/190564/Williamsen_umn_0130E_18323.pdf?sequence=1 (accessed 27.11.2019). 17 Ibidem, p. 131 SETTING... 143 angrier and angrier as the process moves along. Although a complainant may start the process just wanting the respondent to understand the harm caused, they end the process wanting harsher punishment\u201d . 18 The value of radical honesty embraced by Christian feminists is even impor- tant at the interpersonal level in these cases. As suggested, what is distinctive about modern feminist thought is its focus upon the fundamentally interpersonal nature of human existence, the fact that human beings are inseparably tied to each other and that reality is characterized not by individual isolation but by interper- sonal encounter. At the same time, especially the Protestant Christian tradition recognizes that every person is both good and evil, and in Luther\u2019s description, every person will try to justify his or her own behavior as right and deceive him/ herself about the situation in order to do so. In the case of sexual behavior, this means that virtually all interpersonal interactions, though both inevitable and part of what makes living rich and meaningful, will also be infected with some degree of sin, whether minimal or extreme. That sin may take the form of blind- ness to the other person\u2019s needs, indifference to his or her suffering, selfishness in preferring one\u2019s own desires or needs over the other, or attempts to create or preserve unhealthy or abusive power dynamics. This reality should drive two criteria for any legal procedures to respond to sexual harassment and abuse. One criterion is that investigators and deci- sion-makers must avoid the temptation to paint these situations as black and white unless indeed they virtually are, as in the case of rape or other violent sexual assault. Carleton College Professor Kaaren Williamson has documented the effects of contemporary casual sex, the so-called \u201chook-up culture\u201d on Amer- ican campuses which, in tandem with substance abuse patterns and the lack of explicit communication about sexual expectations, creates conditions ripe for misunderstanding and sexual assault . Recognizing this complexity means that sexual harassment cases are likely to be more justly and successfully resolved if investigators and adjudicators explore the nuances that have caused the behavior to occur, and describe as honestly as possible (and get the parties to describe as honestly as possible) what has occurred and why. That does not mean a relativist approach to the problem of sexual harassment \u2013 both legal guidelines and those who administer them should be as clear and precise as possible about behaviors that are unacceptable and will trigger investigations and sanctions. 19 The other requirement, given the reality of the human condition, is that every person in law-related interpersonal conflicts such as this one (including the inves- tigators and the adjudicators) needs to examine him- or herself about his or her own behavior, motivations, and ask whether he or she is minimizing the effect of his or her actions on the others involved. The way in which investigations 18 Ibidem, p. 132. 19 Ibidem, pp. 11\u201317. 144 Marie A. Failinger and adjudications are conducted may unwittingly reinforce the harmful power dynamics that led to the charges, or they may invert those dynamics so that the accused wields unfair power over the accuser. Or, ideally, they may encour- age honest introspection and an attempt to state the facts that is both candid and appropriately complex. Both incident examination and self-examination processes must take account of the social dynamics of gender, such as the fact that women may be more likely to blame themselves even when they are predominantly or completely innocent in these encounters, and men may be more likely to blame others even when they are quite guilty. While this generalization cannot and should not be blindly applied to every man and every woman in these cases, those who are investigating and adjudicating need to be aware of this social reality so they can identify and correct for it when they see it. Because \u201cblame the victim\u201d has been so much a part of this dynamic in the past, those who engage the parties must be especially careful that their attempt to call both parties to examine the complexity of the situation giving rise to harm is not taken as victim-blaming. However, without forcing this kind of reflection, victims may be led to focus on the desire for vindication or revenge that, ironically, does not advance their own healing and empowerment, or they may not reflect on how they can prevent revictimization in the future. And a pro- cess singularly focused on whether certain guidelines were or were not met may give perpetrators an excuse to paint themselves as victims of the adjudicatory system and to repeat the behavior when they have the opportunity process that respects this need for interrogation of the situation and engage- ment with the parties to get at an objectively honest, and subjectively candid, assessment of the relationship and occurrence of the past, is important. Crimi- nal-style due process is generally not helpful in the search for sometimes quite complicated truth that results from self-examination and sensitive investigation, because its goal is to shield the alleged perpetrator until it is clear beyond question that he committed specified acts which the criminal law punishes, and then \u201cgive him what he deserves\u201d, a retributive response. Mediation, which the DeVos\u2019s standards permit for the first time, may or may not be equally ineffective in engaging the parties in honest reflection about the harmful event, depending on the nature of the mediation process used. The proposed regulations do not specify what kind of informal processes may be uti- lized. Some interest-based mediation processes are simply focused on identifying short-term material interests and finding a compromise or acceptable alternative to solve the immediate problem without pushing the mediating parties to engage in serious consideration of what went wrong that brought them to this conflict. These kinds of processes are not likely to satisfy the victim that her harm has been acknowledged and her voice heard. By contrast to interest-based mediation, transformative mediation, intro- duced by Robert Baruch Bush and Joseph Folger in 2004, proposes a mediation SETTING... 145 practice that transforms the relationship with an adversary as well as with others in the participants\u2019 lives. Such a mediation process portends the possibility that Christian feminist recognition of the fundamental reality of relationality, and val- ues such as inclusivity, the embrace of difference, compassion and generosity may be practiced. Beyond empowering people to seek their own solutions, trans- formative mediation aims for \u201cmutual recognition \u2013 being willing and able to understand on another\u2019s position (\u2026). Individuals are able to listen to and respond to each other, increasing the potential for harmony and wholeness and renewed relationships\u201d . Transformative mediation recognizes the possibility that at least some sexual harassment incidents result not from intentionally malicious and evil efforts to create \u201cpower over\u201d relationships between harasser and victim but from breakdowns in verbal and non-verbal communication or socially reinforced expectations about what women owe men sexually . Transformative mediation may help each party to understand why the other person acted as he or she did, and \u201cwhat went wrong\u201d. Though understanding of the other\u2019s point of view does not by itself constitute justice, it may pave the way for a more nuanced consider- ation of options for achieving a just and healing result than formal adjudication, which depends on and often reinforces misperceptions by both parties of the oth- ers\u2019 motives and experiences. 21 20 Just as transformative mediation recognizes the nature of reality as funda- mentally interpersonal and tries to instantiate the feminist values of inclusion and diversity by accepting the otherness of the adversary, though not uncritically, so too does the restorative justice movement. As described by its lead theorist, the- ologian Howard Zehr, restorative justice recognizes that harms like those from crime result from a \u201cviolation of human relationships (\u2026) that affects our sense of trust, resulting in feelings of suspicion, of estrangement, sometimes of racism. [Such harm] is a violation of a person by another person (\u2026) [and] a violation of the just relationship that should exist between individuals (\u2026) [that] ripple[s] out, touching many others\u201d . Indeed, like feminist theory, restorative justice rec- ognizes that criminal or other harmful action may create a relationship, albeit a ruptured and damaged one, between complete strangers . Recognizing that both victim and perpetrator may be \u201cwounded\u201d, restorative justice aims at prac- tices that engage perpetrators (in the case of criminal violations) or contending parties (in the case of civil disputes) to reflect on their own behaviors with the help of members of the community. Restorative justice embraces a dual dynamic that 23 22 20 B.J. Redfern, Hope and reconciliation with grief, (in:) J.P.J. Dussich, J. Schellenberg (eds.), The promise of restorative justice: New approaches for criminal justice and beyond, London 2010, pp. 232\u2013234. 21 See K.M. Williamsen, op. cit., pp. 9\u201317. 22 H. Zehr, Changing lenses new focus for crime and justice, Herald Press 1990, pp. 181\u2013182. 23 Ibidem. 146 Marie A. Failinger respects the dual nature of human beings as good and sinful, as dishonest about their own behavior as well as capable of repenting for what they have done. On the one hand, restorative justice puts the victim\u2019s harm and the need to remedy it at the center of the process, unlike adjudicatory processes which put the offender\u2019s wrongdoing in the front and center. Restorative justice aims to find healing for the victim that \u201cdoes not imply that one can or should forget or min- imize the violation (\u2026) [but rather] implies a sense of recovery, a degree of clo- sure, [the ability to] feel like life makes some sense and that they are safe and in control\u201d . In this context, the restorative justice process does not cast the victim aside as just a witness to the wrongful act, but focuses on her restoration and tries to identify those things that the perpetrator can do to alleviate her suffering or make it as right as possible, given the harm already done. Restorative justice may also involve creatively identifying actions that the community can take to allow a sexual harassment victim to move on, such as changing her classes or her liv- ing arrangements, providing her with counseling or social support, teaching her how to respond in empowering ways to harassing behavior, and even changing the campus environment around her to prevent future traumatization. 24 Restorative justice also recognizes the brokenness of the offender. It aims to encourage a wrongdoer to accept in a deep way the consequences of his behavior through engagement with members of the community, not only (in some but not all cases) in the presence of the victim he has harmed but in the confrontation with others in the community whose lives have been affected by his actions, including members of the law enforcement and judicial communities. Restorative processes that offer the possibility of healing and closure to the victim may at the same time engender compassion and generosity from and to the perpetrator as well as to and from the victim. Compassion means to choose to participate, intellectually and emotionally, in the experience of others, particu- larly the suffering of others . It is to \u201crefuse to regard any suffering as a matter of indifference or any living being as a thing (\u2026), [it is] the opposite of cruelty, which rejoices in the suffering of others, and of egoism, which is indifferent to that suffering\u201d . 26 25 Compassion is necessarily concrete and specific, directing its care for the other to the specific humanity of one. It \u201crealizes this equality between the suffering person and the person next to him, who becomes his equal by sharing his suf- fering\u201d , thus accomplishing a key feminist goal in gender conflicts. Instead of giving the perpetrator an excuse to treat himself as the victim of an unjust and life-upending investigation, a restorative circle offers at least the possibility of get- 27 24 Ibidem, p. 186. 25 A. Comte-Sponville small treatise on the great virtues: The uses of philosophy in every- day life, C. Temerson (transl.), Metropolitan Books 2001, p. 105. 26 Ibidem, p. 106. 27 Ibidem, p. 115 SETTING... 147 ting the offender to see the deep hurt that his behavior, whether witting or not, has caused his victim, and to move toward compassion for the suffering he sees. In a circle that includes other women, perhaps other victims, as well as actors in the system who have seen numerous such cases, the perpetrator who is willing to learn may come to understand in a deeper way why behavior he thought was wel- come or justified was instead presumptuous, demeaning, terrifying, or painful to his victim. Not all perpetrators will be willing to lay down their self-justifying arguments or their insistent denials of what happened, but some will. At the same time, restorative justice is prepared, if a perpetrator\u2019s eyes are opened, and he is honest and remorseful and willing to address the consequences of his action, to return that compassion, to surround him not as a social outcast or beyond redemption. To be compassionate in the Christian tradition is not only to see and at least superficially experience things from the point of view of the other, but to acknowledge the common humanity of all in these controversies, to marry accountability with respect. Moreover, with a radically honest and compassionate dialogue within a com- munity committed to having it in these circumstances, it is possible for the Chris- tian virtue of generosity to be practiced. As Spinoza described it, justice is to give every person his or her due; generosity is giving the other what is not his due, but what is yours, not owed to him, but given freely of yourself . It is a choice to free oneself from one\u2019s own self-preoccupation. \u201c[G]enerosity invites us to give in the absence of love to the very people we do not love and to give them more the more they need it or the better equipped we are to help them\u201d. 28 In the United States, there has been a national expression of astonishment at recent incidents in which victim-survivors expressed generosity toward the per- petrators of very serious crimes daughter of one of the nine African American worshippers killed by white supremacist Dylann Roof at the Emanuel African Methodist Episcopal Church in 2015 exemplified this generosity, this giving beyond what justice would demand, when she said to Roof: \u201cYou took something very precious from me will never talk to her again will never, ever hold her again. But forgive you. And have mercy on your soul\u201d . More recently, trial watchers were surprised when white police officer Amber Guyger was embraced and forgiven by the brother of an African American man whom she killed in his apartment, mistaking him for an intruder when she went into his apartment rather 29 28 Ibidem, p. 86. Comte-Sponville argues that \u201cgenerosity is more subjective, more individu- al, more affective and more spontaneous, while justice (\u2026) is always somewhat more objective, more universal, more intellectual and more considered\u201d. Ibidem, p. 157. 29 M. Berman forgive you.\u2019 Relatives of Charleston church shooting victims address Dylann Roof, \u201cWashington Post\u201d 19 June 2015, tion/wp/2015/06/19/i-forgive-you-relatives-of-charleston-church-victims-address-dylann-roof/ (accessed 1.11.2019). 148 Marie A. Failinger than her own apartment upstairs . While these are certainly uncommon outlier exhibits of generosity, they illustrate the ways in which generosity paradoxically frees the giver from the self as much as it speaks to the need of the recipient. 30 Research on campus sexual harassment processes by Williamsen and her colleagues suggests that restorative approaches offer precisely what victims, in particular, need from university sexual harassment processes. Drawing on the restorative justice work of her collaborator Mary Koss, Williamsen notes that victims express the need for input into key decisions during the process, which requires them to be continually informed about what is happening and receive quick responses to their queries; to be able to tell their story without being inter- rupted and cross-examined; to be validated by those in the system, to feel safe during the process, and to help shape a remedy that meets their emotional, as well as their material, needs . 31 As Williamsen\u2019s research indicates, administrators who have been involved in or contemplated even informal restorative practices involving peer harassment and assault at their campuses are optimistic about the opportunity of restorative practices to achieve some of these goals. They cite the opportunity to give the vic- tim agency and choices about how to proceed in the case based on her own needs, as well as the opportunity for the victim to see the perpetrator expressing remorse and acting in a way that shows that remorse is genuine. They also suggest that restorative processes provide space for the perpetrators to be honest about what happened, to learn what is wrong with their behavior and perhaps develop empa- thy for the victim, and to accept responsibility for the immediate event but also for their future behavior . 32 Because restorative processes often involve others besides the adjudicators, the parties and their lawyers, they also offer the possibilities for the community. In a restorative circle, for example, some members of the community will serve supporters for the harmed party, which lessens the possibility of re-victimizing her or reinforcing her marginalization, especially in cases where the victim is already a member of a minority group . Unlike educational processes alone, restorative circles involving members of the community push offenders to understand the rip- ple effects of their behavior on others. The public acknowledgement of remorse not only makes it more real and effective than a private apology, but also enables 33 30 Botham Jean\u2019s brother hugs Amer Guyger after murder sentence Eyewitness News 3 October 2019, tence/5586186/ (accessed 1.11.2019) 31 K.M. Williamson, op. cit., p. 50, citing M. Koss, Restorative justice for acquaintance rape and misdemeanor sex crimes, (in:) J. Ptacek (ed.), Restorative justice and violence against women, New York 2010, pp. 218\u2013238. 32 See ibidem, pp. 173\u2013186. 33 Ibidem, p. 188 (also noting that members of marginalized communities may be reluctant to report victimization so they don\u2019t get others from those communities in trouble with predominan- tly white and straight members of that campus community SETTING... 149 the offender to experience the compassionate response of the community to his attempts to take responsibility and action to remedy what he did. In the case of cam- pus sexual harassment, involving the community may engender efforts to create a safer campus culture for those who have not yet been victims or perpetrators. Of course, restorative justice is not suitable for all sexual harassment cases. Where restorative processes are used, perpetrators are carefully screened to ensure that they are potentially willing to take responsibility for their actions and will not take the opportunity to revictimize. Even so, sexual perpetrators are often cunning manipulators who believe they will be able to beat the system or see restorative processes as a way to avoid punishment. Victims may be too cowed or exhausted to undergo any face-to-face encounters, or too angry and vengeful to want to give any quarter to their abusers. Blurry storylines will sometimes con- join with a sense of threat and damage by both parties, preventing acknowledge- ment of the humanity of the other. Innocents, both accusers and accused, may understandably seek justice or vindication rather than be willing to acknowledge wrongdoing or extend compassion and generosity to their adversaries. In the case of perpetrators who are university faculty or administrators and victims who are students, different dynamics may make restorative processes more difficult. It is less likely that faculty members are harassing women because of ignorance of what society expects in male-female relationships, which may be the case with young college-age perpetrators. The power dynamics between faculty and students are also exacerbated, which may make faculty members less willing to engage in such processes. Moreover, faculty perpetrators may be less willing to acknowledge either the fact of the harassment or the harm it caused because the consequences are so dire for them. Unlike student harassers who may be dismissed from the university only to return or to find another school to finish their degrees, faculty members adjudicated as harassers face detenuring and per- manent banishment from academic posts. In this era of #MeToo, the nervousness of college administrators about legal liability and the possibility that \u201crehabili- tation\u201d may put perpetrators back into a sea of vulnerable undergraduates once again may result in the end of a promising academic career. The professional community\u2019s reaction may have both economic and socially stigmatizing con- sequences not only for the perpetrator but his spouse, children, and other family members and friends who stand by him. (Of course, these prospects may also incentivize faculty members to acknowledge harm and participate in a restorative practice because the consequences of not doing so are so dire). Students may also be less likely to report and more likely to minimize incidents because of the community ramifications of reporting a popular teacher. They may be less likely to want to participate in any processes, wondering what later professional conse- quences the faculty member might visit on them in retaliation for their complaints. But practiced in the right cases, restorative justice may turn the disempow- erment and fearful, sometimes guilty in-turning that victims may experience in 150 Marie A. Failinger adjudicative processes into a freedom of giving beyond justice, and they may move the self-justificatory shame of a perpetrator into true repentance and reparatory action. At least, restorative justice may push them toward a relational dynamic that is healthier for both whether they must necessarily encounter each other in the future or free themselves from the hurt of the past Books and articles Chamallas M., Introduction to feminist legal theory, Aspen Publishers 2003 Comte-Sponville small treatise on the great virtues: The uses of philosophy in everyday life, C. Temerson (transl.), Metropolitan Books 2001 Estrich S., Rape, \u201cYale Law Journal\u201d 1986, Vol. 95, p. 1087 Koss M., Restorative justice for acquaintance rape and misdemeanor sex crimes, (in:) J. Ptacek (ed.), Restorative justice and violence against women, New York 2010, p. 218 Levit N., Verchick R.R.M., Feminist legal theory primer, New York 2006 Preston C., Deconstructing equality in religion, (in:) M.A. Failinger, E.R. Schiltz, S.J. Stabile (eds.), Feminism, law, and religion, New York 2014, p. 25 Redfern B.J., Hope and reconciliation with grief, (in:) J.P.J. Dussich, J. Schellenberg (eds.), The promise of restorative justice: New approaches for criminal justice and beyond, London 2010, p. 232 Zehr H., Changing lenses new focus for crime and justice, Herald Press 1990 Case-law Mathews v. Eldridge, 424 U.S. 319, 335 (1976) Websites Berman forgive you\u201d. Relatives of Charleston church shooting victims address Dylann Roof, \u201cWashington Post\u201d 19 June 2015, news/post-nation/wp/2015/06/19/i-forgive-you-relatives-of-charleston-church- victims-address-dylann-roof/ (accessed 1.11.2019) Botham Jean\u2019s brother hugs Amer Guyger after murder sentence Eyewitness News 3 October 2019, murder-sentence/5586186/ (accessed 1.11.2019) Brown S., Mangan K., What you need to know about the proposed Title Regulations, \u201cThe Chronicle of Higher Education\u201d 16 November 2018, com/article/What-You-Need-to-Know-About/245118 (accessed 27.11.2019) Camera L., Education Department begins sweeping rewrite of Title sexual misconduct rules, \u201cU.S. News\u201d 7 June 2021, articles/2021-06-07/education-department-begins-sweeping-rewrite-of-title-ix- sexual-misconduct-rules (accessed 21.05.2022) Families advocating for campus equality, (accessed 1.11.2019 SETTING... 151 Jackson C., Acting assistant secretary for civil rights, Dear Colleague Letter, 22 September 2017, (accessed 5.12.2019) Koumpilova M., School officials walk fine line as they let disciplined professors return to classroom, \u201cStar Tribune\u201d 20 October 2019, A1, A10, com/minnesota-campuses-look-to-rehabilitation-for-sanctioned-faculty/563461072/ (accessed 4.12.2019) Nicolaou E., Smith #MeToo timeline to show how far we\u2019ve come \u2013 & how far we need to go, \u201cRefinery 29\u201d, 21 October 2019, at 2, en-us/2018/10/212801/me-too-movement-history-timeline-year-weinstein (accessed 28.10.2019) (including a timeline of celebrities accused of sexual harassment or assault from 2017\u20132019) Pilcher J., How sexual harassment starts on campus: One student\u2019s story, Cincinnati. com/The Enquirer, 2 April 2018, watchdog/2018/04/02/how-sexual-harassment-starts-campus-one-students- story/452882002/ (accessed 31.10.2019) Williamsen K.M., \u201cThe exact opposite of what they need\u201d: Administrator reflections on sexual misconduct, the limitations of the student conduct response, and the possibilities of restorative justice, University of Minnesota Dissertation, 2017, 0130E_18323.pdf?sequence=1 (accessed 27.11.2019)", "8447_105.pdf": "2 profs disciplined for sexual misconduct are back in classroom; some students 'disturbed 10, 2019 5:29AM James Ron, left, and Jason Cao have been reinstated to their positions at the University of Minnesota Humphrey School of Public Affairs after being disciplined for sexual misconduct. (Star Tribune/The Minnesota Star Tribune) Two University of Minnesota professors disciplined for sexual misconduct have been reinstated to their positions in the Humphrey School of Public Affairs, and a student group is upset that administrators failed to alert the entire Humphrey student body ahead of registration opening and classes beginning this semester. The Gender, Sex, & Policy Events Committee, an organization for Humphrey School students, said in a statement that its leadership \"is disturbed\" by the return of Jason Cao and James Ron, and that some students weren't informed of the reinstatements until after classes began. The complaints against the professors were investigated by the university Office of Equal Opportunity and Affirmative Action. Messages were left with both men seeking their reaction to being back in the classroom. Cao and Ron each were given letters of discipline with details about their alleged misconduct in late 2018 from Humphrey School Dean Laura Bloomberg. The letters, obtained by the Star Tribune, said the complaints against Cao included making jokes of a sexual nature and commenting that a student should be \"submissive.\" He also invited a student to work with him at home and required the student to sit next to him while he worked. In Ron's letter, the university determined he made unwanted comments about his sex life to a student and shared the ideal younger age range of women he would like to date. By Paul Walsh andDavid Chanen Minnesota News You Can Use Subscribe 2/17/25, 12:48 2 profs disciplined for sexual misconduct are back in classroom; some students 'disturbed' 1/4 The letters also detailed disciplinary action against the professors. Cao was suspended for eight months, which ended Aug. 31 of this year. He will also be prohibited from individually advising students for two years but can advise masters students in a public area or with his office door open. Ron was suspended for five months without pay this year and won't be allowed to advise students or supervise Humphrey School student research or teaching assistants for two years. In his disciplinary letter, Cao denied several of the complaints against him, but the university said it found the student's account to be more credible. The student had told a witness about her concerns, and the witness verified her story, the letter said. Ron responded to his complaints through a letter to the university from his attorney. Ron and the student were friends and had discussed romantic issues \u2014 their own and those of each other. The university acknowledged that he was under significant psychological stress at the time of the complaints following a divorce, and it did not believe he was a predator. \"We disagree strenuously with the university's factual and legal findings,\" his attorney wrote. \"And if the university was correct on the facts and law \u2014 and it is not \u2014 the sanctions imposed would still be improper.\" Course selection for the fall 2019 semester began the previous spring for returning students, and classes began on Sept. 3, two days before Humphrey Associate Dean Carissa Schively Slotterback sent all Humphrey students an e-mail informing them of the recent sexual misconduct cases. Slotterback did say some Humphrey students were made aware of the reinstatements earlier and had been invited to student discussions led by Bloomberg or had already attended informational sessions. Slotterback's e-mail on Thursday broadened the invitation to all Humphrey students and said they would be \"learning more about the two cases, the investigation processes, the disciplinary actions, and the plans put in place to monitor and mentor the individuals involved to ensure compliance with our expectations and with university policy.\" Gender, Sex, & Policy Events Committee leaders Olivia Reyes, Lilly Richard and Aaron Sepulveda responded quickly after the e-mail was sent on the third day of classes. \"We feel that the students deserve notice of and transparency around incidents such as these in order to make informed choices about courses and professors, and to be able to effectively voice their opinions to the administration,\" they wrote. \"Harassment and other abuses of power by professors and authority figures make spaces unsafe and unwelcoming for women, trans and nonbinary people, and people of color.\" Reyes said Monday that Bloomberg met with her and another student leader, and she was told that \"the sanctions in place for the professors [were] satisfactory and aligned with restorative practices.\" Reyes added that left her to conclude, \"from my perspective, [there is] little to no chance of changing the way these professors will continue to work within this institution.\" Separately, Richard shared on Facebook what she wrote to Bloomberg: \"My personal view is that professors who have a history of harassing students should be removed from teaching positions or strongly encouraged to resign.\" Ron joined the university faculty in 2011. He specializes in international human rights, opinion polling, nonprofit organizations and the study of political violence. Along with Humphrey, Ron is also in the Political Science Department. Cao started at the university in 2007. He specializes in sustainable development, transportation planning, and urban and regional planning. In both their disciplinary letters, Bloomberg wrote that professors were valued members of the school's academic community and that \"she was committed to doing whatever we can to ensure a respectful and successful re-entry\" into the school after the suspensions had ended. Share 2/17/25, 12:48 2 profs disciplined for sexual misconduct are back in classroom; some students 'disturbed' 2/4 Paul Walsh Paul Walsh is a general assignment reporter at the Minnesota Star Tribune. He wants your news tips, especially in and near Minnesota. See More David Chanen David Chanen is a reporter covering Hennepin County government and Prince's estate dealings. He previously covered crime, courts and spent two sessions at the Legislature. See More More from Minneapolis See More Twin Cities businesses cash in on K-pop craze From small businesses to giants like Target, retailers are benefitting from the $10 billion industry for South Korean pop music, including its revival of physical album sales Minneapolis passes law aiming to bolster office-to-housing conversions \u2018Tibetan Buddhist Shrine Room\u2019 finds permanent home at Minneapolis Institute of Art 2/17/25, 12:48 2 profs disciplined for sexual misconduct are back in classroom; some students 'disturbed' 3/4 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. 2/17/25, 12:48 2 profs disciplined for sexual misconduct are back in classroom; some students 'disturbed' 4/4", "8447_106.pdf": "'U' Professors Suspended For Sexual Harassment Return To Campus September 10, 2019 / 2:23 Minnesota (WCCO) -- In spring 2018, two University of Minnesota professors faced allegations of sexual harassment. Now the two men have returned to the school. According to an email from Humphrey School of Public Affairs Dean Laura Bloomberg sent Monday to partners and members of the college, and since obtained by WCCO, professors Jason Cao and Jim Ron were both found to have News Weather Sports Video Shows & Specials -3\u00b0 Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/17/25, 12:48 'U' Professors Suspended For Sexual Harassment Return To Campus Minnesota 1/4 violated the university's sexual harassment policies after investigations by the school's office of Equal Opportunity and Affirmative Action. The two professors received a disciplinary suspension without pay last academic year, but returned this fall with some restrictions for working with students, according to the email. The letter was in response to a then-upcoming story from the Star Tribune detailing the professors' misconduct. The letter also references an upcoming article from the Minnesota Daily. \"The hard reality is that no organization is immune from the possibility that individuals will behave inappropriately,\" Bloomberg writes in the email. \"When this happens believe an organization should be measured by how it creates an environment where everyone understands what constitutes inappropriate behavior, and how the organization responds to such incidents if they do occur.\" In response to a request for a comment from WCCO, the university referred to the following statement from Bloomberg: \"At the Humphrey School, we have clear expectations of what is or is not appropriate conduct, this includes what is outlined in the University's sexual harassment policy. \"In both of these situations, we took immediate action in response to the University's investigations and both faculty members received significant discipline, including suspension without pay. \"At all times, we work to ensure a respectful and safe school community for all faculty, staff and students.\" Following these reports, University of Minnesota undergraduate student government representative Austin Berger said Tuesday he intends to introduce a resolution calling on the university to fire Cao and Ron. Berger said he's received support from other members of student government. \"Certainly certain forms of sexual misconduct can be more severe than others, but we shouldn't tolerate any of that behavior. Period. No unpaid suspensions. Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/17/25, 12:48 'U' Professors Suspended For Sexual Harassment Return To Campus Minnesota 2/4 \u00a92025 Broadcasting Inc. All Rights Reserved. Terms of Use Privacy Policy Cookie Details News Sports Weather Contests Program Guide Sitemap About Us Advertise Television Jobs Public File for Public Inspection File Help Applications Report \u00a9 2019 Broadcasting Inc. All Rights Reserved. You're gone,\" Berger said. \"If you have to be supervised to be around students, that's ridiculous to me.\" In: Sexual Harassment More from News Minneapolis group educating schools about their rights if arrives Minneapolis bookstore facing unimaginable loss after water main break Minnesotans march to honor missing and murdered Indigenous relatives Sturgill Simpson to return to Twin Cities in May for Armory show Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/17/25, 12:48 'U' Professors Suspended For Sexual Harassment Return To Campus Minnesota 3/4 Watch News 2/17/25, 12:48 'U' Professors Suspended For Sexual Harassment Return To Campus Minnesota 4/4"} |
7,310 | Thomas Brutnell | Donald Danforth Plant Science Center | [
"7310_101.pdf",
"7310_102.pdf",
"7310_103.pdf"
] | {"7310_101.pdf": "Danforth Center terminates researcher for alleged sexual harassment St. Louis Public Radio | By Eli Chen Published June 14, 2018 at 2:00 p.m Brutnell Lab This story was updated at 3:10 p.m. \u2014 The Donald Danforth Plant Science Center has dismissed one of its researchers on suspicion of sexual misconduct. The Danforth Center \u201chas ended its relationship\u201d with Thomas Brutnell, according to a statement released today from the Danforth Center\u2019s President Jim Carrington. Brutnell's biography was also removed from the center\u2019s website. 2/17/25, 12:48 Danforth Center terminates researcher for alleged sexual harassment 1/4 An investigation into Brutnell\u2019s behavior began in May \u201cupon receiving a complaint of inappropriate conduct and comments of a sexual nature\u201d from Brutnell. Danforth officials then placed him on leave. The statement does not elaborate on the allegations against Brutnell. Brutnell was the director of the Enterprise Institute for Renewable Fuels. He also holds an adjunct professor role at the University of Missouri-Columbia, which did not immediately respond to questions about his status there. Before coming to the Danforth Center, he worked at the Boyce Thompson Institute at Cornell University. The Danforth Center\u2019s investigation of Brutnell became public on Wednesday after Stanford scientist Jose Dinneny wrote on Twitter that he had stopped following Brutnell on the social media channel. \u201cThe Danforth Center is determined to maintain a culture where all individuals in positions of power promote a safe, inclusive, discrimination- and harassment-free, and supportive workplace,\u201d Carrington said in his statement. \u201cTo this end, the Danforth Center affirms that, regardless of position or influence, sexual harassment or other inappropriate behaviors that may result in a hostile work environment will not be tolerated.\u201d This week, the National Academies of Sciences, Engineering and Medicine released a report on sexual harassment in the sciences. The report noted that existing policies at many research institutions are inadequate at addressing sexual misconduct. Brutnell could not be reached for comment. Follow Eli on Twitter: @StoriesByEli Editor's note: This story has been updated to reflect that the Danforth Plant Science Center has terminated researcher Thomas Brutnell. Send questions and comments about this story to feedback@stlpublicradio.org. Tags Health, Science & Environment Donald Danforth Plant Science Center Sexual Harassment Top Stories 2/17/25, 12:48 Danforth Center terminates researcher for alleged sexual harassment 2/4 Eli Chen Eli is the science and environment reporter at St. Louis Public Radio. See stories by Eli Chen 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 2/17/25, 12:48 Danforth Center terminates researcher for alleged sexual harassment 3/4 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, 12:48 Danforth Center terminates researcher for alleged sexual harassment 4/4", "7310_102.pdf": "The Wayback Machine - (/web/20180614230603/ Home (home) / Statement from President James Carrington Dear Friends and Colleagues, The Donald Danforth Plant Science Center is committed to creating and maintaining a work environment that is free from all forms of discrimination and harassment and will not tolerate inappropriate language, inappropriate physical contact, inappropriate relationships, coercive behavior, or other conduct that may result in a hostile work environment. The Danforth Center takes very seriously, and investigates, all allegations of this nature that come to its attention. In keeping with its commitment, the Danforth Center initiated an internal investigation in May 2018 upon receiving a complaint of inappropriate conduct and comments of a sexual nature by Dr. Thomas Brutnell. The Danforth Center placed Dr. Brutnell on a leave of absence pending its investigation and has ended its relationship with Dr. Brutnell. As a research institution, the Danforth Center depends on mentoring and guidance from its leadership, faculty, and supervisors. As described in detail in the recent National Academies report, \u201cSexual Harassment of Women: Climate, Culture and Consequences in Academic Sciences, Engineering and Medicine,\u201d leaders of scientific teams have power over the careers or livelihoods of scientific trainees and employees. The Danforth Center is determined to maintain a culture where all individuals in positions of power promote a safe, inclusive, discrimination- and harassment-free, and supportive workplace. To this end, the Danforth Center affirms that, regardless of position or influence, sexual harassment or other inappropriate behaviors that may result in a hostile work environment will not be tolerated. The Danforth Center further expects everyone to maintain the highest standards of ethical conduct. The success of our scientists and staff depends on how well we maintain that environment, and how well we support each other. James C. Carrington President, Donald Danforth Plant Science Center Statement from President James Carrington \u2013 June 14, 2018 Job Applicants (/web/20180614230603/ News & Media (/web/20180614230603/ Education & Students (/web/20180614230603/ Directory (/web/20180614230603/ Potential Donors (/web/20180614230603/ Winter Weather (/web/20180614230603/ Donald Danforth Plant Science Center 975 North Warson Road St. Louis, Missouri 63132 info@danforthcenter.org 314.587.1000 \u00a92018 Donald Danforth Plant Science Center. All rights reserved Careers (/web/20180614230603/ Media (/web/20180614230603/ Directory (/web/20180614230603/ Site Map (/web/20180614230603/ About (about) Scientists & Research (scientists-research) Education & Outreach (education-outreach) Events (events) News & Media (news-media) Support (support) Donate (donate)", "7310_103.pdf": "Danforth Center terminates researcher for alleged sexual harassment St. Louis Public Radio | By Eli Chen Published June 14, 2018 at 2:00 p.m Brutnell Lab This story was updated at 3:10 p.m. \u2014 The Donald Danforth Plant Science Center has dismissed one of its researchers on suspicion of sexual misconduct. The Danforth Center \u201chas ended its relationship\u201d with Thomas Brutnell, according to a statement released today from the Danforth Center\u2019s President Jim Carrington. Brutnell's biography was also removed from the center\u2019s website. 2/17/25, 12:49 Danforth Center terminates researcher for alleged sexual harassment 1/4 An investigation into Brutnell\u2019s behavior began in May \u201cupon receiving a complaint of inappropriate conduct and comments of a sexual nature\u201d from Brutnell. Danforth officials then placed him on leave. The statement does not elaborate on the allegations against Brutnell. Brutnell was the director of the Enterprise Institute for Renewable Fuels. He also holds an adjunct professor role at the University of Missouri-Columbia, which did not immediately respond to questions about his status there. Before coming to the Danforth Center, he worked at the Boyce Thompson Institute at Cornell University. The Danforth Center\u2019s investigation of Brutnell became public on Wednesday after Stanford scientist Jose Dinneny wrote on Twitter that he had stopped following Brutnell on the social media channel. \u201cThe Danforth Center is determined to maintain a culture where all individuals in positions of power promote a safe, inclusive, discrimination- and harassment-free, and supportive workplace,\u201d Carrington said in his statement. \u201cTo this end, the Danforth Center affirms that, regardless of position or influence, sexual harassment or other inappropriate behaviors that may result in a hostile work environment will not be tolerated.\u201d This week, the National Academies of Sciences, Engineering and Medicine released a report on sexual harassment in the sciences. The report noted that existing policies at many research institutions are inadequate at addressing sexual misconduct. Brutnell could not be reached for comment. Follow Eli on Twitter: @StoriesByEli Editor's note: This story has been updated to reflect that the Danforth Plant Science Center has terminated researcher Thomas Brutnell. Send questions and comments about this story to feedback@stlpublicradio.org. Tags Health, Science & Environment Donald Danforth Plant Science Center Sexual Harassment Top Stories 2/17/25, 12:49 Danforth Center terminates researcher for alleged sexual harassment 2/4 Eli Chen Eli is the science and environment reporter at St. Louis Public Radio. See stories by Eli Chen 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 2/17/25, 12:49 Danforth Center terminates researcher for alleged sexual harassment 3/4 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, 12:49 Danforth Center terminates researcher for alleged sexual harassment 4/4"} |
7,658 | Gurinder Singh Mann | University of California – Santa Barbara | [
"7658_101.pdf",
"7658_102.pdf",
"7658_103.pdf"
] | {"7658_101.pdf": "News Documents Show 6 Employees Violated Title Policy March 2, 2017 at 12:51 am by Allison Garfield, Josh Ortiz and Stephany Rubio Sunday, February 16, 2025 \u0000 \uf099 \uf16d 2/17/25, 12:50 Documents Show 6 Employees Violated Title Policy | The Daily Nexus 1/9 Supriya Yelimeli / Daily Nexus Six Santa Barbara faculty and staff members violated sexual violence and harassment policy between January 2013 and April 2016, according to documents obtained by the Nexus on Wednesday and nine other campuses first released Title documents on Tuesday in response to a California Public Records Act request made by the Daily Californian over a year ago. The documents identify approximately 124 Title violations across the system between Jan. 1, 2013, and April 6, 2016. Four of six cases at were reported by students, and the remaining were reported by staff. The only full-time professor named in documents was Gurinder Singh Mann, a professor of global studies. The Title office received a complaint in May 2013 from a female student alleging that Mann acted inappropriately with sexual conduct, both verbal and physical, during a research discussion meeting at Mann\u2019s home. Mann retired in 2015 but was a professor at the time of the investigation, which began in May 2013. According to the documents, the female complainant said Mann asked her to sit on his bed with him and proceeded to lay beside her. While sitting on the bed, Mann allegedly touched her neck and chest around the area of her collarbone. She said he inserted his hand inside her shirt, touched her stomach and put his face near to hers. When she confronted him, he responded that \u201che\u2019s not a dirty old man, that, for him, what he had done was just like petting his cat.\u201d The student later wrote an email to Mann saying, \u201cthis really was extremely uncomfortable for me still have nightmares about it.\u201d She also alleged that Mann, on several occasions, would rub her arm, shoulder and thigh. In the Title report, Mann denied all allegations of harassment and said his primary aim was establishing a Santa Barbara school of Sikh studies, not \u201cplaying with young people in any way.\u201d Following an investigation, the Title office concluded in August 2013 that all such claims \u201c lik l th t did \u201d d th t h d i l t d th UC\u2019 l h t li 2/17/25, 12:50 Documents Show 6 Employees Violated Title Policy | The Daily Nexus 2/9 \u201cmore likely than not did occur\u201d and that Mann had violated the UC\u2019s sexual harassment policy. The documents do not indicate actions taken by the university, and Mann has since been a guest lecturer at after his retirement. The Title office received a report in May 2014 claiming that former music department lecturer Paul Sahuc allegedly sexually harassed a former music department graduate student. The female subject claimed that Sahuc had said on multiple occasions, \u201cAre you on your period?\u201d during lessons. She also stated that he repeatedly walked into the women\u2019s dressing room unannounced while people were changing. According to the documents, several other witnesses offered information illustrating patterns of sexualized comments from Sahuc. Following an investigation, the Title office concluded that the alleged conduct \u201cmore likely than not did occur,\u201d and that both allegations violated sexual harassment policy. Supriya Yelimeli / Daily Nexus As a result, the music department declined to renew Sahuc\u2019s employment contract, effectively terminating his university employment. The Title office also received a report in April 2013 alleging that Facilities Management laborer Cresenciano Marin sexually harassed a senior custodian. The female subject had previously complained to her supervisors about Marin\u2019s conduct, but she received no resolution formal investigation began in April 2013. As detailed in the documents, the complainant said while riding in an elevator together during their shift, Marin came up behind her as she bent down and put his hand on her back without her consent and made gestures \u201cas to mock a sexual position.\u201d After she told him he was being inappropriate, he responded that he would find her later and \u201cviolate/rape\u201d her. The complainant said Marin told her on several other occasions that she should \u201csuck his dick,\u201d asked her the color of her underwear and asked if the color of her pubic hair was the same 2/17/25, 12:50 Documents Show 6 Employees Violated Title Policy | The Daily Nexus 3/9 p color as the hair on her head. The investigation also found that on an unknown date, coworkers found pornographic videos and newspaper clippings of the Nexus\u2019 \u201cWednesday Hump\u201d as well as \u201cDecember 2006 Playboy Magazine Digital Edition\u201d in his cleaning closet. Marin denied all such claims, but the Title office substantiated all 11 sexual harassment claims against him. The university terminated his employment in July 2013 following the findings of the investigation. The Title office received a report in April 2015 that a supervisor allegedly sexually harassed his female employee during an after-hours celebration at American Ale in downtown Santa Barbara. According to the report, the male subject went to hug his employee and \u201cgrabbed her breast,\u201d to which she \u201cstood stupefied\u201d and didn\u2019t say anything. She went to push him away, but he \u201cgrabbed her face and stuck his tongue down her throat.\u201d When she turned back around, he tried to hug her and \u201cbit her neck, leaving a mark.\u201d The documents report that, when the female returned to the outdoor seating area, she informed the group that she was attacked witness reported to the Title office that the same male had \u201cpinched his/her buttocks earlier that night.\u201d The male subject claimed he \u201cblacked out\u201d the night of the incident and could not respond to the allegations because he could not remember. At the time of the allegation, he was working half-time in his department, and he became a full- time employee in July 2015. As a result of the investigation required the male subject to complete the university\u2019s online sexual harassment prevention training and attend personal counseling. The Title office received a report in November 2015 that a music department lecturer allegedly sexually harassed a former music department student. The student claimed she was harassed through verbal conduct during piano lessons and that the male subject would comment on other women, saying \u201cso-and-so\u2019s boobs are hanging out,\u201d \u201cso-and-so\u2019s ass cheeks are hanging out\u201d and \u201cwomen are provocative, and the things they wear seduce men, and it\u2019s no wonder that all these women get raped.\u201d Another complainant said the music lecturer would tell her sexualized comments he made to other students like, \u201cIf this composer was here, he\u2019d want to seduce you.\u201d The male subject denied the allegations against him, but the Title office concluded that the conduct \u201cmore likely than not did occur\u201d and that the music lecturer had violated sexual harassment policy. As a result of the investigation, the male subject received a 10 percent salary reduction and a written censure. The Title office also received a report that a faculty member from the global studies department allegedly sexually harassed a fourth-year undergraduate student. According to the female complainant, the male faculty member made jokes promoting rape culture that had no relevance to the class. The jokes were, \u201cWhat was the wife\u2019s favorite sex position? Facing Nordstrom\u2019s.\u201d and \u201cWhy were the sorority girls disappointed about being gang-raped? Because they had to write so many thank-you cards.\u201d The female complainant spoke out during lecture saying that he was being inappropriate The 2/17/25, 12:50 Documents Show 6 Employees Violated Title Policy | The Daily Nexus 4/9 \uf02f Print The female complainant spoke out during lecture, saying that he was being inappropriate. The female subject dropped the global studies class that same day due to the \u201csexist classroom climate.\u201d She stated in her interview with the Title office that she could not concentrate for the remainder of the class because she was so upset by his comments. When asked what resolutions she sought through the process, she said that she did not believe the male subject should be teaching at the university. According to the report, the male faculty member wrote through his attorney that he did not use the words \u201cthe wife,\u201d \u201craped\u201d or \u201csororities,\u201d but admitted the jokes were made in poor taste. Following an investigation, the Title office substantiated one of the three sexual harassment claims against the faculty member. The documents do not indicate whether the university took further disciplinary action. According to Spokesperson Andrea Estrada, the university investigated and adjudicated all of the cases under policies and processes that have since been updated. \u201cOver the past two and a half years has taken steps to significantly change \u2014 and improve \u2014 the ways such cases are handled,\u201d she said in a statement. The Nexus also obtained the Title documents of eight other campuses Merced Los Angeles Davis Santa Cruz San Francisco Riverside Irvine and San Diego \u2014 and is currently sorting through them to determine further details. Although Berkeley has not yet sent in its documents, the Daily Cal provided the number of sexual misconduct cases listed for its campus version of this story appeared on p.1 of the Thursday, March 2, 2017, print edition of the Daily Nexus. Share this: Twitter Facebook Reddit 11 Jason Andrew Garshfield \uf017 7 years ago \u201ccoworkers found\u2026 newspaper clippings of the Nexus\u2019 \u2018Wednesday Hump'\u201d So, how long is it before the Daily Nexus gets its own Title complaint? Don\u2019t be so quick to buy into this Closer Look at Title Policy Changes March 9, 2017 In \"Campus\" Ex-Judicial Affairs Director for Hid Evidence in Title Case, Complaint Says September 21, 2017 In \"Campus Undergrad Seat on Systemwide Title Student Advisory Board Filled January 9, 2020 In \"Campus\" \uf0e7 \uf06d Jason Andrew Garshfie 2/17/25, 12:50 Documents Show 6 Employees Violated Title Policy | The Daily Nexus 5/9 hysteria and removal of due process from the accused. You\u2019re not immune. You\u2019re next. Anonymous \uf017 7 years ago \uf086 Reply to yes if you also have \u201cpornographic videos \u2026 \u201cDecember 2006 Playboy Magazine Digital Edition\u201d in his cleaning closet.\u201d The nexus by itself would mean nothing but taken in totality it does. dont cherry pick bits and pieces to try and make a point, unless you think the rest of the behavior is appropriate too?. Jason Andrew Garshfield \uf017 7 years ago \uf086 Reply to object to a Title system that affords no protections to those accused, as we\u2019ve seen repeatedly over the last few years. This sort of system has a powerful chilling effect on free expression and sexual behavior, and yes, if the Daily Nexus \u201chump\u201d cartoons were used to prove a pattern of behavior that led to a Title violation, the Nexus could be next find that very concerning for free expression\u2026 but what am doing should know by now that no one in the system gives one fuck about free expression. Anonymous \uf017 7 years ago \uf086 Reply to Thats right Jason you are the only one hero that goes unrecognized except by your own over inflated sense of self and ego. get over yourself free expression has limits. didn\u2019t you graduate? Andrew Garshfield the freedom fighter for all people but the abused and oppressed. You are right sexual behavior belongs in the work place and you have no problem glossing over all of the issues of harassment, abuse and sexual assault because the Title review doesn\u2019t meet your standards. Jason Andrew Garshfield \uf017 7 years ago \uf086 Reply to I\u2019m not alone. The College Republicans and Young Americans for Liberty are doing an incredible job without me! My flame continues to burn, and am confident that it will ultimately set to the entire system. Anonymous \uf017 7 years ago \uf086 Reply to Your ego is so utterly massive its gravity well is sucking in an entire solar system as we speak. Anonymous \uf017 7 years ago \uf086 Reply to Wow when i think you couldnt be a bigger douche you just have to double down and prove me wrong. You wrote couple thought provoking articles and then graduated to being the biggest dick that you could raging about imaginary injustices. Turning your writing to inane pieces of shit about how you you have suffered and that you need to fix imaginary slights. Get a life Anonymous \uf017 7 years ago Cannot believe that supervisor was half time didnt get fired and became full time shame on UCSB. Anonymous \uf017 7 years ago Wow, and the Police dept still has him working there!! Good Job PD, rewarding sexual assault because that was not wanted. (no consent) Jason Andrew Garshfield Jason Andrew Garshf Anonymous Jason Andrew Garshfield Jason Andrew Garshf Anonymous Jason Andrew Garshfield Jason Andrew Garshfield 2/17/25, 12:50 Documents Show 6 Employees Violated Title Policy | The Daily Nexus 6/9 Anonymous \uf017 7 years ago \uf086 Reply to wow what a shame he should resign Anonymous \uf017 7 years ago \uf086 Reply to But Andrew Garshfield supports it. Dont oppress the cop\u2019s right to molest and assault people Featured Comic Please Don\u2019t Try to Bike Over the Hump Pls Anonymous Anonymous 2/17/25, 12:50 Documents Show 6 Employees Violated Title Policy | The Daily Nexus 7/9 Labyrinth: Grades Search Subscribe to Our Newsletter Tweets by @dailynexus \uf09a Like us on Facebook by @dailynexopinion March 21 - April 19 Grumpy April 20 - May 20 2/17/25, 12:50 Documents Show 6 Employees Violated Title Policy | The Daily Nexus 8/9 Love at first sight May 21 - June 20 Enemies to lovers June 21 - July 22 Childhood sweethearts July 23 - August 22 Friends to enemies to lovers August 23 - September 22 Mafia Boss September 23 - October 22 Forced proximity October 23 - November 21 Fake relationship November 22 - December 21 And they were roommates December 22 - January 19 Love triangle January 20 - February 18 Slow burn February 19 - March 20 Sunshine Icons made by bqlqn from Home About Join Us Staff/Contact Legal Notices Advertising Send a News Tip 2/17/25, 12:50 Documents Show 6 Employees Violated Title Policy | The Daily Nexus 9/9", "7658_102.pdf": "Dr. Gurinder Singh Mann From SikhiWiki Gurinder Singh Mann is a Punjabi-American historian and professor of Sikh studies, and the author of multiple books on Sikh culture. Mann taught religion at Columbia University from 1988 to 1999 and then held the Kundan Kaur Kapany Chair in Sikh Studies from 1999 to 2015 at the University of California, Santa Barbara.[1] He came under fire for alleged sexual harassment in 2013, retired from Santa Barbara in 2015, and founded the Global Institute for Sikh Studies in New York City, which he presently directs.[2] Contents 1 Education 2 Career 3 Selected publications 4 References 5 External links Education Mann studied for a master's degree in English from Baring Union Christian College in Batala, Punjab, from 1965 to 1971, and then completed a diploma in English Studies at the Central Institute of English and Foreign Languages in Hyderabad, India, in 1975. He earned a second master's degree in English from the University of Kent at Canterbury, England, in 1976. From 1984 to 1987 he studied for Master of Theological Studies at Harvard University. He joined the doctoral program in Religion at Columbia University in 1987, and completed his Ph.D. there in 1993.[3] Career Mann taught English at Baring Union Christian College, Batala from 1971 to 1984, religion at Columbia University from 1988 to 1999 and then held the Kundan Kaur Kapany Chair in Sikh Studies at the University of California, Santa Barbara from 1999 to 2015 [4] Between 2017 and 2019, Mann delivered 40+ public lectures at Akal University, Talwandi Sabo; Ambedkar University, Delhi; Central University of Punjab, Bathinda; Delhi University, Delhi; Guru Nanak Dev University, Amritsar; Institute of Technology, Ropar; Jindal Global University, Sonipat; Kurukshetra University, Kurukshetra; Panjab University, Chandigarh, Punjabi University, Patiala, and a host of other academic and public forums. See Wikipedia for further information ( Selected publications Mann is the author or editor of: Donate - \u0a26\u0a3e\u0a28 \u0a15\u0a30\u0a4b \u0a1c\u0a40 2/17/25, 12:50 Dr. Gurinder Singh Mann - SikhiWiki, free Sikh encyclopedia. 1/2 Studying the Sikhs: Issues for North America (edited with John Stratton Hawley, State University of New York Press, 1993) The Goindval Pothis: The Earliest Extant Source of the Sikh Canon (Harvard University Press, 1996) The Making of Sikh Scripture (Oxford University Press, 2001*Sikhism (Prentice Hall, Religions of the World Series, 2004; Japanese & Spanish editions, 2007). Reprinted as New Definition of Sikhism ( htimes.com/books_040104a.html), The Sikh Times. Buddhists, Hindus and Sikhs in America (with Paul David Numrich and Raymond Williams, Oxford University Press, 2008) Introduction To Punjabi: Grammar, Conversation And Literature (with Ami P. Shah et al, Punjabi University, 2011) Brill\u2019s Encyclopedia of Sikhism, Volume 1 (with Kristina Myrvold et al, for its review, please see Three special issues of the Journal of Punjab Studies on 20th-Century Punjabi Literature, Guru Gobind Singh, and W. H. McLeod. References 1. ^ Preserving the Past, Comprehending the Present: Eminent Sikh Studies Scholar appointed to Kapany Chair|first=Eileen|last=Conrad|date=December 3, 1998|work Santa Barbara News ( comprehending-present-eminent-sikh-studies-scholar-appointed-kapany) 2 gift for generations to come: Historian Gurinder Singh Mann is building, in New York, a repository of texts and artifacts related to Sikhism|newspaper= ( Tribune|date=May 28, 2017|first=Sarika|last=Sharma 3. ^ Curriculum vitae |accessdate=2019-07-27 ( 4. ^ Preserving the Past, Comprehending the Present: Eminent Sikh Studies Scholar appointed to Kapany Chair|first=Eileen|last=Conrad|date=December 3, 1998|work Santa Barbara News ( comprehending-present-eminent-sikh-studies-scholar-appointed-kapany) External links Home page ( Global Institute for Sikh Studies ( Retrieved from \" This page was last edited on 22 July 2020, at 20:03. 2/17/25, 12:50 Dr. Gurinder Singh Mann - SikhiWiki, free Sikh encyclopedia. 2/2", "7658_103.pdf": "Gurinder Singh Mann at Goleta, California in 2001. Gurinder Singh Mann Gurinder Singh Mann is a Punjabi-American scholar and professor of Sikh studies, and the author of multiple books on Sikh religion and society. Mann taught religion at Columbia University from 1988 to 1999 and then held the Kundan Kaur Kapany Chair in Sikh Studies from 1999 to 2015 at the University of California, Santa Barbara.[1] He retired from Santa Barbara in 2015, and founded the Global Institute for Sikh Studies in New York City, which he presently directs.[2] Mann studied for a master's degree in English from Baring Union Christian College in Batala, Punjab, from 1965 to 1971, and then completed a diploma in English Studies at the Central Institute of English and Foreign Languages in Hyderabad, India, in 1975. He earned a second master's degree in English from the University of Kent at Canterbury, England, in 1976. From 1984 to 1987 he studied for Master of Theological Studies at Harvard University. He joined the doctoral program in Religion at Columbia University in 1987, and completed his Ph.D. there in 1993.[3] Mann taught English at Baring Union Christian College, Batala from 1971 to 1984, religion at Columbia University from 1988 to 1999 and then held the Kundan Kaur Kapany Chair in Sikh Studies at the University of California, Santa Barbara from 1999 to 2015.[1][4] In 2013, he came under investigation by UCSB's Title office for inappropriate \"sexual conduct, both verbal and physical\", with a female student, and for similar complaints from some other students. Mann denied the claims, but its report concluded that \"more likely than not\" inappropriate conduct did occur.[4][5] Between 2017 and March 2024, Mann delivered 94 public lectures at Akal University, Talwandi Sabo; Ambedkar University, Delhi; Archbishop Williams High School, Braintree, MA; Central University of Punjab, Bathinda; Chandigarh University, Chandigarh; Bharati College, Guru Tegh Bahadur College, Mata Sundri College, Sri Ram College, Delhi University; Elijah Summer School, Jerusalem; Guru Nanak Dev University, Amritsar; Institute of Technology, Ropar; Jindal Global University, Sonipat; Kurukshetra University, Kurukshetra; Dyal Singh Research Forum, Lahore; LPUniversity, Jalandhar; Nazareth College, New York, Panjab University, Chandigarh, Punjabi University, Patiala; University of Rome, Rome, and a host of other academic and public forums. Education Career 2/17/25, 12:50 Gurinder Singh Mann - Wikipedia 1/3 Mann is the author or editor of: Studying the Sikhs: Issues for North America (edited with John Stratton Hawley, State University of New York Press, 1993)[6] The Goindval Pothis: The Earliest Extant Source of the Sikh Canon (Harvard University Press, 1996)[7] The Making of Sikh Scripture (Oxford University Press, 2001)[8] Sikhism (Prentice Hall, Religions of the World Series, 2004; Japanese & Spanish editions, 2007)[9] Buddhists, Hindus and Sikhs in America (with Paul David Numrich and Raymond Williams, Oxford University Press, 2008)[10] Introduction To Punjabi: Grammar, Conversation And Literature (with Ami P. Shah et al., Punjabi University, 2011)[11] Brill\u2019s Encyclopedia of Sikhism, Volume 1 (with Kristina Myrvold et al., for its review, please see Four special issues of the Journal of Punjab Studies on 20th-Century Punjabi Literature, Guru Gobind Singh, W. H. McLeod, J. S. Grewal. 1. Conrad, Eileen (December 3, 1998). \"Preserving the Past, Comprehending the Present: Eminent Sikh Studies Scholar appointed to Kapany Chair\" ( ing-past-comprehending-present-eminent-sikh-studies-scholar-appointed-kapany Santa Barbara News. 2. Sharma, Sarika (May 28, 2017 gift for generations to come: Historian Gurinder Singh Mann is building, in New York, a repository of texts and artifacts related to Sikhism\" ( a.com/news/spectrum/arts/a-gift-for-generations-to-come/413622.html). The Tribune. 3. \"Curriculum vitae\" ( (PDF). Retrieved 2023-06-12. 4. Allison Garfield, Josh Ortiz and Stephany Rubio (March 2, 2017). \"Documents Show 6 Employees Violated Title Policy\" ( mployees-violated-title-ix-policy/). The Daily Nexus. Retrieved 2017-11-16. 5. \"At least 20 sexual misconduct cases against Univ. of Calif. faculty over a 3-year span\" ( w.cbsnews.com/news/university-of-california-had-at-least-20-sexual-misconduct-cases-against-fac ulty-over-a-3-year-span News. March 9, 2017. Retrieved 2017-11-16. 6. Reviews of Studying the Sikhs: Issues for North America: La Brack, Bruce (May 1994), The Journal of Asian Studies, 53 (2): 589\u2013590, doi:10.2307/2059900 ( 2059900 ( r.org/stable/2059900) Cole, W. Owen (1995), Bulletin of the School of Oriental and African Studies, University of London, 58 (2): 399 620922 ( Klostermaier, Klaus K. (September 1995), Studies in Religion, 24 (3): 375\u2013376, doi:10.1177/000842989502400326 ( S2CID 148990829 ( Selected publications References 2/17/25, 12:50 Gurinder Singh Mann - Wikipedia 2/3 7. Reviews of The Goindval Pothis: McLeod, W. H. (October 1997), Indo-Iranian Journal, 40 (4): 406\u2013408, doi:10.1023/a:1002998307989 ( (inactive 3 February 2025 24662137 ( S2CID 189798144 ( Shackle, Christopher (1998), Bulletin of the School of Oriental and African Studies, University of London, 61 (2): 361, doi:10.1017/S0041977X00014191 ( 77X00014191 3107692 ( 8. Reviews of The Making of Sikh Scripture: Friedlander, Peter G. (Spring 2003), The Sixteenth Century Journal, 34 (1): 245\u2013246, doi:10.2307/20061371 ( 20061371 ( w.jstor.org/stable/20061371) Singh, Pashaura (July\u2013September 2003), Journal of the American Oriental Society, 123 (3): 699\u2013701, doi:10.2307/3217783 ( 3217783 (http s:// 9. Review of Sikhism: Singh, Pashaura (April 2004), \"Sikhism\" ( sb.edu.gisp.d7_sp/files/sitefiles/journals/volume11/no1/9_book_reviews.pdf) (PDF), Journal of Punjab Studies, 11 (1), University of California, Santa Barbara: 103\u2013105. Reprinted as New Definition of Sikhism ( The Sikh Times. 10. Reviews of Buddhists, Hindus and Sikhs in America: Carroll, James T. (November 2002), The History Teacher, 36 (1): 137, doi:10.2307/1512506 (ht tps://doi.org/10.2307%2F1512506 1512506 ( La Brack, Bruce (Winter 2003), Journal of American Ethnic History, 22 (2): 102\u2013103 27501293 ( 11. Reviews of Introduction To Punjabi: Shackle, Christopher (2011), \"Book Review\" ( 73825119/introduction-punjabi-grammar-conversation-literature), Journal of Punjab Studies, 18 (1/2): 290 Chandan, Amarjit (May 2011), Punjabi Globalised ( Academy of the Punjab in North America Home page ( Global Institute for Sikh Studies ( Retrieved from \" External links 2/17/25, 12:50 Gurinder Singh Mann - Wikipedia 3/3"} |
7,400 | John Uhlarik | Kansas State University | [
"7400_101.pdf"
] | {"7400_101.pdf": "d781be71b914.html Kansas State U. professor one step closer to trial Jan 17, 2007 by (U-WIRE) MANHATTAN, Kan. - Psychology Professor John Uhlarik is one step closer to his trial after Friday's motions hearing. Uhlarik is charged with stalking former Kansas State University track athlete Gwen Wentland, with whom he had a five-year relationship. Judge Meryl D. Wilson presided during the District Court Division hearing at the Riley County Courthouse. Uhlarik's attorney, Keen Umbehr, began the hearing by requesting that copies of evidence be returned to his client. The Riley County Police Department seized numerous items from Uhlarik's home during a search which led to Uhlarik's arrest in March 2006. The copies of evidence Umbehr asked to be returned were nude photos of Wentland. Umbehr said the photos were not obscene and did not depict a sexual act. Wilson ruled the defense would be allowed to make copies of the originals and then return the originals to the state. Umbehr also motioned for a list of specific instances the state attorney would use during the trial, saying the list of about 50 reported incidences he had was too vague. \"That is trial by ambush,\" Umbehr said don't think the state is going to go down that list and check off each and every one.\" However, State Attorney Bethany Fields said the state intends to use all of the incidences listed. 2/17/25, 12:50 Kansas State U. professor one step closer to trial | | videtteonline.com 1/2 Wilson denied the motion, saying the list given was clear enough. \"Generally speaking, the law doesn't require a criminal act be proven to be committed on a specific date,\" he said don't see how there could be a showing of surprise when the defendant has in possession every incidence that has been alleged,\" he said. Umbehr then motioned some items, mostly photos, taken from Uhlarik's home be limited and not used as evidence. Judge Wilson denied limiting most of these items. Finally, Umbehr asked for a basis of why the courts approved the gaining access to Uhlarik's call records. This led to another motions hearing, scheduled for Feb. 16. Umbehr would not comment on how he felt the hearing went. \"This is a very weak case that the state has based on circumstantial evidence, so any little thing can tip it,\" he said. Fields also declined to comment on the hearing. In response to Umbehr's comment, she said the state has an obligation to proceed with a case they think can be proved. Uhlarik's trial is set to begin at 9 a.m. April 4-5. 2/17/25, 12:50 Kansas State U. professor one step closer to trial | | videtteonline.com 2/2"} |
7,415 | Leroy Sanchez | Luna Community College | [
"7415_101.pdf",
"7415_102.pdf",
"7415_103.pdf"
] | {"7415_101.pdf": "5be0-91f0-11398756afe2.html N.M. college hit with federal lawsuit Jan 9, 2009 VEGAS, N.M. \u2014 Luna Community College is being sued by the U.S. Department of Justice for allegedly discriminating against the college's former academic director. Charlene Ortiz-Cordova has accused the college's former president of sexual harassment, saying he allegedly touched her and made inappropriate comments between October 2005 and April 2006. The lawsuit, filed in federal court Friday, claims the harassment resulted in a hostile work environment, and Ortiz-Cordova was forced to step down from her position. 2/17/25, 12:51 N.M. college hit with federal lawsuit | Local News | santafenewmexican.com 1/1", "7415_102.pdf": "From Casetext: Smarter Legal Research Armijo v. Luna Community College United States District Court, D. New Mexico Mar 21, 2006 Civil No. 04-482 (D.N.M. Mar. 21, 2006) Copy Citation Download Check Treatment Rethink the way you litigate with CoCounsel for research, discovery, depositions, and so much more. Try CoCounsel free Civil No. 04-482 WJ/RLP. March 21, 2006 JOHNSON, District Judge Sign In Search all cases and statutes... Opinion Case details 2/17/25, 12:51 Armijo v. Luna Community College, Civil No. 04-482 | Casetext Search + Citator 1/23 comes before the Court pursuant to Defendant Luna Community College's Motion for Summary Judgment (Doc. 76). Having reviewed the submissions of the parties and being fully advised on the relevant law find the motion is well taken in part and will be granted in part but will otherwise be denied for the reasons that follow Plaintiff, acting pro se at the time, filed her initial Complaint in this matter on May 3, 2004 (Doc. 1) alleging her current claims against several individual Defendants and the Luna Community College Board of Directors and Administrators. These Defendants moved to dismiss. Subsequent to the filing of the motion to dismiss, Plaintiff filed a motion to amend her complaint, and the proposed amended complaint named Luna Community College as the only Defendant. The Court granted the motion to amend, and dismissed all the defendants named in the original complaint. Plaintiff, still acting pro se, filed her First Amended Complaint on May 11, 2005 (Doc. 40). In her First Amended Complaint, Plaintiff alleged claims for discrimination and retaliation *2 under the Americans with Disabilities Act (ADA), 42 U.S.C.A. \u00a7 12101 et seq., and under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. \u00a7\u00a7 621- 632. 2 On July 28, 2005, attorney Gilbert J. Vigil entered an appearance on behalf of Plaintiff. Defendant filed the instant Motion for Summary Judgment in this case on January 13, 2006 (Doc. 76). In the Pre-Trial Order filed subsequent to the Motion for Summary Judgment, Plaintiff's claims are clarified as a discrimination claim under the ADA, a claim under the and a retaliation claim for engaging in related activity. Viewing the evidence in a light most favorable to Plaintiff as the Court must in deciding a motion for summary judgment, the pertinent facts may be summarized as follows. 1 1 Defendant characterizes the retaliation claims as being brought under the and/or the ADEA. Plaintiff characterizes it as a claim brought pursuant to Title VII. Plaintiff was employed with Luna Community College (College), formerly the Luna Vocational Technical Institute, beginning in 1977. At that time she 2/17/25, 12:51 Armijo v. Luna Community College, Civil No. 04-482 | Casetext Search + Citator 2/23 worked as the Head Librarian. Prior administrations at the College allowed Plaintiff to work a flexible (flex) schedule. Her flex schedule usually involved working four full days plus two evenings a week with Friday mornings off. However, if meetings requiring her attendance or other administrative duties arose during hours she was not scheduled to work, she was expected to be at work. She originally began working a flex schedule to meet the needs of students at the College because students requested evening hours at the library, but the schedule also helped her with her medical condition. According to Plaintiff, she believes she made the previous administration aware that she desired the flex schedule both to meet institutional needs but also due to her health issues. She also believes she gave the prior administration information on her medical condition by discussing it at *3 length during a meeting with the previous President, Dr. Pino, and the previous Vice President for Academics, Dr. Arellano. During this previous administration, Dr. Pino was Plaintiff's supervisor. 3 Over the years of her employment, the library did not always have evening hours because the demand for them was not always present. When there was no demand for evening hours, the library would revert to a regular 8:00 a.m. to 4:30 p.m. schedule. When a demand for evening hours arose, Plaintiff would submit a memorandum to the administration requesting the library be open in the evenings and proposing a flex schedule because Plaintiff had no authority to change the hours of the library's operation without the approval of the administration. Over the course of her employment, Plaintiff submitted three to four such memoranda. During prior administrations, none of Plaintiff's requests for a flex schedule was denied. In addition to her job as Head Librarian, Plaintiff was also the Director of the Learning Resource Center. Her job duties included supervising and evaluating employees as well as supervising and coordinating operations of the Learning Resource Center. Plaintiff was also responsible for attending meetings with other directors and persons with supervisory positions at the College. These duties were a constant throughout her years of employment. In 2000, Leroy Sanchez became President of the College. In October 2001, Plaintiff had a blackout. At the time of her blackout, Plaintiff was already working a flex schedule. Plaintiff requested a meeting with the 2/17/25, 12:51 Armijo v. Luna Community College, Civil No. 04-482 | Casetext Search + Citator 3/23 administration to discuss her medical problems. At the meeting, Plaintiff requested a continued flex schedule because she was going to need some time off for medical care and because she was going to need time off in the mornings due to heavy doses of medication she was taking. Dr. Gilbert Sena, Academic Dean with the new administration, was *4 present at the meeting and told Plaintiff she would get whatever she needed. Plaintiff agreed to submit a leave form whenever she needed to be out for medical reasons. 4 In January 2002, Dr. Mel Olivares submitted a letter to Defendant indicating that Plaintiff was ill and undergoing medical testing which required she be excused from work for two weeks in January 2002. Dr. Olivares did not indicate at that time that Plaintiff needed a flex schedule and did not identify Plaintiff's medical condition. On June 20, 2002, Rita Garcia, Human Resources Director, sent a letter to Plaintiff indicating that Plaintiff had adjusted her work schedule without proper approval and had not submitted proper medical documentation of a medical condition requiring an adjustment to her work schedule. At the end of June 2002, Plaintiff submitted to Dr. Gilbert Sena a note from Dr. Olivares indicating that Plaintiff had a cardiac condition requiring medication that caused fatigue and made it difficult for Plaintiff to follow a regular work schedule. Dr. Olivares requested that Plaintiff's needs be accommodated by allowing her to work a flexible schedule. The letter does not specify or describe a recommended flex schedule. However, Plaintiff included a cover memo and schedule with Dr. Olivares' letter indicating her flex work schedule as Monday through Friday from 10:00 a.m. to 6:30 p.m. Dr. Olivares testified that his knowledge of the side effects of Plaintiff's medications was based on Plaintiff's self-report of these side effects. On July 5, 2002, a letter signed by Dr. Sena and Ms. Garcia was hand delivered to Plaintiff. This letter informed Plaintiff that the documentation she had submitted in support of her adjusted work schedule did not meet the requirements of the Family Medical Leave Act or the policies and procedures of the College. The letter further indicated that Plaintiff might be eligible for a reasonable accommodation under the ADA, but that she would need to submit \"appropriate *5 certification\" from her physician indicating she had a recognized disability under the ADA. The letter stated 5 2/17/25, 12:51 Armijo v. Luna Community College, Civil No. 04-482 | Casetext Search + Citator 4/23 that Plaintiff had not, at that time, satisfied the requirements of the or the Family Medical Leave Act with any documentation, and her request for a flex schedule was accordingly denied. The letter informed Plaintiff that, in light of her failure to appropriately support her request for a flex schedule, her work hours were Monday through Friday from 8:00 a.m. to 4:30 p.m. The letter gave detailed information on the Family Medical Leave Act and the information Plaintiff would have to provide to be eligible for leave under that Act but did not provide similar information on the and the information that would be required in an \"appropriate certification\" from her doctor. The letter informed Plaintiff that she might be causing herself and the College to be in violation of Federal requirements under the Family Medical Leave Act. The letter stated that Ms. Garcia was charged with the responsibility of ensuring that the College was in compliance with all employment related issues including Federal and State law. The letter then informed Plaintiff that she was required to work with Ms. Garcia to determine any benefits and/or accommodations. Sometime in July 2002, Dr. Olivares supplemented his earlier letter and specified that Plaintiff's flex schedule should be from 10:00 a.m. to 6:30 p.m. In response to the July 5, 2002 letter from Dr. Sena and Ms. Garcia, Plaintiff sent a memo to Dr. Sena on July 9, 2002. In reference to the statement in the Garcia/Sena letter that Plaintiff's work hours were from 8:00 a.m. to 4:30 p.m., Plaintiff indicated that she believed she would enjoy having evenings with her family. Plaintiff also requested a meeting with Dr. Sena and Ms. Garcia regarding the July 5, 2002 memo. She met with them sometime during the following week. Dr. Sena and Ms. Garcia told *6 Plaintiff that her request for a flex schedule was denied, that the decision was final, and that there was no appeal of the decision. Despite written employment policies that indicated Plaintiff could appeal such a decision to the Board, Plaintiff was told that going to the Board would result in her termination because it would be viewed as not following the chain of command. 6 2/17/25, 12:51 Armijo v. Luna Community College, Civil No. 04-482 | Casetext Search + Citator 5/23 At some time in October 2002, Plaintiff received a verbal and written reprimand for an absence that had not yet occurred. According to Plaintiff, Ms. Garcia had heard that Plaintiff was intending to take annual leave in conjunction with her Christmas break in order to have surgery. Ms. Garcia and Ms. Bustos met with Plaintiff and told her she was not allowed to use annual leave and her Christmas break to have surgery but had to use sick leave instead. She then received both a verbal and written reprimand for her intention to use annual leave to have surgery. Plaintiff was upset by the meeting and reprimand and went immediately to Dr. Michael Lopez that afternoon. He prescribed medication for her stress and wrote a letter for Plaintiff to the College stating that Plaintiff suffered from syncope and chronic back pain. Dr. Lopez indicated in the letter that Plaintiff's problems caused her to be frequently absent from work, and that these absences would continue into the future. However, Dr. Lopez indicated that these absences would be short-term. Plaintiff points out that the information from Dr. Lopez was information regarding medical problems in addition to those identified by Dr. Olivares, and the information from Dr. Lopez did not supplant or replace the information supplied by Dr. Olivares. Plaintiff's evidence indicates that the precise nature of Plaintiff's medical condition was not known at that time, and Plaintiff's various medical providers were confused by her condition. Ms. Rita Garcia conducted a \"leave analysis\" indicating that Plaintiff was not reporting to work on a regular basis and was away from work or arriving late to work for two-thirds of the *7 month of July 2002. Ms. Garcia's analysis also revealed that Plaintiff missed some work during every month examined in the analysis. The analysis indicates that all of the time taken by Plaintiff was taken by using leave time she had earned through her employment. There is no indication that Plaintiff had any absences without leave or any leave without pay. Often, Plaintiff would use leave to come into work late, but would stay late and work without pay to get her work done. Plaintiff then received a letter from Barbara Bustos, Academic Director, informing her that she was not allowed in the building after 4:30 p.m. 7 In November 2002, Plaintiff submitted a further request for a flex schedule based on all the medical information she had submitted to date. This was 2/17/25, 12:51 Armijo v. Luna Community College, Civil No. 04-482 | Casetext Search + Citator 6/23 submitted to Ms. Garcia on a Luna Community College form titled \"Employee Return to Work Medical History Affidavit.\" The form was signed by both Plaintiff and Dr. Olivares. Dr. Olivares specified several medical conditions on the form and indicated that Plaintiff required a modified work schedule from 10:00 a.m. to 6:30 p.m. According to Plaintiff, she had also submitted medical documentation indicating she had a chronic condition requiring life long treatment. During this time frame, several staff persons working for Plaintiff requested reassignment. The President and Academic Dean indicated that staff positions left vacant due to transfers would be filled with other personnel. Three persons were transferred, and only one position was filled. After Plaintiff's blackout in late 2001, Plaintiff's requisitions for materials were not honored, so she was not able to order new materials. She was unable to get computers repaired or replaced. In late 2001, Plaintiff's staff began telling her that they had heard she was retiring and that she had been reprimanded. *8 8 On March 6, 2003, Plaintiff filed a Charge of Discrimination alleging that she was discriminated against on the basis of her age and alleged disability from December 2, 2001 through December 2, 2002. The forwarded a \"Right to Sue\" letter to Plaintiff on November 5, 2003. This letter was mailed to Plaintiff's home address, and Plaintiff admits that she probably received the letter within a week of November 5, 2003. The letter informed Plaintiff that she could proceed with a lawsuit on her claim if she filed suit within 90 days. As previously noted, Plaintiff filed her initial Complaint in this matter on May 3, 2004. Plaintiff contends that she engaged in related activities and other protected activities. The other protected activities included a statement regarding her support of the prior administration at the College and a statement to a newspaper in which she said that \"Luna is going through very hard times; therefore, this is a good time to join a union.\" Plaintiff concedes that her retaliation claim does arise from her age or from her disability. Plaintiff retired from the College in June 2003. She contends that she was forced to leave because of the College's refusal to accommodate her by 2/17/25, 12:51 Armijo v. Luna Community College, Civil No. 04-482 | Casetext Search + Citator 7/23 allowing her a flex schedule and because of the problems with staffing, supplies, repairs, and replacement of items. Plaintiff felt that she had to quit before her health regressed completely. Plaintiff indicates that her medical condition or disability includes not only her cardiac condition, chronic back pain, and the side effects of her medications, but also long-term depression. She had difficulty functioning in the morning because the medications made her groggy. Plaintiff was usually able to begin functioning normally between 9:00 a.m. and 10:30 a.m. Sometimes she was able to function earlier when she had slept better than normal. During her employment when the side effects of her medication were an issue, she was taking her *9 medications between 8:00 p.m. and 9:00 p.m. Following dinner, Plaintiff would retire to bed around 10:30 p.m. to 11:00 p.m. Plaintiff spoke with her doctors about the side effects of her medications. They told her there was no way around the side effects. Plaintiff contends that her medical conditions limited her ability to work, her ability to drive, made it difficult to perform manual tasks, made it difficult to speak and write, and impacted her memory. Plaintiff believes that a flex schedule would have been a reasonable accommodation. She contends she did not need leave under the Family Medical Leave Act but only needed a reasonable accommodation. 9 On February 13, 2004, Plaintiff suffered from a severe blackout. Plaintiff's doctors do not know the cause of the blackout and are still trying to find a diagnosis. Plaintiff's doctors told her she would be able to return to work if she went a year without a relapse or a blackout. In this case, Plaintiff seeks to recover lost wages and retirement benefits until an anticipated retirement date in 2007. Defendant points out that Plaintiff would not be present at the library or the Learning Resource Center between 8:00 a.m. and 10:00 a.m. if she were allowed to work a flex schedule. Defendant notes that nobody else within the library was responsible for Plaintiff's duties of overall supervision and coordination and these duties were thus not covered during Plaintiff's absence. Plaintiff notes that the library hours when she was requesting a flex schedule were from 8:00 a.m. to 9:00 p.m., and whether she worked her regular schedule or her flex schedule, there were hours of operation when 2/17/25, 12:51 Armijo v. Luna Community College, Civil No. 04-482 | Casetext Search + Citator 8/23 she was not present. Plaintiff points out that her job did not require she be present during all hours of operation, her job sometimes required travel which left the operations of the library and Learning Resource Center in other hands, and she, like other employees, earned *10 leave time and was permitted to take time off. According to Plaintiff, all of her staff were cross trained and could handle multiple responsibilities. 10 In its motion for summary judgment, Defendant argues it is entitled to summary judgment on Plaintiff's claims because Plaintiff is not a qualified individual with a disability under the ADA, because Plaintiff did not participate in the interactive process required under regulations, because Plaintiff is unable to perform the essential functions of her job with or without accommodation, and because the accommodation requested by Plaintiff would have imposed an undue hardship on Defendant. Defendant contends it is entitled to summary judgment on Plaintiff's claim because it is time barred. Defendant urges it is entitled to summary judgment on Plaintiff's retaliation claims because she did not engage in protected activity and because she did not suffer an adverse employment action Summary judgment is appropriate when there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56; Worrell v. Henry, 219 F.3d 1197, 1204 (10th Cir. 2000). The burden of showing an absence of a genuine issue of material fact falls upon the moving party. See Adler v. Wal-Mart Store, Inc., 144 F.3d 664, 670 (10th Cir. 1998). However, when the moving party does not bear the ultimate burden of persuasion at trial, it may satisfy its burden at the summary judgment stage by pointing out to the Court that there is an absence of evidence to support the nonmoving party's case. Celotex Corp. v. Catrett, 477 U.S. 317, 322-23 (1986); Adler, 144 F.3d at 671. The nonmoving party must then go beyond the pleadings to set forth specific facts showing that there is a genuine issue for trial sufficient to support a verdict for the nonmovant. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, *11 248-49 (1986). In ruling on a motion for summary judgment, a Court does not weigh the evidence, but determines whether the evidence presents a sufficient disagreement to 11 2/17/25, 12:51 Armijo v. Luna Community College, Civil No. 04-482 | Casetext Search + Citator 9/23 require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law. Jeffries v. State of Kansas, 147 F.3d 1220, 1228 (10th Cir. 1998) (abrogated on other grounds byBurlington Industries, Inc. v. Ellerth, 524 U.S. 742, 118 S.Ct. 2257, 141 L.Ed.2d 633 (1998) and Faragher v. City of Boca Raton, 524 U.S. 775, 118 S.Ct. 2275, 141 L.Ed.2d 662 (1998)). In making this determination, the Court must construe all the facts in the record and reasonable inferences that can be drawn from those facts in a light most favorable to the nonmoving party.Worrell, 219 F.3d at 1204; Jeffries, 147 F.3d at 1228 Defendant urges that Plaintiff's claim is time barred. Defendant contends that Plaintiff's retaliation claim must fail because she did not engage in protected activity, did not suffer an adverse employment action, and there is no causal connection between any protected activity and an adverse employment action. In her Response, Plaintiff concedes to the dismissal of her claim under the and her retaliation claim. Accordingly, these claims will be dismissed Defendant notes that Plaintiff's First Amended Complaint did not explicitly raise constructive discharge but did allege that Plaintiff was forced to retire. Because Plaintiff was acting pro se when she filed the First Amended Complaint, Defendant addressed this allegation in its Motion for Summary Judgment. However, Defendant addresses it as a separate and *12 independent \"claim\" rather than as a factual allegation supporting a claim. Plaintiff's response, in turn, addresses the constructive discharge allegation as if it represents a separate claim. 12 Constructive discharge is not an independent cause of action, such as a tort or a breach of contract. Such a claim is often tied to a Plaintiff's claims of age, sex, race or disability discrimination or retaliation. In order to prevail 2/17/25, 12:51 Armijo v. Luna Community College, Civil No. 04-482 | Casetext Search + Citator 10/23 on discrimination or retaliation claims, a Plaintiff must prove that she suffered an adverse employment action, and a Plaintiff may satisfy this burden by showing that she was terminated by her employer. See e.g., Sanchez v. Denver Public Schools, 164 F.3d 527, 532 (10th Cir. 1998) (noting that discharge from employment is an adverse employment action under Title and the ADEA). Rather than proving actual discharge, a plaintiff may demonstrate that she was constructively discharged. See Bolden v Inc., 43 F.3d 545, 552 (10th Cir. 1994) (\"An employee who is not formally discharged from employment may still be constructively discharged . . .\") This Court is not aware of, and the parties have not presented, any authority suggesting that constructive discharge is a separate cause of action under federal law. See Id. (noting in a Title race discrimination and retaliation case that the constructive discharge must be due to race-based, intolerable working conditions); But cf. Mackenzie v. City and County of Denver, 414 F.3d 1266, 1281 (10th Cir. 2005) (granting summary judgment to defendants on a plaintiff's separate claim of constructive discharge without addressing whether it is a separate, independent cause of action). Conversely, there is an abundance of authority that constructive discharge is not a separate cause of action but is a means of establishing the discharge component of a prima facie case of discrimination or retaliation. See, e.g., Kimsey v. Akstein, 408 F.Supp.2d 1281, 1295 n. 8 (N.D.Ga. 2005). Thus, the Court will *13 analyze Plaintiff's allegation of constructive discharge as an alleged adverse employment action going to her only remaining claim \u2014 a claim of discrimination under the ADA. 13 An employee who is not formally discharged may still have been constructively discharged if the employee was forced to quit due to intolerable working conditions. Bolden v. PRC, Inc., 43 F.3d 545, 552 (10th Cir. 1994). In determining whether a plaintiff voluntarily resigned or was constructively discharged, the Court must consider the totality of the circumstances under an objective standard. Yearous v. Niobrara County Mem'l Hosp., 128 F.3d 1351, 1356 (10th Cir. 1997). \"Constructive discharge occurs when the employer by its illegal discriminatory acts has made working conditions so difficult that a reasonable person in the employee's position would feel compelled to resign.\" Sanchez, 164 F.3d at 534. \"If an employee resigns of her own free will, even as a result of the employer's 2/17/25, 12:51 Armijo v. Luna Community College, Civil No. 04-482 | Casetext Search + Citator 11/23 actions, that employee will not be held to have been constructively discharged.\" Jeffries, 147 F.3d at 1233; Parker v. Bd. of Regents of Tulsa Junior College, 981 F.2d 1159 (10th Cir. 1992). \"Essentially, a plaintiff must show that she had no other choice but to quit.\"Sanchez, 164 F.3d at 534. The standard for constructive discharge is objective. Therefore, the issue is whether a reasonable person in Plaintiff's position would have viewed the working conditions as intolerable. Jeffries, 147 F.3d at 1233;Derr v. Gulf Oil Corporation, 796 F.2d 340, 343 (10th Cir. 1986). The Plaintiff's subjective views of the working conditions are irrelevant. Sanchez, 164 F.3d at 534. Viewing the evidence in a light most favorable to Plaintiff shows she was working a flex schedule at the College until she requested that she be able to continue the flex schedule due to a medical condition in October 2001. After making this request, Rita Garcia, Human Resources Director, informed Plaintiff that Plaintiff had changed her own schedule without proper *14 authorization and without providing sufficient documentation to support any claim of disability. Ms. Garcia and Dr. Sena then informed Plaintiff in July 2002 that her request for a flex schedule was denied, that the decision was final and that she would be fired if she attempted to appeal this decision to the Board. Plaintiff responded to this in a letter stating that she would enjoy having evenings with her family. 14 After October 2001, Plaintiff's requests for supplies and materials began to be denied and she was unable to get computers repaired or replaced. Four of Plaintiff's staff were transferred out of the library, and only one of the positions was filled leaving Plaintiff understaffed. After her request for a flex schedule was denied, Plaintiff began using sick leave to come into work late. She would often stay late without pay to get her work done. She was then informed by Barbara Bustos, Academic Director, that she was not allowed to be in the building after her normal work hours. In late 2001, Plaintiff's staff began telling her they had heard she had been reprimanded and that she was retiring. Some time in October 2002, a year after Plaintiff had her initial blackout, Rita Garcia and Barbara Bustos gave Plaintiff a written and verbal reprimand for intending to use vacation time to have surgery. In November 2002, Plaintiff made a new request for a flex schedule. There is no indication that 2/17/25, 12:51 Armijo v. Luna Community College, Civil No. 04-482 | Casetext Search + Citator 12/23 this request was addressed by the College. Plaintiff retired from the College in June 2003. Plaintiff contends she was forced to resign because her flex schedule was denied. Even considering the totality of the circumstances, Plaintiff was not exposed to such objectively intolerable working conditions that she was forced to retire. Though she was deprived of a fully staffed library, had difficulty getting supplies and repairs and had her request for a flex schedule denied, her working conditions were not made so difficult that a reasonable person *15 would have felt compelled to retire. Plaintiff's retirement does not even appear to be related to the circumstances that Plaintiff alleges forced her to retire. Plaintiff retired more than a year and a half after she had her October 2001 blackout and almost a year after her request for a flex schedule was denied. Even viewing the facts in a light most favorable to Plaintiff, her retirement was voluntary and she was not constructively discharged. 15 (ADA) The mandates that \"[n]o covered entity shall discriminate against a qualified individual with a disability.\" 42 U.S.C. \u00a7 12112(a). Discrimination includes \"not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee. . . .\" 42 U.S.C. \u00a7 12112(b)(5)(A). Discrimination also includes harassment sufficient to create a hostile work environment. Lanman v. Johnson County, Kan., 393 F.3d 1151, 1156 (10th Cir. 2004). To prevail on her claim, a plaintiff must show that (1) she is a disabled person as defined by the ADA; (2) she is qualified, with or without reasonable accommodation, to perform the essential functions of the job held or desired; and (3) her employer discriminated against her because of her disability.Mackenzie v. City and County of Denver, 414 F.3d 1266, 1274 (10th Cir. 2005). There is no dispute that, at all times during her employment at the College, Plaintiff was qualified, with or without reasonable accommodation, to perform the essential functions of *16 her job. What is disputed in this case is whether Plaintiff is a qualified person 16 2 2/17/25, 12:51 Armijo v. Luna Community College, Civil No. 04-482 | Casetext Search + Citator 13/23 with a disability under the and whether Defendant discriminated against her on the basis of such disability. 2 Defendant argues that Plaintiff is no longer qualified with or without accommodation because a blackout in February 2004 after Plaintiff retired rendered Plaintiff incapable of working. Even if true, this goes to the issue of damages rather than whether or not the Defendant discriminated against Plaintiff based on a disability before February 2004. A. Is Plaintiff a Person with a Disability Under the ADA? To meet the first prong of the prima facie case, Plaintiff must first show that she is a person with a disability under the ADA. The defines a disability as either (1) a physical or mental impairment that substantially limits one or more of an individual's major life activities; (2) a record of such an impairment; or (3) being regarded as having such an impairment. 42 U.S.C. \u00a7 12102(2). Plaintiff's pleadings appear to allege that she is regarded as disabled and that she has a physical impairment that substantially limits several major life activities. 1. Is Plaintiff Regarded as Disabled? Plaintiff's pleadings make vague reference to being regarded as disabled thus appearing to allege that Plaintiff meets the third criteria for being a person with a disability under the person is regarded as disabled when (1) a covered entity mistakenly believes that a person has a physical impairment that substantially limits one or more major life activities, or (2) a covered entity mistakenly believes that an actual, nonlimiting impairment substantially limits one or more major life activities. Lanman v. Johnson, 393 F.3d 1151, 1156 (10th Cir. 2004). Plaintiff presents no evidence or argument that she was mistakenly believed to have a physical impairment or was mistakenly believed to be substantially limited in any major life activity. Accordingly, she is not regarded as disabled. *17 17 2. Does Plaintiff Have a Physical or Mental Impairment that Substantially Limits a Major Life Activity? In determining whether a plaintiff has a physical or mental impairment that substantially limits a major life activity, a court must (1) consider whether 2/17/25, 12:51 Armijo v. Luna Community College, Civil No. 04-482 | Casetext Search + Citator 14/23 the plaintiff's alleged disability is a physical or mental impairment; (2) identify the life activity upon which the plaintiff relies and determine whether it constitutes a major life activity; and (3) examine whether there is a fact issue with regard to whether the impairment substantially limited the major life activity.Mackenzie, 414 F.3d at 1275. \"Whether the plaintiff has an impairment within the meaning of the is a question of law for the court to decide. Whether the conduct affected is a major life activity for purposes of the Act is also a legal question for the court. However, ascertaining whether the impairment substantially limits [a] major life activity is a factual question for the jury.\" Doebele v. Sprint/United Management Co., 342 F.3d 1117, 1129 (10th Cir. 2003 physical impairment under the is \"any physiological disorder or condition . . . affecting one or more of the following body systems: . . . cardiovascular.\" 29 C.F.R. \u00a7 1630.2(h)(1). The evidence shows that Plaintiff had a cardiac condition. Thus, she has a physical impairment under the ADA. Major life activities include functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. 29 C.F.R. \u00a7 1630.2(i). Plaintiff has provided evidence that she takes medications for her conditions, and the side effects of these medications cause her to feel groggy and impaired her ability to function in the morning. According to Plaintiff, her physical impairments limited her ability to work, made her unable to *18 drive, made it difficult to perform manual tasks, made it difficult to speak in conversation, made it difficult to write professional reports, and impacted her memory. 18 While memory is not listed as a major life activity in the regulations, the list is not exhaustive. See Poindexter v. Atchison, Topeka Santa Fe Ry. Co., 168 F.3d 1228, 1231 (10th Cir. 1999). Learning is listed, and memory is sufficiently related to learning that conclude that memory or remembering is a major life activity. Writing and driving are also not listed as major life activities in the regulation but are qualitatively different from those listed. The listed activities are either activities persons of average capability do nearly instinctively at birth such as breathing or are basic skills that persons of average capability learn automatically through exposure and experience such as speaking. Writing is a learned skill that some persons of average 2/17/25, 12:51 Armijo v. Luna Community College, Civil No. 04-482 | Casetext Search + Citator 15/23 capability do not acquire. While persons who cannot write may have greater difficulties in life than persons who can conclude that writing is not a major life activity under the regulations. Driving is similarly a learned skill that many people of average capability do not acquire. In most states, driving is a privilege that requires a license and can be revoked conclude that driving is not a major life activity under the regulations. See, e.g., Chenoweth v. Hillsborough County, 250 F.3d 1328, 1329 (11th Cir. 2001) (driving is not a major life activity). Working, performing manual tasks and speaking are major life activities under the regulations person is substantially limited in a major life activity if she is (1) unable to perform a major life activity that the average person in the general population can perform; or (2) if she is significantly restricted as to the condition, manner or duration under which she can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity. *19 29 C.F.R. \u00a7 1630.2(j). As noted, whether a person is substantially limited in a major life activity is an issue of fact. Therefore, summary judgment on this basis is not appropriate unless no reasonable jury could find that Plaintiff's impairment substantially limited her major life activities. 19 Plaintiff's evidence does not indicate that she is completely unable to perform any of the identified major life activities. Thus, Plaintiff's evidence must be such that a reasonable jury could conclude that Plaintiff is significantly restricted as to the condition, manner or duration under which she can perform the identified major life activities. By Plaintiff's affidavit testimony, she has difficulty doing manual tasks and can no longer do yard work and gardening. Plaintiff gives no further information on the extent of the limitations on her ability to do manual tasks conclude that no reasonable jury could find, based on this evidence, that Plaintiff is substantially limited in her ability to do manual tasks. With regard to speaking, Plaintiff states that she tires easily and has trouble with mental focus and has trouble speaking in conversation. She gives no further information on the limitations on her speech conclude that no 2/17/25, 12:51 Armijo v. Luna Community College, Civil No. 04-482 | Casetext Search + Citator 16/23 reasonable jury could find that Plaintiff is substantially limited in her ability to speak. Plaintiff's affidavit testimony indicates that her difficulty with mental focus also affects her memory. She does not describe her memory deficits or give any detail on the effect her impairment has on her memory conclude that no reasonable jury could find that Plaintiff is substantially limited in her ability to remember. Plaintiff's evidence shows she had substantial difficulty working before 10:00 a.m. and had to use substantial amounts of sick leave during the morning hours in order to continue working conclude that a reasonable jury could find that Plaintiff's difficulty working before 10:00 a.m. is a *20 substantial limitation on the activity of working because it restricts the manner and duration under which she could work compared to the average person. Thus, there are issues of fact with regard to whether Plaintiff is a person with a disability under the ADA. 20 B. Assuming Plaintiff is a Person with a Disability under the ADA, Is There Evidence That Defendant Discriminated Against Plaintiff Because of Her Disability? Plaintiff alleges two types of discrimination \u2014 hostile work environment discrimination and failure to make a reasonable accommodation. The claim for hostile work environment discrimination is analyzed using the McDonnell Douglas framework. However, the claim that Defendants failed to make a reasonable accommodation is analyzed differently. Colorado Cross Disability Coalition v. Hermanson Family Ltd. Partnership I, 264 F.3d 999, 1006 n. 9 (10th Cir. 2001) (McDonnell Douglas burden shifting does not apply disability discrimination claims based on failure to accommodate). 1. Is Defendant Entitled to Summary Judgment on Plaintiff's Claim that it Discriminated Against Plaintiff on the Basis of Disability by Creating a Hostile Work Environment? Under the McDonnell Douglas framework, (1) a plaintiff bears the initial burden of establishing a prima facie case of discrimination; (2) the burden then shifts to the defendant to offer a legitimate, nondiscriminatory reason 2/17/25, 12:51 Armijo v. Luna Community College, Civil No. 04-482 | Casetext Search + Citator 17/23 for it employment decision; and (3) the burden shifts back to the plaintiff to show a genuine issue of fact as to whether the defendant's proffered reason is a pretext for discrimination. See Mackenzie, 414 F.3d at 1274 (applying the McDonnell Douglas framework in an case). The only part of the prima facie case at issue is whether there is evidence of discrimination. *21 21 Hostile work environment harassment occurs \"where conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating hostile or offensive working environment.\" Meritor Sav. Bank v. Vinson, 477 U.S. 57, 65 (1986). For harassment to be actionable, it must be sufficiently severe or pervasive to alter the conditions of [plaintiff's] employment and create an abusive working environment.\" Meritor Sav. Bank v. Vinson, 477 U.S. 57, 67 (1986). The harassing conduct must be \"both objectively and subjectively abusive.\" Turnbull v. Topeka State Hospital, 255 F.3d 1238, 1243 (10th Cir. 2001). There is no \"mathematically precise test\" for determining whether conduct is sufficiently severe or pervasive. Harris v. Forklift Sys., Inc., 510 U.S. 17, 22 (1993). Some factors to be weighed include \"the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee's work performance.\" Id. at 23. The existence of harassment must be determined \"in light of the record as a whole.\" Meritor, 477 U.S. at 69 (quoting 29 C.F.R. \u00a7 1604.11(b) (1985)) (internal quotation marks omitted). Thus, this Court must examine the totality of the circumstances in reviewing the summary judgment motion with regard to Plaintiff's hostile environment claims. See Davis v. U.S. Postal Svc., 142 F.3d 1334, 1341 (10th Cir. 1998). For a hostile environment claim to survive summary judgment, an employee must show that a rational jury could find that the workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of employment and create an abusive working environment. O'Shea v. Yellow Tech. Serv., Inc., 185 F.3d 1093, 1097 (10th Cir. 1999) (quotations and citations omitted). *22 22 Additionally, the conduct considered by the Court must be discriminatory conduct in that it is harassment because of Plaintiff's disability. No matter how unpleasant Plaintiff's work environment became, if the unpleasantness 2/17/25, 12:51 Armijo v. Luna Community College, Civil No. 04-482 | Casetext Search + Citator 18/23 in not due to her disability, she has not been the victim of disability discrimination based on that environment. Cf. Stahl v. Sun Microsystems, Inc., 19 F.3d 533, 538 (10th Cir. 1994) (For Title sexual harassment claim, \"If the nature of an employee's environment, however unpleasant, is not due to her gender, she has not been the victim of sex discrimination as a result of that environment.\"); see also Faragher v. Boca Raton, 524 U.S. 775, 786 (1998) (citing 42 U.S.C. \u00a7 2000e-2(a)(1)) (Title forbids harassment actions taken on the basis of sex) (emphasis added); Smith v. Norwest Financial Acceptance, Inc., 129 F.3d 1408, 1412 (10th Cir. 1997) (citing Meritor Sav. Bank v. Vinson, 477 U.S. 57, 65 (1986)) (Title hostile work environment harassment requires unwelcome sexual conduct) (emphasis added). In addition to her allegations regarding Defendant's refusal to allow her to work a flex schedule, Plaintiff alleges that she was not permitted to work late, that her requests for materials were not honored, and she was unable to get computers replaced or repaired. Additionally, of four staff positions that became vacant after October 2001, only one was filled. Finally, her staff were apparently hearing rumors that Plaintiff had been reprimanded and would be retiring. The record does not indicate the period of time over which these event occurred other than to state that they began after October 2001. Nor is there any indication of how many times a request for materials, computer repairs or computer replacement was denied. Thus, there is no evidence that these events occurred with any great frequency or was in any way pervasive enough to create a hostile work environment. *23 23 These events, even in their totality, were not sufficiently severe to create a hostile work environment. These events were not threatening, humiliating or offensive. The conduct did not permeate Plaintiff's workplace with discriminatory intimidation, ridicule, and insult. While Plaintiff's difficulty obtaining materials, the reduction in her staff, and her inability to repair or replace computers likely interfered with her ability to perform her work, there is an absence of evidence that these events had any connection to Plaintiff's disability. Thus, Plaintiff has failed to make a prima facie showing 2/17/25, 12:51 Armijo v. Luna Community College, Civil No. 04-482 | Casetext Search + Citator 19/23 of hostile work environment disability discrimination in violation of the ADA. 2. Are There Disputed Issues of Material Fact as to Whether Defendant Discriminated Against Plaintiff on the Basis of Disability by Refusing to Provide a Reasonable Accommodation? The requires an employer to make reasonable accommodation to the known physical or mental limitations of a qualified individual with a disability unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of its business. 42 U.S.C. \u00a7 12112(b)(5)(A). The federal regulations implementing the envision an interactive process that requires participation by both parties. Smith v. Midland Brake, Inc., 180 F.3d 1154, 1171 (10th Cir. 1999). Plaintiff's claim rests on her allegation that she requested a reasonable accommodation when she requested a flex schedule. Defendant contends that Plaintiff's claim of discrimination based on failure to provide reasonable accommodation fails because Plaintiff did not participate in the \"interactive process\" contemplated under the and because Plaintiff's requested accommodation would have imposed an undue hardship on Defendant. *24 24 The interactive process referred to by Defendant is an informal process to determine the appropriate reasonable accommodation for an employee. 29 C.F.R. \u00a7 1630.2(o)(3). Generally, the employee is responsible for initiating the interactive process by providing notice to the employer of the his or her disability, any resulting limitations, and a desire to remain employed. Smith v. Midland Brake, Inc., 180 F.3d 1154 (10th Cir. 1999). In order to initiate the process, it is enough for a plaintiff to notify the employer of the nature of her disability and specifically request information about possible accommodation. Woodman v. Runyon, 132 F.3d 1330, 1345 (10th Cir. 1997). An employee need not use magic words to initiate the interactive process and request a reasonable accommodation. Davoll v. Webb, 194 F.3d 1116, 1132 n. 8 (10th Cir. 1999) (citing Smith, 180 F.3d at 1172). Once an employee initiates the process, it becomes the employer's burden to assist the employee in identifying a reasonable accommodation.Woodman, 132 F.3d at 2/17/25, 12:51 Armijo v. Luna Community College, Civil No. 04-482 | Casetext Search + Citator 20/23 1345. Both parties have an obligation to interact in good faith to determine how to reasonably accommodate the employee. Davoll, 194 F.3d at 1132 n. 8. In this case, Plaintiff met with the administration in late 2001, informed them of her medical condition and requested she be able to continue to work the flex schedule she was already working. At the end of June 2002, Plaintiff submitted a note from her doctor that she had a cardiac condition requiring medication that caused fatigue and made it difficult for her to follow a regular work schedule. Defendant requested further information, and Plaintiff made attempts to provide that information. Plaintiff's conduct was sufficient to initiate the interactive process reasonable jury could find that Plaintiff made a good faith effort to participate in an interactive process with *25 Defendant. Accordingly, Defendant's argument that it is entitled to summary judgment because Plaintiff failed as a matter of law to participate in the interactive process is without merit. 25 \"The employer . . . bears the burden of persuasion on whether a proposed accommodation would impose an undue hardship.\" Colorado Cross Disability Coalition v. Hermanson Family Ltd. Partnership I, 264 F.3d 999, 1006 (10th Cir. 2001); Rascon v. U.S. West Communications, Inc., 143 F.3d 1324, 1334 (10th Cir. 1998) (quoting Smith v. Ameritech, 129 F.3d 857, 866 (6th Cir. 1997)). To meet this burden, an employer may not merely speculate that a suggested accommodation is not feasible. Woodman, 132 F.3d at 1345. \"When accommodation is required to enable the employee to perform the essential functions of the job, the employer has a duty to gather sufficient information from the applicant and qualified experts as needed to determine what accommodations are necessary to enable the applicant to perform the job. . . .\" Id. (citing Buckingham v. United States, 998 F.2d 735, 740 (9th Cir. 1993)). The definition of \"reasonable accommodation\" lists the kinds of reasonable accommodations that may be required of an employer and includes the modification of work schedules. 42 U.S.C. \u00a7 12111(9)(B). The definition of \"undue hardship\" is an action requiring significant difficulty or expense, when considered in light of . . . (i) the nature and cost of the 2/17/25, 12:51 Armijo v. Luna Community College, Civil No. 04-482 | Casetext Search + Citator 21/23 42 U.S.C. \u00a7 12111(10). *26 accommodation . . . (ii) the overall financial resources of the facility . . . involved in the provision of the reasonable accommodation; the number of persons employed at such facility; the effect on expenses and resources, or the impact otherwise of such accommodation upon the operation of the facility; (iii) the overall financial resources of the covered entity . . .; and (iv) the type of operation or operations of the covered entity, including the composition, structure, and functions of the workforce of such entity; the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to the covered entity. 26 Defendant contends that the accommodation requested by Plaintiff would have imposed an undue hardship on the College because Plaintiff needed to be physically present in the Learning Resource Center from 8:00 a.m. to 4:30 p.m. to provide supervision and evaluation of employees as well as to ensure the proper operation of the library. Plaintiff's evidence shows that the flex schedule she requested as a reasonable accommodation had been approved during previous administrations and that Plaintiff was working a flex schedule at the time she requested a reasonable accommodation with her request being merely that the schedule continue. The evidence also shows that she was not required to be physically present during all the hours of the library operation when the library was open for extended hours, and Plaintiff was not physically present in the library when using earned leave or when her job required travel. From this evidence, a reasonable jury could find that the requested accommodation was feasible and would not impose an undue hardship on the Defendant. Defendant has thus failed to meet its burden of showing it is entitled to summary judgment because the requested accommodation would impose upon it an undue hardship that Defendant Luna Community College's Motion for Summary Judgment (Doc. 76) is hereby as described herein. *1 1 2/17/25, 12:51 Armijo v. Luna Community College, Civil No. 04-482 | Casetext Search + Citator 22/23 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, 12:51 Armijo v. Luna Community College, Civil No. 04-482 | Casetext Search + Citator 23/23", "7415_103.pdf": "Case 1:09-cv-00018 Document 135 Filed 05/11/10 Page 1 of 9 At Albuquerque 1 \u00b71 2010 AMERICA, Plaintiff, V, No 09-00018 CO1 COLLEGE, Defendant This matter is before the Court with the full and informed consent of the parties, Plaintiff United States of America (\"the United States\"), and Defendant Luna Community College (\"Luna\"), in order to settle all claims and charges raised in the United States' Complaint in the above-captioned case (\"the lawsuit\") and reflected in Charge Number 543-2007-00004 complaint''), The parties have resolved their . differences and agree that the lawsuit_should ~e _settled to furtherthe interes~ of justice . and to avoid the burden of protracted litigation, Through this Agreement the lawsuit shall be dismissed with prejudice, with the Court retaining jurisdiction and venue for the limited purpose of enforcing this Agreement J, The parties agree and acknowledge that this Agreement is final and binding upon them as to all claims raised in the Complaint filed in the lawsl1it 2, The parties agree and acknowledge that they have entered into this Agreement without reservation or condition, and they :fiuther agree that this Agreement shall not Case 1:09-cv-00018 Document 135 Filed 05/11/10 Page 2 of 9 constitute an adjudication or finding on the merits of the lawsuit, nor shall it be construed as a j11dgment against Luna or as an admission or finding of any wrongdoing or violation of any Federal law or regulation. 3. The parties aclmowledge that Luna and Plaintiff-Intervenor Charlene Ortiz- Cordova have entered into a separate settlement agreement that resolves all claims for monetary damages in this case to the satisfaction of the United States. 4. The parties agree and acknowledge that this Agreement is subject to Federal Rule of Evidence 408. 5. The parties agree and acknowledge that they have consulted with legal counsel and liave been fully advised of the meaning and consequences of entering and executing this Agreement. The parties further agree and acknowledge that they have read and fully understand the t=s of this Agreement, and that they freely and voluntarily enter into and execute this Agreement without undue influence from any person or entity and without relying on any promises or statements not expressly set forth herein. 6. The parties agree and aclmowledge that a signatory to this document in a representative capacity for either party represents that he/she is authorized to bind that ' party to this Agreement. 7. The t=s of this Agreement are and shall be binding upon the parties. 8. \u00b7 If any provision of this Agreement is found to be unlawful, only the provision in question shall be affected, and all other provisions shall remain in full force and effect 9. This Agreement constitutes the entire agreement and commitment of the parties . .Any modifications to this Agreement must be ratified by the parties in a signed writing. 2 Case 1:09-cv-00018 Document 135 Filed 05/11/10 Page 3 of 9 10. This Agreement is effective on the date that it is entered by the Court. 11. All documents and notifications to which the United States is entitled pursuant this Agreement, and any requests for documents made by Luna pursuant to this Agreement, shall be delivered subject to the deadlines and other conditions set forth herein to: Chief Employment Litigation Section U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue Patrick Henry Building Room4040 Washington 20579 12. All documents and notifications to which Luna is entitled pursuant this Agreement, and any requests for documents made by the United States pursuant to this Agreement, shall be delivered subject to the deadlines and other conditions set forth herein to: Kevfu Brown, Esq. Joel Young, Esq. Brown Law Finn 2901 Juan Tabo Boulevard, NB, Suite 208 Albuquerque 87112 ill. F1NDINGS 13. Having examined this Agreement, this Court finds the following: a. This Court has jurisdiction over the parties and subject matter of the lawsuit for the limited purposes of entering and enforcing this Agreement. Venue is proper for the same limited purposes. b. The terms and provisions of this Agreement are fair, reasonable, and just. 3 Case 1:09-cv-00018 Document 135 Filed 05/11/10 Page 4 of 9 c. This Agreement adequately protects the rights oft.he parties. d. This Agreement conforms with the Federal Rules of Civil Procedure and Title of the Civil Rights Act of 1964, as amended (''Title VII\"),\u00b7 and is not in derogation of the rights and privileges of any person or party to the lawsuit or of any person described in the complaint e. Entry and enforcement oft.his Agreement 'Will further the objectives of Title and is in the best interests of the parties. f. Luna and Plaintiff-Intervenor Charlene Ortiz-Cordova have entered into a separate settlement agreement that resolves alI claims for monetary damages in this case to the . .satisfaction of the United States. 1. It is therefore A. Sexual Harassment Policies 14. Luna, including its officers and employees, agrees not to engage in practices or policies that have the purpose or effect of qreating a sexually hostile work environment for any of its employees. 15. Luna, including its officers and employees, agrees not to retaliate against or adversely affect any person because that person has opposed discriminatory policies or . practices, complained of harassment, filed an charge, or participated in or cooperated with the initiation, investigation, litigation, and/or administration oft.his lawsuit or this Agreement. 4 .. .::. Case 1:09-cv-00018 Document 135 Filed 05/11/10 Page 5 of 9 \u2022 16. The United States hereby acknowledges that Luna has drafted amendments to its sexual harassment policy and related employee handbook provisions. Within forty-five ( 45) days from the date of entry of this Agreement, Luna shall deliver an updated sexual harassment policy and related employee handbook provisions to the United States for review and certification. 17. Within thirty (30) days ofreceiving Luna's policy and the related handbook provisions, the United States agrees to review them and either certify that they are consistent with the goals of Title and applicable guidelines, or submit proposed revisions to Luna. 18.- In the event that the United States submits proposed revisions to Luna pursuant to Paragraph 17, \u00a7!ll'.lm, the parties agree to work cooperatively untii'both parties are satisfied that Luna's policy and the related handbook provisions are consistent with Title and the goals of Luna. 19. Within thirty (30) days ofreceiving the United States' certification, Luna shall post on its website the sexual harassment po!i\"cy and related handbook provisions reviewed and certified by the United States, as set forth in Paragrllph 17, and Luna shall notify all employees of the posting. The posting shall remain accessible by all Luna employees \u00b7and by the public for the duration of this Agreement. 20. For the duration of this Agreement, Luna shall post all proposed modifications to its sexual harassment policy on its website with an email address or link to allow employees to submit comments for review and consideration by Luna. 5 Case 1:09-cv-00018 Document 135 Filed 05/11/10 Page 6 of 9 21. For the duration of tbis Agreement, Luna shall notify the United States of any proposed amendments to its sexual harassment policy and allow the United States thirty (30) days to provide comments. Luna shall consider such comments before implementing any amendments to its policy. B. Employee Training 22. For the duration oftbis Agreement, Luna shall provide mandatory training twice annually to all of its employees regarding its sexual harassment policy. Certificates of completion shall be placed in each employee's file. Adjunct instructors shall sign a form acknowledging that they have reviewed and understand Luna's sexual harassment policy. 23. Within thirty (30) days of receiving the sexual harassment policy and related handbook provisions certified by the United States as set forth in Paragraphs 17 and 18, Luna shall provide the United States with copies of its sexual harassment training materials. Luna shall then allow the United States fifteen (15) business days to provide comments. Luna shall consider such comments before conducting training regarding its sexual harassment policy. C. Records Retention and Disclosure 24. Luna agrees to retain the following records pursuant to its document retention practices or applicable Federal guidelines, whichever period is songer: a. All documents related to written or verbal complaints of sexual harassment perpetrated by Luna's employees, supervisors, administrators, or its President; and 6 <, Case 1:09-cv-00018 Document 135 Filed 05/11/10 Page 7 of 9 b. All documents related to iiJleged retaliation by Luna against any employee who files a complaint of sexual harassment or participates or cooperates with any complaint, claim, or investigation of sexual harassment. 25. Luna will provide the United States with copies of all complaints it receives after entry of this Agreement by the Court, whether written or verbal and.memorialized in writing, alleging sexual harassment or retaliation as described in Paragraph 24. Luna will provide such copies exactly 90 days after entry of this Agreement by the Court, and every 90 days thereafter for the duration of this Agreement. .v 26. In exchange for the equitable relief specified herein, the United States agrees to dismissal of the lawsuit with prejudice, and further agrees to fully and imconditionally release and discharge Luna and all of its current and former officials, board members, employees, agents, representatives, insurers, successors, and assigns, including, without limitation, Leroy Sanchez, New Mexico Public School Insurance Authority and Cannon Cochran Management Services, Inc., and their current and former officials, employees, agents, representatives, re-insurers, successors, and assigns (hereinafter, collectively \"Releasees'') from all legal and equitable claims, suits, or causes of action that the United States had or may ever have hereafter that relate to Ortiz-Cordova's former employment at Luna, or are as a result of the incident, actions, and omissions alleged in the lawsuit and in the complaint, including claims for any physical injury, psychological, economic, professional, creative, or other.damage, loss, pain or suffering or distress arising out of any facts now known or believed to be true or that arise out of additional or 7 Case 1:09-cv-00018 Document 135 Filed 05/11/10 Page 8 of 9 different facts which may be discovered in the future related to Ortiz-Cordova' s former employment at Luna. The relief specified herein shall constitute the sole consideration that the United States shall ever receive for entering into and executing this Agreement and for agreeing to dismissal of the lawsuit with prejudice 27. All questions regarding the construction of this Agreement will be governed by the laws of New Mexico 28. This Agreement shall expire without further action by the Court or by either pai1y in one (1) year after the date it is entered by the Court 29. The parties will attempt to resolve informally any dispute that may arise under this Agreement. If the parties are unable to resolve the dispute expeditiously, either party may move the Court to enforce the provisions of this Agreement. 30. The parties agree that they are each responsible for their respective fees and costs. DONJ. United ates Magistrate Judge 8 Case 1:09-cv-00018 Document 135 Filed 05/11/10 Page 9 of 9 By consent: On behalf of Plaintiff United States of America Assistant Attorney General Civil Rights Division OWSKl c De\u00a3>lty Chief, - ~~ .,0. ~ ~ \\o lto Senior Trial Attorneys U.S. Department of Justice Civil Rights Division Employment Litigation Section 950 Pennsylvania Avenue, N.W. Patrick Henry Buildmg, Fourth Floor Washington 20579 Telephone: (202) 305-1470 Facsimile: (202) 514-1005 brian.mcentire@usdoj.gov sarah.blutter@usdoj.gov On behalf of Defendant Luna Community College President , j 5 - \\./ -:i 0 M. YOUNCr Attorneys for Defendant Brown Law Firm 2901 Juan Tabo NE, Suite 208 Albuquerque 87112 Telephone: (505) 292-9677 Facsimile: (505) 292-9680 kevin@brownlawnm.corn joel@brownlawnrn.com"} |
7,887 | Jason Gesser | Washington State University – Pullman | [
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] | {"7887_101.pdf": "investigation finds Jason Gesser violated sexual harassment policy Dec. 20, 2018 Updated Thu., Dec. 20, 2018 at 9:34 p.m. 1 of 2 Alyssa Bodeau, 27, of Spokane says Jason Gesser, a former quarter back and Athletic Department employee, tried to force himself on her after a school fund-raising event in 2015 has determined that Gesser\u2019s interaction with Bodeau violated university sexual harassment policy. (Colin Mulvany / The Spokesman-Review) Buy a print of this photo By Thomas Clouse tomc@spokesman.com (509) 459-5495 Alyssa Bodeau didn\u2019t know how her life would change after she decided to come forward with allegations of sexual misconduct against former Washington State University quarterback Jason Gesser. Washington Idaho > Menu Search News Sports Business Weather 2/17/25, 12:51 investigation finds Jason Gesser violated sexual harassment policy 1/3 But the waves of support and a new university finding has convinced her that she made the correct call to put her name behind her pain. Although the finding is 2 months old, Bodeau was informed that the investigation determined that Gesser had violated university policy in his interaction with her following a fundraiser in Tumwater in 2015. She met with investigators from the Office for Equal Opportunity in September after she decided to come forward with her story definitely felt like had the opportunity to be heard and that my situation was being taken seriously,\u201d Bodeau said don\u2019t have any reservations about going to campus. It might just take a little bit for me to feel comfortable. But, I\u2019m excited for that day.\u201d According to the findings provided by Bodeau investigators ruled that Gesser\u2019s actions met \u201cthe definition of sexual harassment and non-consensual sexual contact\u201d that \u201cimpacted the Complainant emotionally, created a lack of personal security for her, and created a hostile and offensive environment.\u201d Bodeau, 27, grew up in Spokane Valley, attended West Valley High School and played volleyball at Lewis-Clark State College before transferring to in 2012. She played her junior season in 2012, but chose to sit out her senior year because of an injury. About the same time, she started caring for the Gessers\u2019 children, she said, to help out Gesser\u2019s wife, a former volleyball player who remained active with the team. But then she had the encounter with Gesser in 2015. He played as WSU\u2019s quarterback from 1998 to 2002. In 2013, Gesser returned to Pullman after six years of professional football and several coaching stops, including a stint at the University of Idaho. At the time of the encounter, Gesser was a employee who was helping raise money for the Cougar Athletic Fund. Just minutes after he was informed that a second woman came forward with sexual misconduct allegations, Gesser resigned. According to the updated report, he never sat down with investigators to give his side of the story. \u201cTo the young woman that made feel uncomfortable respectfully have a different recollection of the situation you\u2019ve described,\u201d Gesser wrote, \u201cbut acknowledge that should never have been in the situation in the first place, and apologize truly never meant to cause you harm.\u201d While Gesser provided the statement the day he resigned, he did not cooperate with the investigation. \u201cInvestigators also attempted to interview (Gesser) and (former Athletic Director) Mr. William \u2018Bill\u2019 Moos, who was present at the event in 2015,\u201d investigators wrote. Gesser \u201cdeclined to participate in the investigation; Mr. Moos did not respond to OEO\u2019s interview request.\u201d Efforts to reach Gesser on Thursday were unsuccessful definitely felt more support just from those results,\u201d Bodeau said of the investigation. \u201cIt could show people in the future that this is a safe, supportive space to bring these things.\u201d 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 2/17/25, 12:51 investigation finds Jason Gesser violated sexual harassment policy 2/3 Subscribe now to get breaking news alerts in your email inbox Get breaking news delivered to your inbox as it happens. Sign up Statewide and regional programs supporting rural behavioral health in Washington state Access to mental health care provides essential intervention for those in need of support, especially when care is localized and culturally relevant. \u00a9 Copyright 2016,The Spokesman-Review 2/17/25, 12:51 investigation finds Jason Gesser violated sexual harassment policy 3/3", "7887_102.pdf": "clears ex Gesser of harassment claims 6y How Texas Tech built a portal class so good Notre Dame tried to poach the 6d - Max Olson Nebraska play-by-play voice Sharpe dies at 61 2d Ex-Irish Golden named Broyles Award winner 2d Former football players sue over 'Last Chance U' 3d Source: Notre Dame hiring Lions' Martin as 3d Sources: Ex coach Patricia to be OSU's 5d - Pete Thamel LSU, Kelly land in-state four-star Martinez 3d - Eli Lederman football player found dead in apartment 5d Ex-Buckeyes coach Tressel now Ohio lt. governor 4d Sanders or Ward? Hunter or Carter execs, scouts on the top of the draft class 3d Nation The Arch Manning takeover, Carson Beck in Miami: Everything we're excited for in 2025 4d l All i t Wh Sep 14, 2018, 07:59 Share SPOKANE, Wash. -- Washington State University officials investigated allegations of sexual harassment against staff member and former football star Jason Gesser and found no violations of school policy, school President Kirk Schulz and Director of Athletics Pat Chun said Thursday. Associated Press says harassment probe of Jason Gesser found no violations 2/17/25, 12:51 Washington State says harassment probe of Jason Gesser found no violations 1/3 Schulz and Chun issued a joint statement after the school newspaper, The Daily Evergreen, published an extensive article about the harassment allegations. \"It is important to reiterate that the university followed its established procedures to review the matter and found no violation of Washington State University policy,\" the statement said. \"The allegations were taken seriously and addressed at the appropriate level.\" Gesser, who is married and has three children, released a statement Thursday afternoon in which he said the allegations against him were not true am categorically opposed to harassment or sexism in the workplace or society, and am deeply committed to my wife and children,\" Gesser wrote. \"The non-story published by the Evergreen addresses accusations that were fully investigated by the university and found to be without merit will not allow my name to be unfairly smeared, and will continue to passionately serve our university as a proud member of Cougar Nation,\" Gesser wrote. Gesser is an assistant director for the Cougar Athletic Fund, which raises money for sports teams. Gesser is a former quarterback who led the Cougars to the 2003 Rose Bowl, before embarking on a professional playing and college coaching career. He returned to work at in 2013. The statement from the two administrators said an investigation was launched by the university's Office for Equal Opportunity after officials became aware of the allegations against Gesser last December. Investigators interviewed or attempted to interview all those involved, and found no violations of policy, the statement said. \"Human resources staff worked with Director of Athletics Pat Chun to directly address with Mr. Gesser the issues raised in the report,\" the statement said. The Daily Evergreen reported Thursday that it had obtained hundreds of pages of public records involving allegations of sexual harassment against Gesser, some dating back to 2014. Terms of Use Privacy Policy Interest-Based Ads Enterprises, Inc. All rights reserved. 2/17/25, 12:51 Washington State says harassment probe of Jason Gesser found no violations 2/3 The allegations include that he made advances on student interns and co-workers, some as recently as 2017. The newspaper also reported an allegation that Gesser used funds to fly a woman to a golf event in Cle Elum in 2016. Terms of Use Privacy Policy Interest-Based Ads Enterprises, Inc. All rights reserved. 2/17/25, 12:51 Washington State says harassment probe of Jason Gesser found no violations 3/3", "7887_103.pdf": "- In this Oct. 22, 2012, file photo, Idaho interim head football coach Jason Gesser speaks during a news conference in Moscow, Idaho. Washington State University officials investigated allegations of sexual harassment against staff member and former football star Gesser and found no violations of school policy, it was announced Thursday, Sept. 13, 2018. (Geoff Crimmins/The Moscow-Pullman Daily News via AP, File) PULLMAN, Wash. (AP) \u2014 Washington State University employee and former star quarterback Jason Gesser was placed on home assignment Monday following a new complaint of sexual misconduct. Gesser will work from home pending an investigation of the allegation, the university's President Kirk Schulz and Director of Athletics Pat Chun said in a joint statement. Former Gesser faces new sexual misconduct allegation by Associated Press Mon, September 17th 2018 at 3:55 2/17/25, 12:51 Former Gesser faces new sexual misconduct allegation 1/2 Loading ... \"This is new information and a different set of events than previously reported,\" said Kimberly Anderson, director of WSU's Office for Equal Opportunity. Details of the misconduct were not released. Schulz and Chun said this is the first time an individual directly involved in an alleged incident of sexual misconduct has filed a formal complaint against Gesser. Gesser did not immediately reply to a request for comment. The university newspaper The Daily Evergreen reported last week that it had obtained hundreds of pages of public records involving allegations of sexual harassment against Gesser, some dating back to 2014. The allegations include that he made advances on student interns and co-workers, some as recently as 2017. The university said it launched an investigation of the past allegations after officials became aware of them in December. Officials interviewed or attempted to interview all those involved and found no violations of school policy, the school said. Gesser, who is married with three children, also issued a statement last week saying the past allegations were without merit and said he would \"not allow my name to be unfairly smeared.\" Gesser, 39, is an assistant director for the Cougar Athletic Fund, which raises money for sports teams. As a quarterback, he led the Cougars to the 2003 Rose Bowl and then embarked on a college coaching career after spending one season with the Tennessee Titans. He returned to work at in 2013 2/17/25, 12:51 Former Gesser faces new sexual misconduct allegation 2/2", "7887_104.pdf": "Washington State athletics staffer, ex Jason Gesser resigns amid misconduct allegations The Herald-Mail Published 10:42 p.m Sept. 18, 2018 PULLMAN, Wash. \u2014 Jason Gesser, Washington State assistant athletics director and director of development/major gifts for the Cougar Athletic Fund, resigned from Washington State University on Tuesday amid multiple sexual misconduct allegations, including a formal complaint from former volleyball player Alyssa Wold-Bodeau. Gesser sent his official resignation letter to several media outlets in the region, including The Daily Evergreen, WSU\u2019s student newspaper. In the letter, Gesser stated am deeply saddened that recent circumstances in my private life have created a distraction for the Department and University. While certainly never meant to hurt anyone believe it is best for all involved for me to move on.\u201d He also addressed Wold-Bodeau in his statement, saying, \u201cTo the young woman that made feel uncomfortable respectfully have a different recollection of the situation you\u2019ve described but acknowledge that should never have been in the situation in the first place, and apologize truly never meant to cause you harm.\u201d After the resignation, Wold-Bodeau reacted, \u201cIt\u2019s been a long and difficult 48 hours, and an even more difficult three years. I\u2019m extremely happy to see that Jason has resigned his position of influence and power at WSU. It\u2019s a relief to know that no other young women will be subjected to Mr. Gesser's actions and abuse of power pray he gets the help he needs and that his family can move forward also pray that this event will serve to give encouragement to others. Staying silent is no longer an option. If my story resonates with you, come forward. Bring it to the light so that 2/17/25, 12:51 Washington State athletics staffer, ex Jason Gesser resigns amid misconduct allegations 1/2 we all \u2013 as a community \u2013 can begin the healing process. And to my Coug nation; thank you so much for the support. You are an amazing family,\u201d President Kirk Schulz and director of athletics Pat Chun issued the following statement Tuesday evening: \"Late this afternoon, Washington State University received a letter of resignation from Jason Gesser, following the complaint shared with the Office for Equal Opportunity on Monday. The University has accepted Mr. Gesser\u2019s resignation effective immediately. \"We sincerely appreciate the courage it takes for individuals to come forward with concerns of this nature. We take the allegations extremely seriously, and the Office for Equal Opportunity intends to continue its investigation,\" During an interview with 2, Wold-Bodeau said she grew close to the Gesser family and met Gesser's wife through volleyball. Shortly after, she began to babysit for the family. During the year and a half that she worked as the family nanny, Gesser was never inappropriate, she said. But she said that changed after she graduated and Gesser invited her to a fundraiser in western Washington. After the event, Wold-Bodeau said Gesser put his hand on her leg, and repeatedly tried to kiss her and put his hands under her dress is a Tegna station. 2/17/25, 12:51 Washington State athletics staffer, ex Jason Gesser resigns amid misconduct allegations 2/2", "7887_105.pdf": "Learn more about Washington State assistant athletic director Jason Gesser resigned Tuesday amid allegations of inappropriate sexual advances. Gesser, 39, was a quarterback for the Cougars from 1999-2002. He was placed on administrative leave Monday after Alyssa Bodeau, 27, said she filed an official complaint against Gesser with the school's Office for Equal Opportunity, according to the (Spokane, Wash.) Spokesman- Review. He had been working in a fundraising capacity for the athletic department am deeply saddened that recent circumstances in my private life have created a distraction for the department and university,\" Gesser wrote in a statement Tuesday. \"While certainly never intended to hurt anyone believe it is best for all involved for me to move on apologize ... for creating a situation that reflected negatively on in any way.\" University president Kirk Schulz and athletic director Pat Chun co-signed a statement that acknowledged the school's acceptance of Gesser's resignation. Adding of Bodeau's complaint, they wrote, \"We sincerely appreciate the courage it takes for individuals to come forward with concerns of this nature. We take the allegations extremely seriously, and the Office for Equal Opportunity intends to continue its investigation.\" Bodeau wrote in a statement to the Seattle Times on Tuesday, \"I'm extremely happy to see that Jason has resigned his position of influence and power at WSU. It's a relief to know that no other young women will be subjected to Mr. Gesser's actions and abuse of power pray he gets the help he needs and that his family can move forward.\" Bodeau was a former babysitter for Gesser's children. She said she was emboldened to speak up about her encounter with Gesser, which she said happened in June 2015, after news accounts surfaced last week about other women having made similar accusations against him. The earlier allegations were reported by Washington State's student newspaper, The Daily Evergreen. The report said that numerous women, including student interns and Gesser's coworkers, had made the allegations, but that the Office for Equal Opportunity investigated in 2017 and cleared him of wrongdoing. Late last week, Gesser, perhaps best remembered for leading the Cougars to the Rose Bowl in 2003, called the earlier allegations a \"non- story.\" \"When other girls came forward, it changed the game,\" Bodeau said. \"When saw that it was a pattern, that's when decided, 'I'm not going to stay quiet.' If it doesn't stop now ... other girls will be in danger.\" Gesser wrote Tuesday, \"To the young woman that made feel uncomfortable respectfully have a different recollection of the situation you've described, but acknowledge that should never have been in the situation in the first place, and apologize truly never meant to cause you harm. \"This is a very difficult time for me and my family, and truly appreciate our friends, including the incredible colleagues and alumni have met through my time at WSU. With this personal matter being made so public, it is taking a toll on my family in this close-knit community appreciate your understanding for the impact this has on them.\" Bodeau added in a message to others who might have been harassed, \"Staying silent is no longer an option. If my story resonates with you, come forward. Bring it to light so that we all -- as a community -- can begin the healing process.\" --Field Level Media Our Standards: The Thomson Reuters Trust Principles assistant resigns amid sexual misconduct allegations By Reuters September 18, 2018 10:54 \u00b7 Updated 6 years ago My News 2/17/25, 12:51 assistant resigns amid sexual misconduct allegations | Reuters 1/6 Read Next Mavs fans 'hurting' after Doncic trade but team still contenders, Wemby says February 16, 2025 Tennis Medvedev hopes Sinner's doping settlement with sets precedent February 16, 2025 Athletics Uganda's Kiplimo smashes half marathon world record February 16, 2025 Biathlon Peerless Thingnes Boe claims pursuit gold for Norway February 16, 2025 Sports\u200b Suggested Topics: Sports Purchase Licensing Rights 2/17/25, 12:51 assistant resigns amid sexual misconduct allegations | Reuters 2/6 Latest Home Authors Topic Sitemap Archive Article Sitemap Media Videos Pictures Graphics Podcasts Browse World Business Markets Sustainability Legal Breakingviews Technology Investigations Sports Science Lifestyle O'Connor finds a new Super Rugby home in Christchurch Rugby \u00b7 February 17, 2025 \u00b7 12:47 \u00b7 4 min ago James O'Connor signing with the Canterbury Crusaders was perhaps the most unlikely move of the Super Rugby off-season but the Australian was feeling right at home after helping his new team to a winning start to their campaign at the weekend. 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World-Check Thomson Reuters Products Products 2/17/25, 12:51 assistant resigns amid sexual misconduct allegations | Reuters 4/6 Advertise With Us Advertising Guidelines Purchase Licensing Rights All quotes delayed a minimum of 15 minutes. See here for a complete list of exchanges and delays. Cookies Terms of Use Privacy Digital Accessibility Corrections Site Feedback \u00a9 2025 Reuters. All rights reserved Screen for heightened risk individual and entities globally to help uncover hidden risks in business relationships and human networks. 2/17/25, 12:51 assistant resigns amid sexual misconduct allegations | Reuters 5/6 2/17/25, 12:51 assistant resigns amid sexual misconduct allegations | Reuters 6/6", "7887_106.pdf": "\uf39e \uf16d \ue61b\uf1be\uf167\uf09e Monday, Feb. 17, 2025 estic violence and resources for survivors February 7 Residents and business owner Featured Content \uf002 News Sports Opinion Life Research Multimedia Advertise Weekly Comic Past Print Editions Staff More \uf164 \uf39e \ue61b \uf0e0 \uf02f Courtesy of Athletic Communications Jason Gesser, pictured here at a Cougar Athletic Fund event in 2015, was the subject of an Office for Equal Opportunity inquiry in January 2018 regarding complaints of sexual misconduct. Administration Faculty Football Local Men's News Pullman Community Sports Pullman campus Records show numerous allegations of sexual misconduct against Jason Gesser Schulz knew of many claims about advances on student interns, donor event actions and September 13, 2018 Hundreds of pages of public records show a number of allegations of sexual harassment and misconduct against Jason Gesser, assistant director of athletics at the Cougar Athletic Fund, dating back as far as \uf164 \uf39e \ue61b \uf0e0 \uf02f 2014. The allegations are outlined in interview notes and records from a complaint review carried out by WSU\u2019s Office for Equal Opportunity that began in January, which the Evergreen obtained through a public records request. Gesser, who led the Cougars to the 2003 Rose Bowl and conference co-championship, is often referred to as a \u201ccelebrity\u201d at donor events in an apparent attempt to draw more attendees, according to the records. After college, Gesser played professional football for six years and spent time on four separate coaching staffs, including serving as the interim head coach at the University of Idaho for six games, before returning to in 2013. The allegations portray a pattern of behavior, beginning with meeting women overnight while on the road with the and culminating in allegations of sexual relations and advances on student interns as recently as 2017. Allegations outlined in the public records include: Multiple advances made on both student interns and coworkers, including allegations of sexual relations and attempting to kiss a co-worker after having dinner with a donor, as recently as 2017. Using funds to fly a woman to a Cougar Legends golf event in Cle Elum in 2016 despite the woman not being a former athlete at WSU, drawing backlash from donors. Suspicious actions with and sometimes in front of donor guests. One person interviewed by said they knew of one student babysitting for Gesser at the time of his interview this January, a trend which has been going on for years. The Evergreen reached out to Gesser multiple times through various means, including email and numerous phone calls to his office and cell phone, but he did not respond to our attempts. Associate Director of Athletics Bill Stevens said Gesser and Director of Athletics Patrick Chun would not comment on the story, citing WSU\u2019s policy against commenting on personnel matters. \uf164 \uf39e \ue61b \uf0e0 \uf02f In August and announced that Gesser would not resume his role as a radio analyst for football games to allow him to focus on his role with the CAF. The Evergreen made multiple attempts to reach Matt Almond, general manager at IMG, for comment regarding the reason for Gesser\u2019s departure, but he never returned calls or emails, other than one from a secretary asking what we wanted to speak about determined it didn\u2019t have enough evidence to conduct an investigation under Executive Policy 15, but referred the matter to Human Resource Services based on information from witnesses that may violate other polices or raise concerns related to employee performance and professionalism. The Evergreen filed a records request for the review but has yet to receive them 15 \u201cprohibits discrimination, sexual harassment and sexual misconduct\u201d and applies to all students, faculty, staff and anyone associated with the university, according to the website. Multiple people interviewed by the said they were either aware of or had personally informed President Kirk Schulz of the concerns surrounding Gesser. Almond said he met with Schulz last December to discuss the issues, a meeting which has been confirmed by the Evergreen. Schulz, who would not speak directly to the Evergreen about the story, met with our staff on Sept. 7 as part of a new series of monthly meetings. When asked if he could step in during personnel matters, Schulz answered yes. \u201cGenerally speaking, yeah, the president of a university has the authority to do a lot of stuff,\u201d Schulz said. However, he said he didn\u2019t like to override the decisions of vice presidents, deans or other department heads entrusted with managing staff and faculty. Phil Weiler, vice president of marketing and communications for WSU, said he would speak on behalf of Schulz for the story. Weiler said the review did not result in action \uf164 \uf39e \ue61b \uf0e0 \uf02f against Gesser because of a lack of official complaints from those who voiced concerns over the allegations. \u201cNo one\u2019s been willing to come forward to make an official complaint,\u201d Weiler said. \u201cIf no one is willing to come forward, the investigation goes as far as it can.\u201d Uri Farkas, a former athletics administrator who was heavily questioned by the OEO, said people were mad Gesser had seemingly escaped any recourse for his alleged indiscretions was really disappointed that not anything had been done anywhere on campus,\u201d Farkas said, according to the records. \u201cStaff is frustrated am frustrated.\u201d Alleged advances on student interns Employees within the athletics department informed investigators they knew of alleged sexual harassment and misconduct, including some involving student interns, according to interview notes. \u201c[Coworker] indicated that Jason had a sexual relationship with [intern], a student-athlete and Jason\u2019s intern,\u201d Farkas said, according to the notes. Farkas told investigators this was the \u201cred flag that made all the yellows fall into place,\u201d according to the records. Farkas then went on to speak with Almond about the issue and also told investigators he reported the concerns to Title officials on Dec. 26, 2017. Almond said he spoke with Schulz, according to the records. At least one woman was a student at the time of an alleged sexual encounter, according to the records. Gesser had a position of authority over the intern in question, according to the records. \u201cShe was an intern for Cougar athletics and [was] directly reporting to Jason,\u201d Farkas said in the notes. If Gesser or another university official engages in sexual activity with a student, it would present a problem for WSU, Weiler said. At least one intern spoke with investigators about \uf164 \uf39e \ue61b \uf0e0 \uf02f her time at WSU, but it was unclear if it was the same intern who allegedly had a sexual encounter with Gesser. The intern said she knew the complaint focused on Gesser before the interviewers mentioned his name, according to the records. She asked about him in response to a question of whether she had brought up concerns about a coworker with Almond, her superior at the time. \u201cAre you talking about Gesser?\u201d the intern asked. She then went on to speak about text messages between them, according to the records. \u201cHe sent me flirty texts one time and thought it was weird,\u201d the intern said, according to the records thought that\u2019s weird and moved on told [Almond] about it because he\u2019s my boss and trusted him. [Gesser] called me a \u2018cutie\u2019 or something.\u201d Almond also backed up this claim in his interview with OEO, according to the records. \u201c[An intern] shared a concern with me,\u201d Almond said in the records. \u201cShe was concerned as to why Jason had sent her a flirty text message. She did convey that the flirty text message occurred when she was a student and interning with [IMG].\u201d The records also show Almond informing investigators that former female employee had told him about an intern claiming she had \u201crelations\u201d with Gesser. Adam Ganders, assistant athletic director of the CAF, said he was worried about student interns and athletes babysitting for Gesser, including one he indicated was babysitting for them at the time of his interview in January worry about situations like that,\u201d Ganders said in the records worry about having a student athlete or interns in that position as well know he\u2019s pretty close with the volleyball program and has a friendship with [head] coach [Jen] Greeny and wonder what that looks like being at their home alone, no supervision.\u201d \uf164 \uf39e \ue61b \uf0e0 \uf02f Ganders could not be reached for comment despite numerous attempts via phone by the Evergreen and Stevens said Greeny would also not comment on the matter. Weiler said there is nothing inherently wrong with employees having students babysit as long as nothing inappropriate takes place don\u2019t see anything inappropriate with that,\u201d Weiler said. \u201cI\u2019m not sure why that would be a problem also interviewed a former athletics department employee who has since left WSU, who told investigators Gesser made comments and advances on her but noted she \u201cnever felt harassed or assaulted.\u201d One incident she outlined occurred when she and Gesser met with a donor for dinner at Foundry Kitchen & Cocktails in Pullman over a year before her January interview don\u2019t remember exactly all the exchange, but there was an advancement to kiss me, which caught me off guard, nor did lean in or encourage that,\u201d she said in the records. \u201cIt was purely one-sided.\u201d The same woman in question also told investigators Gesser held a higher role than her in the department and had sent her suggestive texts, including during work hours. She also told investigators Gesser had invited her to his hotel room via text late at night while on the road, which she declined. \u201cThey were suggestive of sexual things,\u201d she told investigators can say confidently suggestive.\u201d She also said she had heard of these things happening before her employment at knew it was more of a trend than it wasn\u2019t,\u201d she told investigators. \u201cHe said that \u2026 he was afraid that would say something about everything.\u201d \uf164 \uf39e \ue61b \uf0e0 \uf02f Concerns from donors and behavior at fundraisers Athletic department officials said in their interviews with that donors and coworkers had raised concerns over Gesser\u2019s behavior at fundraisers and other events. Ganders told investigators a donor had complained about Gesser inviting a female member of the media to the Cougar Legends golf event in 2016 at the Suncadia Golf Resort in Cle Elum, Washington, according to the records. The donor complained to him that the woman had been invited up for Gesser\u2019s personal reasons instead of the interests of the donors or WSU, Ganders said in the records. \u201c[Donor] called me and told me it was [bullsh-t] that she was invited, that it was a misuse of state funds,\u201d Ganders told investigators. \u201cIn his opinion, she was being flown up to be Jason\u2019s girl at the event. That is when it really affected me professionally.\u201d Farkas also told investigators the department held some concerns over Gesser\u2019s decision to invite the woman to th t \uf164 \uf39e \ue61b \uf0e0 \uf02f the event. \u201cThere was a number of eyebrows raised,\u201d Farkas said in the records. \u201cWe typically pay for former student- athletes to attend those events.\u201d He went on to also say a donor had complained and questioned the decision, according to the records. It is unclear if it is the same donor that complained to Ganders. \u201cIs athletics paying for Jason\u2019s side pieces to travel with him to events?\u201d Farkas told investigators a donor asked him. Farkas also reported to the investigators that other officials said Gesser and the woman had behaved inappropriately at the after-party, according to the records. Ganders said in the interview the woman in question was supposed to be auctioned off as a caddy for donors the next day, but she never fulfilled her duties for the tournament. \u201cShe never participated the next day to be that four caddy,\u201d Ganders told investigators. Ganders also made note that both Gesser and the woman showed up late to the event, according to the records. The Evergreen spoke with the woman in question, whose name has been left out of this article in an attempt to protect her identity and reputation. The woman confirmed she had her travels and accommodations paid for by and that Gesser had invited her to the event. However, she denied having romantic relations with Gesser at the event or otherwise. \u201cMy interactions with Jason and everyone in the Cougar Athletic Fund department were completely professional,\u201d she said. \u201cThere was no funny business.\u201d The woman also said she fulfilled her duties on-time as a caddy, but did leave early in order to catch a flight booked for her by the university so she could make it to \uf164 \uf39e \ue61b \uf0e0 \uf02f work the next day. Weiler said while it would be alright for the university to pay for the expenses of a person at an event for a business purpose, a line would be crossed if that person was there for personal reasons. \u201cIf there is not a business reason for the university to be paying for that person\u2019s expenses, that\u2019s against the law,\u201d Weiler said. Ganders said this situation made him realize Gesser\u2019s actions had negatively impacted a donor\u2019s relationship with WSU, according to the records realized that a donor is now frustrated because of the actions of Jason Gesser,\u201d Ganders told investigators. \u201cIt is now affecting my every day when interact with that donor.\u201d Another alleged incident came in 2014 after a donor event in Pasco, Washington. Ganders, a regional director for the at the time, and Gesser attended the event donor requested permission to bring a former women\u2019s basketball player from California who was staying with them to the event, which Ganders said he approved, according to the records. Ganders said he noticed Gesser and the former player knew each other immediately recognized that Jason and [former player] knew each other, were classmates,\u201d Ganders told investigators. \u201cIt was a great way to bring her back into the fold, to support and student-athlete scholarships, since she benefited from a scholarship.\u201d After the event, Ganders said in the records, a group of people including Gesser and the former player went out for drinks, after which the former player elected to get a ride home from Gesser. The donor then called Ganders the next day and brought up the fact the former player had not returned until 4 a.m. the next morning, which the donor called \u201cweird,\u201d according to the records. \uf164 \uf39e \ue61b \uf0e0 \uf02f Farkas said in his interview with that Ganders had told him the donor called and was \u201cirate because Jason dropped [the former player] off the following morning,\u201d according to the records. Impact on CAF, athletics Weiler said Schulz would trust his senior managers and supervisors to make a decision on employee discipline in their department if there was a concern about a particular individual and that he would not want to override anyone\u2019s decision. Gil Picciotto, who served as executive associate vice president for the Foundation for 11 years before leaving to become the current president of Eastside Catholic School in Sammamish, said he went to Schulz with concerns. \u201cThere was enough concern for me to bring to President [Schulz],\u201d Picciotto told investigators. Almond said in his interview with that he felt the need to come forward with his worries to after hearing about the alleged relationship with a student- athlete, according to the records. \u201cWhen was informed in November about the student- athlete felt compelled to share with HR,\u201d he said in the records. Almond told investigators he met with Schulz. He said he felt the need to bring up the concerns surrounding Gesser, despite the original purpose of the meeting being a discussion about and WSU\u2019s relationship. \u201cAt the time said wanted to let you know about our current issues,\u201d he told investigators. \u201cThey are evaluating \u2026 whether we renew [Gesser\u2019s] agreement for the fall.\u201d Gesser was on a year-by-year contract with IMG, according to records. Almond said he did not refer to Gesser by name in the meeting because they were in public and he had been informed that Schulz would know who he was talking about just referred to it as an issue,\u201d Almond said in the records was told that Schulz had already been made aware of discretions about Jason Gesser by his cabinet prior to our meeting was told he would know what was referring to.\u201d Before he went to HR, Almond said he went to Gesser personally as a friend and neighbor to inform Gesser of what he had heard, according to the records. However, Gesser later learned of Almond going to and confronted him. \u201cHe was told by somebody that shared it. He texted me and asked to meet with me,\u201d Almond said in the records. \u201cHe aggressively came into his office, accused me of ruining his life, his marriage and his kids\u2019 lives.\u201d Almond also said he was told to \u201cshut my mouth and stay in my lane,\u201d but did not make clear who said that, according to the records. Ganders told investigators that staff was tired of dealing with the issues surrounding Gesser think our staff is pretty worn down with just dealing with all the rumors \u2026 and continuing to try to go to bat for him,\u201d Ganders told investigators response, university impact Schulz knew of the concerns surrounding Gesser\u2019s possible harassment and misconduct, Weiler said would imagine it was the start of the investigation,\u201d Weiler said of when Schulz was informed of the situation. The earliest interview notes obtained as part of the records request are dated in early January. Farkas said in his interview with that Schulz received information about the situation on Dec. 1, 2017, according to the records Executive Director Kimberly Anderson confirmed that an investigation only happens if a person wants actions to be taken or if the acts in question are egregious enough to warrant further potential discipline. She also said the only deals with 15 complaints \uf164 \uf39e \ue61b \uf0e0 \uf02f and they don\u2019t get to make disciplinary decisions, they only pass along their findings to the appropriate departments, such as HRS, to handle disciplinary actions against those found guilty. The department can reach out to those outside of if there is reason to believe they have important information, Anderson said. However, this appears to contradict what occurred in the Gesser case, as others had named women not affiliated with as being involved in the incidents, but those who were not a part of the university at any point do not appear to have been interviewed. Anderson said she could not comment on specific investigations. She also said looks at instances of harassment, including social interactions that involve romantic propositions in the workplace. The investigates these claims for policy violations other than 15 if they feel the need to, as it still could be considered harassment of a protected class, she said. \u201cEssentially asking out your coworker, typically that\u2019s on the basis of their sex,\u201d she said. \u201cYou\u2019re interested in them in a romantic way, so it would be on the basis of sex.\u201d Weiler also said he encourages anyone who has concerns or knows of actions that may cross a line to make a formal complaint. Farkas told investigators that regardless of their findings, the damage had been done. \u201c[Gesser\u2019s] reputation with is tattered, regardless of what you find,\u201d Farkas said in the records. \u201cThere is work that will have to be done.\u201d Editor\u2019s note: The Evergreen has decided against posting the public records online to protect the women involved whose names were not redacted SMAY, Evergreen reporter About the Contributors \uf164 \uf39e \ue61b \uf0e0 \uf02f \u00a9 2025 Pro WordPress Theme by \u2022 Log in Ian Smay is a senior journalism & media production major, with an emphasis in broadcast news, from Dayton, Washington. He is also minoring in criminal... Dylan Greene is a journalism and media production major from Stanwood. He started as the football beat reporter in the fall of 2017 and midway through GREENE, Evergreen deputy sports editor Meet our Staff Submit a News Tip Join the Evergreen Advertise With Us \uf164 \uf39e \ue61b \uf0e0 \uf02f", "7887_107.pdf": "assistant resigns amid new allegations 6y College baseball preview: The storylines, teams and players to watch in 2025 3d Everything you need to know for the 2025 Clearwater Invitational: Players to watch, schedule, stats 4d - Erika LeFlouria College softball rankings: The top 25 teams after Week 1 5d Previewing the 2025 college softball season: Players to watch, key storylines and predictions 11d Nebraska play-by-play voice Sharpe dies at 61 2d hands volleyball coach extension after title 3d Judge denies slugger Osuna's injunction request 3d Women's flag football endorsed as emerging sport 4d Dept. of Ed: Title does not apply to athlete pay 5d - Paula Lavigne Holmoe retiring as after 20-plus years 5d Caps prospect Hutson upset BC, win Beanpot 6d Th ' d d b k f Sep 19, 2018, 07:23 Share Jason Gesser has resigned as assistant athletic director at Washington State University, effective immediately, following new allegations of sexual misconduct against him by a former volleyball player News Services Jason Gesser resigns as Washington State assistant amid new allegations of sexual misconduct 2/17/25, 12:52 Jason Gesser resigns as Washington State assistant amid new allegations of sexual misconduct 1/3 Alyssa Wold-Bodeau, who played volleyball for the Cougars from 2012 to '13, told The Daily Evergreen on Monday that Gesser groped her and tried forcefully to kiss her after the two attended a fundraising event in 2015. The allegations came just four days after Gesser was cleared of similar allegations by a university investigation am deeply saddened that recent circumstances in my private life have created a distraction for the Department and the University,\" Gesser said in a letter of resignation that was made public. \"While certainly never intended to hurt anyone believe it is best for all for me to move forward. \"To the young woman that made feel uncomfortable respectfully have a different recollection of the situation you've described, but acknowledge that should never have been in the situation in the first place, and apologize truly never meant to cause you harm.\" The school said in a statement Tuesday night that it had accepted Gesser's resignation. \"We sincerely appreciate the courage it takes for individuals to come forward with concerns of this nature,\" the statement read. \"We take the allegations extremely seriously, and the Office for Equal Opportunity intends to continue its investigation.\" The Daily Evergreen reported last week that it had obtained hundreds of pages of public records involving allegations of sexual harassment against Gesser, some dating to 2014. The allegations include that he made advances on student interns and coworkers, some as recently as 2017. On Thursday, school president Kirk Schulz and director of athletics Pat Chun issued a statement, saying \"the university followed its established procedures to review the matter and found no violation of Washington State University policy. The allegations were taken seriously and addressed at the appropriate level.'' On Tuesday, following the new allegations by Wold-Bodeau, Gesser was placed on home assignment pending a full investigation. The university said it was the first time that an individual who was directly involved in an alleged incident of sexual misconduct had filed a formal complaint against Gesser with the Office for Equal Opportunity. \"This is new information and a different set of events than previously reported said in a statement. Terms of Use Privacy Policy Interest-Based Ads Enterprises, Inc. All rights reserved. 2/17/25, 12:52 Jason Gesser resigns as Washington State assistant amid new allegations of sexual misconduct 2/3 Gesser was an assistant director for the Cougar Athletic Fund, which raises money for sports teams. He was a former quarterback who led the Cougars to the 2003 Rose Bowl before embarking on a professional playing and college coaching career. He returned to work at in 2013. When he was cleared on Thursday, Gesser, who is married and has three children, released a statement in which he said the allegations against him were not true am categorically opposed to harassment or sexism in the workplace or society, and am deeply committed to my wife and children,'' Gesser wrote. \"The non-story published by the Evergreen addresses accusations that were fully investigated by the university and found to be without merit will not allow my name to be unfairly smeared, and will continue to passionately serve our university as a proud member of Cougar Nation,'' he wrote. In a statement to media outlets following news of Gesser's resignation, Wold-Bodeau said: \"It's been a long and difficult 48 hours and an even more difficult three years. I'm extremely happy to see that Jason has resigned his position of influence and power at WSU. It's a relief to know that no other young women will be subjected to Mr. Gesser's actions and abuse of power pray he gets the help he needs and that his family can move forward also pray that this event will serve to give encouragement to others. Staying silent is no longer an option. If my story resonates with you, come forward. Bring it to that light so that we all -- as a community -- can begin the healing process. And to my Coug nation, thank you so much for the support. You are an amazing family.\" The Associated Press contributed to this report. Terms of Use Privacy Policy Interest-Based Ads Enterprises, Inc. All rights reserved. 2/17/25, 12:52 Jason Gesser resigns as Washington State assistant amid new allegations of sexual misconduct 3/3"} |
8,774 | Barry Spunt | City University of New York - John Jay College | [
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] | {"8774_101.pdf": "#MeToo has hit one of the nation\u2019s top criminal-justice colleges. John Jay College has placed four professors \u2014 including three former department chairmen \u2014 on paid leave following sexual-harassment complaints, sources told The Post. Among the accused are Barry Spunt, an associate sociology professor and former chair of that department; Anthony Marcus, a professor and former chair of the anthropology department; and Ric Curtis, a professor and former chair of the anthropology department and former interim chair of the department of law and police science. An adjunct professor also stands accused. John Jay professors get hit with sex harassment allegations By Melissa Klein and Sara Dorn Published Sep. 8, 2018, 7:31 p.m From left: Marcus Anthony, Barry Spunt and Curtis Ric John Jay College News Metro Long Island Politics World News 2/17/25, 12:55 John Jay College professors get hit with sexual harassment allegations 1/4 \u2018It\u2019s a place that is supposed to be better than that . . . They should be held to a higher standard . . . There\u2019s no excuse for this John Jay grad student After The Post began asking questions late last week about the allegations, the Midtown-based public college\u2019s president, Karol Mason, sent an e- mail alerting students and staffers to the situation. \u201cUpon receiving complaints alleging inappropriate conduct by certain faculty members, we launched an investigation into the matter and have engaged an outside investigator to assist us. We are committed to a swift, thorough, and fair investigation, which is ongoing,\u201d Mason wrote Friday John Jay grad student said of the message was so disgusted that deleted it. For someone to be teaching at John Jay College of Criminal Justice and engaging in [that behavior] is disgusting. \u201cIt\u2019s a place that is supposed to be better than that . . . They should be held to a higher standard . . . There\u2019s no excuse for this.\u201d The state Inspector General\u2019s Office is already probing other employment issues at John Jay, but a spokesman at the office would not comment on whether it was involved in this matter college spokesman would not provide information other than to reiterate Mason\u2019s statement. The college would not say if the accusers were students or staff or both. The college is taxpayer-funded and part of the City University of New York. It enrolls some 15,000 students, many of whom aspire to join law enforcement or already work as cops and firefighters. Public records show Curtis was paid $194,557 in 2017, Marcus got $150,854, and Spunt $125,362. Spunt\u2019s lawyer, Carmen Jack Giordano, said his client \u201cplans on cooperating with their investigation, and he will be vindicated at the conclusion based on the evidence that I\u2019ve seen of the falsity of the allegations made against him.\u201d Giordano would not detail the allegations other than to say they were \u201cvague and nebulous\u201d and made by a single individual. \u201cProfessor Spunt is completely innocent, and it\u2019s a shame how people with hidden agendas and nefarious intentions can manipulate the system and the public in the name of #MeToo,\u201d he said. Spunt has taught at John Jay since 1993. His research has included the history of heroin in New York City. Marcus, whose automatic e-mail response said he was \u201con leave,\u201d declined to comment to The Post when a reporter phoned John Jay College campus sexual assault received \u2018delayed response\u2019 as school failed to notify NYPD, release any specifics professor in alleged drug-dealing, student-sex scandal at John Jay College will shockingly return to classroom suspects busted in serious crimes more likely to be re-arrested under bail reform: study 2/17/25, 12:55 John Jay College professors get hit with sexual harassment allegations 2/4 The prof has done research in honor killings, prostitution and the sexual exploitation of children, according to his r\u00e9sum\u00e9. Curtis, an oft-quoted expert on drug use and the heroin market in New York City, did not respond to requests for comment. He joined John Jay as an adjunct in 1988. Tabrina Youmans, a 2017 John Jay grad who did research with Curtis, called him low-key, \u201cunderstanding and approachable don\u2019t see his behavior ever being misconstrued as anything other than professional even outside of a classroom setting,\u201d Youmans said. Classes at John Jay, on West 59th Street, began on Aug. 27. The college faced a controversy last September after Michael Isaacson, an adjunct economics professor there and self-proclaimed anti-fascist activist, tweeted that \u201cit\u2019s a privilege to teach future dead cops.\u201d He was put on leave and no longer teaches there. And last fall, the college came under fire for hosting an exhibit of art by Guantanamo Bay detainees. The Inspector General\u2019s Office last year launched a probe into the college\u2019s employment of two retired cops to chauffeur former President Jeremy Travis, who resigned in August 2017. Both ex-cops were collecting state pensions, and most of their pay came from the Research Foundation to skirt state rules that prevented them from holding taxpayer-funded jobs without a waiver , 9/8/18 John Jay College David McGlynn 'Drunk' man pummels while being treated in ambulance 2/17/25, 12:55 John Jay College professors get hit with sexual harassment allegations 3/4 \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, 12:55 John Jay College professors get hit with sexual harassment allegations 4/4", "8774_102.pdf": "Another John Jay College professor accused of sexual harassment By Melissa Klein Published Oct. 2, 2021, 8:59 p.m Associate Professor Carlton Jama Adams has been accused of sexually harassing Judith Sandrine Dikambi according to a lawsuit filed in 2019. Robert Miller John Jay College campus sexual assault received \u2018delayed response\u2019 as school failed to notify NYPD, release any specifics News Metro Long Island Politics World News 2/17/25, 12:55 Exclusive | John Jay College professor Carlton Jama Adams accused of sexual harassment 1/5 John Jay College of Criminal Justice grad student says she endured \u201cincessant unwanted sexual advances\u201d from a prominent professor during thesis- writing sessions, according to a lawsuit against the scandal-scarred school. Judith Sandrine Dikambi claims in court papers that Associate Professor Carlton Jama Adams exposed her to \u201ca barrage of unrelenting and daily xenophobic, sexist and vulgar remarks about her African heritage.\u201d Adams, 68, is the former chair of the Africana Studies department at John Jay, which is part of the taxpayer-funded City University of New York. Dikambi, 48, was a John Jay staffer working with international students and also seeking a master\u2019s degree. She asked Adams \u2014 described in court papers as a well-known researcher and speaker \u2014 for help with her thesis. During one 2014 thesis-writing session at his home, \u201cAdams subjected Ms. Dikambi to unwanted oral sexual contact,\u201d Dikambi claims in her suit, which was filed in 2019 in Manhattan federal court. He once asked, \u201cHow much will it take for me to sleep with you?\u201d the suit alleges. He also groped her \u201cher breasts and buttocks,\u201d papers say. \u201cThroughout her professional relationship with Dr. Adams from 2006 through 2014, Ms. Dikambi endured additional incessant unwanted sexual advances by him,\u201d legal papers say. Dikambi worked in Adams\u2019 department, but was transferred to a different one after she complained of discrimination, according to legal papers which said the move was a demotion. DiKambi filed the suit after an internal investigation substantiated some of her complaints \u2014 including that Adams pulled her hair and said \u201cYou are acting like this because you are African.\u201d But the probe did not substantiate other claims, including the allegation that Adams grabbed her. Federal Judge Ronnie Abrams ruled last month that Dikambi \u201cplausibly alleged a hostile work environment against CUNY\u201d \u2014 allowing the suit to go forward \u2014 and dismissed other claims including for discrimination and retaliation. The suit is the second in recent years charging improper sexual conduct among John Jay profs. Former students Claudia Cojocaru and Naomi Haber alleged in a 2019 federal suit that the college and four professors created \u201ca cesspool of sexism, misogyny, sexual harassment and illegal drug use.\u201d Adams was not a plaintiff in that suit, but Haber contended that she went to the professor\u2019s office in 2015 and that he sat next to her and \u201cPlaced his hands on her legs and began caressing her upper thighs,\u201d legal papers say professor in alleged drug-dealing, student-sex scandal at John Jay College will shockingly return to classroom suspects busted in serious crimes more likely to be re-arrested under bail reform: study Associate Professor Carlton Jama Adams has been accused of saying xenophobic, sexist and vulgar remarks 3 2/17/25, 12:55 Exclusive | John Jay College professor Carlton Jama Adams accused of sexual harassment 2/5 Adams declined to comment on Haber\u2019s allegations and Dikambi\u2019s suit. Haber and Cojocaru\u2019s suit was settled earlier this year, with paying $164,499 to each of them and $281,000 in legal fees. All claims were dismissed except for those made by anthropology professor Ric Curtis contending Haber and Cojocaru defamed him and their counterclaim of retaliation. Curtis also sued and others for discrimination. about Judith Sandrine Dikambi\u2019s African heritage Naomi Haber (left) and Claudia Cojocaru (right) filed a suit against four professors at John Jay in 2018 alleging that the college created \u201ca cesspool of sexism and misogyny.\u201d Helayne Seidman 3 2/17/25, 12:55 Exclusive | John Jay College professor Carlton Jama Adams accused of sexual harassment 3/5 Curtis and two of the other professors, Anthony Marcus and Barry Spunt, were placed on paid leave in 2018 and John Jay president Karol Mason said in May 2019 that she would begin termination proceedings. The fourth professor, an adjunct, was not rehired. Curtis, who was paid $141,819 in 2020, is still collecting a paycheck as the disciplinary proceedings against him continue. Marcus, who is still on leave, is set to retire on Dec. 31 and Spunt died in February 2021. \u201cJohn Jay is committed to fostering an environment where every member of the John Jay community is able to learn and work free from any type of harassment or discrimination. There is absolutely no place for sexual harassment or misconduct at John Jay,\u201d a spokesman said , 10/2/21 The college paid $164,499 to two accusers as well as $281,000 in legal fees. David McGlynn 3 'She got lucky': Teen shot in head at park recovering Just like Bridget Jones, Ren\u00e9e Zellweger is finding love after heartbreak \u2014 at age 55 2/17/25, 12:55 Exclusive | John Jay College professor Carlton Jama Adams accused of sexual harassment 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 2/17/25, 12:55 Exclusive | John Jay College professor Carlton Jama Adams accused of sexual harassment 5/5", "8774_103.pdf": "By Michael Gartland Profs at John Jay \u201cswamp\u201d accused of sexually harassing students nydailynews.com/new-york/ny-metro-john-jay-sexual-harassment-cojocaru-haber-20190611- eizp5ikdjvdudbyhggbigbjcca-story.html Two former John Jay College undergrads are suing and the school\u2019s professors for creating what they described in a new lawsuit as a \u201cswamp\u201d-like environment where professors plied their younger charges with booze and cocaine and slurred female students as \u201csluts,\u201d \u201cidiots\u201d and \u201ccrazy.\u201d In their federal complaint filed in Manhattan Federal Court Monday, Claudia Cojocaru, 40, and Naomi Haber, 25, allege John Jay professors fostered a \u201chypersexualized\u201d environment where they \u201cdenigrated women based on their looks and openly discussed their sexual conquests over female students.\u201d They also claim that when they complained to John Jay\u2019s in-house lawyers, they were swiftly rebuffed. 1/2 Among the defendants named in the lawsuit are: adjunct professor Leonardo Dominguez; associate professor Barry Spunt; Ric Curtis, a professor and former Sociology Department interim chairman; and professor Anthony Marcus, who has written extensively about the sex trade. John Jay is one of 11 senior colleges that falls under the City University of New York. In the complaint, Cojocaru accused Curtis of groping her and pressuring her to have a threesome with Marcus and Haber, and with himself and his mistress. When she reported a sexual assault of another student to Curtis, she claims that he told her the woman was a \u201cslut,\u201d who \u201cgets drunk every year at (the conference) and vomits all over the bathroom after she allegedly gets raped John Jay spokesman did not immediately return messages. \u201cThe Manhattan District Attorney thoroughly investigated the fabricated allegations of Claudia Cojocaru and Naomi Haber against Prof. Ric Curtis, found the allegations not credible, and declined to bring any charges,\u201d Curtis\u2019 attorney Robert Herbst said. \u201cThe college\u2019s Title investigator found Ric Curtis not guilty of all of Cojocaru\u2019s and Haber\u2019s allegations of rape, attempted rape, sexual assault, and sexual violence.\u201d 2/2", "8774_104.pdf": "The Volokh Conspiracy Mostly law professors | Sometimes contrarian | Often libertarian | Always independent Judge Allows Professors' Libel Case Against Ex-Students to Go Forward The ex-students had accused the professors (at the City University of New York) of sexual assault and other misconduct | 7.13.2020 8:03 From Judge Alvin K. Hellerstein's opinion last week in Cojocaru v (S.D.N.Y.): About The Volokh Conspiracy \uf150 2/17/25, 12:56 Judge Allows Professors' Libel Case Against Ex-Students to Go Forward 1/4 Claudia Cojocaru and Naomi Haber (collectively, \"Plaintiffs\") brought this suit alleging that several professors, Defendants Ric Curtis, Anthony Marcus, Leonardo Dominguez, and Barry Spunt (collectively, the \"Individual Defendants\"), subjected them to gender discrimination, retaliation, and for some Individual Defendants, gender-based violence. They further allege that their university, City College of New York [apparently an error by the court; should instead read City University of New York -EV] d/b/a John Jay College of Criminal Justice (\"John Jay\"), failed to investigate properly and take corrective action. Defendants Curtis, Dominguez, and Spunt (collectively, the \"Counterclaim Defendants\") brought counterclaims for defamation, and Curtis brought an additional counterclaim for tortious interference with contract and business relations. Plaintiffs move to dismiss the counterclaims\u2026. Plaintiffs were undergraduate students at John Jay, Cojocaru, between 2012 and 2014, and Haber, between 2013 and 2017. Cojocaru also served as an adjunct professor from 2017 to 2019. During Plaintiffs' time at John Jay, Defendants Curtis, Marcus, and Spunt were professors, and Defendant Dominguez was an adjunct professor. The offices of Curtis, Marcus, and Dominguez were located in a suite professors called the \"Swamp.\" In the Swamp, professors allegedly referred to students using offensive terms like \"bitch\" and \"slut,\" mocked students who were victims of sexual violence, made sexual comments about students, and openly sold and used illegal drugs. Plaintiffs claim that on multiple occasions they were subjected to assaults and/or unwanted sexual advances by the Individual Defendants. For example, according to Plaintiffs' Amended Complaint, Curtis encouraged Cojocaru to drink alcohol before sexually assaulting her, Spunt groped Cojocaru, Marcus jumped onto a bed with Cojocaru and punched her multiple times, Curtis tried to pressure Haber into having sex with other professors, Curtis and Dominguez groped Haber, and Marcus raped Haber\u2026. In 2018, Plaintiffs filed complaints with John Jay's Title office \u2026. Plaintiffs say the resulting investigation was biased, incomplete, and marred by improper conduct, and caused Cojocaru to suffer trauma, causing Cojocaru's psychiatrist to recommend that she stopped sitting for in-person interviews during the investigation. The complaint alleges that John Jay officials said they would accommodate Cojocaru but then said that her failure to appear for interviews damaged her credibility. At the conclusion of the investigation, John Jay announced that it would initiate disciplinary procedures to terminate the Individual Defendants. In the Amended Complaint, Plaintiffs bring claims against John Jay for gender discrimination and retaliation \u2026. [and] for disability discrimination \u2026. Plaintiffs bring claims against all Individual Defendants for aiding and abetting gender discrimination in violation of the and NYCHRL; against Curtis, Marcus, and Dominguez for violation of the Gender Motivated Violence Act (\"GMVA\"); and against Curtis, Spunt, and Dominguez for retaliation in violation of the and NYCHRL. In their respective answers to the Amended Complaint, Curtis, Dominguez, and Spunt deny Plaintiffs' allegations and bring counterclaims against Plaintiffs. The Counterclaim Defendants say that Plaintiffs have initiated sexual conversations with professors, that Cojocaru has a long history of making complaints about others in academia, and that Plaintiffs had ulterior motives to fabricate allegations. All three Counterclaim Defendants bring a claim for defamation, libel, and slander per se against Plaintiffs in connection with an interview they gave to the New York Post. The interview resulted in an article published on September 22, 2018 (the \"Article\"), which was titled \"College professors allegedly sold drugs, 'pimped' out students.\" The Article contained many of the same accusations as those in the Amended Complaint, including that professors sexually assaulted Plaintiffs and encouraged them to have sex with other professors. In his first counterclaim, Curtis also highlights that Plaintiffs repeated similar allegations in meetings with the New York City Police Department's Special Victims Unit, the New York County District Attorney's sex crimes unit, and the New York State Inspector General's Office, and later in an additional interview with the New York Post. The second New York Post interview resulted in an article titled \"Professors accused of pimping out students got nearly $500K to study prostitution.\" \u2026 Additionally, Curtis brings a second counterclaim against Plaintiffs for defamation, libel, and slander per se in connection with Plaintiffs' social media posts. On Instagram and Twitter, Cojocaru allegedly made statements such as \"serial sexual predator and fake PhD gets to be suspended without pay while his victims struggle to make ends meet.\" In reaction to a news story about Jeffrey Epstein, Cojocaru wrote, \"We only have to look at cases where men in positions of power gain trust-men like catholic priests, university professors \u2026. These men have power and privileges, complete with a network of enablers and accomplices, shielding them from accountability for decades. Some even have institutional legitimacy, like the disgraced @JohnJayCollege professors.\" 2/17/25, 12:56 Judge Allows Professors' Libel Case Against Ex-Students to Go Forward 2/4 Finally, Curtis brings a counterclaim against Plaintiffs for tortious interference with contractual and business relations. He alleges that Plaintiffs' false accusations led John Jay to suspend him and commence termination proceedings, in breach of his contractual, business, and professional relationship with John Jay and the City University of New York\u2026. The court largely allowed the counterclaims to go forward, in particular mostly concluding that the statements were potentially actionable factual assertions and not pure opinions hold that Counterclaim Defendants sufficiently plead that the vast majority of Plaintiffs' alleged statements are statements of fact, or at worst statements of mixed opinion [i.e., statements of opinion that appear to be based on implied statements of fact -EV], that are subject to a defamatory meaning. Haber's alleged statements that Curtis encouraged her to have sex with other professors is an objective assertion that is provable as either true or false and whose meaning is readily understandable. Statements characterizing Counterclaim Defendants' role in the alleged misconduct, describing the Swamp using terms like \"deprav[ed]\" and \"toxic,\" and comparing John Jay professors to individuals involved in the Jeffrey Epstein case are also actionable. In context, a reader would take these statements to imply sexual abuse, harassment, and other forms of misconduct that are either described in the New York Post article or undisclosed but known to the speakers\u2026. \"[O]pinions based on false facts are actionable against a defendant who had knowledge of the falsity or probable falsity of the underlying facts.\" \u2026 [S]tatements of mixed opinion are actionable because of \"the implication that the speaker knows certain facts, unknown to [her] audience, which support his opinion and are detrimental to the person about whom he is speaking[.]\" \u2026 The only alleged statements that are not actionable are Haber's alleged statements that her experience at John Jay made her suicidal and that the professors \"killed [her] spiritually in a way.\" These statements reflect her reaction to events. Additionally, the latter statement is not susceptible to a precise meaning and is not capable of being proven as true or false. Counterclaim Defendants sufficiently plead that all the alleged defamatory statements constitute defamation per se [as to which] {\"the law presumes that damages will result, and they need not be alleged or proven\"}. Statements that can constitute defamation per se are \"statements (i) charging plaintiff with a serious crime; (ii) that tend to injure another in his or her trade, business or profession; (iii) that plaintiff has a loathsome disease; or (iv) imputing unchastity to a woman.\" Many of Plaintiffs' challenged statements concern acts of violence or the sale of drugs. These statements \"charg[e] plaintiff with a serious crime.\" The remaining statements concern other forms of misconduct toward students or poor academic integrity. When directed at a group of professors, those statements tend to injure the Counterclaim Defendants in their profession. The court also allowed the interference with contract and business relations counterclaim to go forward, because it too was based on claims of \"maliciously fabricated allegations\" by plaintiffs. The court did not have occasion to decide, at this point, what to do with the plaintiffs' affirmative claims against the defendants 7/13/20 11:23 am: The opinion says the lawsuit was against the City College of New York, but that's apparently an error\u2014the Complaint says the lawsuit is against the City University of New York, and the People's Front of Judea Judean People's Front City College of New York is one part of (and not the part that's actually involved in the lawsuit). Start your day with Reason. Get a daily brief of the most important stories and trends every weekday morning when you subscribe to Reason Roundup. Email Address Submit NEXT: Today in Supreme Court History: July 13, 1787 is the Thomas M. Siebel Senior Fellow at the Hoover Institution at Stanford, and the Gary T. Schwartz Distinguished Professor of Law Emeritus and Distinguished Research Professor at School of Law. Naturally, his posts here (like the opinions of the other bloggers) are his own, and not endorsed by any institution 2/17/25, 12:56 Judge Allows Professors' Libel Case Against Ex-Students to Go Forward 3/4 About Browse Topics Events Staff Jobs Donate Advertise Subscribe Contact Media Shop Amazon \uf09a\ue61b\uf16d\ue07b\uf167\uf3b5\uf44d\uf09e \u00a9 2024 Reason Foundation | Accessibility | Privacy Policy | Terms Of Use This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. \uf086 Show Comments (4 \uf0c1 2/17/25, 12:56 Judge Allows Professors' Libel Case Against Ex-Students to Go Forward 4/4", "8774_105.pdf": "Ex-Students File Lawsuit, Allege John Jay Professors Created 'Cesspool of Sexism' and 'Illegal Drug Use' nbcnewyork.com/news/local/Ex-Students-File-Lawsuit-Allege-John-Jay-Professors-Cesspool-Sexism-Illegal- Drug-Use-New-York-City-511131351.html What to Know Two former John Jay College of Criminal Justice students are suing the New York City school and four if its professors The suit alleges the school and professor created a \u201ccesspool of sexism, misogyny, sexual harassment and illegal drug use\u201d Claudia Cojocaru, 40, an ex-student who became an adjunct professor at the college, and Naomi Haber, 25, filed a federal civil-rights suit Two former John Jay College of Criminal Justice students are suing the school and four of its professors, alleging they created a \u201ccesspool of sexism, misogyny, sexual harassment and illegal drug use\" culminating in instances of rape. Claudia Cojocaru, 40, a former student who subsequently became an adjunct professor at the college, and Naomi Haber, 25, filed a federal civil-rights suit in Manhattan Monday seeking unspecified damages to be determined at trial, plus interest, for a myriad of alleged violations including discrimination and retaliation. The lawsuit goes after John Jay, City University of New York, veteran anthropology professor Ric Curtis, professor Anthony Marcus, professor Barry Spunt and a former adjunct professor, Leonardo Dominguez. The complaint says that many incidents of unacceptable behavior took place in an exclusive and clandestine environment known as \u201cThe Swamp\u201d \u2014 a place where Curtis and other faculty members would allegedly act \u201copenly hostile to the norms of law, ethics and morality.\u201d It was in \u201cThe Swamp\u201d where Curtis and the other professors mentioned in the lawsuit allegedly \u201cdegraded and dehumanized female colleagues and students,\u201d often referring to them using derogatory terms. Additionally, according to the lawsuit, professors would openly drink alcohol and use drugs including marijuana, cocaine, heroin and in \u201cThe Swamp\u201d and push these substances upon students as well. The federal complaint includes accusations that Curtis supplied Cojocaru with booze, made sexual advances and sexually assaulted her. 1/2 The complaint also says that in the summer of 2015, Curtis \u201cencouraged Ms. Cojocaru to drink alcoholic beverages\u201d and when she began to fell \u201cdizzy and nauseous\u201d Curtis groped, touched and assaulted her in an office in \u201cThe Swamp\u201d located at John Jay\u2019s Annex. The complaint also alleges that Curtis took Cojocaru\u2019s and other students\u2019 work and or ideas and passed them off as his own. Furthermore, the complaint alleges that Marcus raped Haber in a Washington hotel room while they attended an academic conference in 2015. The lawsuit also claims that Marcus \u201cwas emboldened by Ms. Haber\u2019s silence,\u201d continued to sexually harass her and subsequently raped her at his office in the summer of 2016. The explosive complaint also includes photos that apparently show drugs and drug paraphernalia openly displayed in Curtis\u2019 office. In one photo, Curtis is shown with what appears to be a marijuana cigarette in between his lips. Inappropriate and sexually explicit text messages, including a photo that Curtis allegedly sent Haber of himself topless, were also included as evidence in the lawsuit. In the complaint, both Haber and Cojocaru allege that John Jay\u2019s policies and practices were inadequate to protect alleged victims when they reported complaints of sexual misconduct. The complaint goes on to say that despite a \u201cbiased and improper investigation, John Jay substantiates many of Ms. Cojocaru and Ms. Haber\u2019s allegations of sexual misconduct.\u201d According to John Jay, after school officials learned of the allegations, the faculty members were placed on administrative leave, law enforcement authorities were notified and external investigators were hired to assist the school with a thorough and fair investigation. \u201cBased on the results of that investigation, we are initiating disciplinary action against the faculty members involved seeking to terminate them,\" John Jay says. In a statement to 4 New York, John Jay spokesman Richard Relkin says: \u201cJohn Jay will promptly, thoroughly, and fairly investigate any allegations of misconduct and hold accountable anyone \u2013 without exception \u2013 who is found to violate our policies.\u201d Attorney information for the four men accused was not immediately clear. John Jay School of Criminal Justice forms part of the City University of New York school system. 2/2", "8774_106.pdf": "/** * Mandy added */ Sociology Faculty Books Home / Academics / Academic Departments / Department of Sociology / Faculty / Sociology Faculty Books Youth Street Gangs critical appraisal Routledge, 2015 David C. Brotherton Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 1/49 Gangs have been heavily pathologized in the last several decades. In comparison to the pioneering Chicago School work on gangs in the 1920\u2019s we have moved away from a humanistic appraisal of and sensitivity toward the phenomenon and have allowed the gang to become a highly plastic folk devil outside of history. This pathologization of the gang has particularly negative consequences for democracy in an age of punishment, cruelty and coercive social control. This is the central thesis of David Brotherton\u2019s new and highly contentious book on street gangs. Drawing on a wealth of highly acclaimed original research, Brotherton explores the socially layered practices of street gangs; including community movements, cultural projects and sites of social resistance. The book also critically reviews gang theory and the geographical trajectories of streets gangs from New York and Puerto Rico to Europe, the Caribbean and South America, as well as state- sponsored reactions and the enabling role of orthodox criminology. In opposition to the dominant gang discourses, Brotherton proposes the development of a critical studies approach to gangs and concludes by making a Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 2/49 plea for researchers to engage the gang reflexively, paying attention to the contradictory agency of the gang and what gang members actually tell us. The book is essential reading for academics and students involved in the study of juvenile delinquency, youth studies, deviance, gang studies and cultural criminology. Click Here for Online Purchase Information Crime Victims: An Introduction to Victimology (9th Edition) Cengage Learning, 2015 Andrew Karmen first in the field when initially published and now a true classic, Crime Victims: An Introduction To Victimology, Ninth Edition, offers the most comprehensive and balanced exploration of victimology available today. The author examines the victims' plight, carefully placing statistics from the FBI's Uniform Crime Report and Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 3/49 Bureau of Justice Statistics National Crime Victimization Survey in context. At the same time, he \"humanizes\" victims' stories through compelling case studies. The text systematically investigates how victims are currently handled by the criminal justice system, analyzes the goals of the victims' rights movement, and discusses what the future is likely to hold. This Ninth Edition presents current coverage of the seriousness of intimate partner violence, child abuse, sexual assaults in the U.S. military, acquaintance rapes on college campuses, shootings on campuses, whether arming for self-protection is an effective strategy, and similar high-profile issues. It also includes new information about \"survivorology\" and \"bystanderology\" as well as new material on practical issues facing victims Click Here for Online Purchase Information The Development of Criminal and Antisocial Behavior: Theory, Research and Practical Applications Springer, 2015 Julien Morizot and Lila Kazemian This edited book summarizes the current state of knowledge on the development of criminal and antisocial behavior over the life course. It focuses mainly on the developmental perspective, which has had a paradigmatic influence on current theoretical and empirical works in criminology. With a multidisciplinary perspective, the book reviews: (a) the fundamental concepts of developmental criminology; (b) the risk factors and developmental processes related to the most salient personal (e.g., genetics, personality) and environmental (e.g., family, peers, school) domains explaining the development of criminal and antisocial behavior; (c) the developmental issues related to a number a special themes (e.g., women Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 4/49 criminality, street gangs) and (d) the applied and policy implications of research in developmental criminology. In each chapter, prominent researchers from different disciplines such as criminology and psychology summarize the state of knowledge on a specific topic, identify the shortcomings of past research, offer recommendations for future research needs. Click here for Online Purchase Information Upscaling Downtown: From Bowery Saloons to Cocktail Bars in New York City Princeton University Press, 2014 Richard E. Ocejo Once known for slum-like conditions in its immigrant and working-class neighborhoods, New York City\u2019s downtown now features luxury housing, chic boutiques and hotels, and, most notably, a vibrant nightlife culture. While a burgeoning bar scene can be viewed as a positive sign of urban transformation, tensions lurk beneath, reflecting the social conflicts within postindustrial cities. Upscaling Downtown examines the perspectives and actions of disparate social groups who have been affected by or played a role in the nightlife of the Lower East Side, East Village, and Bowery. Using the social world of bars as windows into understanding urban development, Richard Ocejo argues that the gentrifying neighborhoods of postindustrial cities are increasingly influenced by upscale commercial projects, causing significant conflicts for the people involved. Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 5/49 Ocejo explores what community institutions, such as neighborhood bars, gain or lose amid gentrification. He considers why residents continue unsuccessfully to protest the arrival of new bars, how new bar owners produce a nightlife culture that attracts visitors rather than locals, and how government actors, including elected officials and the police, regulate and encourage nightlife culture. By focusing on commercial newcomers and the residents who protest local changes, Ocejo illustrates the contested and dynamic process of neighborhood growth. Delving into the social ecosystem of one emblematic section of Manhattan, Upscaling Downtown sheds fresh light on the tensions and consequences of urban progress. Click here for Online Purchase Information Tightrope Racial Journey to the Age of Obama Rutgers University Press, 2014 Gail Garfield Tightrope Racial Journey to the Age of Obama explores race and politics in the United States, addressing racial inequalities and injustices that have led to a point Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 6/49 in history where, seemingly improbably, Americans have elected (and re-elected) a black man as president. We, as a nation, have taken precarious steps to arrive at the age of Obama, while remaining steeped in contradictions. Our steps on this racial tightrope are a work in progress\u2014a history in the making\u2014that will largely influence who we are and who we hope to become as Americans. Gail Garfield retraces our steps along this wavering racial tightrope, weaving in her own experiences, including her childhood in the Jim Crow south, with the nation\u2019s broader racial history to trace the remarkable shift in America\u2019s racial landscape. The divergent steps we have taken, teetering between regressive and progressive racial politics, between stifling continuity and meaningful change, have led us to where we now tread as a nation, in this new Age of Obama. The halting, swaying missteps created by racial fears, hatred, and anger reveal the important imprints of separation and difference, and the bold, assured steps open up possibilities for inclusion, acceptance, and belonging. Tightrope challenges readers to reflect on their own steps on the racial tightrope and to ask basic questions about racial identity and progress in the United States. Click here for Online Purchase Information Women, Crime and Criminal Justice Global Enquiry Routledge, 2014 Rosemary Barberet Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 7/49 Winner of the Division of International Criminology\u2019s 2014 Distinguished Book Award and the Academy of Criminal Justice Sciences International Section's 2015 Outstanding Book Award Women, Crime and Criminal Justice is the the first fully internationalized book to focus on women as offenders, victims and justice professionals. It provides background, as well as specialized information that allows readers to comprehend the global forces that shape women and crime; analyze different types of violence against women (in peacetime and in armed conflict); and grasp the challenges faced by women in justice professions such as the police, the judiciary and international peacekeeping. Provocative, highly topical, engaging and written by an expert in the field, this book examines the role of women in crime and criminal justice internationally. Topics covered include: \u2022 the role of globalization and development in patterns of female offending and victimization, \u2022 how a human rights framework can help explain women\u00b4s crime, victimization and the criminal justice response, \u2022 global women\u2019s activism, Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 8/49 This book will be essential reading for those involved in the study of development, human rights, governance, security sector reform, international relations and public health, as debates about these subjects are intrinsically linked to the issues surrounding women, crime and justice. It will also be useful for students taking courses on gender, crime and criminal justice, violence against women, international criminal justice and gender studies. Click here for Online Purchase Information Heroin and Music in New York City Palgrave Macmillan, 2014 Barry Spunt \u2022 international perspectives on violence against women, including femicide, violence in conflict and post conflict settings, sex work and sex trafficking, \u2022 women\u2019s access to justice, as well as the increased role of women in international criminal justice settings. Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 9/49 Heroin abuse amongst musicians has never been limited to one genre, but the nature of the connection between heroin and music is not well understood at all. Narrative accounts from a sample of 69 New York City-based musicians and self- acknowledged heroin abusers will address the beginnings of their heroin addictions, it's prevalence amongst artists in certain music genres, and the impact - detrimental or otherwise - heroin has on musicians' playing, creativity, and careers. \"Spunt's study of heroin use amongst New York City's musicians is an exciting academic journey for those who appreciate the merits of qualitative research and especially scholars working in urban ethnography and cultural criminology. Readers will discover that Spunt's groundbreaking study engages the critical academic mind and also the human heart: this book confronts the reader with a Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 10/49 vast human tragedy where many of our best musicians have ruined their artistic excellence with heroin.\" \u2013Thaddeus Muller, Assistant Professor of Criminology, Erasmus University, The Netherlands \"Spunt clearly and comprehensively demonstrates the connection between heroin and music and the need for a better understanding of that nexus.\" \u2013Henry H. Brownstein, Senior Fellow, University of Chicago \"This work promises to make a unique contribution to the sociological literature on music and drug use. Spunt is eminently qualified to make this statement, having distinguished himself as a veteran ethnographer of the New York City heroin scene. His depiction of New York City heroin-using musicians is simply fascinating, sure to become a classic in the field.\" \u2013Mark S. Hamm, Professor of Criminology and Criminal Justice, Indiana State University, USA, and author of The Spectacular Few: Prisoner Radicalization and the Evolving Terrorist Threat Click here for Online Purchase Information Courting Kids: Inside an Experimental Youth Court New York University Press, 2013 Carla J. Barrett Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 11/49 This book examines a unique judicial experiment called the Manhattan Youth Part, a specialized criminal court set aside for youth prosecuted as adults in New York City. Focusing on the lives of those coming through and working in the courtroom, Barrett\u2019s ethnography is a study of a microcosm that reflects the costs, challenges, and consequences the \u201ctough on crime\u201d age has had, especially for male youth of color. \u201cThis insightful ethnography tells a compelling story of injustice, humanity, and suffering\u2014of a judge\u2019s struggle to do right despite challenging circumstances\u2014and in the process offers a powerful critique against transfer to criminal court.\u201d \u2013Aaron Kupchik, author of Homeroom Security \"an articulate and intelligent ethnographic study\" \u2013Sarah Ciftci, Current Issues in Criminal Justice \"Explores the experiment in child-saving undertaken by the Manhattan Youth Part of the New York criminal court system and considers the insights it offers about the persecution of youth offenders.\" \u2013Journal of Economic Literature \u201cAn impressive and important book. Meticulously researched and well written the book offers an insightful account of the way one court adapted to the legal effort to try juvenile offenders as adults.\u201d \u2013Austin Sarat, author of Life without Parole Click Here for Online Purchase Information Come Out Swinging: The Changing World of Boxing in Gleason's Gym Princeton University Press, 2013 Lucia Trimbur Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 12/49 Gleason's Gym is the last remaining institution of New York's Golden Age of boxing. Jake LaMotta, Muhammad Ali, Hector Camacho, Mike Tyson--the alumni of Gleason's are a roster of boxing greats. Founded in the Bronx in 1937, Gleason's moved in the mid-1980s to what has since become one of New York's wealthiest residential areas--Brooklyn's DUMBO. Gleason's has also transformed, opening its doors to new members, particularly women and white-collar men. Come Out Swinging is Lucia Trimbur's nuanced insider's account of a place that was once the domain of poor and working-class men of color but is now shared by rich and poor, male and female, black and white, and young and old. Come Out Swinging chronicles the everyday world of the gym. Its diverse members train, fight, talk, and socialize together. We meet amateurs for whom boxing is a full-time, unpaid job. We get to know the trainers who act as their father figures and mentors. We are introduced to women who empower themselves physically and mentally. And we encounter the male urban professionals who pay handsomely to learn to box, and to access a form of masculinity missing from their office-bound lives. Ultimately, Come Out Swinging reveals how Gleason's meets the needs of a variety of people who, despite their differences, are connected through discipline and sport. Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 13/49 \"Trimbur . . . capture[s] the faces and dramas--often internal--of a modern, urban boxing gym.\" \u2013Choice \"This is rich and fascinating book. . . . Lucid and refreshingly free of unessential academic jargon, this is a book that should be read by any anthropologist, historian or sociologist seeking to understand the changing world of sport and leisure since the 1980s. Most importantly, it is a book is written with great humanity.\" \u2013Tony Collins, Sport in History brilliant, humane, and critically attentive book.\" \u2013Les Back, Goldsmiths, University of London \"What is work? Trimbur's exquisite ethnography reveals postindustrial New York as a socially and spatially segregated landscape shaped by disappearing jobs for-- and relentless criminalization of--modestly educated people of color. By developing their bodies as worksites and instruments, the boxers Trimbur describes enact complex understandings of the contradictory struggles to remix their labor with the external world. These sobering insights give me hope.\" \u2013Ruth Wilson Gilmore, author of Golden Gulag: Prisons, Surplus, Crisis, and Opposition in Globalizing California \"This book is a gem. Incisive, deeply principled, and acutely observed, it yields nothing to the idea that Gleason's Gym should be seen as an exotic place. The product of extensive fieldwork, Trimbur's writing overflows with insights into work, sport, masculinity, and above all 'the realization of the colonial model within the metropolitan heartland.'\" \u2013Paul Gilroy, author of The Black Atlantic Click here for Online Purchase Information Outside Justice: Immigration and the Criminalizing Impact of Changing Policy and Practice Springer, 2013 David C. Brotherton, Daniel Stageman, and Shirley Leyro Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 14/49 Outside Justice: Undocumented Immigrants and the Criminal Justice System fills a clear gap in the scholarly literature on the increasing conceptual overlap between popular perceptions of immigration and criminality, and its reflection in the increasing practical overlap between criminal justice and immigration control systems. Drawing on data from the United States and other nations, scholars from a range of academic disciplines examine the impact of these trends on the institutions, communities, and individuals that are experiencing them. Individual entries address criminal victimization and labor exploitation of undocumented immigrant communities, the effects of parental detention and deportation on children remaining in destination countries, relations between immigrant communities and law enforcement agencies, and the responses of law enforcement agencies to drastic changes in immigration policy, among other topics. Taken as a whole, these essays chart the ongoing progression of social forces that will determine the well-being of Western democracies throughout the 21st century. In doing so, they set forth a research agenda for reexamining and challenging the goals of converging criminal justice and immigration control policy, and raise a number of carefully considered, ethical alternatives to the contemporary policy status quo.\u200b Contemporary immigration is the focus of highly charged rhetoric and policy innovation, both attempting to define the movement of people across national borders as fundamentally an issue of criminal justice. This realignment has had Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 15/49 profound effects on criminal justice policy and practice and immigration control alike, and raises far-reaching implications for social inclusion, labor economies, community cohesion, and a host of other areas of immediate interest to social science researchers and practitioners. Click Here for Online Purchase Information Profit Without Honor: White Collar Crime and the Looting of America (6th Edition) Prentice Hall, 2013 Stephen M. Rosoff, Henry N. Pontell, and Robert Tillman Profit Without Honor clearly exposes the battle between personal gain and individual integrity and provides a comprehensive overview of white-collar crime in American society. Presenting a vivid picture of all types of white-collar crime, the book covers high-profile cases, the latest trends in criminal activity, and a Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 16/49 thorough discussion of the victims and consequences of these criminal behaviors. This edition addresses the recurrent financial meltdowns in recent years and the role of fraud and corporate crime in these crises. Utilizing both academic and popular sources, the book challenges readers to grasp the importance and long- term effects of white-collar crime in America. Click Here for Online Purchase Information Ethnography and the City: Readings on Doing Urban Fieldwork Routledge, 2012 Richard E. Ocejo This book is the only collection of its kind on the market, gathering the work of some of the most esteemed urban ethnographers in sociology and anthropology. Broken down into sections that cover key aspects of ethnographic research, Ethnography and the City will expose readers to important works in the field, while also guiding students to the study of method as they embark on their own work. Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 17/49 \"Ethnography and the City is an invaluable book for readers fascinated by city life, and for anyone planning to conduct original ethnographic research will become an essential text. Sociologist Richard Ocejo, himself a talented urban ethnographer, offers readers an outstanding set of classic and contemporary urban ethnographic essays, with original introductions that brilliantly highlight the personal, theoretical, and ethical challenges of the urban ethnographer\u2019s science and craft.\" \u2013William Kornblum, Sociology, Chair, Center for Urban Research, Graduate Center, City University of New York strong, well-constructed volume of readings both classic and contemporary that will yield the careful reader great insight into the continued challenge of urban ethnography.\" \u2013Gerardo Marti, Sociology, Davidson College \"This volume is a must-read for budding and seasoned urban ethnographers. Like no other reader, this collection of essays showcases four core themes that ethnographers must grapple with to successfully collect rich, compelling, and accurate data. For those teaching ethnography and qualitative methods, adding this volume to course readings will greatly enhance student mastery of this invaluable social science research method.\" \u2013Derek S. Hyra, Urban Affairs and Planning, Virginia Tech Click Here for Online Purchase Information Finding Mecca in America: How Islam Is Becoming an American Religion University Of Chicago Press, 2012 Mucahit Bilici Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 18/49 The events of 9/11 had a profound impact on American society, but they had an even more lasting effect on Muslims living in the United States. Once practically invisible, they suddenly found themselves overexposed. By describing how Islam in America began as a strange cultural object and is gradually sinking into familiarity, Finding Mecca in America illuminates the growing relationship between Islam and American culture as Muslims find a homeland in America. Rich in ethnographic detail, the book is an up-close account of how Islam takes its American shape. In this book, Mucahit Bilici traces American Muslims\u2019 progress from outsiders to natives and from immigrants to citizens. Drawing on the philosophies of Simmel and Heidegger, Bilici develops a novel sociological approach and offers insights into the civil rights activities of Muslim Americans, their increasing efforts at interfaith dialogue, and the recent phenomenon of Muslim ethnic comedy. Theoretically sophisticated, Finding Mecca in America is both a portrait of American Islam and a groundbreaking study of what it means to feel at home. Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 19/49 \"Bilici's theoretical acumen is reason enough to pick up the book -the range of sources from which he pulls is dazzling.. Like many sociological argument, Bilici's is quite indebted to Bourdieu, yet unlike virtually any contemporary American sociology, it's also indebted to Heidegger and Simmel... Yet just as important is his facility with Islamic social theory, which, for him, ceases to be simply a useful 'native category' in cataloging Muslims and becomes another series of tools - alongside American pragmatism- to describe how life works.\" \u2013Jeff Guhin, Yale University, Contemporary Islam \"Interpretations of Muslim assimilation have gravitated between two arguments: that Muslims will remain as permanent outsiders or that Muslims will blend in with little difficulty at all. Mucahit Bilici demonstrates how wanting these arguments are. Finding Mecca in America takes us into the uncharted territory of what it is actually like to be Muslim immigrants in the United States am especially impressed by the study\u2019s theoretical depth and empirical insights.\" \u2013Robert Wuthnow author of America and the Challenges of Religious Diversity work of considerable originality, Mucahit Bilici offers a well crafted and insightful analysis of the complex process of integration that Muslim immigrants face in the United States since 9/11. Bilici\u2019s look at Islam as a religion in the American system is rich and rewarding.\" \u2013Jos\u00e9 Casanova, Georgetown University very insightful and important book that helps us think better about a badly understudied subject of immense importance, the meaning of Muslims in America. Bilici\u2019s insights help to break through simplistic stereotypes and deepen our understanding of Islam in the United States, while expanding our imagination concerning the presences of minority religions in a Christian/secular nation.\" \u2013 Christian Smith, Center for the Study of Religion and Society, University of Notre Dame \"Finding Mecca in America weaves social theory and concrete ethnography into a significant contribution on Muslims in the United States, illuminating broader questions about the integration of minority and immigrant groups along the way. This is an important work and a joy to read.\" \u2013Eboo Patel, President, Interfaith Youth Core and author of Sacred Ground Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 20/49 \"Bilici provides important examples and analyses of ways in which Muslims in America are embedding themselves within society, becoming members of communities and responding to their collective challenges. The unique content, perspectives and experiences are presented in an accessible format making the text suitable for an upper undergraduate course.\" \u2013Culture and Religion Click Here for Online Purchase Information How They Got Away With It: White Collar Criminals and the Financial Meltdown Columbia University Press, 2012 Susan Will and David Brotherton team of scholars with backgrounds in criminology, sociology, economics, business, government regulation, and law examine the historical, social, and cultural causes of the 2008 economic crisis. How They Got Away With It probes the Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 21/49 workings of the toxic subprime loan industry, the role of external auditors, the consequences of Wall Street deregulation, the manipulations of alpha hedge fund managers, and the \"Ponzi-like\" culture of contemporary capitalism. They unravel modern finance's complex schematics and highlight their susceptibility to corruption, fraud, and outright racketeering. They examine the involvement of enablers, including accountants, lawyers, credit rating agencies, and regulatory workers, who failed to protect the public interest and enforce existing checks and balances. While the United States was \"ground zero\" of the meltdown, the financial crimes of other countries intensified the disaster. Internationally-focused essays consider bad practices in China and the European property markets and draw attention to the far-reaching consequences of transnational money laundering and tax evasion schemes. By approaching the 2008 crisis from the perspective of white collar criminology, contributors build a more general understanding of the collapse and crystallize the multiple human and institutional factors preventing capture of even the worst offenders. \"We have clearly not learned the lessons of past financial debacles, a central one being that crime has played a significant role in them. Unlike traditional economic and legal analyses, this volume starts from the (correct) premise that criminal offending was a central phenomenon in the meltdown. Its contents provide diverse and penetrating analyses of how fraud occurred and how it might best be prevented. This work provides an excellent foundation for further academic research and needs to be on the desk of every legislator dealing with financial regulation.\" \u2013Henry N. Pontell, University of California, Irvine, coauthor of Profit Without Honor: White-Collar Crime and the Looting of America \"Criminology failed the challenges of the global financial crisis. In this book, leading criminologists put this right by explaining impunity for the crimes of financial capitalism. It is rich with insight on how Wall Street games regulation. When Goldman Sachs takes fat fees to help Greece conceal its debt, is fraud involved? Are millions of unemployed Greeks victims of fraud? Are we all? What of Goldman Sachs then placing bets on the failure of the Greek economy? These are the questions considered in this important work.\" \u2013John Braithwaite, Australian National University \"...this book is a valuable resource for details about the financial crisis.\" \u2013Library Journal Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 22/49 Click Here for Online Purchase Information The Russian Writer's Daughter Mayapple Press, 2011 Lydia S. Rosner The Russian Writer's Daughter is a collection of lively autobiographical stories about growing up in a Russian-American Jewish household in the stifling political atmosphere of the Red Scare. At the center of these memories is Lyduce\u2019s father, whose complex personality mixes a passion for social justice, the desire to protect his family, and intellectual snobbery. In this revelatory memoir, international politics shadow a child\u2019s gradual awakening to the world around her. As she tells her family\u2019s story, Rosner shows how complicated autobiography can be, more a matter of pursuing the truth than of asserting it. Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 23/49 Dr. Lydia S. Rosner, Professor Emeritus of Sociology, has been on the faculty at John Jay College of Criminal Justice, City University of New York, since 1985. Mentioned in Two Thousand Notable American Women, Who\u2019s Who in America and Who\u2019s Who in the East, Dr. Rosner has traveled the world with a keen interest in cultures and social structures. Click Here for Online Purchase Information Banished to the Homeland: Dominican Deportees and Their Stories of Exile Columbia University Press, 2011 David C. Brotherton and Luis Barrios The 1996 U.S. Immigration Reform and Responsibility Act has led to the forcible deportation of tens of thousands of Dominicans from the United States. Following thousands of these individuals over a seven-year period, David C. Brotherton and Luis Barrios use a unique combination of sociological and criminological reasoning to isolate the forces that motivate emigrants to leave their homeland and then commit crimes in the Unites States violating the very terms of their stay. Housed in urban landscapes rife with gangs, drugs, and tenuous working conditions, these individuals, the authors find, repeatedly play out a tragic scenario, influenced by long-standing historical injustices, punitive politics, and increasingly conservative attitudes undermining basic human rights and freedoms. Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 24/49 Brotherton and Barrios conclude that a simultaneous process of cultural inclusion and socioeconomic exclusion best explains the trajectory of emigration, settlement, and rejection, and they mark in the behavior of deportees the contradictory effects of dependency and colonialism: the seductive draw of capitalism typified by the American dream versus the material needs of immigrant life; the interests of an elite security state versus the desires of immigrant workers and families to succeed; and the ambitions of the Latino community versus the political realities of those designing crime and immigration laws, which disadvantage poor and vulnerable populations. Filled with riveting life stories and uncommon ethnographic research, this volume relates the modern deportee's journey to broader theoretical studies in transnationalism, assimilation, and social control. Click Here for Online Purchase Information Routledge Handbook of International Criminology Routledge, 2011 Cindy J. Smith, Sheldon X. Zhang, and Rosemary Barberet The Routledge Handbook of International Criminology brings together the latest thinking and findings from a diverse group of both senior and promising young scholars from around the globe. This collaborative project articulates a new way of thinking about criminology that extends existing perspectives in understanding Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 25/49 crime and social control across borders, jurisdictions, and cultures, and facilitates the development of an overarching framework that is truly international. The book is divided into three parts, in which three distinct yet overlapping types of crime are analyzed: international crime, transnational crime, and national crime. Each of these perspectives is then articulated through a number of chapters which cover theory and methods, international and transnational crime analyses, and case studies of criminology and criminal justice in relevant nations. In addition, questions placed at the end of each chapter encourage greater reflection on the issues raised, and will encourage young scholars to move the field of inquiry forward. This handbook is an excellent reference tool for undergraduate and graduate students with particular interests in research methods, international criminology, and making comparisons across countries. Click Here for Online Purchase Information The State of Sex: Tourism, Sex, and Sin in the New American Heartland Routledge, 2010 Barbara G. Brents, Crystal A. Jackson, and Kathryn Hausbeck Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 26/49 The State of Sex is a study of Nevada\u2019s brothels, the nation's only legal prostitution industry. Drawing on theories of political economy and contemporary tourism, the authors situate Nevada within the \"new American heartland,\" as the state\u2019s pastimes, people, and politics have become more central to the nation. The rise of a service and leisure economy over the past sixty years has propelled sexuality into the heart of contemporary markets. Yet, neoliberal laws in the United States promote business but limit sexual commerce. How have Nevada's legal brothels survived, while the rest of the country criminalizes the sale of sex? How do brothels operate? Who works in them? This book brings social theory on globalizing economies, politics, leisure consumption, and emotional labor in interactive service work together with research on contemporary prostitution and sexual commerce. The authors employ an innovative, multi-method sociological approach, combining historical analysis of how the brothels came to be with over a decade's worth of ethnographic research on the current state of the industry. Click Here for Online Purchase Information Who You Claim: Performing Gang Identity in School and on The Streets New York University Press, 2010 Robert Garot Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 27/49 The color of clothing, the width of shoe laces, a pierced ear, certain brands of sneakers, the braiding of hair and many other features have long been seen as indicators of gang involvement. But it\u2019s not just what is worn, it\u2019s how: a hat tilted to the left or right, creases in pants, an ironed shirt not tucked in, baggy pants. For those who live in inner cities with a heavy gang presence, such highly stylized rules are not simply about fashion, but markers of \"who you claim,\" that is, who one affiliates with, and how one wishes to be seen. In this carefully researched ethnographic account, Robert Garot provides rich descriptions and compelling stories to demonstrate that gang identity is a carefully coordinated performance with many nuanced rules of style and presentation, and that gangs, like any other group or institution, must be constantly performed into being. Garot spent four years in and around one inner city alternative school in Southern California, conducting interviews and hanging out with students, teachers, and administrators. He shows that these young people are not simply scary thugs who always have been and always will be violent criminals, but that they constantly modulate ways of talking, walking, dressing, writing graffiti, wearing make-up, and hiding or revealing tattoos as ways to play with markers of identity. They obscure, reveal, and provide contradictory signals on a continuum, moving into, through, and out of gang affiliations as they mature, drop out, or graduate. Who You Claim provides a rare look into young people\u2019s understandings of the meanings and contexts in which the magic of such identity work is made manifest. \"[A] beautifully complex picture of youth identity\u2026.Who You Claim is a \u2018must-read\u2019 for scholars interested not just in gangs, but also in youth identity, education, urban neighborhoods, and violence more generally.\" \u2013Andrew V. Papachristos, Contemporary Sociology \"Garot has provided deep insight into an inner\u2012city alternative school showing how self identity can change and adjust to the surrounding circumstances and why gang identity is a variable that defies a fixed characterization.\" \u2013Diego Vigil, author of The Projects: Gang and Non\u2012Gang Families in East Los Angeles \"Garot should be commended for his well-written, exceptionally insightful school ethnography teach graduate courses on cultural differences and educational research, and plan to use this book as an example of how to design, execute, and Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 28/49 present exemplary research, and most importantly, how to represent historically marginalized young people accurately, ethically, and in a manner that reveals their humanity in dehumanizing circumstances.\" \u2013Annette Hemmings, Teachers College Record cannot recommend this book enough should add that it is highly readable at undergraduate levels. They should make it mandatory reading for criminologists and law enforcement members.\" \u2013Global Sociology Blog \"Path breaking and precedent-setting. Robert Garot has appreciated what no one has before, the essential shadow quality of urban gangs, which are not so much things one can be in as they are things danced around, avoided, played with, and very occasionally, practically invoked.\" \u2013Jack Katz, author of How Emotions Work \"Written with the ink of theory, passion, fine attention to method and ethics, Garot represents with dignity the complex and strategic maneuverings of youth in gangs as he represents with humility the equally complex negotiations of a white guy ethnographer working with, for and beside urban youth.\u201d \u2013Michelle Fine, co- author of Silenced Voices and Extraordinary Conversations: Re-Imagining Schools Click Here for Online Purchase Information Through Our Eyes: African American Men's Experiences of Race, Gender, and Violence Rutgers University Press, 2010 Gail Garfield Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 29/49 How have African American men interpreted and what meaning have they given to social conditions that position them as the primary perpetrators of violence? How has this shaped the ways they see themselves and engaged the world? Through Our Eyes provides a view of black men\u2019s experiences that challenges scholars, policy makers, practitioners, advocates, and students to grapple with the reality of race, gender, and violence in America.This multi-level analysis explores the chronological life histories of eight black men from the aftermath of World War through the Cold War and into today. Gail Garfield identifies the locations, impact, and implications of the physical, personal, and social violence that enters the lives of African American men. She addresses questions critical to understanding how race, gender, and violence are insinuated into black men\u2019s everyday lives and how experiences are constructed, reconstructed, and interpreted. By appreciating the significance of how African American men live through what it means to be black and male in America, this book envisions the complicated dynamics that devalue their lives, those of their family, and society. \"Through Our Eyes provides detailed examinations of the plight of African American men and youth. Garfield analyzes the effects of racism, gender roles, and violence on African American men. This book is a welcome addition to the growing body of literature that investigates the impacts of racism, sexism, and Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 30/49 violence on African American men and youth.\" \u2013Journal of African American History poignant, insightful glimpse into what it means to be black and male.\" \u2013Choice \"Garfield lays the foundation for a more nuanced way of thinking about African American masculinity. The book succeeds by showing readers that masculinity is not static, and that history and personal stories can help us to understand the often overlooked and misunderstood, everchanging African American male.\" \u2013 Contemporary Sociology \"This insightful book lends depth and intimacy to the examination of violence in the everyday lives of African American men. Garfield delves into the motivations and reactions of these men, challenging stereotypes and creating a humanistic portrait of these individuals.\" \u2013Alford A. Young, Jr. University of Michigan, Ann Arbor Click Here for Online Purchase Information Fifty Key Thinkers in Criminology Routledge, 2009 Keith Hayward, and Shadd Maruna, and Jayne Mooney Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 31/49 Fifty Key Thinkers in Criminology brings the history of criminological thought alive through a collection of fascinating life stories. The book covers a range of historical and contemporary thinkers from around the world, offering a stimulating combination of biographical fact with historical and cultural context rich mix of life-and-times detail and theoretical reflection is designed to generate further discussion on some of the key contributions that have shaped the field of criminology. Featured profiles include: Fifty Key Thinkers in Criminology is an accessible and informative guide that includes helpful cross-referencing and suggestions for further reading. It is of value to all students of criminology and of interest to those in related disciplines, such as sociology and criminal justice. \"...places a human face on the study of criminology through thoughtful \"intellectual biographies\" of the discipline's top international theorists from the \u2022 Cesare Beccaria \u2022 Nils Christie \u2022 Albert Cohen \u2022 Carol Smart \u2022 W. E. B. DuBois \u2022 John Braithwaite Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 32/49 18th through the late 20th century. The theoreticians emerge as groundbreaking human beings in six-page essays written by a distinguished group of 54 contributors drawn from the ranks of an international faculty of criminologists, sociologists, and historians. What emerges\u2026is an invaluable work.\" \u2013D.K. Frasier, Indiana University- Bloomington Click Here for Online Purchase Information When Children Kill Children: Penal Populism And Political Culture Oxford University Press, 2008 David A. Green Winner of the 2009 British Society of Criminology Book Prize The book explores the reasons underlying the vastly differing responses of the English and Norwegian criminal justice systems to the cases of James Bulger and Silje Redergard respectively. James Bulger's killers were subject to extreme press and public hostility, held in secure detention for nine months and tried in an Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 33/49 adversarial court. Redergard's killers were shielded from public antagonism and carefully reintegrated into the local community. This book argues that English adversarial political culture creates far more incentives to politicize high-profile crimes than Norwegian consensus political culture. Drawing on a wealth of empirical research, Green suggests that the tendency for politicians to justify punitive responses to crime by invoking harsh political attitudes is based upon a flawed understanding of public opinion. The book proposes a more deliberative response to crime that accommodates the informed public in news ways - ways that might help build social capital and remove incentives for cynical penal populism. \"Many people talk of the need for comparative method in criminology, few have attempted it and even fewer contribute so imaginatively to the forefront of scholarship as does David Green in this study. Here we have comparison placed in the contrasting contexts of English and Norwegian politics and media with clear and innovative policy implications; incisive theory informing future practice.\" \u2013Jock Young, Distinguished Professor, Graduate Center, City University of New York. Author of The Criminological Imagination master class in comparative criminology, this study proves there is an alternative to demonization in response to child-on-child homicide.\" \u2013David Downes, Mannheim Centre for Criminology, London School of Economics \"David Green uses comparative analysis of two high-profile child-on-child homicides to explore the complex interconnections between media processes, public opinion and political culture. It would be impressive enough to achieve Green\u2019s analytical sophistication in just one of these areas. The extraordinary achievement of When Children Kill Children is to demonstrate theoretical and empirical sophistication, resulting in compelling and cogent analysis, across all three remarkable feat of critical scholarship genuinely enlightening book.\" \u2013 Chris Greer, City University London \"this important, stimulating book has the potential to become a landmark contribution to the development of comparative penology.\" \u2013John Pratt, Punishment and Society Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 34/49 \"a most valuable and informative work which provides new insights and ways forward in the face of the destructive potentialities of penal populism.\" \u2013Dennis Eady, Criminology and Criminal Justice Click Here for Online Purchase Information Keeping Out the Other Critical Introduction to Immigration Enforcement Today Columbia University Press, 2008 David C. Brotherton and Philip Kretsedemas America's reputation for open immigration has always been accompanied by a desire to remove or discourage the migration of \"undesirables.\" But recent restrictions placed on immigrants, along with an increase in detentions and deportations, point to a more worrying trend. Immigration enforcement has become the fastest growing sector for spending over the past two decades, dwarfing the money spent on helping immigrants adjust to their new lives. Instead of finding effective ways of integrating newcomers into American society, the United States is focusing on making the process of citizenship more difficult, provoking major protests and unrest. Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 35/49 David C. Brotherton and Philip Kretsedemas provide a history and analysis of recent immigration enforcement in the United States, demonstrating that our current anti-immigration tendencies are not a knee-jerk reaction to the events of September 11. Rather, they have been gathering steam for decades. With contributions from social scientists, policy analysts, legal experts, community organizers, and journalists, the volume critically examines the discourse that has framed the question of immigration enforcement for the general public. It also explores the politics and practice of deportation, new forms of immigrant profiling, relevant case law, and antiterrorist operations. Some contributors couch their critiques in an appeal to constitutional law and the defense of civil liberties. Others draw on the theories of structural inequality and institutional discrimination. These diverse perspectives stimulate new ways of thinking about the issue of immigration enforcement, proving that \"security\" has more to do with improving legal rights, social mobility, and the well-being of all U.S. residents than keeping out the \"other.\" Click Here for Online Purchase Information Globalizing the Streets: Cross-Cultural Perspectives on Youth, Social Control, and Empowerment Columbia University Press, 2008 Michael Flynn and David C. Brotherton Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 36/49 Not since the 1960s have the activities of resistance among lower- and working- class youth caused such anxiety in the international community. Yet today the dispossessed are responding to the challenges of globalization and its methods of social control. The contributors to this volume examine the struggle for identity and interdependence of these youth, their clashes with law enforcement and criminal codes, their fight for social, political, and cultural capital, and their efforts to achieve recognition and empowerment. Essays adopt the vantage point of those whose struggle for social solidarity, self-respect, and survival in criminalized or marginalized spaces. In doing so, they contextualize and humanize the seemingly senseless actions of these youths, who make visible the class contradictions, social exclusion, and rituals of psychological humiliation that permeate their everyday lives. \"Globalizing the Streets makes the compelling case that marginalized young people all over the world are being drawn to the culture of the streets. The volume shows that these youths are searching for identity, meaning, fellowship, security, a measure of excitement and joy, and a way of coping with a global social order that seems no longer to have a place for them very important and powerful work.\" \u2013 Kai Erikson, William R. Kenan Jr. Professor Emeritus of Sociology and American Studies, Yale University Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 37/49 \"This extremely timely work offers an approach to the youth crisis based on the rich, largely untapped potential of those in the margins wherever they may be found. In doing so, the authors firmly reject the usual pathologizing frames of reference within which our kids are most often located great book for students of resistance and activists alike.\" \u2013Tom Hayden, former California state senator and author of Street Wars: Gangs and the Future of Violence \"This is the book on youth we have all been waiting for: international in its orbit and interdisciplinary in its research, it combines feisty theory with grass roots ethnography backed up by creative politics. It places today's youth firmly in a transnational perspective roundly debunking and dismissing stereotypes in a world of continuous moral panics about young people and the demonization of street gangs in particular. If you have any interest or concern about what is going on in the streets of our big cities, in the real world outside of the tabloid press, read this book.\" \u2013Jock Young, University of Kent, author of The Vertigo of Late Modernity Click Here for Online Purchase Information Encyclopedia of Gangs Greenwood, 2007 David C. Brotherton and Lou Kontos Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 38/49 In light of Los Angeles' gang state of emergency, ethnic and minority gangs are arguably more high profile now than at any other time in our history. News media typically focus on the crime and violence associated with gangs, but not much else. This encyclopedia seeks to illuminate the world of gangs, including gang formations, routine gang activities, aberrations and current developments. One hundred essay entries related to gangs in the United States and worldwide provide a diffuse overview of the gang phenomenon. Each entry defines and explains the term, provides an historical overview, and explains its significance today. As the following entries demonstrate, gangs are part of the fabric of American society. They are not only in our communities but also our schools and other social institutions. Understanding the world of gangs is therefore needed to understand American society. Entries include: Bikers, Bloods, Cholas, Crips, gang mythology, gang warfare, graffiti, Hell's Angels, Hong Kong Triads, Latin Kings, law enforcement, occultic gangs, mafia, media, prison gangs, rites, Skinheads, Streetgang Terrorism Omnibus Prevention Act, tattoos, trafficking, Wanna-bes, West Side Story, Witness Protection programs, and youth gangs. Click Here for Online Purchase Information Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 39/49 New York Murder Mystery: The True Story Behind the Crime Crash of the 1990s New York University Press, 2006 Andrew Karmen Andrew Karmen tracks a quarter century of murder in the city Americans have most commonly associated with rampant street crime. Providing both a local and a national context for New York's plunging crime rate, Karmen tests and debunks the many self-serving explanations for the decline. While crediting a more effective police force for its efforts, Karmen also emphasizes the decline of the crack epidemic, skyrocketing incarceration rates, favorable demographic trends, a healthy economy, an influx of hard working and law abiding immigrants, a rise in college enrollment, and an unexpected outbreak of improved behavior by young men growing up in poverty stricken neighborhoods. New York Murder Mystery is the most authoritative study to date of why crime rates rise and fall. \"Systematically debunks popularly accepted reasons for the crime crash by wedding closely analyzed statistical data with common sense and historical precedent. . . . After reading this book, one thing becomes certain: today's New York isn't what it used to be.\" \u2013Villager \"New York Murder Mystery is long overdue. It provides a well-written, illuminating analysis of an issue often subject to self-serving and simplistic sound-bites. Guided by Karmen\u2019s thoughtful and thorough presentation, we come to understand all the factors contributing to the last decade's crime drop. We learn to credit not only new police tactics, demographics declines, and a prosperous economy but also the Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 40/49 many thousands of youth who practiced wisdom and discipline in avoiding the self-defeating behavior patterns of their older friends and relatives.\" \u2013Robert Gangi, Executive Director, The Correctional Association \"Karmen has written a book that anyone interested in the New York City crime story should read. Nobody has written about the drop in crime more comprehensively or more even-handedly. This book assesses a complicated story with an air of confidence and produces a convincing analysis. Those who think they already know the story are bound to be surprised by what they read here, and those who want to draw policy conclusions for New York's experience will find Karmen\u2019s reliable analysis helps them avoid some of the pitfalls in the cyclical fads of criminal justice reform.\" \u2013Todd R. Clear, President of the Academy of Criminal Justice Sciences \"With this elegant sweep, the author has parted the curtain to reveal a gaseous windbag behind the bombast attending the miraculous claims of today's wizards. Bravo.\" \u2013Tony Bouza, Law Enforcement News Click Here for Online Purchase Information Knowing What We Know: African American Women's Experiences of Violence and Violation Rutgers University Press, 2005 Gail Garfield Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 41/49 In recent years there has been an attempt by activists, service providers, and feminists to think about violence against women in more inclusive ways. In Knowing What We Know, activist and sociologist Gail Garfield argues that this effort has not gone far enough and that in order to understand violence, we must take the lived experiences of African American women seriously. Doing so, she cautions, goes far beyond simply adding voices of black women to existing academic and activist discourses, but rather, requires a radical shift in our knowledge of these women\u2019s lives and the rhetoric used to describe them. Bringing together a series of life-history interviews with nine women, this unique study urges a departure from established approaches that position women as victims of exclusively male violence. Instead, Garfield explores what happens when women\u2019s ability to make decisions and act upon those choices comes into conflict with cultural and social constraints. Chapters explore how women experience racialized or class-based violence, how these forms of violence are related to gendered violence, and what these violations mean to a woman\u2019s sense of identity. By showing how women maintain, sustain, and in some instances regain their sense of human worth as a result of their experiences of violation, Garfield complicates the existing dialogue on violence against women in new and important ways. Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 42/49 Knowing What We Know offers readers a rare and valuable opportunity to travel with African American women as they move through the emotional and bureaucratic maze that surrounds their experiences of violence and victimization.\" \u2013Beth E. Richie, author of Compelled to Crime \"This work makes a distinctive contribution to the feminist literature on violence against women. The author includes riveting accounts about the lives of nine African American women and emphasizes differing forms of \u2018violation and violence\u2019 that they have experienced.\" \u2013Traci West, author of Wounds of the Spirit: Black Women, Violence, and Resistance Ethics Click Here for Online Purchase Information Identity and the Natural Environment: The Psychological Significance of Nature Press, 2003 Susan Clayton and Susan Opotow The often impassioned nature of environmental conflicts can be attributed to the fact that they are bound up with our sense of personal and social identity. Environmental identity\u2014how we orient ourselves to the natural world\u2014leads us to personalize abstract global issues and take action (or not) according to our sense Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 43/49 of who we are. We may know about the greenhouse effect\u2014but can we give up our for a more fuel-efficient car? Understanding this psychological connection can lead to more effective pro-environmental policymaking. Identity and the Natural Environment examines the ways in which our sense of who we are affects our relationship with nature, and vice versa. This book brings together cutting-edge work on the topic of identity and the environment, sampling the variety and energy of this emerging field but also placing it within a descriptive framework. These theory-based, empirical studies locate environmental identity on a continuum of social influence, and the book is divided into three sections reflecting minimal, moderate, or strong social influence. Throughout, the contributors focus on the interplay between social and environmental forces; as one local activist says, \"We don't know if we're organizing communities to plant trees, or planting trees to organize communities.\" \"Identity and the Natural Environment is a fascinating book on many levels, dealing with topics of the utmost importance for our future well-being\u2014even our survival as a species. It does so by pioneering a host of new research approaches, and presents the findings in ways that are interesting and accessible, yet rigorous. It represents a wonderful perspective that ushers in a new domain in the social sciences.\" \u2013Mihaly Csikszentmihalyi, Claremont Graduate University, and author of Flow: The Psychology of Optimal Experience \"Anyone interested in how people come to identify with the natural environment and how such identification in turn affects behavior must read this book. It reports a fascinating set of studies, employing a range of methods applied to diverse populations, that provide rich insights into the antecedents and consequences of environmental/ecological identification.\" \u2013Riley E. Dunlap, Donner Professor, \u00c5bo Akademi University \"Identity and the Natural Environment is a superb anthology of interdisciplinary research, conceptually organized to get to the heart of a crucial question: how are ecological awareness and activism linked to core identity?\" \u2013Mitchell S. Thomashow, Chair, Department of Environmental Studies, Antioch New England Graduate School, author of Bringing the Biosphere Home and Ecological IdentitySkip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 44/49 Click Here for Online Purchase Information Gangs and Society Columbia University Press, 2003 Louis Kontos, David Brotherton, and Luis Barrios Compiled by three leading experts in the psychological, sociological, and criminal justice fields, this volume addresses timely questions from an eclectic range of positions. The product of a landmark conference on gangs, Gangs and Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 45/49 Society brings together the work of academics, activists, and community leaders to examine the many functions and faces of gangs today. Analyzing the spread of gangs from New York to Texas to the West Coast, the book covers such topics as the spirituality of gangs, the place of women in gang culture, and the effect on gangs of a variety of educational programs and services for at-risk youth. The final chapter examines the \"gang-photography phenomenon\" by looking at the functions and politics of different approaches to gang photography and features a photographic essay by Donna DeCesare, an award-winning journalist. \"From the Jets to the Bloods to the Latin Kings, gangs have long symbolized the roughest parts of urban America. Still, argues this collection of essays, crime and theft are just a part of what fuels their existence; gangs' roles in communities is far more complex.\" \u2013City Limits refreshing anthology on gang life in the US. The editors have compiled fascinating, serious, and informative articles concerned with the theoretical and methodological contexts of gang research, women and gangs, links between gangs and politics, the problems of youth and gang life, and the social control of gangs... An excellent, very readable source. Highly recommended.\" \u2013Choice \"The popular image that depicts gangs as nothing more than criminal enterprises is too restrictive a picture. Gangs and Society moves beyond this tradition and instead represents an important advancement in understanding the role gangs play in some urban communities.... this work is certainly a meaningful addition to the existing gang literature.\" \u2013Sean P. Varano, Contemporary Sociology \"Finally solidly researched book that challenges the conservative academic dogma of gang members as incorrigible superpredators.... May this book provoke a great rethinking of all that is amiss in our society today.\" \u2013Tom Hayden, Professor at Occidental College and former California state senator \"The book's editors...do a remarkable job of highlighting the economic, political, social and cultural factors that impact the activities of gangs.\" \u2013Matthew T. Theriot, Journal of Sociology and Social Welfare Click Here for Online Purchase Information Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 46/49 Gender, Violence and the Social Order Palgrave Macmillan, 2000 Jayne Mooney This is an exciting and innovative book which provides a thorough introduction to contemporary social theory by examining the way in which the widespread existence of violence against women is explored wide range of theories from liberalism to evolutionary psychology are considered culminating in the development of a distinctive feminist realist position. The theories discussed are tested against a large-scale survey, the findings of which challenge many conventional wisdoms as to the patterning of violence in contemporary society. \"...will make a fundamental and longlasting impact on the direction of research and policy making.\" \u2013Professor Sandra Walklate, Manchester Metropolitan University '...well written, provocative...' \u2013Kate Cavanagh, Contemporary Sociology Click Here for Online Purchase Information Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 47/49 Be a fierce advocate for justice Educating for justice 524 West 59th Street New York 10019 Main 212.237.8000 Undergraduate Admissions admissions@jjay.cuny.edu 212-237-8869 Graduate Admissions Learn more Skip to main content 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 48/49 graduateadmissions@jjay.cuny.edu 212.237.8863 \u00a9 2025 John Jay College of Criminal Justice Translate this page Report a Website Issue Website & Social Media Policy Student Consumer Information Annual Security Report Contact Us 2/17/25, 12:56 Sociology Faculty Books | John Jay College of Criminal Justice 49/49", "8774_107.pdf": "couldn\u2019t drain this swamp. The John Jay College of Criminal Justice professor who was implicated in an alleged drug-dealing, student-sex scandal that rocked the taxpayer-financed City University of New York school shockingly will return to the classroom next year, The Post has learned. In 2019, John Jay president Karol Mason announced plans to ax veteran anthropology professor Ric Curtis and two other academics following an investigation into allegations \u2014 first revealed by The Post \u2014 that the faculty members ran a den of depravity known as \u201cThe Swamp\u201d at the school\u2019s Midtown campus, where they used and sold drugs, and engaged in inappropriate sexual conduct involving students professor in alleged drug-dealing, student-sex scandal at John Jay College will shockingly return to classroom By Matthew Sedacca Published Sep. 7, 2024, 8:37 a.m 544 News Metro Long Island Politics World News 2/17/25, 12:56 Exclusive professor in alleged drug-dealing, student-sex scandal will return to classroom 1/7 But in an 85-page decision, arbitrator James M. Darby found that despite Curtis\u2019 \u201creckless and risky behavior,\u201d the prof should continue to shape the minds of future crime-fighters at the college following a year-long, unpaid suspension and additional training on CUNY\u2019s policies \u2013 in no uncertain terms \u2013 was justified in taking this matter very seriously,\u201d Darby wrote in the Aug. 5 decision. But cannot accept CUNY\u2019s position that termination is the only appropriate penalty here.\u201d While rejecting some of the more serious claims, the arbitrator determined substantiated a number of the allegations against the academic, whose research, ironically, focused on drug use and distribution. These included complaints that Curtis passed around glassines to students containing heroin residue and smoked pot in his office, which was littered with illicit drugs such as and synthetic marijuana, the arbitrator wrote. John Jay College of Criminal Justice anthropology professor Ric Curtis, who was implicated in an alleged drug-dealing, student-sex scandal will return to the classroom next year. 4 JPMorgan analyst fired after publicly questioning Jamie Dimon's return-to-office policy \u2014 then rehired: report 7 Catholic schools announce in past month alone they are closing \u2014 as experts blame skyrocketing tuition, loss of religion Elon Musk breaks silence after conservative influencer claims she gave birth to his 13th child 2/17/25, 12:56 Exclusive professor in alleged drug-dealing, student-sex scandal will return to classroom 2/7 Darby also agreed that Curtis spoke to a student using misogynistic and sexual language that was inappropriate, and did not comply with school policy regarding reporting complaints of alleged sexual harassment against other faculty that were brought to his attention. Curtis, however, was not \u201cpimping out\u201d his students when he allegedly suggested female students meet a professor the school was looking to hire as a department head, Darby wrote. Curtis \u201cmore likely than not facetiously proposed having some female students meet with [the professor] \u2013 nothing more, nothing less,\u201d he wrote. Darby added the school likely had been aware of his marijuana use, possession of drug paraphernalia on campus and his foul language. The school faculty union \u201cmakes a compelling argument that knew, or with a reasonable amount of investigation should have known, of much of [Curtis\u2019] alleged misconduct,\u201d he wrote. Mason said she was \u201cdisappointed by the outcome\u201d but that the school would comply with the arbitrator\u2019s decision under its collective bargaining agreement with the faculty union. \u201cWe will continue to prioritize providing a safe environment for our community members and we will continue to expect that policies are followed,\u201d she wrote in an Aug. 15 letter to the school community. David Gottlieb, a lawyer for a pair of former students, Naomi Haber and Claudia Cojocaru, who first alerted the school to the professors\u2019 misconduct in May 2018, said it was \u201cconfounding\u201d that Darby would allow Curtis to return to his post. \u201cWe hope and expect that will take the necessary measures to ensure all students are provided a fully safe educational environment,\u201d he said. In 2018, The Post reported allegations by Haber and Cojocaru that Curtis, together with professors Barry Spunt and Anthony Marcus as well as adjunct professor Leonardo Dominguez, engaged in a slew of heinous drug- and sex-related misdeeds. Haber and Cojocaru filed a civil lawsuit against and the four academics in 2019 in Manhattan federal court, alleging the professors had created \u201ca cesspool of sexism, misogyny, sexual harassment and illegal drug use,\u201d and asserting claims for discrimination, retaliation, and violation of New York\u2019s Gender Motivated Violence Act. Professor Ric Curtis photographing himself half-naked with another accused adjunct professor in a bathroom, according to reports. 4 Another John Jay College professor accused of sexual harassment 2/17/25, 12:56 Exclusive professor in alleged drug-dealing, student-sex scandal will return to classroom 3/7 Among the accusations in the suit were that Marcus allegedly raped Haber in a Washington, DC, hotel room while they were attending an academic conference there in 2015, and that Spunt and Curtis groped Cojocaru. Haber also accused Curtis and Dominguez of groping her, and both women alleged Curtis sold illegal drugs on campus, according to legal papers. They also claimed all four professors used and \u201cthrust\u201d illicit narcotics, including pot, cocaine and heroin, onto students. The school placed the professors on paid leave and brought in an outside law firm to probe the allegations, which found the academics engaged in \u201c unprofessional conduct\u201d that violated policies, according to a 2019 letter from Mason to the John Jay community. The letter did not disclose the nature of the misconduct, and did not state whether the investigation substantiated the specific sexual misconduct or drug allegations. Then-Manhattan District Attorney Cyrus Vance also launched a probe, but did not bring charges. John Jay did not renew Dominguez\u2019s contract and moved to fire the three professors, prompting years-long termination and arbitration processes \u2014 where the school continued to pay their six-figure salaries, including raises. In legal papers, Marcus, Dominguez and Spunt denied the allegations of sexual and drug misconduct, and filed counterclaims against Cojocaru and Haber for defamation, alleging that the pair had made false allegations against them, including to the Post. In 2020, the judge largely denied the former students\u2019 motion to dismiss the counterclaims. Spunt retired on December 1, 2020 and died two months later; Marcus retired on Dec. 31, 2021, according to school officials. Haber and Cojocaru settled their suit against the college and the other professors in 2021, with shelling out over $609,000. According to the terms of the settlement, which the parties filed in court, the accused professors were not required to pay any money to Haber and Cojocaru. Under the settlement, all of the claims in the ongoing case were dismissed except for Curtis\u2019 counterclaims. The students amended their complaint to name only Curtis as a defendant, and narrowed their claims to assert only that Curtis\u2019 counterclaims amounted to unlawful retaliation against them. Curtis also has sued for gender discrimination. Both of those cases are ongoing. Former John Jay students Naomi Haber and Claudia Cojocaru alleged in a federal lawsuit that professors at the school engaged in a slew of heinous drug- and sex-related misdeeds, which the academics denied. Helayne Seidman 4 Axing scandalous John Jay College professors will cost nearly half million dollars 2/17/25, 12:56 Exclusive professor in alleged drug-dealing, student-sex scandal will return to classroom 4/7 Robert Herbst, Curtis\u2019 lawyer, said that the arbitrator \u201cproperly found that CUNY\u2019s five-year effort to terminate Dr. Curtis was unwarranted,\u201d asserting that the school\u2019s own investigation \u201cexonerated\u201d his client of all allegations of \u201csexual assault, forcible or unwanted touching, engaging in exploitative physical contact, consensual sex, [and] unwelcome sexual advances.\u201d The report of the school\u2019s internal investigation is not publicly available, but those claims were not pressed by the school as grounds for termination in the arbitration decided last month. What do you think? Post a comment. \u201cHe looks forward to returning to the classroom to once again share his insights with students as one of John Jay College\u2019s most accomplished scholars,\u201d Herbst added. Marcus and Dominguez, who also previously denied the allegations, could not be reached for comment. John Jay spokeswoman Jan Benjamin declined to comment, citing ongoing litigation , 9/7/24 The arbitrator found that should have been aware that Curtis possessed drug paraphernalia on campus. 4 544 Animal sacrifices surge in -- with chickens and pigs b Share your stance. Please adhere to our guidelines. Conversation 2/17/25, 12:56 Exclusive professor in alleged drug-dealing, student-sex scandal will return to classroom 5/7 Just like Bridget Jones, Ren\u00e9e Zellweger is finding love after heartbreak \u2014 at age 55 2/17/25, 12:56 Exclusive professor in alleged drug-dealing, student-sex scandal will return to classroom 6/7 \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 2/17/25, 12:56 Exclusive professor in alleged drug-dealing, student-sex scandal will return to classroom 7/7", "8774_108.pdf": "Research Doctorates in Criminology, Criminal Justice and Related Disciplines (2003 \u2013 Current) Using the same format as below, send student name, dissertation title, advisor, month degree was completed, and the university granting the degree to kvance@asc41.org. Please also include a request to be added to the list in either the subject line or body of your email. \ue8ed 2024 Bakke, Christopher Quantitative Analysis with a Neurocriminological Approach Evaluating the Crime Typology of Juvenile Offenders with a History of Head Injuries.\u201d Chaired by Dr. Timothy Hayes, November 2024, University of North Georgia. Brockdorf, Soren, \u201cRedefining Disproportionate Arrest Rates: An Exploratory Quasi-Experiment That Reassesses the Role of Skin Color.\u201d Chaired by Jade Pumphrey, January 2024, Liberty University. Centelles, Vanessa, \u201cSociocultural Factors, Definitions, and Experiences of Intimate Partner Violence Among Latina and Hispanic Women.\u201d Chaired by R\u00e1chael Powers, March 2024. University of South Florida. Douglas, Stephen, \u201cUnderstanding Problem Places: Risky Facilities, Criminal Opportunities, and Persistent Crime Hot Spots.\u201d Chaired by Brandon C. Welsh, 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 1/119 March 2024, Northeastern University. Gerdes, Madison, \u201cThe Framing of Mass Public Shootings: Politicians, Press, and the Public.\u201d, Chaired by Dr. James Fox, May 2024, Northeastern University. Gill, Lexi, \u201cMultiple shots to understanding gun violence.\u201d Chaired by Bryanna Fox, February 2024. University of South Florida. Freitag Jr., Charles Survey of Police Patrol Officers\u2019 Perceptions of Juvenile Offenders.\u201d Chaired by Dr. Jonathon Zemke, January 2024, Liberty University. Lawshe, Nathaniel Comprehensive Framework for Understanding the contextual, structural and cultural predictors of police officers\u2019 perceptions of Organizational Justice.\u201d, Chaired by Dr. Gregory Zimmerman, August 2024, Northeastern University. Lockwood, Sarah. \u201cSex Trafficking of Male Victims: How we Understand the Issue and Our Responses\u201d, Chaired by Dr. Amy Farrell, May 2024, Northeastern University. Moore, Demi L., \u201cSuccess Beyond Prison Walls Qualitative Study on the Successful Reentry of the Formerly Incarcerated.\u201d Chaired by Marlon A. La Rose and Christy Visher, May 2023. Wilmington University. Puri, Vinita, \u201cJudicial Perspectives on Sentencing Mentally Ill Offenders\u201d Chaired by Dr. JoAnn McAllister, August 2024, Walden University. 2023 Abeyta, Stephen. \u201cLatinx Workplace Violence, Victimization, and Harm.\u201d Chaired by Amy Farrell, December 2023, Northeastern University. Begum, Popy. \u201cRituals, Routines and Religion: Understanding the Experiences of Brothel-based Sex Workers in New Delhi, India.\u201d Chaired by Dr. Ko-lin Chin, March 2023, Rutgers University-Newark. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 2/119 Bleecker, Kacy. \u201cEfficacy of online social movements for sparking change: The case of the missing murdered and indigenous women movement (#MMIW).\u201d Chaired by R\u00e1chael Powers, June, 2023, University of South Florida. Chaitoo, Navena F., \u201cUnlocking Potential: The School-to-Prison-Pipeline for Students with Disabilities.\u201d Chaired by Dr. Jeff Mellow, February 2023, John Jay College/Graduate Center, CUNY. Cowan, Devin Spatiotemporal Examination of Crime Site Selection for Commercial Burglary and Street Robbery.\u201d Chaired by William Moreto, April 2023, University of Central Florida. Dillon, Leevia. \u201cInvestigating Key Risk Factors Across Violent and Non-violent Extremists in the United States,\u201d Chaired by Dr. Joshua Freilich, February 2023, John Jay College/Graduate Center, CUNY. Duran, Celinet. \u201cExtremism in America: Explaining Variations in Ideologically Motivated Fatal Violence.\u201d Chaired by Dr. Jeff Mellow, February 2023, John Jay College/Graduate Center, CUNY. Egan, Thomas Qualitative Study of the Lived Experiences of Unarmed Police Officers.\u201d Chaired by Dr. Vincent A. Giordano, May 2023, Liberty University. Evans, Michael. \u201cImpact of the Complete South Carolina Post Critical Incident Seminar on the Well-Being of the Law Enforcement Participants.\u201d Chaired by Dr. Gregory Koehle, March 2023, Liberty University. Fera, Beth. \u201cThe Punitive Laboratory of Neoliberalism Cross-National Examination.\u201d Chaired by Dr. Kevin Wolff, June 2023, John Jay College/Graduate Center, CUNY. Harper, Sarah. \u201cDammed and damned: Examining vexatious litigation and the vexatious litigant statute in Florida courts.\u201d Chaired by John Cochran, November 2023, University of South Florida. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 3/119 Kafafian, Matthew. \u201cAn Exploration of Victimization and offending in unusual contexts.\u201d Chaired by Ekaterina Botchkovar, May 2023, Northeastern University. Kegg, Hollis B., \u201cBearer Negotiable Instruments: Addressing a Financial Intelligence Gap and Identifying Criminogenic Weaknesses.\u201d Chaired by Dr. Ned Benton, February 2023, John Jay College/Graduate Center, CUNY. Miley, Lauren. \u201cThe Contributions of Mental Health Issues, Traumatic Brain Injury, and Adverse Childhood Experiences to Recidivism Among Rural Jail Incarcerees.\u201d Chaired by Bryanna Fox. November 2023, University of South Florida. Miriyam, Tinu N., \u201cAn assessment of the global pattern of trafficking of minors and young adults.\u201d Chaired by Dr. Sesha Kethineni, May 2023, Prairie View University. Oliphant, Stephen. \u201cState Firearm Relinquishment Laws and Their Effects on Suicide, Homicide, and Intimate Partner Homicide.\u201d Chaired by Drs. Edmund McGarrell and April Zeoli, August 2023, Michigan State University. Sheppard, Keller. \u201cClearances, Cameras and Community Violence: Police outcomes in an organizational and community context.\u201d Chaired by Gregory Zimmerman August 2023, Northeastern University. Smith, Shamus W., \u201cPolice Academy Attrition Rates Long-Term Analysis of Female Candidates in California, Texas, Wisconsin, Arizona, and New Jersey.\u201d Chaired by Dr. Maria Haberfeld, February 2023, John Jay College/Graduate Center, CUNY. Sosnowski, Monique Multifaceted, Non-Militarized Approach to Security Dynamics in Protected Areas: From Foot Patrols, To Tourism, and Local Communities.\u201d Chaired by Dr. Gohar Petrossian, June 2023, John Jay College/Graduate Center, CUNY. Sundaravadivelu, Dayanand. \u201cMotivating Factors for Murder with Rape of Minor Girls in India Study using Systematic Content Analysis.\u201d Chaired by Dr. Sesha 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 4/119 Kethineni, May 2023, Prairie View University. Teti, Matthew. \u201cTechnology Innovations in Policing Framework.\u201d Chaired by Dr. Glenn Pierce, May 2023, Northeastern University. Vlajnic, Maja. \u201cThe Effects of Marginalization and Multiple Marginalization on Intimate Partner Violence Victimization.\u201d Chaired by Ekaterina Botchkovar, December 2023, Northeastern University. Watkins, Mallory. \u201cThe Impact of Juvenile Drug Court on Recidivism.\u201d Chaired by Dr. Christopher Sharp, March 2023, Liberty University. Wexler, Andrea,. \u201cThe sex offender registry: Examining offender perspectives, and the consequences and correlates of failing to register as a sex offender.\u201d Chaired by Cuevas, Carlos December 2023, Northeastern University. 2022 Alward, Lucas, \u201cAssessing the Relative Influence of Interpersonal Relationship Factors on Probationer Rule Compliance\u201d, Chaired by Jill Viglione, June 2022, University of Central Florida. Baloch, Natasha Macro Social Examination of the Relationship Between Disabilities and Crime Using Neighborhood and County-Level Data\u201d, Chaired by John Cochran, March 2022, University of South Florida. Burch, Xavier, \u201cExamining racial disparities in arrests across Florida Counties, 1998-2020 test of the racial threat and political representation hypotheses\u201d, Chaired by Michael J. Lynch, March 2022, University of South Florida. Burton, Alexander L., \u201cHacks or Heroes: Public Perceptions of Correctional Officers\u201d, Chaired by J.C. Barnes and Advised by Francis T. Cullen, April 2022, University of Cincinnati. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 5/119 Fontaine, Eva, \u201cIntegrating Psychopathy into Prominent Developmental/Life- Course Theories\u201d, Chaired by Bryanna Fox, August 2022, University of South Florida. Green, Cherrell Been Through a Storm a Lot of People Wouldn\u2019t Have Came Out Of\u2019: Examining Resiliency Among Black Men Exposed to Violence (ETV)\u201d, Chaired by Lee A. Slocum, Ph.D, August 2022, University of Missouri-St. Louis. Greene-Colozzi., Emily A.,\u201cMitigating the Harm of Public Mass Shooting Incidents Through Situational Crime Prevention\u201d, Chaired by Dr. Joshua Freilich, September 2022, John Jay College/Graduate Center, CUNY. Grossberger, Kenneth Study of the Punishment of Crimes by Federal Legislators from 1798 to 2016\u201d, Chaired by Dr. Heath Brown, February 2022, John Jay College/Graduate Center, CUNY. Hatten, David, \u201cWhere Gunshots Turn Fatal Geographic Examination of the Spatial Patterning of Gun Violence\u201d, Chaired by Dr. Eric Piza, June 2022, John Jay College/Graduate Center, CUNY. Hou, Yuchen, \u201cFatal and Non-Fatal Police Shootings in the United States, 2015: An Examination of Open-Source Data\u201d Chaired by Dr. Michael Maxfield, February 2022, John Jay College/Graduate Center, CUNY. Hudson, Talib, \u201cInterrogating the Notion of Evidence-Based Policy in Community-Based Violence Prevention\u201c, Chaired by Mindy Fullilove, May 2022, The New School. Khachatryan, Norair, \u201cJuvenile homicide offenders life-course perspective\u201c\u2018 Chaired by Kathleen Heide, June 2022. University of South Florida. Lonergan, Holly, \u201cThe nexus of mental illness and violence: Cognitive functioning as a potential mechanism linking psychotic symptomology and self- reported violent behavior\u201d, Chaired by Joseph L. Nedelec, July 2022, University of Cincinnati. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 6/119 Lu, Olive F., \u201cBlurring the \u201cBright Line\u201d: Examining Age-Related Differences in Jail Incarceration Outcomes Using a Resources-Challenges Model of Emerging Adulthood\u201d, Chaired by Dr. P. Chauhan, February 2022, John Jay College/Graduate Center, CUNY. Martinez, Amy A., \u201cSanta Bruta\u2014Home of El Indio Muerto: The Colonial\u2013 Carceral City\u2019s Attempt to Eliminate the \u201cMexican Problem\u201d\u201d, Chaired by Dr. David Brotherton, September 2022, John Jay College/Graduate Center, CUNY. Matthews, Jennifer, \u201cBody Worn Camera Use and Citizen Behavior During Police Citizen Encounters\u201d, Chaired by Dr. Tony Gaskew, May 2022, Walden University. Millett, Tiffany J., \u201cThe Application of Electron Backscatter Diffraction to the Forensic Analysis of Minerals\u201d, Chaired by Dr. Thom Kubic, June 2022, John Jay College/Graduate Center, CUNY. Morgan, Ashley, \u201cScientific Development of an Integrated Workflow for Latent Print, Questioned Document, and Processing of Paper Evidence\u201d, Chaired by Dr. M. Prinz, February 2022, John Jay College/Graduate Center, CUNY. Mufarreh, Andrea, \u201cTablets as a Vehicle for Imprisoned People\u2019s Digital Connection with Loved Ones\u201d, Chaired by Dr. Amy Adamczyk, June 2022, John Jay College/Graduate Center, CUNY. Murolo, Angela S., \u201cAging on Parole: An Empirical Analysis of Reentry, Reintegration, and Life Satisfaction\u201d, Chaired by Dr. Jeff Mellow, September 2022, John Jay College/Graduate Center, CUNY. Osborn, Max, \u201cLGBTQIA+ Individuals\u2019 Encounters with Police: Contextual Factors, Help-Seeking, and Service Needs\u201d, Chaired by Dr. Valli Rajah, February 2022, John Jay College/Graduate Center, CUNY. Paul, Nicholas, \u201cAn Examination of Street-Level Drug Enforcement Tactics and Court Outcomes\u201d, Chaired by Jacinta Gau, November 2022, University of Central Florida. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 7/119 Petrich, Damon M., \u201cThe Effects of Exposure to Community Violence on Delinquent Behavior Marginal Structural Modeling Approach to Examining Mediation, Attenuation, and Accumulation Effects\u201d, Co-Chaired by Joseph L. Nedelec and Christopher Sullivan, July 2022, University of Cincinnati. Polifroni, Stephanie M., \u201cThe Microscopical Evidence Traces Analysis of Household Dust and Its Statistical Significance as a Definitive Identification Technique\u201d, Chaired by Dr. Thom Kubic, September 2022, John Jay College/Graduate Center, CUNY. Richardson, Dustin, \u201cThe \u2018Reasonableness Divide\u2019: Comparing Community Members\u2019 Assessments of Force Reasonableness to Legal Standards\u201c, Chaired by Lorie Fridell, June 2022, University of South Florida. Shankar Prakash, Alagesan, \u201cWildlife crime prevention measures undertaken in a protected area: a study among conservation stakeholders in the Mudumalai Tiger Reserve, Western Ghats (India)\u201d, Chaired by Dr. Srinivasan Murugesan, June 2022, University of Madras. Smith, Justin, \u201cInnovation Resistance? Understanding Officer Attitudes Toward Police Innovation\u201d, Chaired by William D. Moreto, June 2022, University of Central Florida. Soderstrom, Melanie, \u201cThe Expansion of School Resource Officers in a Florida County Mixed Methods Study\u201d, Chaired by Kristina K. Childs , June 2022, University of Central Florida. Szkola, Jason, \u201cCredible Messengers: An Exploratory Analysis of What Makes Them \u201cCredible\u201d\u201d, Chaired by Dr. Eric Piza, September 2022, John Jay College/Graduate Center, CUNY. Thomas, Christopher P., \u201cThe Economic and Demographic Dynamics of Pretrial Justice\u201d, Chaired by Dr. Kevin Wolff, June 2022, John Jay College/Graduate Center, CUNY. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 8/119 Topel, David J., \u201cElements of Social Disorganization and Environmental Criminology Spatial Analysis of Homicides in Villa Nueva, Guatemala\u201d, Chaired by Dr. Jeremy Porter, June 2022, John Jay College/Graduate Center, CUNY. Torres, Luis C., \u201cAn Examination of the Effects of Workgroup Characteristics on Criminal Case Processing and Case Outcomes\u201d, Chaired by Lee A. Slocum, Ph.D, August 2022, University of Missouri-St. Louis. Theocharidou, Kalliopi (Poppy), \u201cExamining the correlates of electoral violence in the U.S. using a mixed methods approach: The case of the January 6th, 2021, Capitol attack\u201d, Chaired by Joseph L. Nedelec, July 2022, University of Cincinnati. Von Ferber, Julia and the City: The Impact of Privately Owned Public Spaces on Crime in Manhattan\u201d, Chaired by Dr. Gohar Petrossian, September 2022, John Jay College/Graduate Center, CUNY. 2021 Altikriti, Sultan, \u201cThe effects of individual differences on the perceived risks and rewards of offending meta-analysis\u201d, Chaired by Joseph L. Nedelec, July 2021, University of Cincinnati. Bae, Junghwan, \u201cClean Water for All: Examining Safe Drinking Water Act Violations of Water Systems and Community Characteristics\u201d, Chaired by Michael J. Lynch, April 2021, University of South Florida. Borseth, Jenna, \u201cCorrectional Case Planning: An Examination Into the Impacts of Case Plans on Offender Recidivism\u201d, Chaired by Andrew J. Myer, May 2021, North Dakota State University. Bottema Johannes, \u201cThe value of patrol-driven intelligence-led policing: Evaluating the communication within, perceptions regarding, and impacts of the 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 9/119 Phoenix Police Department\u2019s Intelligence Officer Program\u201c, Chaired by Dr. Cody W. Telep, May 2021, Arizona State University. Carpenter, Matthew J., \u201cRisk Factors and Precursors to Police Suicide\u201d, Chaired by Frank Colaprete, April 2021, Nova Southeastern University. Connealy, Nathan T., \u201cExploring the Overlap, Saliency, and Consistency of Environmental Predictors in Crime Hot Spots Remote Systematic Social Observation and Case-Control Examination\u201d, Chaired by Dr. Eric Piza, June 2021, John Jay College/Graduate Center, CUNY. Contreras, Christopher, \u201cThe Neighborhood Context of Drugs and Violence: Examining Drug Abuse, Drug Activity, and Violent Crime\u201d, Chaired by John R. Hipp, July 2021, University of California, Irvine. Dodge, Cassandra, \u201cThe Ring of Gyges 2.0: How Anonymity Providing Behaviors Affect Willingness to Participate in Online Deviance\u201d, Chaired by George Burruss, July 2021, University of South Florida. Duggar , Anna S., \u201cEvaluation of the Potential of Automated Analysis for the Discrimination of Inorganic Soil Particles\u201d, Chaired by Dr.Thom Kubic, September 2021, John Jay College/Graduate Center, CUNY. Genco, Leo Macro Level Analysis of Hunting and Fishing Violations Across Texas Counties: Using an Economic Structural Approach\u201d, Chaired by Michael J. Lynch, April 2021, University of South Florida. Howell, C. Jordan, \u201cSelf-Protection in Cyberspace: Assessing the Processual Relationship between Thoughtfully Reflective Decision making, Protection Motivation Theory, Cyber Hygiene and Online Victimization\u201d, Chaired by George W. Burruss, Jr., March 2021, University of South Florida. Lee, Myungwoo, \u201cIntegrating the Balanced Scorecard (BSC) and the Data Envelopment Analysis (DEA) Approaches for an Enhanced Police Performance Measurement system\u201d, Chaired by Carol A. Archbold, July 2021, North Dakota State University. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 10/119 O\u2019Neill, Jennifer, \u201cSchools on the frontlines of governance: How the convergence of criminal justice and education shapes adolescent perceptions and behavior\u201d, Chaired by Lee Slocum, Ph.D, September 2021, University of Missouri-St. Louis. Peirce, Jennifer E., \u201cFrom Rulay to Rules: Perceptions of Prison Life and Reforms in the Dominican Republic\u2019s Traditional and New Prisons\u201d, Chaired by Dr. Jeff Mellow, September 2021, John Jay College/Graduate Center, CUNY. Powell, Richard Andrew, \u201cRedlining, Neighborhood Decline, and Violence: How Discriminatory Government Policies Created Violent American Inner Cities\u201d, Chaired by Dr. Jeremy Porter, September 2021, John Jay College/Graduate Center, CUNY. Skinner, Guy C. M., \u201cOffending, Physical Health and Premature Mortality: Associations Derived from Longitudinal and Meta-Analytic Evidence\u201d, Chaired by Adrian Grounds, September 2021, University of Cambridge. Smith, Troy, \u201cAll Cybercrimes Were Not Created Equal: Assessing Cybercrime Using a Routine Activities Theory Model-Comparison Approach\u201d, Advised by Kevin Haines and Linda Mohammed, September 2021, University of Trinidad and Tobago. St. John, Victor J., \u201cThe Victims\u2019 Voices Routine Activity Approach to Jail and Prison Victimization\u201d, Chaired by Dr. Gohar Petrossian, September 2021, John Jay College/Graduate Center, CUNY. Sudula, Susruta, \u201cExamining Probation and Judicial Adherence to the Disposition Matrix\u201d, Chaired by Dr. Deborah Koetzle, September 2021, John Jay College/Graduate Center, CUNY. 2020 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 11/119 Barrett, Jeanene, \u201cLiving in a World of \u201cStop, Question and Frisk\u201d and \u201cTrespass Enforcement\u201d: Black and Latinx Youth Engaging in Police Reform in New York City\u201d, Chaired by Dr. Valerie West, May 2020, John Jay College/Graduate Center, CUNY. Blount-Hill, Kwan-Lamar, \u201cSpheres of Identity: Theorizing Social Categorization and the Legitimacy of Criminal Justice Officials\u201d, Chaired by Dr. Eric L. Piza , September 2020, John Jay College/Graduate Center, CUNY. Bromirski, Delene M., \u201cCollective Healing Restorative Justice-Based Response to Sexual Abuse\u201d, Chaired by Dr. Karen Terry, February 2020, John Jay College/Graduate Center, CUNY. Concannon, Connor, \u201cExamining Racial and Ethnic Disparity in Prosecutor\u2019s Bail Requests and Downstream Decision Making\u201d, Chaired by Dr. Chongmin Na, September 2020, John Jay College/Graduate Center, CUNY. Cuevas, Celina R., \u201cThrown off Course: School Suspension and Its Consequences for Students\u2019 Educational Trajectories and Outcomes\u201d, Chaired by Dr. Kevin Wolff, September 2020, John Jay College/Graduate Center, CUNY. Diaz, Virginia, \u201cDoing Discipline Different: Evaluating the Implementation of Restorative Justice as An Alternative to Punitve Discipline in New York City Public Schools\u201d, Chaired by Dr. Richard E. Ocejo, September 2020, John Jay College/Graduate Center, CUNY. Fegadel, Averi R., \u201cToxic Colonialism and Green Victimization of Native Americans: An Examination of the Genocidal Impacts of Uranium Mining\u201d Chaired by Dr. Michael Lynch, March 2020, University of South Florida. Homer, Emily M., \u201cExamining corporate blameworthiness in relation to federal organizational sentencing for probation and corporate monitors\u201c, Chaired by George E. Higgins, Ph.D., May 2020. University of Louisville Department of Criminal Justice, Louisville, KY. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 12/119 Huff, Jessica, \u201cExamining Variation in Police Discretion: The Impact of Context and Body-Worn Cameras on Officer Behavior\u201d, Chaired by Dr. Charles M. Katz, May 2020, Arizona State University. Hussey, John Study of Police Officers with Military Service Backgrounds Compared to Police Officers without Military Service: Can Military Veterans Interact and Properly Engage the Public?\u201d, Chaired by Dr. Brian Lawton, September 2020, John Jay College/Graduate Center, CUNY. Jordan, Howard E., \u201cDisinterest in Pursuing a Law Enforcement Career Among Minorities\u201d, Chaired by Dr. Frances Goldman, December 2020, Walden University. Kom, Lawrence P., \u201cInvestigations of Fraud, Waste, Abuse, and Corruption in the Public Sector Survey of Organizational and Software-Based Aids and Obstructions\u201d, Chaired by Dr. Ned Benton, February 2020, John Jay College/Graduate Center Marier, Christopher J., \u201cCross-National Incarceration Rates as Behavior of Law\u201d, Chaired by Dr. John Cochran, March 2020, University of South Florida. McMillan, Joseph, \u201cEpidemiology and Criminology: Managing Youth Firearm Homicide Violence in Urban Areas\u201d, Chaired by Dr. William Benet, January 2020, Walden University. Pyo, Jimin, \u201cDevelopment and Validation of a Multidimensional Scale for Measuring Public Confidence in the Criminal Justice System\u201d, Chaired by Dr. Michael Maxfield, September 2020, John Jay College/Graduate Center, CUNY. Robinson, Chloe, \u201cUnsettling Settlements: Examining Police Misconduct Lawsuits in the City of Chicago\u201d, Chaired by Carol A. Archbold, May 2020, North Dakota State University. Severson, Rachel, \u201cMental Health and In-Prison Experiences: Examining Socioeconomic and Sex Differences in the Effect of Mental Illness on Institutional Misconduct and Disciplinary Segregation\u201d, Chaired by Dr. R\u00e1chael Powers, March 2020, University of South Florida. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 13/119 Strah, Beck, \u201cMasculinity Behind Bars: Exploring the Causal Relationships Between Hypermasculinity, Masculine Gender Role Stress, and Maladaptive Prison Behaviors\u201d, Chaired by Dr. Natasha Frost, November 2020, Northeastern University. Taheri, Sema, \u201cUnderstanding the Development of Researcher-Practitioner Partnerships in Criminal Justice Phenomenological Study\u201d, Chaired by Brandon Welsh, August 2020, Northeastern University. Valdimarsdottir, Margret, \u201cExamining the Contextual Effects of Racial Profiling, and the Long-Term Consequences of Punitive Interventions: Testing Labeling Theory with the National Longitudinal Study of Adolescent to Adult Health Data\u201d, Chaired by Dr. Amy Adamczyk, May 2020, John Jay College/Graduate Center, CUNY. 2019 Chen, Frank Quad-Young, \u201d Employment Duration and Attrition of Federal and State Inspectors General in the United States\u201d, Chaired by Dr. Ned Benton, September 2019, John Jay College/Graduate Center, CUNY. Cypher, Noah Russell, \u201cChallenges in Measuring Firearm Prevalence Test of Cook\u2019s Index Across The Rural-Urban Continuum\u201d, Chaired by Dr. Valerie West, January 2019, John Jay College/Graduate Center, CUNY. Day, Ronald Study of Factors Influencing Hiring Decisions in the Context of Ban the Box Policies\u201d, Chaired by Dr. Lila Kazemian, January 2019, John Jay College/Graduate Center, CUNY. Dubey, Ira Scott Study of the Impact of the Physical Properties of Blood on the Interpretation of Bloodstain Patterns in Forensic Investigations\u201d, Chaired by Dr. Thomas Kubic, January 2019, John Jay College/Graduate Center, CUNY. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 14/119 Fritsche, Sarah Picard, \u201cNeighborhood Ecology and Recidivism Case Study in NYC\u201d, Chaired by Dr. Deborah Koetzle, January 2019, John Jay College/Graduate Center, CUNY. Howell Jr, Louis, \u201cLaw Enforcement Officers\u2019 Perceptions of the Influence of Reverse Bias on Their Behavior and Use of Force\u201c, Chaired by Dr. Marsha Tongel, November 2019, Northcentral University. Kim, Mijin, \u201cBehavioral Effects of Restrictive Housing on Prisoners\u201d, Chaired by Dr. Jeff Mellow, September 2019, John Jay College/Graduate Center, CUNY. Mercado, Christopher, \u201cThe Ferguson Effect in Contemporary Policing: Assessing Police Officer Willingness to Engage the Public\u201d, Chaired by Dr. Maki Haberfeld, September 2019, John Jay College/Graduate Center, CUNY. Mikell, Toniqua,\u201cReading Between the Lines: An Intersectional Media Analysis of Female Sex Offenders in Florida Newspapers\u201d, Chaired by Dr. John Burrow, May 2019, University of South Carolina. Muniz, Caitlyn, \u201cRobbery and sexual assault disclosure: An examination of Black\u2019s Theory of the Behavior of Law\u201d, Chaired by Dr. R\u00e1chael Powers, March 2019, University of South Florida. Leili, Jennifer, \u201cBystander intervention, victimization, and routine activities theory: An examination of feminist routine activities theory in cyberspace\u201d, Chaired by Drs. R\u00e1chael Powers and Ojmarrh Mitchell, April 2019, University of South Florida. Ostrowe, Jason, \u201cMunicipal Police Under Federal Control Mixed-Methods Analysis of Title 42 U.S.C. Section 14141 Negotiated Settlements\u201d, Chaired by Dr. Maria Haberfeld, May 2019, John Jay College/Graduate Center, CUNY. Paladino, Amalia Soledad, \u201cIdentity Shifts Among Cis- and Trans- Females Who Sell Sex on the Streets of New York City\u201d, Chaired by Dr. David Brotherton, January 2019, John Jay College/Graduate Center, CUNY. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 15/119 Ruiz Hernandez, Pamela, \u201cThe Evolution of Mara Salvatrucha 13 and Barrio 18: Violence, Extortion, and Drug Trafficking in the Northern Triangle of Central America\u201d, Chaired by Dr. Mangai Natarajan, September 2019, John Jay College/Graduate Center, CUNY. Silva, Jason Media Distortion Analysis of Mass Shootings\u201d, Chaired by Dr. Joshua Freilich, May 2019, John Jay College/Graduate Center, CUNY. Toth, Alex multi-dimensional macrolevel study of drug enforcement strategies, heroin prices, and heroin consumption rates\u201d, Chaired by Dr. Ojmarrh Mitchell, June 2019, University of South Florida. Vespucci, John J., \u201cPolice Officers and College Education: The Association of Police Officer College Education and the Level of Force Used by a Police Officer in Gaining Compliance in Arrest Situations\u201d, Chaired by Dr. Maria Haberfeld, January 2019, John Jay College/Graduate Center, CUNY. Vondal, Jennafer, \u201cChasing the Dragon: The Social Construction of the U.S. Opioid Epidemic\u201d Chaired by Kevin Thompson, March 2019, North Dakota State University. Yeom, Yunho, \u201cExploring the Structural Effects on the Lethal Violence at the U.S. Counties under the Situational Action Theory: An Application of Multivariable\u201d, Chaired by Dr. Jeremy R. Porter, September 2019, John Jay College/Graduate Center, CUNY. 2018 Azimi, Andia, \u201cChild Maltreatment and Depression: The Role of Social Support\u201d, Chaired by Leah Daigle, July 2018, Georgia State University. Bernhardt, Mindy Qualitative Look at Relationships and Social Support Within Criminogenic Environments\u201d, Chaired by Volkan Topalli, August 2018, Georgia State University. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 16/119 Blasco, Nicholas, \u201cThe Short-Term Self-Control Stability of College Students\u201d, Chaired by Dr. Robert Brame, May 2018, University of South Carolina. Boppre, Breanna, \u201cIntersections between Gender, Race, and Justice- Involvement Mixed Methods Analysis of Women\u2019s Experiences in the Oregon Criminal Justice System\u201d, Chaired by Dr. Emily J. Salisbury, May 2018, University of Nevada, Las Vegas. Briones Robinson, Rhissa, \u201cThe impact of a religious/spiritual turning point on desistance lifecourse assessment of racial and ethnic differences\u201d, Chaired by Dr. Michael Leiber, March 2018, University of South Florida. Christiansen, Kirsten, \u201cThe Social Construction of Protest: Print Media Coverage of the 2004 Republican National Convention and 2011 Occupy Wall Street Protests in New York City\u201d, Chaired by Dr. David C. Brotherton, September 2018, John Jay College/Graduate Center, CUNY. Comanescu, Mircea A., \u201cForensic Analysis of Fiber Dyes via Surface-Enhanced Raman Spectroscopy\u201d, Chaired by Dr. Thomas Kubic, September 2018, John Jay College/Graduate Center, CUNY. Golladay, Katelyn A., \u201cUnderstanding Victim-Offender Overlap Taxonomies Longitudinal Study\u201d, Chaired by Dr. Kristy Holtfreter, April 2018, Arizona State University. Green, Charles Maurice, \u201cAgainst Criminalization and Pathology: The Making of a Black Achievement Praxis\u201d, Chaired by Dr. David Brotherton, September 2018, John Jay College/Graduate Center, CUNY. Guo, Siying, \u201cDevelopmental Patterns of Religiosity in Relation to Criminal Trajectories among Serious Offenders across Adolescence and Young Adulthood\u201d, Chaired by Drs. Robert Brame and Christi Metcalfe, May 2018, University of South Carolina. Heley, Frank, \u201cOfficers on Patrol Qualitative Examination of Patrol Officer Behavior and Decision Making\u201d, Chaired by Steven Briggs and Sarah 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 17/119 Boonstoppel, March 2018, North Dakota State University. Huynh, Carol, \u201cCitizens\u2019 Perception of Police Services in an Oil Boomtown\u201d, Chaired by Carol A. Archbold, February 2018, North Dakota State University. Iadonisi, Jon Proposed Framework for Assessing Terrorist Exploitation of Social Networks\u201d, Chaired by Dr. William L. Tafoya, December 2018, University of New Haven. Ilchi, Omeed S., \u201cPublic Servants or Soldiers Test of the Police-Military Equivalency Hypothesis\u201c, Chaired by Dr. James Frank, July 2018, University of Cincinnati. Inglis, Melissa, \u201cAn Examination of Key Determinants of Violent Victimization, Violent Behavior, and Injury Type in Prison: Is Prison Violence Triggered by Importation or Deprivation?\u201d, Chaired by Dr. Richard Spano, March 2018, University of New Haven. Jaeyong, Choi, \u201cMedia Exposure, Confidence in the Police, and Police Legitimacy\u201d, Chaired by Daniel R. Lee, August 2018, Indiana University of Pennsylvania. Koppel, Stephen, \u201cMoral Mode Switching: From Punishment to Public Health\u201d, Chaired by Dr. Mark Fondacaro, February 2018, Graduate Center, CUNY. Krupa, Julie, \u201cIdentifying the personal and perceived organizational characteristics associated with job satisfaction among juvenile probation staff\u201d, Chaired by Dr. Richard Dembo, June 2018, University of South Florida. Lutgen, Laura L., \u201cAssessing the outcomes of a jail-based substance abuse treatment program quasi-experimental approach\u201c, Chaired by Dr. Wendy P. Guastaferro, September 2018, John Jay College/Graduate Center, CUNY. Magrans, Marc Balcells, \u201cContemporary Archeological Looting Criminological Analysis of Italian Tomb Robbers\u201d, Chaired by Dr. Jana Arsovska, February 2018, Graduate Center, CUNY. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 18/119 Mandala, Marissa, \u201cAn Analysis of Successful and Unsuccessful Terrorist Assassinations: Informing Counterterrorism through Situational Crime Prevention\u201d, Chaired by Dr. Joshua D. Freilich, February 2018, Graduate Center, CUNY. Martinez, Christopher, \u201cJob Satisfaction of Former Undercover Officers at Department of Homeland Security, Homeland Security Investigations Qualitative Multiple Case Study\u201d, Chaired by Dr. James Jones, November 2018, Northcentral University. McLean, Kyle, \u201cThe Importance of Outcome Fairness: Revisiting the Role of Distributive Justice\u201d, Chaired by Dr. Scott Wolfe, May 2018, University of South Carolina. Mrozla, Thomas, \u201cIs Justice Delayed Justice Denied? Examining the Timeliness of Completing Police Misconduct Investigations\u201d, Chaired by Carol A. Archbold, February 2018, North Dakota State University. Napper, Sarah, \u201cThe Prevalence of Victimization and use of Victims\u2019 Services on College Campuses: Are There Differences in the Community\u201d, Chaired by Leah Daigle, June 2018, Georgia State University. Onyango, Resila, \u201cProcess Evaluation of Terrorism Amnesty and Reintegration Program, and Perceptions of the Program within Kenya Police\u201d, Chaired by Dr. Eric Piza, May 2018, Graduate Center, CUNY. Ouellette, Heather, \u201cLocal Incarceration as Social Control National Analysis of Social, Economic, and Political Determinants of Jail Use in the United States\u201d, Chaired by Dr. Brandon Applegate, December 2018, University of South Carolina. Petropoulos, Nikolaos, \u201cThe Phenomenon of Match Fixing in Soccer Plague Without a Cure?\u201d, Chaired by Dr. Maria Maki Haberfeld, February 2018, Graduate Center, CUNY. Ra, Kwang, \u201cAssociation between Perception of Police Prejudice against Minorities and Juvenile Delinquency\u201d, Chaired by Dr. Robert Brame, August 2018, 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 19/119 University of South Carolina. Regan, Joshua, \u201cThe Maritime Piracy Index\u201d, Chaired by Dr. William L. Tafoya, March 2018, University of New Haven. Rodriguez, Diana R., \u201cGender and Terrorism Homeland Security Perspective\u201c, Chaired by Dr. Rosemary Barberet, September 2018, John Jay College/Graduate Center, CUNY. Rogers, Erin K., \u201cExamination of the relationship between stressors, correctional burnout, and job outcomes\u201d, Chaired by Jeff Mellow, September 2018, John Jay College/Graduate Center, CUNY. Root, Carl, \u201cYet another Ferguson effect: An exploratory content analysis of news stories on police brutality and deadly force before and after the killing of Michael Brown\u201d, Chaired by Drs. Lorie A. Fridell and Victor E. Kappeler (Eastern Kentucky University), June 2018, University of South Florida. Sch\u00f6nteich, Martin, \u201cGlobal Pretrial Detention Use Cross-National Analysis\u201d, Chaired by Dr. Lucia Trimbur, September 2018, John Jay College/Graduate Center, CUNY. Selman, Kaitlyn, \u201cPunishment as Pedagogy: An Exploration of the Disciplinary Alternative School\u201d, Chaired by Dr. Randy Myers, May 2018, Old Dominion University. Stringer, Richard J., \u201cPolicing the Drinking Community: An Assessment of the War on Drunk Driving Alcohol Related Crashes (1985-2012)\u201d, Chaired by Dr. Randy Gainey, May 2018, Old Dominion University. Tapp, Susannah, \u201cElder victimization and routine activities: An examination of the predictors of fraud and burglary for those age 60 and older\u201d, Chaired by Mark Reed, March 2018, Georgia State University. Zhang, Gary Quasi-Experimental Analysis of School-Based Situational Crime Prevention Measures\u201d, Chaired by Dr. Robert Kaminski, May 2018, University of 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 20/119 South Carolina. 2017 Chrusciel, Margaret, \u201cUntangling the Relationships between Alcohol Use, Employment, and Offending\u201d, Chaired by Dr. Scott Wolfe, August 2017, University of South Carolina. Clubb, Audrey, \u201cSpatial Crime Forecasting: Application of Risk-Terrain Modeling in a Metropolitan County\u201d, Chaired by Joshua Hinkle, May 2017, Georgia State University. Cohen, Derek, \u201cRight on Crime: Conservative Reform in the Era of Mass Imprisonment.\u201d, Chaired by Dr. Francis T. Cullen, April, 2017, University of Cincinnati. Daquin, Jane, \u201cInmate misconduct and victimization: Investigating changes over time and if the risk factors are invariant across age and victim-offender status\u201d, Chaired by Leah Daigle, July 2017, Georgia State University. Gann, Shaun, \u201cEstimating the Effect of Race on Juvenile Court Decision-Making Comparison of Methods\u201d, Chaired by Dr. Christopher Sullivan, December, 2017, University of Cincinnati. Griffin, Patricia M., \u201cResilience in Police: Opioid Use and the Double-Edged Sword.\u201d Chaired by Dr. Jennifer Wood. April, 2017, Temple University. Harbinson, Erin, \u201cIs Corrections \u201cCollar\u201d Blind?: Examining the Predictive Validity of a Risk/Needs Assessment Tool on White-Collar Offenders\u201d, Chaired by Dr. Michael L. Benson, August, 2017, University of Cincinnati. Harocopos, Alexandra J., \u201cPrescription opioid misuse: initiation, sources of supply, and the role of medical provider, Chair by Dr. Lucia Trimbur, September 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 21/119 2017 Graduate Center. Hayton, Alexis C.,\u201cUnderstanding Factors That Impact Cyberbullying Offending and Victimization\u201d, Chaired by Dr. Jonathan A. Kringen, June 2017, University of New Haven. Headley, Rebecca, \u201cDo local institutions matter multilevel examination of the effects of neighborhood churches and service providers on parolee outcomes\u201d, Chaired by Barbara Warner, April 2017, Georgia State University. Hunt, Donald, \u201cExploring the impact of removing cash from the economy on street crime. An empirical analysis of the electronic benefits transfer system\u201d, Chaired by Volkan Topalli, October 2017, Georgia State University. Jeanis, Michelle, \u201cChronic runaway youth gender-based analysis.\u201d Chaired by Drs. R\u00e1chael Powers and Michael Leiber, June 2017, University of South Florida. Link, Nathan Wong, \u201cPaid Your Debt to Society? Legal Financial Obligations and Their Effects on Former Prisoners.\u201d Chaired by Dr. Caterina Roman. April, 2017, Temple University. Lee, Charern, \u201cWeak Commitment to School, Deviant Peers, and Cyberbullying Victimization-Strain in Adolescent Cyberbullying\u201d Chaired by Dr. Christopher W. Mullins, May 2017, Southern Illinois University at Carbondale, IL. Lee, Yong Jei, \u201cComparing Measures of the Concentration of Crime at Places and Times\u201d, Chaired by Dr. John Eck, August 2017, University of Cincinnati. Lynch, Caitlin G., \u201cThe Style and Quantity of School Based Law Enforcement: An Application of the Behavior of Law\u201d, Chaired by Dr. Allison T. Chappell, August 2017, Old Dominion University. Mayes, Lauren, \u201cLaw Enforcement in the Age of Social Media: Examining the Organizational Image Construction of Police on Twitter and Facebook.\u201d Chaired by Dr. Kate Auerhahn. May, 2017, Temple University. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 22/119 Mills, Colleen E., \u201cHatred Simmering in the Melting Pot: Hate Crime in New York City, 1995-2010\u201d, Chair by Dr. Joshua Freilich, September 2017 Graduate Center. Myers, Roslyn Genealogy of the Concept of \u201cHate Crime\u201d in America: The Cultural Implications of Legal Innovation and Social Change\u201c, Chair by Dr. Jayne Mooney, September 2017 Graduate Center. Peterson, Samuel, \u201cWhy Can\u2019t We Be Friends? Exploring Short-term Peer Selection and Peer Influence Dynamics using Longitudinal Social Network Analysis\u201d, Chaired by Dr. Pamela Wilcox, August, 2017, University of Cincinnati. Phillips, Lorraine M., \u201cIs there a connection between individual levels of bias and current immigration policies in the United States test and extension of the Dual Processing Model of bias\u201d, Chair by Dr. Maureen O\u2019Connor, September 2017 Graduate Center. Quick, Leslie-Dawn, \u201cThe United States Benefit Deficit for Veterans\u201d, Chaired by Dr. Ruth A. Triplett, August 2017, Old Dominion University. Roh, Myunghoon Cross \u2013 National Study of Youth Offending: Toward an Integration of Individual and Marco theory of crime.\u201d Chaired by Dr. Ineke Marshall, April 2017, Northeastern University. Schmuhl, Margaret A., \u201cPatriarchy and Violence Against Women Contextual Analysis\u201d, Chair by Dr. Karen Terry, September 2017 Graduate Center. Song, Hyojong, \u201cAn exploratory study of macro-social correlates of online property crime.\u201d Chaired by Drs. John Cochran and Michael J. Lynch, June 2017, University of South Florida. Springer, Marie, \u201cThe Financial Crisis and White Collar Crime: An Examination of Brokerage Failure and it\u2019s Link to Ponzi Schemes\u201d, Chair by Dr. Jeremy Porter, September 2017 Graduate Center. Summers, Monica, \u201cSpeak Softly and Carry a Big Stick: The Effects of Women Correctional Officers on Prison Violence.\u201d Chaired by Dr. Matthew Giblin, August 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 23/119 2017, Southern Illinois University at Carbondale, IL. TenEyck, Michael, \u201cCumulative Disadvantage Across the Life Course: Results from a Nationally Representative Sample.\u201d, Chaired by Dr. J.C. Barnes, April, 2017, University of Cincinnati. Thielo, Angela, \u201cRedemption in an Era of Penal Harm: Moving Beyond Offender Exclusion.\u201d, Chaired by Dr. Francis T. Cullen, April, 2017, University of Cincinnati. Toman, Elisa, \u201cFemale incarceration and prison social order: An examination of gender differences in prison misconduct and in-prison punishment.\u201d Chaired by Joshua C. Cochran and John K. Cochran, June 2017, University of South Florida. Vuk, Mateja, \u201cInmate Time Utilization and Well-Being\u201d, Chaired by Dr. Brandon K. Applegate, May 2017, University of South Carolina. Walker, Allyson E., \u201cUnderstanding Resilience Strategies among Minor-Attracted Individuals\u201d, Chair by Dr. Lila Kazemian, September 2017 Graduate Center. Young, Stephen T., \u201cThe Devil is in the Details: Representations of the Rural Appalachian Deviant\u201d, Chaired by Dr. Randy Myers, August 2017, Old Dominion University. 2016 Aiello, Michael, \u201cCalling Campus Police Test of Procedural Justice and Unresponsive Bystander Models.\u201d Chair by Dr. Brian Lawton, September 2016, John Jay / Graduate Center, CUNY. Bechtel, Kristin Ann, \u201cAdherence to the Risk, Need and Fidelity Principles: Examining the Impact of Dosage in Correctional Programming\u201d, Chaired by Dr. Edward Latessa, August, 2016, University of Cincinnati. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 24/119 Blasdell, Raleigh, \u201cReel or Reality? The Portrayal of Prostitution in Major Motion Pictures\u201d Chaired by Michael Lynch, Ph.D. December 2015. University of South Florida. Bonomo, Elizabeth, \u201cCrime and Control at the Chess Park\u201d, Chaired by Scott Jacques, December 2016, Georgia State University. Brown, Wyatt, \u201cDisinhibition, Violence Exposure, and Delinquency Test of How Self-Control Affects the Impact of Exposure to Violence.\u201d Chaired by Wesley G. Jennings, March 2015, University of South Florida. Buchholz, Maria, \u201cBlessings and Curses: The Impact of the North Dakota Oil Boom on Offender Reentry and Reintegration into the Community\u201d Chaired by Andrew J. Myer, November 2016, North Dakota State University. Capellan, Joel, \u201cLooking Upstream Sociological Investigation of Mass Public Shootings\u201d Chair by Dr. Jeremy Porter, September 2016, John Jay / Graduate Center, CUNY. Choi, Jisun, \u201cExamining Victimization in South Korea 1993-2010 Comparative Application of Ecological Theories of Crime.\u201d Chaired by Dr. Jeremy Porter, May 2016 Graduate Center. Chouhy, Cecilia, \u201cCollective Efficacy and Community Crime Rates Cross- National Test of Rival Models\u201c, Chaired by Dr. Francis Cullen, August, 2016, University of Cincinnati. Corbin, Anne M., \u201cRole Conflict Among Juvenile Defenders in an Expressed Interests Jurisdiction: An Empirical Study.\u201d Chaired by Donna Bishop, January 2016, Northeastern University. Cotrone, Erin, \u201cThe Guilty but Mentally Ill Verdict: Assessing the Impact of Informing Jurors of Verdict Consequences\u201d Chaired by Dr. John Cochran. December 2016. University of South Florida. Dahle, Thorvald, \u201cNo Time for Stolen Yard Gnomes: Changing Styles of Policing During an Oil Boom\u201d Chaired by Carol A. Archbold, July 2016, North Dakota State 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 25/119 University. Dobrow, Jason, \u201cThe Relationship between Psychopathic Personality Traits and Lying.\u201d Co-chaired by Drs. Kathleen Heide and Shayne Jones, March 2015, University of South Florida. Dorn, Shelagh E., \u201cExamining Law Enforcement Analysis and Intelligence Capabilities Case Study of Urban Policing,\u201d Chaired by Robert E. Worden, 2016, University at Albany, SUNY. Drawbridge, Dara, \u201cExpressiveness and Instrumentality in Homicide: Hybrid Crime Scenes and the Links Among Situations, Psychological Processes, and Actions.\u201d Chaired by Gregory Zimmerman, May 2016, Northeastern University. Eggers, Amy, \u201cDelving into the Heart of Victimization Risk: Examining the Interactive Relationship between Demographic Factors and Context\u201d Chaired by Dr. Ojmarrh Mitchell. December 2016. University of South Florida. Elvey, Kate, \u201cBeyond the Party Lifestyle Quantitative Analysis of Sexual Victimization on College Campuses\u201c, Chaired by Dr. Sandra Lee Browning, August, 2016, University of Cincinnati. Fahy, Stephanie, \u201cSafe Harbor of Minors Involved in Prostitution: Understanding How Criminal Justice Officials Perceive and Respond to Minors Involved in Prostitution in a State with a Safe Harbor Law.\u201d Chaired by Ineke Marshall, May 2016, Northeastern University. Feldman, Cory, \u201cMandated Anger Management from the Perspective of Violent Offenders.\u201d Chair by Dr. Richard Curtis, September 2016, John Jay / Graduate Center, CUNY. Ferraresso, Riccardo, \u201cGender roles, social control and digital piracy longitudinal analysis of gender differences in software piracy among Korean adolescents.\u201d Chair by Dr. Jeremy Porter, September 2016, John Jay / Graduate Center, CUNY. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 26/119 Green, Douglas, \u201cTraumatic Stress, World Assumptions, and Law Enforcement Officers.\u201d Chaired by Dr. Louis Schlesinger, September 2016, John Jay / Graduate Center, CUNY. Gulledge, Laura, \u201cThe Role of Gender in Self-Control and Intimate Partner Violence.\u201d Chaired by John Cochran and Christine Sellers, July 2016, University of South Florida. Hanson, Nicole, \u201cSelling National Security: Journalism, Political Actors, and the Marketing of Counterterrorism Policy.\u201d Chair by Dr. David A. Green, September 2016, John Jay / Graduate Center, CUNY. Judge, David Abeling, \u201cExamining the Impact and Changing Nature of Social Influences of Desistance from Crime and General Offending.\u201d Chaired by Chester L. Britt, III, & Gregory Zimmerman, May 2016, Northeastern University. Kavish, Daniel, \u201cInteractionist Labeling structural Equation Model of Formal Labeling, Juvenile Delinquency, and Adult Criminality\u201d Chaired by Dr. Christopher W. Mullins, July 2016, Southern Illinois University at Carbondale, IL. Klossou, Emmanuelle, \u201cReform Effects Study of the Impact of Case Law and Legislation on the Sentencing of Offenders in Federal Courts.\u201d Chaired by Chester L. Britt, III, & Natasha Frost, May 2016, Northeastern University. Lasky, Nicole V., \u201cSexual Assault Incident Characteristics and Confidante Responses\u201c, Chaired by Dr. Bonnie S. Fisher, April, 2016, University of Cincinnati. Lowery, Patrick, \u201cThe Socio-Legal Construction of Adolescent Criminality: Examining Race, Community, and Contextual Factors Through the Lens of Focal Concerns\u201d, Chaired by Dr. John Burrow, August 2016, University of South Carolina. Lux, Jennifer, \u201cAssessing The Effectiveness of Multisystemic Therapy Meta- Analysis\u201c, Chaired by Dr. Francis Cullen, April, 2016, University of Cincinnati. Maragh, Cynthia-Lee, \u201cShould we talk? Examining Individual and Aggregate Level Predictors of Mediation Selection at the New York City Civilian Complaint 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 27/119 Review Board.\u201d Chair by Dr. Jeremy Porter, September 2016, John Jay / Graduate Center, CUNY. Matz, Adam K., \u201cEnhancing Community Supervision Unified Voice for Community Corrections Concerning Police-Probation/Parole Partnerships\u201d, Chaired by Dr. Bitna Kim, May, 2016, Indiana University of Pennsylvania. McCarthy, Kevin E., \u201cAssessing the Criminal Prosecutions of Policing in Six Major Scandals in the New York City Police Department from 1894 to 1994\u201dChair by Dr. Candace McCoy, February 2016 Graduate Center. Monteiro, Carlos, \u201cUnderstanding Persistent Offending Among Incarcerated Offenders through General Strain Theory.\u201d Chaired by Natasha Frost, May 2015, Northeastern University. Paez, Gabriel, \u201cBullying Prevention in New York City Public Schools: School Safety Agents Perception of Their Role.\u201d Chair by Dr. Roddrick Colvin, September 2016, John Jay / Graduate Center, CUNY. Rojas-Gaona, Carlos E., \u201cExplaining the Adoption of Street Code Attitudes Among Latinos and its Effects on Criminal Offending\u201c, Chaired by Dr. Christopher Sullivan, August, 2016, University of Cincinnati. Schweitzer, Myrinda, \u201cReinventing Juvenile Justice: Examining the Effectiveness of the Targeted Initiative,\u201d Chaired by Dr. Edward Latessa, April 2016, University of Cincinnati. Sharp Parker, Amanda M., \u201cThe Applicability of Criminology to Terrorism Studies: An Exploratory Study of Supporters in the United States.\u201d Chaired by John Cochran, July 2016, University of South Florida. Shine, Beau, \u201cBest Systemic Practices for the Management of Deaf Suspects, Defendants and Offenders\u201c, Chaired by Dr. Sandra Lee Browning, April, 2016, University of Cincinnati. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 28/119 Silva, Maya, \u201cExamination of the Personal Narratives of Desisters and Non- Offenders: Do They Really Differ?\u201d Chaired by Dr. Wayne Welsh, July 2016, Temple University. Spangenberg, Francis E., \u201cCharacteristics of Newly-hired Members of the New York City Police Department as Predictors of Subsequent Job Performance.\u201d Chaired by Dr. Candace McCoy, May 2016 Graduate Center. Sporer, Celia, \u201cSex Differences in Stress, Burnout and Coping in Emergency Medical Service Providers.\u201d Chair by Dr. Jon M. Shane, September 2016, John Jay / Graduate Center, CUNY. Terranova, Victoria, \u201cAssessing the effects of the ignition-interlock device on recidivism.\u201d Chaired by Mark Stafford, Ph.D. May 2016. Texas State University. Xing, Xueyi, \u201cThe Impact of Deinstitutionalization on Murders of Law Enforcement Officers\u201d, Chaired by Dr. Robert J. Kaminski, August 2016, University of South Carolina. Zaatut, Amarat, \u201cSocial Institutions, Acculturation, and Delinquency Risk Study of Second Generation Arab Immigrants in an Ethnic Enclave Community\u201d Chaired by Dr. Jody Miller, May 2016, School of Criminal Justice, Rutgers University. 2015 Alizadeh, Mohsen S., \u201cShift in Federal Funding Post Sept 11: from Community Policing to Homeland Security.\u201d Chaired by Dr. Maria Haberfeld, January 2015 Graduate Center. Andersson, Catrin, \u201cRevisiting the Frustration-Aggression Hypothesis Multi- level Application to Cross-National Violence Rates.\u201dChaired by Dr. Lila Kazemian, 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 29/119 September 2015 Graduate Center. Benefiel, Rodger, \u201cPositive Administrative Control Construct for Assessing Managerial Influences on Rates of Misconduct in Prison.\u201d Chaired by Dr. Cassia Spohn, April 2015, Arizona State University School of Criminology & Criminal Justice. Bocker, Rosalyn,\u201cExamining spatiotemporal patterns of disorder at bars in Newark, New Jersey.\u201d Chaired by Dr. James O. Finckenauer, May 2015, School of Criminal Justice, Rutgers University. Borrego, Andrea, \u201cExploring the Nature and Prevalence of Arrest-Related Deaths in the United States Content Analysis of Fatal Police-Citizen Encounters, 2005-2006,\u201d Chaired by Dr. Michael White, July 2015, Arizona State University. Bracewell, Tammy, \u201cChildren\u2019s Advocacy Centers\u2019 Effect on the Prosecutorial Decision to Accept or Reject Cases of Child Sexual Abuse.\u201d Chaired by Brian Withrow, Ph.D., August 2015, Texas State University. Cano, Mario, \u201cProsecutorial Discretion across Federal Sentencing Reforms: Immediate and Enduring Effects of Unwarranted Disparity,\u201d Chaired by Dr. Cassia Spohn, August 2015, Arizona State University. Chaires, Mark R., \u201cStereotypes and Deadly Force Decision-Making,\u201d Chaired by Robert E. Worden, 2015, University at Albany, SUNY. Cho, Sujung Multi-Level Model of Personal Victimization Among South Korean Youths\u201d, Chaired by Dr. John Wooldredge, August, 2015, University of Cincinnati. Choi, Jisun, \u201cExamining Victimization in South Korea 1993-2010 Comparative Application of Ecological Theories of Crime.\u201d Chaired by Dr. Jeremy Porter, May 2016 Graduate Center. Chowdhury, Liza,\u201cIntersections of race and gender on prison punishment and adjustment.\u201d Chaired by Dr. Edem Avakame, May 2015, School of Criminal Justice, Rutgers University. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 30/119 Coyne, Michelle, \u201cPredicting Arrest Probability Across Time Test of Competing Risk Perspectives\u201d, Chaired by Dr. John P. Wright, August, 2015, University of Cincinnati. Cubellis, Michelle A., \u201cSexual Victimization, Disclosure, and Accountability: Organizational Responses of Boy Scouts of America to Child Sexual Abuse.\u201dChaired by Dr. Karen Terry, September 2015 Graduate Center. Deryol, Rustu, \u201cLifestyle, Self-Control, and School-Based Violent Victimization in Turkey\u201d, Chaired by Dr. Pamela Wilcox, August, 2015, University of Cincinnati. Desa, Tonya, \u201cChild Abductors Who Have Killed Their Victims Theoretical Approach to Spatial Analysis.\u201d Chaired by Dr. Karen Terry, December 2014 Graduate Center. Diaczuk, Peter Study of 9 millimeter (Parabellum) Bullet Ricochet on Common Substrates.\u201d Chaired by Dr. Thomas A. Kubic, July 2014 Graduate Center. Dulisse, Brandon, \u201cSticky\u201d You or \u201cSticky\u201d Me Longitudinal Examination of the Stability of Adolescent Peer Groups\u201d, Chaired by Dr. J.C. Barnes, August, 2015, University of Cincinnati. Fennig, Tamie H., \u201cIt\u2019s a Difficult Discussion\u201d: International Police and Judicial Cooperation Aimed at Combating Serious Transnational Organized Crime in the Cross-Border Meuse-Rhine Euregion of Belgium, The Netherlands, and Germany. Chaired by Dr. Curt Griffiths, August 2015, School of Criminology, Simon Fraser University. Gaub, Janne,\u201cBad Lady Cops: Explaining Sex Differences in Police Officer Misconduct.\u201d Chaired by Dr. Kristy Holtfreter, April 2015, Arizona State University, School of Criminology & Criminal Justice. Gavin, Patricia,\u201cThe Massachusetts Quinn Bill case study in the quest for quality.\u201d Chaired by Dr. James O. Finckenauer, May 2015, School of Criminal Justice, Rutgers University. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 31/119 Gentry, Kendra, \u201cApple Picking: The rise of electronic device thefts in Boston subways.\u201d Chaired by Dr. Mike Maxfield, February 2015 Graduate Center. Glassner, Steven, \u201cEvaluating Traumatic Life Events: An Assessment of the Health and Delinquent Outcomes of Youth Exposed to Trauma.\u201d Chaired by Joycelyn Pollock, Ph.D., August 2015, Texas State University. Goodman, Marna, \u201cThe Pennsylvania Academic Career/Technical Alliance Initiative: Engaging Youth in School and Work.\u201d Chaired by Dr. Jeff Mellow, December 2014 Graduate Center. Grubb, Leah M., \u201cRisk, psychopathy, and predicting recidivism in female sexual offenders.\u201d Chaired by Dr. Holly Miller, May 2015, Sam Houston State University. Grugan, Shannon, \u201cCampus policing practices and legitimacy in different community contexts qualitative analysis of student perspectives.\u201d Chaired by Dr. Jody Miller, May 2015, School of Criminal Justice, Rutgers University. Haberman, Cory P., \u201cCops on dots doing what? The differential effects of police enforcement actions in hot spots.\u201d Chaired by Jerry H. Ratcliffe, May 2015, Temple University. Hawk, Shila Rene Multi-Method Examination of Homicide Investigations on Case Outcomes\u201d, Chaired by Dean Dabney, December 2015, Georgia State University. Henderson, Brandy, \u201cExploring the Interactive Effects of Social Learning Theory and Psychopathy on Serious Juvenile Delinquency.\u201d Chaired by Shayne D. Jones, Ph.D. University of South Florida. Henderson, Jaime S., \u201cEstimating the impacts of in Pennsylvania: The potential consequences of including juveniles.\u201d Chaired by Kate Auerhahn, January 2015, Temple University. Henninger, Alana, \u201cWomen are Like Silk and Men are Like Gold cross-country Comparison of Institutional Responses to Honor Violence.\u201dChaired by Dr. Mike Maxfield, September 2015 Graduate Center. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 32/119 Herrschaft, Bryn, \u201cEvaluating the reliability and validity of the Correctional Offender Management Profiling for Alternative Sanctions (COMPAS) tool: Implications for community corrections policy.\u201d Chaired by Dr. Bonita Veysey, May 2015, School of Criminal Justice, Rutgers University. Hiropoulos, Alexandra, \u201cDangerous Spaces: The Structural Context of Violence Against Foreign Nationals in South Africa.\u201dChaired by Dr. Diana Gordon, September 2015 Graduate Center. Holt, Karen, \u201cNegotiating Limits: Boundary Management in the Bondage/ Discipline/ Sadomasochism (BDSM) Community.\u201d Chaired by Dr. David Brotherton February 2015 Graduate Center. Hyland, Shelley S., \u201cPredicting Job Performance in Correctional Officers with Pre-Employment Psychological Screening,\u201d Chaired by Robert E. Worden, 2015, University at Albany, SUNY. Ishoy, Glenn, \u201cApplying focal concerns and the theory of planned behavior to the decision-making process in policing\u201d, Chaired by Dean Dabney, December 2015, Georgia State University. Irvin-Erickson, Yasemin,\u201cIdentifying risky places for crime: An analysis of the criminogenic spatiotemporal influences of landscape features on street robberies.\u201d Chaired by Dr. Joel M. Caplan, May 2015, School of Criminal Justice, Rutgers University. Johnson, Jeremiah, \u201cLaw Enforcement Innovation and Diffusion Network Analysis of Police Accreditation.\u201d Chaired by Dr. John Shane, September 2015 Graduate Center. Kerodal, Ashmini G., \u201cCommitted to the Cause? Violent and Financial Criminal Behaviors of Domestic Far-Rightists.\u201d Chaired by Dr. Joshua Freilich, August 2014 Graduate Center. Kim, Byung Bae, \u201cGender Disparity and Ecological Contexts of Court Community in Federal District Courts,\u201d Chaired by Dr. Cassia Spohn, July 2015, Arizona State 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 33/119 University. Kim, Hyejin Multi-Level Analysis of the Effects of Program Completion, Setting, and Integrity on Recidivism with Residential Community Correctional Programs\u201d, Chaired by Dr. Edward Latessa, December, 2015, University of Cincinnati. Kim, Jeong Hyun, \u201cInformation theft within different organizational types rational choice analysis.\u201d Chaired by Dr. Ronald V. Clarke, May 2015, School of Criminal Justice, Rutgers University. Labrecque, Ryan Quantitative Evaluation of the Effect of Solitary Confinement on Institutional Behavior\u201d, Chaired by Dr. Paula Smith, August, 2015, University of Cincinnati. Lam, Hing Po (Sally Meta-Analysis of the Prediction of Violence among Adults with Mental Disorders.\u201d Chaired by Dr. Karen Terry, September 2014 Graduate Center. Lim, Hyung Jin, \u201cCrime-Reduction Effects of Open-Street CCTVs in Cincinnati\u201d, Chaired by Dr. Pamela Wilcox, August, 2015, University of Cincinnati. Logan, Matthew, \u201cCoping with Imprisonment: Testing the Special Sensitivity Hypothesis for White-Collar Offenders\u201d, Chaired by Dr. Michael Benson and Dr. Francis Cullen, August, 2015, University of Cincinnati. Lopez, Kristina, \u201cNativity and Hispanic Victimization: An Examination of Mediating and Moderating Effects.\u201d Chaired by Mark Stafford, Ph.D., August 2015, Texas State University. Madoo, Justine, \u201cPositive and negative social capital balancing act? Labor market and neighborhood experiences of young adult offenders reentering from jail.\u201d Chaired by Dr. Mercer L. Sullivan, May 2015, School of Criminal Justice, Rutgers University. Maule, Brian, \u201cThe Impact of Police Misconduct in King\u2019s County, on New York City\u2019s Liability, 2006-2010.\u201d Chaired by Dr. Maria Haberfeld, December 2014, 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 34/119 Graduate Center. McCarthy, Kevin E., \u201cAssessing the Criminal Prosecutions of Policing in Six Major Scandals in the New York City Police Department from 1894 to 1994\u201dChair by Dr. Candace McCoy, February 2016 Graduate Center. Medina, Justin C., \u201cThe correlates of post-sentencing adjustments to supervision length within a local probation and parole department.\u201d Chaired by Ralph B. Taylor, May 2015, Temple University. Mitchell, Jessica, \u201cThe Role of Social Support in the Disclosure and Recovery Process on Rape Victims.\u201d Chaired by Amy Cohn & Kathleen Heide, Ph.D. April 2014. University of South Florida. Morrow, Weston, \u201cExamining the Potential for Racial/Ethnic Disparities in Use of Force During Stop and Frisk Activities.\u201d Chaired by Dr. Michael White, April 2015, Arizona State University, School of Criminology & Criminal Justice. Mulligan, Erin, \u201cEvaluating the Social Control of Banking Crimes: An Examination of Anti-Money Laundering Deficiencies and Industry Success.\u201d Chaired by Michael J. Lynch, Ph.D. University of South Florida. Muni, Michele-Lynne, \u201cPolicing Domestic Violence: Case Study of Organizational Change in the Trenton Police Department.\u201d Chaired by Todd Clear, May 2012, Rutgers University, School of Criminal Justice, Newark NJ. Ortiz, Jennifer M., \u201cThe Power of Place Comparative Analysis of Prison and Street Gangs.\u201dChaired by Dr. David Brotherton, September 2015 Graduate Center. Panuccio, Elizabeth, \u201cReentry from incarceration during young adulthood: The impact of family context on youth in transition.\u201d Chaired by Dr. Mercer L. Sullivan, May 2015, School of Criminal Justice, Rutgers University. Perez, Nicholas, \u201cThe Path to Violent Behavior: The Harmful Aftermath of Childhood Trauma.\u201d Chaired by Wesley G. Jennings, March 2015, University of South Florida. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 35/119 Peterson, Bryce, \u201cInmate-, Incident-, and Facility-level Factors Associated with Escapes from Custody and Violent Outcomes.\u201d Chaired by Dr. Jeff Mellow, December 2014 Graduate Center. O\u2019Neal, Eryn Nicole, \u201cOften Feel We Victimize the Victim More Than the Suspect Does: Examining Officer Attitudes Toward Sexual Assault Complainants\u2013a Social Ecological Framing Theory Approach,: November 2015, Chaired by Dr. Cassia Spohn, Arizona State University. Quershi, Hanif Study of Organizational Citizenship Behaviors (OCB) and its Antecedents in an Indian Police Agency\u201c, Chaired by Dr. James Frank, December, 2015, University of Cincinnati. Ramdath, Cassandra, \u201cTraumatic brain Injury among Adolescent Inmates in Rikers Island Mixed Methods Study.\u201d Chaired by Dr. Hung-En Sung, September 2015 Graduate Center. Reynolds, Paul, \u201cThe Impact of Fairness, Organizational Trust and Perceived Organizational Support on Police Officer Performance.\u201d Chaired by Joycelyn Pollock, Ph.D., August 2015, Texas State University. Ruf, Amber Horning, \u201c\u2019Pimps\u2019 of Harlem: Talk of Labor and the Sociology of Risk.\u201dChaired by Dr. Valli Rajah, September 2015 Graduate Center. Runell, Lindsey, \u201cLife-course engagement in crime, post-secondary education and desistance for formerly incarcerate college students.\u201d Chaired by Dr. Jody Miller, May 2015, School of Criminal Justice, Rutgers University. Sorg, Evan T., \u201cAn ex post facto evaluation of the Philadelphia GunStat model.\u201d Chaired by Jerry H. Ratcliffe, May 2015, Temple University. Spangenberg, Francis E., \u201cCharacteristics of Newly-hired Members of the New York City Police Department as Predictors of Subsequent Job Performance.\u201d Chaired by Dr. Candace McCoy, May 2016 Graduate Center. Sytsma, Victoria, \u201cJuvenile offender reentry in an urban setting: An evaluation of an intensive supervision program using a time to failure model.\u201d Chaired by Dr. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 36/119 Todd R. Clear, May 2015, School of Criminal Justice, Rutgers University. Trent, Carol, \u201cElite Deviance, Organized Crime, and Homicide Cross-National Quantitative Analysis.\u201d Chaired by Michael J. Lynch, Ph.D. University of South Florida. Turanovic, Jill, \u201cThe Age-Graded Consequences of Victimization.\u201d Chaired by Dr. Michael Reisig, April 2015, Arizona State University, School of Criminology & Criminal Justice. VanGeem, Stephen, \u201cAn Evaluation of the Utah First District Mental Health Court: Gauging the Efficacy of Diverting Offenders Suffering with Serious Mental Illness.\u201d Chaired by Shayne D. Jones, Ph.D. University of South Florida. Vickovic, Samuel, \u201cCorrectional Officer Job Stress: The Influence of Perceived Occupational Prestige.\u201d Chaired by Dr. Marie Griffin, Arizona State University, School of Criminology & Criminal Justice. Viollaz, Julie, \u201cWhen Human-Leopard Conflict Turns Deadly Cross-Country Situational Analysis.\u201d Chaired by Dr. Mike Maxfield, Feb 2016 Graduate Center. Warner, Jessica Tale of Two States: An Examination and Comparison of Organizational Context in Correctional Institutions\u201d, Chaired by Dr. Edward Latessa, December, 2015, University of Cincinnati. Welsh, Megan, \u201cCollisions of the personal and the public in post-realignment California: How women and front-line workers manage post-incarceration work.\u201d Chaired by Dr. Valli Rajah, April, 2015 Graduate Center. Wheeler, Andrew P., \u201cWhat We Can Learn from Small Units of Analysis,\u201d Chaired by Robert E. Worden, 2015, University at Albany, SUNY. White, Clair, \u201cYouth Receiving Treatment Service in the Juvenile Justice System: An Examination of Funding Sources and Recidivism.\u201d Chaired by Dr. Michael Shafter, February 2015, Arizona State University, School of Criminology & Criminal Justice. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 37/119 Wierenga, Andrew P., \u201cSafety and Security of Arizona Public High Schools Case Study of Experiences of Security with an Onsite\u201d, Chaired by Dr. Cynthia Loubier, March, 2017, Northcentral University. Wholl, Douglas, \u201cRape, Race and Capital Punishment in North Carolina Qualitative Approach to Examining an Enduring Cultural Legacy.\u201d Chaired by John K. Cochran, Ph.D. University of South Florida. Wood, McKenzie Big Deal: Examining Routine Activities Variables Related to Sexual Victimization on the College Campus\u201d, Chaired by Amy Stichman, March 2015, North Dakota State University. Yoon, Kiki Seokhee, \u201cWhy do victims not report?: The influence of the police and criminal justice cynicism on the dark figure of crime.\u201d Chaired by Dr. David Kennedy, April, 2015 Graduate Center. 2014 Ananth, Akhila, \u201cSpatializing Child Welfare: Edelman Children\u2019s Court and the Geography of Juvenile Dependency.\u201d Chaired by Susan Coutin, June 2014, University of California, Irvine. Binns, Chelsea, \u201cBureau pathology and Organizational Fraud Prevention: Case Studies of Fraud Hotlines\u201d Dr. Warren Benton, April 2014 Graduate Center. Blair, Lesli, \u201cCommunity Gardens, Criminal Opportunity, and Collective Efficacy\u201d, Chaired by Dr. Pamela Wilcox, December, 2014, University of Cincinnati. Boessen, Adam, \u201cGeographic Space and Time: The Consequences of the Spatial Footprint for Neighborhood Crime.\u201d Chaired by John Hipp, June 2014, University of California, Irvine. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 38/119 Bohn, Lance, \u201cRacial and Ethnic Representation of Adult Male Inmates in Large Jail Isolation Units,\u201d Chaired by Dr. Stephen Morreale, May 2014, Walden University. Bolger, P. Colin, \u201cConsistency or Discord: Meta-Analyses of Police Decisions to Search and Use Force\u201d, Chaired by Dr. Lawrence Travis, April, 2014, University of Cincinnati. Boyd, Katherine, \u201cEcology of Terrorism: Cross-National Comparison of Terrorist Attacks\u201d Dr. Amy Adamczyk, April 2014 Graduate Center. Chintakrindi, Sriram, \u201cPost-treatment drug use, recidivism, analogous behaviors, and perceptions of fairness: Examining whether parolees with low self-control will benefit from the Collaborative Behavioral Management intervention\u201d Dr. Jeremy Porter, March 2014 Graduate Center. Crank, Beverly, \u201cThe role of subjective and social factors in the desistance process within-individual examination\u201d, Chaired by Tim Brezina, August 2014, Georgia State University. Crowl, Justin N., \u201cPolice legitimacy and fear of crime: An exploration of student perceptions.\u201d Chaired by Dr. Dennis Giever, September 2013, Indiana University of Pennsylvania. Fontenot, David, \u201cCrime, Emergency, Discourse, and Technology: The War on Crime and the 9-1-1 Emergency Response System.\u201d Chaired by Elliott Currie, September 2014, University of California, Irvine. Frei, Autumn, \u201cPredicting successful drug court graduation: Exploring demographic and psychological factors among medication assisted drug court treatment clinics\u201d Dr. Christine Sellers, May 2014, University of South Florida. Gallagher, Kathleen M., \u201cProblem Framing in Problem-Oriented Policing: An Examination of Framing from Problem Definition to Problem Response\u201d, Chaired by Dr. John E. Eck, August, 2014, University of Cincinnati. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 39/119 Givens, Gena, \u201cDevelopmental Trajectories of Physical Aggression and Nonaggressive Rule-Breaking among At-risk Males and Females during Late Childhood and Early Adolescence\u201d Drs. Wesley Jennings and Joan Reid, May 2014, University of South Florida. Gorislavsky, Ekaterina, \u201cRacial-Ethnic Differences in Rape and Sexual Assault Victimization Pooled Analysis of Data, 1994-2010.\u201d Chaired by Janet Lauritsen, 2014, University of Missouri-St. Louis. Haerle, Darin, \u201cUnpacking \u201cAdultification\u201d: The Impact of Juvenile Waiver Policy on Incarcerated California Youth.\u201d Chaired by Cheryl Maxson, June 2014, University of California, Irvine. Hayes, Brittany, \u201cThe Process of Separation for Victims of Intimate Partner Violence: Evaluating Risk of Indirect and Physical Abuse Relating to Interpersonal Events.\u201d Dr. Michael Maxfield, November 2013 Graduate Center. Hess, Maya, \u201cTranslator, traitor critical ethnography of a U.S. terrorism trial\u201d Dr. Diana Gordon, January 2014 Graduate Center. Jennings, Kevin, \u201cWho are Computer Criminals?\u201d Chaired by Brian J. Withrow, Ph.D. August 2014. Texas State University. Kennedy, Jay P., \u201cManagers\u2019 Perspectives on the Problem of Employee Theft in Small Businesses\u201d, Chaired by Dr. Michael Benson, August, 2014, University of Cincinnati. Kim, Yongsok, \u201cStudents\u2019 Perceptions of School Resource Officers (SROs).\u201d Chaired by Brian J. Withrow, Ph.D. August 2014. Texas State University. Kopp, Phillip, \u201cIs Burglary a Violent Crime? An Empirical Investigation of Classifying Burglary as a Violent Felony and its Statutory Implications.\u201d Dr. Jon M. Shane, May 2014 Graduate Center. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 40/119 Kras, Kimberly, \u201cRedemption or Condemnation Long-Term Follow-up of the Desistance Patterns of Sex Offenders.\u201d Chaired by Beth Huebner, 2014, University of Missouri-St. Louis. Kringen, Anne, \u201cUnderstanding Barriers That Affect Women Entering Policing Mixed Method Approach.\u201d Chaired by Joycelyn Pollock, Ph.D. August 2014. Texas State University. Leary, Pauline, \u201cCounterfeiting challenge to Forensic Science, the Criminal Justice System and its Impact on Pharmaceutical Development.\u201d Professor John A. Reffner, April 2014 Graduate Center. Madero-Hernandez, Arelys, \u201cExamining Three Alternative Explanations for the Race/Ethnicity Disparities in Violent Victimization: Mediation, Moderation and Contextual Effects\u201d, Chaired by Dr. Bonnie S. Fisher, August 2014, University of Cincinnati. Mogavero, Melanie Clark, \u201cThe Social and Geographical Patterns of Sexual Offending:Questioning the Practicality of Broadly Implemented Sex Offender Residence Restriction Laws\u201d, Advisor: Dr. Leslie Kennedy, May 2014, Rutgers University. Mahacharoen, Thiti, \u201cThe Application of Dispersion Staining and Infrared Micro spectroscopy to Analyze Physical Evidence in Developing Countries\u201d John A. Reffner, April 2014 Graduate Center. Maskaly, Jon, \u201cPredicting Fear of Crime using a Multilevel and Multi-Model Approach Study in Hillsborough County\u201d Drs. Lyndsay Boggess and Lorie Fridell, May 2014, University of South Florida. Michel, Cedric, \u201cPublic Knowledge and Sentiments about Elite Deviance\u201d Drs. John Cochran and Michael Lynch, May 2014, University of South Florida. Mummert, Sadie, \u201cCan victims\u2019 compensation reduce revictimization risk? Examining the role of victims\u2019 compensation and satisfaction\u201d, Chaired by Leah Daigle, August 2014, Georgia State University. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 41/119 Naito, Mai, \u201cReliability of Eyewitness Evidence: An Analysis of State-Level Decisions Using Manson v. Brathwaite\u2019s Criteria,\u201d Chaired by Dr. Michael S. Vaughn, August 2014, Sam Houston State University. Ndrecka, Mirlinda, \u201cThe Impact of Reentry Program on Recidivism Meta- Analysis\u201d, chaired by Dr. Edward J. Latessa, August, 2014, University of Cincinnati. Omori, Marisa, \u201cCumulative Racial Inequality of Drug Defendants.\u201d Chaired by Mona Lynch, June 2014, University of California, Irvine. Peck, Jennifer, \u201cThe Influence of Community Context on Social Control Multi- Level Examination of the Relationship between Race/Ethnicity, Drug Offending, and Juvenile Court Outcomes\u201d Dr. Mike Leiber, May 2014, University of South Florida. Perkins, Wendy, \u201cApplication of an Ecological Model to the Labeling of Sexual Aggression\u201d, chaired by Dr. Bonnie S. Fisher, August, 2014, University of Cincinnati. Pryce, Daniel K., \u201cProcedural Justice, Legitimacy, and Cooperation With Police: Evidence From Community of Ghanaian Immigrants.\u201d Chaired by Dr. Devon Johnson, July 2014, George Mason University. Rodriguez, Crystal, \u201cAssessing Young Males\u2019 Perspectives on the Cultural Competency of Juvenile Justice Staff and Predicting Psychosocial Functioning\u201d Mark Fonadacaro, PhD May 2014 Graduate Center. Shniderman, Adam, \u201cDangerous Minds: An Inquiry into Juror Decision Making on Law, Morality, and Neuroscience.\u201d Chaired by Simon Cole, June 2014, University of California, Irvine. Taylor, Liana R., \u201cGeneral responsivity and evidence-based treatment: Individual and program predictors of treatment outcomes during adolescent outpatient substance abuse treatment.\u201d Chaired by Matthew Hiller, September 2014, Temple University. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 42/119 Thompson, Wendy A., \u201cStaff Turnover in Juvenile Corrections: Predicting Intentions to Leave\u201c. Chaired by Phil Harris, May 2014, Temple University. Ticknor, Bobbie, \u201cSex Offender Policy and Practice: Comparing the Tier Classification System and Static-99 Risk Levels\u201d, chaired by Dr. Paula Smith, August, 2014, University of Cincinnati. Valasik, Matthew, \u201cSaving the World, One Neighborhood at a Time: The Role of Civil Gang Injunctions at Influencing Gang Behavior.\u201d Chaired by George Tita, September 2014, University of California, Irvine. Vecchio, Michael J., \u201cThe Role of Violence within and across Self-identified Gang Youth.\u201d Chaired by Finn Esbensen, 2014, University of Missouri-St. Louis. Wentz, Ericka, \u201cSexual Assault Cases and the Funnel of Justice: An Examination of Police and Prosecutorial Decision-Making\u201d, Chaired by Carol A. Archbold, April 2014, North Dakota State University. Wiley, Stephanie, \u201cThe Amplification of Deviance Following Police Contact: An Examination of Individual and Neighborhood Factors among a Sample of Youth.\u201d Chaired by Finn Esbensen, 2014, University of Missouri-St. Louis. Yates, Daniel Puzzling Change: The Effects of Poverty on Crime Across U.S. Cities.\u201d Chaired by John Hipp, March 2014, University of California, Irvine. 2013 Allen, Andrea, \u201cPolicing Alcohol and Related Crimes on Campus.\u201d Chaired by Geoffrey P. Alpert, June 2013, University of South Carolina. Barrett, Kimberly, \u201cAssessing the Relationship between Hotspotsof Lead and Hotspots of Crime.\u201d Chaired by Michael J. Lynch, May 2013, University of South Florida. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 43/119 Barnes-Ceeney, Kevin, \u201cNegotiating Labyrinths Of Risk: The Impact and Implementation of a Structured Violence Risk Assessment Instrument in Juvenile Parole\u201d Chaired by Jeff Mellow, May 2013 Graduate Center/ John Jay College of Criminal Justice. Blasko, Brandy L., \u201cThe Uncharted Influence of Prison Staff Decisionmaking.\u201d Chaired by Ralph B. Taylor, May 2013, Temple University. ** (This dissertation began under the guidance of John S. Goldkamp) Boehm, Steven, \u201cExploring the Process of Desistance in Two High Risk Probation Populations.\u201d Chaired by Joycelyn Pollock, Ph.D. December 2013. Texas State University. Braun, Michael, \u201cThe Ex-Civilian: Intrapersonal, Interpersonal and Structural Barriers to Recovery from Incarceration.\u201d Chaired by Elliott Currie, September 2013, University of California, Irvine. Bruell, Christopher, \u201cCoercion, Social Support, and Self-Efficacy: Exploring Their Relationships with Crime.\u201d Chaired by Ineke Marshall, May 2013, Northeastern University. Brushett, Rachel, \u201cTypologies of Female Offenders Latent Class Analysis Using the Women\u2019s Risk Needs Assessment.\u201d Chaired by Dr. Patricia Van Voorhis, Spring 2013, University of Cincinnati. Colanese, Jennifer, \u201cShackled \u2018Round the Campfire: Girl Scouts in Detention Centers\u201d. Chaired by Stephanie Kane and Marla Sandys, April 2013, Indiana University. Crittenden, Courtney A., \u201cGender and Programming Comparison of Program Availability and Participation in U.S. Prisons for Men and Women.\u201d Chaired by Barbara A. Koons-Witt, July 2013, University of South Carolina. Demyan, Ashley, \u201cWhat\u2019s Compassion Got To Do With It? An Empirical Analysis of Medical Release in California.\u201d Chaired by Valerie Jenness, March 2103, University of California, Irvine. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 44/119 Donner, Chris, \u201cExamining the Link between Self-control and Misconduct in a Multi-agency Sample of Police Supervisors Test of Two Theories.\u201d Chaired by Lorie Fridell, May 2013, University of South Florida. Flores, Anthony, \u201cExamining the Youth Level of Service/Case Management Inventory in the Context of Reliability, Validity, Equity, and Utility Six-Year Evaluation.\u201d Chaired by Dr. Edward Latessa, August 2013, University of Cincinnati. Floyd Cooke, LaNina, \u201cReligious Establishments, Public Housing, and Liquor Stores: Their Prediction of Juvenile System Behavior.\u201d Chaired by Hung-En Sung, May 2013 Graduate Center/ John Jay College of Criminal Justice. Fox, Andrew, \u201cExamining Gang Social Network Structure and Criminal Behavior,\u201d Chaired by Charles Katz, May 2013, Arizona State University. Gascon, Luis Daniel, \u201cPolicing Divisions: Race, Crime, and Community in South Los Angeles.\u201d Chaired by Susan Coutin, September 2013, University of California, Irvine. Goulette, Natalie, \u201cAre Female Defendants Treated More Leniently by Judges Multilevel Analysis of Sex-Based Disparities at the Phases of Pretrial Release, Charge Reductions, and Sentencing.\u201d Chaired by Dr. John Wooldredge, August 2013, University of Cincinnati. Grant, Erin Test of Self-Control in a Mexican-American Sample.\u201d Chaired by Beth Sanders, Ph.D. August 2013. Texas State University. Gross, Laura Adams, \u201cStruggling for Success: The Role of Social Support in Female Reentry Pathways.\u201d Chaired by Natasha A. Frost, May 2013, Northeastern University. Hill, Milton C., \u201cExamining the Influence of Religious Attendance and Religiosity on Adolescent and Adult Substance use Longitudinal Study Utilizing a National Sample,\u201d Chaired by Dr. Scott W. Menard, May 2013, Sam Houston State University. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 45/119 Hoke, Scott A., \u201cPlace Management in a Correctional Setting.\u201d Chaired by Jerry H. Ratcliffe, May 2013, Temple University. Relationship between Place, Social Structure, and Femicide in North Carolina.\u201d Chaired by Dwayne Smith, May 2013, University of South Florida. Larson, Matthew, \u201cRomantic Dissolution and Offending During Emerging Adulthood,\u201d Chaired by Gary Sweeten, May 2013, Arizona State University. Leechaianan, Yingyos, \u201cPublic Confidence in Legal Authorities: An Analysis of Individual-Level and Country-Level Variables in an International Perspective,\u201d Chaired by Dr. Dennis R. Longmire, May 2013, Sam Houston State University. Lei, Man-Kit, \u201cNeighborhood context and well-being: How much neighborhood really matter?\u201d Chaired by Ronald L. Simons, December 2013, University of Georgia. Leighton, Lauren, \u201cSnitch or Good Samaritan: An Analysis of the Factors Influencing Individuals Willingness to Share Information with Security Services.\u201d Chaired by Hung-En Sung, May 2013 Graduate Center/ John Jay College of Criminal Justice. Lovins Brusman, Lori, \u201cAn Empirical Examination of Variation in Effective Correctional Program Characteristics by Gender.\u201d Chaired by Dr. Edward Latessa, June 2013, University of Cincinnati. Lovins, Brian, \u201cPutting Wayward Kids Behind Bars: The Impact of Length of Stay in Custodial Setting on Recidivism.\u201d Chaired by Dr. Edward Latessa, June 2013, University of Cincinnati. Lytle, Daniel, \u201cDecision Making in Criminal Justice Revisited: Toward a General Theory of Criminal Justice.\u201d Chaired by Lawrence Travis, June 2013, University of Cincinnati. Matusiak, Matthew C., \u201cThe Dimensionality and Effect of Institutional Environment Upon Police Leaders,\u201d Chaired by Dr. William R. King, May 2013, 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 46/119 Sam Houston State University. McCafferty, James, \u201cThe Predictive Validity of the Ohio Youth Assessment System\u2014Disposition Instrument Revalidation Study\u201d December, 2013, University of Cincinnati. McGuffog, Ingrid D., \u201cDrug Use and Drug Control Policy: Evaluating the Impact of Precursor Chemical Control on Drug User Behavior.\u201d Co-Chaired by Assoc Professor Janet Ransley and Professor Lorraine Mazerolle, August 2013, Griffith University. McNeeley, Susan, \u201cStreet Codes, Routine Activities, Neighborhood Context, and Victimization: An Examination of Alternative Models\u201d, December, 2013, University of Cincinnati. Meisenholder, Tanya, \u201cDynamics of Drug Markets: An Examination of Arrestee Drug Acquisition Behavior.\u201d Chaired by Robert Worden, December 2013, University at Albany, SUNY. Miles-Johnson, Toby, \u201cPolicing Gender Diversity: Perceptions of Intergroup Difference between Police and Transgender People,\u201d Chaired by Professor Lorraine Mazerolle, April 2013, University Of Queensland. Neusteter, Suzanne, \u201cExploring Change in Local Criminal Justice Systems: An Examination of the Implementation of the Justice Reinvestment at the Local Level Model In Three U.S. Counties.\u201d Chaired by Jeff Mellow, September 2013 Graduate Center/ John Jay College of Criminal Justice. Newsome, Jamie, \u201cResilience and Vulnerability in Adolescents at Risk for Delinquency Behavioral Genetic Study of Differential Response to Risk.\u201d Chaired by Dr. John Wright, June, 2013, University of Cincinnati. Pfeffer, Rebecca, \u201cAutistic and At-risk Survey of the Public and Personal Safety of Children.\u201d Chaired by Nicole Rafter, January 2013, Northeastern University. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 47/119 Pinchevsky, Gillian, \u201cAssessing the impact of the court response to domestic violence in two neighboring counties.\u201d Chaired by Emily M. Wright and Jeff Rojek (co-chair), July 2013, University of South Carolina. Policastro, Christina, \u201cVictimization of the elderly: An application of lifestyles/routine activities theory\u201d, Chaired by Brain Payne, August 2013, Georgia State University. Posick, Chad, \u201cUntangling Offending and Victimization Comparative Study of the Victim-Offender Overlap.\u201d Chaired by Ineke Marshall, January 2013, Northeastern University. Purcell, Dale, \u201cUV-Visible Microscope Spectrophotometric Polarization and Dichroism with Increased Discrimination Power in Forensic Analysis.\u201d Chaired by Thomas Kubic, May 2013 Graduate Center/ John Jay College of Criminal Justice. Qui\u00f1ones, Michele, \u201cFactors That Influence Perceptions of Racial Profiling During Police/Motorist Interactions.\u201d Chaired by Brian L. Withrow, Ph.D. May 2013. Texas State University. Reid, Shannon, \u201cInstitutional Friendship: Exploring the Egocentric Networks of Incarcerated Youth.\u201d Chaired by Cheryl Maxson, June 2013, University of California, Irvine. Reitler, Anglea Mixed-Methodological Exploration of Potential Confounders in the Study of the Causal Effect of Detention Status on Sentence Severity in One Federal Court.\u201d Chaired by Dr. James Frank, August 2013, University of Cincinnati. Rembert, David A., \u201cThe Utility of the Positive Achievement Change Tool in Predicting Assault among State Committed Youths,\u201d Chaired by Dr. Dennis R. Longmire, May 2013, Sam Houston State University. Rivolta, Pierre M., \u201cPretrial Diversion for First-Time Offenders? An Evaluation of the \u2018Divert\u2019 Program,\u201d Chaired by Dr. Janet L. Mullings, May 2013, 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 48/119 Sam Houston State University. Rocque, Michael, \u201cUnderstanding the relationship between maturation and desistance from crime life-course developmental approach.\u201d Chaired by Ineke Marshall, January 2013, Northeastern University. Rodriguez, Frank Anthony, \u201cUnaccompanied Latino Youth on The United States \u2013 Mexico Border Qualitative Study,\u201d Chaired by Dr. Harry Adams, June 2013, Prairie View University. Rousseau, Danielle, \u201cGender and Social Control: Examining the Federal Justice Process for Women Offenders.\u201d Chaired by Amy Farrell, August 2012, Northeastern University. Rousell, Aaron, \u201cRe/Presenting the Community: Power, Race, and Division in South LA\u2019s Community Policing Program.\u201d Chaired by John Hipp, June 2013, University of California, Irvine. Ryals-Keller, Shawn P., \u201cEpistatic Effects of Serotonin Transporter (5-HTT) and Monoamine Oxidase (MAOA) on Antisocial Behavior,\u201d Chaired by Dr. Todd A. Armstrong, May 2013, Sam Houston State University. Schaefer, Lacey, \u201cEnvironmental Corrections: Making Offender Supervision Work.\u201d Chaired by Dr. Francis Cullen, August 2013, University of Cincinnati. Scott, Sarah, \u201cAn Examination of Frame of Reference and Self-Control in Alcohol and Drug Addicts.\u201d Chaired by Mark C. Stafford, Ph.D. August 2013. Texas State University. Sellers, Brian, \u201cZero Tolerance for Marginal Populations: Examining Neoliberal Social Controls in American Schools.\u201d Chaired by Michael J. Lynch and Wilson Palacios, July 2013, University of South Florida. Siddique, Nahid (Julie), \u201cSexual Victimization of Women and Girls in the U.S.: An Analysis of Risk and Trends.\u201d Chaired by Karen Terry, May 2013 Graduate Center/ John Jay College of Criminal Justice. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 49/119 Simms, Odessa, \u201cCircumstances of Abuse: Situational Characteristics of Female-Perpetrated Sexual Offenses.\u201d Chaired by Karen Terry, September 2012 Graduate Center/ John Jay College of Criminal Justice. Summers-Dolliver, Diana, \u201cOrganized Crime, Culture and Social Institutions in Europe: An Application of Institutional Anomie Theory.\u201d Chaired by Jack R. Greene, May 2013, Northeastern University. Taylor, Melanie Case Study of the Civil Rights of Institutionalized Persons Act: Reforming the Arizona Department of Corrections,\u201d Chaired by Scott Decker, Arizona State University. Torgersen, Lori, \u201cFactors Related to Recidivism Among Mentally Disordered Offenders: Differential Impact of Historical and Dynamic Clinical Indicators Across Risk Level.\u201d Chaired by Robert Worden, December 2013, University at Albany, SUNY. Twyman-Ghoshal, Anamika, \u201cUnderstanding Contemporary Maritime Piracy.\u201d Co-Chaired by Glenn Pierce and Nikos Passas, May 2013, Northeastern University. Valadez, Mercedes, \u201cWe have got enough criminals in the United States without importing any:\u201d An Examination of the Influence of Citizenship Status, Legal Status, and National Origin Among Latino Subgroups in Federal Sentencing Outcomes, Chaired by Cassia Spohn, Arizona State University. Weiss, Andrea J., \u201cAn Examination of the Effects of Military Service over the Life Course on Offending Behavior and Life Outcomes,\u201d Chaired by Dr. Scott W. Menard, May 2013, Sam Houston State University. Williams, Howard, \u201cPhysiological Attributes of Arrest-Related Sudden Deaths Proximate to the Application of Electronic Control Devices: An Evidence Based Study of the Theory of High-Risk Groups.\u201d Chaired by Joycelyn Pollock, Ph.D, December 2013, Texas State University. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 50/119 2012 Abramoske-James, Stephanie, \u201cThe Effects of Childhood Victimization on Adult Offending: An Extension of the \u201cCycle of Violence.\u201d Chaired by Lynne Vieraitis, Spring 2012, University of Texas \u2013 Dallas. Alexander, Thomas Stanley, \u201cHomicide Clearances: An Examination of Race and Police Investigative Effort.\u201d Chaired by Dr. Charles F. Wellford., Spring 2012, University of Maryland at College Park. Ali, Mohammad, \u201cAnalysis of the Labeling Discourse between the Jamaat ud Dawa and its Critics Seen Through the Pakistani Print Media.\u201d Chaired by Merry Morash, May 2012, Michigan State University. Barrow, Christine, \u201cUnderstanding the Role of Parochial Control in Disadvantaged Brooklyn Community\u201d. Chaired by: Dr. Bonita Veysey, May 2012, Rutgers University School of Criminal Justice. Barton, David, \u201cOccupational Stress and the Homosexual Police Officer.\u201d Chaired by Robert E. Worden, August 2012, University at Albany, SUNY. Bartula, Aaron, \u201cThe Independency of Trust: Measuring the Link Between Trust and Delinquency Independent of Attachment.\u201d Co-Chaired by Denise Boots and John Worrall, Spring 2012, University of Texas \u2013 Dallas. Bell, Valerie, \u201cGender-Responsive Risk Assessment Comparison of Women and Men.\u201d Chaired by Dr. Patricia Van Voorhis, June 2012, University of Cincinnati. Boileau, Michelle, \u201cThe Characterization of Black Inkjet Computer Printer Inks using Pyrolysis Gas Chromatography-Mass Spectrometry (Py-GC-MS), High Performance Liquid Chromatography (HPLC), Thin Layer Chromatography (TLC) and Attenuated Total Reflection Fourier Transform Infrared Spectroscopy FT-IR).\u201d Chaired by Thomas A. Kubic, February 2012 Graduate Center/ John Jay College of Criminal Justice. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 51/119 Bonner, Heidi Stone, \u201cHow Patrol Officers Make Decisions: Comparing a Structural Model to a Process Model.\u201d Chaired by Robert E. Worden, December 2012, University at Albany, SUNY. Breen, Clairissa D., \u201cTesting Criminological And Sociological Explanations for the Formation of Hate Groups.\u201d Chaired by Matthew Hiller, January 2012, Temple University. Camilien, Nixon, \u201cThe Reintegration of Former Soldiers of the Haitian Armed Forces\u201d, Chaired by John Hagedorn, August 2012, University of Illinois at Chicago. Carter, David Meta-analysis of Early Life Influences on Behavior.\u201d Chaired by Dr. John Wright, August 2012, University of Cincinnati. Cavanaugh, Michael R., \u201cThe \u2018Worst of Both Worlds\u2019: Increased Law Enforcement Presence, Reasonable Suspicion, and Searches of Students in Public Schools,\u201d Chaired by Dr. Michael S. Vaughn, December 2012, Sam Houston State University. Chan, Oliver, \u201cWhat Propels Sexual Homicide Offenders? Testing an Integrated Theory of Social Learning and Routine Activities Theories.\u201d Chaired by Kathleen Heide, Spring 2012, University of South Florida. Chi-Fang, Tsai, \u201cCivil Liability for Inefficacious Correctional Medical Care,\u201d Chaired by Dr. Michael S. Vaughn, December 2012, Sam Houston State University. Cihan, Abdullah, \u201cThe Effects of Community Characteristics on Police Response Time to Crime Multilevel Analysis.\u201d Chaired by Dr. Larry T. Hoover, August 2012, Sam Houston State University. Cooper, Jonathon A., \u201cExamining the Diffusion of Police Arrests across Urban Space: Territoriality, the Police Role, and Isomorphism.\u201d Chaired by Michael D. White, Summer 2012, Arizona State University. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 52/119 Crayton, Ana Lee, \u201cLong-term Incarceration and Public Safety: Predicting the Recidivism Risk of Long -term Prisoners.\u201d Chaired by Jeff Mellow, February 2012 Graduate Center/ John Jay College of Criminal Justice. Demirkol, Ismail, \u201cExamining the Antecedents of the Work Motivation in the Context of the Turkish National Police.\u201d Chaired by Mahesh Nalla, August 2012, Michigan State University. Escobar, Gipsy, \u201cSocial Disorganization and the Public Level of Crime Control Spatial Analysis of Ecological Predictors of Homicide Rates in Bogota, Colombia.\u201d Chaired by Joshua Freilich, August 2012 Graduate Center/ John Jay College of Criminal Justice. Getty, Ryan, \u201cDoes the Apple Fall Far from the Tree?: Police Field Training Officers, Their Trainees and Allegations of Misconduct.\u201d Chaired by John Worrall, Spring 2012, University of Texas \u2013 Dallas. Harrington, Michael, \u201cExamining the Construct of Prison Adjustment.\u201d Chaired by Robbin Ogle, May 2012, University of Nebraska at Omaha. Harris, Matasha, \u201cReentry: African American Men and Women\u2019s Experiences of Intimate Partner Violence.\u201d Chaired by Gail Garfield, August 2012 Graduate Center/ John Jay College of Criminal Justice. Helfers, Richard, \u201cThe Impact of Neighborhood Level Collective Efficacy on Household Violent Crime Victimization: Evidence from Two Southern Cities.\u201d Chaired by Tomislav Kovandzic, Spring 2012, University of Texas \u2013 Dallas. Herrmann, Christopher, \u201cRisky Business Micro-Level Spatiotemporal Analysis of Crime, Place, & Business Establishment Type.\u201d Chaired by Mangai Natarajan, May 2012 Graduate Center/ John Jay College of Criminal Justice. Hester, Rhys, \u201cCriminal Sentencing in the Court Communities of South Carolina: An Examination of Offender, Judge, and County Characteristics.\u201d Chaired by Eric Sevigny, Spring 2012, University of South Carolina. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 53/119 Higginson, Angela, \u201cFraud against the Commonwealth: An analysis of serious and complex economic fraud investigated by the Australian Federal Police.\u201d Advisory committee: Associate Professor Michele Haynes, Dr Rebecca Wickes, Professor Mark Western, Dr Michael McFadden, May 2012, The University of Queensland. Jo, Youngoh, \u201cThe Development of Self-Control: Source and Stability of Self- Control.\u201d Chaired by Dr. Todd A. Armstrong, August 2012, Sam Houston State University. Johnson, Joseph, \u201cFrom the Streets to Street Worker: Transitions and Transformations In and Out of Crime.\u201d Chaired by Mahesh Nalla, May 2012, Michigan State University. Johnson, Lallen, \u201cClassifying Drug Markets by Travel Patterns: Testing Reuter and MacCoun\u2019s Typology of Market Violence.\u201d Chaired by Jerry H. Ratcliffe, May 2012, Temple University. Kang, Wook, \u201cDeterminants of Officers\u2019 Attitudes Toward Community Policing in South Korea.\u201d Chaired by Mahesh Nalla, August 2012, Michigan State University. Kelly, Christopher E., \u201cPutting the Community Back Into Therapeutic Community: Examining the Role of the Treatment Group in Prison-Based Substance Abuse Treatment.\u201d Chaired by Wayne N. Welsh, January 2012, Temple University. Kodellas, Spyridon, \u201cVictimization, Fear of Crime, and Perception of Risk in the Workplace: Testing Rival Theories with a Sample of Greek and Greek-Cypriot journalists.\u201d Chaired by Dr. Bonnie Sue Fisher, December 2012, University of Cincinnati. Kwak, Dae-Hoon, \u201cPutting Neighborhood Contexts into the Mix Multi-level Analysis of Job Satisfaction among South Korean Police Officers.\u201d Chaired by Mahesh Nalla, May 2012, Michigan State University. Latif, Zainab, \u201cOffending in Karachi: examining the systemic model of social disorganization.\u201d Chaired by Amy Adamcyzk, February 2012 Graduate 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 54/119 Center/ John Jay College of Criminal Justice. Lee, Joongyeup, \u201cExamining Labeling Theory of Deviance: Integrative Modeling for Appropriate Validation.\u201d Chaired by Dr. Scott W. Menard, August 2012, Sam Houston State University. Liu, Yanhua, \u201cFelony Sentencing in Washington State, 2000-2004 Multilevel Study of Individual and Contextual Effects.\u201d Chaired by Lori Hughes, August 2012, University of Nebraska at Omaha. Mack, Julia, \u201cUnion Formation and Maturation of Juvenile Delinquents New Look at Development and Desistance in Early Adulthood.\u201d Co-Chaired by Susan Brown and Jorge Chavez, August 2012, Bowling Green State University. Marble, David, \u201cThe Impact of Discretionary Parole Release on Offender Recidivism.\u201d Chaired by James Marquart, Spring 2012, University of Texas \u2013 Dallas. Meade, Benjamin, \u201cExamining the Effects of Religiosity and Religious Environments on Inmate Misconduct.\u201d Chaired by Benjamin Steiner, May 2012, University of South Carolina. Miranda, Michelle, \u201cThe Chemical Analysis of Tattoo Ink.\u201d Chaired by Thomas A. Kubic, February 2012 Graduate Center/ John Jay College of Criminal Justice. Monk, Kadija, \u201cHow Central Business Districts Manage Crime and Disorder Case Study in the Processes of Place Management in Downtown Cincinnati.\u201d Chaired by Dr. John Eck, June 2012, University of Cincinnati. Parkin, William, \u201cDeveloping a Theory of Far-Right Ideological Victimization.\u201d Chaired by Joshua Freilich, August 2012 Graduate Center/ John Jay College of Criminal Justice. Pyrooz, David C., \u201cThe Non-Criminal Consequences of Gang Membership: Impacts on Education and Employment in the Life-Course.\u201d Chaired by Scott H. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 55/119 Decker, Spring 2012, Arizona State University. Rocheleau, Gregory, \u201cAdolescent Work Experience and Delinquency: Theoretical Mechanisms and Long-Term Outcomes.\u201d Chaired by Raymond Swisher, August 2012, Bowling Green State University. Rowe, Brenda, \u201cPolice-Prosecutor Interaction Styles in Texas, as Perceived by Police Chiefs,\u201d Chaired by Dr. Larry T. Hoover, August 2012, Sam Houston State University. Sargeant, Elise, \u201cPolicing and collective efficacy: The way police effectiveness, legitimacy and police strategies explain variations in collective efficacy.\u201d Advisory committee: Professor Lorraine Mazerolle, Dr Rebecca Wickes, Dr Adrian Cherney, November 2012, The University of Queensland. Shoenberger, Nicole, \u201cThe Effect of Marriage and Employment on Criminal Desistance: The Influence of Race.\u201d Co-Chaired by Stephen Cernkovich and Raymond Swisher, August 2012, Bowling Green State University. Schweighardt, Andrew, \u201cPathogen Detection Using the Luminex Multi-analyte System.\u201d Chaired by Margaret M. Wallace, February 2012 Graduate Center/ John Jay College of Criminal Justice. Semel, Matthew, \u201cMilitary Interrogations: Best Practices & Beliefs.\u201d Chaired by Joshua D. Freilich, February 2012 Graduate Center/ John Jay College of Criminal Justice. Shlosberg, Amy, \u201cPost-Exoneration Offending and Assessing the Reliability of Wrongful Convictions.\u201d Chaired by Evan Mandery, August 2012 Graduate Center/ John Jay College of Criminal Justice. Song, Juyoung, \u201cPathways to Underage Prostitution Among Female Youth in South Korea\u201d Chaired by Merry Morash, Spring 2012, Michigan State University. Sungi, Simeon P., \u201cPost Conflict Africa: The Role of Indigenous Justice Systems as Alternatives to International Criminal Trials.\u201d Chaired by Philip C. Parnell, August 2012, Indiana University \u2013 Bloomington. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 56/119 Swartz, Kristin, \u201cCode of the Hallway: Examining the Contextual Effects of School Subculture on Violence, Sexual Offending and Non-Violent Delinquency.\u201d Chaired by Dr. Pamela Wilcox, August 2012, University of Cincinnati. Tasgin, Serkan, \u201cAssessing an Age-Graded Theory of Informal Social Control: Qualitative Study of Exploring Pathways to Juvenile Incarceration in Turkey.\u201d Chaired by Merry Morash, May 2012, Michigan State University. Taylor, Caitlin J., \u201cFamily Support and the Successful Reentry of Formerly Incarcerated Individuals.\u201d Chaired by Kate Auerhahn, May 2012, Temple University. Timbs, Allison, \u201cThe Year of the Ox: Social Bonding Theory and Juvenile Delinquency in a 1973 Chinese Birth Cohort,\u201d Chaired by Ronald L. Akers, August 2012, University of Florida. Trager, Glen, \u201cAssessing Law\u2019s Role in the Political Debate Over Immigrants.\u201d Chaired by Susan Coutin, September 2012, University of California, Irvine. Tucker, Jane M., \u201cWhat Shapes Police Officer Willingness to use Stress Intervention Services? An Empirical Study of Current Factors in Pennsylvania.\u201d Chaired by Jennifer Wood, May 2012, Temple University. Twyman-Ghoshal, Anamika, \u201cUnderstanding Contemporary Maritime Piracy\u201d. Chaired by Nikos Passas and Glenn Pierce, November, 2012, Northeastern University. Valenzuela, Sylvia, \u201cCarino Matters: An Ethnography of Latina College Students.\u201d Chaired by Elliott Currie, December 2012, University of California, Irvine. Walsh, Kelly, \u201cCharacterization of Motor Oils and Other Lubricants by High Performance Liquid Chromatography, Three-Dimensional Excitation Emission Matrices and Two-Dimensional Low Temperature Fluorescence 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 57/119 Spectroscopy.\u201d Chaired by Thomas A. Kubic, February 2012 Graduate Center/ John Jay College of Criminal Justice. Warner, Tara, \u201cThe Effect of Context on Health and Well-Being in Adolescence and Young Adulthood Neighborhood-Centered Approach.\u201d Chaired by Raymond Swisher, August 2012, Bowling Green State University. Webster, Jennifer Meta-Analytic Review of the Correlates of Job Stress Among Police Officers.\u201d Chaired by Dr. Lawrence Travis, August 2012, University of Cincinnati. Weinger Kammrath, Brooke Study of the Molecular Chemistry of Glasses by Infrared Microspectroscopy and Its Use in Forensic Glass Discrimintation and Classification.\u201d Chaired by Thomas Kubic, May 2012 Graduate Center/ John Jay College of Criminal Justice. Welch, Rebecca, \u201cThe Relationship Between Social Disorganization, Social Capital and Homicide Cross-national Examination.\u201d Chaired by Joanne Savage, April 2012, American University. Wolfe, Scott E., \u201cCrime in Late Life.\u201d Chaired by Michael D. Reisig, Spring 2012, Arizona State University. Wozniak, Kevin, \u201cThe effect of exposure to political rhetoric on public opinion about criminal justice.\u201d Chaired by Joanne Savage, March 2012, American University. Wu, Ling, \u201cSpace-Time Interaction between Repeat/Near-Repeat Shootings and Police Firearm Arrests in Houston, Texas,\u201d Chaired by Dr. William Wells, August 2012, Sam Houston State University. Yevchak, Lecinda, \u201cTeen Dating Violence in a Life-Course Perspective: Linkages to Delinquency and Adult Criminal Behavior.\u201d Chaired by Raymond Swisher, August 2012, Bowling Green State University. Youstin, Tasha, \u201cExploring Gender Differences in Development and Lif-Course Criminology: An Examination of the Relationship Between Stigamatization and 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 58/119 Social Bonds in the Desistance Process.\u201d Chaired by Karen Terry, May 2012 Graduate Center/ John Jay College of Criminal Justice. 2011 Abdel-Salam, Sami, \u201cSelf-Control as a Predictor Of Retention, Recidivism, and Relapse Following Therapeutic Drug Community Treatment For Adolescents.\u201d Chaired by Matthew Hiller, 2011, Temple University. Adubato, Beth, \u201cFanning The Flames: Televised Professional Football Games and Domestic Violence.\u201d Chaired by Dr. Ronald Clarke, 2011, Rutgers University. Balusek, Kenneth W., \u201cAttitude Adjustment? An Outcome Evaluation of the Effects of the Texas Cognitive Intervention Program on Incarcerated Offenders.\u201d Chaired by Dr. Victoria Titterington, May 2011, Sam Houston State University. Bozeman, J. Michael., \u201cThe Language of Suicide Victims and Homicide Offenders in Houston, Texas, Examined through a Grounded Theory Analysis of their Statements Qualitative and Exploratory Study.\u201d Chaired by Dr. Randall L. Garner, December 2011, Sam Houston State University. Carter, Jeremy, \u201dPolice Innovation: Exploring the Adoption of Intelligence-Led Policing.\u201d Chaired by Edmund McGarrell, May 2011, Michigan State University. Caudy, Mike, \u201cAssessing Racial Differences in Offending Trajectories Life- course View of the Race-crime Relationship.\u201d Chaired by Mike Lynch and Mitchell, Fall 2011, University of South Florida. Chaple, Michael, \u201cPretrial Diversion & Record Sealing Promising Approach to Reduce Recidivism among Substance Abusing Offenders.\u201d Chaired by Dr. Bonita M. Veysey, 2011, Rutgers University. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 59/119 Edwards, Kerry L., \u201cMale Offenders\u2019 Work Experiences Pre-prison, In-prison, and upon Reentry: Interactions between Work and Crime.\u201d Chaired by Dr. Beverly H. Burris, 2011, University of New Mexico. Eldivan, Ibrahim, \u201cPathway from Tranquility to Violent Radicalization Case Study on 2003 Istanbul Bombings.\u201d Chaired by Dr. Leslie W. Kennedy, 2011, Rutgers University. Gehring, Krista, \u201cAre Needs Related to Pretrial Outcomes? An Examination of the Hamilton County Inventory of Need Pretrial Screening Tool.\u201d Chaired by Patricia Van Voorhis, December, 2011, University of Cincinnati. Gialopsos, Brooke, \u201cThe Effects of Individual Vulnerability and Lifestyle/Routine Activities on Fear of Crime and Perceptions of Risk in the School Setting.\u201d Chaired by Pamela Wilcox, December, 2011, University of Cincinnati. Grillo, Michele, \u201cPolice Organizational Change in a Post-September 11 Environment: Rhetoric of Reality.\u201d Chaired by Dr. Leslie W. Kennedy, 2011, Rutgers University. Henson, Billy, \u201cFear of Crime Online: Examining the Effects of Online Victimization and Perceived Risk On Fear of Cyber stalking Victimization.\u201d Chaired by Bonnie Fisher, September, 2011, University of Cincinnati. Houser, Kimberly, \u201cExamining The Association Between Co-Occurring Mental and Substance Use Disorders and Institutional Misconduct Among Female State Inmates.\u201d Chaired by Wayne N. Welsh, 2011, Temple University. Hsu, Henda, \u201cUnstoppable Closer Look at Terrorism Displacement.\u201d Chaired by Graeme Newman, May 2011, University at Albany. Jenkins, Michael, \u201cShifting Organizational Strategies of Police Departments Implementing Broken Windows Policing.\u201d Chaired by Dr. George Kelling, 2011, Rutgers University. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 60/119 Jeong, Seok-jin, \u201cLong-Term Effects of Restorative Justice Conferencing on Future Criminality: The Indianapolis Experiment.\u201d Chaired by Edmund McGarrell, May 2011, Michigan State University. Jhi, Kyung Yon., \u201cTexan Gangs in \u201cDa Hood\u201d: The Impact of Actual and Perceptual Neighborhood Contexts on Gang Membership,\u201d Chaired by Dr. Michael S. Vaughn, December 2011, Sam Houston State University. Khruakham, Seksan, \u201cAssessing the Effectiveness of the 2001 Drug Policy and Drug Enforcement in Thailand Time-Series Analysis of Police Data.\u201d Chaired by Dr. Larry T. Hoover, May 2011, Sam Houston State University. Kim, Hee Joo., \u201cExploring the Effects of a Restorative Justice Program: Internal Processes and Factors that Lead to Reintegrative Shaming\u2014Impacts on Drunk- Driving Offenders\u2019 Perceptions,\u201d Chaired by Dr. Jurg Gerber, December 2011, Sam Houston State University. Kim, Ryang, \u201cAdolescent Dating Experience and Delinquency.\u201d Chaired by Alan Lizotte, May 2011, University at Albany. Konopasek, James E., \u201cMicro-level social learning correlates of sex offender recidivism: Expeditious sexual history disclosure via polygraph testing.\u201d Chaired by Dr. Stephen Verrill, October 2011, Capella University. Kubena, Jiletta Leeanne, \u201cConvergence or Divergence: An Intergenerational Examination of Male and Female Offending.\u201d Chaired by Dr. Scott Menard, May 2011, Sam Houston State University. Lai, Yung-Lien (Edward), \u201cThe Determinants of Public Attitudes toward the Police across Racial/Ethnical Groups in Houston.\u201d Chaired by Dr Jihong S. Zhao, May 2011, Sam Houston State University. McArthur, Rachel, \u201cUnraveling the Source of Adolescent Substance Use Test of Rival Theories.\u201d Chaired by Francis Cullen, December, 2011, University of Cincinnati. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 61/119 Morris, Camie Cross-National Study on Public Confidence in Police.\u201d Chaired by Jack McDevitt, 2011, Northeastern University. Morris, William Travis, \u201cBreaking the Criminogenic Code Frame Analysis of Neo-Nazi and Violent Jihadi Propaganda.\u201d Chaired by Pete Simi, August 2011, University of Nebraska at Omaha. Moschgat, Robert, \u201cDarwin\u2019s Other Idea: Sexual Selection, Gender & Violence.\u201d Chaired by Graeme Newman, May 2011, University at Albany. Muhammad, Bahiyyah Miallah, \u201cExploring the Silence Among Children of Prisoners Descriptive Study.\u201d Chaired by Dr. Bonita Veysy, 2011, Rutgers University. Nicksa, Sarah Cope, \u201cCollege students\u2019 self-predicted reactions to witnessing sexual assault: the impact of gender, community, bystander experience, and relationship to the victim\u201d, Chaired by Ineke H. Marshall, May 2011, Northeastern University. Park, Suyeon, \u201cDomestic Violence and Help-Seeking Behavior among Vietnamese Wives in Korea.\u201d Chaired by Merry Morash, May 2011, Michigan State University. Pollock, Wendi Kaye, \u201cDisproportionate Police Contact: An Examination of the Correlates of Police Contact and of Perceptions of Fairness in Police Contact Situations across Time and Generations.\u201d Chaired by Dr. Scott Menard, May 2011, Sam Houston State University. Pruitt, William, \u201cToward a Modified Collective Action Theory of Genocide Qualitative Comparative Analysis.\u201d Chaired by Ineke Marshall, 2011, Northeastern University. Reeser, Ann Stacey, \u201cThe Tipping Point to Terrorism: Involvement in Right-Wing Terrorist Groups in the United States.\u201d Chaired by Pete Simi, May 2011, University of Nebraska at Omaha. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 62/119 Richards, Tara, \u201cExplaining the \u2018Female Victim Effect\u2019 in Capital Sentencing Decisions Case for Sex-Specific Models of Capital Sentencing Research.\u201d Chaired by Dwayne Smith and Christine Sellers, Fall 2011, University of South Florida. Rocheleau, Ann Marie Kelley, \u201cPrisoners\u2019 Coping Skills and Involvement in Serious Prison Misconduct and Violence.\u201d Chaired by Donna Bishop, 2011, Northeastern University. Santos, Saskia D., \u201cMisdemeanant Probationers\u2019 Perspectives on the Severity of the Conditions of Probation.\u201d Chaired by Jodi Lane, August 2011, University of Florida. Savage, Jenna Marie, \u201cGendered Pathways from Strain to Delinquency During Adolescence: An Integration of General Strain Theory and Differential Gender Socialization.\u201d Chaired by Donna Bishop, 2011, Northeastern University. Scherer, Heidi, \u201cDisability Status and Victimization Risk Among a national Sample of College Students Lifestyle-Routine Activities Approach.\u201d Chaired by Bonnie Fisher, September, 2011, University of Cincinnati. Schmidt, Nicole, \u201cThe Causes of Risky Sexual Behavior over the Adolescent- Young Adult Life Course and its Consequences for Partner Relationships in Adulthood.\u201d Chaired by Alan Lizotte, May 2011, University at Albany. Serio, Joseph D., \u201cLaw Enforcement Perceptions of the Russian Mafia in the United States and Canada,\u201d Chaired by Dr. Willard M. Oliver, December 2011, Sam Houston State University. Smith, Vivian C., \u201cSubstance-Abusing Women Offenders as Victims: Chronological Sequencing of Pathways into Criminal Behavior.\u201d Chaired by Dr. Bonita M. Veysey, 2011, Rutgers University. Snyder, Jamie, \u201cCollege Students with ADHD: Extending the Lifestyle/Routine Activities Framework to Predict Sexual Victimization and Stalking.\u201d Chaired by Bonnie Fisher, September, 2011, University of Cincinnati. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 63/119 Socia, Kelly, \u201cResidence Restriction Legislation, Sex Crime Rates, and the Spatial Distribution of Sex Offender Residencies.\u201d Chaired by Alan Lizotte, May 2011, University at Albany. Stewart, Megan, \u201cThe Effect of Victimization on Women\u2019s Health: Does the Victim-Offender Relationship Matter?\u201d Chaired by Bonnie Fisher, June, 2011, University of Cincinnati. Stoddard, Cody, \u201cUnderstanding Organization and Ecological Impacts on Police Use of Formal Authority: Testing and Ecological Theory of Police Response to Deviance.\u201d Chaired by James Frank, September, 2011, University of Cincinnati. Suzuki, Yumiko, \u201cAdvice to Rape Victims: The Influence of Beliefs About Rape and Opinions About Formal Support Providers.\u201d Chaired by Alissa Pollitz Worden, May 2011, University at Albany. Swindell, Samuel V.S., \u201cThe Instruction of Law in Criminal Justice: Purposes, Methods, Content, and Faculty,\u201d Chaired by Dr. Phillip M. Lyons, December 2011, Sam Houston State University. Tcherni, Maria, \u201cThe Value of Human Life: An Individual \u2013 Level Determinant of Violence.\u201d Chaired by Colin Loftin, May 2011, University at Albany. Thomas, Shenique S., \u201cNegotiating Family and Prison Behind the Wall: Incarcerated Men\u2019s Role Management Strategies.\u201d Chaired by Dr. Johnna Christian, 2011, Rutgers University. Tobin, Theresa, \u201cArmed Off-Duty Police: Benefit or Burden.\u201d Chaired by David Bayley, May 2011, University at Albany. Vincent, M. Bess, \u201cChicago Neighborhoods and Crime Test of Agnew\u2019s Macro-Level Strain Theory.\u201d Chaired by Carl L. Bankston, III, August 2011, Tulane University. Willingham, Tonya Comparative Study of the Offending Patterns of Male and Female Juvenile Sex Offenders.\u201d Chaired by Jon Sorenson, August 2011, Prairie View University. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 64/119 Xu, Jie, \u201cShootings and Crime Places: An Analysis of the Determinants and Distributions of Criminal Events.\u201d Chaired by Dr. Leslie W. Kennedy, 2011, Rutgers University. Zschoche, Ruth Multilevel Model of Police Corruption: Anomie, Decoupling and Moral Disengagement.\u201d Chaired by Lorie Fridell, Summer 2011, University of South Florida. 2010 Ansari, Samiullah, \u201cUnderstanding and Modeling the convergence of the and Time Series Analysis.\u201d Chaired by Ni He, 2010, Northeastern University. Artello, Kristine, \u201cAn Analysis of Wraparound Barker: Community Based Treatment for Juvenile Sex Offenders.\u201d Chaired by Elliott Currie, 2010, University of California, Irvine. Avdija, Avdi S., \u201cCrime-Reporting Behavior Test of a Theoretical Model that Accounts for the Explanation of People\u2019s Crime-Reporting Behavior.\u201d Chaired by Dennis M. Giever, May 2010, Indiana University of Pennsylvania. Barnes, J.C., \u201cAnalyzing the Biosocial Selection into Life-course Transitions.\u201d Chaired by Dr. Kevin M. Beaver, August 2010, Florida State University. Bergeron, Lindsey, \u201cFemale Criminality and Community Reentry: An Examination of General Strain Theory\u201d, Chaired by Thomas McDonald, May 2010, North Dakota State University. Bergseth, Kathleen, \u201cYouth Characteristics, Intervention, and Recidivism: The Case of Aftercare for Youth Returning From Placement\u201d, Chaired by Thomas McDonald, November 2010, North Dakota State University. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 65/119 Berkowitz, Shari, \u201cThe Good, the Bad, and Disney: Planting False Memories about Disneyland.\u201d Chaired by Elizabeth Loftus, 2010, University of California, Irvine. Bolden, Christian, \u201cEvolution of the Folk Devil Social Network Perspective of the Hybrid Gang Label.\u201d Chaired by Dr. Lin Huff-Corzine, August 2010, University of Central Florida. Boutwell, Brian, \u201cSchool-Level Moderators of Genetic Influences on Antisocial Behaviors.\u201d Chaired by Kevin Beaver, August 2010, Florida State University. Bucht, Rebecca, \u201cQualitative and Quantitative X-Ray Diffraction Analysis for Forensic Examination of Duct Tapes.\u201d Chaired by Thomas Kubic, August 2010 Graduate Center/John Jay College of Criminal Justice. Cale, Jesse, \u201cThe Antisocial Trajectories in Youth of Adult Sexual Aggressors of Women Developmental Framework for Examining Offending, Motivation, and Risk of Recidivism in Adulthood.\u201d Chaired by Patrick Lussier, July 2010, Simon Fraser University. Caspi, David, \u201cExtremist Networks and Lethality mapping of violent white supremacist group networks and investigation of relationship between network location and ideologically motivated murder.\u201d Chaired by Joshua Freilich, April 2010 Graduate Center/John Jay College of Criminal Justice. Cetinkaya, Nebi, \u201cPerceptions of Police Corruption Among Turkish Police Cadets.\u201d Chaired by Mahesh Nalla, May 2010, Michigan State University. Chenault, Scott, \u201cAn Ethnographic Examination of Correctional Officer Culture in a Midwestern State.\u201d Chaired by Pete Simi, 2010, University of Nebraska at Omaha. Covington, Michele W., \u201cCorrelates and Causes of Violence against Police Officers Criminal Events Analysis.\u201d Chaired by Dr. Jay Corzine, August 2010, University of Central Florida. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 66/119 Currul-Dykeman, Kathleen, \u201cUnderstanding the Effects of the Court Community on the Processing of Domestic Violence Cases.\u201d Chaired by Amy Farrell, 2010, Northeastern University. Day II, George James., \u201cFamily Time Behind Bars: The Effect of Visitation on Institutional Misconduct and Recidivism among Juvenile Offenders,\u201d Chaired by Dr. Hee Jong Joo, December 2010, Sam Houston State University. Decarlo, John Study Comparing the Eyewitness Accuracy of Police Officers and Citizens.\u201d Chaired by Jennifer Dysart, August 2010 Graduate Center/ John Jay College of Criminal Justice. Dioso-Villa, Rachel, \u201cWhere There\u2019s Smoke, There\u2019s Fire Comparative Analysis of Judicial Outcomes and the Legal Rhetoric of Expert Evidence.\u201d Chaired by Simon Cole, 2010, University of California, Irvine. Goodman, Phil, \u201cHero or Inmate, Prison or Camp, Rehabilitation or Labor Extraction Multi-Level Study of California\u2019s Prison Fire Camps.\u201d Chaired by Valerie Jenness, 2010, University of California, Irvine. Grommon, Eric, \u201cThe (In)Efficacy of Reentry Based Programs: Exploring the Differential Effects of Prisoner Reentry Dimensions on Outcome Indicators.\u201d Chaired by Timothy Bynum, May 2010, Michigan State University. Gustafson, Joseph, \u201cDiversity in Municipal Police Agencies National Examination of its Determinants and Effects.\u201d Chaired by Jack McDevitt, August 2010, Northeastern University. Ingram, Jason, \u201cThe Influence of Workgroups on Occupational Attitudes of the Police Multilevel Examination.\u201d Chaired by William Terrill, May 2010, Michigan State University. Johnson, Amanda D., \u201cPolice Organizational Failure: Toward Explaining Dysfunction and Failure through the Theoretical Framework of Coupling Utilizing Case Study Analysis.\u201d Chaired by Dr. Michael S. Vaughn, August 2010, Sam Houston State University. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 67/119 Kim, Dae-Young, \u201cThe Impact of Globalization and Technological Innovations on Crime and Punishment in the United States, 1945-2007.\u201d Chaired by Candice Batton, August 2010, University of Nebraska at Omaha. Kim, Richard, \u201cCyber-Surveillance Case Study in Policy and Development.\u201d Chaired by Warren Benton, January 2010 Graduate Center/ John Jay College of Criminal Justice. Kremling, Janine, \u201cAn analysis of drug use estimates contained in the and data: Implications for research and policy.\u201d Chaired by Tom Mieczkowskir, June 2010, University of South Florida. Kroll, Rainer, \u201cShiftwork Survey of Motivation in Police Officers.\u201d Chaired by Maria Haberfeld, June 2010 Graduate Center/ John Jay College of Criminal Justice. Lockwood, Brian, \u201cToo Far to Travel? An Investigation of the Effects of Distance to Community-based Treatment Programs for Juvenile Offenders.\u201d Chaired by George F. Rengert, May 2010, Temple University. Mastrocinque, Jeanna, \u201cVictim Input and Satisfaction: An Analysis of Victim Personal Statements.\u201d Chaired by James Acker, August 2010, University at Albany. McCarthy, Jennifer, \u201cThe Relationship between Possessing Child Pornography and Child Molestation.\u201d Chaired by Karen Terry, February 2010 Graduate Center/ John Jay College of Criminal Justice. McCord, Eric S., \u201cIsolating Opportunity from Demographics Case Study of Motor Vehicle Theft in Philadelphia.\u201d Chaired by Jerry H. Ratcliffe, May 2010, Temple University. Melzer, Sharon, \u201cCounterfeit and Contraband Cigarette Smuggling: Opportunities, Actors,and Guardianship.\u201d Committee Louise Shelley (chair), Brian Forst, & Laura Langbein, June 2010, American University. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 68/119 Moult, Kelley, \u201cGatekeepers or Rights Keepers? Domestic Violence, Court Clerks and the Administration of Justice in South Africa.\u201d Chaired by Brian Forst, June 2010, American University. Nguyen, Nhatthien Quang., \u201cAssessment of Impact Factors on Crimes through the Use of Real-Time Crime Analysis,\u201d Chaired by Dr. Larry T. Hoover, December 2010, Sam Houston State University. Nguyen, Tomson, \u201cSubprime Mortgage Fraud and the U.S. Economic Crisis Criminological Analysis.\u201d Chaired by Diego Vigil, 2010, University of California, Irvine. Peterson, Andrew, \u201cSkimming the Investment Pool: White-Collar Crime in the Mutual Fund Industry.\u201d Chaired by Henry Pontell, 2010, University of California, Irvine. Pfaff, Debora Jill, \u201cInvestigating the Determinants of Police Corruption in Three Caribbean Nations.\u201d Chaired by Richard R. Bennett, May 2010. American University. Reid, Joan pathway to child sex trafficking in prostitution: The impact of strain and risk-inflating responses.\u201d Chaired by Christine Sellers, Summer 2010, University of South Florida. Richter, Michelle Yvette., \u201cThe Effect of Neighborhood Characteristics upon Police Response to Persons with Mental Illness,\u201d Chaired by Dr. Larry T. Hoover, December 2010, Sam Houston State University. Rizzo, Brian, \u201cServing at the Pleasure of the Mayor: An Exploration of Political Involvement in New York Police Commissioner Departures 1901-2001.\u201d Chaired by Todd Clear, February 2010 Graduate Center/ John Jay College of Criminal Justice. Sacks, Meghan, \u201cDon\u2019t have a Right to Bail Study of Bail Decisions/Outcomes and the Potential Effects on Plea Bargaining and 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 69/119 Sentencing.\u201d Chaired by Candace McCoy, August 2010 Graduate Center/ John Jay College of Criminal Justice. Salvatore, Christopher, \u201cEmerging Adulthood and the Arrested Adolescent Offender.\u201d Chaired by Wayne N. Welsh, August 2010, Temple University. Sandler, Jeffrey, \u201cThe Static-99 and Additional Research-Based Risk Factors Statistical Theory to Improve Sex Offender Risk Assessment.\u201d Chaired by Alissa Pollitz Worden, December 2010, University at Albany. Schnobrich-Davis, Julie, \u201cRegionalization of Selected Police Services Through a Law Enforcement Council: Is it Worth the Cost?\u201d Chaired by Alissa Pollitz Worden, December 2010, University at Albany. Smith, Samantha, \u201cPerformativity and the Law in Post-Genocide Rwanda.\u201d Chaired by Justin Richland, 2010, University of California, Irvine. Taniguchi, Travis A., \u201cPolicing a Negotiated World: An Empirical Assessment of the Ecological Theory of Policing.\u201d Chaired by Jerry H. Ratcliffe, May 2010, Temple University. Truman, Jennifer L., \u201cExamining Intimate Partner Stalking and use of Technology in Stalking Victimization,\u201d Chaired by Dr. Jana Jasinski, May 2010, University of Central Florida. Vegh, Deborah, \u201cCollege Students and the Illicit Use of Prescription Drugs Test of General Strain Theory.\u201d Chaired by Carlos Cuevas, 2010, Northeastern University. Vollman, Brenda, \u201cIdentity and Behavior: Exploring an understanding of \u201cBeing\u201d and \u201cDoing\u201d for Catholic Priests in the United States Accused of the Sexual Abuse of Minors.\u201d Chaired by Jock Young, August 2010 Graduate Center/ John Jay College of Criminal Justice. Waldron, John, \u201cSocial and Legal Determinants on the Enforcement of Domestic Violence Laws by the Police Study of New Jersey Police Officers.\u201d Chaired by 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 70/119 Maria Haberfeld, May 2010 Graduate Center/ John Jay College of Criminal Justice. Wilder, Kideste, \u201cBuilding a Model for Policing Communities with Competing and Converging Interests.\u201d Chaired by Todd Clear, August 2010 Graduate Center/ John Jay College of Criminal Justice. Wyant, Brian R., \u201cMicro-level Spatio-temporal Relationships between Firearm Arrests and Shootings in Philadelphia: Implications for Understanding of Crime, Time, Place, and Policing.\u201d Chaired by Ralph B. Taylor, August 2010, Temple University. 2009 Belshaw, Scott, \u201cContributing Factors to Suicide Ideation: An Examination of Sexual Abuse and Other Risk Factors in Adolescent Females Under the Supervision of the Texas Juvenile Justice System.\u201d Chaired by Dr. G. Solomon Osho, August 2009, Prairie View University. Camargo, Esperanza, \u201cFamily Violence under a Multicultural Perspective in Colombia.\u201d Chaired by John Crank, 2009, University of Nebraska at Omaha. Carlson, Melanie, \u201cMan Up or Punk Out: Masculinities and Prison Rape.\u201d Chaired by Dr. Elizabeth Mustaine, August 2009, University of Central Florida. Ferzan, Ibrahim, \u201cThe Perceptions of Turkish Police Captains about the Use of Techniques of Neutralization by Turkish Offenders.\u201d Chaired by Miriam DeLone,2009, University of Nebraska at Omaha. Gaines, Jonathan S., \u201cLabeling Adult Sex Offenders and Sexually Violent Predators: The Impact of Registration and Community Notification.\u201d Chaired by Kathleen Auerhahn, May 2009, Temple University. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 71/119 Geistman Jr., James H., \u201cAttitudes of Criminal Justice and Other Majors Toward the Crime of Stalking.\u201d Chaired by Robbin Ogle, 2009, University of Nebraska at Omaha. Gruenewald, Jeffrey, \u201cIdeologically-Motivated Homicide in the U.S., 1990-2007 Comparison of Far-Right and Identity-Based Homicide.\u201d Chaired by Steven Chermak, August 2009, Michigan State University. Hendrix-Sloan, Geraldine M., \u201cInclusion, Exclusion, and Negotiation Study of Escort Workers and Boundary-Work.\u201d Chaired by Dr. Michelle Hughes Miller, May 2009, Southern Illinois University Carbondale. Irons-Guynn, Cheryl, \u201cImplications of Community Prosecution for Prosecutors and Community Case Study of the Community Prosecution Initiative in Red Hook, Kings County, New York.\u201d Chaired by John S. Goldkamp, May 2009, Temple University. Laurikkala, Minna, \u201cDifferent Time, Same Place, Same Store Social Diorganization Perspective to Examining Youth Homicides.\u201d Chaired by Dr. Jay Corzine, August 2009, University of Central Florida. Leifker, Denise, \u201cThe Sentencing Recommendation of the Probation Officer. What Does it Really Mean?: Findings from One Small County in California.\u201d Chaired by Lisa Sample,2009, University of Nebraska at Omaha. Libby, Nick, \u201cPredictors of Firearm Use and Effects of Weaponry on Victim Injury in Violent Crime Criminal Events Approach.\u201d Chaired by Dr. Jay Corzine, August 2009, University of Central Florida. Mancini, Christina, \u201cSex Crime in America: Examining the Emergence and Effectiveness of Sex Offender Laws.\u201d Chaired by Dr. Daniel P. Mears, June 2009, Florida State University. McConnell, Patrick, \u201cToward a Holistic Vectored Geography of Homicide,\u201d Chaired by Dr. George Rengert, January 2009, Temple University. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 72/119 Mese, Ibrahim, \u201cDoes Sex Make a Difference? The Study of Gender Differences in Crime in Turkey.\u201d Chaired by Miriam DeLone, 2009, University of Nebraska at Omaha. Moon, Junseob, \u201cThe Relationship Between Violent Crime and Individual Characteristics, Criminal History and Psychological Characteristics in the Sample of Korean Inmates,\u201d Co-chaired by Dr. Glen Kercher and Dr. Holly Miller, August 2009, Sam Houston State University. Olson, Christa Polczynski, \u201cThe Driving Force comparative Analysis of Gang- Motivated, Firearm-Related Homicides,\u201d Chaired by Dr. Lin Huff-Corzine, May 2009, University of Central Florida. Patten, Meredith, \u201cAmerican Sports Fans: What Makes Them Tick, and Sometimes Explode, and What Attributes of the Arena Contribute to Fan Incidents,\u201d Chaired by Joshua Freilich, November 2009 Graduate Center/John Jay College of Criminal Justice. Stewart, Daniel, \u201cHomeland Security Perceptions and Initiatives: An Examination of Texas Police Chiefs,\u201d Chaired by Dr. Willard M. Oliver, August 2009, Sam Houston State University. Taylor, Rae, \u201cPregnancy-Associated Intimate Partner Violence: An examination of multiple dimensions of intimate partner abuse victimization using three unique data sources,\u201d Dr. Jana L. Jasinski, May 2009, University of Central Florida. Welch, Kristen L., \u201cDo Angels Fall? An Analysis of Late Onset Offending and Substance Use in Adults Based on Findings from the National Youth Survey Family Study,\u201d Chaired by Dr. Scott Menard, December 2009, Sam Houston State University. Wu, Jawjeong, \u201cImmigration, Race/Ethnicity, and Differential Sentencing: An Examination of the Effects of Citizenship Status on Sentencing Outcomes in Federal Courts.\u201d Chaired by Miriam DeLone, 2009, University of Nebraska at Omaha. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 73/119 Zhao, Linda Shuo, \u201cUnderground Banks: The Perspectives of Chinese Illegal Immigrants in Understanding the Role of Informal Fund Transfer System in the United States.\u201d Chaired by John S. Goldkamp, September 2009, Temple University. 2008 Adiele, George C., \u201cExamining Sex Offenders\u2019 Perspectives on Registration and Community Notification Policies,\u201d Chaired by Dr. Daljit Singh, December 2008, Northcentral University. Bachmann, Michael, \u201cWhat Makes Them Click? Applying the Rational Choice Perspective to the Hacking Underground,\u201d Chaired by Dr. Jay Corzine, University of Central Florida, August 2008. Barua, Vidisha, \u201cDon\u2019t Tase Me, Bro! Police and Prison Officer Liabilities for Use of Tasers and Stun Guns,\u201d Chaired by Dr. Michael S. Vaughn, August 2008, Sam Houston State University. Bowman, Blythe, \u201cTransitional Crimes Against Culture: Looting at Archaeological Sites and the Grey Market in Antiquities.\u201d Chaired by Pete Simi, 2008, University of Nebraska at Omaha. Briley, Adam, \u201cResidency Restrictions in Nebraska: The Potential Consequences of 1199 for Registered Sex Offenders in Omaha and Its Surrounding Communities.\u201d Chaired by Lisa Sample, 2008, University of Nebraska at Omaha. Brisgone, Regina Elizabeth, \u201cVarieties of Behavior Across and Within Persons in Drug-Using Prostitutes Qualitative Longitudinal Study,\u201d Chaired by Mercer L. Sullivan, May 2008, Rutgers University. Brown, Katherine M., \u201cChild Abduction Murder: An Analysis of the Effect of Victim Age, Victim Race, Victim Gender, Victim-Offender Relationship, Forensic 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 74/119 Evidence, and Time and Distance Separation on Case Solvability,\u201d Chaired by Dr. Janet L. Mullings, August 2008, Sam Houston State University. Burgess-Proctor, Amanda, \u201cAn Intersectional Analysis of Domestic Violence: Understanding the Help-Seeking Behavior of Marginalized Battered Women.\u201d Chaired by Christina DeJong, May 2008, Michigan State University. Cheong, Jinseong, \u201cNeighborhood Disorder, Dilapidated Housing, and Crime: Multilevel Analysis within a Midsized Midwestern City Context.\u201d Chaired by Merry Morash, August 2008, Michigan State University. Cronin, George, \u201cStructural Determinants of Homicide in Rural Pennsylvania,\u201d Chaired by Jerry H. Ratcliffe, May 2008, Temple University. Demir, Irfan, \u201cAn Analysis of Shift Work in the Turkish Police in Light of Herzberg\u2019s Motivation Hygiene Theory,\u201d Chaired by Dr. Larry Hoover, May 2008, Sam Houston State University. Donley, Amy, \u201cThe Perception of Homeless People: Important Factors in Determining the Perception of the Homeless as Dangerous,\u201d Chaired by Dr. James Wright, August 2008, University of Central Florida. Ekici, Ahmet, \u201cThe Role of Law Enforcement Practices on Terrorist Recruitment Study of the Impact of Traditional and Community Policing Practices on the Recruitment Process of Terrorist Organization Members,\u201d Chaired by Dr. Richard H. Ward, August 2008, Sam Houston State University. Fontaine, Jocelyn, \u201cThe Promise of Homeownership: Does Tenure Choice Mediate the Relationship between Residential Segregation and Robberies in Large Cities?\u201d, Chaired by Dr. Brian Forst, American University, August 2008. Garcia, R. Marie, \u201cIndividual and Institutional Demographic and Organizational Climate Correlates of Perceived Danger Among Federal Correctional Officers,\u201d Chaired by Ralph B. Taylor, May 2008, Temple University. Giordano, Vincent A., \u201cMeasuring the Public\u2019s Attitude of Substance Abuse Treatment Oriented Solutions in the War on Drugs,\u201d Chaired by Dr. Joseph 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 75/119 Pascarella, June 2008, Capella University. Hill, Janice R., \u201cProsecuting Child Sexual Abuse Offenders Study of Victim, Family, Offender, Evidentiary, and Incident Characteristics,\u201d Chaired by Dr. Janet Lauritsen, May 2008, University of Missouri \u2013 St. Louis. Howell, Rebecca, \u201cSequencing and prediction of adolescent soft drug initiation: Systematic review, quantitative investigation, and dual cross-validation,\u201d Chaired by David L. Myers, Ph.D., December 2008, Indiana University of Pennsylvania. Isom, Daniel, \u201cEffects of Constituent Influence on Pursuit Policy Decisions Case Study on the St. Louis Police Department Policy,\u201d Chaired by Dr. David Klinger, May 2008, University of Missouri \u2013 St. Louis. Jang, Hyun Seok, \u201cEvaluation of Compstat Policing Strategy Using Broken Windows Enforcement in Two Texas Police Departments Time Series Analysis,\u201d Chaired Dr. Larry T. Hoover, August 2008, Sam Houston State University. Johnson, Matthew, \u201cAn Examination of Delinquency Abstention over the Life Course,\u201d Chaired by Dr. Scott Menard, August 2008, Sam Houston State University. Kim, Bitna, \u201cGeneral Power-Control Theory of Women: Using a Multigroup Sem Approach to Testing Mean Differences,\u201d Chaired by Dr Jurg Gerber, August 2008, Sam Houston State University. Koenigsberg, Monica\u201cMediated Images of Crime and Justice Grounded Theory Methodology Examination of One Strand of Discourse,\u201d Chaired by Dr. Victoria Titterington, December 2008, Sam Houston State University. Karakus, Onder Quantitative Analysis of the Growing Business of Organized Crime: Structural Predictors of Cross-National Distribution of Human Trafficking Markets and Trafficking of Women in Turkey.\u201d Chaired by Edmund McGarrell, August 2008, Michigan State University. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 76/119 Kuo, Shih-Ya, \u201cThe Behavior of Prosecutorial Decision-Making in Taiwan Preliminary Application of Black\u2019s Behavior of Law,\u201d Chaired by Dr. Dennis R. Longmire, August 2008, Sam Houston State University. Lee, Chang Bae Longitudinal Study of Offenders Sentenced to Probation for Felony Driving While Intoxicated: An Event History Analysis of Recidivism,\u201d Chaired by Dr. Raymond H.C. Teske, August 2008, Sam Houston State University. Lim, Hyeyoung, \u201cFinding Explanations on the Growth of Incarceration and the Reduction in Crime: Incapacity or Social Threat?\u201d Chaired by Dr. Victoria B. Titterington, August 2008, Sam Houston State University. McCarty, William, \u201cTrailers and trouble? An examination of crime, calls for service, and community ties in mobile home communities.\u201d Chaired by Lisa Sample, 2008, University of Nebraska at Omaha. M\u00e9ndez, M\u00f3nica M., \u201cExperiences, Attitudes and Beliefs about Interpersonal Violence Study on Costa Rican Adolescents\u201d, Chaired by Dr. Jana L. Jasinski, May 2008, University of Central Florida. Ozmen, Aziz, \u201cAn Analytical Study of the Impact of the Perception of Leadership Styles on Job Satisfaction within the Turkish National Police Based on the Multifactor Leadership Questionnaire,\u201d Chaired by Dr. Sam S. Souryal, August 2008, Sam Houston State University. Phelps, James, \u201cPolicing After the Golden Hour: Lessons in Democratizing Police from Post-Conflict Stability Operations in West Germany and Japan,\u201d Chaired by Dr. Will Oliver, December 2008, Sam Houston State University. Reckdenwald, Amy, \u201cExamining Trends in Male and Female Intimate Partner Homicide Over Time,\u201d Chaired by Karen F. Parker, August 2008, University of Florida. Sarver, Mary Beth, \u201cLeadership Styles of Texas Police Chiefs,\u201d Chaired by Dr. Holly Miller, May 2008, Sam Houston State University. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 77/119 Schaum, Robin Jeane, \u201cThe Marriage Certificate as a Shield? The Role of Marital Status on Violent Victimization,\u201d Chaired by Dr. Janet Lauritsen, May 2008, University of Missouri \u2013 St. Louis. Seredycz, Michael. \u201cEffectiveness of an Access To Recovery (ATR) Lake City offender reentry programs.\u201d Chaired by William Wakefield, 2008, University of Nebraska at Omaha. Sever, Murat, \u201cPrevalence of White Collar Crimes in Turkey: Public Perception of Crime Seriousness, Victimization Rate, Citizens\u2019 Reporting Behaviors and Victim Characteristics,\u201d Chaired by Dr. Mitchel P. Roth, August 2008, Sam Houston State University. Sevinc, Bilal, \u201cParticipation in Terrorist Organizations: An Analysis of Left Wing and Religiously Motivated Turkish Hezbollah Terrorist Organizations.\u201d Chaired by Edmund McGarrell, December 2008, Michigan State University. Shane, Jon M., \u201cOrganizational Stressors and Police Performance,\u201d Chaired by Dr. George L. Kelling, October 2008, Rutgers University. Tellis, Katharine, M. \u201cWhen the Bedroom is the Crime Scene: Contextualizing Intimate Partner Rape.\u201d Chaired by Pete Simi, 2008, University of Nebraska at Omaha. Vilcica, E. Rely, \u201cThe Public Safety Dimensions and Implications of Dismissal: The Unexamined Criminal Case Disposition,\u201d Chaired by Peter R. Jones, May 2008, Temple University. Wang, Ke, \u201cSecuries Fraud 1996-2001: Incentive Compensation Versus Corporate Governance,\u201d Chaired by John S. Goldkamp, May 2008, Temple University. Webb, Patrick, \u201cIncapacitating the Innocent: An Investigation of Legal and Extralegal Factors associated with the Preadjudicatory Detention of Juveniles,\u201d Chaired by Dr. G. Solomon Osho, August 2008, Prairie View University. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 78/119 Wood, Steven R., \u201cRegulatory Capture and the South African Judicial Inspectorate of Prisons,\u201d Chaired by Diana R. Gordon, J.D., April 2008, The Graduate Center, City University of New York. 2007 Boke, Kaan, \u201cPolice Culture in Turkey and Comparative Study of Police Culture.\u201d Chaired by Mahesh Nalla, August 2007, Michigan State University. Briggs, Steven J., \u201cPeople and Places: An Examination of Searches during Traffic Stops in Minneapolis.\u201d Chaired by Miriam DeLone, 2007, University of Nebraska at Omaha. Corsaro, Nicholas, \u201cThe Relationship between Lifestyle, Demographic, Situational, and Structural Features with Homicide in Indianapolis.\u201d Chaired by Edmund McGarrell, December 2007, Michigan State University. Croisdale, Timothy E., \u201cThe Persistent Offender Longitudinal Analysis,\u201d Chaired by Patricia L. Brantingham, May 2007, Simon Fraser University. DeVoe, Jill Fleury, \u201cThe Protective Behaviors of Student Victims: Responses to Direct and Indirect Bullying,\u201d Chaired by Denise Gottfredson, May 2007, University of Maryland, College Park. Eser, Tarik, \u201cThe Impact of the Turkish Policies and Actions Toward the Terrorist Organization Time Series Analysis,\u201d Chaired by Dr. Richard Ward, December 2007, Sam Houston State University. Fort, Jill M., \u201cWhy are more women being incarcerated? An examination of the decision making involved in sentencing.\u201d Co-chaired by Robbin Ogle and Lisa Sample, 2007, University of Nebraska at Omaha. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 79/119 Fowler, Shannon, \u201cPrison Rape-Supportive Cultural Beliefs and Inmate Perceptions of Sexual Assault Texas Inmate Sample,\u201d Chaired by Dr. Janet L. Mullings, December 2007, Sam Houston State University. Garland, Brett, \u201cJob Satisfaction and Organizational Commitment among Non- custody Prison Staff Comparative Analysis.\u201d Chaired by Jihong Zhao, 2007, University of Nebraska at Omaha. Godboldt, Suzanne M., \u201cExploring Community Effects on Domestic Violence through a Social Disorganization Perspective.\u201d Chaired by Amy Anderson, 2007, University of Nebraska at Omaha. Guerrero, Georgen Grounded Theory on Prison Sexual Assaults,\u201d Chaired by Dr. Janet L. Mullings, Co-Chaired by Dr. James Marquart, December 2007, Sam Houston State University. Hignite, Lance Ray, \u201cMeasuring the Impact of Neighborhood Incivilities and Other Variables Upon Fear of Crime and Perceived Likelihood of Victimization,\u201d Chaired by Dr. Dennis R. Longmire, May 2007, Sam Houston State University. Ikerd, Trent, \u201cExamining the Institutionalization of Problem-oriented Policing: The Charlotte-Mecklenburg Police Department as a Case Study.\u201d Chaired by Sam Walker, 2007, University of Nebraska at Omaha. Jobe, Amy Lynn, \u201cThe Douglas County Adult Drug Court: Using Recidivism Rates as an Indicator of Long-term Effectiveness.\u201d Chaired by William Wakefield, 2007, University of Nebraska at Omaha. Kim, MoonSun, \u201cReassessing the Effects of Police Manpower Changes on Crime Rates: Evidence from a Dynamic Panel Model, \u201d Chaired by Robert E. Worden, 2007, University at Albany, SUNY. Klenowski, Paul \u201cPK,\u201d \u201d \u2018Other People\u2019s Money\u2019: An Empirical Examination of the Motivational Differences Between Male and Female White Collar Offenders,\u201d Chaired by Dr. Kathleen Hanrahan, December 2007, Indiana University of Pennsylvania. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 80/119 Lanterman, Jennifer Leigh, \u201cArmed Aggravated Assaults on Officers in the Newark Police Department: An Exploritory Analysis,\u201d Chaired by George Kelling, May 2007, Rutgers University. Margaryan, Satenik Society in Transition: An Institutional Analysis of Penal Reform in Armenia\u201d Chaired by James O. Finckenauer, May 2007, Rutgers University. McGurrin, Danielle E., \u201cFabrication: Corporate and Governmental Crime in the Apparel Industry,\u201d Chaired by Michael J. Lynch, May 2007, University of South Florida. Michalsen, Venezia, \u201cGoing straight for her children? Women\u2019s desistance after incarceration,\u201d Chaired by Michael Jacobson, October 2007, The Graduate Center, CUNY. Morris, Robert Glenn, \u201cIdentity Thieves: An Exploration of Offenders, Tactics, and Media Constructions,\u201d Chaired by Dr. Dennis R. Longmire, March 2007, Sam Houston State University. Murff, Karon, \u201cDigital Crime Investigation Trends in State and Local Law Enforcement,\u201d Chaired by Dr. Larry T. Hoover, May 2007, Sam Houston State University. Nellis, Ashley, \u201cHow does the American public cope with terrorism-related information?\u201d Chaired by Joanne Savage, June 2007, American University. Neuilly, Melanie-Angela, \u201cDo Dead People Speak Languages Comparative Approach to the Social Construction of Violent Death in France and the United States.\u201d Chaired by Michael Maxfield, May 2007, Rutgers University. Onyige-Ebeniro, Chioma Daisy, \u201cGender and Crime Study of Unemployed female migrants engaged in Prostitution in Port Harcourt,\u201d Chaired by Dr. J.D. Atemie, February 2007, University of Port Harcouort, Rivers State, Nigeria. Pearlman, Terrylynn, \u201cAn Exploration of Citizen Opinion on Bias Crime,\u201d Chaired by Alissa Worden, January 2007 \u2013 University at Albany. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 81/119 P\u00e9rez, Deanna Maria, \u201cAn Outcome Evaluation of the Brunswick Correctional Center Sex Offender Residential Treatment (Sort) Program.\u201d Chaired by Charles F. Wellford, 2007, University of Maryland. Perrone, Dina M., \u201cCulture, Clubbing, Consumption, Capital and Control: Drug Use Among the Club Kids.\u201d Chaired by Mercer Sullivan, May 2007, Rutgers University. Poland, Amy L. \u201cGot Training? The Effect of Mental Health Training on the Attitudes and Behaviors of Direct Care Workers in a Residential Facility for Juvenile Offenders.\u201d Chaired by Miriam DeLone, 2007, University of Nebraska at Omaha. Sahapattana, Prapon, \u201cAn Analysis of Convenience Store Robbery: Social Disorganization and Routine Activity Approaches,\u201d Chaired by Dr. Victoria B. Titterington, May 2007, Sam Houston State University. Sarver III, Robert Allen, \u201cJury Representativeness,\u201d Chaired by Dr. Phillip B. Lyons, June 2007, Sam Houston State University. Seabrook, Renita L., \u201cThe Effects of the Georgia Cognitive Skils Experiment for Pre-Release Female Offenders.\u201d Chaired by Bonita Veysey, May 2007, Rutgers University. Sitren, Alicia H., \u201cTesting Deterrence Theory with Offenders: Assessing the Effects of Personal and Vicarious Experience with Punishment and Punishment Avoidance on Intentions to Reoffend,\u201d Chaired by Brandon K. Applegate, May 2007, University of Central Florida. Smith, Hayden P., \u201cSocial Pathogenic Sources of Poor Community Health,\u201d Chaired by Thomas T. H. Wan, May 2007, University of Central Florida. Van Aelstyn, Michael, \u201cCrisis Negotiations: An Evaluation of Perceived Characteristics that Facilitate the Release of Hostages,\u201d Chaired by Dr. Larry T. Hoover, December 2007, Sam Houston State University. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 82/119 Wagers, Michael, \u201cBroken Windows Policing: The Experience.\u201d Chaired by George Kelling, May 2007, Rutgers University. Webb, David William, \u201cThe Efficacy of the Use of Competency Based Frameworks to Improve Police Performance,\u201d Chaired by Dr. Richard H. Ward, March 2007, Sam Houston State University. Wodahl, Eric J., \u201cThe efficacy of graduated sanctions in reducing technical violations among probationers and parolees: An evaluation of the Wyoming Department of Corrections\u2019 Intensive Supervision Program.\u201d Chaired by Robbin Ogle, 2007, University of Nebraska at Omaha. Yun, Ilhong, \u201cVictims\u2019 Rights Movement and Victim Services Delivery in Texas Mixed Method Design Study,\u201d Chaired by Dr. Glen A. Kercher, June 2007, Sam Houston State University. Zhao, Ruohui, \u201cDeterminants of anomie cross-national study.\u201d Chaired by Jihong Zhao, 2007, University of Nebraska at Omaha. 2006 Baletka-Hayes, Dawn-Marie Zak, \u201cJuvenile Delinquency Prevention: Development of an Integrated Behavior Management Program.\u201d Chaired by Dr. Dennis R. Longmire, August 2006, Sam Houston State University. Banks, Clarence E., \u201cThe Effects of Early Substance Use Initiation on Measures of Social Control, Delinquency, and Future Substance Use.\u201d Chaired by Timothy Bynum, May 2006, Michigan State University. Beaver, Kevin M., \u201cThe Intersection of Genes, the Environment, and Crime and Delinquency Longitudinal Study of Offending.\u201d Chaired by John Paul Wright, December 2006, University of Cincinnati. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 83/119 Blackburn, Ashley Gail, \u201cThe Role Perception Plays in the Official Reporting of Sexual Assault: An Examination of Females Incarcerated in the State of Texas.\u201d Chaired by Dr. Janet L. Mullings, December 2006, Sam Houston State University. Bond, Brenda J., \u201cOrganizational Management of Offender Reentry: The Multidimensional Challenges of Change.\u201d Chaired by Jody Hoffer Gittell, August 2006, Brandeis University. Boots, Denise Paquette, \u201cThe Role of Mental Health Problems in Explaining Violent Behaviors In Children and Adolescents Over the Lifecourse: An Exploratory Study.\u201d Chaired by Kathleen M. Heide, March 2006, University of South Florida. Burgdorf, Laura, \u201cEmpathy and Genocide: American Attitudes Toward Human Rights Commitment.\u201d Chaired by Dr. Jana Price-Sharps, May 2006, Alliant International University. Can, Salih Hakan, \u201cExploring Law Enforcement Decision Making- Developing and Testing Models Through Incident Command Simulation Training for Law Enforcement.\u201d Chaired by Dr. Richard H. Ward, August 2006, Sam Houston State University. Cheeseman, Kelly Ann, \u201cCorrectional Officer Stress and Job Dissatisfaction New Examiniation of an Age Old Phenomenon.\u201d Chaired by William Wesley Johnson, May 2006, Sam Houston State University. Clark, Timothy W., \u201cOrdem e Progresso Structural Analysis of Brazilian Lynch Mob Violence.\u201d Chaired by Joachim Savelsberg, May 2006, University of Minnesota\u2014Twin Cities. Crawley, William, \u201cSubstance abuse and dependency disorders in the criminal justice system: An exploratory examination of the validity, efficacy and influences on self-report methodologies utilized via diagnostic screening instrumentation in criminal justice institutionalized populations.\u201d Chaired by William Wakefield, 2006, University of Nebraska at Omaha. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 84/119 Davis, Robin King, \u201cTransferring Juveniles to the Adult Court Statewide Study of Florida Prosecutors.\u201d Chaired by Brandon K. Applegate, May 2006, University of Central Florida. Dote, Lillian P., \u201cCitizen Willingness to Serve: Explaining Attitudes Toward Jury Service in Philadelphia.\u201d Chaired by Ralph B. Taylor, May 2006, Temple University. Dulin, Adam, \u201cDevelopment as Counterterrorism: An Examination of the Colombian Conflict.\u201d Chaired by Dr. Richard H. Ward, December 2006, Sam Houston State University. Dur\u00e1n, Robert, \u201cFatalistic Social Control: The Reproduction of Oppression through the Medium of Gangs.\u201d Chaired by Patti Adler, April 2006, University of Colorado. Frantzen, Durant, \u201cAn Analysis of Factors Affecting Suspect Interrogations in a Sample of Texas Police Agencies.\u201d Chaired by Dr. Larry T. Hoover, December 2006, Sam Houston State University. Furst, Gennifer, \u201cAn Investigation and Theoretical Implications of Prison-based Animal Programs: Incarcerated People and Animals Released from Their Cages.\u201d Chaired by Larry Sullivan, February 2006, John Jay College. Green, David A., \u201cThe Politics of Tragedy: Child-on-Child Homicide and Political Culture.\u201d Chaired by Michael Tonry, May 2006, Institute of Criminology, University of Cambridge. Harris, Christopher, \u201cPolice Misconduct Careers: Lessons from a Longitudinal Perspective.\u201d Chaired by Robert E. Worden, 2006, University at Albany, SUNY. Hart, Timothy C., \u201cRespondent Fatigue in Self-Report Victim Surveys: Examining a Source of Nonsampling Error from Three Perspectives.\u201d Chaired by Thomas Mieczkowski, April 2006, University of South Florida. Hassett-Walker, Constance Regina, \u201cDeliquency and the Black Middle Class.\u201d Chaired by Edem Avakame, December 2006, Rutgers University. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 85/119 Henderson II, Howard McKennedy, \u201cThe Predictive Utility of Wisconsin Risk Needs Assessment in a Sample of Texas Probationers.\u201d Chaired by Dr. Holly A. Miller, August 2006, Sam Houston State University. Heraux, Cedrick, \u201cNeighborhood Context on Police Use of Force.\u201d Chaired by Christopher Maxwell, August 2006, Michigan State University. Hignite, Lance Ray, \u201cMeasuring the Impact of Neighborhood Incivilities and Other Variables Upon Fear of Crime and Perceived Likelihood of Victimization.\u201d Chaired by Dr. Dennis R. Longmire, December 2006, Sam Houston State University. Hwang, Eui Gab Multilevel Test of Fear of Crime: The Effect of Social Conditions, Perceived Community Policing Activities, and Perceived Risks in a Megalopolis.\u201d Chaired by Edmund McGarrell, April 2006, Michigan State University. Iles, Gayle, \u201cAmerica\u2019s forgotten paradise: An assessment of sentencing decisions and outcomes in the United States Virgin Islands.\u201d Chaired by Cassia Spohn, 2006, University of Nebraska at Omaha. Jenks, Catherine A., \u201cAmerican Exceptionalism: Public Opinion on Liberty as a Core American Value.\u201d Chaired by Dr. Marc Gertz, August 2006, Florida State University. Kuhn, Lara Helena Critical Assessment of the Social Control Perspective Recovering Its Foundations and Revitalizing Its Future.\u201d Chaired by Clayton Hartjen, December 2006, Rutgers University. Kurtz, Don L., \u201cControlled Burn: The Gendering of Stress, Burnout, and Violence in Modern Policing.\u201d Chaired by L. Susan Williams, August 2006, Kansas State University. Lawton, Brian A., \u201cLevels of Nonlethal Force Reported by Philadelphia Police Officers: Officer, Citizen, and Contextual Influences.\u201d Chaired by Ralph B. Taylor, May 2006, Temple University. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 86/119 LeBel, Thomas P., \u201cInvisible Stripes? Formerly Incarcerated Persons\u2019 Perceptions of and Responses to Stigma.\u201d Co-Chaired by Hans Toch and Shadd Maruna, May 2006, University at Albany, State University of New York. Lerdtomornsakul,Unisa Study of Juvenile Drug Offenders in the Central Observation and Protection Center, Bangkok, Thailand.\u201d Chaired by Dr. Steven J. Cuvelier, May 2006, Sam Houston State University. Lewis, John A., \u201cDo juvenile drunk driving laws really work? An interrupted time- series analysis of Pennsylvania\u2019s zero-tolerance juvenile alcohol law.\u201d Chaired by Randy Martin, May 2006, Indiana University of Pennsylvania. Lilley, David, \u201cAssessing Jurisdiction-Level Crime Trends During the 1990s: An Analysis of the Impact of Policing Changes.\u201d Chaired by David Carter, February 2006, Michigan State University. Link, Tanya C., \u201cDoes a difference make a difference cross-national comparison of adolescent substance use in Germany and the United States.\u201d Chaired by Dean Rojek, August 2006, University of Georgia. London, Jeffrey M., \u201cThe Criminalization and Medicalization of Marijuana Study of Changing Deviance Designations.\u201d Chaired by Robert Regoli, May 2006, University of Colorado at Boulder. Lyons, Horace B., \u201cThe Effects of Bullying on Criminal Proclivities Subsequent Behavior Content Analysis and Theoretical Explication.\u201d Chaired by Dr. Dennis R. Longmire, December 2006, Sam Houston State University. Mabrey, Daniel, \u201cTactical Terrorism Analysis Comparative Study of Statistical and Machine Learning Techniques to Predict Culpability for Terrorist Bombings in Two Regional Low-Intensity Conflicts.\u201d Chaired by Dr. Richard H. Ward, December 2006, Sam Houston State University. Maggard, Scott R., \u201cStructural Correlates of Race-Specific Drug Sales Arrests Over Time: Arrest Trajectories From 1980-2001.\u201d Chaired By Karen F. Parker, July 2006, University of Florida. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 87/119 Maier (Elliott), Elizabeth A., \u201cJuvenile justice by geography: Dispositions in mixed and specialized jurisdictions in Nebraska.\u201d Chaired by Cassia Spohn, 2006, University of Nebraska at Omaha. Martin, Christine, \u201cSentencing Decisions in Chicago Homicide Cases: Does Race Matter?\u201d Chaired by Richard Block, May 2006, Loyola University Chicago. McDonald, Danielle, \u201cEmpowering female inmates: An exploratory study of a prison therapeutic community and its impact on the coping skills of substance abusing women.\u201d Chaired by Rosemary Gido, May 2006, Indiana University of Pennsylvania. McGrain, Patrick N., \u201cAn Examination of Therapeutic Engagement in a Prison- Based Drug Treatment Therapeutic Community.\u201d Chaired by Wayne N. Welsh, January 2006, Temple University. Muftic, Lisa R., \u201cExamining the methodological utility of macro-micro theoretical integration utilizing Hierarchical Linear Statistical Modeling.\u201d Chaired by Leana A. Bouffard, Spring 2006, North Dakota State University. Murray, Joseph. \u201cParental imprisonment: Effects on children\u2019s antisocial behaviour and mental health through the life-course.\u201d Chaired by David P. Farrington, March 2006, Institute of Criminology, University of Cambridge, England. O\u2019Hara, Samantha, \u201cMaking a federal case out of it: Prosecutorial discretion and the United States sentencing guidelines in a multi-district study.\u201d Chaired by Cassia Spohn, 2006, University of Nebraska at Omaha. Palla, Seri, \u201cBreaking the Rules: Using Theories of Deprivation and Importation to Analyze Inmate Behavior.\u201d Chaired by Robert Johnson and Jim Lynch, May 2006, American University. Phillips, Nickie, \u201cProsecution of Bias Motivated Crimes in a New Jersey County, 2001-2004.\u201d Chaired by Delores Jones-Brown, February 2006, City University of New York. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 88/119 Pray, Scott Allen, \u201cPolice Officer Perceptions of the Effectiveness of Their Job Preparation.\u201d Chaired by Dr. Larry T. Hoover, April 2006, May 2006, Sam Houston State University. Ren, Ling, \u201cRethinking the crime drop in the United States during the 1990s: An examination of competing theoretical perspectives.\u201d Co-chaired by Ineke Marshall and Jihong Zhao, 2006, University of Nebraska at Omaha. Rice, Stephen K., \u201cGeneral Strain Amid Restoration: An Examination of Instrumental and Expressive Offenses.\u201d Chaired by Alex R. Piquero, August 2006, University of Florida. Rockell, Barbara, \u201cStreetwomen of Rochester, NY: Who They Are as Women, Offenders, and Survivors.\u201d Chaired by Hans Toch, May 2006, University of Albany. Scott, Ernest, \u201cFactors Influencing User Level Success in Police Information Sharing: An Examination of Florida\u2019s System.\u201d Chaired by K. Michael Reynolds, December 2006, University of Central Florida. Sevigny, Eric L., \u201cThe Tyranny of Quantity: How The Overemphasis on Drug Quantity in Federal Drug Sentencing Leads to Disparate and Anomalous Sentencing Outcomes.\u201d Chaired by Phyllis D. Coontz, August 2006, University of Pittsburgh. Sharp, Christopher, \u201cInterprofessional Collaboration Between Criminal Justice and Mental Health Practitioners Regarding Mentally Ill Offenders: Perceptions of Collaboration from Criminal Justice Practitioners.\u201d Chaired by Raymond Surette, August 2006, University of Central Florida. Shelley, Tara O\u2019Connor, \u201cEnvironmental Threat, Environmental Crime Salience, and Social Control.\u201d Chaired by Ted Chiricos, August 2006, Florida State University. Sobol, James J., \u201cSocial Ecology and the Vigor of Police Response: An Empirical Study of Contexts, Work Norms and Patrol Officer Behavior.\u201d Chaired 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 89/119 by Dr. Robert E. Worden, December 2006, University at Albany. Stone, Mischelle Situational Analysis of Bounty Hunter Conduct.\u201d Chaired by Vincent Hoffman, October 2005, Michigan State University. Taylor, Christopher J., \u201cSocial bonding vs. differential association: Examining the major correlates of drug use in a sample of eighth and tenth grade juveniles in the United States.\u201d Chaired by Alida V. Merlo, May 2006, Indiana University of Pennsylvania. Tiburcio, Nelson Jose, \u201cFive Years After: The Process of Long-Term Abstinence from Heroin Use Among Ex-Offenders.\u201d Chaired by Barry Spunt, March 2006, John Jay College of Criminal Justice, City University of New York. Van de Voorde, C\u00e9cile, \u201cFreedom Fighters, Freedom Haters, Martyrs, and Evildoers: The Social Construction of Suicide Terrorism.\u201d Chaired by Thomas M. Mieczkowski, April 2006, University of South Florida. Walsh, Stephanie A. Whitus, \u201cThe Relationship of Victims\u2019 Perceptions of Child Physical Abuse and Adult-Formed Attitudes Toward Physical Forms of Discipline and Perpetrators of Child Physical Abuse.\u201d Chaired by Dr. Raymond Teske, December 2006, Sam Houston State University. Werling, Robert Lewis, \u201cDisproportionate Minority Contact with the Police Service Utilization Analysis.\u201d Chaired by Dr. Phillip M. Lyons, August 2006, Sam Houston State University. White, Earl Anthony, \u201cThe Phenomenological Essences of The Arrested Males in Their Relationship With Their Parents.\u201d Chaired by Timothy Emerick, March 2006, Capella University. Wilson, Franklin Qualitative Examination of the Core Cop Film Genre: Thirty Years of Instrumental and Expressive Police Violence.\u201d Chaired by Dr. W. Wesley Johnson, August 2006, Sam Houston State University. Worley, Robert M., \u201cCorrectional Employee Deviance Within the Texas Department of Criminal Justice Quantitative Analysis.\u201d Chaired by Wesley 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 90/119 Johnson, April 2006, Sam Houston State University. Yeager, Matthew G., \u201cConstructing the Dangerous Offender Test of Quinney\u2019s Social Reality of Crime.\u201d Chaired by Robynne Neugebauer, June 2006, Carleton University, Ottawa, Ontario, Canada. Yun, Minwoo Study of Hostage Taking and Kidnapping in Terrorism: Prediction of the Fate of a Hostage.\u201d Chaired by Dr. Mitchel P. Roth, December 2006, Sam Houston State University. Zimmermann, Carol, \u201cFederal Incentives to Address Gun Violence Model of Success and Failure.\u201d Chaired by Edmund McGarrell, April 2006, Michigan State University. 2005 Abril, Julie Christine. \u201cThe Relevance of Culture, Ethnic Identity, and Collective Efficacy to Violent Victimization in One Native American Indian Tribal Community.\u201d Chaired by Paul Jesilow with Gilbert Geis and Diego Vijil, May 2005, University of California, Irvine. Adkinson, Cary Dale. \u201cPower and Responsibility: Media, Law Enforcement, and Criminal Justice Ideology in The Amazing Spider-Man.\u201d Chaired by Dennis Longmire, May 2005, Sam Houston State University. Altheimer, Irshad. \u201cAssesing the Relevance of Ethnic Heterogeneity as a Predictor of Crime and Social Control at the Cross-National Level.\u201d Chaired by Travis Pratt, 2005, Washington State University. Anarumo, Mark. \u201cSo What Are We Afraid Of? The Practitioner View of the Terrorist Threat in the United States.\u201d Chaired by Leslie Kennedy, May 2005, Rutgers University. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 91/119 Andresen, W. Carsten. \u201cState Police: Discretion and Traffic Enforcement.\u201d Chaired by George Kelling, May 2005, Rutgers University. Andrus, Tracy Macro Analysis of Poverty And African American Incarceration.\u201d Chaired by Richard Tachia, May 2005, Prairie View University. Antonopoulos, Georgios A., \u201cOn the Criminality of the \u2018Other\u2019: Ethnicity, Crime and Social Control in Greece.\u201d Chaired by Ben Bowling and Nicholas Ellison, December 2005, University of Durham, UK. Arter, Michael L., \u201cUndercover and Under Stress: The Impact of Undercover Assignments on Police Officers.\u201d Chaired by David L. Myers, May 2005, Indiana University of Pennsylvania. Ball, Jeremy. \u201cThe Effect of Offender Characteristics on Plea Bargaining:Testing an Integrated Theory.\u201d Chaired by Cassia Spohn, 2005, University of Nebraska at Omaha. Banks, Clarence E., \u201cThe Effects of Early Substance Use Initiation on Measures of Social Control, Delinquency, and Future Substance Use.\u201d Chaired by Timothy Bynum, December 2005, Michigan State University. Beauregard, Eric. \u201cProcessus de Predation des Agresseurs Sexuels Seriels: Une approche de Choix Rationnel.\u201d Chaired by Jean Proulx and Kim Rossmo, 2005, University of Montreal. Blais, Etienne. \u201cDissuasion et Securite Routiere: Une Evaluation de L\u2019Impact des Controles Penaux sur le Bilan Routier.\u201d Chaired by Marc Ouimet and Benoit Dupont, 2005, University of Montreal. Branch, Kathryn A., \u201cExploring the Role of Social Support in Heterosexual Women\u2019s Use and Receipt of Non-lethal Intimate Partner Violence.\u201d Chaired by Christine S. Sellers, December 2005, University of South Florida. Bridenball, Blaine. \u201cPublic Attitudes Toward the Police: The Primacy of Citizens\u2019 Perceptions of Their Neighborhoods.\u201d Chaired by Paul Jesilow, 2005, University 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 92/119 of California, Irvine. Brooker, Dale. \u201cExploring the Expectations and Attitudes of Recently Released Inmates from the Texas Prison System Focus on Familial Support in the Reentry Process.\u201d Chaired by W. Wesley Johnson, August 2005, Sam Houston State University. Browning, Kelly K., \u201cCounty-Level Predictors of Homicide and Suicide in the State of Florida.\u201d Chaired by M. Dwayne Smith, May 2005, University of South Florida. Butler, Frank. \u201cGod\u2019s Gonna Trouble the Waters: Social Ethics, Religious Organizations, and Crime Policy.\u201d Chaired by Alan Harland, 2005, Temple University. Cantin, TJulie. \u201cDes Technologies de Controle aux Partenariats Public-Prive: L\u2019implication de L\u2019enterprise Privee dans le Domaine Correctionnel au Canada.\u201d Chaired by Pierre Landreville, 2005, Universtiy of Montreal. Castle, Tammy L., \u201cThe Impact of Individual and Organizational Level Factors on Occupational Stress among Jail Correctional Officers.\u201d Chaired by Jamie S. Martin, May 2005, Indiana University of Pennsylvania. Chappell, Allison T., \u201cLearning in Action: Training the Community Policing Officer.\u201d Chaired by Marian Borg and Lonn Lanza-Kaduceposition, 2005, University of Florida. Cho, Yeok-Il. \u201cAcculturation Level and Law Enforcement Satisfaction and Strategies.\u201d Chaired by Robert Shearer, August 2005, Sam Houston State University. Choi, Kyu-Beom. \u201cThe Effects of Actual Punishment Levels on Perceptions of Punishment multi-Level Approach.\u201d Chaired by Gary Kleck, 2005, Florida State University. Chu, Rebekah. \u201cFamily Dysfunction and Co-occurring Depressive Symptons and Conduct Problems: Understanding Pathways of Risk Across Generations.\u201d 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 93/119 Chaired by Alan Lizotte, 2005, University at Albany. Crow, Matthew S., \u201cFlorida\u2019s Evolving Sentencing Policy: An Analysis of the Impact of Sentencing Guidelines Transformations.\u201d Chaired by Marc Gertz, April 2005, Florida State University. Daigle, Leah. \u201cGender, Risk Factors, and Juvenile Misconduct: Assessing the Generality-Specificity Debate.\u201d Chaired by Frank Cullen, February 2005, University of Cincinnati Davila, Mario. \u201cAfter the Flood: Fraud Among the Elderly After Natural Disasters.\u201d Chaired by James Marquart, August 2005, Sam Houston State University Davis-Frenzel, Erika. \u201cIssues in the measurement of sentencing outcomes: Implications for research on sex disparity in sentencing.\u201d Chaired by Cassia Spohn, 2005, University of Nebraska at Omaha. Della-Giustina, Jo-Ann. \u201cGender, Race, and Class As Predictors Of Femicide Rates Path Analysis.\u201d Chaired by Maureen O\u2019Connor, February 2005, City University of New York. Dietz, Erik. \u201cDefining \u2018Too Close for Comfort\u2019: Environmental Individual Determinants of Perceived Crowding Among a Sample of Federal Offenders.\u201d Chaired by Susan L. Miller, 2005, University of Deleware. Doherty, Elaine Eggleston. \u201cAssessing an Agegraded Theory of Informal Social Control: Are There Conditional Effects of Life Events in the Desistence Process?\u201d Chaired by John Laub, 2005, University of Maryland. Drylie, James. \u201cSuicide-By-Cop Case Study Analysis.\u201d Chaired by Maria Haberfeld, 2005, John Jay College of Criminal Justice. Dudish-Poulsen, Jason. \u201cOccupational Values and Attitudes of Adult Probation Officers in an Urban Setting.\u201d Chaired by Catherine Marienau, May 2005, Walden University. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 94/119 Ellwanger, Steve. \u201cModeling Young Driver Accidents: The Role of Strain, Self- Control, and Institutions and Processes in Young Driver Accidents and Driving Delinquency.\u201d Chaired by Nicholas P. Lovrich, 2005, Washington State University. Ezeonu, Ifeanyi Celestine. \u201cThe Social Construction of Black-on-Black Violence in Toronto?\u201d Chaired by Rosemary Gartner, September 2005, University of Toronto, Canada. Fournier, Michelle. \u201cHomosexualite, Armee et Police: Etat de la Question et Experiences Vecues par les Militaires Policiers et Policieres Gais Selon leur Propre Point de Vue\u201d Charied by Jean-Paul Brodeur and Marie-Marthe Cousineau, 2005, University of Montreal. Foxall, Mark. \u201cLatino Homicide Victimization: The Influence of Ethnic Residential Segregation.\u201d Chaired by Cassia Spohn, 2005, University of Nebraska at Omaha. Frenzel-Davis, Erika. \u201cIssues in the Measurement of Sentence Outcomes: Impications for Research on Sex Disparities in Sentencing.\u201d Chaired by Cassis Spohn, 2005, University of Nebraska at Omaha. Frost, Natasha. \u201cThe Problem of Punitiveness.\u201d Chaired by Todd Clear, 2005, John Jay College of Criminal Justice. Furst, Gennifer. \u201cPrison Based Animal Programs: An Examination and Investigation.\u201d Chaired by Larry Sullivan, 2005, John Jay College of Criminal Justice. Gailey, Jeannine A., \u201cHow People Attribute Responsibility to Individuals and Organizations Involved in Wrongdoing: An Empirical Assessment of an Integrated Model.\u201d Chaired by Matthew T. Lee, May 2005, The University of Akron. Gibson, Christopher Psychometric Investigation of a Self-Control Scale: The Reliability and Validity of Grasmick et al.\u2019s Scale for a Sample of Incarcerated Male Offenders.\u201d Chaired by Ineke Marshall, 2005, University of Nebraska at Omaha. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 95/119 Gilbertson, Troy A., \u201cRetail Point-of-Sale Guardianship and Youth Tobacco Purchases Double-Blind Experiment Using a Factorial Design.\u201d Chaired by Sherwood \u201cChris\u201d Zimmerman, May 2005, Indiana University of Pennsylvania. Glasner, Aviva Twersky. \u201cDeaf Criminal Offenders-Testing a Model of Deficient Socialization.\u201d Chaired by Ned Benton, April 2006, Graduate Center of the City University of New York. Godard, Jr., John Ellington \u201cEllis\u201d. \u201cThe Moral Order of Cyberspace: Social Structure and Conflict Management on the Internet.\u201d Chaired by Donald Black, with Thomas Guterbock and Sarah Corse, May 2005, University of Virginia. Goodney-Lea, Suzanne R., \u201cGuns, Explosives, and Puppy Dog Tails: The Social Function of Animal Cruelty.\u201d Chaired by Martin Weinberg, May 2005, University of Indiana-Bloomington. Gordon, Michael Scott. \u201cCorrectional Officer Control Ideology: Implications for Understanding a System.\u201d Chaired by Laura A-Wilson-Gentry, May 2005, University of Baltimore. Gray, Shani P., \u201cFaith-Based Organizations (FBOs) and Community Crime Control Initiatives.\u201d Chaired by Steven Chermak, June 2005, Indiana University- Bloomington. Greene, Dana. \u201cRepeat Performances: Why Good Reforms Go Bad and Testing The Next Wave, Restorative Justice.\u201d Chaired by Larry Sullivan, 2005, John Jay College of Criminal Justice. Guerette, Rob. \u201cMigrant Death and Border Safety Initiative: An Application of Situational Crime Prevention to Inform Policy and Practice.\u201d Chaired by Ronald V. Clarke, 2005, Rutgers University. Hale, William Christopher. \u201cTwenty-First Century Terrorism, Twenty-First Century Answers: The Why and How of Collection, Analysis, and Dissemination of Open Source Intelligence.\u201d Chaired by Richard H. Ward, August 2005, Sam Houston State University. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 96/119 Harrell, Erika. \u201cThe Application of Agnew\u2019s General Strain Theory to the Relationship between Adolescent Victimization and Delinquent Behavior.\u201d Chaired by Ronet Bachman, May 2005, University of Delaware. Hartley, Richard. \u201cDo You Get What You Pay For? Type of Counsel and It\u2019s Effects on Criminal Court Outcomes in a Large Midwestern Jurisidiction.\u201d Chaired by Cassia Spohn, 2005, University of Nebraska at Omaha. Hassell, Kimberly Cross-Precinct Analysis of Police Patrol Practices and the Negotiation of Order Among Patrol.\u201d Chaired by Jihong Zhao, 2005, University of Nebraska at Omaha. Hickman, Matthew. \u201cSelf-Reported and Official Police Problem Behavior: Identifying the Role of Context, Individual, and Data.\u201d Chaired by Ralph B. Taylor, May 2005, Temple University. Holt, Thomas. \u201cHacks, Cracks, and Crime: An Examination of the Subculture and Social Organization of Computer Hackers.\u201d Chaired by Jody Miller, 2005, University of Missouri-St.Louis. Howerton, Amanda. \u201cGender Differences in Coping: Implications for Crime and Depression.\u201d Chaired by Karen Van Gundy, May 2005, University of New Hampshire. Hurban, Holli. \u201cFear of Crime in the New York City Public Schools.\u201d Chaired by Dennis Kenney, 2005, John Jay College of Criminal Justice. Irlbeck, Dawn. \u201cPatterns of Questioning During Traffic Stops Study of Possible Racial/Ethnic Profiling.\u201d Chaired by Samuel Walker, 2005, University of Nebraska at Omaha. Jarrell, Melissa. \u201cAll the News That\u2019s Fit to Print: Media Reporting of Environmental Protection Agency Penalties Assessed Against the Petroleum Refining Industry, 1997-2003.\u201d Chaired by Michael J. Lynch, May 2005, University of South Florida. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 97/119 Jordan, Kareem L., \u201cViolent Youth in Adult Court Comprehensive Examination of Legislative Waiver and Decertification.\u201d Chaired by David L. Myers, May 2005, Indiana University of Pennsylvania. King, Anna K., \u201cSelf-understanding and attitudes towards offenders: Punitiveness as an element of identity management.\u201d Chaired by Shadd Maruna, July 2005, University of Cambridge. Kinney, James Bryan. \u201cCourt Sentencing Patterns.\u201d Chaired by Patricia L. Brantingham, 2005, Simon Fraser University. La Salle, Gerard. \u201cRolling the Dice in Atlantic City Study of Patrons as Victims of Crime on the Casino Floor.\u201d Chaired by Barry Spunt, 2005, John Jay College of Criminal Justice. Lavery, Cathryn. \u201dCommunity College Male Athletes and Non-Athletes: An Examination of Status Characteristics and Rape Supportive Attitudes.\u201d Chaired by Gwendolyn Gerber, 2005, John Jay College of Criminal Justice. Lawton, Brian. \u201cLevels of Nonlethal Force Reported by Philadelphia Police Officers: Officer, Citizen and Contextual Influences.\u201d Chaired by Ralph B. Taylor, 2005, Temple University. Lee, Jenifer A., \u201cJudging the Hate Crime Victim: Law School Student Perceptions and the Effects of Individual and Law School Factors.\u201d Chaired by Jennifer Gossett, 2005, Indiana University of Pennslyvania. Levy, Marissa P., \u201cPlace-based Crime Prevention: Using Opportunity Structures and Environmental Characteristics to Estimate Crime.\u201d Chaired by Leslie Kennedy, November 2005, Rutgers University \u2013 Newark, School of Criminal Justice. Librett, Mitch. \u201cThe Spoils of War: Divergent Lifeworlds and Identity Formation Among Undercover/Vice Cops in the \u2018Burbs.\u201d Chaired by David C. Brotherton, August 2005, City University of New York. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 98/119 Lim, Helen Ahn. \u201cRace, Bigotry, and Violence: Understanding the Impact of Hate Crime on Asian Americans.\u201d Chaired by Phil Parnell, 2005, Indiana University, Bloomington. Lanlois, Claudine. \u201cLes Measures de Rechange et le Systme Penal: Opinions des Acteurs Penaux, jeux et enjeux.\u201d Chaired by Guy Lemire and Pierre Moreau, 2005, University of Montreal. Maddan, Sean. \u201cSex Offenders as Outsiders Reexamination of the Labeling Perspective.\u201d Chaired by Ineke Haen Marshall, 2005, University of Nebraska at Omaha. McCabe, James. \u201cAn Examination of the Effect of Drug Enforcement on the\u2026.. of Serious Crime in Queens New York from 1995-2001.\u201d Chaired by Eli Silverman, 2005, John Jay College of Criminal Justice. McGrain, Patrick. \u201cAn Examination of Therapeutic Engagement in a Prison- Based Drug Treatment Therapeutic Community.\u201d Chaired by Wayne N. Welsh, 2005, Temple University. Mire, Scott M., \u201cCorrelates of Job Satisfaction Among Police Officers.\u201d Chaired by Holly Miller, August 2005, Sam Houston State University. Morgan, Donna. \u201cFemicide: Them Impact of Victim/Offender Relationship on Crime Characteristics.\u201d Chaired by Patricia Zapf, 2005, John Jay College of Criminal Justice. Murray, Rebecca. \u201dAn assessment of the Effects of Liquor-Serving Establishments on Crime Focusing on Blocks with Bars, Blocks behind Bars and Blocks around Bars.\u201d Chaired by Dennis Roncek, May 2005, University of Nebraska at Omaha. Neiswender, John. \u201cAn Outcome Evaluation of the Mental Health Court of King Country, Washington: An Affirmation of the Specialty Court System.\u201d Chaired by Faith Lutze, 2005, Washington State University. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 99/119 Nobiling, Tracy. \u201cThe Impact of Unemployment on Judges Sentencing Decisions Test of the Liberation Hypothesis.\u201d Chaired by Cassia Spohn, 2005, University of Nebraska at Omaha. Obinyan, Evaristus. \u201cDifferential Tolerance of Delinquent Behavior by Juveniles From Different Racial, Age, And Gender Groups.\u201d Chaired by Michael J. Lynch, 2005, University of South Florida. Orr, Douglas Allan. \u201cTo Bear Arms Neighborhood Analysis of Fear and Concealed Weapons Permit Holders.\u201d Chaired by Nicholas P. Lovrich, 2005, Washsington State University. Phillips, Nickie. \u201cProsecution of Bias Motivated Crimes in a New Jersey County, 2001-2004.\u201d Chaired by Delores Jones Brown, 2005, John Jay College of Criminal Justice. Pizarro, Jesenia M., \u201cAn Examination of Individual, Situational and Social Structural Predictors of Homicides: Are There Differences Among Homicide Subtypes?\u201d Chaired by George Kelling, May 2005, Rutgers University. Poulin, Mary E., \u201cImproving Outcomes for Girls in the Juvenile Justice System: The Need for Classification.\u201d Chaired by Philip Harris, January 2005, Temple University. Rader, Nicole Elizabeth. \u201cWomen Doing Fear: Applying the Doing Gender Framework to Fear of Crime for Women.\u201d Chaired by Michelle Hughes Miller, August 2005, Southern Illinois University Carbondale. Ricketts, Melissa. \u201cAn Empirical Assessment of Perceived Risk and Fear of School Violence Among K-12 Teachers.\u201d Chaired by Rosemary Gido, 2005, Indiana University of Pennslyvania. Rodriguez, Laurel. \u201cThe Federal Organizational Sentencing Guideline Case Study of Regulatory Decision Making.\u201d Chaired by Henry Pontell, 2005, University of California, Irvine. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 100/119 Roh, Sunghoon Spatial Distribution of Calls For Service in Texas Suburbs: Macro- and Micro-Level Approaches.\u201d Chaired by Larry T. Hoover, Sam Houston State University. Rojek, Jeffrey. \u201cOrganizing to Manage Risk: The Operations of a Police Tactical Unit.\u201d Chaired by David Klinger, 2005, University of Missouri-St.Louis. Salinas, Patti Ross. \u201cTexas Crime Victims Compensation: An Analysis of the Influence of Geographic Location, Race, Sex, and Employment.\u201d Chaired by Wesley Johnson, 2005, Sam Houston State University. Samuel, Laurie J., \u201cThe Impact of Police Intervention and the Code of the Street on Retaliation Homicide in Disadvantaged Communities in Washington, D.C.\u201d Chaired by Vernetta D. Young, December 2005, Howard University. San Miguel, Claudia Edith. \u201cAn Evaluation of Neighborhood Watch Programs in Texas.\u201d Chaired by Larry Hoover, 2005, Sam Houston State University. Santana, Shannon. \u201cDetermining the Influence of Self-Protective Behaviors on Violent Victimization Completion: Results from the National Crime Victimization Survey.\u201d Chaired by Bonnie Fisher and Frank Cullen, January 2005, University of Cincinnati. Schlager, Melinda D., \u201cAssessing the Reliability and Validity of the Level of Service Inventory Revised on a Community Corrections Sample in New Jersey.\u201d Chaired by George Kelling, May 2005, Rutgers University. Schnebly, Stephen. \u201cCommunity Variation in the Nature of Crime Reporting Behavior.\u201d Chaired by Eric Baumer, 2005, University of Missouri-St.Louis. Schneider, Jennifer E., \u201cThe Influence of the Abolition of Parole Attitudes of Incarcerated Sex Offenders Toward Rehabilitation and Treatment.\u201d Chaired by Edem Avakame, May 2005, Rutgers University. Schupp, Paul. \u201cLegitimation Crisis & Penal Severity: Constructing a Radical Theoretical Explanation of Legitimation Crisis & Mass Incarceration in the Post 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 101/119 World War United States.\u201d Chaired by Graeme Newman, 2005, University at Albany. Scott, Jason. \u201cPolice-Community Coproduction and Neighborhood Social Organization.\u201d Chaired by David Duffee, 2005, University at Albany. Scully, Kristen. \u201cThe Effects of Incarceration on Attitudes on Attitudes Toward the Criminal Justice System.\u201d Chaired by Ted Chiricos, 2005, Florida State University. Spanjol, Kimberly. \u201cSelf Reported Antecedents and Consequences of Female Heroin Use.\u201d Chaired by Larry Sullivan, 2005, John Jay College of Criminal Justice. Stenius, Vanja. \u201cImprisonment and Diminishing Marginal Returns.\u201d Chaired by Bonita Veysey, May 2005, Rutgers University. Stone, Mischelle Situational Analysis of Bounty Hunter Conduct.\u201d Chaired by Vincent Hoffman, 2005, Michigan State University. Sullivan, Chris. \u201cEmotional Health and Delinquency Longitudinal Assessment of Early Emotional and Behavioral Problems as Risk Factors for Delinquent Behavior.\u201d Chaired by Bonita Veysey, May 2005, Rutgers University. Tark, Jongyeon. \u201cCrime Victims\u2019 Self Protection.\u201d Chaired by Gary Kleck, 2005, Florida State University. Urban, Lynn. \u201cThe Deterrent Effect of Curfew Enforcement: Operation Nightwatch in St. Louis.\u201d Chaired by Scott Decker, 2005, University of Misssour- St.Louis. Verrill, Stephen W., \u201cSocial Structure and Social Learning in Delinquency Test of Akers\u2019 Social Structure-Social Learning Model.\u201d Chaired by Christine S. Sellers, December 2005, University of South Florida. Vollum, Scott Andrew. \u201cGiving Voice to the Dead: An Exploratory Analysis of Executed Offenders\u2019 Last Statements and Statements of their Co-Victims.\u201d 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 102/119 Chaired by Dennis Longmire, 2005, Sam Houston State University. Walker, Darin R., \u201cLegal Issues Examining the Second Amendment.\u201d Chaired by William Banks Taylor, 2005, University of Southern Mississippi. Walsh, Jeffrey. \u201cEcological Predictors of Local Motor Vehicle Theft and Changes Over Decade 1990-2001.\u201d Andrew Karmen, 2005, John Jay College of Criminal Justice. Wareham, Jennifer J., \u201cStrain, Personality Traits, and Deviance Among Adolescents: Moderating Factors.\u201d Co-Chaired by Richard Dembo and John K. Cochran, August 2005, University of South Florida. Williams, Andre\u2019 L., \u201cAfrican American Women Speak on Their Experiences as Objects of the Drug War.\u201d Chaired by Peter Meyer, February 2005, Walden University. Wilson, Steve. \u201cDetermining the Correlates of Police Victimization: An Analysis of Social Disorganization and Organizational Level Factors on Injurious Assaults.\u201d Chaired by Jihong Zhao, 2005, University of Nebraska at Omaha. Zhou, Ling. \u201cThe Effect of Cultural Factors on Preference of National Drug Policy: An International Perspective.\u201d Chaired by Robert Shearer, 2005, Sam Houston State University. 2004 Alexander, Arnold. \u201cExamining Race Effects in Juvenile Justice Processing Look at Juvenile Waiver in Pennsylvania.\u201d Chaired by Thomas Bernard, 2004, Penn State University. Andrews, Lisa Marie. \u201cThe Utility of Routine Activities Theory in Relation to Child Sexual Abuse.\u201d Chaired by Dr. Janet Mullings, 2004, Sam Houston State University. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 103/119 Apel, Robert. \u201cDisentangling Selection from Causation in the Empirical Association between Crime and Adolescent Work.\u201d Chaired by Raymond Paternoster, 2004, University of Maryland. Auffart, Shentell. \u201cThe Sentencing Disparity Between Crack and Powder Cocaine Under the Federal Sentencing Guidleines: The Impact and Ramifications on Equal Protection and Due Process.\u201d Chaired by Cassis Spohn, 2004, University of Nebraska at Omaha. Bain, Lesley. \u201cMoney Laudering: Hide and Seek an Exploration of International Cooperation Between Law Enforcement Agencies.\u201d Chaired by Raymond Corrado, 2004, Simon Fraser University. Bartels, Elizabeth. \u201cCrime During the British Mandate in Palestine: 1918-1948.\u201d Chaired by Larry Sullivan, 2004, John Jay College of Criminal Justice. Bazley, Thomas D., \u201cPredicting Police Use of Force Study of Patrol Officers in an Urban Police Department.\u201d Chaired by Thomas Mieczkowski and Kim Lersch, December 2004, University of South Florida. Blair, John Peterson. \u201cThe Roles of nterrogation, Perception, and Personality in Producing False Confessions.\u201d Chaired by Frank Horvath, 2004, Michigan State University. Blevins, Kristie. \u201cThe Correctional Orientation of \u2018Child Savers\u2019: The Level, Sources, and Impact of Support for Rehabilitation Among Juvenile Corrections Workers.\u201d Chaired by Frank Cullen, June 2004, University of Cincinnati. Bonham Jr., Luther Eugene Gene. \u201cSanctions Toward Effective Probation (STEP): An Empirical Examination of a Zero-Tolerance Graduated Sanctions Probation Program.\u201d Chaired by Wesley Johnson, 2004, Sam Houston State University. Bonnycastle, Kevin. \u201cSexd Offenders in Context: Creating Choices in the Age of Risk.\u201d Chaired by D. Chunn, 2004, Simon Fraser University. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 104/119 Bostaph, Lisa. \u201cRace and Repeats: Does the Repetitive Nature of Police Motor Vehicle Stops Impact Racially-Biased Policing?\u201d Chaired by Robin Engel, August 2004, University Of Cincinnati. Brassard, Renne. \u201cL\u2019experience et le Effets de L\u2019enfermement Carceral des Femmes Autochtones au Quebec.\u201d Chaired by Mylene Jaccoud, 2004, Universtiy of Montreal. Buckler, Kevin. \u201cAn Examination of Print Media in the Reporting of Homicide.\u201d Chaired by Lawrence Travis, September 2004, University of Cincinnati. Catalano, Shannan M., \u201cAn Examination of the Convergence Between Victim Reporting and Police Recording of Serious Violent Crimes, 1973 \u2013 2002.\u201d Chaired by Janet L. Lauritsen, August 2004, University of Missouri-St. Louis. Cerulli, Catherine. \u201cDoes Intimacy Provide Leniency From the Law Study of Ohio Criminal Homocide Cases Involving Different Victim-Offender Relationship.\u201d Chaired by James Acker, 2004, University at Albany. Cheng, Hongming Comparison of Illegal Insider Trading in Canada and Post- Communist China: Globalized Market Economy and the Role of Law.\u201d Chaired by Joan Brockman, 2004, Simon Fraser University. Chiou, Jiunn-Cherng Study of Job Satisfaction/Dissatisfaction in Taiwan\u2019s Police.\u201d Chaired by Larry T. Hoover, December 2004, Sam Houston State University. Choo, Kyungseok. \u201cGangs, Groups, and Korean American Youth Comparative Study of Group Delinquency Between Youth Gangs and Delinquent Groups.\u201d Chaired by Ko-Lin Chin, 2004, Rutgers University. Christian, Johnna. \u201cExploring the Effects of Incarceration on Communities.\u201d Chaired by David Duffee, 2004, University at Albany. Colaprete, Frank A., \u201cDevelopment of a Criminal Investigator Mentoring Program for Police Personnel of the Rochester Police Department.\u201d Chaired by Karen Bowser, March 2004, Nova Southeastern University. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 105/119 Coon, Julie Kiernan. \u201cThe Adoption of Crime Prevention Technologies in Public Schools.\u201d Chaired by Larry Travis, December 2004, University of Cincinnati. Coons, Jay Oliver. \u201cThe Response of Police Officers to a Peer\u2019s Ethical Dilemma: Traversing the Knife Edge of Comradery Versus Compliance.\u201d Chaired by Steven J. Cuvelier, 2004, Sam Houston State University. Costelloe, Michael. \u201cThe Contribution of Crime Salience and Economic Insecurity to Explanations of Punitive Attitudes Toward Crime, Welfare and Immigration.\u201d Chaired by Ted Chiricos, August 2004, Florida State University. Craig, Ronald. \u201cThe Crack Versus Cocaine Sentencing Disparity Social Historical Analysis of Race-BAsed Laws Within the United States.\u201d Chaired by Carles Corley, 2004, Michigan State University. Crow, Matthew. \u201cFlorida\u2019s Evolving Sentencing Policy; An Analysis of the Impact of Sentencing Guidelines Transformations.\u201d Chaired by Marc Gertz, 2004, Florida State University. Cunningham, William Scott. \u201cAssessing Participatory Evaluation Processes and Outcomes in Juvenile Treatment Facilities.\u201d Chaired by David Duffee, 2004, University at Albany. D\u2019Ovidio, Robert. \u201cCrime.com: Does Crime Have New Face?\u201d Chaired by George F. Rengert, 2004, Temple University. Daday, Jerry. \u201d Individual, Ecological, and Situational Factors Associated with Victimization and Offending in Violent Personal Crimes.\u201d Chaired by Lisa Broidy, May 2004, University of New Mexico. Della-Giustina, Jo-Ann. \u201cGender, Race and Class as Predictors of Femicide Rates Path Analysis.\u201d Chaired by Maureen O\u2019Connor, 2004, John Jay College of Criminal Justice. DeValve, Elizabeth Quinn. \u201cThrough Their Eyes: Toward An Undestanding of the Victimization Experience and the Formation of a Grounded Theory of Victimization.\u201d Chaired by Phillip Lyons, 2004, Sam Houston State University. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 106/119 DeValve, Michael John. \u201cPurpose, Power, Justice, and Marginalization: An Examination of Key Prerequisites for Diversity at the Texas Department of Criminal Justice.\u201d Chaired by Phillip Lyons, December 2004, Sam Houston State University. Diamond, Deanna L., \u201cCrime Victim Services in Southeast Texas: An Exploratory Study of the Law, the Dream, and the Reality.\u201d Chaired by W. Wesley Johnson, December 2004, Sam Houston State University. Dobbs, Rhonda. \u201cGender and Sentencing: An Examination of Florida\u2019s Determinate Sentencing Policies.\u201d Chaired by Ted Chiricos, 2004, Florida State University. Doll, Jason. \u201cAn Analysis of the Effects of Community Policing on Fear of Crime.\u201d Chaired by Siobhan O\u2019 Toole, August 2004, California School of Professional Psychology. Dunlap, Angela G., \u201cGive the World a Little Better Picture of the Way We Do It; Literary Illustrations of Jurisprudence in Missisippi.\u201d Chaired by Stephen Mallory, 2004, University of Southern Mississippi. Dupont, Ida. \u201cHelp Seeking Behaviors of Marginalized Battered Women: Theoretical and Policy Implications.\u201d Chaired by Barry Spunt, 2004, John Jay College of Criminal Justice. Elbert, Mike. \u201cAssessing the Correlates of Federal Post-Conviction Outcomes.\u201d Chaired by Cassia Spohn, 2005, University of Nebraska at Omaha. Fox, Danielle Polizzi. \u201cTesting the Generalizability of Sampson and Laub\u2019s Life- Course Theory: Examining the Relationship between Adult Social Bonds and Drug Use Among an African American Sample.\u201d Chaired by John Laub, 2004, University of Maryland. Frost, Natasha A., \u201cThe Problem of Punitiveness.\u201d Chaired by Todd R. Clear, 2004, John Jay College of Criminal Justice. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 107/119 Garase, Maria L., \u201cOn the Road to Deviance: Explaining Road Rage.\u201d Chaired by Alida V. Merlo, August 2004, Indiana University of Pennsylvania. Garland, Tammy Sue. \u201cSaving Our Youth Preliminary Assessment of the Adults Relating to Kids (ARK) Program.\u201d Chaired by Dennis Longmire, 2004, Sam Houston State University. Giblin, Matthew J., \u201cInstitutional Theory and the Recent Adoption and Activities of Crime Analysis Units in U.S. Law Enforcement Agencies.\u201d Chaired by Steven Chermak, 2004, Indiana University-Bloomington. Grant, Heath. \u201cFostering a Culture of Lawfullness: Examining the Relationship between Perceptions of Law Enforcement Legitimacy, Legal Reasoning and Behavior.\u201d Chaired by Dennis Kenney, 2004, John Jay College of Criminal Justice. Gray, Michael. \u201cVariations of Police Behavior of Neighborhood.\u201d Chaired by Christopher Maxwell, 2004, Michigan State University. Green, Egan Kyle. \u201cExplaining Animal Poaching Among Adolescent Males Using Social Learning Theory.\u201d Chaired by Dennis Giever, 2004, Indiana University of Pennslyvania. Hill, Christopher Michael. \u201cAn Analysis of Juvenile Justice Decision-Making and Its Effect on Disproportionate Minority Contact.\u201d Chaired by Kelly R. Damphousse, 2004, University of Oklahoma. Hinduja, Sameer. \u201cAn Empirical Test of the Applicability of General Criminological Theories to Internet Crime.\u201d Chaired by Mahesh Nalla, 2004, Michigan State University. Holtfreter, Kristy. \u201cResponses to Occupational Fraud Study in the Behavior of Law.\u201d Chaired by Merry Morash, January 2004, Michigan State University. Hougland, Steven. \u201cExploring the Perceptions of Florida Police Executives: Does Accreditation Work.\u201d Chaired by Stephen Holmes, July 2004, University of Central Florida. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 108/119 Jefferis, Eric Micro-Level Study of Residential Theft.\u201d Chaired by Larry Travis, August 2004, University of Cincinnati. Jenkins, Wiley Z., \u201cAdult Correctional Education: Historical Development Programming in the State of Mississippi and Contemporary Research Findings.\u201d Chaired by William Banks Taylor, 2004, University of Southern Mississippi. Jones, Nikki. \u201cGirls Fight: Negotiating Conflict and Violence in Distressed Inner- City Neighborhoods.\u201d Chaired by Elijah Anderson, 2004, University of Pennsylvania. Kakoti, George R., \u201cDeath Sentence Appellate Review and State Imposition of Death in Tanzania, 1980-2000.\u201d Chaired by Hal E. Pepinsky, 2004, Indiana University, Bloomington. Khondaker, Mahfuzul. \u201cDeviant Behavior among Youths of the Bangladeshi Community in New York City.\u201d Chaired by Kate Hanarahan, July 2004, Indiana University of Pennsylvania. Kinney, James Bryan. \u201cCourt Sentencing Patterns.\u201d Chaired by Patricia L. Brantingham, 2004, Simon Fraser University. Kissner, Jason. \u201cIf Reason is Sovereign: The Function of Reason in Hume and Consequences for the Classical/Positivist Divide, Rational Choice Theory, Low Self-Control Theory, and the Criminal Propensity Contruct.\u201d Chaired by Daniel Maier-Katkin, 2005, Florida State University. Kohm, Steven. \u201cI\u2019m Not a Judge But Play One on TV: American Reality-Based Courtroom Television.\u201d Chaired by John Lowman, 2004, Simon Fraser University. Koo, Dixie J., \u201cVictims of Violence: Male and Female Heroin Users.\u201d Chaired by Roger Dunham, August 2004, University of Miami. Kooi, Brandon. \u201cEnvironmental Criminology and Mapping Hot Spot Bus Stop Locations Social Ecological Approach for Conducting a Quasi-Experimental Design and Testing Defensible Space Concepts.\u201d Chaired by Mahesh Nalla, May 2004, Michigan State University. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 109/119 Kurlychek, Megan. \u201cThe Multilevel Context of School Disorder and Victimization, Examining the Influence of Student, School and Community Characteristics.\u201d Chaired by John Kramer, 2004, Penn State. Lanier, Chalres. \u201cThe Roles of Experts and Other Witnesses in Capital Penalty Hearings: The Views of Jurors Charged with Determining the Simple Sentence of Death.\u201d Chaired by James Acker, 2004, University at Albany. LaValle, James M., \u201cGuns and Homicide: Toward a Convergent Resolution of the Gun Policy Conundrum.\u201d Chaired by Austin Turk, June 2004, University of California at Riverside. Lee, Won-Jae. \u201cDynamic Effect of Employees\u2019 Participation in Decision-Making on Their Psychological Success.\u201d Chaired by Dr. Larry T. Hoover, December 2004, Sam Houston State University. Lemley, Ellen. \u201cRestorative Justice, Community Integration, and Perceived Fairness: An Exploratory Analysis.\u201d Chaired by David Nice, 2004, Washington State University. Lenhart, Carol. \u201cThe Prison Litigating Reform Act of 1995: Is It\u2019s Bark Worse Than It\u2019s Bite? Analyzing the Effectiveness and Clarity of a Symbolic Law.\u201d Chaired by Frank R. Scarpitti, 2004, University of Deleware. Librett, Mitchell. \u201cThe Spoils of War: Divergent Lifeworlds and Identity Formation Among Undercover/Vice Cops in the Burbs.\u201d Chaired by David Brotherton, 2004, John Jay College of Criminal Justice. Linn, Edith. \u201cWhat Works for Me? Arrest Decisions as Adaptive Behaviors.\u201d Chaired by Warren Benton, October 2004, John Jay College of Criminal Justice. Lowenkamp, Christopher. \u201cCorrectional Program Integrity and Treatment Effectiveness Multi-sit, Program-level Analysis.\u201d Chaired by Edward Latessa, March 2004, University of Cincinnati. Lussier, Patrick. \u201cEtude de la Generalite et de la Specificite de L\u2019activite Criminelle des Delinquents Sexuels et des Facteurs Developpementaux 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 110/119 Associes.\u201d Chaired by Jean Proulx and Marc Le Blanc, 2004, University of Montreal. Mares, Dennis. \u201cCivilization, Economic Change, and Trends in Interpersonal Violence.\u201d Chaired by Richard Rosenfeld, 2004, University of Missouri-St.Louis. Martin, Robert. \u201cCrime and the Dual Labor Market: The Relationship of Employment Quality and Adult Criminality.\u201d Chaired by Terence Thornberry, 2004, University at Albany. Mathias, Amanda. \u201cJuvenile Sexual Assault Victims and Their Decisions Not To Cooperate with the Prosecution Look at San Diego.\u201d Chaired by Samuel Walker, 2004, University of Nebraska at Omaha. Matthews, Betsy. \u201cEnhancing the Protective Capacity of Mentoring Relationships: Strengthening the Social Bond.\u201d Chaired by Edward Latessa, March 2004, University of Cincinnati. Matthews, Michael Timothy. \u201cCleaner Streets and Safer Neighborhoods: Testing the Broken Windows Thesis in Redlands, California.\u201d Chaired by Austin Turk, August 2004, University of California at Riverside. Mayzer, Roni. \u201cFirst Alcohol Use and the Developmet of Antisocial Behavior Problems from Preschool through Early Adolescence.\u201d Chaired by Christina DeJong, \u201cChaired by Christina DeJong, 2004, Michigan State University. McGloin, Jean. \u201cAssociations Among Criminal Gang Members as a Defining Factor of Organization and a Predictor of Criminal Behavior: The Gang Lanscape of Newark, NJ.\u201d Chaired by George Kelling, 2004, Rutgers University. McGowan, Hugh. \u201cContext, Containment and Conversation Model Study of the New York City Police Department.\u201d Chaired by Barry Spunt, 2004, John Jay College of Criminal Justice. Mele, Marie. \u201cRepeat Domestic Violence in the City of Newark, NJ: Prevalence and Policy Opportunities.\u201d Chaired by Michael Maxfield, January, 2004, Rutgers University. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 111/119 Meesig, Robert. \u201cAn Exploratory Study Regarding the Effects of Community Policing on Index Crime Clearance Rates in Local Agencies with Investigators.\u201d Chaired by Frank Horvath, 2004, Michigan State University. Monroe, Jeffrey D., \u201cBrady Gun Policy and Disaggregated Homicide Rates.\u201d Chaired by George F. Rengert, 2004, Temple University. Moon, Byong Ook. \u201cThe Influence of Organizational Socialization on Police Officers\u2019 Acceptance of Community Policing: The Example of Korean Police.\u201d Chaired by David Carter, 2004, Michigan State University. Morrell, Barbara. \u201cJuvenile Waiver: The Elusive Definition of Rehabilitation.\u201d Chaired by Candace McCoy, 2004, Rutgers University. Mullins, Christopher W., \u201cMasculinity, Street life and Violence Qualitative Secondary Analysis.\u201d Chaired by Jody A. Miller, May 2004, University of Missouri-Saint Louis. Oser, Carrie B., \u201dNaltrexone in Private Substance Abuse Treatment Centers: Predictors of Adoption and Categorical Typology of Adopters.\u201d Chaired by Paul M. Roman, August 2004, The University of Georgia. Otto, Charles W., \u201cImproving Comprehension of Capital Sentencing Instructions Bias-Reduction Approach.\u201d Chaired by Brandon K. Applegate, April 2004, University of Central Florida. Page, Amy Dellinger. \u201cBehind the Blue Line: Investigating Police Officers\u2019 Attitudes Toward Women and Rape.\u201d Chaired by Lois Presser, May 2004, University of Tennessee. Parent, Richard. \u201cAspects of Police Use of Deadly Force in North America.\u201d Chaired by Simon Verdun-Jones, 2004, Simon Fraser University. Patchin, Justin. \u201cFamlial Relations and Intervention Amenability: Paving a Path to Delinquency Desistance.\u201d Chaired by Tim Bynum, 2004, Michigan State University. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 112/119 Payne, Pedro Ricardo. \u201cThe Arlanza Neighborhood Initiative Municipal Effort at Applying Social Disorganization Theory to Youth Violence Prevention.\u201d Chaired by Austin Turk, August 2004, University of California-Riverside. Pealer, Jennifer Community of Peers Promoting Behavior Change: The Effectiveness of a Therapeutic Community for Juvenile Male Offenders in Reducing Recidivism.\u201d Chaired by Edward Latessa, June 2004, University of Cincinnati. Peck, Leonard. \u201cHoeing a Long and Hard Row: Long Term Administrative Segregation of a Cohort of Texas Prison Inmates.\u201d Chaired by James Marquart, December 2004, Sam Houston State University. Pedro, Ronald E., \u201cPolicy and Procedures as a Prelude to Peril: Linkage Blindness, Cultural Lag and the Terrorism of 9/11.\u201d Chaired by Stephen Mallory, 2004, University of Southern Mississippi. Pogorzelski, Wendy. \u201cManaging the Politics of Public Defense.\u201d Chaired by Alissa Worden, 2004, University at Albany. Polowek, Kim. \u201cVictim Participatory Rights in Parole: Their Role and the Dynamics of Victim Influence as Seen by Board Members.\u201d Chaired by William Glackman, 2004, Simon Fraser University. Porter, Judy L., \u201cPerceptions of social incivilities in the surroundings of elderly- only and mixed population high-rise public housing.\u201d Chaired by Dennis Roncek, 2004, University of Nebraska at Omaha. Potter, Hillary. \u201cIntimate Partner Violence against African American Women: The Effects of Social Structure and Black Culture on Patterns of Abuse.\u201d Chaired by Joanne Belknap, November 2004, University of Colorado-Boulder. Poulin, Mary E., \u201cImproving Outcomes For Girls in the Juvenile Justice System: The Need for Classification.\u201d Chaired by Philip W. Harris, 2005, Temple University. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 113/119 Ratansi, Shamir. \u201cSpecialized Response Programs: Police Handling of Encounters Involving Persons With Mental Disorders.\u201d Chaired by James Frank, December 2004, University of Cincinnati. Stamatel, Janet P. \u201cWhen the Wall Came Down, Crime Went Up: Crime and Social Change in Post-Socialist East-Central Europe from 1985 to 2000.\u201d Chaired by William L. Parish, March 2004, University of Chicago. Tark, Jongyeon. \u201cCrime Victim\u2019s Self-Protection.\u201d Chaired by Gary Kleck, August 2005, Florida State University. Tsunokai, Glenn Thomas. \u201cAsian Youth Gangs in Southern California Suburbia Multidimmensional Perspective.\u201d Chaired by Austin Turk, December, University of California-Riverside. Welch, Kelly. \u201cPunitive Attitudes and the Racial Typification of Crime.\u201d Chaired by Ted Chiricos, May 2004, Florida State University. Wender, Jonathan M., \u201cPolicing as Poetry: Phenomenological and Aesthetic Reflections Upon the Bureaucratic Approach to Human Predicaments.\u201d Chaired by Robert Gordon, May 2004, Simon Fraser University. Whiteford, Scott Cluster-Analytic Study of Adolescent Substance Use: Investigating the Drug-Crime Relationship.\u201d Chaired by Lynn White, August 2004, University of Nebraska-Lincoln. Witt, Betsy Ann. \u201cCourt Processing of Physical Child Abuse Offenders.\u201d Chaired by Raymond Teske, 2004, Sam Houston State University. Wright, Richard G., \u201cProtection or Illusion Policy Analysis of Federal and Massachusetts Sex Offender Legislation.\u201d Chaired by Carole Upshur, December 2004, University of Massachusetts-Boston. Young, Russell Lee Time Series Analysis of Eco-terrorist Violence in the United States: 1993-2003.\u201d Chaired by Richard H. Ward, 2004, Sam Houston State University. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 114/119 Zgoba, Kristen. \u201cVariations in the Recidivism of Treated and Non-Treated Sexual Offenders in New Jersey: An Examination of Three Time Frames.\u201d Chaired by Clayton Hartjen, May 2004, Rutgers University. Zhang, Hongwei. \u201cEnforcement of Protective Orders to Domestic Victims Narrative.\u201d Chaired by Raymond Teske, 2004, Sam Houston State University. Zhang, Yan. \u201cExplaining Drug Use and Delinquency by Race and Ethnicity Test of Differential Association, Social Bond, and Self-Control Theory.\u201d Chaired by Merry Morash, 2004, Michigan State University. 2003 Beichner, Dawn M. \u201cProsecutorial charging decisions in sexual assault cases: Examining the impact of a specialized unit.\u201d Chaired by Cassia Spohn, 2003, University of Nebraska at Omaha. Brown, Molly. \u201cSimilarities and differences in sentencing decisions of men and women judges in Cook County Circuit.\u201d Chaired by Cassia Spohn, 2003, University of Nebraska at Omaha. Bora, Dhruba. \u201cThe Influence of Emotional Intelligence on Deviant Behavior.\u201d Chaired by John \u201cJake\u201d Gibbs, August 2003, Indiana University of Pennsylvania. Boyles, Cynthia. \u201cFear of Crime, Civil Liberties, and Tolerance of the Use of Technological Anti-Crime Devices: Will a Fearful Public Exchange Civil Liberties for Safety?\u201d Chaired by Brandon Applegate, August 2003, University of Central Florida. Brown, Robert. \u201cExploring the Use of Formal Authority in Police-Citizen Encounters.\u201d Chaired by James Frank, April 2003, University of Cincinnati. Davies, Heather J., \u201cUnderstanding Variations in Murder Clearance Rates: The Influence of The Political Environment.\u201d Chaired by Brian Forst, December 2003, 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 115/119 American University. Famega, Christine. \u201cDiscretion or Direction? An Analysis of Patrol Officer Downtime.\u201d Chaired by James Frank, August 2003, University of Cincinnati. Hellenga, Kate. \u201cThe Uncorrected Self: Identity Negotiation in Juvenile Detention.\u201d Chaired by Mark Aber, December 2003, University of Illinois \u2013 Urbana \u2013 Champaign. Henych, Mark. \u201cPerceptions of Computer Crime In The State of Florida and Future Policy.\u201d Chaired by Stephen Holmes, December 2003,University of Central Florida. Hogan, Richard G., \u201cPrivate Prisons: An Evaluation of Cost and Quality.\u201d Chaired by Wayne Lucas, November 2003, University of Missouri \u2013 Kansas City. Huebner, Beth M., \u201cIncarceration, Social Bonds, and the Life Course.\u201d Chaired by Timothy S. Bynum, August 2003, Michigan State University. Hurley, David. \u201cClosed Circuit Television: The Cincinnati Experience.\u201d Chaired by Lawrence Travis, March 2003, University of Cincinnati. Kelly, Charles Thomas. \u201cCommercial Bail, The Inequitable Taxing of the Poor in Louisiana.\u201d Chaired by Donald Cabana, December 2003, University of Southern Mississippi. Kieso, Douglas. \u201cThe California Three Strikes Law: The Undemocratic Production of Injustice.\u201d Chaired by Gilbert Geis, December 2003, University of California \u2013 Irvine. Kim, Sang Weon. \u201cAnomie, Institutions, and Crime: The Role of Social Institutions in the Relationship between Socio-economic Change and Crime in Russia.\u201d Chaired by William Alex Pridemore, November 2003,University Of Oklahoma. King, Patricia Ann. \u201cMulticultural Competencies of Probation Officers.\u201d Chaired by Robert Shearer, December 2003, Sam Houston State University. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 116/119 Komorosky, Dawna. \u201cPredictors of Rape Myth Acceptance Among Criminology and Non-Criminology Students.\u201d Chaired by Jamie Martin, August 2003, Indiana University of Pennsylvania. Kvashny, Karen. \u201cModern Maritime Piracy in Asia Case Study of Transnational Organized Crime.\u201d Chaired by John Dombrink, August 2003, University of California \u2013 Irvine. Lee, Jeffrey C., \u201cPolice Fitness: The Effects of Activities, Service, Limitations and Programs on Fitness Retirement.\u201d Chaired by Stephen L. Mallory, June 2003, University of Southern Mississippi. Lum, Cynthia. \u201cThe Spatial Relationship Between Street-Level Drug Activity and Violence.\u201d Chaired by David Weisburd, August 2003, University of Maryland. Matthews, Betsy. \u201cEnhancing the Protective Capacity of Mentoring Relationships: Strengthening the Social Bond.\u201d Chaired by Edward Latessa, March 2003, University of Cincinnati. McCartan, Lisa. \u201cGenetic and Environmental Contributions to Offending Over the Life Course.\u201d Chaired by Michael Benson, August 2003, University of Cincinnati. Mesloh, Charles. \u201cAn Examination of Police Canine Use of Force In The State of Florida.\u201d Chaired by Stephen Holmes, August 2003, University of Central Florida. Morrell, Barbara. \u201cJuvenile Waiver: The Elusive Definition of Rehabilitation.\u201d Chaired by Candace McCoy, October 2003, Rutgers University \u2013 Newark. Pogorzelski, Wendy. \u201cManaging the Politics of Public Defense.\u201d Chaired by Alissa Pollitz Worden, October 2003, University at Albany. Rhineberger, Gayle M., \u201cSocial Disorganization, Disorder, Social Cohesion, Informal Controls, and Crime Reformulation and Test of Systematic Social Disorganization Theory.\u201d Chaired by Susan M. Carlson, December 2003, Western Michigan University. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 117/119 Sanders, Bill. \u201cOur Manor: Youth Crime and Youth Culture in the Inner City.\u201d Chaired by Tim Newburn and Nikolas Rose, September 2003, London School of Economics-University of London. Sedelmaier, Christopher M., \u201cRailroaded: The Effects of a New Public Transport System Upon Local Crime Patterns.\u201d Chaired by Dr. Leslie Kennedy, April 2003, Rutgers University. Sorensen, David W.M., \u201cThe Effects of Intimate Partnering and Marital Failure on Criminal Behavior: Social Causation or Self-Selection?\u201d Chaired by Mercer Sullivan and Jeffrey Fagan, January 2003, The State University of New Jersey. Sperber, Kimberly Gentry. \u201cPotential Applications of an Existing Offender Typology to Child Molesting Behaviors.\u201d Chaired by Pat Van Voorhis, August 2003, University of Cincinnati. Stichman, Amy. \u201cThe Sources and Impact of Inmate Perceptions of Correctional Officers\u2019 Bases of Power.\u201d Chaired by John Woolredge, March 2003, University of Cincinnati. Swan, Richelle. \u201cOn the Rocky Road to Restoring Justice: The Restorative Justice Movement in the United States.\u201d Chaired by John Dombrink, September 2003, University of California \u2013 Irvine. Swatt, Marc Leonard. \u201cShort-term forecasting of crime for small geographic areas.\u201d Chaired by Dennis Roncek, 2003, University of Nebraska at Omaha. Tardo-Bora, Kimberly De. \u201cResearching Action Research: Little Things Matter.\u201d Chaired by Sherwood \u201cChris\u201d Zimmerman, August 2003, Indiana University of Pennsylvania. Thompson, Melissa. \u201cExpectations of Madness: Race, Gender, and Mental Health Evaluations in the Criminal Justice System.\u201d Chaired by Chris Uggen and Candace Kruttschnitt, August 2003, University of Minnesota. Ziegler, Stephen. \u201cProsecutors, Palliative Medicine, and Physician-Assisted Death: An Empirical Assessment of the Likelihood of Prosecution Stemming 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 118/119 from Opioid and Non-Opioid Administrations.\u201d Chaired by David Nice, May 2003, Washington State University. 2/17/25, 12:56 Doctorates \u2013 The American Society of Criminology 119/119"} |
7,781 | David McIntire | University of Missouri – Columbia | [
"7781_101.pdf"
] | {"7781_101.pdf": "handling-sexual-harassment/article_cf470286-e424-11e7-b869-bb9028645d1d.html DAVIDSON: Clear signs of progress on handling sexual harassment Sandy Davidson Dec 19, 2017 Courtesy of Missouri School of Journalism Sandy Davidson is a professor at the Missouri School of Journalism and a Curators\u2019 Teaching Professor at and is an attorney for the Missourian. The defeat of Roy Moore in Alabama is another victory for the rise of women against sexual harassers. This anti-Muslim, anti-gay crusader who was kicked off the Alabama Supreme Court twice had a lot of other baggage to disgust voters. Still, it was the image of Privacy - Terms 2/17/25, 12:57 DAVIDSON: Clear signs of progress on handling sexual harassment | Local Columnists | columbiamissourian.com 1/2 Report an error Write a letter Send us feedback 14-year-old Leigh Corfman, who recently came forward to tell her story of alleged sexual improprieties in 1979 by then-32-year-old assistant district attorney Moore, that haunted his campaign. The #MeToo movement has opened the floodgates, and icons on both sides of the political divide have fallen into the abyss. Al Franken flashed a devilish or impish grin, depending on one\u2019s perspective, in a photograph. Given today\u2019s climate, he might have been better off politically if he had been caught in the photograph with his hands reaching into the cookie jar instead of reaching for a sleeping woman\u2019s breasts DAVIDSON: Limiting disturbing images in the digital age rule changes constrict the diversity of media voices COMMENTARY: Will Roy Moore lead us to a tipping point DAVIDSON: With net neutrality, free speech and free market collide DAVIDSON: Could First Amendment protect a box of poop DAVIDSON: 'Fire and Fury' is latest example of presidential mistrust of the press 2/17/25, 12:57 DAVIDSON: Clear signs of progress on handling sexual harassment | Local Columnists | columbiamissourian.com 2/2"} |
7,319 | Nicholas Santangelo | Eastern Kentucky University | [
"7319_101.pdf"
] | {"7319_101.pdf": "WKUHerald.com \u2022 May 4, 2017 \u2022 misconduct-at-kentucky-universities/ In The Dark: Records shed light on sexual misconduct at Kentucky universities Nicole Ares Murray State University lecturer continues to teach four classes a semester after the university found he \u201cinappropriately\u201d touched, kissed and asked a student to be photographed nude and was accused of harassment by three other women. An Eastern Kentucky University professor resigned after the university determined he sent more than 25 sexually explicit emails to a student in his class. He now teaches at a university 800 miles away Western Kentucky University assistant professor accused of misconduct resigned for the following year, ending the university\u2019s investigation refuses to release information on six employees who were found to have violated the university sexual misconduct policy since 2013 because the employees resigned before \u201cfinal action.\u201d Across the state, employees have been found in violation of misconduct policies for creating \u201chostile\u201d environments, \u201cinappropriately\u201d touching students and having sexual relationships with students. In most cases, the public learns little about the allegations or the results of the university\u2019s investigations review of more than 1,200 pages of records obtained through public records requests to seven Kentucky universities revealed 62 employees in violation of their universities\u2019 sexual misconduct and discrimination policies since 2011. Fewer than half of the employees were terminated from their positions. Some resigned and moved on to other universities, which would be unlikely to know about the misconduct. Other employees received punishments ranging from warnings to sexual harassment training sessions and were allowed to remain in the classroom or on staff. These statistics do not include incidents at schools, such as and Kentucky State University, that refused to release records related to sexual misconduct and discrimination altogether. All seven universities cited privacy laws such as the Family Educational Rights and Privacy Act (FERPA) and Title to withhold or redact the records. Deborah Wilkins, general counsel at WKU, said the decision to completely withhold records is intended to protect victims. In the Dark project on Title records at and other Kentucky Universities have to weigh the person\u2019s privacy interests against the public\u2019s right to know,\u201d Wilkins said don\u2019t see how disclosing that type of information is more important than having a system that works, that helps the victim and that gives them a place to confidentially come forward with a complaint.\u201d Critics say universities are protecting perpetrators by hiding sexual misconduct from other students and the public. \u201cWas this employee telling the occasional off-color joke or was this employee pressuring students to submit to sex in exchange for grades?\u201d questioned Frank LoMonte, director of the Student Press Law Center, who has more than 20 years of experience dealing with similar cases. \u201cThe public doesn\u2019t need to know the accuser, but they certainly need to know how serious the behavior was,\u201d he added. Repeat offenders not taken out of the classroom Across the state at least 31 employees who were found to have violated sexual misconduct and discrimination policies since 2011 have kept their positions at Kentucky public universities. This includes Murray State University lecturer William Gross Magee, who was accused of sexual harassment by four students. The first student submitted a complaint to the Office of Equal Opportunity after two semesters of \u201csexual and verbal harassment,\u201d according to documents obtained from Murray State through an open records request. The student told the Office of Equal Opportunity that Magee offered her a drink from the tequila bottle lying in the backseat of his car after a field trip. The student said he then reached across the seat, put his hand on her knee and kissed her, she said in her complaint. Magee then told the woman he wanted to take nude pictures of her and he assured her they would be \u201ctasteful,\u201d she told the Office of Equal Opportunity. He invited her to follow him back to an address, which was redacted from the records. She drove in the opposite direction, the student said in her complaint. The next week after class, Magee approached the student and apologized for his behavior saying it was \u201cunlike him,\u201d she told officials. Magee later confirmed to the Office of Equal Opportunity that he acted \u201cinappropriately\u201d on the field trip. But the student said the encounters with Magee did not end there, according to her complaint to the Office of Equal Opportunity. The next semester, she took another class taught by Magee because she was already enrolled and it was paid for, she said in her complaint. Magee asked the woman to drinks and questioned her ongoing divorce, she told the Office of Equal Opportunity feel ashamed at how much have let this man harass me,\u201d the woman said in her complaint kept telling myself could handle it and he continued doing it.\u201d The student decided to come forward after \u201ctwo young girls\u201d in her class claimed Magee would offer them a better grade if they \u201cflashed him,\u201d she told university officials. \u201cMagee has made my life a living hell,\u201d she told the Office of Equal Opportunity. This student was one of four who came forward with allegations against Magee since 2011, according to the Office of Equal Opportunity documents. Three other female students claimed they had experienced similar verbal harassment by Magee and two of them claimed Magee propositioned them to \u201cflash him,\u201d according to their complaints. Magee admitted to acting \u201cinappropriately\u201d on the field trip and that he made an advance on her, he told the Office of Equal Opportunity during a review process. \u201cIn every complaint there is some grain of truth, and a lot of misinformation and things taken the wrong way,\u201d Magee said in his response filed with the Office of Equal Opportunity agree that acted inappropriately with [name redacted]. However, at the time she showed no negative attitude about the issue, in fact in my opinion, offered some encouragement. For example, telling me had great eyes, etc.\u201d At the conclusion of his response to the Office of Equal Opportunity, Magee said however vehemently deny that sexually harassed her or any other student.\u201d Overall, Murray State officials found Magee\u2019s actions subjected the initial student to sexual harassment and created a hostile environment for all women. The university required Magee to undergo sexual harassment training sessions and issued a written warning as punishment. In the spring 2017 semester, Magee taught four classes and more than 60 students at Murray State University. Magee did not respond to multiple phone calls and emails from the Herald seeking comment. Not the first one, not the last one Universities allowing policy violators to remain in the classroom is not limited to Murray State University. More than 300 miles across the state, a Northern Kentucky University professor kept his job after several accounts of sexual harassment spanning more than 10 years, according to documents obtained through an open records request. In both cases officials referred to the sexual harassment as \u201cserious\u201d and gave Dennis Miller, a philosophy lecturer, written warnings. In 2007, a female student approached Miller expressing concerns about her final paper. The freshman student was having trouble understanding the material, and Miller agreed to meet after hours to \u201chelp her out,\u201d she later told Steve Meier, who then served as associate for the dean of students. However, little discussion of her final paper occurred during the meeting, she told Meier. According to a university document detailing the complaint, Miller talked about his upcoming book and put his hand on her knee twice during the discussion. After smoking cigarettes and talking for half an hour, Miller walked with the student across campus to her car, brushed her hair into place and kissed her cheek, she told Meier. The student submitted a complaint because she wanted someone to speak with professor Miller about the situation so he didn\u2019t have similar encounters with other students, she said in her complaint to the university. When Meier confronted Miller about the allegations, Miller admitted everything in the report was accurate, according to a document detailing their meeting. At the time, Meier \u201cstrongly\u201d advised Miller to keep his distance from students, according to a document detailing their meeting. In 2015, Miller made another student \u201cuncomfortable\u201d with \u201cinappropriate\u201d text messages, touching and kissing her on the cheek, according to a university document detailing the complaint. Miller confirmed the claims were accurate to university officials, according to a document detailing their meeting. Katherine Frank, who then served as dean of the College of Arts and Sciences, advised Miller to \u201cevaluate carefully correspondence with all students,\u201d according to an email from Frank to Miller. Miller apologized for his actions, agreed to stop contact with the student and said he would be more conscious about interactions with students, he told university officials was not the only school where Miller was the subject of misconduct complaints. While working as a lecturer at NKU, he was also working as a bus driver for the Campbell County School District. Students in the Campbell County School District filed three complaints against Miller saying he made inappropriate comments on the job, according to documents obtained by The Cincinnati Enquirer. The most recent incident occurred in 2015 with comments about pornography and other obscenities, which led to a two-day suspension, according to documents obtained by The Enquirer. Miller was fired from the school district when the former interim superintendent Donald Pace learned about the accusations in June 2016. He worked for the Campbell County School District for 22 years. \u201cHe was automatically dismissed and is no longer an employee here,\u201d Pace, who died in September 2016, told The Enquirer at the time. \u201cWhen we discovered what was happening at NKU, that gave an indication of a continual pattern and we can\u2019t have that around our boys and girls.\u201d Miller told The Enquirer he was going to retire anyway when he was informed of the dismissal. He also told The Enquirer the school district was \u201cjust protecting itself from public perception really have done nothing wrong here,\u201d Miller told The Enquirer in June 2016. \u201cIt\u2019s not surprising to me what they have done, but they are quick to throw bus drivers under the bus anytime there is a complaint instead of really getting our side.\u201d Miller continued teaching at for the remainder of the spring 2016 semester, but his contract was not renewed for the 2016- 2017 year. He worked at for 27 years. The Herald attempted to contact Miller with multiple phone calls, but he did not respond before publication. Offenders move on to work at other universities If employees\u2019 positions are terminated or they resign or retire after a violation, their case is often not made public and they are able to work at other universities At least eight of the 62 employees who violated university policy are working at other schools scattered across the country, according to the records the Herald was able to obtain. Heavily redacted records from Eastern Kentucky University revealed a sexual harassment complaint against assistant professor Nicholas Santangelo submitted in 2012. The student said Santangelo sent sexually explicit emails to her and she found the conduct \u201cunwelcome and unwanted,\u201d she told the Equal Opportunity Office According to the report, the online conversations began in late February \u201cwith jokes about professors teaching for sex and money.\u201d In early May 2012, the student and Santangelo were engaging in a sexually explicit email chain. Santangelo sent 17 emails of \u201csexual nature\u201d to the student and she sent 11 back on May 1, 2012, according to the Equal Opportunity Office report. The student said she willingly engaged in the conversations at first, according to the complaint. However, the conversations became sexually explicit to the point where \u201cshe could no longer disengage,\u201d she told the Equal Opportunity Office. When the woman filed a complaint, the Equal Opportunity Office reviewed the emails between Santangelo and the woman and seized the hard drives of his current and recently replaced laptop computers. After a thorough investigation, the Equal Opportunity Office concluded that Santangelo behaved \u201cinappropriately\u201d and violated the school\u2019s sexual harassment and nondiscrimination policy. Santangelo sent more than 25 sexually explicit emails to the student from his email and private Gmail accounts, the Equal Opportunity Office found in its review. When the investigation concluded in July, the Equal Opportunity Office recommended \u201cappropriate\u201d disciplinary action be taken to prevent any future recurrence\u2014but did not recommend his termination. Santangelo, a tenured professor at EKU, resigned from the university and began teaching at Hofstra University in Long Island, New York, the following year. Howard Greenberg, an attorney representing Santangelo, said Santangelo\u2019s decision to teach at Hofstra University predated the Equal Opportunity Office investigation. Greenberg said Santangelo, who is originally from Long Island, was looking to relocate his family closer to his former home. Greenberg said in an email the heavily redacted documents obtained by the Herald should be \u201cprivate and confidential.\u201d \u201cAny implication in your reporting that Dr. Santangelo was censured in any way as a result of the investigation would be improper,\u201d Greenberg said in an email on Wednesday, May 3. Universities refuse to release investigation records By concealing serious sexual misconduct violations from the public, universities can handle the cases in private, allowing professors or other employees to continue working at the school, or allowing them to resign and move on to work at other universities. Universities protect this information by heavily redacting public documents on those cases. Other universities, like and Kentucky State University, generally refuse to release the documents at all. At WKU, six employees have violated the university\u2019s sexual misconduct policy since 2013, according to Andrea Anderson, Title coordinator. The university says because the employees resigned before \u201cfinal action\u201d was taken, it does not have to release the records separate records request disclosed emails discussing former assistant professor of philosophy Adrian Switzer\u2019s resignation for the following year after allegations of misconduct in 2012. The details of the allegations against Switzer are unclear because generally refuses to release information detailing the incident chain of emails discussing Switzer\u2019s resignation shows the university allowed him to continue teaching for the remainder of the school year if he agreed to limit student contact and submit a resignation letter for the following year. \u201cYour involvement with students must be limited to class time and to office hours: there is to be no social or extracurricular student engagement,\u201d former Potter College of Arts and Letters Dean David Lee wrote in an email to Switzer on September 17, 2012. If the university received \u201ccredible evidence\u201d Switzer was not limiting student contact would \u201cfully and aggressively\u201d investigate the incident, Lee said in an email to Switzer. After finishing the remainder of the school year at WKU, Switzer was hired by the University of Missouri-Kansas City as an associate teaching professor in fall 2014. During an interview last month, Lee, who currently serves as provost, said concerns against Switzer developed and they were not ignored. The university decided action needed to be taken, but Switzer\u2019s decision to resign was his own, Lee said. In evaluating its action in these kind of cases, Lee said the university examines the magnitude of the offense and decides if a resignation is sufficient. \u201cIf it clearly rises to the level of a very serious violation and a very clear exercise of very poor judgment, then a resignation might be something that you would ask for,\u201d Lee said. The university must also decide if an immediate resignation is necessary, depending on how \u201cegregious\u201d the situation seems to be, Lee explained. Lee said the case may not have been handled the same way today. \u201cThis was five years ago and the climate is somewhat different now,\u201d he said. \u201cThere are different expectations around the handling of these matters.\u201d Switzer did not respond to multiple attempts by the Herald to reach him by phone and email. Universities withhold records to \u2018protect victims\u2019 In an opinion piece submitted to the Herald President Gary Ransdell said the university is withholding sexual misconduct and discrimination records to protect the safety and privacy of the victims. \u201cOnly the victim has the right to choose to make a crime against him or her public,\u201d Ransdell wrote denied the Herald\u2019s request to inspect records of university sexual misconduct policy violations, citing various exceptions to the Kentucky Open Records Act. Among the exceptions was a provision that allows records that are \u201cpreliminary in nature\u201d to be withheld \u2014 meaning the investigation hasn\u2019t officially concluded. These records include the investigations of six employees who have violated WKU\u2019s discrimination and sexual misconduct policy since 2013 and have resigned. Attorney Jon Fleischaker, who was instrumental in the creation of the Kentucky Open Records Act, said calling the records \u201cpreliminary\u201d is inaccurate. \u201cOnce it\u2019s done, it\u2019s done,\u201d said Fleischaker, who has consulted for the Herald on Kentucky open records laws.\u201cSince the initial complaint resulted in the resignation of a university employee, those records are no longer preliminary.\u201d The Kentucky Attorney General\u2019s Office found in violation of the Open Records Act in January and ordered the university to turn over the records to the Herald then sued the Herald in February to appeal the ruling\u2014 the school\u2019s only option other than releasing the records. Universities withhold records to \u2018protect image\u2019 LoMonte of the Student Press Law Center believes there is an incentive for universities to conceal the fact that many harassment complaints go unpunished in order to protect their images. Public universities are now relying on student retention and outside donations more than ever, according to a Center of Budget and Policy Priorities report. In Kentucky, per-student funding for universities is down by more than 30 percent since the start of the Great Recession. Additionally, Kentucky is one of 12 states to cut per-student funding consecutively in 2015 and 2016, according to the report. Because of higher education cuts across the nation, the funding market has gotten more competitive and colleges are more image- conscious, LoMonte said. \u201cThere is almost nothing more damaging to recruitment than having the public believe you are a college where the professors sexually harass the students,\u201d he said. LoMonte, who has more than 20 years experience dealing with similar cases, believes there is a public interest in knowing how cases of serious sexual misconduct cases are handled. \u201cThe proper solution is to redact the names and any personal identifiers\u201d of victims, he said. \u201cIn a normal investigation, that should be very much possible to do. Just give the public the facts.\u201d Instead, many universities refuse to release sexual misconduct records or heavily redact the records to the point where the severity of the misconduct is unidentifiable, leaving the public in the dark. \u201cWe don\u2019t let government agencies decide that certain records are confidential because they\u2019re afraid of the conclusions the public is going to jump to,\u201d LoMonte said. \u201cThe public needs to know if serious wrongdoings are being adequately punished.\u201d Reporter Nicole Ares can be reached at 270-745-2655 and nicole.ares@wku.edu."} |
7,614 | David L. Fortney | Truman State University | [] | {} |
8,718 | Anthony Luetkenhaus | Northern Oklahoma College | [
"8718_101.pdf",
"8718_102.pdf",
"8718_103.pdf"
] | {"8718_101.pdf": "Okla. College Professor Arrested & Fired After Allegedly Creating Disturbing Sexual Game, Recruiting Students Northern Oklahoma College professor has been arrested after reports of sexual misconduct and a long list of other alleged offenses. Court documents show it was the president that called the police about theatre professor Anthony Luetkenhaus. The Tonkawa police chief was one of the officers that interviewed two alleged victims. Both gave disturbing details of alleged misconduct and even sexual assault. Chief Nick Payne told News 9 he had never heard of anything like this, but he said was assisting with the isolated incident in every way possible. The allegations include a secret \"game\" that Luetkenhaus created involving students. \"It's been alleged from 2016 to present Anthony Luetkenhaus engaged in sexual relationships with his theater students\u2026\" said Payne. \"During that time, he developed a secret program called \"the game\" in which he was manipulating students to become his \"pets\" and he was the master of this game...\" said Payne. The two women that came forward said the theatre professor encouraged students involved to recruit others, regardless of age, and document their sexual encounters. \"It's alleged he would then possess these files and then distribute them on the internet,\" said Payne. How far those files traveled, police don't know yet. But Payne told News 9 it could be internationally. Luetkenhaus was arrested and could face a long list of charges including kidnapping, sexual battery and rape. Weather Alerts: Click to See Watches and Warnings 2/17/25, 12:58 Story 1/3 \"Since the arrest, new victims inside and outside the state of Oklahoma continue to come forward,\" Payne told News 9. Police said right now the number of alleged victims is more than 40. Officers have searched the Luetkenhaus' Stillwater home as well as his office. They have also reached out to several state agencies for help with the investigation and could even ask for federal assistance. Police are also looking at the possibility of more victims in Illinois and Missouri, where Luetkenhaus lived prior to 2016 released a new statement Tuesday that said Luetkenhaus had been officially fired and was banned from campus. Administrators said counseling services were available for anyone impacted. The police chief said if a victim sees this or if anyone has any information on the case to reach out to their department. You can call the department 580- 628-2516 or email tonkawapolicedepartment@yahoo.com. Read the complete statement released Tuesday below terminates employment of theatre faculty member Northern Oklahoma College officials announced today that Mr. Anthony Luetkenhaus is no longer employed at Northern Oklahoma College. After further investigation and proven violations of policies, he was terminated from his employment at on Monday, May 3, within three business days of the onset of this investigation. Additionally President Dr. Cheryl Evans said that Luetkenhaus is banned from the campus for the protection of the campus community. In a campus announcement sent out earlier today, Dr. Evans provided resources from both and the area communities. Professional counselors were on campus Monday and the college has arranged for counseling support for any victims traumatized by the situation. Students and employees are encouraged to contact Mr. Jason Johnson, Vice President for Student Affairs/Title Coordinator for counseling referral information. \u201cOur campus community is heartbroken for the victims in the allegations against Tony Luetkenhaus and are fully cooperating with the Tonkawa Police Department in the investigation. We are doing everything we can so justice is served, and we can begin the healing process,\u201d said President Evans. \u201cWe want to thank the courageous people who stepped forward to report their experiences. Our College is a safer place because of your bravery.\u201d Campus spokesperson Sheri Snyder stated, \u201cThere is limited information that can be shared because of the ongoing investigation and employment law. The investigation with Tonkawa Police Department is ongoing and we are being as transparent as possible.\u201d Northern Oklahoma College, the state\u2019s first public community college, is a multi-campus, land-grant institution that provides high quality, accessible, and affordable educational opportunities and services which create life-changing experiences and develop students as effective learners and leaders within their communities in a connected, ever changing world. NOC, a public two-year community college, serves nearly 5,000 students on the home campus in Tonkawa, branch in Enid Gateway Program in Stillwater, online, and the University Center in Ponca City. Of these students about 60% receive financial aid and/or scholarships. Over 80% of students complete their degree with zero debt is accredited by the Higher Learning Commission and offers associate degrees in three general areas: Arts, Science and Applied Science. The associate degree fulfills lower-division course work which is applicable towards a bachelor\u2019s degree. Call (580) 628-6200 for more information about Northern Oklahoma College or visit \uf39e \uf16d Weather Alerts: Click to See Watches and Warnings 2/17/25, 12:58 Story 2/3 Weather Alerts: Click to See Watches and Warnings 2/17/25, 12:58 Story 3/3", "8718_102.pdf": "\uea39 ( Former Culver-Stockton, Western Illinois professor faces up to life in prison on rape charges in Oklahoma 4, 2021 (HTTPS://MUDDYRIVERNEWS.COM/CATEGORY/TOP- STORIES/) ( western-illinois-professor-faces-up-to-life-in-prison-on-rape-charges-in- oklahoma/20211004064348/&title=Former+Culver- ( illinois-professor-faces-up-to-life-in-prison-on-rape-charges-in- oklahoma/20211004064348/&text=Former+Culver- (mailto:?body= faces-up-to-life-in-prison-on-rape-charges-in-oklahoma/20211004064348/) Anthony Luetkenhaus TONKAWA, Okla former theater professor at Culver-Stockton College and Western Illinois University faces up to life in prison without the possibility of parole after being charged May 5 with first-degree rape and other felony sex-related charges. Anthony Lee Luetkenhaus, 37, made his first appearance in Kay County District Court on May 7. He faces 5 years to life without parole on the first- degree rape charge; up to 20 years on a kidnapping charge; up to 10 years each on two counts of sexual battery; and up to a year in prison and/or a fine up to $1,000 on a misdemeanor charge of nonconsensual dissemination of private sexual images. He is scheduled to make his next court appearance for a status hearing on Nov. 5. Kevin Hassler, associate editor for the Enid News & Eagle ( charge/article_33111aac-add2-11eb-b2d8-ab3df156df41.html), reported that according to the website anthonyluetkenhaus.com ( Luetkenhaus was at Northern Oklahoma College in Tonkawa, Okla., since 2016 as director of technical theater and professor of theater. His teaching experience also includes spending 2010-13 at and 2008 at WIU. \uf39e \ue9df \ue93d \ue94b 2/17/25, 12:58 Former Culver-Stockton, Western Illinois professor faces up to life in prison on rape charges in Oklahoma \u2013 Muddy River News 1/7 Luetkenhaus facing rape, kidnapping, sexual battery charges charging sheet provided by Kay County District Court shows the rape charge stems from an incident at the campus in which Luetkenhaus is accused of having sex with the victim \u201cwhere force was used \u2026 by restraining (the victim) with rope and refusing to free (the victim) from the restraints.\u201d The kidnapping charge accuses Luetkenhaus of \u201cunlawfully confining (the victim) without lawful authority and with the intent to confine (the victim) against her will,\u201d also on the campus. The time frame for the rape and kidnapping charges listed is Jan. 1, 2017, through June 1, 2018. The two counts of sexual battery involve a second victim. They accuse Luetkenhaus of \u201cintentionally touching the body of (the victim), a person over 16 years of age, in a lewd and lascivious manner and without the consent of (the victim).\u201d The time frame for one count is Aug. 1, 2018, to Sept. 30, 2018. The time frame for the second count is Jan. 1, 2019, through May 31, 2019. The misdemeanor charge accuses Luetkenhaus of \u201cintentionally disseminating images of identifiable individuals whose intimate parts are exposed with the intent to harass the individuals officials announced Luetkenhaus\u2019 employment was terminated May 4. \u201cOur campus community is heartbroken for the victims in the allegations against Tony Luetkenhaus. We are fully cooperating with the Tonkawa Police Department in the investigation President Cheryl Evans said. \u201cWe are doing everything we can so justice is served and we can begin the healing process. We want to thank the courageous people who stepped forward to report their experiences. Our college is a safer place because of your bravery.\u201d Oklahoma college learned of allegations on April 28 administration became aware of allegations against Luetkenhaus on April 28. Law enforcement was invited to campus to investigate. In a Facebook post, the Tonkawa Police Department said interviews were made April 29 with \u201cnumerous students\u201d based on sexual offense allegations made against Luetkenhaus. Additionally, police officials \u201cwere presented evidence and disclosures during the course of this initial investigation.\u201d Luetkenhaus was arrested and jailed on $150,000 bond. Following Luetkenhaus\u2019 arrest, Tonkawa Police Department, with the assistance of the 8th District Attorney\u2019s Office, filed for and executed search warrants on Luektenhaus\u2019 residence in Stillwater and his office on the Tonkawa campus, according to the Facebook post. Evidence was collected and seized. \u201cWe have reached out to additional state agencies for assistance in this developing investigation,\u201d the Facebook post stated. \u201cSince the arrest, new alleged victims inside and outside of Oklahoma continue to come forward who are present or past students of Luetkenhaus. As this investigation continues, we anticipate additional charges and additional victims.\u201d Oklahoma City station reported interviews with two students KOKH-TV, a Fox affiliate in Oklahoma City, ( abusing-students) reported two students said Luetkenhaus had created a game in which he sexually assaulted them and instructed them to recruit other students to be assaulted. As a part of the game, Luetkenhaus was the \u201cmaster.\u201d He was allowed to \u201ctake\u201d anyone of his \u201cpets\u201d at any given time. Take was described by one of the students as rape and pets were the students. The first student described she had added Luetkenhaus on Snapchat sometime in January 2018. He added her back the same night. Later in the evening, she sent him a photo of a drink. He responded with four photos of an erect penis throughout the night. Two of them had his face in the photo as well. The same student reported that during a play or rehearsal in August or September 2018, Luetkenhaus forcefully picked her up by grabbing her by the butt. During the 2019 spring semester, the student said Luetkenhaus asked her to help him carry a heavy bench into an area of his workshop after a rehearsal. Once in the workshop, Luetkenhaus ran his hands up and down her body and fondled her bare breasts, according to the affidavit. The second student said she became a student at the college in 2016. Luetkenhaus showed special interest in her and gave her special attention from early on. The student later said she developed a close relationship with Luetkenhaus that centered around a bondage, dominance, sadomasochism environment. 2/17/25, 12:58 Former Culver-Stockton, Western Illinois professor faces up to life in prison on rape charges in Oklahoma \u2013 Muddy River News 2/7 Professor reportedly suggested he had photos, videos of students from Illinois and Missouri The student said that in 2017 or 2018, Luetkenhaus told her to meet him at the \u201clight tower\u201d of the theatre for consensual sex after a play. When she showed up, Luetkenhaus tied her up, something she didn\u2019t expect or consent to. She said sex with Luetkenhaus became painful, and she asked him to stop. He didn\u2019t. She said she did not report the incident because it was considered a betrayal against the master. She said she feared for her safety if she reported the incident. The student explained that from 2016 to now, she was Luetkenhaus\u2019s pet. She was to be a sex slave and recruit other pets for him. The student explained that during this time, she was told to recruit other girls to partake in three-way sexual encounters. The students being recruited were students both past and present of the college. The student said Luetkenhaus would document the encounters and save photos and videos on his phone and computer. Eventually, Luetkenhaus bragged about his collection to the student. He suggested he had photos and videos of students from Illinois and Missouri as well. The student said she was told to recruit a 12-year-old girl, the daughter of one of the staff members at Northern Oklahoma. She said Luetkenhaus has been involved in the game or had photos of more than 40 students at Northern Oklahoma. The student told police during the interview if Luetkenhaus found out she told them information, he would kill her (HTTPS://MUDDYRIVERNEWS.COM/TAG/WESTERN-ILLINOIS-UNIVERSITY/) Miss Clipping Out Stories to Save for Later? Click the Purchase Story button below to order a print of this story. We will print it for you on matte photo paper to keep forever \ue952(HTTPS://MUDDYRIVERNEWS.COM/PURCHASE-STORY?PID=7256 TV+ ( 2/17/25, 12:58 Former Culver-Stockton, Western Illinois professor faces up to life in prison on rape charges in Oklahoma \u2013 Muddy River News 3/7 1 6 , 2 0 2 5 ( This Week Kracht This Week Kracht ( Thomas J. Schutte - Duker & Haugh ( duker-haugh/20250215095924 2/17/25, 12:58 Former Culver-Stockton, Western Illinois professor faces up to life in prison on rape charges in Oklahoma \u2013 Muddy River News 4/7 9 Some clouds. Low 8F. Winds at 5 to 10 mph 16 0 11 3 11 -5 16 -1 27 15 \ue952(HTTPS://MUDDYRIVER.TV/MRN-WEATHER/) Two killed in three-vehicle crash outside of Pittsfield on Tuesday night on Illinois Route 106 ( tuesday-night-on-illinois-route-106/20250212085539/) PITTSFIELD, Ill Pittsfield High School student and a 68-year-old woman from Pittsfield were killed in a Tuesday night... 1 Nearly two years after being found guilty of killing his wife, Bliefnick gives his side of story during 70-minute interview from prison ( bliefnick-gives-his-side-of-story-during-70-minute-interview-from-prison/20250212061944 \u2014 As people waited outside Courtroom 2B in the Adams County Courthouse for the trial of Bradley Yohn to... 2 Superintendent says two Pittsfield High School students injured in Tuesday accident recovering in regional hospitals ( injured-in-tuesday-accident-recovering-in-regional-hospitals/20250212210910/) PITTSFIELD, Ill. \u2014 Two Pittsfield High School students who were injured in Tuesday night\u2019s fatal three-vehicle accident on Illinois Route... 3 Bliefnick\u2019s petition to appeal appellate court judgment denied by Illinois Supreme Court; motion to reconsider filed ( denied-by-illinois-supreme-court-motion-to-reconsider-filed/20250210073103/) Publisher's Note Editor David Adam interviewed Tim Bliefnick at the Menard Correctional Center on Feb. 5, the day... 4 Radio host apologizes for gesture captured on video during Jan. 27 City Council meeting ( 27-city-council-meeting/20250211071739 local radio personality apologized for a gesture she made \u2014 putting an imaginary gun to her head... 5 \ue952(HTTPS://MUDDYRIVERNEWS.COM/TRENDING/) 2/17/25, 12:58 Former Culver-Stockton, Western Illinois professor faces up to life in prison on rape charges in Oklahoma \u2013 Muddy River News 5/7 Subscribe to Our Newsletter Do you want to receive the Muddy River News newsletter in your inbox every morning at 8:00 AM? Enter your email address, click \"Subscribe,\" and don't forget to check your email to confirm your subscription. Email Address ( manage.com/unsubscribe?u=c7d09e09c7b481b4c594424e8&id=1d125cdcea&t=1) Download our App (HTTPS://MUDDYRIVERNEWS.COM/CONTACT- US/) 2/17/25, 12:58 Former Culver-Stockton, Western Illinois professor faces up to life in prison on rape charges in Oklahoma \u2013 Muddy River News 6/7 The latest news at your fingertips! ( news/id1661849877) ( id=com.muddyrivernews) Have a Story or News Tips (217) 577-8044 (TEL:2175778044 (MAILTO:NEWS@MUDDYRIVERNEWS.COM) Muddy River News 535 Maine, Suite 4A Quincy 62301 \uf09a( ( \uf16d( \uf167( Copyright \u00a9 2025 \u2022 Muddy River News \u2022 All Rights Reserved \u2022 Privacy and Use Policy ( 2/17/25, 12:58 Former Culver-Stockton, Western Illinois professor faces up to life in prison on rape charges in Oklahoma \u2013 Muddy River News 7/7", "8718_103.pdf": "TONKAWA, Okla. \u2014 Instructor at Oklahoma college fired, charged with kidnapping, rape Updated: 6:35 May 5, 2021 Infinite Scroll Enabled Staff An instructor at Northern Oklahoma College has been fired from his job as he was charged with multiple counts, including kidnapping, rape, sexual battery and more. Officials with Northern Oklahoma College - Tonkawa said Anthony Luetkenhaus, 37, was terminated from his employment on Monday. According to court documents, Luekenhaus was formally charged Tuesday in the Kay County District Court with felony counts of first-degree rape, kidnapping, two counts of sexual battery and a misdemeanor count of nonconsensual dissemination of private sexual images. According to court documents, officials with the college reported alleged offenses against students to authorities on April 29. Watch on Demand \uf10c \uf0e0 \uf12426\u00b0 \uf0c9 Oklahoma City 73102 26\u00b0 \uf124 Clear \uf114 0% \uf041 \uf124 \uf102 3 / 3 \uf104 \uf04c 2/17/25, 12:58 ARRESTED: Instructor at Oklahoma college fired, charged with kidnapping, rape 1/4 Court documents state that one victim said Luetkenhaus was her theater and arts professor, and that sometime in January 2018, Luetkenhaus reportedly sent her unsolicited, inappropriate photos via Snapchat. She also said that in August or September 2018, Luetkenhaus touched her inappropriately. She said she was distraught over the incident and was afraid to tell anyone about it. The victim said during the spring semester in 2019, Luetkenhaus sexually abused her in his workshop second victim told investigators that she became a student at the college in 2016. She reported years of, \u201csexual abuse, rape, sexual battery and non-consensual sexual encounters between the years 2016 to present, by Luetkenhaus,\u201d according to court documents. The victim said she was scared and had been threatened by Luetkenhaus, and that if he were to discover that she told officials anything, he would kill her, according to court documents. Recommended William Byron avoids late wrecks to win 2nd straight Daytona 500 for Hendrick Motorsports Tonkawa police said in a Facebook post that as this investigation continues, they anticipate additional charges and additional victims. In a letter sent to the community, President Cheryl Evans said Luetkenhaus is banned from the campus and that professional counselors were on campus Monday. The college has arranged for counseling support for any victims traumatized by the situation. Read the full letter below: \u201cNorthern Oklahoma College officials announced today that Mr. Anthony Luetkenhaus is no longer employed at Northern Oklahoma College. After further investigation and proven violations of policies, he was terminated from his employment at on Monday, May 3, within three business days of the onset of this investigation. \u201cAdditionally President Dr. Cheryl Evans said that Luetkenhaus is banned from the campus for the protection of the campus community. In a campus announcement sent out earlier today, Dr. Evans provided resources from both and the area communities. \u201cProfessional counselors were on campus Monday and the college has arranged for counseling support for any victims traumatized by the situation. Students and employees are encouraged to contact Mr. Jason Johnson, Vice President for Student Affairs/Title Coordinator for counseling referral information. \u201c'Our campus community is heartbroken for the victims in the allegations against Tony Luetkenhaus and are fully cooperating with the Tonkawa Police Department in the investigation. We are doing everything we can so justice is served and we can begin the healing process,'\u201d said President Evans. \u201c'We want to thank the courageous people who stepped forward to report their experiences. Our College is a safer place because of your bravery.\u2019 \u201cCampus spokesperson Sheri Snyder stated, \u2018There is limited information that can be shared because of the ongoing investigation and employment law. The investigation with Tonkawa Police Department is ongoing and we are being as transparent as possible.\u2019\u201d 2/17/25, 12:58 ARRESTED: Instructor at Oklahoma college fired, charged with kidnapping, rape 2/4 Flu activity reaches a new peak, latest data shows Thousands fired in President Trump, Musk federal government purge NTSB: Helicopter crew in collision with plane may not have heard key instruction from tower Comparing Amazon Presidents Day deals to Black Friday deals \uf09a \uf099 \uf16a 2/17/25, 12:58 ARRESTED: Instructor at Oklahoma college fired, charged with kidnapping, rape 3/4 Contact Us News Team Apps & Social Email Alerts Careers Internships Advertise Digital Advertising Terms & Conditions Broadcast Terms & Conditions Reports Captioning Contacts Public Inspection File Public File Assistance Applications News Policy Statements Hearst Television participates in various affiliate marketing programs, which means we may get paid commissions on editorially chosen products purchased through our links to retailer sites. \u00a92025, Hearst Television Inc. on behalf of KOCO-TV. Privacy Notice Your California Privacy Rights Interest-Based Ads Terms of Use Site Map 2/17/25, 12:58 ARRESTED: Instructor at Oklahoma college fired, charged with kidnapping, rape 4/4"} |
8,473 | Justin X. Carroll | Washington University – St. Louis | [
"8473_101.pdf",
"8473_102.pdf",
"8473_103.pdf"
] | {"8473_101.pdf": "University City Man Sentenced on Child Pornography Charges Thursday, October 26, 2017 For Immediate Release U.S. Attorney's Office, Eastern District of Missouri St. Louis \u2013 Justin X. Carroll, was sentenced today to 54 months in prison for viewing 15 child porn videos and more than 600 images of children engaged in sex acts. According to court documents, federal investigators discovered a group of child pornography sharers and were able to identify Carroll as one of the participants by tracing addresses to computers at his residence and Washington University, where Carroll served as Associate Vice Chancellor for Student Affairs. Washington University has cooperated with the investigation. Carroll, 67, of University City, pled guilty on July 31, 2017, to one felony count of access with intent to view child pornography. This case was investigated U.S. Immigration and Customs Enforcement\u2019s (ICE) Homeland Security Investigations (HSI). Assistant United States Attorney Rob Livergood is handling the case for the U.S. Attorney's Office. Updated October 26, 2017 2/17/25, 12:59 Eastern District of Missouri | University City Man Sentenced on Child Pornography Charges | United States Department of Justice 1/3 Topic Component - Missouri, Eastern Man Once on FBI\u2019s Most Wanted Fugitives List Appears in Court in St. Louis Donald Eugene Fields was federally indicted on Dec. 7, 2022. February 14, 2025 St. Charles Man Sentenced to Prison, Ordered to Pay $170,500 to Child Pornography Victims Brian Larkin was sentenced to 72 months in prison, fined and ordered to pay $170,500 in restitution to child pornography victims. February 10, 2025 Related Content 2/17/25, 12:59 Eastern District of Missouri | University City Man Sentenced on Child Pornography Charges | United States Department of Justice 2/3 Missouri Sex Offender Admits Possessing, Sending Child Pornography Stephen Watters admitted possessing child sexual abuse material and sending it to his girlfriend\u2019s father. February 7, 2025 Eastern District of Missouri Main Office: Thomas Eagleton U.S. Courthouse 111 S. 10th Street, 20th Floor St. Louis 63102 Email St. Louis: (314) 539-2200 Cape Girardeau: (573) 334-3736 TDD: (314) 539-7690 2/17/25, 12:59 Eastern District of Missouri | University City Man Sentenced on Child Pornography Charges | United States Department of Justice 3/3", "8473_102.pdf": "Leadership changes in Division of Student Affairs Carroll to retire after 36 years with the university By Diane Toroian Keaggy \uff5c January 10, 2017 Brookings Hall Justin Carroll, associate vice chancellor for student affairs/dean of students and interim athletics director, has announced his retirement, effective Feb. 1. Carroll is a 36-year veteran of Washington University in St. Louis, contributing to the development of the university\u2019s acclaimed residential life and athletics programs. Karen Levin Coburn, currently senior consultant in residence and formerly assistant vice chancellor for students and associate dean for the freshman transition, will serve as interim associate vice chancellor until a successor to Carroll is named. She will oversee Habif Health and Wellness Center, the Relationship and Sexual Violence Prevention (RSVP) Center and the WashU Cares program. Coburn is the co-author of \u201cLetting Go Parents\u2019 Guide to Understanding the College Years\u201d and leads the popular \u201cLetting Go\u201d orientation program for parents. She joined the university in 1987. The Source 2/17/25, 12:59 Leadership changes in Division of Student Affairs - The Source - WashU 1/2 Chris Peacock, currently deputy director of athletics, will serve as interim athletics director, overseeing Intercollegiate Athletics and the Office of Recreation search is currently underway for a permanent athletics director. Peacock joined the university in 2014 and has 20 years of athletic administration experience search committee led by Lori White, vice chancellor for student affairs, is managing the process for naming a permanent athletics director. Carroll joined Washington University in 1981 as director of student activities and soon took leadership of the university\u2019s office of housing and residential life, where he helped open 20 new residence facilities. Washington University\u2019s residential colleges are perennially ranked among the nation\u2019s best. More recently, Carroll oversaw construction of the new Gary M. Sumers Recreation Center, a state-of-the-art facility where students, faculty, staff and alumni exercise, play sports and socialize. In 2007, Carroll received the College of Arts & Sciences\u2019 Dean\u2019s Award and, in 2008, Student Union named Carroll \u201cAdministrator of the Year.\u201d \u00a92025 Washington University in St. Louis 2/17/25, 12:59 Leadership changes in Division of Student Affairs - The Source - WashU 2/2", "8473_103.pdf": "5293-bdd6-ec36b7d6cc52.html Former Washington University dean sentenced for child porn The Associated Press Oct 26, 2017 former dean at Washington University in St. Louis has been sentenced to 4 1/2 years in prison in a federal child pornography case. Justin Carroll was sentenced Thursday. He pleaded guilty in June to one count of access with intent to view child pornography. Carroll is a 67-year-old former dean of students who spent 36 years at Washington University. He was indicted in January, placed on leave that month, and formally retired in February. 2/17/25, 12:59 Former Washington University dean sentenced for child porn | News | komu.com 1/2 Federal prosecutors say Carroll was part of a group of people who shared child pornography online. He admitted viewing more than 15 child porn videos and more than 600 images of children engaged in sex acts. 2/17/25, 12:59 Former Washington University dean sentenced for child porn | News | komu.com 2/2"} |
7,443 | Peter Nwankwo | Mississippi Valley State University | [
"7443_101.pdf"
] | {"7443_101.pdf": "From Casetext: Smarter Legal Research Matthews v. Nwankwo United States District Court, N.D. Mississippi, Greenville Division. Jul 29, 2014 36 F. Supp. 3d 718 (N.D. Miss. 2014) Copy Citation Download Check Treatment Delegate legal research to CoCounsel, your new legal assistant. Try CoCounsel free No. 4:13\u2013CV\u20130007\u2013DMB\u2013JMV. 2014-07-29 Ramona MATTHEWS, Plaintiff v. Peter NWANKWO; and Mississippi Valley State University, Defendants James C. Patton, Jr., Patton Law Office, Starkville, MS, for Plaintiff. James T. Metz, Purdie & Metz, PLLC, Ridgeland, MS, for Defendants. Sign In Search all cases and statutes... Opinion Summaries Case details 2/17/25, 12:59 Matthews v. Nwankwo, 36 F. Supp. 3d 718 | Casetext Search + Citator 1/12 Motion denied. *720 James C. Patton, Jr., Patton Law Office, Starkville, MS, for Plaintiff. James T. Metz, Purdie & Metz, PLLC, Ridgeland, MS, for Defendants. 720 M. BROWN, District Judge. This is a sex discrimination action brought under Title of the Education Amendments of 1972, 20 U.S.C. \u00a7 1681 et seq., by Plaintiff Ramona Matthews against her former college professor, Peter Nwankwo; and her former educational institution, Mississippi Valley State University (\u201cMVSU\u201d). Plaintiff alleges that Nwankwo sexually harassed her; that she complained to about the harassment; and that following her complaint assigned her to additional classes with Nwankwo and did not timely remove her from his class. Doc. # 1; Doc. # 18\u20131. Before the Court is MVSU's motion for summary judgment. Doc. # 15. I. Motion for Summary Judgment Standard \u201cSummary judgment is appropriate when there are no genuine issues as to any material facts, and the moving party is entitled to judgment as a matter of law.\u201d Norwegian Bulk Transport v. International Marine Terminals Partnership, 520 F.3d 409, 411 (5th Cir.2008) (citing Celotex Corp. v. Catrett, 477 U.S. 317, 322\u201323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986)). To award summary judgment, \u201c[a] court must be satisfied that no reasonable trier *721 of fact could find for the nonmoving party or, in other words, that the evidence favoring the nonmoving party is insufficient to enable a reasonable jury to return a verdict in her favor.\u201d Id. at 411\u201312 (internal quotation marks omitted). To this end, \u201c[t]he moving party bears the burden of establishing that there are no genuine issues of material fact.\u201d Id. at 412. 721 2/17/25, 12:59 Matthews v. Nwankwo, 36 F. Supp. 3d 718 | Casetext Search + Citator 2/12 \u201cIf, as here, the nonmoving party bears the burden of proof at trial, the moving party may demonstrate that it is entitled to summary judgment by submitting affidavits or other similar evidence negating the nonmoving party's claim, or by pointing out to the district court the absence of evidence necessary to support the nonmoving party's case.\u201d Morris v. Covan World Wide Moving, Inc., 144 F.3d 377, 380 (5th Cir.1998). If the moving party makes the necessary demonstration, \u201cthe burden shifts to the nonmoving party to show that summary judgment is inappropriate.\u201d Id. In making this showing, \u201cthe nonmoving party must go beyond the pleadings and by her 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.\u201d Cotroneo v. Shaw Env't & Infrastructure, Inc., 639 F.3d 186, 191\u201392 (5th Cir.2011) (internal punctuation omitted). When considering a motion for summary judgment, the Court \u201cresolve[s] factual controversies in favor of the nonmoving party.\u201d Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir.1994). In the same vein, \u201cthe court views all inferences drawn from the factual record in the light most favorable to the nonmoving party.\u201d Tiblier v. Dlabal, 743 F.3d 1004, 1007 (5th Cir.2014). II. Relevant Facts In 2006, a student at Defendant made an allegation of sexual harassment against Defendant Peter Nwankwo, then a professor at MVSU. Doc. # 15\u20131 at \u00b6 3. The allegation stemmed from the way the student was \u201caddressed\u201d by Nwankwo. Id. Later, the student informed the school that the complaint was a \u201cmisunderstanding.\u201d Id. At the start of MVSU's spring 2010 semester, Plaintiff Ramona Matthews was a student in one of Nwankwo's classes. Doc. # 18\u20131 at \u00b6 2. Sometime in January or February of that year, Nwankwo touched Plaintiff's buttocks and then attempted to kiss Plaintiff. Id. at \u00b6 10; Doc. # 15\u20131 at \u00b6 6. On February 22, 2010, Plaintiff complained to Jerrick L. Hornbeak, MVSU's Assistant Vice President for Student Affairs regarding Nwankwo's conduct. Doc. # 15\u20131 at \u00b6 6. Sometime after, Plaintiff filed a complaint with MVSU's police department and with the Sheriff's Department of Leflore County, Mississippi. Doc. # 18\u20131 at \u00b6 3. 2/17/25, 12:59 Matthews v. Nwankwo, 36 F. Supp. 3d 718 | Casetext Search + Citator 3/12 Plaintiff's complaint was handled internally at by Elizabeth Hurssey, an Assistant Director at MVSU's Department of Human Resources. Doc. # 15\u20132 at \u00b6\u00b6 1, 3. As a part of her investigation, Hurssey conducted interviews with students in Nwankwo's classes. Id. at \u00b6 6. Hurssey also \u201cobtained information\u201d from Plaintiff and Nwankwo. Id. at \u00b6\u00b6 4, 7. Sometime before March 11, 2010, Hurssey became aware that two additional students accused Nwankwo of harassment. Id. at \u00b6\u00b6 4, 5. More specifically, Hurssey's investigation revealed that \u201csome students stated ... Nwankwo made inappropriate comments.\u201d Id. at \u00b6 6. Plaintiff alleges that during *722 the investigation she met with two individuals, \u201cDr. Stevenson and Dr. Shingles,\u201d and that Dr. Shingles told Plaintiff \u201cthat he knew that there were problems with Dr. Nwankwo.\u201d Doc. # 18\u20131 at \u00b6 7. During the pendency of the investigation, Defendant prohibited contact between Nwankwo and Plaintiff. Doc. # 15\u20131 at \u00b6 5. 1 722 2 1 It is unclear whether the students who alleged inappropriate comments were the same students who earlier accused Nwankwo of harassment. 2 The first names and positions of Drs. Stevenson and Shingles are not apparent from the record. At the end of her investigation, Hurssey determined she \u201ccould not conclude that ... Nwankwo had severely and pervasively harassed [Plaintiff] based on sex.\u201d Doc. # 15\u20132 at \u00b6 7. However, Hurssey believed that Nwankwo \u201cmay have put himself in a compromising position.\u201d Id. Based on this conclusion, Hurssey \u201cinstructed\u201d Nwankwo on policies concerning Student Relationships and the Harassment Policy and Procedure [and] outlined additional steps to be taken by to educate all employees and students concerning harassment.\u201d Id. With approximately three weeks left in the semester, Plaintiff was informed of the results of the investigation and then removed from Nwankwo's class. Doc. # 18\u20131 at \u00b6 5. Additionally \u201crequired that all class assignments of [Plaintiff] be channeled through\u201d Dr. Saliba Mukoro, Chair of the Department of Criminal Justice. Doc. # 15\u20131 at \u00b6\u00b6 4\u20135. The students who expressed concerns regarding Nwankwo, including Plaintiff, were moved 2/17/25, 12:59 Matthews v. Nwankwo, 36 F. Supp. 3d 718 | Casetext Search + Citator 4/12 into independent study classes under Dr. Mukoro. Doc. # 15\u20131 at \u00b6 7. Although Plaintiff was removed from Nwankwo's spring class, she was re- assigned to his classes for MVSU's June and July summer sessions \u201cover [her] objections.\u201d Doc. # 18\u20131 at \u00b6 5. On August 12, 2010, Nwankwo was \u201creleased from his contract\u201d with MVSU. Doc. # 15\u20131 at \u00b6 8. The record contains no information about the reason for Nwankwo's release. On January 18, 2013, Plaintiff filed a single-count complaint against and Nwankwo for violation of her rights under Title of the Education Amendments Act of 1972. Doc. # 1. On September 26, 2013 filed the instant motion for summary judgment seeking dismissal of the sole count of Plaintiff's complaint. Doc. # 15. III. Analysis Title provides, in relevant part, that \u201c[n]o person ... shall, on the basis of sex, be ... subjected to discrimination under any education program or activity receiving Federal financial assistance.\u201d 20 U.S.C. \u00a7 1681(a). \u201c[T]he Supreme Court has held that Title is ... enforceable through an implied private right of action [and] that sexual harassment of a student by a teacher constitutes actionable discrimination for the purposes of Title IX.\u201d Doe ex rel. Doe v. Dallas Indep. Sch. Dist., 220 F.3d 380, 383 (5th Cir.2000) (citing Franklin v. Gwinnett Cnty. Pub. Sch., 503 U.S. 60, 112 S.Ct. 1028, 117 L.Ed.2d 208 (1992)). Where a student asserts a Title claim arising from sexual harassment by a teacher, \u201ca damages remedy [against the educational institution] 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*723 to respond.\u201d Doe, 220 F.3d at 383\u201384 (quoting Gebser v. Lago Vista Indep. Sch. Dist., 524 U.S. 274, 280, 118 S.Ct. 1989, 141 L.Ed.2d 277 (1998)). In order for liability to attach, \u201cthe response must amount to deliberate indifference to discrimination.\u201d Id. at 384. 723 2/17/25, 12:59 Matthews v. Nwankwo, 36 F. Supp. 3d 718 | Casetext Search + Citator 5/12 To defeat a motion for summary judgment as to a student-teacher harassment claim, a plaintiff must introduce evidence to create a genuine issue of material fact that an individual: (1) had authority to address the alleged harassment and to institute corrective measures on the institution's behalf; (2) had actual notice of the harassment; and (3) acted with deliberate indifference with regard to the harassment. Id contends that Plaintiff was not sexually harassed within the meaning of Title IX, and that even if she had been harassed, the school did not act with deliberate indifference. A. Title IX's Sexual Harassment Standard Defendants, citing Estate of Brown v. Ogletree, No. 11\u2013cv\u20131491, 2012 591190 (S.D.Tex. Feb. 21, 2012), contend that, as a threshold matter, a Title plaintiff must show the alleged harassment was \u201csevere, pervasive, and objectively offensive.\u201d Doc. # 16 at 6. However, Estate of Brown involved a case of a student harassing another student, not, as here, a teacher harassing a student. Where a student alleges sexual harassment of a student by a teacher, courts are split on whether the severe and pervasive standard applies. Compare, e.g., Sauls v. Pierce Cnty. Sch. Dist., 399 F.3d 1279, 1284 (11th Cir.2005) (\u201cBecause this case involves teacher-on-student harassment, Appellants need not establish [the] misconduct was \u2018so severe, pervasive, and objectively offensive\u2019 that it denied Dustin equal access to educational programs or opportunities.\u201d), with Jennings v. Univ. of N.C., 482 F.3d 686, 695 (4th Cir.2007) (requiring severe and pervasive showing where student alleged sexual harassment by her coach), and Escue v Coll., 450 F.3d 1146, 1152 (10th Cir.2006) (same). The Fifth Circuit does not appear to have ruled on the applicable standard for sexual harassment claims brought under Title IX. However, in Rowinsky v. Bryan Indep. Sch. Dist., a panel wrote that in Franklin v. Gwinnett County Public Schools, 503 U.S. 60, 112 S.Ct. 1028, 117 L.Ed.2d 208 (1992): the [Supreme Court] acknowledged that an educational institution receiving federal funds intentionally violates Title and engages in sex discrimination against which the statute affords protection when it knowingly fails to take reasonable steps within its power to prevent the sexual harassment or abuse of a student by a teacher that is so severe or pervasive that it creates a hostile and harmful school atmosphere for that 2/17/25, 12:59 Matthews v. Nwankwo, 36 F. Supp. 3d 718 | Casetext Search + Citator 6/12 student. By citing Meritor Savings Bank v. Vinson, 477 U.S. 57, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986) ], in which the Court held that a claim of \u201chostile environment\u201d sex discrimination is actionable under Title VII, as analogous precedent for its interpretation of Title IX, the Court indicated that standards similar to those applied or adverted to in Meritor are appropriate criteria for determining when there has been a violation of Title giving rise to a claim of \u201chostile environment\u201d sex discrimination. 80 F.3d 1006, 1019\u201320 (5th Cir.1996) (emphasis added), overruled on other grounds sub nom. Davis v. Monroe Cnty. Bd. of Educ., 526 U.S. 629, 119 S.Ct. 1661, 143 L.Ed.2d 839 (1999). Although Rowinsky concerned harassment of a student by a student, its *724 interpretation of Franklin, a teacher-harasser case, remains the Fifth Circuit's most significant pronouncement on the standard to be applied in Title cases alleging harassment of a student by a teacher. Following this direction, this Court concludes that sexual harassment by a teacher of a student is actionable only when it is so severe or pervasive that it creates a hostile and harmful school atmosphere for that student. This Court further concludes that Title case law provides the proper general framework for evaluating whether the alleged harassment meets the foregoing standard. See Rowinsky, 80 F.3d at 1019\u201320. 724 To meet the severe/pervasive requirement under Title VII, \u201ccourts consider the totality of the circumstances, including (1) the frequency of the discriminatory conduct; (2) its severity; (3) whether it is physically threatening or humiliating, or merely an offensive utterance; and (4) whether it interferes with an employee's work performance.\u201d E.E.O.C. v Enters., Inc., 496 F.3d 393, 400 (5th Cir.2007). Applying a Title VII-based framework to teacher-student harassment cases, the Fourth Circuit considers \u201cthe 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.\u201d Jennings, 482 F.3d at 696. Insofar as the Fourth Circuit's test represents application of the Fifth Circuit's Title factors in a student- teacher context, this Court will evaluate Plaintiff's claims under the framework set forth in Jennings. 2/17/25, 12:59 Matthews v. Nwankwo, 36 F. Supp. 3d 718 | Casetext Search + Citator 7/12 The ages of Nwankwo and Plaintiff are not in the record and thus do not provide a basis to decide the harassment issue. However, Nwankwo's position as Plaintiff's professor weighs strongly in favor of a finding of actionable harassment. See Moeck v. Pleasant Valley Sch. Dist., 983 F.Supp.2d 516, 530 (M.D.Pa.2013) (\u201cOne might argue that sexual harassment from a teacher toward a student is always inappropriate and should be actionable under Title under a lesser standard than pervasive and severe.\u201d) (internal quotation marks omitted). As to the nature of the harassment, the record reflects that on a single occasion, Nwankwo grabbed Plaintiff's buttocks and attempted to kiss her. While this was an isolated incident, single severe incidents of misconduct may satisfy the harassment standard & M, 496 F.3d at 400 (\u201cUnder the totality of the circumstances test, a single incident of harassment, if sufficiently severe, could give rise to a viable Title claim as well as a continuous pattern of much less severe incidents of harassment.\u201d). In this regard, \u201cthe deliberate and unwanted touching of [a person's] intimate body parts can constitute severe sexual harassment.\u201d Harvill v. Westward Communications, L.L.C., 433 F.3d 428, 436 (5th Cir.2005). Likewise, such conduct is both physically threatening and humiliating. See Lockard v. Pizza Hut, Inc., 162 F.3d 1062, 1072 (10th Cir.1998) (\u201cGrabbing Ms. Lockard's hair and breast ... is physically threatening and humiliating behavior.\u201d). Finally, there can be no doubt that Nwankwo's conduct deprived Plaintiff of educational opportunities. As a result of Nwankwo's actions, Plaintiff's class schedule was disrupted and she suffered \u201cmental anguish and emotional distress\u201d due to Nwankwo's sexual advances. Doc. # 18\u20131 at \u00b6\u00b6 5, 10. For the foregoing reasons, this Court concludes that, under the totality of the circumstances, there is a genuine issue of material fact as to whether Nwankwo's conduct was sufficiently severe to be deemed sexual harassment under Title IX.*725 725 B. Deliberate Indifference Having found a genuine issue of material fact as to the existence of harassment, the question becomes whether acted with deliberate indifference to such conduct. Doe, 220 F.3d at 383\u201384. To this end 2/17/25, 12:59 Matthews v. Nwankwo, 36 F. Supp. 3d 718 | Casetext Search + Citator 8/12 contends that its actions\u2014an investigation, the changing of Plaintiff's class assignments, the placement of Plaintiff in an independent study class, and the \u201cinstruction\u201d of Nwankwo on relevant policies\u2014preclude a finding of deliberate indifference. Doc. # 16 at 8\u20139. Plaintiff, citing no authority, responds that there is a genuine issue of material fact as to deliberate indifference because her removal from Nwankwo's class occurred with only three weeks left in the semester and that she was placed in Nwankwo's class for the following term. Doc. # 18 at 2. \u201c[T]he deliberate indifference standard is a high one.... Officials may avoid liability under a deliberate indifference standard by responding reasonably to a risk of harm, even if the harm ultimately was not averted.... [D]etermining what constitutes appropriate remedial action for allegations of discrimination in Title cases will necessarily depend on the particular facts of the case.\u201d Dallas Indep. Sch. Dist., 220 F.3d at 384. \u201cDeliberate indifference may be found both when the defendant's response to known discrimination is clearly unreasonable in light of the known circumstances ... and when remedial action only follows after a lengthy and unjustified delay.\u201d Hayut v. State Univ. of New York, 352 F.3d 733, 751 (2d Cir.2003) (internal quotation marks omitted). On February 22, 2010, Plaintiff notified MVSU's Vice President of Nwankwo's conduct. Sometime before March 10, 2010, two additional students alleged harassment against Nwankwo. Approximately three weeks before the end of the semester removed Plaintiff from Nwankwo's class. Following the completion of an investigation which was found to have failed to establish actionable harassment, but concluded that Nwankwo \u201cput himself in a compromising position,\u201d Nwankwo was instructed on relevant sexual harassment policies, and Plaintiff was reassigned to Nwankwo's class over her objections. As an initial matter, to the extent Plaintiff challenges the actual investigation of Nwankwo and his subsequent discipline, the Court finds no evidence of deliberate indifference in MVSU's actions. The record reflects that MVSU's investigation involved interviews with numerous relevant persons (including collecting information from Plaintiff and Nwankwo) and that such investigation yielded a conclusion that Nwankwo did not harass 2/17/25, 12:59 Matthews v. Nwankwo, 36 F. Supp. 3d 718 | Casetext Search + Citator 9/12 Plaintiff within the meaning of the law. Based on this conclusion instructed Nwankwo on relevant sexual harassment guidelines, and allowed him to continue teaching. This is not deliberate indifference. See Owens v. Dillard University, No. 01\u20133432, 2002 1822932, at *3 (E.D.La. Aug. 8, 2002) (no deliberate indifference where, following a complaint of sexual harassment, college interviewed complainant and alleged harassing professor, determined there was no actionable harassment but that professor had engaged in conduct which had \u201cthe appearance of impropriety,\u201d and then instructed professor on relevant policies). However, the investigation and Nwankwo's discipline do not comprise the entirety of Defendant's response to Plaintiff's complaint. Rather, the record reflects that, at the conclusion of an investigation which revealed that Nwankwo put himself in a \u201ccompromising position\u201d with Plaintiff, Defendant returned Plaintiff to Nwankwo's class over Plaintiff's objections. Upon consideration, the Court concludes that there is a genuine issue of *726 material fact as to whether this decision was clearly unreasonable under the circumstances. See generally Theriault v. Univ. of S. Maine, 353 F.Supp.2d 1, 14\u201315 (D.Me.2004) (noting that, \u201c[w]ithout more\u201d plaintiff could not show deliberate indifference where she and exonerated alleged harasser registered for the same class and were later separated). 726 Furthermore, while MVSU's discipline tends not to suggest deliberate indifference, delays in instituting remedial actions may constitute deliberate indifference under Title IX. Zeno v. Pine Plains Cent. Sch. Dist., 702 F.3d 655, 669 n. 13 (2d Cir.2012) (collecting cases). In this regard, an unjustified delay of less than a month in separating a harasser from his victim may be evidence of deliberate indifference. Doe ex rel. Doe v. Derby Bd. of Educ., 451 F.Supp.2d 438, 447 (D.Conn.2006 was aware of Plaintiff's allegations on February 22, 2010, but did not remove Plaintiff from Nwankwo's class until three weeks before the end of the spring semester. It is unclear when three weeks before the end of the semester fell. However, drawing every reasonable inference in favor of the Plaintiff, the Court finds that Plaintiff was removed from Nwankwo's class sometime in April or May of 2010. No justification for this delay (about two to three months) appears in the record. Upon consideration, the Court 2/17/25, 12:59 Matthews v. Nwankwo, 36 F. Supp. 3d 718 | Casetext Search + Citator 10/12 concludes that MVSU's delay in removing Plaintiff from Nwankwo's class creates a genuine issue of material fact regarding deliberate indifference. Compare Derby Bd. of Educ., 451 F.Supp.2d at 447 (approximately four-week unjustified delay evidence of deliberate indifference), with Owens, 2002 1822932, at *3 (delay of less than week in removing victim from class not deliberate indifference). IV. Conclusion For the reasons above, the Court concludes that Plaintiff has shown a genuine issue of material fact as to whether showed deliberate indifference to sexual harassment following Plaintiff's complaint of sexual harassment. Accordingly, MVSU's motion for summary judgment is DENIED. About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings 2/17/25, 12:59 Matthews v. Nwankwo, 36 F. Supp. 3d 718 | Casetext Search + Citator 11/12 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, 12:59 Matthews v. Nwankwo, 36 F. Supp. 3d 718 | Casetext Search + Citator 12/12"} |
7,373 | Reginald Robinson | Howard University | [
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] | {"7373_101.pdf": "University Rips Law Prof over Brazilian Wax Exam Question longtime professor at Howard University School of Law has been ordered to attend sensitivity training and submit future exam questions for administrative review after several students complained about graphic test question involving a Brazilian wax. July 10, 2017 at 01:41 3 minute read By longtime professor at Howard University School of Law has been ordered to attend sensitivity training and submit future exam questions for administrative review after several students complained about graphic test question involving a Brazilian wax university administrator in May concluded that the Reginald Robinson's test question, which appeared on a 2015 quiz in his agency law course, constituted sexual harassment. The university found problems with the question's language, including the word \u201cgenital,\u201d and because some students felt the question\u2014which was part of an intermediate exam used to foster classroom discussion\u2014was intended to force them to reveal 2/17/25, 1:00 University Rips Law Prof over Brazilian Wax Exam Question 1/9 whether they had had similar waxes themselves. (Read the test question here.) Meanwhile, the Foundation for Individual Rights in Education, which advocates for civil liberties on campus, has taken up Robinson's cause, arguing that the finding of sexual harassment imperils faculty rights and the education Howard law students receive. The foundation in June unsuccessfully called for Howard to rescind the sanctions against Robinson, who has taught at the law school since 1994. This content has been archived. It is available through our partners, LexisNexis\u00ae and Bloomberg Law. To view this content, please continue to their sites. Go To Lexis \u2192 Not a Lexis Subscriber? Subscribe Now Go To Bloomberg Law \u2192 Not a Bloomberg Law Subscriber? Subscribe Now Why am seeing this \u00a9 2025 Global, LLC, All Rights Reserved. Request academic re-use from All other uses, submit a request to asset-and-logo-licensing@alm.com. For more information visit Asset & Logo Licensing. You Might Like 2/17/25, 1:00 University Rips Law Prof over Brazilian Wax Exam Question 2/9 December 19, 2024 Longtime Georgetown Law Dean to Step Down in 2025 By Sarah Tincher-Numbers 2 minute read 2/17/25, 1:00 University Rips Law Prof over Brazilian Wax Exam Question 3/9 November 27, 2024 So You Want to Be a Tech Lawyer? 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Unlimited access to Law.com 1 free article* across the subscription network every 30 days Access to additional free publications Exclusive discounts on events and publications Already have an account? Sign In Breaking news and trends for law firms and legal departments about the evolving federal regulations in a volatile political climate The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. About Us Contact Us Site Map Asset & Logo Licensing Advertise With Us Customer Service Terms of Service Privacy Policy Copyright \u00a9 2025 Global, All Rights Reserved Join National Law Journal 2/17/25, 1:00 University Rips Law Prof over Brazilian Wax Exam Question 9/9", "7373_102.pdf": "Case Law ( Robinson v. Howard Univ., Inc., Case No. 1:18-cv-00518 (TNM) Decision Date 20 November 2018 Docket Number Case No. 1:18-cv-00518 (TNM) Citation 335 F.Supp.3d 13 Parties Reginald Leamon ROBINSON, Plaintiff, v UNIVERSITY, INC. et al., Defendants. Court U.S. District Court \u2014 District of Columbia Your World of Legal Intelligence (/) United States | 1-800-335-6202 Document Cited authorities 37 Cited in 9 Precedent Map Related 335 F.Supp.3d 13 Reginald Leamon ROBINSON, Plaintiff, v UNIVERSITY, INC. et al., Defendants. Case No. 1:18-cv-00518 (TNM) United States District Court, District of Columbia. Signed November 20, 2018 Reginald Leamon Robinson, Silver Spring, MD, pro se. Michelle Marie McGeogh, Timothy F. McCormack, Ballard Spahr LLP, Baltimore, MD, for Defendant N. MCFADDEN, U.S.D.J. This is a case about a professor's poor choices and the disciplinary actions that followed. Reginald Robinson is a tenured law professor at Howard University. During a lecture on agency law, he distributed a quiz to his class. One of the quiz questions described in graphic detail types of body waxes and the way aestheticians perform them. Mr. Robinson called on two female students to discuss their answers to the question. They later reported that the exchange made them feel uncomfortable and that at least one other student had left the classroom. After investigating, University officials determined that the question 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 was indeed inappropriate and issued Mr. Robinson a confidential letter of reprimand . He was also required to participate in sensitivity training, to submit future quiz and exam questions to the Dean's Office for approval, and to have a few of his future lectures monitored. Impenitent, Mr. Robinson sued the University and various University officials. He alleges breach of contract, bad faith, violations Title of the Education Amendments Act of 1972 (\"Title IX\"), sex discrimination, intentional infliction of emotional distress, and other claims. The Court will dismiss some of these allegations for failure to state a claim. Because the Defendants are entitled to judgment as a matter of law, and because they have shown that there is no genuine dispute as to any material fact, the Court will grant the Defendants summary judgment on the remainder of Mr. Robinson's claims. I. In the fall of 2015, Mr. Robinson taught a course called \"Agency, Partnerships, and Other Unincorporated Business Associations.\" Am. Compl. 13 No. 19. To test students' understanding of the concepts covered, he often used in-class quizzes. Id. \"Meaningful participation\" in these evaluations \"require[d] students to reveal their choices and to defend those choices based on the legal principles and relevant/material facts.\"Id. at 13-14. The relevant part of the quiz question at issue said: Among other services offered Brazilian and bikini waxes \u2013 sometimes called \"Sphynx,\" bare waxing, or Hollywood waxing looked confused, and so explained that a Full Brazilian (\"FB\") would render hairless from belly button to buttocks, and a required [that would be naked from the waist down required to touch T's body and to adjust T's body so that could access every follicle of pubic hair. Next explained a Modified Brazilians [sic left a thin strip of hair at the top of T's genitalia, viz. , a \"landing strip opted for again told that would have to touch T's genitals to complete the waxing agreed, and signed the service contract and initialed the space for acknowledging A's information got undressed in a private salon, where also drank hot herbal tea. At A's behest, T, w [sic] who was waist down naked, got on the waxing table. Once on the table, with instrumental tones wafting drifted into light sleep completed the FB. Upon awaking felt physically uncomfortable, asking if had touched improperly.... [W]ill the court find in favor of T? Am. Compl. Ex. 9 No. 13 at 162-163.1 Mr. Robinson called on a female student who suggested that would not sleep\" during the sort of procedure described. Am. Compl. Ex. 25 No. 13 at 208. The professor pressed her to answer the question, as he \"still wanted to know what choice she had made.\" Id. He also sought an answer to the hypothetical from a second female student, before moving on to the remainder of his lecture. Id. at 208- 209. The two students filed complaints against him with the University. Am. Compl. 3. Based on their allegations, Candi Smiley, the University's Deputy Title Coordinator, issued Mr. Robinson a Notice of Complaint. Compl. Ex. 10a No. 1 at 188. It said that the University's Title Office would investigate his conduct as required by federal law. Id. It specified that Mr. Robinson was alleged to have engaged in \"acts of sexual harassment\" and \"acts of gender-based discrimination\" in violation of the University's Title Policy. Id. And it explained that the \"charges will be \u2018sustained\u2019 if it is found that the important facts contained in an allegation are more likely true than not and that those facts violate one or more of\" the University's Title Policy standards. Id. at 189 (emphasis in original). The Notice also described Mr. Robinson's rights and the decision-making process. He had the right to submit a written response to the charges against him, to verbally present his position to the Deputy Title Coordinator, and to retain counsel for any interviews with the University. Id. at 190. The letter warned Mr. Robinson that the \"decision of the Title Decisional Authority is the final administrative action of the University and is not subject to appeal.\" Id. at 189-90. The \"Decisional Authority\" is \"the person or persons who will review the final Report of Investigation\" prepared by the Deputy Title Coordinator. Id. at 189 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 After completing her investigation, Ms. Smiley issued a Report of Investigation and Findings. See Defs.' Mot. to Dismiss or in the Alternative, Mot. for Summ. J. Ex. 1 No. 20 (\"Defs.' Mot.\").2 The Report concluded that \"there is sufficient evidence to determine Professor Reginald Robinson committed acts of Sexual Harassment in violation of the Title Policy.\" Id. at 3. Ms. Smiley found insufficient evidence to sustain the charge of gender discrimination. Id. The Report identified the University's Provost, Anthony Wutoh, as the Title Decisional Authority. Id. at 12. Upon completing his review, Mr. Wutoh issued a Notice of Findings. It informed Mr. Robinson that the University agreed with the Report's conclusions, and that he would therefore be subject to disciplinary action. Compl. Ex. 24 No. 1-1 at 47-48 confidential letter detailing his conduct, the actions taken, and the possible punishments for future violations of the Title Policy was \"placed in his file.\" Id. Mr. Robinson appealed this decision in a letter to Mr. Wutoh. Am. Compl. 24. In response, the Provost explained that, \"[i]n accordance with the Howard University Title Policy serve as the ... Title Decisional Authority. As with all cases carefully reviewed the recommendation from the Title Office before rendering a decision in this matter. The decision reached ... is final, and is not subject to reconsideration or appeal.\" Am. Compl. Ex. 13 No. 13 at 196. Dissatisfied, Mr. Robinson pursued several strategies to force a reversal of the decision. He sent \"his documents to a [sic] FIRE,\" a nonprofit organization he believed could help him \"end the sex discrimination he faced.\" Am. Compl. 25. He appealed the Provost's decision to the University's Faculty Grievance Commission. Id. And when these efforts failed, Mr. Robinson filed a gender discrimination claim against the University with the U.S. Equal Employment Opportunity Commission (the \"EEOC\"). See Dismissal and Notice of Rights, Compl. Ex. 31 No. 1-1 at 65. The dismissed his complaint, as it was \"unable to conclude that the information obtained establishes violations of the [applicable] statutes.\" Id. Mr. Robinson then filed this case. He accuses the University, Mr. Wutoh, Ms. Smiley, and Title Coordinator Vanessa Love of \"knowingly fraudulent,\" \"deliberately deceptive,\" and \"arbitrary and capricious\" conduct. Am. Compl. 1, 3. The operative complaint features several claims, including: \u2022 Breach of contract and the implied duty of good faith and fair dealing; \u2022 Erroneous outcome, deliberate indifference, and unlawful retaliation in violation of Title IX; \u2022 Sex discrimination in violation of Title of the Civil Rights Act of 1964; \u2022 Intentional and negligent infliction of emotional distress; \u2022 Negligence; and request for declaratory and injunctive relief styled as a claim. The Defendants maintain that the actions taken by the University complied with its Title Policy and all relevant laws. Thus, they moved to dismiss or, based on the extra-pleadings evidence before the Court, for summary judgment. See Defs.' Mot. at 9 n.3. II. Defendants may move to dismiss a complaint when it \"fail[s] to state a claim upon which relief can be granted.\" Fed. R. Civ. P. 12(b)(6 valid complaint must contain factual allegations that, if true, \"state a claim to relief that is plausible on its face.\" Bell Atl. Corp. v. Twombly , 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). Mere \"labels and conclusions\" or \"naked assertion[s] devoid of further factual enhancement\" are insufficient. Ashcroft v. Iqbal , 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) ( (quotations omitted). Rather, \"[a] claim has 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 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.\" Id. ( law.vlex.com/vid/ashcroft-v-iqbal-no-890935004) In evaluating a motion to dismiss, the Court must construe the complaint in the light most favorable to the plaintiff and accept as true all reasonable factual inferences drawn from well-pleaded allegations. In re United Mine Workers of Am. Emp. Benefit Plans Litig. , 854 F. Supp. 914, 915 (D.D.C. 1994). The Court need not, however, accept legal conclusions or mere conclusory statements as true. Iqbal , 556 U.S. at 678, 129 S.Ct. 1937 ( Evaluating a motion to dismiss is a \"context-specific task that requires the reviewing court to draw on its judicial experience and common sense.\" Id. at 679, 129 S.Ct. 1937 ( It \"may consider only the facts alleged 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 13 cases Search in 13 citing cases \uf014 Penkoski v. Bowser ( United States U.S. District Court \u2014 District of Columbia August 21, 2020 ...less protections from the court,\" Richards v. Duke Univ. , 480 F. Supp. 2d 222, 234 (D.D.C. 2007) ; see also Robinson v. Howard Univ., Inc. , 335 F. Supp. 3d 13, 22 (D.D.C. 2018), aff'd sub nom. Robinson v. Wutoh , 788 F. App'x 738 (D.C. Cir. 2019). Rule 8 of the Federal Rules of Civil Proc...... Penkoski v. Bowser ( United States U.S. District Court \u2014 District of Columbia July 12, 2021 ...to a non-attorney pro se plaintiff.\" See Richards v. Duke Univ. , 480 F. Supp. 2d 222, 234 (D.D.C. 2007) ; Robinson v. Howard Univ., Inc. , 335 F. Supp. 3d 13, 22 (D.D.C. 2018), aff'd sub nom. Robinson v. Wutoh , 788 F. App'x 738 (D.C. Cir. 2019). Any leeway does not extend to the evidence ...... Knight First Amendment Inst. at Columbia Univ. v. Centers for Disease Control & Prevention ( United States U.S. District Court \u2014 Southern District of New York September 17, 2021 ... ... Liberty Lobby, Inc. , 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d ... governing law, may affect the outcome of a case. Id. The moving party must establish the ... ... Manning v. Garland ( United States U.S. District Court \u2014 District of Columbia March 31, 2021 ...to state a claim request for declaratory judgment constitutes a form of relief, not a cause of action.\" Robinson v. Howard Univ., Inc., 335 F. Supp. 3d 13, 32 (D.D.C. 2018) (quoting Fitts v. Fed. Nat'l Mortg. Ass'n, 44 F. Supp. 2d 317, 330 (D.D.C. 1999)). Thus, \"the availability of decl...... 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", "7373_103.pdf": "(Branislav Ostojic | Dreamstime) Branislav Ostojic | Dreamstime Brazilian Waxing Hypothetical on Law Exam Leads to Harassment Charge Academic freedom stripped bare at Howard University | 7.14.2017 3:30 Howard University law professor Reginald Robinson is in a sticky situation after the university found him responsible for sexual harassment over an exam question involving a Brazilian wax. Robinson is just the latest professor to find himself accused of harassment on the basis of his germane classroom expression \u2014a disturbing trend that has profound implications for academic freedom and the quality of education at our nation's institutions of higher education. Robinson's exam question centered around an individual who fell asleep during a Brazilian wax and awoke with the sense that he or she had been touched improperly during the procedure. Two students filed a sexual harassment complaint against Robinson based on the hypothetical, and the university's Deputy Title investigator found him responsible, for reasons including the question's use of the word genital and also, inexplicably, the fact that \"the complainants felt that the hypothetical scenario was crafted in order to prompt them to reveal personal details about themselves.\" For his word crimes, Robinson was ordered to undergo sensitivity training, to submit to classroom monitoring, to have his academic materials reviewed by a dean \"for sexually suggestive and/or offensive material,\" and to have an official reprimand placed in his file. FIRE, where work, wrote to Howard in June to demand that the university reverse the sanctions against Robinson, but so far, there has been no response. To the uninitiated, Robinson's exam question may seem unusual. But wacky hypotheticals\u2014which involve convoluted fact patterns designed to tease out students' understanding of a variety of complex, intersecting legal issues\u2014are in fact a fixture of law school exams. One professor's sample torts exam, for example, features a car accident that takes place after \"Jimmy missed his ride home, so he walked across the street to to get a drink.\" Another professor poses a hypothetical based on a scenario in which a bar patron dislocates another customer's shoulder because he is \"infuriated that has spilled a tequila sunrise (a sissy drink that stains) on his best stonewashed authentic cowboy jeans.\" Yet another professor's criminal law exam asks students to assess the culpability of someone who drunkenly writes \"Call Zonker for good oral sex. $10 for ages 15 and up. Half price for under 15\" on a mall bathroom wall, and includes his own phone number\u2014but claims to have no memory of the event when he sobers up. And fact patterns like the one Robinson presents\u2014where something happens while someone is asleep, or unconscious, or under anesthesia\u2014are a useful and popular type of hypothetical because of the thorny legal issues they raise. The reality is that if you are an attorney, you are going to encounter uncomfortable, disturbing, and even sexually explicit content in the course of your work will never forget having to read a detailed autopsy report in my first job doing pharmaceutical litigation, and as someone who now does a lot of work on issues of campus sexual assault routinely read detailed descriptions of sexual encounters that would make even the most seasoned veteran blush. If a law student can't handle an exam hypothetical that includes the word genitals, that person should think seriously about whether or not law is the right profession for them\u2014because as a young associate at a law firm, you don't get to tell a partner that you won't work on a case for a big client because the facts squick you out. If law professors have to worry that every hypothetical scenario they lay out for students could result in formal discipline, legal education will suffer greatly as a result. We already know that because of the tense climate surrounding the discussion of sexual assault on campus, some law professors report being afraid to teach rape law, which is an essential part of any \uf09a\ue61b\uf1a1\uf0e0\uf02f\uf0c1 2/17/25, 1:00 Brazilian Waxing Hypothetical on Law Exam Leads to Harassment Charge 1/2 About Browse Topics Events Staff Jobs Donate Advertise Subscribe Contact Media Shop Amazon \uf09a\ue61b\uf16d\ue07b\uf167\uf3b5\uf44d\uf09e \u00a9 2024 Reason Foundation | Accessibility | Privacy Policy | Terms Of Use This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. criminal law course. We simply cannot allow the increasingly illiberal demands of students to determine what can and can't be taught at colleges and universities, let alone at professional schools. UPDATE: Shortly after this article was published, Robinson's attorney, Gaillard T. Hunt, released the following statement: \"We have discussed the case with the University and we believe we have reached a mutually satisfactory solution. Professor Robinson regrets if anyone was offended by the test question.\" Start your day with Reason. Get a daily brief of the most important stories and trends every weekday morning when you subscribe to Reason Roundup. Email Address Submit NEXT: Millennials Stare Down Looming Midlife in Friends from College is a senior fellow at the Foundation for Individual Rights in Education and of counsel at Mudrick & Zucker. The views expressed in this article represent the individual views of the author and do not necessarily represent the views of \uf086 Show Comments (40 \uf0c1 2/17/25, 1:00 Brazilian Waxing Hypothetical on Law Exam Leads to Harassment Charge 2/2", "7373_104.pdf": "Shutterstock Home / Daily News / Law prof's exam question on Brazilian wax Law prof's exam question on Brazilian wax is deemed harassment; is academic freedom threatened (HTTPS://WWW.ABAJOURNAL.COM/AUTHORS/4 10, 2017, 4:05 Tweet Email Print Howard University law professor says academics everywhere should be concerned by his school\u2019s response to a 2015 exam question about a Brazilian bikini wax. The school determined in May that the question by Professor Reginald Robinson constituted sexual harassment under school policy, report Law.com ( s/id=1202792604337/University-Rips-Law- Prof-over-Brazilian-Wax-Exam-Question) (sub. req.) and Inside Higher Ed ( 2017/07/07/brazilian-wax-question-lands- professor-hot-water) in a story noted by TaxProf Blog ( school-finds-tenured-prof-guilty-of-sexual-harassment-due-to-exam-question-about-a-client.html). The school placed a letter of reprimand in Robinson\u2019s file, ordered him to attend sensitivity training and required him to submit future exam questions for advance review, according to a letter ( written on Robinson\u2019s behalf by the Foundation for Individual Rights in Education. Share Become an Member t Join today to start reading news and in Already an Member? Sign in 2/17/25, 1:00 Law prof's exam question on Brazilian wax is deemed harassment; is academic freedom threatened? 1/2 Copyright 2025 American Bar Association. All rights reserved. The exam question ( part of Robinson\u2019s agency law course, asked whether the owner of a day spa would win a demurrer motion in a suit filed by a customer who claimed improper touching by the licensed aesthetician who performed the procedure. The exam question asserted that the customer had slept through the wax, but thought something improper had occurred upon awakening. The aesthetician had warned the customer about touching that would take place during the procedure, and the customer acknowledged in writing having received the aesthetician\u2019s information, according to the exam hypothetical. (The correct answer was that a court would not find in favor of the customer.) After the exam, Robinson asked volunteers to discuss the test questions. One volunteer said the customer would not sleep through a Brazilian wax. Robinson switched focus, and when the volunteer declined to explain her answer choice, Robinson sought answers from another volunteer, according to FIRE\u2019s letter. Two students filed a complaint. An administrator who found the question constituted sexual harassment cited use of the word \u201cgenital,\u201d the students\u2019 suspicion that the question was crafted to reveal personal details about themselves, their belief the revelations had a negative impact on them, and the administrator\u2019s belief that the exam scenario wasn\u2019t necessary to teach the subject. In its June 16 letter asked Howard University to rescind the sanctions and to respond to its request by June 30. Howard did not respond by the deadline, according to a press release ( investigation-sanctions/). Howard\u2019s punishment \u201cdoes not comport with its own definition of sexual harassment or its promises of academic freedom wrote in its letter. \u201cIt poses a severe threat not only to professors\u2019 rights but also to students\u2019 ability to learn all areas of the law, including learning how to analyze situations that may make some students uncomfortable.\u201d Robinson released a statement about his case through FIRE. \u201cMy case should worry every faculty member at Howard University, and perhaps elsewhere, who teaches in substantive areas like law, medicine, history, and literature,\u201d Robinson stated. \u201cWhy? None of these academic areas can be taught without evaluating and discussing contextual facts, especially unsavory and emotionally charged ones.\u201d Write a letter to the editor, share a story tip or update, or report an error. 2/17/25, 1:00 Law prof's exam question on Brazilian wax is deemed harassment; is academic freedom threatened? 2/2", "7373_105.pdf": "\u00a9 2024 Foundation for Individual Rights and Expression 510 Walnut St. | Suite 900 Philadelphia 19106 fire@thefire.org Howard University has reached a tentative agreement with the law professor it found responsible for sexual harassment over a test question about a hypothetical Brazilian wax. This afternoon, professor Reginald Robinson\u2019s attorney, Gaillard T. Hunt, released the following statement reported on the case last week, which we noted at the time was part of a larger pattern of colleges and universities punishing constitutionally protected expression under the guise of addressing sexual harassment. You can read more about the case in our press release. Check back to Newsdesk next week for more on this development. We have discussed the case with the University and we believe we have reached a mutually satisfactory solution. Professor Robinson regrets if anyone was offended by the test question. 215-717 BREAKING: Howard University professor reports settlement in Brazilian wax case by Susan Kruth July 14, 2017 Become a member", "7373_106.pdf": "From Casetext: Smarter Legal Research Robinson v. Howard Univ., Inc Nov 20, 2018 335 F. Supp. 3d 13 (D.D.C. 2018) Copy Citation Download Check Treatment Take care of legal research in a matter of minutes with CoCounsel, your new legal assistant. Try CoCounsel free Case No. 1:18-cv-00518 (TNM) 11-20-2018 Reginald Leamon ROBINSON, Plaintiff, v UNIVERSITY, INC. et al., Defendants. Reginald Leamon Robinson, Silver Spring, MD, pro se. Michelle Marie McGeogh, Timothy F. McCormack, Ballard Spahr LLP, Baltimore, MD, for Defendant. Sign In Search all cases and statutes... Opinion Summaries Case details 2/17/25, 1:00 Robinson v. Howard Univ., Inc., 335 F. Supp. 3d 13 | Casetext Search + Citator 1/24 N. MCFADDEN, U.S.D.J. *18 18 Reginald Leamon Robinson, Silver Spring, MD, pro se. Michelle Marie McGeogh, Timothy F. McCormack, Ballard Spahr LLP, Baltimore, MD, for Defendant N. MCFADDEN, U.S.D.J. This is a case about a professor's poor choices and the disciplinary actions that followed. Reginald Robinson is a tenured law professor at Howard University. During a lecture on agency law, he distributed a quiz to his class. One of the quiz questions described in graphic detail types of body waxes and the way aestheticians perform them. Mr. Robinson called on two female students to discuss their answers to the question. They later reported that the exchange made them feel uncomfortable and that at least one other student had left the classroom. After investigating, University officials determined that the question was indeed inappropriate and issued Mr. Robinson a confidential letter of reprimand *19 . He was also required to participate in sensitivity training, to submit future quiz and exam questions to the Dean's Office for approval, and to have a few of his future lectures monitored. 19 Impenitent, Mr. Robinson sued the University and various University officials. He alleges breach of contract, bad faith, violations Title of the Education Amendments Act of 1972 (\"Title IX\"), sex discrimination, intentional infliction of emotional distress, and other claims. The Court will dismiss some of these allegations for failure to state a claim. Because the Defendants are entitled to judgment as a matter of law, and because they have shown that there is no genuine dispute as to any material fact, the Court will grant the Defendants summary judgment on the remainder of Mr. Robinson's claims. I. 2/17/25, 1:00 Robinson v. Howard Univ., Inc., 335 F. Supp. 3d 13 | Casetext Search + Citator 2/24 In the fall of 2015, Mr. Robinson taught a course called \"Agency, Partnerships, and Other Unincorporated Business Associations.\" Am. Compl. 13 No. 19. To test students' understanding of the concepts covered, he often used in-class quizzes. Id. \"Meaningful participation\" in these evaluations \"require[d] students to reveal their choices and to defend those choices based on the legal principles and relevant/material facts.\"Id. at 13-14. The relevant part of the quiz question at issue said: Among other services offered Brazilian and bikini waxes \u2013 sometimes called \"Sphynx,\" bare waxing, or Hollywood waxing looked confused, and so explained that a Full Brazilian (\"FB\") would render hairless from belly button to buttocks, and a required [that would be naked from the waist down required to touch T's body and to adjust T's body so that could access every follicle of pubic hair. Next explained a Modified Brazilians [sic left a thin strip of hair at the top of T's genitalia, viz. , a \"landing strip opted for again told that would have to touch T's genitals to complete the waxing agreed, and signed the service contract and initialed the space for acknowledging A's information got undressed in a private salon, where also drank hot herbal tea. At A's behest, T, w [sic] who was waist down naked, got on the waxing table. Once on the table, with instrumental tones wafting drifted into light sleep completed the FB. Upon awaking felt physically uncomfortable, asking if had touched improperly.... [W]ill the court find in favor of T? Am. Compl. Ex. 9 No. 13 at 162-163.1 1 Mr. Robinson submitted an original Complaint and two versions of the First Amended Complaint. See Nos. 1, 13, and 19. Some exhibits referenced in the operative complaint were only included in one of the document's prior versions. Citations to these exhibits include a docket number identifying the location of the exhibit where appropriate. Mr. Robinson called on a female student who suggested that would not sleep\" during the sort of procedure described. Am. Compl. Ex. 25 No. 13 at 208. The professor pressed her to answer the question, as he \"still wanted to know what choice she had made.\" Id. He also sought an answer to 2/17/25, 1:00 Robinson v. Howard Univ., Inc., 335 F. Supp. 3d 13 | Casetext Search + Citator 3/24 the hypothetical from a second female student, before moving on to the remainder of his lecture. Id. at 208-209. The two students filed complaints against him with the University. Am. Compl. 3. Based on their allegations, Candi Smiley, the University's Deputy Title Coordinator, issued Mr. Robinson a Notice of Complaint. Compl. Ex. 10a No. 1 *20 at 188. It said that the University's Title Office would investigate his conduct as required by federal law. Id. It specified that Mr. Robinson was alleged to have engaged in \"acts of sexual harassment\" and \"acts of gender-based discrimination\" in violation of the University's Title Policy. Id. And it explained that the \"charges will be \u2018sustained\u2019 if it is found that the important facts contained in an allegation are more likely true than not and that those facts violate one or more of\" the University's Title Policy standards. Id. at 189 (emphasis in original). 20 The Notice also described Mr. Robinson's rights and the decision-making process. He had the right to submit a written response to the charges against him, to verbally present his position to the Deputy Title Coordinator, and to retain counsel for any interviews with the University. Id. at 190. The letter warned Mr. Robinson that the \"decision of the Title Decisional Authority is the final administrative action of the University and is not subject to appeal.\" Id. at 189-90. The \"Decisional Authority\" is \"the person or persons who will review the final Report of Investigation\" prepared by the Deputy Title Coordinator. Id. at 189. After completing her investigation, Ms. Smiley issued a Report of Investigation and Findings. See Defs.' Mot. to Dismiss or in the Alternative, Mot. for Summ. J. Ex. 1 No. 20 (\"Defs.' Mot.\"). The Report concluded that \"there is sufficient evidence to determine Professor Reginald Robinson committed acts of Sexual Harassment in violation of the Title Policy.\" Id. at 3. Ms. Smiley found insufficient evidence to sustain the charge of gender discrimination. Id. 2 2 Though he did not include it as an exhibit, Mr. Robinson refers to Ms. Smiley's Report in his Amended Complaint. See, e.g. , Am. Compl. 28 (\"See Smiley's Report of Investigation and Findings of Complaint Against Professor Reginald L. Robinson ....\"). The Court considered the Report's full contents for two reasons. First, Mr. Robinson partially incorporated it into 2/17/25, 1:00 Robinson v. Howard Univ., Inc., 335 F. Supp. 3d 13 | Casetext Search + Citator 4/24 the Amended Complaint by reference. Second, for the reasons discussed in Section III, the Court treated the Defendants' Motion to Dismiss as one for summary judgment under Federal Rule of Civil Procedure 12(d). The Report identified the University's Provost, Anthony Wutoh, as the Title Decisional Authority. Id. at 12. Upon completing his review, Mr. Wutoh issued a Notice of Findings. It informed Mr. Robinson that the University agreed with the Report's conclusions, and that he would therefore be subject to disciplinary action. Compl. Ex. 24 No. 1-1 at 47-48 confidential letter detailing his conduct, the actions taken, and the possible punishments for future violations of the Title Policy was \"placed in his file.\" Id. Mr. Robinson appealed this decision in a letter to Mr. Wutoh. Am. Compl. 24. In response, the Provost explained that, \"[i]n accordance with the Howard University Title Policy serve as the ... Title Decisional Authority. As with all cases carefully reviewed the recommendation from the Title Office before rendering a decision in this matter. The decision reached ... is final, and is not subject to reconsideration or appeal.\" Am. Compl. Ex. 13 No. 13 at 196. Dissatisfied, Mr. Robinson pursued several strategies to force a reversal of the decision. He sent \"his documents to a [sic] FIRE,\" a nonprofit organization he believed could help him \"end the sex discrimination he faced.\" Am. Compl. 25. He appealed the Provost's decision to the University's Faculty Grievance Commission. Id. And when these efforts failed, Mr. Robinson filed a gender discrimination claim against the University with the U.S. Equal Employment Opportunity Commission *21 (the \"EEOC\"). See Dismissal and Notice of Rights, Compl. Ex. 31 No. 1- 1 at 65. The dismissed his complaint, as it was \"unable to conclude that the information obtained establishes violations of the [applicable] statutes.\" Id. 21 Mr. Robinson then filed this case. He accuses the University, Mr. Wutoh, Ms. Smiley, and Title Coordinator Vanessa Love of \"knowingly fraudulent,\" \"deliberately deceptive,\" and \"arbitrary and capricious\" conduct. Am. Compl. 1, 3. The operative complaint features several claims, including: 2/17/25, 1:00 Robinson v. Howard Univ., Inc., 335 F. Supp. 3d 13 | Casetext Search + Citator 5/24 \u2022 Breach of contract and the implied duty of good faith and fair dealing; \u2022 Erroneous outcome, deliberate indifference, and unlawful retaliation in violation of Title IX; \u2022 Sex discrimination in violation of Title of the Civil Rights Act of 1964; \u2022 Intentional and negligent infliction of emotional distress; \u2022 Negligence; and request for declaratory and injunctive relief styled as a claim. The Defendants maintain that the actions taken by the University complied with its Title Policy and all relevant laws. Thus, they moved to dismiss or, based on the extra-pleadings evidence before the Court, for summary judgment. See Defs.' Mot. at 9 n.3. II. Defendants may move to dismiss a complaint when it \"fail[s] to state a claim upon which relief can be granted.\" Fed. R. Civ. P. 12(b)(6 valid complaint must contain factual allegations that, if true, \"state a claim to relief that is plausible on its face.\" Bell Atl. Corp. v. Twombly , 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). Mere \"labels and conclusions\" or \"naked assertion[s] devoid of further factual enhancement\" are insufficient. Ashcroft v. Iqbal , 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quotations omitted). Rather, \"[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.\" Id. In evaluating a motion to dismiss, the Court must construe the complaint in the light most favorable to the plaintiff and accept as true all reasonable factual inferences drawn from well-pleaded allegations. In re United Mine Workers of Am. Emp. Benefit Plans Litig. , 854 F. Supp. 914, 915 (D.D.C. 1994). The Court need not, however, accept legal conclusions or mere conclusory 2/17/25, 1:00 Robinson v. Howard Univ., Inc., 335 F. Supp. 3d 13 | Casetext Search + Citator 6/24 statements as true. Iqbal , 556 U.S. at 678, 129 S.Ct. 1937. Evaluating a motion to dismiss is a \"context-specific task that requires the reviewing court to draw on its judicial experience and common sense.\" Id. at 679, 129 S.Ct. 1937. It \"may consider only the facts alleged in the complaint, any documents either attached to or incorporated in the complaint and matters of which [the court] may take judicial notice v. St. Francis Xavier Parochial Sch. , 117 F.3d 621, 624 (D.C. Cir. 1997). If \"matters outside the pleadings are presented to and not excluded by the court,\" a motion to dismiss \"must be treated as one for summary judgment,\" and the \"parties must be given a reasonable opportunity to present all the material that is pertinent to the motion.\" Fed. R. Civ. P. 12(d). The decision to covert a motion to dismiss into a motion for summary judgment is \"committed to the sound discretion of the trial court.\" Flynn v. Tiede-Zoeller, Inc. , 412 F. Supp. 2d 46, 50 (D.D.C. 2006). To prevail on a motion for summary judgment, a movant must show that \"there is no genuine dispute as to any material *22 fact and the movant is entitled to judgment as a matter of law.\" Fed. R. Civ. P. 56(a) ; see also Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 247, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986 factual dispute is material if it could alter the outcome of the suit under the substantive governing law. Anderson , 477 U.S. at 248, 106 S.Ct. 2505 dispute about a material fact is genuine \"if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.\" Id. \" [A] party seeking summary judgment always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, which it believes demonstrate the absence of a genuine issue of material fact.\" Celotex Corp v. Catrett , 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). Once the movant makes this showing, the non-moving party bears the burden of setting forth \"specific facts showing that there is a genuine issue for trial.\" Anderson , 477 U.S. at 250, 106 S.Ct. 2505. 22 III. Before addressing the substance of Mr. Robinson's claims, two preliminary matters warrant brief discussion. First , the parties disagree on whether to 2/17/25, 1:00 Robinson v. Howard Univ., Inc., 335 F. Supp. 3d 13 | Casetext Search + Citator 7/24 treat Mr. Robinson as a pro se litigant. He has described himself as a lawyer, a law professor, and \"an adept legal academic\" who \"knows the legal system.\" Pl.'s Rule 6(b) Mot No. 26 at 12-13. Pointing to these statements, the Defendants argue that he is \"not entitled to the leeway sometimes granted to pro se litigants.\" Defs.' Mem. in Opp. to Pl.'s Mot. to Delay Resp No. 31 at 1 n.1. Mr. Robinson disagrees, citing a definition of \"pro se\" from Black's Law Dictionary (\"one proceeding for himself and on their own behalf, in person\") and cases in which the pleadings of attorneys appearing pro se were granted liberal construction. See Pl.'s Rep. in Supp. of His Rule 56(d) Mot No. 33 at 1 n.1 (\"Pl.'s Rule 56(d) Reply\"). Self-represented lawyers are \"not automatically subject to the very liberal standards afforded to a non-attorney pro se plaintiff because an attorney is presumed to have a knowledge of the legal system and needs less protections from the court.\" Richards v. Duke University , 480 F. Supp. 2d 222, 234 (D.D.C. 2007). Indeed, some circuits and courts of this District have held that lawyers are not entitled to any special protection when they appear pro se. See, e.g. , Harbulak v. Suffolk County , 654 F.2d 194, 198 (2d Cir. 1981) (noting that the plaintiff \"is a lawyer and, therefore, he cannot claim the special consideration which the courts customarily grant to pro se parties\"); Klayman v. Zuckerberg , 910 F. Supp. 2d 314, 317 (D.D.C. 2012) (denying an attorney appearing pro se special consideration). But the D.C. Circuit has not conclusively resolved the issue. See Klayman v. Zuckerberg , 753 F.3d 1354, 1357 (D.C. Cir. 2014) (\"This Court has not yet decided, however, whether that rule applies when the pro se plaintiff is a practicing lawyer ... [and we] need not resolve that question here\"). And though Mr. Robinson's use of Black's Law perhaps exemplifies his legal sophistication, the Court has reviewed his pleadings under \"less stringent standards than formal pleadings drafted by lawyers.\" Prunte v. Universal Music Group, Inc. , 699 F. Supp. 2d 15, 21 (D.D.C. 2010). After all, it does not appear Mr. Robinson is barred in the District, and the gap between the theoretical world of legal academia and the actual practice of law raises questions about the equity of treating Mr. Robinson as a true practitioner.*23 Second , Mr. Robinson contends that consideration of the Defendants' request for summary judgment is premature. See Pl.'s Rule 56(d) Reply at 2. He seeks \"the opportunity for discovery [that] would be essential to every 23 2/17/25, 1:00 Robinson v. Howard Univ., Inc., 335 F. Supp. 3d 13 | Casetext Search + Citator 8/24 claims [sic] against defendants.\" Id. at 8. He also suggests that Ms. Smiley's Report of Investigation and Findings is \"not materially relevant\" to his claims. Id. The Court disagrees on both counts reviewing court should treat a motion to dismiss as one for summary judgment \"if extra-pleading evidence is comprehensive and will enable a rational determination of a summary judgment motion.\" Alston v. Johnson , 208 F. Supp. 3d 293, 298 (D.D.C. 2016) (cleaned up). There is \"no bright-line threshold for conversion under Rule 12(d).\" Ryan-White v. Blank , 922 F. Supp. 2d 19, 23 (D.D.C. 2013). The \"touchstone is fairness and whether consideration of summary judgment is appropriate, in light of the nature of the extra-pleading material submitted, the parties' access to sources of proof, and the parties' concomitant opportunity to present evidence in support or opposition to summary judgment.\" Id. Here, treating the Defendants' motion as one for summary judgment is appropriate for two reasons. First, as discussed below, many of his claims fail under both the Rule 12(b)(6) dismissal standard and the Rule 56 summary judgment standard. Second, both parties have submitted and responded to ample documentary evidence allowing the Court to carefully evaluate Mr. Robinson's claims. His initial Complaint featured 34 exhibits and was 276 pages long. See Compl No. 1. Most of these exhibits are incorporated into his First Amended Complaint. They include dozens of pages of his correspondence with the relevant University officials, his various appeals and legal arguments, the relevant excerpts from the University's Faculty Handbook and Title Policy, and affidavits in support of his character and claims. See id. Though his pleadings did not include Ms. Smiley's Report, the Amended Complaint and his many later filings show that Mr. Robinson has received, considered, and made arguments about the weight the Court should accord it. See, e.g. , Am. Compl. 28 (noting that the complaints against him as summarized in the Report \"never alleged that Plaintiff had made unwelcomed sexual advances, requested sexual favors, and engaged in words or other physical conduct of a sexual nature\"); Pl.'s Rule 56(d) Reply at 8 (suggesting reasons why the Report is immaterial to his claims). 2/17/25, 1:00 Robinson v. Howard Univ., Inc., 335 F. Supp. 3d 13 | Casetext Search + Citator 9/24 Both parties also have \"submitted exhibits in support and opposition to the alternative motion for summary judgment.\" Ramsey v. Moniz , 75 F. Supp. 3d 29, 40 (D.D.C. 2014). While Mr. Robinson requested additional discovery, he failed to explain how the new facts sought \"are necessary to the litigation.\" Convertino v. U.S. Dep't of Justice , 684 F.3d 93, 99 (D.C. Cir. 2012). Under Federal Rule of Civil Procedure 56(d), a party seeking more discovery before summary judgment must show that \"it cannot present facts essential to justify its opposition\" to the movant's motion. Fed. R. Civ. P. 56(d). The party \"may not rely on speculation that discovery will produce material evidence.\" Harrison v. Office of the Architect of the Capitol , 281 F.R.D. 49, 52 (D.D.C. 2012). Rather, he must \"adduce \u2018support for the proposition that discovery would have produced the evidence [he] anticipated.\u2019 \" Id. (quoting Messina v. Krakower , 439 F.3d 755, 763 n.6 (D.C. Cir. 2006) ). Mr. Robinson failed to meet these requirements. He seeks documents about the \"unpublished, unknown, and unofficial evaluative tools\" that the Title Office *24 allegedly used to investigate the claims against him. Rule 56(d) Declaration No. 29-2 at 4-5. He also requests all documents relating to the employment history of and training received by the University's Title Office personnel. Id. at 3-4. And he demands that the Defendants produce every investigative report about \"each complaint\" Ms. Smiley received about potential Title violations at the University. Id. at 6. 24 But he offers only \"conclusory assertion[s] without any supporting facts to justify the proposition that the discovery sought will produce\" evidence of improper motives or malicious conduct by the people who investigated him. Messina , 439 F.3d at 762. In short, the extensive briefing and exhibits here have established a robust evidentiary record, and the Court can fairly consider the Defendants' motion as one for summary judgment. It will therefore deny Mr. Robinson's request for additional discovery. 3 3 The Court also notes that Mr. Robinson filed two motions to \"Delay Response to [the Defendants'] Motion to Dismiss or in the Alternative Motion for Summary Judgment. See Nos. 22, 29. The Court denied Mr. Robinson's first motion, as it failed to comply with the Rule 56(d) requirements articulated by Convertino , 684 F.3d at 99-100. See September 24, 2018 Minute Order. The Court explained that Mr. Robinson did not state with \"sufficient particularity why additional discovery is necessary and why 2/17/25, 1:00 Robinson v. Howard Univ., Inc., 335 F. Supp. 3d 13 | Casetext Search + Citator 10/24 the nonmovant cannot produce the facts essential to its opposition to the motion for summary judgment.\" Id. By filing his second motion, Mr. Robinson asked the Court to reconsider its prior denial. According to its Standing Order, the Court typically \"will not entertain\" motions for reconsideration that feature \"arguments which should have been previously raised, but are being raised for the first time No. 2 at 7 (citing Nat'l Trust v. Dep't of State , 834 F. Supp. 453, 455 (D.D.C. 1995) ). Mr. Robinson was directed to read and comply with the Standing Order many times. See, e.g No. 2; Court's June 7, 2018 Minute Order; Court's September 24, 2018 Minute Order. While his noncompliance with the Standing Order presents alternative grounds for denying his second Rule 56(d) Motion, the Court considered the merits of his arguments given his status as a pro se litigant. IV. Central to each of Mr. Robinson's claims is his belief that the University mishandled the investigation into the offending Fall 2015 quiz and that University officials punished him based on impermissible motivations. But because he offers no more than mere speculation in support of these beliefs, his claims must be denied. A. Mr. Robinson alleges that the University breached both its employment contract with him and the implied duty of good faith and fair dealing. Am. Compl. 65. He contends that the University's Title Policy is incorporated into the contract and that the Defendants' alleged violations of the Policy therefore breached that agreement. Id. at 64-67. The Defendants believe that the Policy is a standalone document and that they did not violate any of its relevant terms. Defs.' Mot. at 14-20. Relying on the contents of the Title Report prepared by Ms. Smiley, the Court finds that the University did not breach the contract or its implied duty of good faith and fair dealing. It will thus grant summary judgment for the Defendants on this count. 4 4 The Court has federal question jurisdiction over Mr. Robinson's claims brought under Title and under Title of the Civil Rights Act. 28 U.S.C. \u00a7 1331. It has supplemental jurisdiction over his contract and tort claims. 28 U.S.C. \u00a7 1367. 2/17/25, 1:00 Robinson v. Howard Univ., Inc., 335 F. Supp. 3d 13 | Casetext Search + Citator 11/24 successful breach of contract claim requires that Mr. Robinson \"establish *25 (1) a valid contract between the parties; (2) an obligation or duty arising out of the contract; (3) a breach of that duty; and (4) damages caused by breach.\" Francis v. Rehman , 110 A.3d 615, 620 (D.C. 2015). In the District of Columbia, \"all contracts contain an implied duty of good faith and fair dealing.\" Murray v. Wells Fargo Home Mortg. , 953 A.2d 308, 321 (D.C. 2008). This duty \"means that neither party shall do anything which will have the effect of destroying or injuring the right of the other party to receive the fruits of the contract.\" Id. (cleaned up). The duty is breached if a party \"evades the spirit of the contract\" or \"willfully renders imperfect performance.\" Id. 25 To begin with, the Policy's relationship to the University's employment contracts is unclear. Mr. Robinson began working for the University in 1994, and he relies on the 1993 Faculty Handbook in support of his argument. See Am. Compl. 10. It notes that \"Sections 2 and 3 of this handbook ... are incorporated into the individual contract of employment of each faculty member, and they are subject to change by the Board of Trustees as conditions require.\" Compl. Ex. 18 No. 1-1 at 24. Section 2.2.1.2 of the Handbook discusses sexual harassment. Id. at 23. It states that: It is the policy of Howard University to maintain the university community as a place of work and study for staff, faculty, and students free of sexual harassment and all forms of sexual intimidation and exploitation. The entire text of the policy and procedures is set forth in Appendix . All faculty members as well as staff and students are subject to this policy. Id. (emphasis added). Appendix describes the University's \"Sexual Harassment Policy and Procedures\" approved by the Board of Trustees in 1989. See Defs.' Mot. Ex. 3 No. 20-3 at 106. The Defendants correctly assert that the University publishes a separate policy called the \"Title (Student) Policy on Prohibited Sexual Harassment and Gender-Based Discrimination in Education Programs and Activities.\" Defs.' Mot. at 15; Ex. 4 No. 20-4 at 2. This document's original 2/17/25, 1:00 Robinson v. Howard Univ., Inc., 335 F. Supp. 3d 13 | Casetext Search + Citator 12/24 \"Effective Date\" is listed as June 5, 1999, suggesting that it is distinct from the 1989 statement on sexual harassment. Id. But evaluating the allegations in the light most favorable to Mr. Robinson, the Court assumes that the University intended the operative version of its Title Policy to be incorporated into faculty's employment contracts. The language of the two policies is substantially similar in many important respects. For instance, both define and provide examples of sexual harassment. See Defs.' Mot. Ex. 3 at 107; Defs.' Mot. Ex. 4 at 8. Thus, the University could have breached its contract with Mr. Robinson if it violated its Title Policy. No such violation occurred. Mr. Robinson claims that the University \"refused to give Plaintiff proper, meaningful notice of the fact specific and spurious allegations made by the two complaining female law students.\" Am. Compl. 66. The Policy includes a section titled \"Notice to the Respondent.\" Compl. Ex. 10b No. 1-1 at 5. It requires that, when the Title Office receives a complaint, the \"Respondent shall be informed in writing of the complaint and the allegations made against them ... [and] will then have an opportunity to submit a written response to the allegations in the complaint.\" Id. The four-page Notice of Complaint Ms. Smiley issued Mr. Robinson satisfied this requirement. It listed the allegations against him, the applicable Policy standards and investigative procedures, Mr. *26 Robinson's rights including his right to respond, and the complainants' rights to confidentiality. See Compl. Ex. 10a No. 1 at 188-191. 26 Mr. Robinson acknowledged receipt of this Notice, argued that it was deficient, denied the allegations against him, and asked for more details about the complaints. See Compl. Ex. 16, ECF. No. 1-1 at 15-18. Consistent with the Title Policy and the Notice of Complaint, Ms. Smiley scheduled an oral interview with Mr. Robinson. See Compl. Ex. 20 No. 1-1 at 39. After that interview, Mr. Robinson wrote that he was \"finally glad to know the underlying circumstances behind these allegations.\" Id. In an email to Ms. Smiley, he defended his quiz question by asking her to visit a website depicting men's underwear and told her \"[y]ou'll see that men wear bikini 2/17/25, 1:00 Robinson v. Howard Univ., Inc., 335 F. Supp. 3d 13 | Casetext Search + Citator 13/24 underwear, too.\" Id. He also suggested that he would \"send [her] additional information, so that [she] can appreciate the context from which [he] was working\" when he wrote the question. Id. Over the next few days, he sent Ms. Smiley several emails. See Compl. Ex. 21-23 No. 1-1 at 40-46. These multi-page documents cited legal provisions, relevant cases, and the University's Title Policy to argue that Mr. Robinson had done nothing wrong. Id. Ms. Smiley's Report noted that she reviewed the electronic communications sent by Mr. Robinson. Defs.' Mot. Ex. 1 at 2. The Report included as exhibits the emails and supporting documents that Mr. Robinson sent her. See id. at 192-201. So, based on the Notice of Complaint, his correspondence with Ms. Smiley, and the many arguments he raised in his defense, Mr. Robinson had ample notice of and opportunity to respond to the claims made against him. Next, Mr. Robinson argues that the findings in Ms. Smiley's Report were based on the application of a \"subjective experience test, which gave undue evidentiary weight and institutional imprimatur to the female victims' narratives ....\" Am. Compl. 66. He also contends that the Report \"completely lacked the required findings of material fact on the legal predicate for sexual harassment.\" Id. at 67. These assertions fall flat. The Report employed a preponderance of the evidence standard and is replete with supporting factual findings. See Defs.' Mot. Ex. 1 at 3-10. Ms. Smiley concluded, for example, that Professor Robinson \"exhibited a past pattern of behavior that makes it more likely than not[ ] that he has created hypotheticals of a sexual nature that made students uncomfortable.\" Id. at 8. From 1998 \u2013 2002, Mr. Robinson sent several \"emails of explicit sexual jokes\" to University faculty members. Later, \"a faculty member alleged Professor Robinson made inappropriate comments to her about socializing with him.\" Id. at 9. And the Associate Provost for Faculty Development reported that \"Professor Robinson's exams were always among the most challenging to review ... we sent them back to him to change hypotheticals that we thought were too don't want to say sexual [sic] explicit but they're just insensitive ... to women.\" Id. at 22. Thus, far from relying solely on the subjective testimony of the complainants, Ms. Smiley considered objective contextual evidence in determining that Mr. 2/17/25, 1:00 Robinson v. Howard Univ., Inc., 335 F. Supp. 3d 13 | Casetext Search + Citator 14/24 Robinson's question constituted unwelcome conduct of a sexual nature. Id. at 3. Mr. Robinson also believes that the Policy mandated that the University complete its investigation within \"60 calendar days\" of receiving the complaint. Am. Compl. 66. Not so. True, the Policy states that the Title Officer \"will have 60 calendar days to conduct an impartial, thorough and timely investigation of all complaints alleging *27 harassment or discrimination under this policy.\" Compl. Ex. 10b No. 1-1 at 6. But it also allows the Officer to take additional time, requiring only that the she \"notify the Complainant , in writing, that additional time is needed for completion of the investigation.\" Id. (emphasis added). There is no evidence, and Mr. Robinson does not allege, that such written notice was not provided to the students who lodged the complaint. In any event, any breach of this requirement would implicate the complainants' rights, not his. 27 In sum, the University did not breach Mr. Robinson's contract or the implied duty of good faith and fair dealing. The Defendants' investigation of his conduct complied with the University's Title Policy. By all available indicia, the fact-finding process appears to have been impartial, thorough, and reasonable. So the Court will grant summary judgment for the Defendants on Mr. Robinson's contract claims. B. In an audacious move, Mr. Robinson next argues that he, rather than his students, is the victim of a Title violation. See Am. Compl. 69-76. He suggests that, by \"erroneously finding [against] and disciplining Plaintiff\" the University violated Title because its actions were motivated by the \"anti-male bias\" of Ms. Smiley, the Title Coordinator, and Mr. Wutoh. Id. at 73. This claim fails under the Rule 12(b)(6) dismissal standard. In the alternative, relying on Ms. Smiley's Title Report, the Court finds that, even if Mr. Robinson has sufficiently alleged a Title claim, the Defendants are entitled to judgment as a matter of law. Title of the Education Amendments Act of 1972 provides that \"[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied benefits of, or be subjected to discrimination 2/17/25, 1:00 Robinson v. Howard Univ., Inc., 335 F. Supp. 3d 13 | Casetext Search + Citator 15/24 under any education program receiving Federal financial assistance.\" 20 U.S.C. \u00a7 1681(a). Because the University receives federal funding, it is subject to Title IX. Am. Compl. 8. Some courts have recognized an \"erroneous outcome\" theory of Title liability. See, e.g. Yusuf v. Vassar College , 35 F.3d 709, 714 (2d Cir. 1994) (\"[W]e may safely say that Title bars the imposition of university discipline where gender is a motivating factor in the decision to discipline\"). To succeed under this theory, Mr. Robinson must show that \"he was innocent and wrongfully found responsible of an offense due to gender bias.\" Doe v. George Washington Univ. , 305 F. Supp. 3d 126, 133 (D.D.C. 2018) (citing Yusuf , 35 F.3d at 715 ). He must allege \"particular facts sufficient to cast some articulable doubt on the outcome of the proceeding\" and establish that \"gender bias was a motivating factor behind the erroneous finding.\" Id. \" [A]llegations of a procedurally or otherwise flawed proceeding that has led to an adverse and erroneous outcome combined with a conclusory allegation of gender discrimination is not sufficient to survive a motion to dismiss.\" Yusuf , 35 F.3d at 715. Mr. Robinson alleges that the University \"gave undue evidentiary weight\" to the \"spurious allegations\" of the complaining female students. Am. Compl. 72. He claims that the University \"knows that agents and employees in the Title Office have an anti-male bias\" and that this bias \"informed\" the decision to reprimand him. Id. at 72-73. And he believes that \"[d]ue to [the] harmful, near unforgiving social climate against males who have been found to be sexual harassers, of which Howard is aware, Plaintiff is reasonably certain to continue to suffer\" harm because of the Defendants' wrongful decision. Id. at 75.*28 But he offers little beyond these conclusory statements. He does not allege \"statements by members of the disciplinary tribunal, statements by pertinent university officials, or patterns of decision-making\" that might \"show the influence of gender\" or \"reflect[ ] bias by members of the tribunal.\" Yusuf , 35 F.3d at 715. In fact, the available evidence shows that the University applied its facially gender-neutral Title policy in a reasonable manner. Ms. Smiley's Report, for instance, noted that Mr. Robinson's quiz question \"creates an uncomfortable situation for any male or female student,\" as it may require students \"to disclose intimate details\" about their personal grooming habits. Defs.' Mot. Ex. 1 at 6. Neither the 28 2/17/25, 1:00 Robinson v. Howard Univ., Inc., 335 F. Supp. 3d 13 | Casetext Search + Citator 16/24 Report nor the University's later correspondence with Mr. Robinson show that the University's Title staff harbored anti-male biases. Mr. Robinson's claim therefore fails. Similarly, his contention that the University acted with \"deliberate indifference\" in violation of Title fails to state a claim. To establish liability under this theory, Mr. Robinson must show that a \"school administrator with authority to take corrective action responded to harassment with deliberate indifference.\" Fitzgerald v. Barnstable School Comm. , 555 U.S. 246, 257, 129 S.Ct. 788, 172 L.Ed.2d 582 (2009). The administrator's response must be \"clearly unreasonable in light of the known circumstances,\" and 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.\" Wells v. Hense , 235 F. Supp. 3d 1, 7 (D.D.C. 2017) (cleaned up). Deliberate indifference claims \"are typically brought in cases where a school has ignored a victim's complaint of sexual harassment or assault.\" Doe v. Brown University , 166 F. Supp. 3d 177, 191 (D.R.I. 2016). Mr. Robinson alleges that the University was deliberately indifferent when it \"refus[ed] to remedy\" its decision to reprimand him. Am. Compl. 76-77. He believes that the University has shown \"sex and gender deliberate indifference towards Plaintiff and/or other similarly situated male students.\" Am. Compl. 77. But again, Mr. Robinson offers little more than mere speculation. \"Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.\" Iqbal , 556 U.S. at 678, 129 S.Ct. 1937. In declining to change his decision, for example, Mr. Wutoh noted he had \"carefully reviewed the recommendation from the Title Office,\" and that per the University's Title Policy, his decision was \"final\" and \"not subject to reconsideration or appeal.\" Am. Compl. Ex. 13 No. 13 at 196. His response cannot reasonably be described as \"objectively offensive.\" Mr. Robinson makes a third Title claim. It fares no better. He alleges that he \"suffered retaliation for protesting the sex discrimination that he suffered\" at the hands of Ms. Smiley and the Title Office. Am. Compl. 81. He believes that Mr. Wutoh \"summarily rejected Plaintiff's appeal\" to 2/17/25, 1:00 Robinson v. Howard Univ., Inc., 335 F. Supp. 3d 13 | Casetext Search + Citator 17/24 retaliate against him for sending the \"entire record to a disinterested, nonprofit, nonpartisan organization, i.e., FIRE.\" Id. at 83. To state a claim for retaliation, Mr. Robinson must establish that he \"made a charge or opposed a practice made unlawful\" by Title IX, that the University \"took a materially adverse action\" against him, and that the University \"took the action because of [his] protected conduct.\" Cavalier v. Catholic Univ. of America , 306 F. Supp. 3d 9, 36 (D.D.C. 2018). If the materially adverse action alleged is the reprimand Mr. Robinson received, *29 he has failed to state a claim, as the action was taken ten days before his decision to send his documents to the nonprofit organization. See Am. Compl. 86, 83. And if the adverse action is Mr. Wutoh's rejection of Mr. Robinson's \"appeal,\" the University's Title Policy makes clear that \"[o]nce the Provost has rendered his or her decision, that decision is final and may not be appealed to any other authority.\" Compl. Ex. 10b No. 1-1 at 7. Thus, Mr. Robinson's retaliation claim must be dismissed, as he fails to sufficiently allege a materially adverse action taken because of his protected conduct. 29 C. Next, Mr. Robinson alleges that the University violated his civil rights. He contends that he \"has been the victim of unlawful discriminatory conduct in the work place through Howard's arbitrary, capricious, malicious, and negligent applications of its rules.\" Am. Compl. 78. He was, he claims, \"subjected to disparate treatment and suffered adverse employment actions by Howard on the basis of his sex\" in violation of Title of the Civil Rights Act. Id. This claim fails under the Rule 12(b)(6) dismissal standard. The \"two essential elements of a [Title VII] discrimination claim are that (i) the plaintiff suffered an adverse employment action (ii) because of the plaintiff's race, color, religion, sex, national origin, age, or disability.\" Baloch v. Kempthorne , 550 F.3d 1191, 1196 (D.C. Cir. 2008). The D.C. Circuit has held that \"formal criticisms or reprimands, without additional disciplinary action such as a change in grade, salary, or other benefits, do not constitute adverse employment actions.\" Stewart v. Evans , 275 F.3d 1126, 1136 (D.C. Cir. 2002). 2/17/25, 1:00 Robinson v. Howard Univ., Inc., 335 F. Supp. 3d 13 | Casetext Search + Citator 18/24 Because he received only a letter of reprimand without a demotion, reduction in salary, or reduced benefits, Mr. Robinson has failed to sufficiently allege that he suffered an adverse employment action. He suggests that, because of the University's conduct, his \"academic and career opportunities, earning potential, and reputation have been severely harmed.\" Am. Compl. 80. But both the Notice of Findings and the Letter of Reprimand Mr. Robinson received were marked \"Confidential,\" and Mr. Robinson does not allege that the University made its findings, decision, or disciplinary measures public. See Compl. Ex. 24, 25 No. 1-1 at 47-50. In short, there are no colorable allegations of reputational harm. At least before he filed suit. If anything, it is Mr. Robinson's decision to make a federal case out of the confidential letter that may harm his future career prospects. Put simply, a reprimand \"that amounts to a mere scolding\" of the kind that Mr. Robinson received \"does not rise to the level of adverse action.\" Nurriddin v. Goldin , 382 F. Supp. 2d 79, 94 (D.D.C. 2005). And he cannot manufacture reputational harm by publicizing otherwise private matters. Thus, his Title claim fails. *30 D. 5 30 5 The Defendants suggest that Mr. Robinson's Title claim is also barred by the statute of limitations. See Defs.' Mot. at 39. Title \"requires that a person complaining of a violation file an administrative charge with the and allow the agency time to act on the charge.\" Park v. Howard Univ. , 71 F.3d 904, 907 (D.C. Cir. 1995). Plaintiffs then have 90 days upon receiving the EEOC's decision to file a suit in federal court. Id. Mr. Robinson filed a claim with that was dismissed on November 27, 2017. Compl. Ex. 31 No. 1-1 at 65. The notice of this dismissal stated that his lawsuit \"must be filed within 90 days of [his] receipt of this notice; or [his] right to sue based on this charge will be lost.\"Id. He filed his first Complaint before the Court on February 26, 2018. See No. 1. Assuming he received the notice shortly after November 27, the Complaint was timely filed against Mr. Wutoh, Ms. Smiley, and Ms. Love. But his original Complaint named the \"Trustees of Howard University, Inc.\" rather than \"Howard University, Inc\" as a Defendant. Id. And his First Amended Complaint was filed several months later. See No. 13. The Defendants contend that the 90-day deadline must be strictly enforced, and that his claim was thus barred as applied to the University. Defs.' Mot. at 39 (citing, 2/17/25, 1:00 Robinson v. Howard Univ., Inc., 335 F. Supp. 3d 13 | Casetext Search + Citator 19/24 among other cases, Smith v. Dalton , 971 F. Supp. 1, 2 (D.D.C. 1997 ) ). Typically, where \"the complainant is at fault,\" he is \"not entitled to equitable tolling\" of the deadline. Maggio v. Wisconsin Ave. Psychiatric Ctr., Inc. , 795 F.3d 57, 60 (D.C. Cir. 2015). But because it finds that Mr. Robinson's Title arguments fail as applied to all named defendants, the Court need not decide whether the \"Trustees of Howard University\" were a sufficient alter ego of the University itself. -------- Next, Mr. Robinson raises three tort claims, including intentional infliction of emotional distress (IIED), negligent infliction of emotional distress (NIED), and ordinary negligence. See Am. Com pl. 85-97. These allegations fail under both the Rule 12(b)(6) and Rule 56 standards. Turning first to his claim, Mr. Robinson alleges that the Defendants' \"actions were intentional, extreme, and outrageous during all matters....\" Am. Compl. 85. The University's Title investigation and findings were \"done purposefully and intentionally to injure Plaintiff, who was in fact injured, and to assure a result that found Plaintiff responsible for the alleged sexual harassment of which he was wrongly accused.\" Id. at 86. In short, Mr. Robinson believes that the University knowingly made an example out of him to \"quell the student and community unrests related\" to instances of campus sexual assault. Id. at 87 prima facie showing of requires \"(1) extreme and outrageous conduct on the part of the defendant which (2) intentionally or recklessly (3) causes the plaintiff severe emotional distress.\" Sere v. Group Hospitalization, Inc. , 443 A.2d 33, 37 (D.C. 1982) (cleaned up). To meet the first prong, 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 community.\" Id. This is a high bar. The District of Columbia Court of Appeals has found an claim insufficient even though an employer allegedly \"targeted [an employee] for a sexual harassment investigation, manufactured evidence against him in order to establish a false claim of sexual harassment, leaked information from the investigation to other employees, and unjustifiably demoted him.\" Kerrigan v. Britches of Georgetowne, Inc. , 705 A.2d 624, 628 (D.C. 1997). 2/17/25, 1:00 Robinson v. Howard Univ., Inc., 335 F. Supp. 3d 13 | Casetext Search + Citator 20/24 \"[D]rawing all reasonable inferences in Mr. [Robinson's] favor,\" the facts are \"less egregious than those in Kerrigan .\" North v. Catholic Univ. of America , 310 F. Supp. 3d 89, 95 (D.D.C. 2018). North is particularly instructive. In that case, a student alleged that university personnel investigating allegations of sexual harassment against him were \"not adequately trained to conduct their fact-finding role.\" Id. He also claimed that because of \"the University's flawed process and failure to have or follow its own procedures, he was erroneously held responsible for the offense.\" Id. He argued that university administrators showed a \"clear bias\" against him and were \"openly hostile\" to him. Still, this Court found that this was like the \"type of employer- employee conflict that does not, as a matter of law, rise to the level of outrageous conduct.\" Id. The same conclusion applies here. Even if Mr. Robinson's investigation were handled *31 poorly, Ms. Smiley improperly weighed the evidence against him, and he was denied a complete opportunity to contest the allegations against him, he has still failed to sufficiently allege conduct so outrageous and extreme as to go beyond all possible bounds of decency. And despite his repeated claims of a pernicious, anti-male bias, Mr. Robinson offers no facts or allegations from which the Court can reasonably infer such a motive. His claim fails to clear the bar. 31 His claim falls short, too. Under the District of Columbia's laws, a plaintiff may recover for under either of two theories. First, the \"well- established \u2018zone of danger\u2019 test allows a plaintiff to recover \u2018for mental distress if the defendant's actions caused the plaintiff to be in danger of physical injury and if, as a result, the plaintiff feared for his own safety.\u2019 \" Islar v. Whole Foods Mkt. Grp., Inc. , 217 F. Supp. 3d 261, 268 (D.D.C. 2016) (quoting Hedgepeth v. Whitman Walker Clinic , 22 A.3d 789, 796 (D.C. 2011) (en banc) ). Second, a plaintiff can recover if there is a \"special relationship\" between the parties that \"necessarily implicates the plaintiff's emotional well-being.\" Id. Mr. Robinson does not allege the existence of a zone of danger or any risk of physical injury. And he has not alleged anything besides an \"arm's length, supervisor-employee relationship\" with Mr. Wutoh, the Title personnel, or other University officials. Id. Merely alleging an employer-employee 2/17/25, 1:00 Robinson v. Howard Univ., Inc., 335 F. Supp. 3d 13 | Casetext Search + Citator 21/24 relationship \"foreclose[es] any \u2018special relationship\u2019 liability.\" Id. Mr. Robinson therefore cannot recover on an theory. Mr. Robinson also believes that the University \"breached its duty of care, good faith, and fair dealings.\" Am. Compl. 96. He suggests that the University negligently hired and supervised Ms. Smiley. Id. at 95-96. He rehashes his arguments that the investigative process and resulting decision were impermissibly based on the \"subjective experience of the victims.\" Id. at 96. And he suggests that the University \"intentionally, recklessly and/or negligently fail[ed] to conduct a proper conflicts check to assure that Plaintiff's appeal was decided by an unbiased investigator other than by Smiley who was biased and conflicted.\" Id. at 97. His negligence claim suffers from the same fatal defect as the rest of his allegations. It is based on unfounded speculation and conclusory statements. Negligent hiring or supervision, for instance, requires a showing that \"an employer knew or should have known its employee behaved in a dangerous or otherwise incompetent manner, and that the employer, armed with that actual or constructive knowledge, failed to adequately supervise the employee.\" Giles v. Shell Oil Corp. , 487 A.2d 610, 613 (D.C. 1985) (citation omitted). Far from acting in a dangerous or incompetent manner, Ms. Smiley and Mr. Wutoh appear to have followed the University's Title Policy, relied on objective evidence in making their decision, and afforded Mr. Robinson many opportunities to raise arguments in his favor. Thus, Mr. Robinson has failed to sufficiently allege a negligence claim. And, even if Mr. Robinson he has adequately stated claims for IIED, NIED, and negligence, Ms. Smiley's Title Report and the University's actions discussed above show that neither she, Mr. Wutoh, nor other University officials intentionally, recklessly, or negligently caused Mr. Robinson the emotional distress he felt. E. Finally, Count 10 of the First Amended Complaint seeks declaratory and *32 injunctive relief. Am. Compl. 98. Mr. Robinson contends that his \"career opportunities have been severely damaged,\" and he seeks a permanent injunction requiring the University \"to eliminate the anti-male bias and 32 2/17/25, 1:00 Robinson v. Howard Univ., Inc., 335 F. Supp. 3d 13 | Casetext Search + Citator 22/24 improper, unknown and unpublished processes and procedures\" used by the Title Office request for declaratory judgment constitutes a form of relief, not a cause of action.\" Fitts v. Fed. Nat'l Mortg. Ass'n , 44 F. Supp. 2d 317, 330 (D.D.C. 1999). Because the Court will dismiss or grant summary judgment to the Defendants on his preceding claims, Mr. Robinson has stated no cause of action for which equitable relief may be granted. V. Professor Robinson used an inappropriate and sexually suggestive question during one of his lectures. After some of his students reported the question, the University investigated and reasonably decided to reprimand him, monitor some of his future lectures and test questions, and require him to take sensitivity training. His disagreement with this decision does not provide sufficient legal grounds for the many claims and allegations he has raised. The Defendants' Motion to Dismiss or in the Alternative, Motion for Summary Judgment will be granted. The Plaintiff's Motion to Delay Response to the Defendants' motion will be denied separate order will issue. About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support 2/17/25, 1:00 Robinson v. Howard Univ., Inc., 335 F. Supp. 3d 13 | Casetext Search + Citator 23/24 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, 1:00 Robinson v. Howard Univ., Inc., 335 F. Supp. 3d 13 | Casetext Search + Citator 24/24", "7373_107.pdf": "Case Overview Howard University: Professor Subjected to 504- Day Investigation and Sanctions for Hypothetical Test Question Involving Waxing Howard University On May 4, 2017, Howard University law professor Reginald Robinson was deemed responsible for sexual harassment after two students complained about a test question involving a Brazilian wax and an upset client. After a 504-day investigation, administrators determined that Robinson would be required to undergo mandatory sensitivity training, prior administrative review of future test questions, and classroom observation. Robinson also received a stern warning that any further \u201cviolations\u201d of the university\u2019s Title policies may result in his termination wrote to Howard on June 16 demanding that Robinson\u2019s sanctions be removed. Howard did not respond by the June 30 deadline. Academic Freedom Free Speech Title Howard University Become a member \u00a9 2024 Foundation for Individual Rights and Expression 510 Walnut St. | Suite 900 Philadelphia 19106 fire@thefire.org 215-717"} |
7,857 | Pete Hill | University of Wisconsin – Whitewater | [
"7857_101.pdf",
"7857_102.pdf",
"7857_103.pdf",
"7857_104.pdf"
] | {"7857_101.pdf": "former University of Wisconsin-Whitewater student has filed a lawsuit in federal court accusing the university and System for failing to protect her and others from sexual harassment by a former chancellor\u2019s husband Former UW-Whitewater student sues over sexual harassment by former chancellor\u2019s husband Federal lawsuit claims campus and Board of Regents failed to protect women targeted by Alan 'Pete' Hill 8, 2021 Listen student walks into the University Center on Friday, Oct. 2, 2020, at UW-Whitewater. Angela Major Privacy - Terms Overnight Classics Music 2/17/25, 1:01 Former UW-Whitewater student sues over sexual harassment by former chancellor's husband 1/5 complaint filed Tuesday with the U.S. District Court for the Eastern District of Wisconsin accuses UW-Whitewater and the System of not taking appropriate actions to protect former student Stephanie Goettl Vander Pas and other women from inappropriate comments and unwanted touching by Alan \u201cPete\u201d Hill, the husband of former UW-Whitewater Chancellor Beverly Kopper. Neither Vander Pas nor her attorney, Lisle Blackbourn, responded to requests for comment. Stay informed on the latest news Sign up for WPR\u2019s email newsletter. Email Submit In December 2012, Vander Pas was a senior at the school and had the first of many unavoidable interactions with Hill, according to the complaint. At the time, Vander Pas was a member of the Whitewater City Council and attended a holiday party at then Chancellor Richard Telfer\u2019s home when Hill told her that she was a \u201cvery pretty girl.\u201d Hill\u2019s wife, Beverly Kopper, was the campus\u2019 provost at the time. In May 2015, Kopper was named the 16th chancellor of UW-Whitewater. Soon after, then System President Ray Cross offered Hill \u201ca formal appointment as an unpaid member of the academic staff with the title of Associate of the Chancellor.\u201d In October 2015, Vander Pas enrolled in UW-Whitewater\u2019s Master of Business Administration program. That same month, she and Hill crossed paths at a coffee shop in Whitewater. The complaint alleges Hill initiated a hug without her Overnight Classics Music 2/17/25, 1:01 Former UW-Whitewater student sues over sexual harassment by former chancellor's husband 2/5 consent, slid his hand underneath her skirt \u201cand grabbed Stephanie\u2019s buttocks underneath her clothing.\u201d The suit contends that after Hill assaulted Vander Pas, \u201che continued to engage in predatory sexual harassment of Stephanie, including hugging Stephanie at events without her consent.\u201d The lawsuit alleges that Hill\u2019s behavior toward female students was well known on campus and that he harassed other women without facing consequences. Several formal investigations into Hill\u2019s behavior were launched starting in 2017. But the lawsuit claims that administrators said they couldn\u2019t fire Hill because he wasn\u2019t an employee, but ordered him to receive counseling about sexual harassment. The complaint alleges there is no record of counseling ever happening. Another investigation was launched by the Board of Regents in 2018 after a UW-Whitewater employee filed a formal complaint alleging Hill grabbed her knee under a table. The investigation found that Hill\u2019s behaviors met the standard for creating a hostile work environment and that his \u201cphysical acts have taken place frequently enough to be considered pervasive.\u201d On Sept. 14, 2018, Cross banned Hill from the UW-Whitewater campus and stripped him of his former title. On Dec. 17, 2018, Kopper, Hill\u2019s wife, resigned amid the sexual harassment allegations. Despite the resignation, Kopper collected her full salary for another eight months. Vander Pas\u2019 lawsuit claims that UW-Whitewater knew about Hill\u2019s abusive behavior but took no action to protect victims and thereby violated federal Title statutes and her equal protection and due process rights under the U.S. Constitution. In an emailed statement System spokesman Mark Pitsch said system officials do not comment on pending litigation Board of Regents President Overnight Classics Music 2/17/25, 1:01 Former UW-Whitewater student sues over sexual harassment by former chancellor's husband 3/5 Edmund Manydeeds and Interim UW-Whitewater Chancellor Jim Henderson also declined to comment. Vander Pas is asking a federal judge to find that the actions of UW-Whitewater and the Board of Regents were illegal and in violation of Title IX. She\u2019s also seeking compensatory and punitive damages \u201cin an amount to be determined.\u201d Wisconsin Public Radio, \u00a9 Copyright 2025, Board of Regents of the University of Wisconsin System and Wisconsin Educational Communications Board. Related Stories UW-Madison chancellor removed over concerns about financial mismanagement Milwaukee Area Technical College\u2019s former officer files federal discrimination lawsuit New documents allege former UW-La Crosse Chancellor used university time, resources for porn Overnight Classics Music 2/17/25, 1:01 Former UW-Whitewater student sues over sexual harassment by former chancellor's husband 4/5 \u00a9 2025 by Wisconsin Public Radio, a service of the Wisconsin Educational Communications Board and the University of Wisconsin- Madison UW-Oshkosh chancellor to step down in June 2025 Suspect in homicide of UW-Whitewater star gymnast makes first court appearance Overnight Classics Music 2/17/25, 1:01 Former UW-Whitewater student sues over sexual harassment by former chancellor's husband 5/5", "7857_102.pdf": "From Casetext: Smarter Legal Research Pas v. Bd. of Regents of Univ. of Wis. Sys. United States District Court, Eastern District of Wisconsin May 19, 2022 No. 21-CV-1148 (E.D. Wis. May. 19, 2022) Copy Citation Download Check Treatment Meet CoCounsel, pioneering that\u2019s secure, reliable, and trained for the law. Try CoCounsel free 21-CV-1148 05-19-2022 PAS, Plaintiff, v SYSTEM, Defendant. J.P. Stadtmueller U.S. District Judge Sign In Search all cases and statutes... Opinion Case details 2/17/25, 1:01 Pas v. Bd. of Regents of Univ. of Wis. Sys., No. 21-CV-1148 | Casetext Search + Citator 1/20 J.P. Stadtmueller U.S. District Judge This case comes before the Court on (1) Defendant Board of Regents of the University of Wisconsin System's (the \u201cBoard\u201d) motion to dismiss for failure to state a claim, and (2) Plaintiff Stephanie Goettl Vander Pas's (\u201cVander Pas\u201d) motion to amend her Complaint Nos. 9, 15. Both motions are fully briefed. For the reasons stated herein, the Court grants in part and denies in part the Board's motion to dismiss. The Court grants Vander Pas's motion to amend her Complaint. 1 Federal Rule of Civil Procedure 12(b) provides for the dismissal of complaints which, among other things, \u201cfail[] to state a claim upon which relief can be granted.\u201d Fed.R.Civ.P. 12(b)(6). To state a claim, a complaint must provide \u201ca short and plain statement of the claim showing that the pleader is entitled to relief.\u201d Fed.R.Civ.P. 8(a)(2). In other words, the complaint must give \u201cfair notice of what the . . . claim is and the grounds upon which it rests.\u201d Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). The allegations must \u201cplausibly suggest that the plaintiff has a right to relief, *2 raising that possibility above a speculative level.\u201d Kubiak v. City of Chicago, 810 F.3d 476, 480 (7th Cir. 2016) (internal citation omitted). Plausibility requires \u201cmore than a sheer possibility that a defendant has acted unlawfully.\u201d Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Twombly, 550 U.S. at 556). The Court is required to \u201caccept as true all of the well-pleaded facts in the complaint and draw all reasonable inferences in favor of the plaintiff.\u201d Kubiak, 810 F.3d at 480-81. However, the Court \u201cneed not accept as true legal conclusions, or threadbare recitals of the elements of a cause of action, supported by mere conclusory statements.\u201d Brooks v. Ross, 578 F.3d 574, 581 (7th Cir. 2009) (citing Twombly, 550 U.S. at 555-56). 2 2 2.1 UWW's History of Deliberate Indifference According to Vander Pas, the University of Wisconsin-Whitewater (\u201cUWW\u201d) has an extensive \u201chistory of deliberate indifference to sexual harassment and assault No. 1 at 5. Indeed is one of 55 higher 2/17/25, 1:01 Pas v. Bd. of Regents of Univ. of Wis. Sys., No. 21-CV-1148 | Casetext Search + Citator 2/20 education institutions under investigation by the U.S. Department of Education (\u201cDOE\u201d) for mishandling sexual violence and harassment reports. Id. at 6. For example, in January of 2013, Timothy Fader (\u201cFader\u201d), the former wrestling coach, reported a sexual assault to the Athletic Director. Id. at 5. The Athletic Director did not record the report. Id. In April of 2014, Fader reported another sexual assault directly to the police. Id. Fader was thereafter terminated from his position. Id. Fader's termination was highly publicized by the media. Id. at 6. Vander Pas contends that \u201c[t]he firing of Fader and the resulting publicity made it abundantly clear to [UWW] employees and students, and specifically [Vander Pas], that those who report instances of sexual assault would themselves be punished.\u201d Id. *3 3 In 2014, a student (\u201cJane Doe 1\u201d) reported that she was raped by a student. Id. Jane Doe 1 filed suit against UWW, alleging that did not interview witnesses, accept her police report and medical records, or remove the perpetrator from her classes. Id. at 7. Vander Pas contends that, because of this incident, she was \u201creluctant to come forward with reports about sexual assault and harassment, \u201d thus \u201cma[king] it easier for individuals . . . to engage in sexually harassing and assaultive behavior.\u201d Id. 1 1 The Court adopts the Jane Doe names recited herein from Vander Pas's Complaint No. 1. 2.2 Vander Pas's Background and Assault Vander Pas enrolled as a freshman at in the fall of 2009. Id. at 2. On December 2, 2009, Beverly Kopper (\u201cKopper\u201d) was hired as UWW's Provost and Vice Chancellor for academic affairs. Id. at 3. Kopper's husband was Alan Hill a/k/a Pete Hill (\u201cHill\u201d). Id. at 2. Vander Pas held a variety of leadership positions at and in the City of Whitewater, which led her to attend many UWW-sponsored events and gatherings. Id. at 3. In December of 2012, Vander Pas attended a party where she met Hill, who she alleges \u201chad a reputation throughout the [UWW] community as a man who frequently initiated unwanted physical contact with [UWW] female students and employees.\u201d Id. During the party, Hill told Vander Pas that she 2/17/25, 1:01 Pas v. Bd. of Regents of Univ. of Wis. Sys., No. 21-CV-1148 | Casetext Search + Citator 3/20 was a \u201cvery pretty girl.\u201d Id. Until her graduation in the spring of 2013, Vander Pas contends that she had \u201cunavoidable contact\u201d with Hill at UWW- sponsored events and gatherings. Id. Hill continued to make comments to Vander Pas, such as, \u201cYou are a beautiful woman, \u201d \u201cThat dress fits you just right don't know why you are with him, \u201d and \u201cThere are other guys who would like to have a chance with you.\u201d Id. at 4. *4 4 On May 26, 2015 announced Kopper as the new Chancellor. Id. On May 27, 2015, the University of Wisconsin System's President, Ray Cross (\u201cCross\u201d), appointed Hill a \u201cmember of the academic staff\u201d with the title Associate of the Chancellor. Id. Hill accepted the position. Id. at 5. In the fall of 2015, Vander Pas re-enrolled at to pursue her MBA. Id. at 7. Vander Pas continued to hold leadership positions in the and Whitewater communities. Id. After a meeting in October of 2015, Vander Pas drove to a coffee shop where she ran into Hill. Id. at 8. Vander Pas, hoping to \u201cstop Hill from making inappropriate comments or initiating unwanted physical contact, \u201d told Hill that she had just left a meeting with Kopper. Id. Nonetheless, Hill initiated a full-frontal hug of Vander Pas without her consent. Id. During the hug, Hill \u201cforced his hand between [Vander Pas's] body and skirt and grabbed [her] buttocks underneath her clothing.\u201d Id. Vander Pas was unable to escape. Id. Afterwards, Hill told Vander Pas to \u201c[h]ave a great day.\u201d Id. Thereafter, Hill frequently hugged and winked at Vander Pas. Id. On October 28, 2015, Vander Pas attended a Whitewater banquet. Id. at 9. During the banquet, Hill \u201crepeatedly put his arm around [Vander Pas's] body without [her] consent\u201d and winked at Vander Pas. Id. While Hill was touching and winking at Vander Pas, Kopper was standing right next to Hill. Id. 2.3 Hill's Conduct Towards Other Students and Employees Vander Pas alleges many examples of conduct perpetrated by Hill towards students and employees, which she contends form \u201ca pattern of predatory sexual harassment and assaultive behavior.\u201d Id. at 9. *5 5 For example, during the fall of 2015, a student (\u201cJane Doe 3\u201d) worked at events that Hill attended. Id. at 12. At these events, Hill initiated 2/17/25, 1:01 Pas v. Bd. of Regents of Univ. of Wis. Sys., No. 21-CV-1148 | Casetext Search + Citator 4/20 unwanted hugs with Jane Doe 3, during which he grabbed her waist or lower back to pull her closer. Id. Hill also kissed Jane Doe 3 and grabbed her buttocks during events at Kopper's home. Id. Bob Barry and Angela Meladonia, Executive Director and Associate Director of the University Center, referred to Jane Doe 3 as \u201cPete's favorite\u201d and ensured that she was staffed on events attended by Hill. Id. at 13. In 2015, Hill began to give unwanted hugs to a employee (\u201cJane Doe 4\u201d). Id. at 17. In one instance, Hill put his hands on Jane Doe 4's face and leaned in for a kiss. Id. Jane Doe 4 turned her head, and Hill kissed her cheek and whispered to her. Id. In February of 2018, Hill put his hand on Jane Doe 4's lower back and whispered, \u201c[y]ou look really good, [Jane Doe 4].\u201d Id. at. 18. In April of 2018, Hill grabbed Jane Doe 4's knee at least three times at an event where she was seated between Hill and Kopper. Id. In 2016, a graduate student (\u201cJane Doe 2\u201d) was employed by Kopper's office. Id. at 10. In May 2016, Hill came into Kopper's office and introduced himself to Jane Doe 2. Id. Hill thereafter initiated hugs and kissed Jane Doe 2 on her neck without her consent. Id. He also made comments such as, \u201cDamn, you look good today.\u201d Id. On one occasion, after Jane Doe 2 stood up, Hill said \u201cDamn\u201d and initiated a 10-20-second hug. Id. During the hug, Hill commented, \u201cHow long can we do this?\u201d Id. Hill then kissed Jane Doe 2 on her neck and slapped her on her buttocks. Id. In August of 2016, Jane Doe 2 told Hill that she does not like hugs; Hill encouraged her to \u201cpractice hugging.\u201d Id. at 11. He also told her, \u201cI'm very attracted to you, but I'm sure you already know that.\u201d Id. On August 4, 2016, Hill told Jane Doe 2 that \u201cugly women only get love past 1:00 a.m.\u201d *6 Id. Both Kari Heidenreich (\u201cHeidenreich\u201d) and Sara Kuhl (\u201cKuhl\u201d), the Chancellor's Executive Assistant and Director of Marketing and Media Relations, overheard and laughed. Id. Both Heidenreich and Kuhl are mandatory reporters pursuant to policy. Id. That policy provides: 6 Mandatory Reporting of Sexual Misconduct: Any employee who experiences, witnesses or otherwise becomes aware of an incident, allegation, complaint or information regarding sexual misconduct committed by or against a student, employee, contractor or guest, 2/17/25, 1:01 Pas v. Bd. of Regents of Univ. of Wis. Sys., No. 21-CV-1148 | Casetext Search + Citator 5/20 Id. at 12. Neither Heidenreich nor Kuhl reported the incident. Id. *7 Id. Vander Pas alleges that did not assess the allegations, nor did it implement measures or accommodations during the investigation. Id. The investigator concluded that the complaint could not be substantiated, and shall submit a written report of said information to the Title Coordinator, Dean of Students Office, Deputy Title Coordinators or UW-Whitewater Police Services within 48 hours from the time said information was received or as soon as practicably possible. Aimee Arnold (\u201cArnold), a employee between 2007 and 2008 and 2010 and 2017, interacted with Hill at events. Id. at 24. Hill called Arnold \u201choney, \u201d \u201csweetie, \u201d or \u201cbaby, \u201d which made Arnold feel uncomfortable. Id. Arnold described Hill as \u201ccreepy\u201d and a \u201ctwo-handed hugger, \u201d and she advised a woman in her office to avoid engaging with Hill. Id. Arnold asked Judi Trampf (\u201cTrampf\u201d), UWW's Director of Human Resources, whether Arnold was permitted to instruct her employees not to meet with Hill alone. Id. Arnold was \u201cconcerned she would be fired if she provided her employees with such instructions.\u201d Id. Both Arnold and Trampf are mandatory reporters; neither reported Hill's conduct. Id. In May 2017, following a complaint by Jane Doe 3 to Artanya Wesley (\u201cWesley\u201d), the Dean of Students, the Board hired a private investigator to investigate Hill's conduct. Id. at 14 policy reads: Upon receipt of a report or complaint of a violation of this policy, the appropriate office or UW-Whitewater official shall conduct an initial assessment of the allegations contained in 7 the complaint and determine whether interim measures or accommodations (See Appendix for definitions) should be provided in order to prevent further harassment or retaliation against the complainant(s), witness or respondent(s). The purpose of an interim measure(s) or accommodation(s) shall be to prevent further harassment or retaliation during the pendency of the complaint and investigative process. 2/17/25, 1:01 Pas v. Bd. of Regents of Univ. of Wis. Sys., No. 21-CV-1148 | Casetext Search + Citator 6/20 Paige Smith (\u201cSmith\u201d), the Title Coordinator, told Kopper that Hill should \u201cwatch his actions and spirits around students.\u201d Id. at 15. Following this investigation, Shenita Brokenburr, the University of Wisconsin's Head of Human Resources, ordered that Hill be counseled on sexual harassment. Id. at 16. Vander Pas contends that no record of the counseling exists and that did not ensure that Hill completed the counseling. Id. In 2018, Hill sought an exemption from mandatory sexual harassment awareness training, which granted. Id. Also in 2018, Jane Doe 4 reported Hill's conduct to Smith. Id. At 18. Smith told Jane Doe 4, \u201cIf it's any consolation, you aren't the only one.\u201d Id. Smith did not take any further action. Id. Jane Doe 4 reported Hill's conduct again in April 2018. Id. On April 20, 2018, the Board hired another investigator (\u201cBradbury\u201d) to investigate Hill's conduct. Id. Again did not assess the allegations, or implement interim measures. Id. at 19. 2.4 Hill's Ban and Further Conduct Towards Vander Pas As the second investigation commenced, Vander Pas heard that Hill had been banned from campus. Id. Based on this, Vander Pas attended a *8 gala on April 21, 2018. Id. Hill was at the gala. Id. While at the gala, Hill winked at Vander Pas and made finger gun gestures at her. Id. 8 On June 12, 2018, Bradbury found that Hill had engaged in conduct that created a hostile work environment. Id. at 20. Cross banned Hill from campus on June 22, 2018, which apparently entailed a termination of Hill's position as Associate of the Chancellor and a prohibition from attending events on campus. Id. Neither the Board nor warned the campus about Hill's behavior in the intervening ten days. Id. On September 14, 2018, Kopper notified campus of Hill's ban. Id. at 21. Media outlets and legislative spokespeople questioned UWW's failure to immediately notify the campus of Hill's ban apart from simply taking away his badge. Id. On September 19, 2018 commenced a third investigation into Hill. Id. The third investigation, combined with the publicity, led to several more reports about Hill. Id. at 23. For example, Jane Does 5 and 6, both employees of UWW, reported unwanted physical contact initiated by Hill and 2/17/25, 1:01 Pas v. Bd. of Regents of Univ. of Wis. Sys., No. 21-CV-1148 | Casetext Search + Citator 7/20 comments laden with sexual innuendo. Id. Jane Doe 7, a employee, reported that Hill grabbed her and demanded that she kiss him. Id. Jane Doe 10, a employee, reported that Hill told her at a campus event \u201chow good she looked, \u201d while simultaneously pulling her close to him and rubbing his penis on her leg, all in front of Kopper. Id. at 23-24. The third investigation concluded that \u201c[t]here is credible evidence that [Hill] sexually harassed employees and students.\u201d Id. at 25. As a result, Vander Pas dropped out of the program. Id. at 27. Vander Pas alleges that she has suffered physical and emotional injuries, including insomnia, low energy, muscle tension, PTSD, and major depressive disorder. Id. at 25. *9 9 3 3.1 The Board's Motion to Dismiss The Board moves to dismiss all three counts of Vander Pas's Complaint. Vander Pas does not dispute dismissal of Counts Two and Three, which allege violations of the Equal Protection Clause and the Due Process Clause No. 12 at 2. Accordingly, the Court will grant the Board's motion to dismiss Counts Two and Three. This Order will address only the Board's motion to dismiss Count One, which alleges violations of Title of the Education Amendments of 1972 (\u201cTitle IX\u201d). Vander Pas asserts two theories of liability for her Title claim No. 12 at 2. The first is that the Board violated Title by \u201cmaintaining a general policy of deliberate indifference to reports of sexual harassment, which increased the risk that [Vander Pas] would be assaulted.\u201d Id. (citing No. 1 at \u00b6\u00b6 158-64, 174, 186, 190-91). The second is that the Board violated Title by \u201cfailing to adequately respond to [Vander Pas's allegations of] sexual harassment and the sexual harassment of other students and employees.\u201d Id. (citing No. 1 at \u00b6\u00b6 64, 98, 107, 120, 12526, 167, 184). Vander Pas refers to the two theories as (1) a pre-assault claim and (2) a post-assault claim. Id. The Board refers to the two theories as (1) an official policy claim and (2) a post-assault claim No. 14 at 9. 2/17/25, 1:01 Pas v. Bd. of Regents of Univ. of Wis. Sys., No. 21-CV-1148 | Casetext Search + Citator 8/20 Karasek v. Regents of Univ. of Cal., 956 F.3d 1093, 1112 (9th Cir. 2020) (quoting Davis Next Friend LaShonda D. v. Monroe Cnty. Bd. of Educ., 526 U.S. 629, 650 (1999)). The Board's argument rests upon the first element: that Vander Pas's allegations \u201cfail to add up to an \u2018official policy'\u201d of deliberate indifference No. 14 at 8-15. The Board argues that Vander Pas fails to allege an official policy because: (1) Vander Pas's factual allegations do not support an \u201cunwritten custom, practice and policy, \u201d as the Seventh Circuit has considered in analogous Section 1983 Monell claims; and (2) Vander Pas's factual allegations \u201cfail to stack up\u201d against the Tenth and Ninth Circuits' hallmark \u201cofficial policy\u201d cases. Id. *11 The Seventh Circuit has yet to adjudicate a \u201cpre-assault\u201d or \u201cofficial policy\u201d claim under Title IX. The claim derives from Supreme Court dicta, sister Circuit holdings, lower court holdings, and U.S. Department of Education guidance No. 12 at 4-5, 11-12 No. 14 at 8-15. As set forth in the body of this Order, the Court will follow this persuasive precedent and guidance. In the absence of guidance from the Seventh Circuit or the Supreme Court, the Court will recognize an \u201cofficial policy\u201d *10 claim as a distinct, cognizable theory of liability under Title IX. See Reed v. S. Ill. Univ., No. 18-CV-1968, 2020 3077186, at *7 (S.D. Ill. June 10, 2020) (\u201cWhile the issue has not been addressed in the Seventh Circuit, that alone is insufficient to lead this Court to rule definitively that such a claim does not exist or has been rejected or not recognized in this Circuit.\u201d). 10 The Court will address each of Vander Pas's Title theories of liability, (1) official policy and (2) post-assault, in turn. 3.1.1 Title - Official Policy Claim To state a Title official policy claim, a plaintiff must allege that (1) a school maintained a policy of deliberate indifference to reports of sexual misconduct, (2) which created a heightened risk of sexual harassment that was known or obvious (3) in a context subject to the school's control, and (4) as a result, the plaintiff suffered harassment that was \u201cso severe, pervasive, and objectively offensive that it can be said to [have] deprive[d] the [plaintiff] of access to the educational opportunities or benefits provided by the school.\u201d 2 11 2/17/25, 1:01 Pas v. Bd. of Regents of Univ. of Wis. Sys., No. 21-CV-1148 | Casetext Search + Citator 9/20 2 Monell v. Dep't of Soc. Servs. of N.Y., 436 U.S. 658 (1978). The Court first addresses the Board's argument regarding analogous Section 1983 Monell case law. The U.S. Supreme Court, in adopting a deliberate indifference standard for Title post-assault claims, stated that \u201c[c]omparable considerations led to our adoption of a deliberate indifference standard for claims under \u00a7 1983 alleging that a municipality's actions in failing to prevent a deprivation of federal rights was the cause of the violation.\u201d Gebser v. Lago Vista Indep. Sch. Dist., 524 U.S. 274, 291 (1998). Accordingly, when the Tenth Circuit first recognized a Title official policy claim, it turned to Monell for guidance. Simpson v. Univ. of Colo., 500 F.3d 1170, 1177-78 (10th Cir. 2007) (quoting Monell, 436 U.S. at 694). In the absence of guidance from the Seventh Circuit on Title official policy claims, the Court so too turns to Seventh Circuit and U.S. Supreme Court precedent adjudicating Section 1983 Monell claims. The Seventh Circuit has held that an official policy for Monell claims may be a \u201cwidespread, though unwritten, custom or practice.\u201d Milestone v. City of Monroe, Wis., 665 F.3d 774, 780 (7th Cir. 2011 failure to act, where it \u201creflects a \u2018deliberate' or \u2018conscious' choice, \u201d may constitute such a policy. City of Canton, Ohio v. Harris, 489 U.S. 378, 389 (1989 policy will rarely be deliberately indifferent on its face. Where a policy is facially lawful but a plaintiff seeks to demonstrate that \u201cit is the application of such policy that results in a constitutional violation, \u201d she must plead \u201ca series of bad acts[, ] creating an inference that municipal officials were aware of and condoned the misconduct of their employees.\u201d Calderone v. City of Chicago, 979 F.3d 1156, 1164 (7th Cir. 2020) (emphasis added). Vander Pas has done so here. The Board refers the Court to McCauley v. City of Chicago, where the court affirmed dismissal of a Monell claim because the plaintiff did not plead any facts supporting an unwritten custom or policy, stating merely *12 that \u201cthe City has an unwritten custom, practice and policy to afford lesser protection or none at all to victims of domestic violence.\u201d 671 F.3d 611, 617 (7th Cir. 2011). That is not the case here. The Court need not restate all of the relevant facts, see supra Section 2, but instead notes the following. 12 First, Vander Pas pleads at least four examples of UWW's mishandling of sexual assault and/or harassment reports, or mandatory reporters failing to 2/17/25, 1:01 Pas v. Bd. of Regents of Univ. of Wis. Sys., No. 21-CV-1148 | Casetext Search + Citator 10/20 report, prior to her harassment and assault: Fader's two reports, Jane Doe 1's report, and Arnold's report to Trampf about Hill. Moreover, Vander Pas pleads numerous examples of UWW's mishandling of sexual assault and/or harassment reports during her harassment and assault. Kopper observed Hill harass Vander Pas in October of 2015 and did not report it. Barry and Meladonia were aware of Hill's harassment of Jane Doe 3 as early as the fall of 2015 and did not report it. Heidenreich and Kuhl overheard Hill's harassment of Jane Doe 2 in August of 2016 and did not report it. Vander Pas pleads the facts surrounding Jane Doe 3's complaint to Wesley, and Smith's subsequent statement to Hill to \u201cwatch his actions.\u201d Brokenburr ordered that Hill be counseled on sexual harassment in or around 2017, but did not ensure that the counseling was completed permitted Hill to be exempted from mandatory harassment training. In 2018, Smith told Jane Doe 4 when she complained about Hill that, \u201cIf it's any consolation, you aren't the only one.\u201d All of these individuals were mandatory reporters under UWW's policy. Vander Pas also pleads the results of three investigations into Hill, and his ultimate ban from campus. Additionally, Vander Pas also pleads that following her assault and harassment did not inform the campus of Hill's ban until three months after it took place; nor did warn students in the time between *13 the second investigation and Hill's ban is now undergoing a investigation based on its mishandling of sexual assault and/or harassment complaints. 13 \u201c[A] plaintiff's 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 Karasek v. Regents of Univ. of Cal., 500 F.Supp.3d 967, 978 (N.D. Cal. 2020). This is because a plaintiff must be on notice \u201cnot just of the concrete injury[, ] but of its \u2018cause.'\u201d Id. at 979. Because the claim accrues when the plaintiff learns not just of the injury but also of its cause, a Title official policy claim will stand even if the alleged policy of deliberate indifference is uncovered after the assault. This is because \u201c[t]he \u2018cause' for purposes of a[n official policy] action against a university is the school's alleged policy, not just the assault itself.\u201d Id. at 979 (holding that Title official policy claim for assaults that occurred in 2012 2/17/25, 1:01 Pas v. Bd. of Regents of Univ. of Wis. Sys., No. 21-CV-1148 | Casetext Search + Citator 11/20 Karasek v. Regents of Univ. of Cal., 956 F.3d 1093, 1113 (9th Cir. 2020). accrued when audit revealed deficient policy in 2014) (citing for support Two Rivers v. Lewis, 174 F.3d 987, 992 (9th Cir. 1999) (Section 1983 claim accrued when the plaintiff \u201cknew or had reason to know of the . . . employees' deliberate indifference to his medical needs\u201d)). The facts prior to Vander Pas's assault are sufficient to state a claim that had an unwritten custom or policy of deliberate indifference towards sexual assault and/or harassment complaints. Even if they were not, applying Karasek, Vander Pas states a Title official policy claim based on the facts regarding UWW's unwritten custom or policy during her harassment and after her assault. The reasoning in Karasek is supported by the Seventh Circuit's holding (analogous to the Ninth Circuit's in Two Rivers, supra) regarding accrual of Section 1983 claims. Devbrow v. Kalu, 705 F.3d 765, 768 (7th Cir. 2013 \u00a7 1983 claim to redress a medical injury *14 arising from deliberate indifference to a prisoner's serious medical needs accrues when the plaintiff knows of his physical injury and its cause.\u201d). 14 The Board's argument that Vander Pas's allegations regarding UWW's policy do not rise to the level of the official policies in the hallmark Tenth and Ninth Circuit \u201cofficial policy\u201d cases is similarly unavailing. The Board distinguishes the Tenth Circuit's holding in Simpson by pointing to the fact that, there, the university \u201csanctioned, supported, [and] even funded\u201d one specific football recruiting program designed to show young male recruits \u201ca good time.\u201d 500 F.3d at 1178. In Karasek, however, the Ninth Circuit reviewed the Tenth Circuit's holding in Simpson and held that, while it may be easier to establish a causal link between a school's policy of deliberate indifference and the plaintiff's harassment when the heightened risk of harassment exists in a specific program .... [W]e will not foreclose the possibility that a plaintiff could adequately allege causation even when a school's policy of deliberate indifference extends to sexual misconduct occurring across campus. The Board distinguishes Karasek on the basis that, there, the official policy was uncovered after a comprehensive state audit that found that the university mishandled approximately 76% of Title complaints No. 2/17/25, 1:01 Pas v. Bd. of Regents of Univ. of Wis. Sys., No. 21-CV-1148 | Casetext Search + Citator 12/20 14 at 14 (citing Karasek, 500 F.Supp.2d at 974-75). The Board also notes that the university's Title coordinator \u201cwas on record\u201d saying that the university's informal Title process was inappropriate. Id. The Board argues that Vander Pas's allegations regarding UWW's policy lack the overarching \u201ctie\u201d that the audit provided in Karasek. Id. In Karasek, however, it was not the existence of the audit itself that was dispositive, but rather the audit's individual findings. The audit found *15 commentary by the Title coordinator that supported a faulty policy, that Title investigations were untimely and students did not receive updates, that the university failed to educate the campus on sexual misconduct, and that sexual misconduct mandatory reporters acted inadequately. 500 F.Supp.2d at 984-85. \u201cAs a result\u201d of all of these facts, \u201cthe Audit found that complaints had been mishandled and students' safety had been placed at risk.\u201d Id. at 985. The court held that, \u201c[t]aking all of these allegations as true, they are sufficient to show that the University maintained a de facto policy of deliberate indifference toward sexual misconduct on campus. This is not to say, of course, that the University did maintain such a policy conclude only that the plaintiffs have plausibly claimed that it did.\u201d Id. 15 So too is the Court's decision here. Vander Pas alleges that Smith, the Title coordinator, told complainants that they were not alone. UWW's Title proceedings did not include a review of all relevant evidence, nor did misconduct investigations follow written policy. Hill was given an exemption from sexual harassment training, and multiple mandatory reporters-including two who allegedly knew of misconduct by Hill prior to Vander Pas's assault-failed to report. See id. at 990 (plaintiff pleads causation where the same assailant had already been reported). Vander Pas has sufficiently stated a Title \u201cofficial policy\u201d claim. 3.1.2 Title - Post-Assault Claim To state a Title post-assault claim, a plaintiff must allege that the defendant educational institution \u201c(1) is a recipient of federal funding, and (2) acted with deliberate indifference (3) to known (4) acts of sexual harassment.\u201d Albiez v. Kaminski, No. 09-C-1127, 2011 13157185, *7 (E.D. Wis. Dec. 28, 2011). The parties' dispute as to Hill's conduct prior to May of 2/17/25, 1:01 Pas v. Bd. of Regents of Univ. of Wis. Sys., No. 21-CV-1148 | Casetext Search + Citator 13/20 2017 is centered around the third and fourth elements. The parties' dispute *16 as to Hill's conduct after May of 2017 is centered around the second element. This is because the Board concedes that it \u201cplausibly had actual knowledge\u201d of Hill's misconduct beginning in May of 2017 when Jane Doe 3 met with Wesley No. 10 at 14-15. 16 3.1.2.1 Elements Three and Four As to the third element, the parties agree that the recipient's knowledge need not be of misconduct towards the plaintiff; it may be of misconduct towards others by the same person that ultimately harms the plaintiff No. 10 at 12 (citing Hansen v. Bd. of Tr. of Hamilton Sch. Corp., 551 F.3d 599, 606-07 (7th Cir. 2008 No. 12 at 13-14. The Board allows that officials have the requisite knowledge of misconduct regarding \u201cincidents that they witness or that have been reported to them No. 10 at 13 (quoting Doe v. Galster, 768 F.3d 611, 618 (7th Cir. 2014)). The Board argues, however, that absent allegations of knowledge by \u201can official who at a minimum has authority to address the alleged discrimination and to institute corrective measures, \u201d a post-assault claim will not lie No. 10 at 13 (citing Gebser v. Lago Vista Indep. Sch. Dist., 524 U.S. 274, 290 (1998)). The Board maintains that the incidents prior to May of 2017 are insufficient to satisfy the Gebser actual knowledge standard because Vander Pas does not allege that the mandatory reporters she names had the ability to institute corrective measures. Id. at 15-17. Vander Pas responds that this lack of precision is not detrimental to her claims No. 12 at 17. She argues that it is \u201creasonable to infer from a job title whether an employee had authority . . . to institute corrective measures.\u201d Id. The Court agrees. At a minimum, it is reasonable to infer that a member of Kopper's cabinet, UWW's Director of Human Resources, and Kopper herself had the ability to institute corrective measures. Vander Pas *17 alleges that Arnold witnessed misconduct by Hill and reported it to Trampf. Kopper witnessed Hill rub his penis on Jane Doe 10's leg. Kopper also witnessed Hill touch and wink at Vander Pas in October of 2015. At this stage, where the Court must \u201cdraw all reasonable inferences in favor of the plaintiff, \u201d the 17 2/17/25, 1:01 Pas v. Bd. of Regents of Univ. of Wis. Sys., No. 21-CV-1148 | Casetext Search + Citator 14/20 Court infers that these individuals had the authority to institute corrective measures. Kubiak, 810 F.3d at 480-81. It may be revealed in discovery that these individuals did not, in fact, have the requisite authority. It may too be revealed that other individuals named as mandatory reporters with knowledge of Hill's conduct during Vander Pas's harassment in the fall of 2015 and in 2016 did have such authority. Discovery may also reveal the timeline of these incidents and whether the incidents without specific dates occurred prior to Vander Pas's assault in October of 2015, during her harassment, or afterwards. As to the fourth element, discovery may also reveal whether these individuals believed what they witnessed was actionable, or whether, as the Board argues, these incidents did not give rise to an \u201cobvious risk that Hill would commit actionable discrimination against [Vander Pas No. 14 at 4. Contrary to the Board's request, the Court will not weigh whether the alleged conduct is more or less indicative of such a risk than in other cases. That request is an issue of fact that is inappropriate at the pleadings stage. This is bolstered by the fact that the Board's proffered cases for comparison were decided long after the pleadings stage No. 14 (citing Doe v. St. Francis Sch. Dist., 694 F.3d 869 (7th Cir. 2012); J.F.K. v. Troup Cnty. Sch. Dist., 678 F.3d 1254 (11th Cir. 2012); Doe v. Flaherty, 623 F.3d 577 (8th Cir. 2010)). Vander Pas is not required to prove these issues at this stage; she is required only to adequately plead her claim. She has done so. *18 18 3.1.2.2 Element Two The parties generally agree that courts consider deliberate indifference, for purposes of a post-assault Title claim, to be \u201can official decision by the recipient not to remedy the violation No. 10 at 10 (citing Gebser, 524 U.S. at 290). As to Hill's conduct after May of 2017, Vander Pas contends that the April 21, 2018 winking and finger gun incident constituted continued harassment of which the Board was deliberately indifferent No. 12 at 9. The Board responds that this conduct is insufficient to rise to the level of harassment No. 10 at 1819. As the Court has already stated, it will not consider issues of fact regarding the severity of alleged incidents at the pleadings stage. 2/17/25, 1:01 Pas v. Bd. of Regents of Univ. of Wis. Sys., No. 21-CV-1148 | Casetext Search + Citator 15/20 Hansen, 551 F.3d at 605-06 (internal citations omitted). The Seventh Circuit also addressed a claim for post-notice harassment in Johnson v. Northeast School Corporation. There, a student alleged that, had her school conducted a proper investigation, it would have expelled the perpetrator and the student \u201cwould not have been subjected to some of the alleged harassment she faced at school.\u201d 972 F.3d 905, 912 (7th Cir. 2020). The court addressed this claim on summary judgment, where it determined that the school's post-notice response was not deliberately indifferent, not that the claim was not viable. Deliberate indifference is not the question before the Court today; the In the alternative, however, Vander Pas argues that Hill's presence on campus and UWW's deliberate indifference towards others' reports after May of 2017 caused her continued vulnerability until Hill's campus ban in June of 2018. Vander Pas argues that is liable for this \u201cpostnotice\u201d period because \u201cits deliberate indifference . . . at a minimum, cause[d] students to undergo harassment or ma[de] them liable or vulnerable to it No. 12 at 14 (quoting Davis, 526 U.S. at 649). Vander Pas cites a series of Circuit and District court opinions recognizing such a post-notice \u201cvulnerability\u201d claim. Id. at 14-15. The Board distinguishes the cases, arguing that they recognize a university's liability for post-notice vulnerability caused by deliberate indifference where the plaintiff herself reported the harassment No. 14 at 7-8. Here, the Board's argument goes, Vander Pas never herself reported her assault and harassment; the Board's notice in May of 2017 and thereafter came from others' reports. Id. While the Seventh Circuit has not yet addressed this question head on, the Court finds that the distinction of \u201cwho reported\u201d the harassment *19 or assault, thus giving the university notice, is one with no basis in the law. The Seventh Circuit has already held that 19 a school district need not possess actual knowledge of a teacher's acts directed at a particular plaintiff, but it must still have actual knowledge of misconduct that would create risks so great that they are almost certain to materialize if nothing is done. Thus, if a teacher had been known to be a \u201cserial harasser, \u201d a school district might be found to have actual knowledge of that teacher's misconduct and that students may be at great risk. 2/17/25, 1:01 Pas v. Bd. of Regents of Univ. of Wis. Sys., No. 21-CV-1148 | Casetext Search + Citator 16/20 question is only whether a plaintiff can state a claim for postnotice harassment where the university's notice came from other students. The Court determines that such a claim is viable. See also Doe v. Bd. of Regents of Univ. of Wis., No. 20-CV-856-WMC, 2021 5114371, at *3 (W.D. Wis. Nov. 3, 2021) (\u201c[P]laintiff has adequately pleaded actionable harassment on the part of by alleging that she was forced to attend school with her perpetrator .... a situation that was fully within control and which had the authority to prevent .... At the pleadings stage, this is sufficient.\u201d); U.S. Department of Education, Statement of Interest, No. 20-CV-3081 (D. Neb. Jan. 14, 2022) (\u201cTo plausibly plead deliberate *20 indifference for a post- assault claim, plaintiffs may allege facts showing either that the school's response (or lack thereof) caused them to undergo further harassment . . . or made them vulnerable to potential further harassment . . . or both.\u201d) (citing Davis, 526 U.S. at 645). 20 Vander Pas alleges three investigations into Hill after May of 2017, as well as his ban from campus and termination. Vander Pas was afraid to attend events on campus until she heard that Hill had been banned. She also pleads that she was placed further at risk due to the length of time between the second investigation and Hill's ban. Whether was, indeed, deliberately indifferent so as to create a causal nexus to Vander Pas's feelings of vulnerability is not a question at the pleadings stage. The Court will deny the Board's motion to dismiss Vander Pas's Title claim. 3.2 Vander Pas's Motion to Amend Vander Pas moves to amend her Complaint to (1) remove Counts Two and Three, (2) add additional allegations of harassment of Vander Pas by Hill, and (3) add a count for violation of Wis.Stat. \u00a7 19.35 No. 15. The Board opposes the motion on the basis that Vander Pas does not state in her motion what the new harassment allegations are, that Vander Pas delayed in pleading the new harassment allegations and that they are futile because she does not explain why they are legally relevant, and that the Court lacks jurisdiction over the Wis.Stat. \u00a7 19.35 claim No. 16. The Board cites McIntosh v. Jadin to support its argument that Vander Pas does not comply with Civil Local Rule 15 because her motion does not state 2/17/25, 1:01 Pas v. Bd. of Regents of Univ. of Wis. Sys., No. 21-CV-1148 | Casetext Search + Citator 17/20 what the new harassment allegations are. No. 09-CV-1106, 2010 5180123 (E.D. Wis. Dec. 15, 2010). But in that case, the court was unable to discern the new allegations because the plaintiff did not attach a proposed amended complaint, nor did he explain the substance of the new allegations *21 other than stating they \u201crelate back\u201d to the complaint. Id. at *1. That is not the case here. Vander Pas attaches a proposed amended complaint and describes the proposed changes with sufficient specificity. The Board was- and is- capable of running a \u201cCompare\u201d between the Complaint and the proposed amended complaint if reading the document does not suffice to discern the new allegations. 21 The proposed amended complaint adds allegations regarding multiple additional incidents of alleged harassment by Hill of Vander Pas, particularly in the post-May 2017 period. These include additional allegations witnessed by Kopper. The Board spends a significant portion of its dismissal briefing arguing that the allegations during this period are deficient. Thus, the new allegations are clearly legally relevant. This case is in its infancy and remains at the pleadings stage; therefore, the Court does not find undue delay or undue prejudice. Vander Pas also pleads her ongoing efforts to pursue open records requests, which may support why Vander Pas' memory is refreshed, and the allegations are added, now. Finally, the Court is persuaded that Vander Pas's Wis.Stat. \u00a7 19.35 claim \u201cderives from a common nucleus of operative fact\u201d such that it \u201cform[s] part of the same case or controversy\u201d as Vander Pas's Title claim. McCoy v. Iberdola Renewables, Inc., 760 F.3d 674, 682-83 (7th Cir. 2014). In January of 2019, Vander Pas alleges that she sent open records requests to UWW, the Board, and the University of Wisconsin System requesting, inter alia, documents pertaining to complaints of harassment and/or assault made against Hill No. 15-1 at 27. Three months later, Vander Pas received a set of heavily redacted records. Id. at 28. Vander Pas alleges that the names of report recipients, as well as the dates of the reports, are redacted. Id. at 28-32. Vander Pas sent a second request in July of 2019 and *22 received similar records. Id. at 34. Vander Pas continues to pursue the records, including some 6, 384 emails that were provided to UWW's investigators. Id. at 35. 22 2/17/25, 1:01 Pas v. Bd. of Regents of Univ. of Wis. Sys., No. 21-CV-1148 | Casetext Search + Citator 18/20 The basis for Vander Pas's open records requests is her alleged harassment and assault by Hill. Vander Pas contends that the withheld and unredacted records will allow her to understand who else had knowledge of misconduct by Hill and when they gained that knowledge. These facts relate directly to and arise from Vander Pas's Title claim. The Court determines that it has supplemental jurisdiction over Vander Pas's Wis.Stat. \u00a7 19.35 claim under 28 U.S.C. \u00a7 1367(a) and will grant Vander Pas's motion to amend her Complaint. 4 The Court grants the Board's motion to dismiss Counts Two and Three. The Court denies the Board's motion to dismiss Count One No. 9. The Court grants Vander Pas's motion to amend No. 15. Accordingly that the Board's motion to dismiss for failure to state a claim No. 9, be and the same is hereby in part and in part that Counts Two and Three of Vander Pas's Complaint No. 1 at 27-29, be and the same are hereby without prejudice that Vander Pas's motion to amend her Complaint No. 15, be and the same is hereby GRANTED; and that the Clerk of the Court is directed to docket the proposed Amended Complaint filed as No. 15-1 as Vander Pas's Amended Complaint. About us Jobs News 2/17/25, 1:01 Pas v. Bd. of Regents of Univ. of Wis. Sys., No. 21-CV-1148 | Casetext Search + Citator 19/20 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, 1:01 Pas v. Bd. of Regents of Univ. of Wis. Sys., No. 21-CV-1148 | Casetext Search + Citator 20/20", "7857_103.pdf": "R17-18:04 Submitted by: Sen. Austin May Sen. Ethan Hoeppner Sponsored by: Sen. Johanna Wentworth Sen. Alissa Mautz Resolution Concerning the Issues of the Office of the Chancellor WHEREAS, the Whitewater Student Government (WSG) serves all students attending the University of Wisconsin-Whitewater (UW-W); and, WHEREAS, on September 14, 2018, all students received an e-mail from Chancellor Beverly Kopper explaining a situation regarding the Associate to the Chancellor, and husband, Pete Hill that states: and, The System completed, and has now released an independent investigation into sexual harassment allegations made against the Associate of the Chancellor, Pete Hill, who is my husband. Although we typically do not discuss personnel issues publicly feel it is important to make this one exception and have System's permission to do so fully supported and cooperated with System's investigation. It was determined that the allegations had merit System has ended my husband's unpaid appointment as Associate to the Chancellor and restricted him from attending UW-Whitewater events supported this decision and put it into effect immediately CONCERN, that sexual assault and sexual harassment in any form has no place on the campus; and has, and will be, dealt with severity; and, RECOGNIZING, that students at the have a right to a safe and secure environment above all and may be strongly affected by what they have been exposed to; and, WHEREAS, there have been multiple calls for Chancellor Kopper's resignation as a consequence of Pete Hill's actions; and, REALIZING, that in the face of this adversity Chancellor Kopper stated in the e-mail previously referenced remain deeply committed to serving you and continuing the work of our University to provide our students with an education that is truly transformational and to make a difference in our communities, the state, nation and the world.\"; and RESOLVED, the supports the office of the Chancellor and its efforts to continue serving the student, faculty, and staff at the UW-W; and RESOLVED, that the condemns the actions and alleged actions of former Associate to the Chancellor Pete Hill; and, R17-18:04 Submitted by: Sen. Austin May Sen. Ethan Hoeppner Sponsored by: Sen. Johanna Wentworth Sen. Alissa Mautz RESOLVED, that the has and will continue to support survivors of sexual assault and sexual harassment 7 0 0 CLIRETRiTO KyM 10/22/2018", "7857_104.pdf": "lawsuit alleging the University of Wisconsin System failed to protect women from sexual harassment by the husband of a former UW-Whitewater chancellor has been dismissed in federal court Lawsuit alleging sexual harassment by former UW-Whitewater chancellor\u2019s husband dismissed Suit claimed multiple women on campus were harassed by Pete Hill, husband of former chancellor Beverly Kopper 27, 2023 Listen \u2022 beautifulcataya 2.0) Privacy - Terms Overnight Classics Music 2/17/25, 1:01 Lawsuit alleging sexual harassment by former UW-Whitewater chancellor's husband dismissed 1/5 The suit was filed in October 2021 by Stephanie Geottl Vander Pas, who was an undergraduate and master\u2019s degree student at UW-Whitewater between 2012 and 2015. Her initial complaint alleged former chancellor Beverly Kopper\u2019s husband Alan \u201cPete\u201d Hill made comments about her looks and initiated hugs without her consent. At the time, Hill was often on campus working in an unpaid role as \u201cAssociate of the Chancellor.\u201d On one occasion, according to the complaint, Hill reached underneath her skirt and \u201cgrabbed Stephanie\u2019s buttocks.\u201d Vander Pas argued the university ignored evidence of Hill\u2019s behavior, which caused her physical and emotional pain. She wanted the judge to find that the actions of UW-Whitewater and the System Board of Regents were in violation of federal Title protections.Vander Pas also sought compensatory and punitive damages \u201cin an amount to be determined.\u201d Stay informed on the latest news Sign up for WPR\u2019s email newsletter. Email Submit In 2018, former System President Ray Cross banned Hill from the UW- Whitewater campus after a System investigation found his behavior met the standard for creating a hostile work environment. Former chancellor Kopper resigned later that year. U.S. District Judge Stadtmueller dismissed the case with prejudice in late March after Vander Pas and her attorney Lisle Blackbourn failed to preserve and produce evidence requested by attorneys representing the System like text messages, social media posts and journals deemed relevant to the case. Overnight Classics Music 2/17/25, 1:01 Lawsuit alleging sexual harassment by former UW-Whitewater chancellor's husband dismissed 2/5 Vander Pas deleted Facebook comments and didn\u2019t shut off a setting on her cell phone that automatically deleted text messages after filing her complaint. She also claimed during a deposition with attorneys that she started journaling in 2021. When confronted by evidence of previous blog posts, Blackbourn claimed they were \u201cpain logs\u201d as opposed to journal entries. Stadtmeuller\u2019s order mostly blamed Blackbourn \u201cfor the majority of these violations\u2013 but Vander Pas\u2019s and her counsel\u2019s evasion together caused the System Board of Regents) and the court to expend extensive time, energy and resources.\u201d \u201cAt any rate, the overarching problems and the Court\u2019s most serious concerns relate to Vander Pas\u2019s counsel\u2019s sweeping pattern of deception, which evinces a willful and intentional mindset,\u201d Standtmueller said. Stadtmueller\u2019s order directs Blackbourn to pay the System\u2019s legal fees, which are nearly $18,000 according to court documents. In response, Blackbourn has filed a motion asking Stadtmueller to reconsider his decision. \u201cIt would be unfair to dismiss Stephanie\u2019s (Vander Pas) entire suit against the Board of Regents on the grounds of alleged perjury or failure to investigate because these issues were never raised by the Board of Regents as grounds for its requested sanctions in its initial brief,\u201d Blackbourn said. Blakcbourn did not respond to a Wisconsin Public Radio request for comment on the order and sanctions System spokesperson Mark Pitsch told they wouldn\u2019t comment either. Wisconsin Public Radio, \u00a9 Copyright 2025, Board of Regents of the University of Wisconsin System and Wisconsin Educational Communications Board. Overnight Classics Music 2/17/25, 1:01 Lawsuit alleging sexual harassment by former UW-Whitewater chancellor's husband dismissed 3/5 Related Stories New documents allege former UW-La Crosse Chancellor used university time, resources for porn UW-Oshkosh chancellor to step down in June 2025 Suspect in homicide of UW-Whitewater star gymnast makes first court appearance UW-Whitewater program helps students from diverse backgrounds thrive on campus Overnight Classics Music 2/17/25, 1:01 Lawsuit alleging sexual harassment by former UW-Whitewater chancellor's husband dismissed 4/5 \u00a9 2025 by Wisconsin Public Radio, a service of the Wisconsin Educational Communications Board and the University of Wisconsin- Madison Regents approve up to 15 percent raises for system chancellors Overnight Classics Music 2/17/25, 1:01 Lawsuit alleging sexual harassment by former UW-Whitewater chancellor's husband dismissed 5/5"} |
7,548 | Lewis Aptekar | San Jose State University | [
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"7548_108.pdf"
] | {"7548_101.pdf": "By By | | ederuy@bayareanewsgroup.com ederuy@bayareanewsgroup.com | Bay Area News Group | Bay Area News Group UPDATED: UPDATED: October 13, 2017 at 6:00 October 13, 2017 at 6:00 (Josie Lepe/Bay Area News Group) (Josie Lepe/Bay Area News Group) Professor Lewis Aptekar, who sexually harassed a student in 2015, resigned from his position in San Jose Professor Lewis Aptekar, who sexually harassed a student in 2015, resigned from his position in San Jose State University\u2019s counselor education department after an outcry from students who did not want him on State University\u2019s counselor education department after an outcry from students who did not want him on campus. campus Lewis Aptekar professor who Lewis Aptekar professor who sexually harassed student, resigns sexually harassed student, resigns Lewis Aptekar was a professor in San Jose State Lewis Aptekar was a professor in San Jose State University\u2019s counselor education department. University\u2019s counselor education department. 2/17/25, 1:12 Lewis Aptekar professor who sexually harassed student, resigns 1/3 \u201cI\u2019m writing to let you know that, effective immediately, Dr. Lewis Aptekar has resigned from his \u201cI\u2019m writing to let you know that, effective immediately, Dr. Lewis Aptekar has resigned from his faculty position,\u201d Paul Cascella, interim dean of the College of Education, wrote in an email to faculty position,\u201d Paul Cascella, interim dean of the College of Education, wrote in an email to faculty in the counselor education department Thursday afternoon. faculty in the counselor education department Thursday afternoon JOSE\u2013Lewis Aptekar, the San Jose State professor who sexually harassed a student in 2015 JOSE\u2013Lewis Aptekar, the San Jose State professor who sexually harassed a student in 2015, is leaving the university. is leaving the university. The university will pay Aptekar $75,000 and will remove references to his suspension from his The university will pay Aptekar $75,000 and will remove references to his suspension from his personnel file, according to a settlement reached with the university \u2014 a copy of which was personnel file, according to a settlement reached with the university \u2014 a copy of which was obtained by the Mercury News. obtained by the Mercury News. Aptekar, 72, had alleged that the university violated his due process rights during an Aptekar, 72, had alleged that the university violated his due process rights during an investigation into the sexual harassment claim against him, a claim the university denied. \u201cThis investigation into the sexual harassment claim against him, a claim the university denied. \u201cThis settlement is a compromise of disputed claims and is not an admission by any party of any settlement is a compromise of disputed claims and is not an admission by any party of any liability,\u201d the document says. liability,\u201d the document says. The professor, who has faced multiple allegations of sexual harassment in the last several The professor, who has faced multiple allegations of sexual harassment in the last several years, had been scheduled to return to teaching this semester after a temporary suspension. years, had been scheduled to return to teaching this semester after a temporary suspension. But he was removed from the teaching roster after students and fellow professors protested But he was removed from the teaching roster after students and fellow professors protested his return. his return. On Sept. 30, Aptekar sent a one-sentence resignation letter to the interim senior associate vice On Sept. 30, Aptekar sent a one-sentence resignation letter to the interim senior associate vice president of university personnel, Elizabeth Pugliese, saying he was stepping down \u201cdue to president of university personnel, Elizabeth Pugliese, saying he was stepping down \u201cdue to personal reasons.\u201d personal reasons.\u201d Pictured is San Jose State Pictured is San Jose State University counselor education University counselor education professor Lewis Aptekar, served a professor Lewis Aptekar, served a brief suspension this year after a brief suspension this year after a campus investigation concluded campus investigation concluded that he had sexually harassed a that he had sexually harassed a student. Courtesy of Facebook student. Courtesy of Facebook As part of the settlement, Aptekar\u2019s resignation is As part of the settlement, Aptekar\u2019s resignation is irrevocable. He has also agreed not to accept any job offer irrevocable. He has also agreed not to accept any job offer within the California State University system. within the California State University system. According to the settlement, the university has agreed to According to the settlement, the university has agreed to provide Aptekar\u2019s prospective employers only the date he provide Aptekar\u2019s prospective employers only the date he was hired, the date he resigned, the position he held and his was hired, the date he resigned, the position he held and his salary. But \u201cbecause of free speech protections, the salary. But \u201cbecause of free speech protections, the university cannot control information provided by non- university cannot control information provided by non- administrators,\u201d the settlement notes. administrators,\u201d the settlement notes. Under the settlement, Aptekar will retain faculty member Under the settlement, Aptekar will retain faculty member access to the university\u2019s library system. access to the university\u2019s library system. In 2016, the Mercury News revealed that Aptekar had In 2016, the Mercury News revealed that Aptekar had remained the head of the counselor education department remained the head of the counselor education department for nearly five months after the school concluded he sexually for nearly five months after the school concluded he sexually harassed a student. Later, it came to light that Aptekar had harassed a student. Later, it came to light that Aptekar had been accused of making sexually charged comments to students in 2014. been accused of making sexually charged comments to students in 2014 can\u2019t believe it took this long, honestly,\u201d said Valerie Lamb, a graduate student in the can\u2019t believe it took this long, honestly,\u201d said Valerie Lamb, a graduate student in the counselor education department who had organized a sit-in protesting Aptekar\u2019s presence on counselor education department who had organized a sit-in protesting Aptekar\u2019s presence on campus. \u201cIt feels surreal because we fought so hard.\u201d campus. \u201cIt feels surreal because we fought so hard.\u201d 2/17/25, 1:12 Lewis Aptekar professor who sexually harassed student, resigns 2/3 \ue905 \ue905 2017 2017 \ue907 \ue907October October \ue907 \ue90712 12 Originally Published: Originally Published: October 12, 2017 at 2:34 October 12, 2017 at 2:34 \u201cI\u2019m relieved we won\u2019t have to deal with this anymore, but I\u2019m disappointed with the way it was \u201cI\u2019m relieved we won\u2019t have to deal with this anymore, but I\u2019m disappointed with the way it was handled,\u201d Lamb added. \u201cHe wasn\u2019t the first and he won\u2019t be the last professor to do this, and handled,\u201d Lamb added. \u201cHe wasn\u2019t the first and he won\u2019t be the last professor to do this, and hope San Jose State will take initiative when they find a professor has sexually harassed a hope San Jose State will take initiative when they find a professor has sexually harassed a student.\u201d student.\u201d 2/17/25, 1:12 Lewis Aptekar professor who sexually harassed student, resigns 3/3", "7548_102.pdf": "students relieved professor accused of sexual harassment won't teach By by Janine De La Vega Thursday, August 24, 2017 JOSE, Calif. (KGO) -- Outrage from students at San Jose State University prompted administrators to prevent a professor accused of sexual harassment from teaching courses. Outrage from students at San Jose State University prompted administrators to prevent a professor accused of sexual harassment from teaching courses. 24/7 Live 50\u00b0 2/17/25, 1:12 San Jose State University students relieved professor accused of sexual harassment won't teach - ABC7 San Francisco 1/5 Last week, ABC7 News reported on how upset students were that he was being allowed to teach again and it appears their voices were heard. The professor was sanctioned for sexually harassing a student in 2015. The professor's attorney told ABC7 News Professor Lewis Aptekar was stripped of his teaching duties. He believes that this is in retaliation for his participation in an investigation VIDEO: Report professor stayed in job despite sexual harassment claim It's the second day of school at San Jose State University and there's already controversy over a professor who was scheduled to teach two courses this Fall. \"I've had experiences with sexual harassment before and it's a really bad situation to be in and didn't want to put myself in a situation where a professor who had those accusations brought against them and was found guilty,\" San Jose State University student Celina Cesena said. Administrators were going to allow him to return to teach in the Department of Counselor Education, but late Wednesday night a decision was made to not allow that. \"Our students were very clear that it was very important for them to have the very best learning environment that they can have at San Jose State and of course that's what we wanted to provide, so of course we needed to think through the next steps,\" San Jose State University spokesperson Pat Lopes Harris said. While students are relieved that Aptekar won't be teaching, it leaves them in a difficult situation. 2/17/25, 1:12 San Jose State University students relieved professor accused of sexual harassment won't teach - ABC7 San Francisco 2/5 replacement professor was found for one of Aptekar's courses, but the other won't be offered until next Spring. \"Some of them, this may jeopardize their graduation because they needed that course,\" Cesena said. University officials told ABC7 News the Department of Counselor Education will undergo a complete review. They say it was prompted by student input collected in the Spring, not Aptekar. The review will look at a range of items, including course offerings, communications, and student faculty dynamics. \"As a professor and frankly as a parent, I'm extremely disturbed by the way all of this has happened and what's happening now, it's just one cover up and deflection after another from the university,\" San Jose State University Professor of Counselor Education Jason Laker said With one of the courses being cancelled, students are left in a lurch so they are planning to hold a sit-in protest on Monday afternoon because they want university officials to know they are still unhappy. Click here to read the message sent from the College of Education to students, faculty and staff of the Department of Counselor Education. Report a correction or typo Copyright \u00a9 2025 KGO-TV. All Rights Reserved. Related Topics 2/17/25, 1:12 San Jose State University students relieved professor accused of sexual harassment won't teach - ABC7 San Francisco 3/5 Topics Home Weather Traffic Watch Photos Apps Regions San Francisco East Bay South Bay Peninsula North Bay More Content Building Better Bay Area Take Action Resources 7 On Your Side I-Team Equity Report Company About ABC7 Bay Area ABC7 Newsteam Bios #ABC7Now: Connect with ABC7 Take Action in Your Community ABC7 Jobs & Internships Contests, Promotions, & Rules 2/17/25, 1:12 San Jose State University students relieved professor accused of sexual harassment won't teach - ABC7 San Francisco 4/5 Privacy Policy Do Not Sell or Share My Personal Information Children's Privacy Policy Your State Privacy Rights Terms of Use Interest-Based Ads Public Inspection File Applications Copyright \u00a9 2025 ABC, Inc San Francisco. All Rights Reserved. 2/17/25, 1:12 San Jose State University students relieved professor accused of sexual harassment won't teach - ABC7 San Francisco 5/5", "7548_103.pdf": "San Jose State Students Rally In Support Of Stronger Harassment Enforcement December 6, 2017 / 8:55 San Francisco group of San Jose State students gathered Tuesday night to celebrate the resignation of a professor who sexually harassed a student in 2015. Dr. Lewis Aptekar resigned from his faculty position in October. \"Recently, this campus has been under fire from the Aptekar case,\" said San Jose State student Ashley Rose Sanchez. \"We had a big involvement in him resigning 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, 1:12 San Jose State Students Rally In Support Of Stronger Harassment Enforcement San Francisco 1/3 forcing his resignation. Our petition accumulated over 500 signatures in two days, and over a thousand in about a week.\" Sanchez has help create a student group against sexual harassment because of the Aptekar case and is pledging to do more. \"We're trying to give people the opportunity, if you want to talk to us,\" she said. \"We're your age, almost all of us have been victims of sexual harassment and we're here for you. You will be believed. If you want to go forward, we're here to fight for you.\" The group believes there are other student victims of harassment who have yet to come forward think this organization is really critical for those students to have voices,\" said student Valerie Lamb. Lamb, a graduate student in the counselor education department who had organized a sit-in protesting Aptekar's presence on campus, told the San Jose Mercury News in October that the school needs to do better when a student complains about harassment. \"He wasn't the first and he won't be the last professor to do this,\" she told the paper hope San Jose State will take initiative when they find a professor has sexually harassed a student.\" Professor Jason Laker agrees think we need to take advantage of the fact that there's so much attention to these issues in all different sectors including higher education,\" he said would have hoped at a school as diverse and that has so much history of activism as San Jose State would have expected far better\" More from News San Francisco fire crews search for person in water near Pier 32, 1 rescued Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/17/25, 1:12 San Jose State Students Rally In Support Of Stronger Harassment Enforcement San Francisco 2/3 \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 2017 Broadcasting Inc. All Rights Reserved. In: Sexual Harassment San Jose teacher, coach arrested for alleged sexual relationship with student Hayward chiropractic instructor accused of sexual misconduct, students file suit Hundreds watch San Francisco Chinese New Year Parade along Market Street Watch News 2/17/25, 1:12 San Jose State Students Rally In Support Of Stronger Harassment Enforcement San Francisco 3/3", "7548_104.pdf": "Professor Punished for Sex Harassment Returning to San Jose State University By Robert Handa \u2022 Published August 16, 2017 \u2022 Updated on August 16, 2017 at 5:59 pm Classes will begin soon at San Jose State University and a professor who was punished by the school for sexually harassing a student is scheduled to return to teach. As Bay Area reported last September, Lewis Aptekar was placed on paid leave after college officials ruled he acted inappropriately with a student. But punishment did not happen until five Classes will begin soon at San Jose State University and a professor who was punished by the school for sexually harassing a student is scheduled to return to teach. Robert Handa reports Watch News 24/7 All-Star Game Santana Row stabbing Deaf students investigation Re\u2026 2/17/25, 1:12 Professor Punished for Sex Harassment Returning to San Jose State University Bay Area 1/4 months later after the college's investigation was revealed publicly by the San Jose Mercury News. Aptekar's return is upsetting some on campus and dredging up painful memories of the original scandal. An internal memo obtained by Bay Area states Aptekar, a counselor education professor, will return in the fall. His return to teach two classes is causing a stir on campus. Aptekar was on paid leave after a school investigation concluded he sexually harassed a student when he inquired if she was single and wanted to date. But the school did not take that action until after the Mercury News revealed Aptekar was still on the job five months later. Dr. Jason Laker, a professor in the same department, is involved in various lawsuits with the college over his criticism of the school's response. \"I'm shocked, appalled, disgusted, scared, upset, worried for our students...embarrassed for my employer,\" Laker said. Local 15-year-old identifi\ufb01ed in deadly stabbing at San Jose's Santana Row Group protests Elon Musk's cost-cutting outside Tesla dealership in Palo Alto Students interviewed Wednesday had mixed reactions, but some instructors told us they had to take a lot of extra training this summer on appropriate conduct. \"It does seem like they're stepping up the response to this with a lot of emphasis on student- teacher interactions lecturer Kendall Sooter said. Meanwhile, Laker is not swayed. 6 6 2/17/25, 1:12 Professor Punished for Sex Harassment Returning to San Jose State University Bay Area 2/4 think any faculty member who has been found by their own investigation to have committed sexual harassment shouldn't be in a classroom at all or on campus,\" Laker said spokeswoman Pat Harris points out Aptekar was also suspended for two weeks, stepped down as department chair and was ordered to take diversity training. Harris said another allegation was investigated and had no merit. Weather Forecast 54\u00b0 Mostly Cloudy 0% Precip 44 60 Public Inspection File Accessibility Employment Information Send Feedback Applications Terms of Service Privacy Policy Cookie Notice Advertise with us Notice Ad Choices 2/17/25, 1:12 Professor Punished for Sex Harassment Returning to San Jose State University Bay Area 3/4 Copyright \u00a9 2025 NBCUniversal Media, LLC. All rights reserved 2/17/25, 1:12 Professor Punished for Sex Harassment Returning to San Jose State University Bay Area 4/4", "7548_105.pdf": "Courtesy of Facebook Courtesy of Facebook San Jose State University counselor education professor Lewis Aptekar. San Jose State University counselor education professor Lewis Aptekar San Jose State under fire in sexual San Jose State under fire in sexual harassment scandal harassment scandal 2/17/25, 1:13 San Jose State under fire in sexual harassment scandal \u2013 The Mercury News 1/4 By By | Bay Area News Group | Bay Area News Group UPDATED: UPDATED: September 7, 2016 at 11:52 September 7, 2016 at 11:52 San Jose State professor found to have sexually harassed a student last year San Jose State professor found to have sexually harassed a student last year remained the head of his department for nearly five months after the campus investigation remained the head of his department for nearly five months after the campus investigation concluded, stepping down just days before the end of the academic year, an investigation by concluded, stepping down just days before the end of the academic year, an investigation by this news organization has found. this news organization has found. The case involving Professor Lewis Aptekar raises questions about the campus\u2019s response to a The case involving Professor Lewis Aptekar raises questions about the campus\u2019s response to a problem that has plagued Berkeley and other universities in the past year \u2014 and has problem that has plagued Berkeley and other universities in the past year \u2014 and has prompted the campus\u2019s new president, Mary Papazian, to take a hard look. prompted the campus\u2019s new president, Mary Papazian, to take a hard look think we can agree that there are things we can learn from the way it was handled,\u201d Papazian think we can agree that there are things we can learn from the way it was handled,\u201d Papazian told the Bay Area News Group. \u201cWe want to get it right. We are looking at it carefully and I\u2019m told the Bay Area News Group. \u201cWe want to get it right. We are looking at it carefully and I\u2019m confident that we\u2019ll do what\u2019s right before this is done.\u201d confident that we\u2019ll do what\u2019s right before this is done.\u201d Late last week, after receiving questions from this news organization, the campus placed Late last week, after receiving questions from this news organization, the campus placed Aptekar on paid leave, according to a source familiar with the case. Aptekar on paid leave, according to a source familiar with the case. Aptekar, who taught in the College of Education\u2019s counselor education department, was Aptekar, who taught in the College of Education\u2019s counselor education department, was accused of repeatedly asking the student during class if she was single and of making accused of repeatedly asking the student during class if she was single and of making comments about wanting to date her. He declined to speak with this news organization directly, comments about wanting to date her. He declined to speak with this news organization directly, but his attorney, Elisa Stewart, said his comments were made in the context of class discussions but his attorney, Elisa Stewart, said his comments were made in the context of class discussions about romantic relationships. In a counseling class, she said, it\u2019s essential for students to about romantic relationships. In a counseling class, she said, it\u2019s essential for students to discuss their relationships with family members and romantic partners. When a student discuss their relationships with family members and romantic partners. When a student remarked that \u201ceveryone leaves\u201d her, Stewart said, Aptekar\u2019s response \u2014 that he would never remarked that \u201ceveryone leaves\u201d her, Stewart said, Aptekar\u2019s response \u2014 that he would never leave her \u2014 was meant to be supportive. leave her \u2014 was meant to be supportive. \u201cFrom his perspective, he\u2019s being supportive and encouraging, and it\u2019s being construed as \u201cFrom his perspective, he\u2019s being supportive and encouraging, and it\u2019s being construed as sexual impropriety,\u201d the attorney said. sexual impropriety,\u201d the attorney said. The investigation, however, concluded that the professor\u2019s methods were not appropriate for The investigation, however, concluded that the professor\u2019s methods were not appropriate for the classroom, according to documents obtained by this news organization. \u201c(Aptekar) is the classroom, according to documents obtained by this news organization. \u201c(Aptekar) is couching his questioning as educational inquiry, but he is inappropriately using this method to couching his questioning as educational inquiry, but he is inappropriately using this method to probe for more personal information than (can) possibly be related to an academic program \u2026\u201d probe for more personal information than (can) possibly be related to an academic program \u2026\u201d the report said. the report said. Instead of removing Aptekar immediately from his post as chairman, a position that extended Instead of removing Aptekar immediately from his post as chairman, a position that extended his reach and influence in the small department administrators left the professor at the his reach and influence in the small department administrators left the professor at the helm while he also continued to teach and supervise graduate students preparing to be school helm while he also continued to teach and supervise graduate students preparing to be school counselors. After a 10-day suspension last spring, he resumed his duties, but he is not on the counselors. After a 10-day suspension last spring, he resumed his duties, but he is not on the current class schedule. Aptekar received $188,890 in pay and benefits in 2015, including total current class schedule. Aptekar received $188,890 in pay and benefits in 2015, including total pay of $142,100, according to a pay of $142,100, according to a Transparent California database Transparent California database.. 2/17/25, 1:13 San Jose State under fire in sexual harassment scandal \u2013 The Mercury News 2/4 In 2014, Associate Dean David Bruck filed a complaint against Aptekar on behalf of two other In 2014, Associate Dean David Bruck filed a complaint against Aptekar on behalf of two other students who came forward with concerns about the professor\u2019s behavior. But it appears that students who came forward with concerns about the professor\u2019s behavior. But it appears that report was not taken into account \u2014 or even acknowledged by university administrators \u2014 in report was not taken into account \u2014 or even acknowledged by university administrators \u2014 in the 2015 investigation. the 2015 investigation. Documents show the College of Education\u2019s dean, Elaine Chin, told the investigator probing the Documents show the College of Education\u2019s dean, Elaine Chin, told the investigator probing the 2015 allegations that no one had previously \u201cmade any formal or informal complaints\u201d against 2015 allegations that no one had previously \u201cmade any formal or informal complaints\u201d against Aptekar. Aptekar. Asked whether she had not known about the report filed by Bruck the previous year, Chin Asked whether she had not known about the report filed by Bruck the previous year, Chin referred this newspaper to a campus spokeswoman who said she could not comment. referred this newspaper to a campus spokeswoman who said she could not comment. The students behind the first complaint did not wish to be named for fear of the repercussions, The students behind the first complaint did not wish to be named for fear of the repercussions, making the claim difficult for the campus to investigate, said Bruck, associate dean of graduate making the claim difficult for the campus to investigate, said Bruck, associate dean of graduate studies for San Jose State. Still, he said, he didn\u2019t understand why the information wouldn\u2019t have studies for San Jose State. Still, he said, he didn\u2019t understand why the information wouldn\u2019t have been shared with top officials \u2014 or considered in the campus response to the second been shared with top officials \u2014 or considered in the campus response to the second complaint. complaint. \u201cMy own opinion is that with three students complaining about sexual harassment against an \u201cMy own opinion is that with three students complaining about sexual harassment against an individual,\u201d Bruck said, \u201can individual should not remain in the position to be able to repeat that individual,\u201d Bruck said, \u201can individual should not remain in the position to be able to repeat that behavior.\u201d behavior.\u201d Some familiar with the case say they felt the campus\u2019s response was lacking. For the student, Some familiar with the case say they felt the campus\u2019s response was lacking. For the student, the prospect of running into the professor who knew she had accused him of harassment \u2014 the prospect of running into the professor who knew she had accused him of harassment \u2014 and also had been her adviser \u2014 created an especially stressful situation, said Dolores Mena, a and also had been her adviser \u2014 created an especially stressful situation, said Dolores Mena, a professor of counselor education, who knew all three students and was aware of their professor of counselor education, who knew all three students and was aware of their complaints. complaints. \u201cIt\u2019s my belief that faculty should protect student rights and provide a safe learning \u201cIt\u2019s my belief that faculty should protect student rights and provide a safe learning environment,\u201d Mena said. \u201cAfter seeing the student\u2019s reaction and her anxiety and stress was environment,\u201d Mena said. \u201cAfter seeing the student\u2019s reaction and her anxiety and stress was surprised the university took so long to handle this case, considering they had found in favor of surprised the university took so long to handle this case, considering they had found in favor of the student.\u201d the student.\u201d In the past year, sexual harassment on college campuses has been in the spotlight series of In the past year, sexual harassment on college campuses has been in the spotlight series of scandals at Berkeley revealed what was widely felt to be a pattern of light consequences for scandals at Berkeley revealed what was widely felt to be a pattern of light consequences for prominent faculty members and administrators who harassed students or other employees \u2014 prominent faculty members and administrators who harassed students or other employees \u2014 a track record that appeared to cost the chancellor and his provost their jobs. Both stepped a track record that appeared to cost the chancellor and his provost their jobs. Both stepped down this year. down this year. At San Jose State, one graduate student said she was not suprised by how the case was At San Jose State, one graduate student said she was not suprised by how the case was handled. Diana Crumedy said in 2012 she complained that another professor had made sexual handled. Diana Crumedy said in 2012 she complained that another professor had made sexual advances toward her, but \u201cthe campus did absolutely nothing to discipline him when brought advances toward her, but \u201cthe campus did absolutely nothing to discipline him when brought it to their attention.\u201d She said she did not believe her complaint was formally investigated by it to their attention.\u201d She said she did not believe her complaint was formally investigated by the campus\u2019s Title office. the campus\u2019s Title office. To avoid running into the professor, she said she memorized his schedule. To avoid running into the professor, she said she memorized his schedule. \u201cI\u2019m sure I\u2019m not the only one,\u201d Crumedy said. \u201cI\u2019m sure I\u2019m not the only one,\u201d Crumedy said. 2/17/25, 1:13 San Jose State under fire in sexual harassment scandal \u2013 The Mercury News 3/4 \ue905 \ue905 2016 2016 \ue907 \ue907September September \ue907 \ue90766 Originally Published: Originally Published: September 6, 2016 at 2:32 September 6, 2016 at 2:32 Counselor Education Professor Jason Laker said he advised the student who reported Aptekar Counselor Education Professor Jason Laker said he advised the student who reported Aptekar after she requested some guidance. Laker said he feels the campus \u201cowes the community an after she requested some guidance. Laker said he feels the campus \u201cowes the community an explanation \u2026 and immediate reforms to prevent this from happening again.\u201d explanation \u2026 and immediate reforms to prevent this from happening again.\u201d \u201cAs someone who has worked for 25 years to reduce sexual harassment and gender violence \u201cAs someone who has worked for 25 years to reduce sexual harassment and gender violence feel strongly that professors found responsible for harassing students should not be in the feel strongly that professors found responsible for harassing students should not be in the classroom or alone with them,\u201d Laker said. \u201cIt\u2019s also frustrating to be conducting research to classroom or alone with them,\u201d Laker said. \u201cIt\u2019s also frustrating to be conducting research to address these problems while someone down the hall is apparently contributing to them.\u201d address these problems while someone down the hall is apparently contributing to them.\u201d Follow Katy Murphy at Follow Katy Murphy at Twitter.com/katymurphy Twitter.com/katymurphy.. 2/17/25, 1:13 San Jose State under fire in sexual harassment scandal \u2013 The Mercury News 4/4", "7548_106.pdf": "- Fire Professor Lewis Aptekar from the faculty. Started 2 October 2017 Petition to San Jose State University President, Mary Papazian Victory This petition made change with 1,067 supporters! Share this petition Why this petition matters Petition details Comments 2/17/25, 1:13 Petition - Fire Professor Lewis Aptekar from the faculty. - United States \u00b7 Change.\u2026 1/5 Started by - Students Against Sexual Harrassment SASH-Students Against Sexual Harassment: We call for the immediate removal of Lewis Aptekar from the faculty harassed-student-resigns/ We are petitioning in regards to a recent reports regarding a San Jose State faculty member Professor Lewis Aptekar accused of sexual harassment and racial slurs by a female students (who wish to remain anonymous), details of which can be found in the following links: professor-who-sexually-harassed-student/ Called-Student-His-Arabian-Princess-Document-Shows-446271633.html state-grapples-with-racial-tensions classroom should be a reprieve from sexual harassment, but some professors choose to strip a woman of her humanity by reducing her to an object\u2014an instrument for their pleasure. Some use their position of power to rip away her dignity by eyeing her like a discounted item and asking in the middle of the lesson if she\u2019s already taken. Some even go so far as to reduce her ethnicity to a single phrase\u2014a stereotype disguised as a pet name: \u201can Arabian princess\u201d. Such is the case of our own Professor Lewis Aptekar. For S.A.S.H., Students Against Sexual Harassment, the fact that Aptekar\u2019s department is still seriously considering bringing him back in Spring 2018 is a call to action. This has gone too far, the university needs to dismiss Aptekar. However, even if we are successful in our initial demand of getting Aptekar dismissed, if articles 19 and 10 of the agreement between the California Faculty Association and the C.S.U. System are not amended then Professors (like our own Lewis Aptekar), who have histories of sexually harassing students are given second chances, they just might begin sexually assaulting them too. According to the Mercury News article published on September 28, 2017, Aptekar has sunk to even deeper levels than once imagined. \u201cDocuments obtained by this news organization reveal that in 2015, a year after the special task force finished its work, a counselor education Share this petition 2/17/25, 1:13 Petition - Fire Professor Lewis Aptekar from the faculty. - United States \u00b7 Change.\u2026 2/5 professor found to have sexually harassed a graduate student was accused by the same woman, who is black, of racial harassment. Professor Lewis Aptekar admitted to touching the student\u2019s hair in class and commenting on it \u2014 conduct the campus investigator, Debra Griffith, found was \u2018inappropriate\u2019 and \u2018unprofessional\u2019 but \u2018not associated to a race.\u2019 \u201d We at S.A.S.H. are primarily women of color who have been victims of this kind of racial harassment on multiple occasions black woman\u2019s hair\u2014in all its grades and textures--is her glory because sometimes it is the only part of her that remains free. On the surface, members of white society covet our volume but on a sub-conscious level, some white people recognize that while that part of us exists and flows freely\u2014we will never be fully submissive to white supremacy. They respond by reprimanding us for wearing our hair naturally, calling it \u2018unkempt\u2019 and demanding we conform to euro-centric hairstyles. If we continue to refuse, we will be fired. Since we are like every other human being and require food to live--we are forced to sit in a chair every month and endure first-degree burns on our scalps so we can chemically straighten the curl out of our hair. Even after our hair is straightened, sometimes that is still not enough to prevent a narrow-minded white person to touch our hair in an effort to claim it \u2014and by extension, us. Since the campus investigator, Ms. Griffith is a woman of color, she should understand just how much Professor Aptekar running his fingers through that black woman\u2019s hair was a clear act of bigotry. It is going to take faculty members and students\u2014of all gender identities and races\u2014to speak out against the university\u2019s decision to allow Aptekar to remain employed at S.J.S.U. In the same Mercury News article, the recently appointed S.J.S.U. President, Mary Papazian is quoted saying, \u201cStarting now, we have to work with all faculty to surface language and behaviors of implicit bias\u201d. We cannot agree more with President Papazian, which is why one of our demands requires faculty to attend yearly sexual harassment workshops. However, in the case of predators like Aptekar, we have two questions for our S.J.S.U. President (a college educated woman): When you were a student, would you have remained so apathetic towards your university\u2019s decision if you were a victim of his abuse? If you were courageous enough to report it, only for your president to choose to reward your harasser with access to more victims, would you not question that the reason this was done was because your harasser, your male professor\u2019s academic achievement grants him so much respect in this patriarchal society that it casts serious doubt on any scandal prompted by a mere uneducated woman? 2/17/25, 1:13 Petition - Fire Professor Lewis Aptekar from the faculty. - United States \u00b7 Change.\u2026 3/5 We demand reparations for the female students who are incensed and frustrated as they continue their studies at San Jose State because the University has failed to bring justice to their cases. By the lack of discipline handed to Lewis Aptekar, the university has taken a neutral stance on professors sexually harassing their students. Join our call for San Jose State to see Aptekar for what he truly is: a liability, not an asset. Choosing to ignore this is essentially condoning and tolerating sexual assault within the San Jose State campus; As Desmond Tutu once said, \u201cIf you are neutral in situations of injustice, you have chosen the side of the oppressor\u201d. Should the administration at San Jose State University refuse to dismiss Aptekar, you can be assured we will not be silent in the face of such injustice. Signed \u2013 Students Against Sexual Harassment sjsusash@gmail.com This petition will be delivered to: President, San Jose State University Mary Papazian Provost and of Academic Affairs, San Jose State University Andrew Feinstien Share this petition in person or use the code for your own material. Download Code Report a policy violation Decision-Makers 2/17/25, 1:13 Petition - Fire Professor Lewis Aptekar from the faculty. - United States \u00b7 Change.\u2026 4/5 San Jose State University President, Mary Papazian 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. 2/17/25, 1:13 Petition - Fire Professor Lewis Aptekar from the faculty. - United States \u00b7 Change.\u2026 5/5", "7548_107.pdf": "Professor Accused of Sexual Harassment Called Student \u2018His Arabian Princess,' Document Shows By Robert Handa \u2022 Published September 20, 2017 \u2022 Updated on September 20, 2017 at 10:23 pm tense situation involving a San Jose State University professor accused of sexual harassment may soon get more heated. Students have been dropping classes to protest the return of counseling education professor Lewis Aptekar, who the university says harassed at least one of his students by inquiring if she was single tense situation involving a San Jose State University professor accused of sexual harassment may soon get more heated. Robert Handa reports. Watch News 24/7 All-Star Game Santana Row stabbing Deaf students investigation Re\u2026 2/17/25, 1:14 Professor Accused of Sexual Harassment Called Student \u2018His Arabian Princess,\u2019 Document Shows Bay Area 1/4 and interested in dating him Bay Area obtained a message between school officials, a document that shows what the college did not want revealed about the first sexual harassment allegations in 2014, which came to light only after a 2015 incident got Aptekar suspended. The redacted document, which was released publicly, addressed sexual harassment claims. The unredacted version, however, includes offensive ethnic overtones woman recounting being called Aptekar\u2019s \u201cArabian Princess.\u201d He also asked her \u201cnot to blow up any buildings while she was here,\" according to the document. \"I'm not aware of any attention they gave to these allegations with him, and frankly they generally have not been very good at addressing these things,\u201d said Jason Laker, a professor of counseling education. The Counseling Education department at has been in turmoil since Aptekar was reinstated and then pulled from the classroom. And many students remain upset that he is still on the university\u2019s staff. Valerie Lamb expressed disappointment and said, \u201cWe don't know what's happening in spring 2018 and if he's going to come back.\" Local 15-year-old identifi\ufb01ed in deadly stabbing at San Jose's Santana Row Group protests Elon Musk's cost-cutting outside Tesla dealership in Palo Alto Meanwhile, a group called Students Against Sexual Harassment has formed on campus with the goal of getting Aptekar fired. Neither the university nor Aptekar have not returned messages seeking comment. 6 6 2/17/25, 1:14 Professor Accused of Sexual Harassment Called Student \u2018His Arabian Princess,\u2019 Document Shows Bay Area 2/4 #SexualHarassment case letter shows woman said Professor called her 'his Arabian Princess' but 'not to blow up any buildings' pic.twitter.com/FJSzCJCxBn \u2014 RobertHanda (@RHandaNBC) September 21, 2017 #exclusive Unedited document reveals '#ethnic slurs' were part of a #sexual harassment allegation against Prof.Lewis Aptekar pic.twitter.com/UcE4rV6l4M \u2014 RobertHanda (@RHandaNBC) September 21, 2017 Weather Forecast 54\u00b0 Mostly Cloudy 0% Precip 44 60 Public Inspection File Accessibility Employment Information Send Feedback Applications Terms of Service Privacy Policy Cookie Notice Advertise with us Notice Ad Choices 2/17/25, 1:14 Professor Accused of Sexual Harassment Called Student \u2018His Arabian Princess,\u2019 Document Shows Bay Area 3/4 Copyright \u00a9 2025 NBCUniversal Media, LLC. All rights reserved 2/17/25, 1:14 Professor Accused of Sexual Harassment Called Student \u2018His Arabian Princess,\u2019 Document Shows Bay Area 4/4", "7548_108.pdf": "View Comments It Took Years For University To Punish This Professor After Harassment Allegations Were First Made Documents obtained by BuzzFeed News show San Jose State University failed to act on allegations against a professor who later violated the school\u2019s sexual misconduct policy. Tyler Kingkade BuzzFeed News Reporter Posted on May 4, 2017 at 11:41 am Subscribe to BuzzFeed Daily Newsletter 2/17/25, 1:14 It Took Years For University To Punish This Professor After Harassment Allegations Were First Made 1/8 Lewis Aptekar facebook.com Lewis Aptekar about 9 years ago 46 7 Share San Jose State University officials took little to no action in response to a warning that students said they were harassed by a professor more than a year and a half before before a formal complaint sparked a school investigation, documents obtained by BuzzFeed News show. In fact, campus administrators insisted for months that the professor, Lewis Aptekar, 72, had not been the subject of previous complaints, something that newly released emails contradict. The emails show that in 2014, Aptekar was the subject of a harassment report filed by an associate dean on behalf of two students who complained about \u201csome sexually charged encounters\u201d with Aptekar and who wanted to remain anonymous, while other faculty had heard students accuse Aptekar of \"sexist\" behavior year later, Aptekar, then chair of a department in the College of Education earning over $113,000 in salary, was accused of wrongdoing again, in a complaint that 2/17/25, 1:14 It Took Years For University To Punish This Professor After Harassment Allegations Were First Made 2/8 officials did acknowledge. After that complaint, a university investigation found him in violation of the school\u2019s sexual misconduct policy and suspended him for 10 days without pay. He had to undergo sensitivity training but kept his chairmanship. The university is now investigating the 2014 allegations that several administrators previously said didn't exist, BuzzFeed News has learned. Aptekar is on paid leave pending the outcome. The school administrators\u2019 failure to acknowledge the 2014 allegations drew scrutiny from the Santa Clara County District Attorney\u2019s Office, which investigated whether administrators tried to conceal information during the later probe of Aptekar. The investigation focused on the dean and associate dean of the College of Education at the time, Elaine Chin and Mary McVey, who had both said there'd been no \"formal or informal complaints against\u201d Aptekar during their time at SJSU. That was only true, according to Deputy District Attorney John Chase, because under the school\u2019s criteria at that time, anonymous complaints were not considered official complaints at all. Chase wrote in a September 2016 email obtained by BuzzFeed News that he found this \u201csuspiciously convenient,\u201d but Chase closed the investigation without pressing charges. Though they are still professors at the school, Chin and McVey are no longer deans there. The university declined to say why they left those roles. Jason Laker, an professor in Aptekar's department who has handled campus sexual misconduct cases at other campuses, brought the case to the prosecutor's attention because he was \"distressed\" at how the university handled the allegations against his colleague. \"Students work so hard to come here,\" Laker told BuzzFeed News, \"and they need to be given what they\u2019re here for,\" including swift responses to reports of sexual harassment on campus classmate told the university that, during at least eight class sessions, she witnessed Aptekar ask the student if he could date her. 2/17/25, 1:14 It Took Years For University To Punish This Professor After Harassment Allegations Were First Made 3/8 Colleges, including renowned California universities like Stanford, University of California Berkeley, and UCLA, have increasingly faced claims in recent years that they dismissed reports of professors sexually harassing women. The revelations about show problems extend to the California State University system, which is predominantly funded by state tax dollars has a student body of more than 30,000 and has 3,500 non-student faculty and staff. Eight employees, including Aptekar, were found to have committed sexual misconduct between 2014 and 2016, according to records obtained by BuzzFeed News, but only one \u2014 a financial aid adviser caught looking at porn at work \u2014 was fired President Mary Papazian ordered a review of how the university dealt with Aptekar's case and promised \u201cappropriate systematic actions based on what we learn.\u201d Papazian is finishing her first year as SJSU\u2019s president and will celebrate her inauguration on May 4. In an interview, Papazian said that the university has changed how it deals with sexual misconduct. It now publicizes how many assaults are reported and their outcomes. It has appointed new administrators to oversee Title compliance and changed procedures on how faculty must handle claims that professors are harassing students. Had this system been in effect in 2014, when a faculty member submitted a report against Aptekar on behalf of two students who wanted to remain anonymous, Papazian said there would have been a more thorough investigation. If the same report was made today, Papazian said, \u201cwe would follow up and request the names of the anonymous sources. So that would be handled rather differently than it was two years ago.\" Documents obtained by BuzzFeed News came through sources with knowledge of the 2014 case, and via an open records request submitted in September that was fulfilled last week. 2/17/25, 1:14 It Took Years For University To Punish This Professor After Harassment Allegations Were First Made 4/8 San Jose State University Stuart Ching / Via commons.wikimedia.org The files show David Bruck, an associate dean, emailed Julie Paisant, the head of the university's equal opportunity office, on Aug. 12, 2014, to report that two female students told him \u201cof some sexually charged encounters\u201d with Aptekar redacted copy of the email did not go into detail but included the students' allegation that Aptekar \"sits too close\" to women, and often invaded their personal space. The more than 1,000 pages of documents do not show what Paisant did with that report university spokesperson said that at this point, the administration cannot say with certainty. Papazian said that as she understands it, there was a request for more information to understand the circumstances of Bruck's report, but she was not sure whether Bruck was told to provide the names of the complaining students don't know it was clear that Julie could've insisted on those names; that is clear today,\" Papazian told BuzzFeed News. 2/17/25, 1:14 It Took Years For University To Punish This Professor After Harassment Allegations Were First Made 5/8 Aptekar referred an interview request to his attorney, Elisa Stewart. Stewart said the investigation into the later complaint, filed in 2015 and adjudicated in 2016, was flawed and failed to interview multiple witnesses, and she blamed the case on office politics. Stewart also said Aptekar \"was never made aware of prior complaints,\" referring to the 2014 anonymous ones. The first time Aptekar was told of a complaint against him was after he became a department chair in summer 2015, according to Stewart. That July, a graduate student filed an official report alleging Aptekar had harassed her in several summer classes by frequently asking her if she was single and whether she'd date him. On one occasion, she said, Aptekar grabbed her hand and said, \u201cIf was with you would never leave you classmate told the university that, during at least eight class sessions, she witnessed Aptekar ask the student if he could date her former grad student in the department interviewed as part of the investigation said that two years earlier, in 2013, Aptekar asked her on dates and insisted she come to his office for \u201cpersonal counseling\u201d as a condition of the class. Two weeks before graduation, she said she told Aptekar it was \"inappropriate\" for him to ask his students on dates. \u201cYou are graduating in another week or two, you will be done and you won\u2019t be my student anymore,\u201d Aptekar replied, according to the former student, who did not report her concerns to the university at the time. But when they were interviewed during the investigation, Chin and McVey both insisted that no one had made \u201cany formal or informal complaints\u201d against Aptekar in recent years. Aptekar denied harassing students and said if he ever asked someone if they were single, it was related to coursework. But the university concluded that Aptekar is \u201cinappropriately using this method to probe for more personal information than cannot possibly be related to an academic program, and then using that very same The university concluded that Aptekar is \u201cinappropriately using this method to probe for more personal information.\" 2/17/25, 1:14 It Took Years For University To Punish This Professor After Harassment Allegations Were First Made 6/8 Topics in this article College information to push for more personal relationships with these women,\u201d according to the investigation file 2015 survey of 27 campuses found that grad students were three times as likely to experience harassment by a teacher or adviser. Yet, grad students are often reluctant to come forward with sexual harassment complaints because they depend on their professors and advisers to get started in their careers more than undergraduates do. It's still unclear whether Chin and McVey knew about the 2014 allegations. Papazian told BuzzFeed News she does not know. Chase, of the prosecutor's office, told BuzzFeed News he could not say whether his investigation confirmed that Chin and McVey knew about the anonymous allegations prior to summer 2016. Chin and McVey did not respond to multiple requests for comment. Of the eight employees found to have violated sexual misconduct policies since 2014, most quit department chair in the engineering college, who was caught with porn on their work computer, retired before any action was taken against them. One lecturer in the psychology department who was found to have made gender-based slurs and discriminatory comments in class was given a letter of reprimand and decided to stop teaching at before they could be suspended professor in the School of Management was required to take sexual harassment training in 2014 for, among other things, telling a student assistant she was \u201cdressed to kill\u201d and kissing her on the cheek. Papazian said the school has hired additional investigators and a new chief diversity officer to help handle cases and feels confident they're headed in the right direction. The university, she said, is \"not at all interested in, if you will, sweeping things under the rug.\" 2/17/25, 1:14 It Took Years For University To Punish This Professor After Harassment Allegations Were First Made 7/8 a brand. \u00a9 2025 BuzzFeed, Inc Press Privacy Consent Preferences User Terms Accessibility Statement Ad Choices Help Contact Sitemap Tyler Kingkade BuzzFeed News Reporter Comments Share your thoughts Be One of the First to Comment 2/17/25, 1:14 It Took Years For University To Punish This Professor After Harassment Allegations Were First Made 8/8"} |
8,940 | Marc Foster | California State University - Sacramento | [
"8940_101.pdf",
"8940_102.pdf",
"8940_101.pdf",
"8940_102.pdf"
] | {"8940_101.pdf": "", "8940_102.pdf": "Date(s) of Incident Complainant Status Respondent Name Respondent Position Incident Description Outcome 8-Sep-17 Student Ted Kidwell Piano Technician Sexual harassment (inappropriate comments regarding Complainant's gender) Counseling memo. 14-Sep-17 Staff Ted Kidwell Piano Technician Retaliation (Respondent retaliated in response to Complainants' complaint) Counseling memo. 20-Sep-17 Student Michael Bolliger Assistant Track & Field Coach Sexual harassment (inappropriate sexual comments to student-athlete) Letter of reprimand. 2016-2017 Student Lance Brewer Custodian Sexual harassment (inappropriate sexual comments to student) Respondent voluntarily resigned prior to the conclusion of the investigation. 2016 Staff Summer Wilson Music Dept Sexual harassment (unwanted comments of a sexual nature) and stalking Respondent voluntarily resigned prior to the conclusion of the investigation. Fall 2015 Student Eugene Dammel Faculty Gender discrimination based on Respondent's in/out of class comments that caused Complainant to stop attending class. Pursuant to Settlement Agreement, one- semester suspension without pay and various training courses. Spring 2016 Student Tyehimba Kokayi Faculty Sexual misconduct (nonconsensual touching), sexual harassment, race harassment Pursuant to Settlement Agreement, Respondent voluntarily resigned and agreed not to seek future employment with the campuses. Spring 2016 Student Tyehimba Kokayi Faculty Sexual misconduct (nonconsensual touching), sexual harassment, race harassment Pursuant to Settlement Agreement, Respondent voluntarily resigned and agreed not to seek future employment with the campuses. Spring 2016 Student Kieuchinh \"KC\" Tran Faculty Disability discrimination (failure to accommodate) Verbal counseling. Date(s) of Incident Complainant Status Respondent Name Respondent Position Incident Description Outcome Fall 2018 Student Melissa McTernan Faculty Violation of the Consentual Relationship policy under 1097 Pursuant to Settlement Agreement, suspension without pay from 11/15/19 to 5/20/2020. Respondent voluntarily resigned while serving suspension. Spring 2019 Student Daniel Amare Faculty Sexual harassment (unwelcomed advances) After Respondent's appointment ended, Respondent was not reappointed as a lecturer Fall 2019 Student Marc Foster Faculty Sexual harassment (unwanted comments of a sexual nature) and stalking After Respondent's appointment ended, Respondent was not reappointed as a lecturer Fall 2019 Student Marc Foster Faculty Sexual harassment (unwanted comments of a sexual nature) and retaliation. After Respondent's appointment ended, Respondent was not reappointed as a lecturer Spring 2019 Faculty David Swim Faculty Sexual harassment (unwanted comments of a sexual nature) Pursuant to Settlement Agreement, Respondent voluntarily resigned on 9/30/20. Fall 2018 Faculty David Swim Faculty Sexual harassment (unwanted comments of a sexual nature) Pursuant to Settlement Agreement, Respondent voluntarily resigned on 9/30/20."} |
7,427 | Pavel Naumov | McDaniel College | [
"7427_101.pdf",
"7427_102.pdf",
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] | {"7427_101.pdf": "From Casetext: Smarter Legal Research Naumov v. McDaniel Coll., Inc Southern Division Mar 31, 2017 Case No.: GJH-15-482 (D. Md. Mar. 31, 2017) Copy Citation Download Check Treatment Delegate legal research to CoCounsel, your new legal assistant. Try CoCounsel free Case No.: GJH-15-482 03-31-2017 NAUMOV, Plaintiff, v COLLEGE, INC., et al., Defendants United States District Judge Sign In Search all cases and statutes... Opinion Case details 2/17/25, 1:14 Naumov v. McDaniel Coll., Inc., Case No.: GJH-15-482 | Casetext Search + Citator 1/24 It is possible for an institution or individual to seek to do the right thing, motivated by proper motives and, yet, do so in the wrong way. This may be such a case. Defendant McDaniel College, Inc. (\"McDaniel\"), its President, Defendant Dr. Roger Casey, and its Provost, Defendant Dr. Jeanine Stewart (collectively, along with Chairman of the Board of Trustees Defendant Martin Hill, \"Defendants\"), became aware of a potential claim of harassment, hostile work environment and stalking from a departing professor and immediately initiated an investigation. But the target of that investigation, Plaintiff Dr. Pavel Naumov, has adduced sufficient evidence to create a genuine dispute of material fact as to whether the manner in which Defendants pursued the investigation, which led to his termination, violated their own Title Policy and, thus, breached an agreement between the parties. As a result, having held a hearing on this matter on February 13, 2017, see Loc. R. 105.6 (D. Md. 2016), the Court grants, in part, and denies, in part, Defendant's Motion for Summary Judgment. Specifically, Plaintiff's claims for Violation of the Title Policy (Count I) and Violation of Faculty Handbook (Count IV) will *2 be merged and will survive as one count, while claims for Intentional Infliction of Emotional Distress (Count II) and Violation of Due Process (Count III) are dismissed 2 1 1 The following facts are undisputed or viewed in the light most favorable to Plaintiff. See Mitchell v. Data Gen. Corp., 12 F.3d 1310, 1315-16 (4th Cir. 1993) (describing procedure for summary judgment). McDaniel is a liberal arts college located in Westminster, Maryland No. 53-11 \u00b6 3. Plaintiff joined the faculty at McDaniel in 2005 as an Assistant Professor of Computer Science. Id. \u00b6 4. In 2011, Plaintiff was awarded tenure and promoted to Associate Professor of Computer Science No. 53-12 at 2. Dr. Stewart served as Provost and Dean of Faculty for McDaniel College for two years, until the end of the 2014-2015 academic year No. 53-8 at 3-4. 2 2 Pin cites to documents filed on the Court's electronic filing system (CM/ECF) refer to the page numbers generated by that system. On April 28, 2014, Dr. Sara More, an Associate Professor of Computer Science at McDaniel, who had worked with Plaintiff, informed Dr. Stewart that she planned to resign her tenured position at McDaniel and accept a 2/17/25, 1:14 Naumov v. McDaniel Coll., Inc., Case No.: GJH-15-482 | Casetext Search + Citator 2/24 non-tenure-track position at Johns Hopkins University 53-5 at 8. Dr. More stated that she would probably not have considered leaving McDaniel if not for the presence of Plaintiff. Id. Dr. Stewart arranged for follow-up meetings with Dr. More and Dr. More shared her concerns regarding Plaintiff in more detail. Specifically, Dr. More relayed that, despite repeated requests that he stop, Plaintiff made frequent comments about her appearance 53-6 at 2. On one occasion, when she was wearing a sweater with circles, Plaintiff stared at her chest and said \"I'll be thinking of circles all day.\" Id. Additionally, Plaintiff would walk Dr. More to her car at the end of every day, even after having been asked not to do so. Id. Dr. More did not allege any inappropriate touching by Plaintiff, but felt that their interactions defied appropriate social boundaries and had been uncomfortably intense, with Plaintiff once telling her \"if weren't married would marry you.\" Id. at. 3. Dr. More also *3 complained that, as her date of departure approached, Plaintiff asked if the two of them could have lunch together, which bothered her because she thought it was inappropriate for just the two of them to have lunch and not the entire department. Id. at 5. 3 Additionally, Dr. More shared with Dr. Stewart a lengthy letter, emails and cards she had received from Plaintiff No. 53-6 at 6. Dr. Stewart's impression of the communications was that they were \"overly personal and presumptuous\" and \"smacked of adolescent intensity.\" Id. at 7. In an email discussing the documents Dr. More permitted her to read, Dr. Stewart wrote: \"[Dr. More] brought with her four documents that she allowed me to read, but did not want to photocopy or leave in my possession. This is consistent with her ongoing request to be treated as an anonymous witness rather than a complainant.\" Id. at 6. As a result of the information provided by Dr. More, Dr. Stewart told Dr. More that she felt obligated to file a Title claim on behalf of McDaniel and that an investigation would follow No. 53-6 at 2-3. Dr. Stewart recorded in her notes that Dr. More was \"comfortable w[ith] this (assuming confidentiality and hoping to be gone before conclusion).\" Id. at 4. Additionally, Dr. More agreed that she would share documentation from her file with investigators. Id. 2/17/25, 1:14 Naumov v. McDaniel Coll., Inc., Case No.: GJH-15-482 | Casetext Search + Citator 3/24 Prior to discussing the investigation, it is useful to understand the policies that were intended to guide the investigation and results. There were three editions of the McDaniel Faculty Handbook in place during the relevant time period in this case: a February 2014 edition, an August 2014 edition ana a December 2014 edition No. 53-11 \u00b6 6. All three editions reference McDaniel's \"Affirmative Action / Equal Opportunity Manual,\" and provide that \"when a grievance is alleged to be discrimination or harassment, procedures outlined in the Affirmative *4 Action Manual will be followed.\" Id. \u00b6\u00b6 6-7. The Affirmative Action Manual includes the McDaniel Title Policy as an appendix. Id. \u00b6 7. 4 McDaniel's Title Policy was first enacted in approximately 2012 and was updated several times No. 53-11 \u00b6 8 Title workshop for faculty was scheduled in November 2012, changes to the policy were disseminated by email to the faculty on April 1, 2013, and faculty and staff were required to participate in annual Title training beginning on June 5, 2014. Id. The June 2014 Title Policy was the version in effect at the time a Title complaint was filed against Plaintiff in September 2014 No. 53-14. It provides that \"if the respondent is a faculty member, his/her tenure status is not a protection, since discrimination, harassment and sexual assault violate basic human rights guaranteed by law, and tenure is not a guarantee against sanction due to either established academic principles or civil or criminal laws.\" Id. at 14. Dr. Stewart reported Dr. More's complaints to McDaniel's Title advisor, Dr. Julia Jasken, who ordered an investigation No. 53-8 at 5-6. The investigation was conducted by Campus Safety Detective Eric Immler. Id. at 29. After an investigation was completed, Dr. Casey, McDaniel's President, and Dr. Stewart discussed the results and believed that they had an obligation imposed by the Department of Education's Office of Civil Rights' Dear Colleague Letter, dated April 4, 2011 (\"Dear Colleague Letter\"), to pursue a complaint on behalf of Dr. More and the college even if Dr. More \"wished to remain as anonymous as possible 53-15 at 8-9. Dr. Stewart met with Plaintiff on August 25, 2014, at which time she explained the charges against him, informed him of the Title Policy, gave him the option to resign before any formal hearing began, gave him access to 2/17/25, 1:14 Naumov v. McDaniel Coll., Inc., Case No.: GJH-15-482 | Casetext Search + Citator 4/24 the Human Resources Department and encouraged him to speak with his own counsel No. 53-8 at 32-33 No. 53-13 at 7. Plaintiff was *5 also informed during the meeting that he was being suspended with full pay and was to remain away from campus until further notice No. 53-8 at 16. He was, however, invited to contact Title Coordinator Jennifer Glennon, if needed, and, even though he had no access to send campus email, he was given permission to speak to witnesses. Id. at 16-17. 5 On August 29, 2014, Plaintiff declined the opportunity to resign and requested that the formal grievance procedures specified in the policy begin No. 53-3 at 57. Dr. Casey discussed with Dr. Stewart the need for her to remove herself from the role the Provost would typically serve so that she could be designated as the complainant in a Title proceeding against Plaintiff No 53-15 at 3-9. On September 8, 2014, Dr. Stewart, as the complainant, filed a formal Title grievance against Plaintiff No 53-10 at 2. In accordance with McDaniel's Title Policy, on September 12, 2014, Plaintiff was notified that a preliminary hearing would take place during the week of October 6, 2014 to decide whether to schedule a formal hearing No. 53-16 at 2. The Title Coordinator appointed five faculty or staff members to sit as the Grievance Committee to consider the charges against Plaintiff No. 53- 13 at 8. Plaintiff did not object to the composition of the committee and wrote in his journal doubt could have found better candidates myself No. 53-18 at 2-3. The Grievance Committee held a preliminary hearing, and in accordance with the Title Policy, they reviewed the complaint without knowing the identities of the complainant or respondent No. 53-19 at 3-4. The Grievance Committee decided to institute a formal hearing and the parties were notified by email No. 20. The Grievance Committee held several meetings including hearings on October 11 and 15, 2014 No. 53-11 \u00b6 13. Both Plaintiff and Dr. Stewart presented lists of witnesses and *6 Plaintiff provided a list of suggested questions No. 21. After hearing testimony, the Grievance Committee decided that Plaintiff was responsible for harassment, hostile environment and retaliation in violation of McDaniel's Title Policy, but was not responsible for stalking No. 22. The decision was communicated to the 6 2/17/25, 1:14 Naumov v. McDaniel Coll., Inc., Case No.: GJH-15-482 | Casetext Search + Citator 5/24 parties by letters emailed to both Nos. 23 & 24. Plaintiff acknowledged receiving the results but complained that they were delivered by email and not in person No. 53-11 \u00b6 14. On October 31, 2014, Plaintiff filed an appeal of the Grievance Committee decision No. 53-11 \u00b6 14. According to the Title Policy, the Appeal Panel is to consist of the Provost, Vice President for Finance and the Vice President / Dean of Student Affairs No. 53-14 at 15. Since the Provost, Dr. Stewart, was the complainant, she recused herself and no one was appointed in her place No. 53-13 at 12. The Appeal Panel met several times and they were provided with written appeal documents from Plaintiff and all documents and transcripts from the Grievance Committee hearings No. 53-13 at 13-14, 99. On November 21, 2014, the Appeal Panel issued its decision, affirming the Grievance Committee's decision that Plaintiff was responsible for harassment and hostile environment but overturned the decision that Plaintiff was responsible for retaliation No. 53-26. After reviewing the case, Dr. Casey, as President, recommended that Plaintiff be dismissed from the College for reasons of serious professional misconduct consistent with moral turpitude and for deliberate violation of the rights and freedoms of faculty members No. 53-9 at 14-15. On December 3, 2014, the Appeal Panel upheld the recommended sanction of dismissal No. 53-29. In accordance with the Title Policy, Dr. Casey informed Plaintiff that he would seek the additional recommendation of the Faculty Affairs Committee (\"FAC\"), which was required because Plaintiff was a tenured faculty member No. 53-30 at 2. *7 Plaintiff submitted a letter with exhibits to the FAC, which included the assertion that Dr. Casey was dissatisfied with Plaintiff in Spring 2013 when Plaintiff requested secret paper ballots to vote on the appointment of Dr. Stewart as Provost No. 53-3 at 7-9, 47-54. He claimed that the investigation was a pretext for their desire to dismiss him No. 53-3 at 47-48. During his deposition in this case, Plaintiff speculated that Dr. Stewart may have been motivated by her feminist beliefs but then acknowledged he had no evidence to support that speculation. Id. at 11. He also opined that Dr. Stewart might have retaliated against him because of his work on the Faculty Development Committee and his discussions about travel budgets and funding. Id. at 10. 7 2/17/25, 1:14 Naumov v. McDaniel Coll., Inc., Case No.: GJH-15-482 | Casetext Search + Citator 6/24 Benton v. Prince George's Cmty. Coll., No 12-1577, 2013 4501324, at *3 (D. Md. Aug. 21, 2013) (citing Celotex Corp. v. Catrett, 477 U.S. 317, 322-23 (1986)). Thus, upon a motion for summary judgment, the opposing party \"may not rest upon . . . mere allegations or denials,\" but Dr. Casey gave a PowerPoint presentation about the process to the and then left the meeting No. 53-9 at 12. Dr. Stewart, who is normally a member of the FAC, recused herself from their work on the case No. 53-8 at 10. The voted by majority vote that the recommended sanction of dismissal was appropriate No. 53-31. On January 14, 2015, the Board upheld the sanction of dismissal and Plaintiff's employment was terminated effective January 20, 2015 No. 53-33 at 3. Plaintiff admits that he neither sought nor received treatment for any kind of emotional distress arising out of his employment at McDaniel No. 53-34 at 5-6 The court \"shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.\" Fed. R. Civ. P. 56(c material fact is one that \"might affect the outcome of the suit under the governing law.\" Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986 genuine issue over a material fact exists \"if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.\" Id. In undertaking this inquiry, the Court must consider the facts and all *8 reasonable inferences in the light most favorable to the nonmoving party. Scott v. Harris, 550 U.S. 372, 378 (2007). But this Court must also abide by its affirmative obligation to prevent factually unsupported claims and defenses from going to trial. Drewitt v. Pratt, 999 F.2d 774, 778-79 (4th Cir. 1993). 8 The burden is on the moving party to show: that there is no genuine issue as to any material fact. However, no genuine issue of material fact exists if the nonmoving party fails to make a sufficient showing on an essential element of his or her case as to which he or she would have the burden of proof. 2/17/25, 1:14 Naumov v. McDaniel Coll., Inc., Case No.: GJH-15-482 | Casetext Search + Citator 7/24 rather, \"must set forth specific facts showing that there is a genuine issue for trial.\" Anderson, 477 U.S. at 248. 20 U.S.C. \u00a7 1681(a). An implied right of action exists for enforcement of Title IX. Cannon v. Univ. of Chicago, 441 U.S. 677, 717 (1979). Such a right A. Violation of Title Policy (Count I) There are potentially two related, but distinct, claims to be considered in Count I. Although not clearly articulated in the Amended Complaint, Plaintiff now contends that he was fired because of his gender in violation of Title and, more specifically, that his termination was an \"erroneous outcome that was motivated by gender bias No. 58 at 28. Additionally, Plaintiff asserts that the process by which he was investigated and terminated violated a *9 contractual obligation owed to him through McDaniel's Title Policy. Both claims will be addressed in turn. 3 9 3 The Amended Complaint clearly articulates a violation of the Title Policy No. 24 \u00b6\u00b6 80-90. However, Defendants, in their Summary Judgment Motion, appear to read into the Amended Complaint a violation of Title itself and address such a claim in their briefing No. 53-1 at 25. Plaintiff responded to those arguments in its opposition No. 58 at 26. Although the Court could reject the claim solely on the basis that it is not properly pled in the Amended Complaint, see Zachair Ltd. v. Driggs, 965 F. Supp. 741, 748 n. 4 (D.Md.1997) (plaintiffs \"cannot, through the use of motion briefs, amend the complaint\"), since both sides have been fully heard on the issue, the Court will analyze the claim. 1. Title IX: Erroneous Outcome Claim Plaintiff claims that Defendant's decision to pursue charges and terminate him violated his rights under Title IX. Title of the Education Amendments of 1972 provides 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 . . . 2/17/25, 1:14 Naumov v. McDaniel Coll., Inc., Case No.: GJH-15-482 | Casetext Search + Citator 8/24 exists where the Plaintiff has been (1) discriminated against on the basis of gender, (2) by an educational institution receiving federal funds. Preston v. Comm. Of Va. ex rel. New River Cmty. Coll., 31 F.3d 203, 206 (4th Cir. 1994). McDaniel has not disputed that it is an educational institution receiving federal funds, thus, the only issue for analysis is whether Plaintiff was discriminated against on the basis of gender. \"'Title claims against universities arising from disciplinary hearings' are analyzed under the 'erroneous outcome' standard, 'selective enforcement' standard, 'deliberate indifference' standard, and 'archaic assumptions' standard.\" Doe v. Univ. of the South, 687 F. Supp. 2d 744, 756 (E.D. Tenn. 2009) (quoting Mallory v. Ohio Univ., 76 App'x 634, 638 (6th Cir. 2003)). Plaintiff proceeds under the \"erroneous outcome\" standard No. 58 at 28 (\"Dr. Naumov contends that McDaniel's decision to pursue the charge against him, and ultimately terminating him, was an erroneous outcome mat was motivated by gender bias.\"). *10 10 In an erroneous outcome case, \"the claim is that the plaintiff was innocent and wrongly found to have committed an offense\" on the basis of gender bias. Doe, 123 F. Supp. 3d at 765 (citing Yusuf v. Vassar Coll., 35 F.3d 709, 715 (2d Cir. 1994)). To establish a claim, Plaintiff must demonstrate (1) \"a procedurally or otherwise flawed proceeding\"; (2) \"that has led to an adverse and erroneous outcome\"; and (3) \"particular circumstances suggesting that gender bias was a motivating factor behind the erroneous finding.\" Yusuf, 35 F.3d at 715. Conclusory statements unsupported by evidence will not suffice to establish the third element. Sufficient evidence may include \"statements by members of the disciplinary tribunal, statements by pertinent university officials, or patterns of decision-making that also tend to show the influence of gender.\" Id. Plaintiff argues that \"the College has created an environment in, and procedure by, which male faculty accused of sexual harassment are virtually assured of a finding of guilty/responsibility and/or the College is deliberately indifferent to such a culture on campus No. 58 at 30. But while the language used in Plaintiff's arguments align with the requirements articulated by courts in erroneous outcome cases, see, e.g., Doe v. Salisbury Univ., 123 F. Supp. 3d 748, 768 (D. Md. 2015), Plaintiff fails to point to any 2/17/25, 1:14 Naumov v. McDaniel Coll., Inc., Case No.: GJH-15-482 | Casetext Search + Citator 9/24 evidence in the record to support the argument. Indeed, Salisbury makes the point. Id. There, in analyzing a case at the motion to dismiss stage, plaintiffs alleged that the school \"possessed communications evidencing Defendants' deliberate indifference in imposing wrong discipline on Plaintiffs on the basis of their gender ... [and] evidencing SU's intent to favor female students alleging sexual assault over male students like Plaintiffs who are accused of sexual assault.\" Id. at 768. Plaintiffs have made no such allegations of internal communications or of the existence of any other evidence related *11 to gender bias and, more importantly, as this case is at the summary judgment stage, points to no evidence in the record to support such a claim. 11 Plaintiff additionally \"strongly asserts that Dr. Stewart charged him because of her strong feminist views and her bias against male faculty members No. 58 at 30. Again, Plaintiff's articulation of the claim finds support in case law, see, e.g., Doe v. Washington & Lee Univ., 6:14-CV-00052 2015 4647996, at *10 (W.D. Va. Aug. 5, 2015) (finding plausible link between plaintiff's expulsion and gender bias based on nature of article written by Title Officer for \"female-focused website\"), but fails to cite to any evidence in the record to create a genuine dispute of fact regarding the issue. Indeed, Plaintiff's only citation in support of this proposition is to his own self-serving affidavit in which he simply states that Dr. Stewart holds \"strong feminist views\" and filed the complaint against him as a result No. 58-5 \u00b6\u00b6 10, 15, 80. And even if such unsupported statements were sufficient to establish that he was fired due to Dr. Stewart's \"feminist views,\" those statements are contradicted by his own prior statements to the contrary, in which he expressed unrelated reasons for which Dr. Stewart may have wished to retaliate against him. Specifically, in his deposition, Plaintiff recounted that there was a time where he was on the Faculty Development Committee and expressed his displeasure with changes suggested by Dr. Stewart No. 53-3 at 43. Referring to that dispute, he stated \"that's another reason [why she] potentially might be retaliating against me.\" Id. Additionally, when asked for further explanation of his statement that Dr. Casey's dismissal recommendation was \"unjustified and vindictive,\" he stated that it was \"hard for me to speculate about people's motives\" and agreed that he did not know the reason for the termination No. 53-3 at 13-14. *12 12 2/17/25, 1:14 Naumov v. McDaniel Coll., Inc., Case No.: GJH-15-482 | Casetext Search + Citator 10/24 In sum, while Plaintiff may earnestly believe he has been the victim of gender bias, he has not pointed to any evidence that he has been the victim of gender bias. Because Plaintiff provides no evidentiary support for the proposition that gender bias was a motivating factor behind the alleged erroneous outcome of his termination, his Title erroneous outcome claim fails. 2. Violation of the Title Policy Plaintiff also asserts that McDaniel violated their Title Policy (Count I) and the Employee Handbook (Count IV). Defendants concede that the Title Policy and Employee Handbook are binding contracts between McDaniel and its employees, including Plaintiff No. 61 at 12 (\"In its Opening Brief Defendants explained why the particularized procedures of McDaniel's Title policy were the procedures which were contractually guaranteed to Plaintiff in this case. . .\"); see also Staggs v. Blue Cross of Md., 61 Md. App. 381, 392 (Md. Ct. Spec. App. 1985) (\"policy statements that limit the employer's discretion to terminate an indefinite employment or that set forth a required procedure for termination of such employment may, if properly expressed and communicated to the employee, become contractual undertakings by the employer that are enforceable by the employee.\"); but see Doe v. Washington and Lee Univ., Case No. 6:14-cv-00052, 2015 U.S. Dist 102426, at *30 (W.D. Va. Aug. 5, 2015) (holding that under Virginia law, Student Handbook and the Interim Sexual Harassment and Misconduct Policy were not binding contracts). Thus, these claims are best analyzed as breach of contract claims brief of contract claim under Maryland law requires (1) a contractual obligation and (2) a material breach of that obligation. Reed v. Bank of Am. Home Loans, Civil No 13-3265, *13 2016 U.S. Dist 75670, at *28 (D. Md. Jun. 10, 2016). Plaintiff asserts a number of potential breaches of the Title Policy but only two merit serious consideration: that Defendants improperly identified Dr. Stewart as the complainant instead of Dr. More, who was the person Plaintiff allegedly harassed, and that the complaint was not reported within 90 days of the occurrence, as required by the Title Policy. In addition to denying any breach, Defendant alternatively argues that, if they did breach, it was only because public policy required the action 13 2/17/25, 1:14 Naumov v. McDaniel Coll., Inc., Case No.: GJH-15-482 | Casetext Search + Citator 11/24 Wooldridge, v. World Championship Sports Network, Inc., Civil Action No 2007-3482, 2009 U.S. Dist 85057, at *14-15 (D. Md. Sept. 17, 2009) (quoting Mathis v. Hargrove, 166 Md. App. 286, 318-19 (Md. Ct. Spec. App. 2005)). When the contract's meaning is unambiguous, interpretation of the contract is a matter of law to be resolved by the trial judge. Trouardv. Dickey's Barbecue Rests., Inc., Case No. PWG-14-1703, 2014 U.S. Dist 106218, at *23 (D. Md. Aug. 1, 2014). But when \"there is a bona fide ambiguity they undertook. The Court will address the allegations of breach and then turn to the public policy issues raised by Defendant. a. Dr. Stewart as Named Complainant Although it was Dr. More who was allegedly harassed by Plaintiff, Dr. Stewart, the School Provost, filed the claim as the complainant. The significance of such an approach is that the Title Policy requires a complainant who is willing to be identified in order for the claim to proceed No. 53-14 at 12, and Dr. More had indicated that her family and friends had been discouraging her from participating in a claim and that she wished to remain an \"anonymous witness rather than a complainant No. 53-6 at 5-6. Thus, without substituting Dr. Stewart as the complainant, Defendants would not have been able to pursue the claim against Plaintiff. Plaintiff contends that this was a breach of the Title Policy, which, according to Plaintiff, required that the person who was the alleged victim of the harassment serve as the complainant. Defendant contends that the policy permitted their approach. As indicated above, Defendants concede that the Title Policy is a contractual agreement, thus principles of contract interpretation apply to the Title Policy. For the purpose of interpreting contacts, Maryland applies the objective theory, which states that: *14 14 a court is to determine from the language of the agreement, what a reasonable person in the position of the parties would have understood the contract to mean at the time the contract was entered into; when the language of the contract is plain and unambiguous, there is no room for construction as the court will presume that the parties meant what they expressed. 2/17/25, 1:14 Naumov v. McDaniel Coll., Inc., Case No.: GJH-15-482 | Casetext Search + Citator 12/24 in the contract's language or legitimate doubt as to its application under the circumstances . . . the contract is submitted to the trier of the fact for interpretation.\" Bd. of Ed. of Charles Cty v. Plymouth Rubber Co., 82 Md. App. 9, 23 (Md. Ct. Spec. App. 1990 review of the Title Policy leaves the Court unable to find that it unambiguously supports Defendant's interpretation that a sexual harassment claim, such as the one brought against Plaintiff, could be pursued by McDaniel with someone other than Dr. More serving as the complainant. Id. at 5. At first blush, this provision would seem to give comfort to Defendants' argument that they were empowered, if not obligated, to take all necessary steps to immediately address an allegation of sexual harassment, with or without the active involvement of the alleged victim of the harassment. But later in the same section, under the sub-heading \"Procedures,\" the policy also reads: To interpret the policy, it is helpful to first understand the distinctions it draws between various forms of misconduct. Specifically, there are distinctions between the policies created for addressing claims of discrimination and harassment, on the one hand, and policies related to sexual assault and violence, on the other. See, e.g No. 53-14 at 3-5 (discussing \"Policy Against Discrimination and Harassment,\" \"Policy Against Stalking and Relationship Violence,\" and \"Policy Against Sexual Assault and Sexual Violence\"). Notwithstanding the different subject headings, the Title Policy, at times, discusses these issues jointly but, at times, appears to *15 make distinctions between the procedures McDaniel will use for each. Significantly, under the heading for Sexual Assault and Violence, the Policy reads: 15 If the College becomes aware of incidents of sexual harassment, sexual violence or sexual assault, the College will take immediate action to eliminate the sexual harassment, sexual violence or sexual assault, prevent its recurrence, and address its effects. Due to the extremely private nature of sexual assault and/or sexual violence incidents, the College will not normally pursue charges of sexual assault and/or sexual violence incidents, unless the person who believes that he/she has been sexually assaulted/violated is 2/17/25, 1:14 Naumov v. McDaniel Coll., Inc., Case No.: GJH-15-482 | Casetext Search + Citator 13/24 Id. at 9. This provision does not mention sexual harassment and there is no similar language addressing the issue of an uninvolved victim in the context of sexual harassment. Thus, in drafting this policy, it appears that McDaniel specifically considered the idea that it may, in certain situations, need to pursue an event to its conclusion even where it did not have the involvement of the victim and specifically identified only cases involving sexual assault as warranting that approach; and then even further limited that category to situations where not pursuing the incident would constitute a danger to the College community. Plaintiff's case did not involve sexual assault and there has been no argument that Plaintiff represented a danger to the College community. *16 involved in the process. . . . However, the College reserves the right, at its sole discretion, to pursue an incident of sexual assault to its conclusion in cases where not pursuing the incident would constitute a danger to the College. 4 16 4 The Court notes that this language could also be read to mean that because Sexual Harassment is not considered to be \"extremely private\" in nature like Sexual Assault and Sexual Violence, that Sexual Harassment claims could be pursued without the involvement of the victim. But that interpretation only highlights the ambiguity of the provision as it relates to Sexual Harassment cases. Additionally, to the extent the word \"complainant\" is used in the Title Policy, there is nowhere to be found an indication that the complainant can be any person other than the person allegedly harassed and, to the contrary, there are places that affirmatively suggest that the complainant is the person harassed and not another individual acting in his or her stead as Dr. Stewart did here. For example, in describing the grievance procedure, the policy reads: Anyone in the College community who is approached by someone claiming to have been discriminated against or harassed is encouraged to direct or accompany the complainant to meet with one of the designated advisors. 2/17/25, 1:14 Naumov v. McDaniel Coll., Inc., Case No.: GJH-15-482 | Casetext Search + Citator 14/24 Id. at 9. It would be difficult to read this provision to mean anything other than that the complainant and the person harassed are one and the same. Further, regarding the formal hearing, the Policy states: Id. at 11. Defendants argue that they complied with this provision because Dr. More was identified as part of the grievance procedure No. 53-1 at 44, apparently notwithstanding her desire to be \"an anonymous witness.\" But to make that point is to acknowledge that Dr. More is the proper complainant and not Dr. Stewart. Thus, in every other step in the process where they allowed Dr. Stewart to serve the role of complainant, they potentially violated their own policy. in the event that the complainant is unwilling to be identified, the formal hearing will be dismissed, no action will be taken and no report of any action will be filed. 5 5 In the context of this provision, if Dr. Stewart, or any person other than the person harassed, is allowed to be the complainant, the purpose of this provision could be entirely frustrated as the school could \"identify\" the complainant and satisfy the letter of the provision without giving the respondent any idea of who his actual accuser is. The fact that Dr. More was identified in this instance does not change the fact that Defendant's interpretation would, as a general matter, render this provision a nullity. As it relates to Defendant's position that their Title Policy permitted them to substitute Dr. Stewart as the complainant for Dr. More, \"there is a bona fide ambiguity in the contract's language or legitimate doubt as to its application under the circumstances,\" Bd. of Ed. of Charles *17 Cty, 82 Md. App. at 23, thus, the Court will deny Defendant's Motion for Summary Judgment as to Counts and IV. 17 6 6 To the extent that Count alleges Breach of the Faculty handbook, the claim is duplicative of Count I. The Faculty Handbook states that when \"a grievance is alleged to be discrimination or harassment, procedures outlined in the Affirmative Action Manual will be followed No. 53-12 at 3. The Affirmative Action Manual attaches the Title Policy. Id. Thus, any breach of the Title Policy would be a breach of the Faculty Handbook. Count and Count will therefore be merged into one count. For the same reason, alleged breaches of the Faculty Handbook based on language in the Faculty Handbook that does no: appear in the Title Policy are dismissed, as they 2/17/25, 1:14 Naumov v. McDaniel Coll., Inc., Case No.: GJH-15-482 | Casetext Search + Citator 15/24 relate to circumstances not related to harassment claims covered by the Title Policy. This would include allegations that the Faculty Handbook allowed for testimony by Plaintiff before the Appeal Panel and for representation by counsel. b. Timing of Complaint Plaintiff alleges that the charges filed against McDaniel were untimely because - he alleges - none of the violations were reported within 90 days of their occurrence. As an initial matter, the Title Policy states that \"[a]ny complaint must be reported to an advisor within 90 days of the occurrence No. 53-14 at 11. Dr. More first complained to Dr. Stewart about Plaintiff on April 28, 2014, when she stated she planned to resign and would not be doing so but for Plaintiff No. 53-5 at 3. On May 28, 2014. she had a second meeting where she further complained about unwelcome communication, including an invitation from Plaintiff to have lunch prior to leaving McDaniel No. 53-6 at 5. Dr. More believed the invitation to be inappropriate because it did not involve other members of the team and was thus troubled by it. The lunch invitation to Dr. More from Plaintiff was sent in an email dated May 12, 2014 No. 69-2. According to the testimony of Title coordinator Jennifer Glennon, a report was made to the advisor \"in the spring,\" which by necessity of the calendar and typical changing of the seasons, would mean the report was made within 90 days of the alleged harassing act of the lunch invitation. If an act contributing to a hostile work environment claim, which was one of the claims brought against Plaintiff, occurs within the limitation period, \"the entire time period of the *18 hostile environment may be considered by a court for the purposes of determining liability.\" Nat'l R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 117 (2002). Thus, applying what is known as the continuing violation doctrine to this circumstance, Defendants did not breach their policy by investigating those portions of the claim occurring more than 90 days before the report to the advisor because at least one act related to the continuing hostile work environment claim was timely reported. 18 7 7 The remaining alleged breaches of the policy were not discussed in detail in Plaintiff's briefing and will, therefore, not be discussed in detail herein. In short, Plaintiff's allegation that he was denied access to witnesses is contradicted by his deposition testimony No. 61-1 at 5-11 (discussing 2/17/25, 1:14 Naumov v. McDaniel Coll., Inc., Case No.: GJH-15-482 | Casetext Search + Citator 16/24 contacts Plaintiff made with witnesses). Plaintiff alleges that the Defendants' delivery of the results of the Grievance Committee proceeding by email and not in person violated the Title Policy, but points to no provision of the Title Policy requiring in-person delivery. Similarly, there is no citation to the Title Policy to support the allegation that Dr. Casey's presentation to the Faculty Affairs Committee was a breach of the Title Policy. Thus, the alleged breach related to Dr. Stewart serving as the named complainant is the only breach of the Title Policy that survives Summary Judgment. c. Public Policy Defendant claims that if they did breach the Title Policy, they did so because they were required to by the Dear Colleague Letter contractual provision that violates public policy is invalid, but only to the extent of the conflict between the stated public policy and the contractual provision.\" State Farm Mut. Auto. Ins. Co. v. Nationwide Mut. Ins. Co., 307 Md. 631, 643 (Md. 1986). The Dear Colleague Letter was issued by the United States Department of Education's Office of Civil Rights (\"OCR\") and is considered a \"significant guidance document\" issued to \"provide recipients with information to assist them in meeting their obligations, and to provide members of the public with information about their rights, under the civil rights laws and implementing regulations that we enforce No. 53-35 at 2 n.1. While not adding requirements to the law, it \"provides information and examples to inform recipients about how evaluates whether covered entities are complying with their legal obligations.\" Id number of provisions of the letter are relevant to this case. First, the letter states that: *19 19 If a school knows or reasonably should know about student-on- student harassment that creates a hostile environment, Title requires the school to take immediate action to eliminate the harassment, prevent its recurrence and address its effects. 8 8 Defendants state, and the Plaintiffs have not disputed, that, despite its language, the instructions provided by the Dear Colleague letter apply to school employees as well as students. 2/17/25, 1:14 Naumov v. McDaniel Coll., Inc., Case No.: GJH-15-482 | Casetext Search + Citator 17/24 Id. In the section labeled \"Remedies and Enforcement\" the Dear Colleague Letter reads, in relevant part: Id. at 16. From these provisions, Defendants contend that when they became aware of Dr. More's concerns, they had a clear obligation to pursue the matter as they did despite the fact that Dr. More was only \"comfortable with this (assuming confidentiality and hoping to be gone before conclusion No. 53-6 at 4 No. 53-35 at 5. The Dear Colleague Letter also addresses a complainant's preference for confidentiality: If the complainant requests confidentiality or asks that the complaint not be pursued, the school should take all reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or request not to pursue an investigation . . . [T]he school may weigh the request for confidentiality against the following factors: the seriousness of the alleged harassment; the complainant's age; [and] whether there have been other harassment complaints about the same individual. . . If a school determines that sexual harassment that creates a hostile environment has occurred, it must take immediate action to eliminate the hostile environment, prevent its recurrence, and address its effects. In addition to counseling or taking disciplinary action against the harasser, effective corrective action may require remedies for the complainant, as well as changes to the school's overall services or polices. There are certainly clear statements of policy in the Dear Colleague Letter. It is certainly clear that schools are encouraged to actively investigate and pursue claims of sexual harassment (among other forms of sexual misconduct). But the Court sees nothing in these provisions that requires the actions taken by McDaniel here. Like the Title Policy in place at McDaniel at the *20 time, there is no provision indicating that another individual could be substituted as the complainant in a circumstance, like 20 2/17/25, 1:14 Naumov v. McDaniel Coll., Inc., Case No.: GJH-15-482 | Casetext Search + Citator 18/24 here, where the actual complainant expresses the desire to remain anonymous in a harassment case, and nothing to indicate that the complainant could be considered anyone other than the person to whom the alleged harassing conduct was directed. Rather, there is just the general admonition that the school \"should take all reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality.\" Whether \"reasonable steps\" merely requires some investigation, an informal process or a formal process, such as here, wherein the Provost files a complaint in her own name, rather than the alleged victim who expresses reticence, ultimately leading to the termination of the accused, is far from clear. More to the point, however, to the extent the Dear Colleague Letter, dated April 4, 2011, was potentially inconsistent with its policy, the response by McDaniel upon receipt of the Dear Colleague Letter should have been to change their policy not to breach it when necessary. Considering that the reports from Dr. More to Dr. Stewart took place a full three years after the date of the Dear Colleague Letter, they clearly had ample opportunity to make the adjustment. It is not for the Court to invalidate a contract between the parties based on its sense of public policy, where, as here, the correct application of that public policy to the particular circumstances of the case is not clear. See Severn Peanut Co. v. Indus. Fumigrant Co., 807 F.3d 88, 93 (4th Cir. 2015) (advising that courts exercise caution in invalidating contracts on public policy concerns unless definitively defined). In a further attempt to find a clear statement of public policy, Defendants additionally point to \"Questions and Answers on Title and Sexual Violence\" published by in 2014. Specifically Defendants point to a provision which states that: *21 21 [W]hen a responsible employee knows or reasonably should know of possible sexual violence deems a school to have notice of the sexual violence. The school must take immediate and appropriate steps to investigate or otherwise determine what occurred (subject to the confidentiality provisions discussed in Section E), and if the school determines that sexual violence created a hostile environment, the school must then take appropriate steps to 2/17/25, 1:14 Naumov v. McDaniel Coll., Inc., Case No.: GJH-15-482 | Casetext Search + Citator 19/24 No. 59-7 at 23-34 (emphasis added). To understand the requirement of this provision, however, one must first understand what is meant by \"sexual violence.\" And that answer is also provided in the same document under the question \"What is sexual violence?\" The answer provided is as follows No. 59-7 at 9. Importantly, while the Dear Colleague Letter states that sexual harassment includes sexual violence No. 53-35 at 4 (\"Sexual violence is a form of sexual harassment prohibited by Title IX\"), the reverse is not true. That is to say that sexual violence appears to be considered a subset of sexual harassment and, thus, not all sexual harassment is sexual violence. Even a cursory understanding of the allegations raised against Plaintiff indicates that what he was accused of would not meet the definition of sexual violence above. Thus, this provision, which clearly focuses on sexual violence, is of no relevance to this case. address the situation. The school has this obligation regardless of whether the student, student's parent, or a third party files a formal complaint Answer Sexual violence, as that term is used in this document and prior guidance, refers to physical sexual acts perpetrated against a person's will or where a person is incapable of giving consent number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, sexual abuse, and sexual coercion. 9 9 If anything, this is consistent with the Title Policy which, as the Court explained earlier, appears to explicitly encourage the school to proceed in matters of sexual assault, even with an uncooperative victim, while containing no similar encouragement for sexual harassment cases. Finally, at the Motions Hearing, Defendants cautioned the Court that a ruling denying summary judgment in its favor could have a chilling effect on a school's ability to remedy a claim of sexual harassment where the alleged victim does not wish to participate in the process. *22 That argument misapprehends both the substance and limitation of the Court's ruling. The Court has no opinion, and has no reason to provide an opinion, as to the general appropriateness of the investigation conducted by McDaniel or its outcome. Nor is the Court opining as to a potential constitutional infirmity 22 2/17/25, 1:14 Naumov v. McDaniel Coll., Inc., Case No.: GJH-15-482 | Casetext Search + Citator 20/24 with the approach taker by McDaniel. The Court is simply finding that it is unclear whether the approach taken by McDaniel was consistent with its own Title Policy in existence at the time and that the issue merits resolution by a jury. B. Intentional Infliction of Emotional Distress (Count II) Plaintiff also asserts a claim for Intentional Infliction of Emotional Distress (\"IIED\"), alleging in Count that \"the deliberate and outrageous actions by Provost Stewart and President Casey in proceeding with a false charge, out of date and without a legitimate complainant, was extreme and outrageous and caused Dr. Naumov extreme emotional distress No. 21-1 \u00b6 105. To prevail on an claim, Plaintiff must demonstrate: \"(1) intentional or reckless conduct that is (2) extreme and outrageous and is (3) casually connected to the emotional distress, which is (4) severe.\" Doe v. Salisbury Univ., 123 F. Supp. 3d 748, 759 (D. Md. 2015) (citing Manikhi v. Mass Transit Admin., 360 Md. 333, 367 (Md. 2000 claim for \"is to be used sparingly and only for opprobrious behavior that includes truly outrageous conduct . . . 'of a nature which is especially calculated to cause, and does cause, mental distress of a very serious kind.'\" Kentucky Fried Chicken Nat. Mgmt. Co. v. Weathersby, 326 Md. 663, 670 (Md. 1992) (quoting W. Page Keeton, Prosser and Keeton on the Law of Torts \u00a7 12, at 60-61 (5th ed. 1984)). \"Liability for the tort of [IIED] should be . . 'reserved for those wounds that are truly severe and incapable of healing themselves.'\" Caldor, Inc. v. Bowden, 330 Md. 632, 642 (Md. 1993) (quoting Figueiredo-Torres v. Nickel, 321 Md. 642, 653 (Md. 1991)). *23 23 \"The Fourth element of [IIED] requires the plaintiff to show that he suffered a severely disabling emotional response to the defendant's conduct.'\" Caldor, 625 A.2d at 964 (quoting Harris v. Jones, 281 Md. 560, 380 A.2d 611, 616 (Md. 1977)). The \"distress [must be] so severe that 'no reasonable man could be expected to endure it.'\" Thacker v. City of Hyattsville, 135 Md. App. 268, 315 (Md. Ct. Spec. App. 2000) (quoting Harris, 281 Md. at 570-71). Here, Plaintiff has failed to demonstrate severe emotional distress necessary to prevail on a claim for IIED. To the contrary, Plaintiff acknowledges in his deposition that he received no treatment for any emotional distress, could 2/17/25, 1:14 Naumov v. McDaniel Coll., Inc., Case No.: GJH-15-482 | Casetext Search + Citator 21/24 not identify any resulting medical condition and could only state that he was \"very upset No. 53-3 at 3. This falls well short of the distress required by Maryland courts, which has referred to conduct that strikes \"to the very core of one's being, threatening to shatter the frame upon which one's emotional fabric is hung.' Hamilton v. Ford Motor Credit Co., 66 Md. App. 46, 59-60, cert denied, 306 Md. 118 (Md. Ct. Spec. App. 1986). Because any emotional distress suffered by aintiff was lacking in severity, summary judgment is granted in favor of Defendants as to Count II. See Robinson v. Cutchin, 140 F. Supp. 2d 488, 494 (D. Md. 2001) (granting motion for summary judgment on claim of where there was no indication plaintiff was treated or hospitalized for mental anguish or allegedly severely disabling emotional condition.).10 10 Because Count is the only count naming Mr. Hill, Dr. Casey and Dr. Stewart as defendants, they are dismissed from the case. -------- C. Violation of Due Process (Count III) In Count III, Plaintiff alleges that Defendant violated his Fifth Amendment right to Due Process. However, as a general matter, a private institution, such as McDaniel, is not subject to the constitutional requirements of the Fifth Amendment. Doe v. Washington and Lee Univ., Case *24 No. 6:14-cv- 00052, 2015 U.S. Dist 102426, at *22 (W.D. Va. Aug. 5, 2015). \"There are, however, limited circumstances, wherein the Fifth Amendment applies to a private university, namely, when the conduct at issue is '[governmental] action,' that is where it 'can fairly be attributed to the [federal government].'\" Id. (citations omitted) (alterations in original). There are three situations where a private party's conduct can be considered governmental action: \"(1) when there is either a sufficiently close nexus, or joint action between the [government] and the private party; (2) when the [government] has, through extensive regulation, exercised coercive power over, or provided significant encouragement to, the private actor; or (3) when the function performed by the private party has traditionally been an exclusive public function.\" S.P. v. City of Takoma Park, Md., 134 F.3d 260, 269 (4th Cir. 1998). 24 2/17/25, 1:14 Naumov v. McDaniel Coll., Inc., Case No.: GJH-15-482 | Casetext Search + Citator 22/24 The Court in Washington and Lee addressed the identical issue currently before this Court. There, plaintiff argued that the school's disciplinary proceedings were attributable to the government because they were motivated by the Dear Colleague Letter. Washington and Lee Univ., 2015 U.S. Dist 102426, at *23. The court rejected the argument noting that while it was plausible the school was under pressure to convict students accused of sexual assault, for Fifth Amendment protections to apply, \"the government must have compelled the act of which [Plaintiff] complains.\" Id. (quoting Andrews v. Fed. Home Loan Bank of Atlanta, 998 F.2d 214, 218 (4th Cir. 1993).Thus, because there was no allegation that the school was deprived of its autonomy or that the government participated in the decision-making process, the school could not be considered a governmental actor subject to due process requirements. Id. Likewise, here, Plaintiffs have not made any showing that Defendants' actions represented joint conduct between McDaniel and the government. While the Defendant may have been attempting to comply with what it perceived to be the expectations of the Dear *25 Colleague Letter, the actions complained of were not dictated by the Government. Thus, as a private entity, the Due Process claims against the Defendants fail and summary judgment is entered on their behalf as to Count alleging Due Process violations. 25 For the foregoing reasons, Defendants' Motion for Summary Judgment is granted in part and denied in part separate Order shall issue. Dated: March 31, 2017 /s/_________ United States District Judge 2/17/25, 1:14 Naumov v. McDaniel Coll., Inc., Case No.: GJH-15-482 | Casetext Search + Citator 23/24 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, 1:14 Naumov v. McDaniel Coll., Inc., Case No.: GJH-15-482 | Casetext Search + Citator 24/24", "7427_102.pdf": "Home Institutions McDaniel College 2005 Showing papers by \"McDaniel College published in 2005\" Search papers Sort by: Citation Count Open Access Year Clear filters Showing all 8 results Journal Article Rachel Bryant 1, Lauren Dundes 1 \u2022 Institutions (1) 31 Aug 2005 - Journal of Consumer Affairs Go to Paper 60 citations Cite Share Journal Article J.L. Lawless, Reuven Chen 1 Lo 2, Vasilis Pagonis 3 \u2022 Institutions (3) 13 Jan 2005 - Journal of Physics: Condensed Matter Portion Distortion Study of College Students. TL;DR: In this article, the authors compared designated serving size to actual consumption (portion size) and found that the stated serving size of cereal and punch was less than half of the portion size. Abstract: This study compared designated serving size to actual consumption (portion size). Forty-two college students estimated portion size and serving size of cereal, candy, and punch. Most (81%) refer to package labels, and over a third of women identified serving size as \u201cof major interest.\u201d Only one-third accurately estimated the serving size of cereal within 10% of the correct amount. The stated serving size of cereal and punch was less than half of the portion size. Increasing serving sizes to more closely correspond to portion sizes would benefit consumers by providing information more likely to represent the nutritional quantities commonly consumed. Save model for non-monotonic dose dependence of thermoluminescence (TL) TL;DR: In this paper, the authors show that the non-monotonic dose dependence of thermoluminescence (TL) may result from a simple energy level scheme of at least one kind of ...read more Pricing Sign up Papers Discover papers for your research 2/17/25, 1:14 Top 8 papers published by McDaniel College in 2005 1/6 Summary Go to Paper 45 citations Cite Share Journal Article Katrina R. Miller 1, McCay Vernon 2, Michele E. Capella 3 \u2022 Institutions (3) 20 Sep 2005 - Journal of Deaf Studies and Deaf Education Go to Paper 27 citations Cite Share Journal Article Lauren Dundes 1, Roxanna Harlow 1 \u2022 Institutions (1) 31 Dec 2004 - Teaching Sociology Abstract: In the applications of thermoluminescence (TL) in dosimetry and archaeological and geological dating, a desirable dose dependence of intensity is a monotonically increasing function, preferably linear. It is well known that in many dosimetric materials, nonlinear dependence is observed. This may includ eas uperlineardependence at low doses and/or sublinear dose dependence at higher doses, where the intensity approaches saturation. In ...read more Save Violent offenders in a deaf prison population TL;DR: This study compares the incidence and types of violent offenses of a deaf prison population in comparison to the hearing prison population and finds the most significant ...read more Abstract: Previous research suggested an unexplained difference in the patterns of offending behaviors among deaf people when compared to hearing people. This study, conducted in Texas, compares the incidence and types of violent offenses of a deaf prison population in comparison to the hearing prison population. Sixty-four percent of deaf prisoners were incarcerated for violent offenses in comparison to 49% of the overall state prison offender ...read more Save Illustrating the Nature of Social Inequality with the Simulation Star Power TL;DR: In this paper, a simulation called Star Power provides an invaluable means to help students understand structural social inequality and to recognize the impact of their own family's social position that they tend to overlook in favor of personal effort and merit. Abstract simulation called Star Power provides an invaluable means to help students understand structural social inequality. This paper explains how Star Power achieves this goal and provides suggestions on how to inculcate the following points that are both central to sociology and difficult to adequately convey to students: 1) Students see how those in power maintain their position by structuring the system to their advantage; 2) they learn how the ...read more 2/17/25, 1:14 Top 8 papers published by McDaniel College in 2005 2/6 Go to Paper 26 citations Cite Share Journal Article Vasilis Pagonis 1 \u2022 Institutions (1) 06 Jul 2005 - Journal of Physics Summary Go to Paper 24 citations Cite Share Journal Article James A. Shepperd 1, Erika J. Koch 2 \u2022 Institutions (2) 31 Dec 2004 - Teaching of Psychology Go to Paper Save Evaluation of activation energies in the semi-localized transition model of thermoluminescence TL;DR: In this paper, a semi-localized transition (SLT) kinetic model was developed for thermoluminescence (TL) peaks calculated using the model in an effort to extract the two activation energy parameters of the model. Abstract: Recently a semi-localized transition (SLT) kinetic model was developed for thermoluminescence (TL), which is believed to be applicable to important dosimetric materials like LiF : Mg,Ti. This model contains characteristics of both a localized transition model and a single trap model and is characterized by two distinct activation energy levels. This paper describes the simulation of several standard methods of analysis for the peaks calculated ...read more Save Pitfalls in Teaching Judgment Heuristics. TL;DR: The authors examined how examples influence understanding of the representativeness heuristic and found that providing examples of heuristics leading only to poor judgments ...read more Abstract: Demonstrations of judgment heuristics typically focus on how heuristics can lead to poor judgments. However, exclusive focus on the negative consequences of heuristics can prove problematic. We illustrate the problem with the representativeness heuristic and present a study = 45) that examined how examples influence understanding of the representativeness heuristic. Students received a definition of the heuristic, a definition plus examples of the heuristic leading to poor judgment, or a definition plus examples of the heuristic leading to both good and poor judgments. The results suggest that providing examples of heuristics leading only to poor judgments undermined comprehension. 2/17/25, 1:14 Top 8 papers published by McDaniel College in 2005 3/6 6 citations Cite Share Journal Article Pavel Naumov 1 \u2022 Institutions (1) 30 Nov 2005 - Studia Logica Go to Paper 2 citations Cite Share Proceedings Article Shabbir M. Mian 1, Randall T. May 1, Christopher J. Todd 1, Natasha Borjemscaia 1 \u2022 Institutions (1) 15 Oct 2005 - Frontiers in Optics Go to Paper Cite Share Save On Modal Logics of Partial Recursive Functions TL;DR: In this article, the classical propositional logic is known to be sound and complete with respect to the set semantics that interprets connectives as set operations, and a new binary ...read more Abstract: The classical propositional logic is known to be sound and complete with respect to the set semantics that interprets connectives as set operations. The paper extends propositional language by a new binary modality that corresponds to partial recursive function type constructor under the above interpretation. The cases of deterministic and non-deterministic functions are considered and for both of them semantically complete modal logics are described and decidability of these logics is established. Save Pump-Probe Thermal Lensing Measurements of Binary Lead Silicate Glasses TL;DR: In this paper, thermal lensing measurements of several binary lead silicate glasses using a mode-mismatched pump-probe technique were presented, which correlates with a structural transition that occurs within the glass system as lead concentration increases. Abstract: We present thermal lensing measurements of several binary lead silicate glasses using a mode-mismatched pump-probe technique. The measured thermal diffusivity correlates with a structural transition that occurs within the glass system as lead concentration increases. Save 2/17/25, 1:14 Top 8 papers published by McDaniel College in 2005 4/6 Tools Chat with Literature Review Writer Find Topics Paraphraser Citation Generator Extract Data Detector Citation Booster Extensions SciSpace Chrome Extension SciSpace About Careers Resources Support Browse Papers Pricing SciSpace Affiliate Program Cancellation & Refund Policy Terms Privacy Data Sources 2/17/25, 1:14 Top 8 papers published by McDaniel College in 2005 5/6 Directories Papers Topics Journals Authors Conferences Institutions Citation Styles Writing templates Research Proposal Template Essay Writing Template Literature Review Template Abstract Writing Template Thesis Statement Template Contact support@typeset.io +1 (760) 284-7800 +91 9916292973 \u00a9 2025 | PubGenius Inc. | Suite # 217 691 Milpitas Blvd Milpitas 95035 2/17/25, 1:14 Top 8 papers published by McDaniel College in 2005 6/6", "7427_103.pdf": "fisherphillips.com About The Presenter: Scott Schneider \u2022 Heads Higher Education Practice Group \u2022 Award-winning faculty member at the Tulane University Schools of Law and Business where he teaches, among other things, Title and higher education law \u2022 Designs and delivers training programs on a host of education issues, including Title compliance obligations; legal issues in faculty hiring, promotion, and tenure revocation; and managing risk in student affairs. \u2022 Retained by the National Center for Campus Public Safety to serve as a faculty member for its Trauma-Informed Sexual Assault Investigation and Adjudication training program for campus officials. \u2022 Frequently requested and nationally recognized consultant, presenter, and trainer. \u2022 Email: sschneider@fisherphillips.com fisherphillips.com Fisher Phillips Title Services \u2022 On-campus training \u2022 Investigation and adjudication services \u2022 Policy/process review \u2022 Litigation defense \u2022 Expert witness services \u2022 Mediation fisherphillips.com fisherphillips.com Developments in Respondent Litigation fisherphillips.com Three Critical (Largely Unresolved) Legal Issues 1. Title IX: What must a respondent plead in terms of sex-based bias to state a viable Title \u201cerroneous outcome\u201d claim (i.e., \u201cgot it wrong\u201d and \u201cgot it wrong because of sex\u201d)? 2. For publics, what process is due students accused of sexual misconduct (and does that process conflict with 2011 DCL)? 3. For privates, how do we ensure that respondents are not treated \u201carbitrarily or capriciously\u201d? fisherphillips.com Sufficient Pleading of Sex Bias? \u2022 Leading recent Circuit Court of Appeals case is Doe v. Columbia Univ., 831 F.3d 46 (2d Cir. 2016) \u2022 Conclusory allegations of gender bias or those made \u201con information and belief\u201d \u2022 Public \u201cgender-biased statements\u201d from administrators or decision makers \u2022 Pressure exerted by Dear Colleague Letter \u2022 Pressure exerted by student groups \u2022 Substantial criticism of university \u2022 Pressure exerted by \u2022 Is pro-victim bias = anti-male bias fisherphillips.com Doe v. Univ. of Colo. (D. Colo. May 26, 2017) \u2022 Respondent expelled after responsibility finding in two separate assault claims \u2022 Primary Claims: Erroneous outcome in violation of Title and violations of his Constitutional Due Process rights \u2022 Excellent summary of state of erroneous outcome litigation \u2022 Court notes 2011 led to a \u201cwave of litigation\u201d brought by male university students who have been suspended or expelled fisherphillips.com Respondent\u2019s Pleaded Facts of Sex Bias 1. University \u201cemployed an all-female Title team to investigate the accusations against Plaintiff.\u201d 2. Investigator\u2019s \u201ccareer focus has been in the area of Women's Studies and victim advocacy, including the authorship of papers and presentations on sexual assault and how to support victims of sexual assault.\u201d 3. University was, at the time of the allegations against plaintiff, subject to a Department of Education investigation into the University's handling of sexual violence and sexual harassment complaints which purportedly created \u201cexternal pressure from the federal government [which] certainly motivated Defendants to handle the case against Plaintiff more aggressively, and to protect the reputation and financial well-being of [the University].\u201d 4. \u201cRespondents accused of sexual misconduct . . . are habitually male.\u201d Court concludes: \u201cConsidering all of this together, the Court finds no inference of gender bias that rises to the level of \u2018plausible.\u2019\u201d fisherphillips.com One Caveat Moment on Bias in Credibility Determinations \u2022 \u201cIn every case the Court has located, the accuser has been female and the accused has been male\u2014and these individuals were, not surprisingly, the only potential eyewitnesses to the alleged assault. Thus, enforcement officials often must make a credibility judgment as between a male and female, which doubles the possibility of gender- specific stereotypes influencing the investigation (e.g., \u2018a woman would never falsely accuse anyone of that,\u2019 \u2018men always behave opportunistically toward drunk girls\u2019). \u2022 \u201ccredibility determinations as between a male and a female may be the most likely circumstance in which gender bias, explicit or implicit, will have an effect.\u201d \u2022 Investigator\u2019s report \u201cthoroughly rebuts any inference Plaintiff intends to make in this regard\u201d but . . . fisherphillips.com Training Points on Credibility Determinations \u2022 Beware of the He said/She said trap \u2022 There are (almost) always competing narratives \u2022 Must thoughtfully assess credibility (7 Factors) when writing report \u2022 Over-reliance on demeanor fisherphillips.com fisherphillips.com fisherphillips.com Neal v. Colorado State University (D. Colo. 2017) 1. DOE/OCR's enforcement of the 2011 has become gender-skewed against men, or has become widely understood by schools as such 2. CSU-Pueblo was influenced by the pressure or coercion of DOE/OCR's enforcement, to slant the procedures against Plaintiff so as to demonstrate to that it would find accused men responsible for sexual misconduct and impose sanctions 3. Underlying facts that raise doubt of the accuracy of the outcome 4. CSU-Pueblo has \u201ccommunications evidencing Defendants' inclination to favor female students alleging sexual misconduct over male students who are accused\u201d 5. \u201call students that have been expelled from for sexual misconduct have been male\u201d 6. CSU-Pueblo always finds male respondents, particularly male athletes, responsible for sexual misconduct fisherphillips.com Neal v. Colorado State University (D. Colo. 2017) \u2022 Title Coordinator and investigator \u201cwas critical of the football team and its culture, stating the players \u2018have a problem\u2019 in reference to acts of sexual misconduct.\u201d \u2022 Title Coordinator allegedly said that he would be holding a meeting with the football team in the coming weeks to address this \u201cobvious problem\u201d (referring to sexual misconduct complaints). The Title Coordinator did not have similar meetings with women's teams. \u2022 At that meeting, a female counselor identified Plaintiff, by name, as an example to the entire football team about the difference between consensual and non-consensual contact. \u2022 The Title Coordinator also allegedly silenced football coach when he attempted to speak in Plaintiff's defense at the investigative meeting. \u2022 Plaintiff further alleges that Coordinator's prejudice against male athletes figured prominently in report, on which the hearing officer relied in finding against Plaintiff. fisherphillips.com Doe v. Notre Dame (N.D. Ind. May 2017) \u2022 Respondent: Notre Dame disciplinary decision was \u201carbitrary and capricious\u201d \u2022 Significant caveat: \u201cThe relief he seeks at the moment is narrow. He is not seeking the conferral of his degree at this time; he is not seeking to participate in the upcoming commencement ceremonies; and he is not seeking to set aside the other components of the discipline meted out by Notre Dame. Instead, John only seeks an order instructing Notre Dame to allow him to take the two final examinations that he needs to complete his coursework for the semester.\u201d fisherphillips.com \u201cMore than Negligible Chance of Prevailing On Contention That Hearing Was Arbitrary & Capricious\u201d 1. \u201cLack of meaningful notice . . . so as to be able to adequately prepare his defense\u201d . . . \u201cdisciplinary matter arose in the context of a long term relationship with literally hundreds of contacts between the parties. To focus his defense, John reasonably needed to know what contacts and conduct was being scrutinized for possible violation of which policies.\u201d 2. Inadequate investigation: \u201cJane's complaints were principally based on text communications between herself and John . . . The University's investigation might have been arbitrary and capricious for failing to obtain and review the entire context of the couple's texting history . . . Jane has now produced to the parties in this litigation a much greater volume of text communications between herself and John, and acknowledges that this production contains more texts than were \u2018produced in response to the processing of the Title matter by the University of Notre Dame\u2019 and that \u2018the University did not request the full extent of texts\u2019 between her and John.\u201d fisherphillips.com \u201cMore than Negligible Chance of Prevailing On Contention That Hearing Was Arbitrary & Capricious\u201d 3. Goose and Gander. \u201cUniversity's limits on hearing testimony\u2014particularly the application of its narrow witness standard\u2014might be found to be arbitrary or capricious in several respects . . . The Hearing Panel heard testimony from Jane and other witnesses about incidents in which John had angry outbursts in the past. But what did that have to do with the charges? . . .But what was sauce for the goose was not sauce for the gander because John was prohibited from offering prior acts of Jane\u2014 what the University deemed inadmissible \u2018character\u2019 evidence concerning her.\u201d 4. Fairness. \u201cThe significant \u2018data dump\u2019 of Jane's supplemental materials (up to several inches thick) the week of the Administrative Hearing could be found to have contributed to a capricious process. John had two-and-a- half days to review the materials, and could only do so in the office, without making copies. Such a process is not designed to facilitate a fair hearing for which John is fully prepared to respond against Jane's allegations and evidence.\u201d fisherphillips.com \u201cMore than Negligible Chance of Prevailing On Contention That Hearing Was Arbitrary & Capricious\u201d \u2022 \u201cSimilarly, the process can be criticized for its limitations on the examination of witnesses. That all questions must be proposed in writing and are asked of witnesses only at the discretion of the Hearing Panel does not permit a robust inquiry in support of a party's position. The stilted method does not allow for immediate follow-up questions based on a witness's answers, and stifles John's presentation of his defense to the allegations.\u201d \u2022 \u201cAt the Administrative Hearing, the accused student is essentially on his own. The actual presentation of the student's side of the case is left to the student himself, but with severe limitations . . . while he is permitted to have a lawyer or advisor present, those folks can't really do anything . . . They are only permitted to consult with the students during breaks, given at the Hearing Panel's discretion . . . When asked at the preliminary injunction hearing why an attorney is not allowed to participate in the hearing especially given what is at stake . . . the Director of the Office of Community Standards [testified] it's because he views this as an \u2018educational\u2019 process for the student, not a punitive one. This testimony is not credible. Being thrown out of school, not being permitted to graduate and forfeiting a semester's worth of tuition is \u2018punishment\u2019 in any reasonable sense of that term.\u201d fisherphillips.com Four Recurring Practical Issues 1. Extent of notice to Respondent (tension between due process and investigation tactics) 2. Real limits on our ability to get information and how that should influence result 3. \u201cThe inherent messiness of hearings\u201d 4. Providing ample opportunity to prepare versus obligation for prompt resolution (tension between thorough/fair and prompt) fisherphillips.com Naumov v. McDaniel College (D. Md. Mar. 2017) \u2022 Court: \u201cIt is possible for an institution or individual to seek to do the right thing, motivated by proper motives and, yet, do so in the wrong way. This may be such a case.\u201d \u2022 University became aware of a potential claim of harassment, hostile work environment and stalking from a departing professor and immediately initiated an investigation. Investigation targeted Plaintiff Dr. Pavel Naumov who alleged \u201cthe manner in which Defendants pursued the investigation, which led to his termination, violated their own Title Policy and, thus, breached an agreement between the parties.\u201d fisherphillips.com Two Claims: Title and Breach of Contract familiar allegation in a different context (erroneous outcome): \u201cPlaintiff argues that \u2018the College has created an environment in, and procedure by, which male faculty accused of sexual harassment are virtually assured of a finding of guilty/responsibility and/or the College is deliberately indifferent to such a culture on campus.\u2019\u201d \u2022 Significant concession regarding contract claim: \u201cDefendants concede that the Title Policy and Employee Handbook are binding contracts between McDaniel and its employees, including Plaintiff.\u201d fisherphillips.com Naumov v. McDaniel College (D. Md. Mar. 2017) \u2022 \u201cAlthough it was Dr. More who was allegedly harassed by Plaintiff, Dr. Stewart, the School Provost, filed the claim as the complainant. The significance of such an approach is that the Title Policy requires a complainant who is willing to be identified in order for the claim to proceed, and Dr. More had indicated that her family and friends had been discouraging her from participating in a claim and that she wished to remain an \u2018anonymous witness rather than a complainant.\u2019\u201d \u2022 \u201cThus, without substituting Dr. Stewart as the complainant, Defendants would not have been able to pursue the claim against Plaintiff.\u201d \u2022 \u201cAs it relates to Defendant's position that their Title Policy permitted them to substitute Dr. Stewart as the complainant for Dr. More, \u2018there is a bona fide ambiguity in the contract's language or legitimate doubt as to its application under the circumstances, thus, the Court will deny Defendant's Motion for Summary Judgment.\u201d \u2022 One important takeaway: revisiting (visiting) faculty policies fisherphillips.com Respondent Cases: Honorable Mention \u2022 Doe v. Miami University (S.D. Ohio March 2017) (respondent\u2019s\u2019 Title and due process claims dismissed) \u2022 Doe v. University of St. Thomas (D. Minn. Mar. 1, 2017) (Court dismissed these claims because Doe\u2019s allegations\u2014that a University official encouraged Doe to withdraw from and that UST\u2019s general counsel also served as the Title coordinator\u2014did not suggest disparate treatment based on sex. Similarly, his claims that treated his female accuser more favorably than it treated him did not demonstrate a bias against males in general). \u2022 Doe v. Amherst College (D. Mass. Feb. 28, 2017) (Court concluded that Plaintiff\u2019s allegations that his accuser was engaged in a student-led movement to compel the College to alter its handling of sexual misconduct complaints, that the College sought to appease this student-led movement, and that the College did not encourage him to file a complaint despite the fact that his intoxication level at the time of the incident made him a potential victim under the sexual misconduct policy, were sufficient to support erroneous outcome, selective enforcement, and deliberate indifference claims under Title IX). fisherphillips.com Some Takeaways 1. The wave will continue 2. Hopefully, appellate courts will start deciding cases and the case law lessons will become clearer 3. Internal training should incorporate state-specific case law lessons 4. Institutional decisions are subject to significant scrutiny \u2013 good practice in this area has investigations and reports subjected to internal scrutiny (someone needs to ask tough questions on front end) 5. Guiding Principles: Meaningful notice, fairness to both sides, thorough investigations, thoughtful credibility assessments, analysis that can withstand scrutiny and does not ignore inconvenient facts, impeccable documentation fisherphillips.com Issue: Student Goes Public With \u201cConfidential Investigation\u201d or Accuses Student of Lying or Being a Rapist . . . How to Handle? fisherphillips.com Nungesser v. Columbia University Mar. 2017) \u2022 Nungesser alleges that Columbia violated his rights under Title of the Education Amendments of 1972 (\"Title IX\") by permitting Sulkowicz, among other things, to carry out the Mattress Project and receive academic credit for it \u2022 Deliberate indifference? Was this harassment based on sex? \u2022 No harassment based on sex: \u201cThus, to the extent that Sulkowicz's activism was aimed at Nungesser, the specifically alleges that it was because of his conduct toward her (whether because of his rejection of her, as he alleges, or because of the rape that she maintained had occurred) and her resulting personal animus against him, not because of his status as a male.\u201d \u2022 \u201cTitle does not require educational institutions to prevent defamation or to otherwise force its students to accept without challenge the results of its disciplinary processes.\u201d \u2022 Nungesser may have claim against Sulkowicz \u2022 Unanswered Question: Can we \u201cprevent defamation\u201d or enforce confidentiality? fisherphillips.com Developments in Complainant Litigation fisherphillips.com fisherphillips.com Hernandez v. Baylor University, (W.D. Tex. April 2017) \u2022 Plaintiff was a former student at Baylor University who alleged she was sexually assaulted by a fellow student during her freshman year in 2013. \u2022 Brought suit against Baylor University, former Head Football Coach Art Briles, and former Athletic Director Ian McCaw. \u2022 Made complaint of assault and no action was taken. fisherphillips.com Statute of Limitations Argument \u2022 Quick legal point: no express statute of limitations in Title \u2013 look to state personal injury limitations period (two years in Texas). \u2022 Plaintiff makes two deliberate indifference claims: (1) Baylor knew of previous incidents of sex assault involving her alleged assailant and failed to take action causing her injury and (2) Baylor\u2019s failure to respond to her complaint. \u2022 Legal question: when did claim (1) and claim (2) accrue (i.e., when did the plaintiff become aware that she suffered an injury or had sufficient information to know that she had been injured) \u2022 Plaintiff argues that her claims under Title did not accrue until early 2016, when Pepper Hamilton report revealed Baylor's alleged role in her assault. \u2022 With respect to claim (1), Court concluded that Plaintiff \u201cfirst became aware of Baylor's deliberate indifference to a known issue of sexual misconduct within its football program in May of 2016,\u201d when the Pepper Hamilton report was released . . . Thus, while Plaintiff certainly knew of her injury\u2014the sexual assault\u2014in 2012, based on her allegations, she had no reason to know of Baylor's role in causing the assault until 2016.\u201d \u2022 Claim (2) is time barred. \u2022 Important legal takeaway: public disclosure of audit results may open school to liability in otherwise time barred claims fisherphillips.com One More Quick Practical Point \u2022 Court allowed negligence claims to proceed against coach and AD. \u2022 What is coach or on notice supposed to do (in legal terms, what is reasonable)? \u2022 Training point COORDINATOR! fisherphillips.com Jane Doe v. Northern Kentucky Univ. (E.D. Ky. April 2016) \u2022 Before court on motion for summary judgment \u2022 Claim: Plaintiff Jane Doe filed suit against alleging that violated Title by responding with deliberate indifference to her claims of sexual assault by another student. \u2022 Specifically, Doe was raped by Student in September 2013; she reported the rape to around May 1, 2014; a hearing panel found 3-0 that plaintiff was a victim of \u201cnon-consensual sex by force\u201d; and imposed certain sanctions on Student as a result. \u2022 Court: \u201cIt is the adequacy of NKU's response that is the pivotal question in this case.\u201d fisherphillips.com Deliberate Indifference 1 advised Plaintiff not to pursue a criminal complaint. 2. Student showed up in the same cafeteria where Plaintiff was eating. When she called the police, it was revealed that they had never been advised concerning Student M's sanctions or provided with a picture of him. 3. Plaintiff received a Snapchat notice from Student M. 4. Student was working in a recreation center which Plaintiff frequented. 5. Student was permitted to work in a program helping students move into dorms where he was encountered by Plaintiff. 6. The chief of the University police circulated an email stating that Plaintiff was \"slandering\" Student M. 7. In his deposition, the chief of the campus police testified that declined to adopt measures to assure a \"safe campus.\u201c 8. The chief further testified that the University refused to implement his suggestion that ingress to the dorms be monitored by an attendant. \u2022 Similar decision just issued in Doe v. University of North Texas (E.D. Tex. June 2017) \u2022 See also, Leader v. Harvard (D. Mass. March 2017) (denying university\u2019s motion to dismiss in deliberate indifference claim) fisherphillips.com fisherphillips.com Yeasin v. University of Kansas (2015) \u2022 Yeasin posted a series of sexually harassing tweets on his Twitter account direct at female student. Yeasin was expelled, sued. \u2022 None of this conduct occurred on campus or at a University sponsored or supervised event. \u2022 Court: \u201cThe Student Code, the rules by which the University can impose discipline upon its students, deals only with conduct on campus or at University sponsored or supervised events. We therefore hold that the University had no authority to expel Yeasin.\u201d fisherphillips.com Farmer v. Kansas State University (D. Kan. 2017) \u2022 Plaintiff Tessa Farmer brings action against Defendant Kansas State University alleging that failed to adequately respond after Plaintiff, a student, reported she was sexually assaulted at a fraternity. \u2022 \u201cThe current Policy Prohibiting Discrimination, Harassment and Sexual Violence, K-State's Sexual Misconduct policy, specifies that it covers behaviors that happen[] on campus and at university sponsored events; which does not cover Fraternity Houses.\u201d \u2022 Title is triggered only when harassment occurs within an \u201ceducation program or activity\u201d of the funding recipient. The term \u201cprogram or activity\u201d includes \"all of the operations of . . . a college, university, or other postsecondary institution, or a public system of higher education.\u201c According to regulations, \u201cprogram or activity\u201d also includes \u201cany academic, extracurricular, research, [or] occupational training.\u201d fisherphillips.com Nerdy Aside \u201cPlaintiff and the United States also refer to Dear Colleague Letters and \u2018Questions and Answers\u2019 documents issued by the OCR, which bear on the scope of Title liability and purport to interpret how Title applies to fraternities and sororities responds that these documents do not carry the force of law and are not entitled to Chevron deference in part because they were not promulgated pursuant to notice-and-comment rulemaking. The Court agrees and therefore does not consider the Dear Colleague Letters and \u2018Questions and Answers\u2019 documents in determining whether Plaintiff has alleged a plausible Title claim.\u201d fisherphillips.com fisherphillips.com Trump Department of Education \u2022 On White House directive on transgender students\u2019 rights: it is \u201cat once illegal, dangerous, and ignores privacy issues.\u201d \u2022 Obama administration\u2019s crackdown on campus sexual assaults has distorted Title \u201cto micromanage the way colleges and universities deal with allegations of abuse,\u201d the platform says. Republicans said that sexual assault reports should be resolved only by law enforcement, rather than by university officials. fisherphillips.com Courts Are Weighing in . . . \u2022 Texas v. U.S. (N.D. Tex. 2016): Title does not protect transgender students \u2022 Gloucester v (4th Cir. 2016): Yes, it does, but rescinded \u2022 Whitaker v. Kenosha School District (7th Cir. 2017): Yes, it does. fisherphillips.com fisherphillips.com fisherphillips.com Responsible Employees \u2022 2001 Guidance: \u201cauthority to take action to redress sexual violence\u201d or anyone who a student could \u201creasonably believe\u201d has such authority \u2022 Oregon: Faculty members will neither be mandatory reporters nor fully exempt from reporting, but will have the ability to use discretion to decide the reporting question. \u2022 ew-reporting-responsibilities-policy- take-effect-sept-15 fisherphillips.com Significant Title Settlement \u2022 The University of Iowa will reportedly pay $6.5 million to avoid further litigation in the discrimination lawsuits filed by former associate athletic director Jane Meyer and former field hockey coach Tracey Griesbaum. \u2022 Griesbaum's lawsuit alleged that she was wrongfully terminated and that the athletic director had a pattern of firing female coaches. \u2022 Meyer, Griesbaum's partner, successfully convinced a jury that she was fired in retaliation for complaining about that and other examples of sex discrimination within the department. fisherphillips.com Moment on Gender Equity fisherphillips.com Upcoming Speaking Schedule Trauma-Informed Sexual Assault Investigation and Adjudication Institute, Washington, D.C., June 12 \u2013 16 \u2022 Association of College and University Housing Officers \u2013 International (Everything You Need to Know About Legal Issues in Housing and Residence Life), Providence, Rhode Island, June 18 \u2022 Independent Colleges and Universities of Florida (Higher Education Compliance Bootcamp: Title and Beyond), Tampa, Florida, June 20 \u2013 21 Annual Conference (Clery for Lawyers New to Higher Education), Chicago, Illinois, June 25 fisherphillips.com \u2022 EMAIL: sschneider@fisherphillips.com \u2022 BLOG: HigherEdLawyer.net \u2022 TWITTER:@EdLawDude"} |
8,504 | Hugh Freeze | University of Mississippi | [
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] | {"8504_101.pdf": "More local news for Birmingham, Huntsville and Mobile \u2013 Start Today for $1 Hugh Freeze stories emerge from former female students at Briarcrest Christian Published: Jul. 31, 2017, 11:17 a.m. By Mark Heim | mheim@al.com More than a week after former Ole Miss coach Hugh Freeze abruptly resigned for a \"pattern of personal misconduct,\" former students at storied Briarcrest Christian have spoken out Today reports three women who attended the Memphis high school - where Freeze was a coach and depicted in the movie \"The Blind Side\" - shared stories of inappropriate behavior. Katie Dalmasso, 27, told a story of wearing a Grateful Dead T-shirt, which violated the dress code. She said Freeze made her remove the shirt in his presence. \"Coach Freeze pulled me in his office and told me that my shirt represented drugs,'' Dalmasso told Today said, 'I'll go change in the bathroom,' and when said that he said, 'No, you're going to change in here so get the (Grateful Dead) shirt and you can't have it back.' \"He didn't do anything sexual. But stood in the corner and faced the wall when did it and changed out of my shirt. No privacy second woman, who spoke on condition of anonymity, told the newspaper Freeze was \"hyper attentive'' to the length of her skirts. She said he stayed in the parking lot while she went to her car to change. Subscribe She went on to say when she and football players were disciplined the football players had the option of being paddled as opposed to detention. She decided to take that option as well, but was \"shocked\" when he administered the paddling and not a female teacher. \"(Freeze) did some bizarre warm-up taunt before actually making contact,'' the woman told was humiliated that he didn't have a female in the room White House fires inspector general after warning about funding oversight, officials say Feb. 11, 2025, 9:32 p.m. Trump\u2019s job reduction order could hit most at this major Huntsville employer Feb. 12, 2025, 3:37 p.m don't know if the acts were intentionally sexual or if he was really that oblivious to the inherently sexual nature of his approach to discipline.'' Both Freeze - through his attorney - and Briarcrest Christian both released statements Sunday adamantly denying the accusations. Check out the full report at Today. If you purchase a product or register for an account through a link on our site, we may receive compensation. By using this site, you consent to our User Agreement and agree that your clicks, interactions, and personal information may be collected, recorded, and/or stored by us and social media and other third-party partners in accordance with our Privacy Policy. 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All rights reserved (About Us). The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. Community Rules apply to all content you upload or otherwise submit to this site. YouTube's privacy policy is available here and YouTube's terms of service is available here. Ad Choices", "8504_102.pdf": "Who is Hugh Freeze? Conflicting views of former Ole Miss coach emerge Published 4:22 p.m July 29, 2017 Updated 2:33 p.m July 31, 2017 Josh Peter Correction: Katie Dalmasso's age was misstated in an earlier version of this story. She is 32. OXFORD, Miss. \u2014 Hugh Freeze stood outside his house near a muscular dog earlier this week when a reporter approached. \u201cYou better watch this dog,\u2019\u2019 Freeze said, and a moment later he added can control him.\u2019\u2019 But less than two weeks after he abruptly resigned as head football coach at the University of Mississippi, the narrative of the once-charmed coach has spun beyond control. Freeze, 47, was the devout Christian who beat Nick Saban and Alabama two years in a row, built a team that climbed to No. 3 in the polls and, at least in the eyes of the Ole Miss faithful, could do little wrong husband and father of three daughters, he often tweeted Bible verses or religious words of inspiration. RELATED: Michael Oher backs Hugh Freeze following Ole Miss scandal Hugh Freeze is gone, but question remains: What did Ole Miss know, when did it know it? Hugh Freeze said a bunch of things about 'sin nature' the week before he resigned Another side has emerged, though. Before he resigned on July 20, Freeze was under scrutiny for alleged recruiting violations. Ole Miss has self-imposed several penalties, including a postseason ban, and an investigation continues. Hugh Freeze Add Topic 2/17/25, 1:15 Who is Hugh Freeze? Conflicting views of former Ole Miss coach emerge 1/5 His downfall was ultimately the result of what Ole Miss officials called a \"pattern of personal misconduct,\" and the revelation that a phone call from Freeze's university-issued cell phone had been made to a number associated with a female escort. Since resigning, several former students have taken to social media to speak out against \u2014 and support \u2014 Freeze. Three women who were students at Briarcrest Christian School in Memphis in the late 1990s and early 2000s described to Sports how Freeze made them feel uncomfortable with inappropriate behavior. All of it has led to a difficult question: Who is Hugh Freeze? \u201cThe rumor mill is on fire,\u2019\u2019 said James Allison, who played high school football for Freeze more than a decade ago at Briarcrest. \u201cI\u2019m obviously rooting for him to come out of all of this clean, but I\u2019m also rooting for the truth.\u2019\u2019 'John Wayne is the best comparison' Freeze\u2019s rise to Ole Miss was storybook stuff. Never played a down of college football. Coached high school girls basketball at Briarcrest for more than a decade, compiling a record of 305-63 and winning four high school state championships. Won two more state championships as head coach of the football team. Was depicted in \u201cThe Blind Side,\u2019\u2019 a movie for which Sandra Bullock won an Academy Award and was inspired by the life of Michael Oher, who played for Freeze at Briarcrest. But, it turns out, Freeze was developing a reputation as something more than an offensive genius whose teams lit up the scoreboard whether they were on the football field or in the gym. He was known for strictly enforcing rules such as the Christian school\u2019s dress code. \u201cJohn Wayne is the best comparison can make in that it\u2019s not a guy you want to go up against,\u2019\u2019 Allison, a captain on Freeze\u2019s 2004 football team at Briarcrest, told Sports. \u201cSo can understand why people would be scared and afraid of him and, if something were to happen, why they might not feel completely comfortable going forward with that want (any victims) to come forward.\u2019\u2019 2/17/25, 1:15 Who is Hugh Freeze? Conflicting views of former Ole Miss coach emerge 2/5 Katie Dalmasso, 32, said she was an eighth grader at Briarcrest in 1999 when Freeze made her change shirts inside his office after he said her Grateful Dead T-shirt violated school dress code. \u201cCoach Freeze pulled me in his office and told me that my shirt represented drugs,\u2019\u2019 Dalmasso said said, \u2018I\u2019ll go change in the bathroom,\u2019 and when said that he said, \u2018No, you\u2019re going to change in here so get the (Grateful Dead) shirt and you can\u2019t have it back.\u2019 \u201cHe didn\u2019t do anything sexual. But stood in the corner and faced the wall when did it and changed out of my shirt. No privacy.\u2019\u2019 Another former Briarcrest student said Freeze was \u201chyper attentive\u2019\u2019 to the length of her skirts and that he loomed in the parking lot after she would go to her car to change clothes. She also said she was troubled by the time she and some football players faced discipline for arriving late from lunch, when she asked to be paddled \u2014 a form of discipline reserved for the male students \u2014 instead of receiving detention. She said she was stunned when Freeze obliged rather than getting a female teacher. \u201c(Freeze) did some bizarre warm-up taunt before actually making contact,\u2019\u2019 said the woman, who spoke to Sports on the condition of anonymity because she said she fears reprisal was humiliated that he didn't have a female in the room don't know if the acts were intentionally sexual or if he was really that oblivious to the inherently sexual nature of his approach to discipline third woman who attended Briarcrest said she created a closed Facebook page last week to offer a safe place to discuss Freeze after some former Briarcrest students received threats for criticizing the coach and making allegations about him online. The woman, who spoke on the condition of anonymity because she fears reprisal, said she found Freeze\u2019s method of discipline \u201cshocking.\u2019\u2019 Freeze said in a statement issued to Sports through his attorney Saturday: \"These accusations are totally false can unequivocally say that during my time at Briarcrest Christian School handled disciplinary issues professionally and in accordance with the school's policy am very confident that the members of the administration who worked hand in hand with me during my tenure will verify that.\" 2/17/25, 1:15 Who is Hugh Freeze? Conflicting views of former Ole Miss coach emerge 3/5 Briarcrest, which also released a statement Saturday, said current and former administration officials with whom the school has been in contact were unaware of any claims of misconduct by Freeze. \"Briarcrest would take any such allegations very seriously and would investigate fully,\" the statement read. After reading his former coach's statement, Allison said believe him and support him 100%.\" 'He's human' Images of Freeze in Haiti alongside his Ole Miss players and helping disadvantaged children contrast sharply with the depiction of a harsh and inappropriate disciplinarian. He started his own non-profit organization, too. Its first full year in 2015, the Freeze Foundation provided $25,000 in funding to a Christian ministry in Florida and another $100,000 to an organization that supported missionaries in Africa, according to its tax form. \u201cCoach Freeze, the man that know, is just completely genuine and has a pure heart of gold for our mission, which is helping orphans and needy children,\u201d Alice Blackmon, the charity\u2019s executive director, told Sports. \u201cSo that\u2019s where he is. He\u2019s that same person today, regardless of what happened.\u201d The Freeze family, known for their charitable work, have become guardians for a local girl from Oxford, said attorney W.G. Watkins, who represents Freeze. But Watkins declined to provide more information about the guardianship, saying it was a private matter. During a brief interview with Sports last week, Freeze said he had the support of his family. \u201cOh gosh, yes,\u2019\u2019 Freeze said, also adding, \u201cGod is good, even in difficult times.\u2019\u2019 Freeze has relied on his religion in difficult times and in the best of times, which has made his tumble even more confusing for some around Oxford. \"People don\u2019t know what to believe about a person anymore,\" said Kyle Cole, a campus minister at Ole Miss and a senior staff member with Campus Crusade for Christ 2/17/25, 1:15 Who is Hugh Freeze? Conflicting views of former Ole Miss coach emerge 4/5 International. \"I\u2019ve been doing campus ministry for 12 years. I\u2019ve seen men fall in a lot of different ways. \u201cThey keep asking me what think about Coach Freeze. Honestly, I\u2019m not prepared to answer that yet.\u201d Freeze\u2019s phone records, being sought by news media outlets and an attorney representing former Ole Miss coach Houston Nutt, aren\u2019t the only thing casting suspicion about what really happened at Ole Miss. Freeze and Ole Miss also are facing sanctions for 21 alleged rules infractions, most of which involved impermissible benefits for recruits. But Mack Brown, the former coach at Texas, said it would be unfair to discredit what Freeze accomplished in inheriting a program coming off a 2-10 season and, with only one year of experience as a Division head coach, signing top-rated recruiting classes and leading the Rebels to four consecutive bowl appearances won\u2019t go into the (NCAA) violations,\u2019\u2019 Brown told Sports. \u201cIt will be settled over time. But you still have to do a good job with your program, of presenting it. And thought they did a great job of presenting the positive things about Oxford, Mississippi. \u201cMy last two or three years (at Texas was talking to kids in Houston and Dallas that were going to visit Ole Miss, and that had never happened before. They had good players, but they had to know what they were doing and do a good job of coaching or you don\u2019t beat Alabama twice.\u2019\u2019 After those victories over Saban, there were few places in Oxford as crowded as Funkys Pizza & Daiquiri Bar. The has alleged the bar owner, Lee Harris, provided between $200 and $600 worth of free food and drinks to Ole Miss players. Harris declined to comment. But one of his bartenders recalled how Freeze dropped in from time to time. The bartender identified himself as Brett, and he identified Freeze as more than a coach, a Christian or a cheat. \u201cHe\u2019s human,\u2019\u2019 the bartender said. Contributing: Antonio Morales and Billy Watkins in Oxford, Brent Schrotenboer and Dan Wolken 2/17/25, 1:15 Who is Hugh Freeze? Conflicting views of former Ole Miss coach emerge 5/5", "8504_103.pdf": "Alleged Victim Of Sexual Assault Warns Auburn About Hiring Hugh Freeze Grayson Weir Published November 26, 2022 6:27 | Updated November 26, 2022 6:27 As Auburn continues to search for its next head football coach, Hugh Freeze is expected to be the school's top target after Lane Kiffin declined the Tigers' offer. Before the West university moves forward with Freeze, an alleged victim of sexual assault at Liberty is asking it to consider her concerns. Chelsea Andrews sent the following email to Auburn University administrators Home Alleged Victim Of Sexual As\u2026 Why Speak At Chicago University | OutKick The Sh\u2026 2/17/25, 1:16 Alleged Victim Of Sexual Assault Warns Auburn About Hiring Hugh Freeze | OutKick 1/5 The email comes in direct response to her claims that Freeze sent her unsolicited messages on Twitter. It also corresponds with an ongoing investigation into Liberty University, Freeze's current employer. Hugh Freeze has a questionable history. Freeze, 53, resigned from his job as the head football coach at the University of Mississippi in July of 2017. His resignation came after an investigation by chancellor Jeff Vitter and athletic director Ross Bjork. It surrounded a \u2018concerning pattern\u2019 of calls to a phone number associated with a female escort service. Hugh Freeze was hired as the head football coach at Liberty University on December 7, 2018, 17 months later. The hiring process was led by athletic director Ian McCaw. Before taking over as at Liberty in November of 2016, McCaw held the same role at Baylor. After three years with the Baptist Christian research university in Waco, he resigned from his post in May of 2016 in wake of a sexual assault scandal. The scandal surrounded multiple allegations of, and convictions for sexual and non- sexual assaults that were committed by Baylor students. Many of the students were on the football team. 2/17/25, 1:16 Alleged Victim Of Sexual Assault Warns Auburn About Hiring Hugh Freeze | OutKick 2/5 Baylor commissioned law firm Pepper Hamilton to conduct an independent, external investigation regarding the school's handling of sexual violence. It found that Baylor University officials failed to take action on the alleged rape and assaults. Head football coach Art Briles was ousted as result of the investigation. Baylor president Ken Starr was demoted and eventually resigned. McCaw later resigned as well. Ian McCaw became the athletic director at Liberty University on November 28, 2016. Two years into McCaw's tenure, he hired Hugh Freeze to take over the football program. While at Liberty, as was the case during his time at Ole Miss, Freeze often responds, replies, or reaches out to people via direct message on Twitter message that Andrews claims she received from Hugh Freeze back in July is peculiar. Liberty University is currently under federal investigation by the Department of Education for sexual assault coverups. It stems from a significant lawsuit against the school that accused officials of mishandling allegations of sexual assault and claimed that the religious university's strict policies made sexual assault and rape more likely. Andrews, originally known as 'Jane Doe 7' in the lawsuit, has been very vocal about her alleged experience with sexual assault at Liberty. She is not alone. Andrews also spoke out in an interview with Inside Edition last November. 2/17/25, 1:16 Alleged Victim Of Sexual Assault Warns Auburn About Hiring Hugh Freeze | OutKick 3/5 As one of the women who have gone on record about her allegations against Liberty, Andrews is at the forefront of the conversation. That led to what she claims was multiple messages from Hugh Freeze on Twitter. In one message that Andrews shared online in July, Freeze appeared to call McCaw \u201cthe most Jesus like leader\u2026\u201d Andrews did not share other messages from Freeze, but claims that there have been more than one. Each time that Freeze reached out, she says, the message was unsolicited. Now, almost five months later, Auburn is targeting Hugh Freeze as its next head football coach. As the university continues with the hiring process, Andrews would like Auburn officials to consider Freeze's history and current ongoings at Liberty. \"Reminder for Auburn Football, Auburn University and athletic director John Cohen,\" she wrote on Twitter. \"Liberty University is currently being investigated by the Department of Education\u2019s Clery Group for sexual assault coverups. There\u2019s literally a federal investigation going on. That\u2019s where you want to hire a coach from..?\" \u2018Jane Does\u2019 in University Sexual Assault Case Break Silence \u2018Jane Does\u2019 in University Sexual Assault Case Break Silence 2/17/25, 1:16 Alleged Victim Of Sexual Assault Warns Auburn About Hiring Hugh Freeze | OutKick 4/5 Andrews also emailed Cohen, President Jay Gogue, Executive Associate Athletic Director/Senior Woman Administrator Djenane Paul and Chief Operating Officer Marcy Girton. In the email, she reminded them of the investigation and shared her concerns as a \"victimized alumna\" of Liberty University Written by Grayson Weir Grayson doesn't drink coffee. He wakes up Jacked Updated Terms of Use Updated Privacy Policy Your Privacy Choices Help About Us Press Sitemap DISCLAIMER: This site is 100% for entertainment purposes only and does not involve real money betting. Gambling related content is not intended for anyone under the age of 21. If you or someone you know has a gambling problem and wants help, call 1-800-GAMBLER. 2/17/25, 1:16 Alleged Victim Of Sexual Assault Warns Auburn About Hiring Hugh Freeze | OutKick 5/5", "8504_104.pdf": "Auburn\u2019s Hiring of Hugh Freeze Brings Coach\u2019s Past Red Flags Back Into the Spotlight In the days since reports of Auburn\u2019s hiring of Hugh Freeze began to surface, there has been pushback on social media and in the email inboxes of Auburn brass. In the past few days since reports of Auburn\u2019s hiring of Hugh Freeze began to surface, the football coach\u2019s past transgressions have returned to the forefront, from violations under his watch at Ole Miss to his social media use. The overall reaction was part of the pushback to Freeze\u2019s hire on social media and in the email inboxes of athletic director John Cohen, school president Chris Roberts and other Auburn board of trustees members. Fans expressed dismay about Freeze\u2019s candidacy on multiple fronts. Some reacted to Freeze\u2019s responses to tweets posted by a student who sued Liberty, Freeze\u2019s previous employer, for its inaction regarding sexual assault allegations before Freeze got there. Other fans were disturbed by additional scandals that have followed Freeze in the past. Richard Johnson | Nov 30, 2022 In this story: Auburn Tigers Ole Miss Rebels Liberty Flames 2/17/25, 1:16 Auburn brings in Hugh Freeze, but the hiring comes with baggage - Sports Illustrated 1/6 Incidents go back to the late 1990s, when three women who were students at Briarcrest Christian School in Memphis told Today in 2017 that Freeze made them feel uncomfortable with inappropriate behavior. That year, the coach was forced to resign from Mississippi after an internal investigation found \u201ca concerning pattern\u201d of calls to escort services on his school- issued cellphone. When the program was under investigation for violations, Freeze and others at the school tried to spin the situation to recruits and media as primarily an issue involving other sports or his predecessor, Houston Nutt. When the lengthy notice of allegations came out, that turned out to be false: The violations yielded a two-year postseason ban and major recruiting restrictions. Freeze was asked about the response to his hiring at an introductory press conference Tuesday, when Cohen was not made available for questions and gave only a short prepared statement introducing Freeze really don\u2019t know the magnitude of the backlash because, believe it or not just hadn\u2019t been on any social media in the last three or four weeks,\u201d Freeze said have an account, but somebody else has been running it, so really don\u2019t know.\u201d 2/17/25, 1:16 Auburn brings in Hugh Freeze, but the hiring comes with baggage - Sports Illustrated 2/6 Freeze returns to the after coaching Ole Miss from 2012-\u201917 :: Troy Taormina Sports This past weekend, however, when reports around Auburn hiring Freeze increased, a tweet from a former Liberty University student put Freeze\u2019s Twitter use into the spotlight. Chelsea Andrews, one of the 22 students who sued Liberty in 2021 for its inaction regarding sexual assault allegations, has been vocal on Twitter both while the lawsuit was pending and after it was settled in May. One of the arguments from Andrews and the complainants was that the private school\u2019s institutional policies created a culture that perpetuated sexual violence, which had a chilling effect on the women who reported it. In screenshots shown to Sports Illustrated, Freeze direct-messaged Andrews three times while he coached at Liberty\u2014twice while the lawsuit was active, and another after it was settled. Each message came shortly after she either tweeted directly at the coach or mentioned him by name without tagging him. Andrews says she told her lawyer at the time and was advised not to answer the messages. She also decided to stop tagging Freeze in tweets. 2/17/25, 1:16 Auburn brings in Hugh Freeze, but the hiring comes with baggage - Sports Illustrated 3/6 \u201cIt felt, at the time, intimidating,\u201d Andrews says. \u201cWhy is he doing this? Leave me alone. You don\u2019t get to intimidate me out of the experience that know.\u201d According to sources close to the Auburn coaching search, Freeze agreed to relinquish control of his social media accounts. When specifically asked about this at Tuesday\u2019s press conference, Freeze said, \u201cThat\u2019s not accurate. How could you in this day and age? There may be wisdom in that, though.\u201d When asked later Tuesday to clarify his comments regarding who has access to his social media, Freeze said in a statement to have to focus on a lot more important things at Auburn than social media. Like most coaches welcome the extra help from our [support staff] team, to work alongside me, to build this great program. Plus, I\u2019m not great at making graphics also asked for a response around Freeze\u2019s direct messages to Andrews. An Auburn spokesperson denied SI\u2019s requests, only to point to a comment the coach gave to late Tuesday learned from this situation that should totally understand other people\u2019s circumstances first before communicating or commenting on someone\u2019s situation. It was an inadvertent misstep with no ill intent, and am sorry.\u201d The majority of college head coaches use Twitter, via public accounts or private \u201cburner handles,\u201d to monitor news, what people say about them, and players and recruits. It is also customary for schools\u2019 in-house social media departments to have access to a coach\u2019s accounts to tweet recruiting graphics or hashtags when a player commits. In the past, Freeze has been known to heavily use Twitter to send messages, whether in dealings with fans, detractors or reporters. 2/17/25, 1:16 Auburn brings in Hugh Freeze, but the hiring comes with baggage - Sports Illustrated 4/6 \u201cThis was the office joke,\u201d a former Freeze staffer says. \u201cWe all knew that he did this. We would always joke about anytime he was on his phone, he was probably on his Twitter, name searching. This is not some secret in the college football world. This is what he does.\u201d As is the case when most coaches are initially hired, Freeze does not have a full signed contract, but rather a memorandum of understanding (MOU), a document that allows him to work on behalf of the university without a full contract. When that full contract is signed, it could include guardrails around various actions, including social media use, in order to protect the university. Such clauses are not rare. Coach Mark Stoops\u2019s original contract with Kentucky allows for termination with cause for \u201cacts of misconduct including, but not limited to, conviction of a felony,\u201d in addition to violation of university policies or bylaws. Eli Drinkwitz\u2019s deal at Missouri says he cannot \u201c\u2026 make statements to the media or in any public forum that is clearly contrary to public convention and morals, or commit any act that may foreseeably bring Coach or the university into public contempt, scorn or ridicule, or that seriously offends public morals or decency as a result of such conduct or act.\u201d While it may seem overprotective for a football coach to have to agree to a clause that stipulates social media use, Freeze will be one of the highest-paid public employees in the state of Alabama (his salary is over $6.5 million) and arguably Auburn University\u2019s highest-profile front-facing ambassador. Reporting from Sports Illustrated\u2019s Pat Forde and Ross Dellenger was used in this story. More College Football Coverage: 2/17/25, 1:16 Auburn brings in Hugh Freeze, but the hiring comes with baggage - Sports Illustrated 5/6 Johnson: Latest Bowl Projections For All 41 Games College Football Rankings: What USC\u2019s New Spot Means For Field Forde: So Auburn Hired Hugh Freeze \u2026 What Could Go Wrong? Published Nov 30, 2022 Richard Johnson is known for his college sports expertise. He co-hosts the \u201cSplit Zone Duo\u201d podcast and co-authored The Sinful Seven: Sci-fi Western\u2026 Follow RJ_cfb Home / College Privacy Policy Cookie Policy Takedown Policy Terms and Conditions Accessibility Statement Sitemap Index Cookie Preferences \u00a9 2025 LLC. - All Rights Reserved. The content on this site is for entertainment and educational purposes only. Betting and gambling content is intended for individuals 21+ and is based on individual commentators' opinions and not that of Sports Illustrated or its affiliates, licensees and related brands. All picks and predictions are suggestions only and not a guarantee of success or profit. If you or someone you know has a gambling problem, crisis counseling and referral services can be accessed by calling 1-800-GAMBLER. 2/17/25, 1:16 Auburn brings in Hugh Freeze, but the hiring comes with baggage - Sports Illustrated 6/6", "8504_105.pdf": "Is Hugh Freeze right for Auburn? The expectations and concerns with the hire 2y How Texas Tech built a portal class so good Notre Dame tried to poach the 6d - Max Olson Nebraska play-by-play voice Sharpe dies at 61 2d Ex-Irish Golden named Broyles Award winner 2d Former football players sue over 'Last Chance U' 3d Source: Notre Dame hiring Lions' Martin as 3d Sources: Ex coach Patricia to be OSU's 5d - Pete Thamel LSU, Kelly land in-state four-star Martinez 3d - Eli Lederman football player found dead in apartment 5d Ex-Buckeyes coach Tressel now Ohio lt. governor 4d Sanders or Ward? Hunter or Carter execs, scouts on the top of the draft class 3d Nation The Arch Manning takeover, Carson Beck in Miami: Everything we're excited for in 2025 4d l All i t Wh Nov 29, 2022, 09:30 Share Auburn athletic director John Cohen will sign the contract for new football coach Hugh Freeze with both eyes open. If anyone knows the upside and the risk involved in hiring the former Ole Miss coach, it's the former Mississippi State athletic director. They didn't just share a state for five years Hugh Freeze to Auburn: Why it happened and what comes next 2/17/25, 1:16 Hugh Freeze to Auburn -- Why it happened and what comes next 1/5 they shared a conference. Cohen would have attended AD-level meetings and heard all about why Freeze left Oxford under a dark cloud in the summer of 2017. (At Tuesday's introductory press conference, Cohen expressed confidence in both Freeze and the thoroughness of Auburn's vetting procedures but declined to take any questions that would have shed more light on that process.) Freeze was once the toast of Ole Miss. He tore it up on the recruiting trail and had a high- flying offense that pushed the tempo and took shots downfield. He brought the Rebels to their first Sugar Bowl in 45 years. He beat Alabama and Nick Saban twice. But the fall from grace was swift and scandalous. There were recruiting violations, which led to a bowl ban and scholarship reductions, and there were phone calls to an escort service, which ultimately led to Freeze resigning. Had he not resigned, his former athletic director said, he would have fired him. (After Freeze left Ole Miss Today published a story in which three women, who were students at Briarcrest Christian when Freeze was a high school football coach in the late 1990s and early 2000s, said Freeze made them uncomfortable with inappropriate behavior How a phone call to an escort service led to Hugh Freeze's downfall 8y \u2022 Mark Schlabach Freeze didn't coach in 2017 or 2018. And because of the scandals, when he did return, it was at Liberty. In Lynchburg, Virginia, he started over. And with every win and bowl appearance, it felt like he was inching closer to a return to big-time college football. In four seasons at Liberty, Freeze went 34-15. But this past summer, a former Liberty student who sued the university for allegedly mishandling sexual assault cases accused Freeze of sending her direct messages on Twitter in reaction to her comments. In one message, Freeze allegedly said Liberty athletic director Ian McCaw -- who resigned as Baylor in the wake of a campus-wide sexual assault investigation -- was a \"Jesus-like leader.\" Meanwhile, Auburn was floundering. It had gone outside the box by hiring former Boise State coach Bryan Harsin in Dec. 2020 but a 6-7 first season ended with an internal Terms of Use Privacy Policy Interest-Based Ads Enterprises, Inc. All rights reserved. 2/17/25, 1:16 Hugh Freeze to Auburn -- Why it happened and what comes next 2/5 investigation into Harsin's handling of the program. Then, after going 3-5 to start this season, Harsin was fired. Desperate for a proven winner in the -- and someone who might be able to beat archrival Alabama -- Cohen eventually zeroed in on Freeze. Why did Auburn hire Freeze? Andrea Adelson: Because it could not get Lane Kiffin? This sure does feel like a reach. Freeze's past, quite frankly, should be disqualifying from him ever landing another Power 5 job. Especially when Auburn had a highly qualified candidate standing on its sideline -- beloved alum Cadillac Williams, who did an incredible job as interim coach after Harsin was fired. He drew widespread praise for not only the way he handled the situation but for the passion with which his team played. There are qualified Black head coaches across the country who get passed over every single year for coaches like Freeze. This hire is a particular slap in the face to one of Auburn's own, who has given everything for this program. But Freeze is a big name with an past who beat Nick Saban twice when he was Ole Miss' coach, and took the Rebels to two New Year's Six games. And he can develop quarterbacks. But it's fair to question whether that should have been enough for him to get the job. Alex Scarborough: The last few months, starting with hiring athletic director John Cohen from Mississippi State, have felt like a giant course correction for Auburn. Bringing in the former Ole Miss coach -- after trying to hire the current Ole Miss coach -- is really on the nose. And it's predictable. Which is not to say it's the wrong move. If Freeze could contend in the and go 2-3 against Saban and Alabama at Ole Miss, what's to say he can't repeat that success at Auburn? It's a better recruiting territory given the access to Georgia and Florida, and there are unlimited resources -- just look at how much money they're willing to burn on buyouts. (In the past two years, the Tigers have paid more than $37 million to fired coaches Harsin and Gus Malzahn.) The school recently built a new football facility, and it is not afraid to fund ventures. What should be Auburn's biggest concerns moving forward? Adelson: Here's the thing quick Google search clearly shows why this hire comes with huge risks. As outlined above, Freeze has already gotten one school into major trouble, leading to postseason bans and vacated wins. He was ousted at Ole Miss in part Terms of Use Privacy Policy Interest-Based Ads Enterprises, Inc. All rights reserved. 2/17/25, 1:16 Hugh Freeze to Auburn -- Why it happened and what comes next 3/5 for using burner phones to call escorts, and while at Liberty is alleged to have been direct messaging a woman suing the school over sexual assault claims. But this hire is a win-at- all-costs, go-for-broke situation, and Auburn will deal with the consequences later. Scarborough: Ask his former athletic director and president at Ole Miss. They stood up and defended Freeze on multiple occasions only to end up embarrassed. Cohen will have to explain why he felt comfortable that Freeze has learned his lessons and is trustworthy. And even then, only time will tell. But as far as the product on the field, let's not forget that Freeze hasn't coached in the in six years. That's an eternity. The last three games Freeze coached were against Kevin Sumlin, Derek Mason and Dan Mullen. So, yeah, a lot has changed. Freeze has to show his offense has evolved and that he can navigate the complexities of roster management in the era of NIL. Doing it at Liberty is great, but it's not nearly the same as Auburn. How does Freeze get Auburn back in contention? Adam Rittenberg: He accomplished the first step by keeping Cadillac Williams on staff. He also needs other assistants who know the recruiting landscape and can attract transfers. Auburn ultimately must become a quarterback destination under Freeze. Since 2018, Alabama leads the nation in total QBR, while Georgia is No. 4. Auburn ranks 55th. Freeze has to improve that position through recruiting and the portal. Chris Low: Right at the top is finding, signing and developing a quarterback. Freeze has won with different styles of quarterbacks, which should make playing in his system attractive for a lot of quarterbacks out there. In the end, offensive systems don't win games (or championships) in the SEC. Players do. And make no mistake: Freeze's mission at Auburn is to win titles. The Tigers are one of six schools nationally over the last 12 years to have won a national title and played in another national title game during that span. The way you do that is by signing and developing great players, especially from the state of Georgia. When Auburn has been really good, the Tigers have always had great players from Georgia. And that's harder than ever now with Kirby Smart in Athens. Mark Schlabach think the Auburn roster needs a complete overhaul. Harsin's recruiting abilities weren't up to standards, and the Tigers lost too many players to the transfer portal. And then Freeze will need to win over the Auburn power brokers, just like basketball coach Bruce Pearl was able to do. Freeze has to unite Auburn fans and boosters and get everyone on the same page. For too long, Auburn's biggest opponent has been itself because of so much dysfunction behind closed doors. Terms of Use Privacy Policy Interest-Based Ads Enterprises, Inc. All rights reserved. 2/17/25, 1:16 Hugh Freeze to Auburn -- Why it happened and what comes next 4/5 What does this mean for the Alabama-Auburn rivalry? Rittenberg: Freeze knows the blueprint for beating Bama, and it's all about recruiting and NIL, two areas where Auburn should thrive under his leadership. Auburn needs schematic and talent upgrades on offense to beat an Alabama team that has pivoted more toward quarterback and wide receiver play. Freeze has a strong track record on offense, especially at wide receiver, but his ability to attract and develop elite quarterbacks to match Alabama's will be worth watching. Low: The Iron Bowl is always going to be one of the best rivalries in college football, but a new face is only going to spice it up. There was also a time that Saban and Freeze nearly ended up together. After Freeze resigned at Ole Miss, Saban was interested in bringing Freeze on as an analyst or even an offensive coordinator, but sources say commissioner Greg Sankey was against the idea of Freeze being back in the league while Ole Miss was still on probation. Schlabach: The Tide might be as vulnerable as they've ever been under Saban. Reigning Heisman Trophy winner Bryce Young is leaving for the NFL, along with linebacker Will Anderson Jr., the best player on defense. The Tide don't seem to have a bruising running back like they've had in the past, and their young receivers haven't panned out. Alabama has been undisciplined and plagued by turnovers and penalties. If Freeze and his staff can recruit well and pluck a few difference makers out of the transfer portal, they might be competitive with Alabama sooner than people believed. Terms of Use Privacy Policy Interest-Based Ads Enterprises, Inc. All rights reserved. 2/17/25, 1:16 Hugh Freeze to Auburn -- Why it happened and what comes next 5/5", "8504_106.pdf": "Auburn coach Hugh Freeze not concerned about backlash: \u2018Give me a chance to earn your trust\u2019 By David Ubben Nov 29, 2022 212 New Auburn coach Hugh Freeze said Tuesday he\u2019s not concerned about any backlash to his hiring. Here\u2019s what you need to know: Freeze resigned at Ole Miss in July 2017 amid an investigation when records of his university-owned phone revealed he had repeatedly called a number associated with an escort service. At his introductory news conference at Auburn on Tuesday he asked for a second chance: \u201cPlease give me a chance to earn your trust. Give me some time, get to know us, get to know our family, get to know the truth of our story.\u201d Freeze was hired at Liberty in December 2018 and was 34-15 in four seasons. Backstory While Freeze\u2019s on-field credentials are impeccable and the reason he was such an attractive hire for Auburn, he does bring baggage to the job. He\u2019s won 10 games at three different schools, defeated Nick Saban\u2019s Alabama team twice at Ole Miss and won 34 games in four seasons at Liberty. But he left Ole Miss amid controversy after the incident over calls to an escort service. This summer, Chelsea Andrews posted a direct message she received from Freeze defending athletic director Ian McCaw, who was Baylor\u2019s athletic director during the sexual assault scandal that resulted in Art Briles\u2019 firing. Andrews had previously sued Liberty for mishandling her sexual assault case and won. 2025 Top 25 Rankings Log In Subscribe Teams Scores & Schedule Standings Podcasts \u2022 \u2022 \u2022 2/17/25, 1:16 Auburn coach Hugh Freeze not concerned about backlash: \u2018Give me a chance to earn your trust\u2019 - The Athletic 1/3 Freeze also had wins vacated at Ole Miss after academic and recruiting violations. As his name picked up steam as a candidate at Auburn, some fans and boosters pushed back on the hire, but it didn\u2019t dissuade athletic director John Cohen from making Freeze his new football coach. What they\u2019re saying don\u2019t know anybody in this room that doesn\u2019t deserve a second chance,\u201d Freeze said Tuesday. \u201cAnd truthfully, if everybody\u2019s life was documented as mine, it would probably be uncomfortable for a lot of people.\u201d Cohen said as part of the vetting process, they spoke with \u201cindustry experts, teachers, professional and college coaches, law enforcement officials, student athletes, parents of student athletes and many others.\u201d \u201cHis transparency and his family support were of the utmost importance to us in this process. \u2026 Coach Freeze was completely transparent with his past transgressions,\u201d Cohen said. \u201cHe showed remorse and had an accountability plan he\u2019s used for the last five- plus years. Everything he disclosed to us turned out to be accurate after speaking with credible industry sources.\u201d Auburn declined to make Cohen available for questions when asked by a reporter during the news conference. \u201cI\u2019ve come to grips with everybody doesn\u2019t know me, everybody doesn\u2019t care to get to know me,\u201d Freeze said. \u201cAnd everybody has an opinion and they\u2019re entitled to that.\u201d Freeze went on to say the \u201cones care about\u201d are the Auburn players, the administration and my family. \u201cThey\u2019re the ones that matter,\u201d he said. \u201cAs with anyone, all of us have made a mistake before think how we have handled it as a family and how I\u2019ve handled it as owning it and moving forward and playing the next play and working to get better and learn from it. That\u2019s all can do.\u201d \u201cWhat did was what did but it\u2019s not who am,\u201d he added know that, they know that and hopefully everyone else will get to know that. But really can\u2019t spend my time worrying about whatever it is that\u2019s catching the attention of the backlash.\u201d Freeze on his social media use Andrews told AL.com this week that Freeze sent her three unsolicited messages. Andrews has been a frequent critic of Liberty on social media and posted a screenshot of one of Freeze\u2019s messages over the summer. \u201c\u200bYou don\u2019t even know Ian McCaw,\u201d Freeze wrote. \u201cHe is the most Jesus like leader have ever seen or been around but you take every chance you can to take a shot at him don\u2019t understand that mentality.\u201d McCaw was Liberty\u2019s athletic director at Baylor before resigning amid a sexual assault scandal and taking a job as athletic director at Liberty, where he hired Freeze. Freeze said he was \u201copen to talk\u201d in person or on the phone to understand her \u201cissues\u201d with Freeze or his program. Andrews said Auburn did not contact her during the vetting process for Freeze. Freeze was not asked directly about any of the messages to Andrews. While Freeze has direct messaged his critics in the past, he said a report that surfaced Monday that he\u2019d agreed to surrender control of his social media was not accurate. \u201cHow could you, in this day and time think there may be wisdom in it, though,\u201d Freeze said. Freeze added later that he has not spent much time on social media over the last month and has had someone else running his accounts. Freeze on Cadillac Williams Freeze said that interim coach and former Auburn star Cadillac Williams will serve as associate head coach and running backs coach. Freeze said Williams\u2019 performance over the last four games was one of the best examples of leadership he\u2019d ever seen. 2/17/25, 1:16 Auburn coach Hugh Freeze not concerned about backlash: \u2018Give me a chance to earn your trust\u2019 - The Athletic 2/3 David Ubben is a senior writer for The Athletic covering college football. Prior to joining The Athletic, he covered college sports for ESPN, Fox Sports Southwest, The Oklahoman, Sports on Earth and Dave Campbell\u2019s Texas Football, as well as contributing to a number of other publications. Follow David on Twitter @davidubben National Boxing Bundesliga Champions League Championship College Football College Sports Copa America Copa del Rey Culture Europa League European Championship Cup Fantasy Baseball Fantasy Basketball Fantasy Football Fantasy Hockey Fantasy Premier League Formula 1 Gaming Golf International Football La Liga League Cup League One League Two Memorabilia & Collectibles Men's College Basketball Men's World Cup Mixed Martial Arts Motorsports Olympics Opinion Premier League Scottish Premiership Serie Soccer Sports Betting Sports Business Tennis Top Sports News Women's Football Women's College Basketball Women's Euros Women's Hockey Women's World Cup The Athletic Ink Podcasts Headlines Arizona Atlanta Baltimore Bay Area Boston Buffalo Carolina Chicago Cincinnati Cleveland Columbus Dallas Denver Detroit Houston Indiana Jacksonville Kansas City Las Vegas Los Angeles Memphis Miami Minnesota Nashville New Orleans New York Oklahoma Oregon Orlando Philadelphia Pittsburgh Sacramento San Antonio San Diego Seattle St. Louis Tampa Bay Utah Washington Wisconsin Canada Calgary Edmonton Montreal Montr\u00e9al (fran\u00e7ais) Ottawa Toronto Vancouver Winnipeg Partners Collectibles by eBay Odds by BetMGM Tickets by Viagogo Subscribe Start Subscription Buy a Gift Student Discount Group Subscriptions About Us Careers Code of Conduct Editorial Guidelines Business Inquiries Press Inquiries Support Forgot Password? Redeem Gift Contact Us Terms of Service Newsletters The Pulse The Bounce The Windup Prime Tire Full Time Until Saturday Scoop City The Athletic MoneyCall \u00a92025 The Athletic Media Company New York Times Company Privacy Policy Your Ad Choices Support Sitemap Williams received a standing ovation when his run as interim coach was recognized by Cohen before introducing Freeze. \u201cMy first priority was have to have Cadillac by my side to drive the culture of Auburn football,\u201d Freeze said. Freeze said he had no knowledge of reports in recent years that commissioner Greg Sankey had banned him from the league. Freeze said he had opportunities to return to the as an offensive coordinator but instead, elected to take the job as Liberty\u2019s head coach. (Photo: Wesley Hitt / Getty Images) 2/17/25, 1:16 Auburn coach Hugh Freeze not concerned about backlash: \u2018Give me a chance to earn your trust\u2019 - The Athletic 3/3", "8504_107.pdf": "More local news for Birmingham, Huntsville and Mobile \u2013 Start Today for $1 What was new Auburn coach Hugh Freeze accused of? Sexual misconduct, personal misconduct allegations Updated: Nov. 29, 2022, 11:03 a.m. | Published: Nov. 28, 2022, 5:24 p.m. By Mark Heim | mheim@al.com New Auburn football coach Hugh Freeze spent five seasons at Ole Miss, leading the Rebels into national prominence. Auburn introduces Hugh Freeze as head football coach Subscribe However, in July of 2017, he resigned from Ole Miss after the school conducted an investigation and found \u201ca pattern of personal misconduct\u201d by the coach. Freeze has spent the last four seasons at Liberty where he compiled a 34-15 record. But what did Freeze do at Ole Miss? On the field, Ole Miss received two Notice of Allegations letters from the in the two years leading up to the resignation. The first alleged 13 rules violations, including nine that were classified as Level I, which the governing body deems the most serious. Off the field, Freeze was found to have made at least 12 phone calls to an escort service using a university phone, a detail raised as a potential issue in a discussion between the university\u2019s legal counsel and the attorney for former Ole Miss football coach Houston Nutt, who was suing the school. Freeze told that he denies making such a call believe in teaching young men on our team all of the lessons of when got it right and when got it wrong and what the consequences are,\u201d Freeze said when he was introduced as the coach at Liberty. RELATED: Who is Hugh Freeze timeline on new Auburn coach\u2019s complicated coaching career RELATED: Chelsea Andrews: Auburn never asked about Hugh Freeze messages defending Liberty\u2019s Ian McCaw Freeze\u2019s rise to coaching stardom took off after years as a successful high school coach at Briarwood Christian, a private school in suburban Memphis, Tennessee week after Freeze resigned from Ole Miss, former students at Briarcrest Christian spoke to Today. Three women who attended the Memphis high school - where Freeze was a coach and depicted in the movie \u201cThe Blind Side\u201d - shared stories of inappropriate behavior. Katie Dalmasso, now 32, told a story of wearing a Grateful Dead T-shirt, which violated the dress code. She said Freeze made her remove the shirt in his presence. \u201cCoach Freeze pulled me in his office and told me that my shirt represented drugs,\u2019\u2019 Dalmasso told Today said, \u2018I\u2019ll go change in the bathroom,\u2019 and when said that he said, \u2018No, you\u2019re going to change in here so get the (Grateful Dead) shirt and you can\u2019t have it back.\u2019 \u201cHe didn\u2019t do anything sexual. But stood in the corner and faced the wall when did it and changed out of my shirt. No privacy FREEZE: Auburn players react to reports of Hugh Freeze becoming Tigers\u2019 head coach Auburn fans get nasty about Hugh Freeze hire on program\u2019s Facebook post Joseph Goodman: Auburn signals win at all costs with hiring of Hugh Freeze second woman, who spoke on condition of anonymity, told the newspaper Freeze was \u201chyper attentive\u2019' to the length of her skirts. She said he stayed in the parking lot while she went to her car to change. She went on to say when she and football players were disciplined, and the players had option of being paddled as opposed to detention. She decided to take that option as well, but was \u201cshocked\u201d when he administered the paddling and not a female teacher. \u201c(Freeze) did some bizarre warm-up taunt before actually making contact,\u2019\u2019 the woman told was humiliated that he didn\u2019t have a female in the room don\u2019t know if the acts were intentionally sexual or if he was really that oblivious to the inherently sexual nature of his approach to discipline What was Bear Bryant\u2019s Alabama salary? Here\u2019s what college football coaches used to earn Feb. 11, 2025, 11:08 a.m. Scouting report: What to know about Alabama ahead of matchup with Auburn basketball Feb. 14, 2025, 2:00 p.m. Jeffrey Vitter, who was the Ole Miss chancellor at the time of Freeze resignation, said in 2017 that Freeze\u2019s resignation was not connected to the allegations received by the university. Still, Ole Miss vacated 33 wins, served a two-year bowl ban and was on probation for three years. While at Ole Miss, Freeze earned more $5 million per year and had a 39-25 record in five seasons. Mark Heim is a sports reporter for The Alabama Media Group. Follow him on Twitter @Mark_Heim. If you purchase a product or register for an account through a link on our site, we may receive compensation. 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Ad Choices", "8504_108.pdf": "Hugh Freeze Freeze as Auburn head coach Current position Title Head coach Team Auburn Conference Record 11\u201314 Biographical details Born September 27, 1969 Oxford, Mississippi, U.S. Playing career Baseball 1989\u20131990 Northwest Mississippi Fall 1990 Southern Miss Coaching career unless noted) Football 1992\u20131994 Briarcrest (TN) (OC/DB) 1995\u20132004 Briarcrest (TN) 2006\u20132007 Ole Miss (TE/RC) 2008\u20132009 Lambuth 2010 Arkansas State (OC) 2011 Arkansas State 2012\u20132016 Ole Miss Hugh Freeze Danny Hugh Freeze Jr.[2] (born September 27, 1969) is an American college football coach. Since 2023, he has served as the head coach for Auburn University.[3 successful high school football coach at Briarcrest Christian School in Memphis, Tennessee, Freeze coached Michael Oher and Greg Hardy. He subsequently was the head football coach at Lambuth University from 2008 to 2009, Arkansas State University in 2011, the University of Mississippi (Ole Miss) from 2012 to 2016, and Liberty University from 2018 to 2022. Under Freeze, the Ole Miss football program committed various recruiting and academic violations that figured in the NCAA's decision to expunge 27 of Freeze's wins and ban the team from post-season play for two years.[4] After university officials attempted to paint Freeze's predecessor as the main culprit, they were sued for defamation and they subsequently issued a public apology.[5] The team's star quarterback and other players told officials that Freeze lied to them about the charges while he recruited them.[6] Freeze resigned from Ole Miss in 2017 after officials discovered that he had used a university cellphone to call escort services at least a dozen times over 33 months.[7][8] Freeze was born in Oxford, Mississippi, and grew up on a dairy farm in Independence, Mississippi.[9][10] His father, Danny Freeze, is a longtime high school assistant coach.[9] Freeze graduated from Senatobia High School in 1988, then attended Northwest Mississippi Early life 2/17/25, 1:16 Hugh Freeze - Wikipedia 2017%2C after Freeze was,by Freeze during his tenure. 1/13 2019\u20132022 Liberty 2023\u2013present Auburn Administrative career unless noted) 2005 Ole Miss (assistant AD) Head coaching record Overall 87\u201361[a] Bowls 5\u20133[b] Tournaments 1\u20132 playoffs) Accomplishments and honors Championships 1 Sun Belt (2011) 2 West Division (2008\u20132009) 2 Tennessee 8 (2002, 2004) 6 Tennessee 8 Regional (1995\u20131998, 2001, 2002) Awards Sun Belt Coach of the Year (2011 Southeast Region (2009) Mid-South Conference (2009) 4 5\u00d7 Region 8 Community College, where he lettered two years in junior college baseball. He became an Academic All-American for the Rangers in the spring of 1990.[11][12][10] Freeze then attended the University of Southern Mississippi, where he tried out for the baseball team in the fall of 1990, hoping to make the roster for the spring of 1991. He was cut from the team.[13] He graduated from Southern Miss in 1992 with a Bachelor of Science degree in mathematics and a minor in coaching and sports administration.[14] In 1992, Freeze joined the staff at Briarcrest Christian School in Memphis, Tennessee, as the football team's offensive coordinator and defensive backs coach. Freeze also served as dean of students.[15] In 1995, he was promoted to head coach. Freeze ran the no-huddle spread offense and led his team to the state championship in 2002 and 2004, and the regional championship each year from 1995 to 1998 and in 2001 and 2002. He received Region 8 Coach of the Year honors five times and Associated Press Coach of the Year honors six times.[14] Freeze went 94\u201330 as head coach (.785 winning percentage) and 126\u201337 overall.[16] Freeze was depicted in the book and motion picture The Blind Side, about one of his former players, offensive tackle Michael Oher.[17] From 1992 to 2004, Freeze also coached the Briarcrest girls basketball team to an overall record of 305\u201363 (.829 winning percentage), seven straight championship appearances, and four championships.[18] In 2017, after Freeze was dismissed from Ole Miss, some former students alleged that Freeze had engaged in inappropriate conduct with female students while at Briarcrest.[19][20] Freeze denied the allegations. Briarcrest officials said they were unaware of any sexual improprieties committed by Freeze during his tenure.[15] In 2005, the University of Mississippi hired Freeze as an assistant athletic director for football external affairs. The following season, he became the tight ends coach and recruiting coordinator, positions he held through 2007.[14] After that season, he replaced head coach Ed Orgeron on an interim basis before the hiring of Houston Nutt.[14] Freeze interviewed for the offensive coordinator position with Nutt,[21] a position that eventually went to Kent Austin. Coaching career Briarcrest Christian School Ole Miss assistant coach 2/17/25, 1:16 Hugh Freeze - Wikipedia 2017%2C after Freeze was,by Freeze during his tenure. 2/13 In January 2008, Lambuth University, a member of the National Association of Intercollegiate Athletics (NAIA), named Freeze its head coach.[22] In 2008, he led Lambuth to an 8\u20134 record and a first round loss in the playoffs, marking their first appearance in the playoffs since 2004 under then head coach Vic Wallace. He was considered for the University of Tennessee at Chattanooga's head coaching position following the 2008 season, but remained at Lambuth University for another season and compiled a 20\u20135 overall record, and defeating opponents 41\u201317 on average. In 2009, he led the Eagles to their best regular season record in school history with an unblemished 11\u20130 mark. Lambuth advanced to the second round of the playoffs for first time in 11 years\u2014having won one game before suffering elimination to finish 12\u20131 as the sixth-ranked team in the NAIA.[14] In 2010, he joined the staff of head coach Steve Roberts at Arkansas State as offensive coordinator, joining the program after spending less than two months, during the 2009\u20132010 offseason, as offensive coordinator at San Jose State University.[23] The Red Wolves finished 2010 with a 4\u20138 record, but their offensive rankings jumped from 95th in total offense and 90th in scoring offense in the Division to 43rd and 46th, respectively. The Red Wolves' offense broke nine school records including total plays (856), first downs (262), pass attempts (438), pass completions (266), completion percentage (.607), passing yards (3,057), passing yards per game (254.8), and passing touchdowns (23). The Red Wolves' offense averaged 403.4 yards per game, eclipsing over 300 yards all 12 times it took the field for the first time in the history of the program. A-State posted at least 400 yards of total offense in seven games during the 2010 campaign, the most ever as an member, all in his first year as offensive coordinator. After the season, Roberts was fired and Freeze was promoted to head coach.[24] In 2011, his only season as head coach at Arkansas State, he led the Red Wolves to a 10\u20132 record and their first Sun Belt Conference title since 2005. The Red Wolves' offense averaged 447.8 ypg (28th nationally, 1st in Sun Belt Conference) including 293.6 ypg passing and 154.2 ypg rushing.[25] Freeze left Arkansas State before Arkansas State's post-season appearance in the GoDaddy.com Bowl. On December 5, 2011, Freeze was announced as the 37th head coach of the University of Mississippi. During the press conference to introduce him as the head coach, Freeze said he wanted to \"retire at Ole Miss.\" He was signed to a four-year contract with an annual salary of $1.5 million plus incentives up to $2.5 million.[26] His salary was later reported to be $4.7 million, making him the highest-paid employee in the state of Mississippi.[27] In his first season at Ole Miss, Freeze led the Rebels to a 6\u20136 record in the regular season, including a 41\u201324 victory over Mississippi State in the Egg Bowl.[28] Eligible to play in a bowl game for the first time since 2009, Ole Miss played in the Compass Bowl in Birmingham, Alabama, on January 5, 2013, defeating the University of Pittsburgh 38\u201317 to finish 7\u20136.[b][29] Lambuth Arkansas State Ole Miss 2/17/25, 1:16 Hugh Freeze - Wikipedia 2017%2C after Freeze was,by Freeze during his tenure. 3/13 Freeze received national attention on National Signing Day 2013 as Ole Miss brought in the fifth- ranked recruiting class in the country.[30] In the 2013 season, he finished with a 7\u20135 record in the regular season.[31] The Rebels defeated Georgia Tech in the Music City Bowl.[32] Freeze won the 2014 Grant Teaff Coach of the Year award by the Fellowship of Christian Athletes.[33] During Freeze's third season at Ole Miss, he led the Rebels to a 7\u20130 start, the program's best start since the Johnny Vaught era. By October, they had risen as high as third in the nation, their highest ranking at that late stage in the season in almost half a century. They ultimately finished 9\u20133, only the third time since Vaught's tenure that Ole Miss has won that many games in the regular season.[34] That netted them an appearance in the 2014 Peach Bowl: their first major bowl appearance since the 1970 Sugar Bowl, and the biggest since Vaught's tenure.[35][36][37] On September 19, 2015, Freeze's Rebels beat Alabama, 43\u201337, in Tuscaloosa, Alabama, making Freeze only the third head coach, along with Les Miles and Steve Spurrier, to defeat a Nick Saban- coached team in back-to-back years.[38] The victory catapulted the Rebels to No. 3 in the rankings. They went on to tally their second straight nine-win season, and garnered a berth in the 2016 Sugar Bowl, where they won 48\u201320 over Oklahoma State. They finished ninth in the Poll and 10th in the Coaches' Poll\u2014their first top-10 finishes in a final poll since 1969.[39][40][41] It was also only the Rebels' third 10-win season since the Vaught era. In January 2016, the charged Ole Miss with numerous recruiting violations. An investigation turned up evidence that Ole Miss employees and boosters arranged numerous \"impermissible benefits\" for players, such as car loans and cash. At least one recruit was suspected of getting help on his college entrance exam.[42] Ole Miss officials began calling reporters, telling them falsely that most of the alleged violations had taken place under Freeze's predecessor Houston Nutt.[43] The investigation reopened soon after star offensive tackle Laremy Tunsil admitted taking money from one of Freeze's assistants.[44] In February 2017\u2014three months after suffering its first losing season since the year Freeze arrived\u2014Ole Miss withdrew from bowl consideration for the upcoming season. The move came on the same day that the sent an updated notice of allegations charging the Rebels with eight additional violations. Most seriously, it accused Freeze of not monitoring his assistants, and also accused Ole Miss of not properly controlling the program.[42] The new allegations brought the total to 21: four under Nutt and 17 under Freeze.[45] Freeze continued to recruit players during the investigation. Six Ole Miss players, including star quarterback Shea Patterson and future players Van Jefferson and Tre Nixon, later said Freeze and other Ole Miss officials repeatedly lied to them during their recruitment about the severity of the pending charges. After the charges became public, these players sought to transfer to other schools; each requested and received a waiver to the rule that would have prevented them from playing for a year.[6][46][47] On July 13, 2017, Nutt sued Ole Miss for defamation, contending that Freeze and school officials had \"conspired to smear him\" with false claims about the charges.[48][49] On October 16, 2017, Ole Miss settled the lawsuit and issued a public apology to Nutt.[5][50] Scandals and resignation 2/17/25, 1:16 Hugh Freeze - Wikipedia 2017%2C after Freeze was,by Freeze during his tenure. 4/13 As part of discovery for the lawsuit, Nutt's attorneys filed a freedom-of-information request for calls Freeze made on his university-issued cell phone during January 2016. While reviewing those records, Nutt's attorneys discovered a call to a number associated with a female escort service, and alerted Ole Miss officials about it. Freeze claimed it was a misdialed number.[51] School officials investigated, and discovered what they later described as \"a concerning pattern\" of similar calls dating back to shortly after he arrived in Oxford:[52] at least a dozen calls over 33 months,[7][8] often made while Freeze was traveling on business trips using Ole Miss' private plane.[27] On July 20, 2017, chancellor Jeff Vitter and athletic director Ross Bjork gave Freeze an ultimatum: resign or be fired for violating the morals clause of his contract. Freeze opted to resign; offensive coordinator Matt Luke was named interim coach.[8] In February 2019, the punished the Ole Miss football team for the recruiting and academic violations committed under both Nutt and Freeze. \"The panel found the involved head coach [Freeze] failed to monitor the program, allowing his staff to knowingly commit a series of recruiting violations, submit false information on recruiting paperwork and not report known violations,\" an statement said.[53] The punishments included a two-year postseason ban, three years of probation, and a four-year ban on some scholarships. As well, the forced Ole Miss to vacate 33 wins from 2010 to 2016. As a result, 27 of Freeze's wins were stripped from the books; only the 2015 season was unaffected. His record at Ole Miss is now officially 12\u201325; it was 39\u201325 on the field.[4] On October 11, 2018, Freeze was offered a job as offensive coordinator of the Arizona Hotshots of the Alliance of American Football league; he turned it down.[54] Freeze was named head coach of the Liberty Flames football team on December 7, 2018.[55] In his first year with the team, the Liberty Flames played to a 7\u20135 record, qualified for bowl games for the first time in school history, and accepted an invitation to the Cure Bowl in Orlando, Florida.[56] On December 10, 2019, Freeze signed a five-year extension with Liberty.[57] In 2020, the Flames finished with a 10\u20131 record, including a 15\u201314 loss to State.[58] Freeze tested positive for COVID-19 on December 11, 2020.[59] He returned in time to coach Liberty in the 2020 Cure Bowl, and beat Coastal Carolina. Freeze was rumored to be a candidate in several coaching searches, including searches to replace South Carolina's Will Muschamp and Auburn's Gus Malzahn. He declined interest in any of these positions, saying won't even entertain things of that nature at this point\".[60] In the 2021 season, he led the Flames to a 7\u20135 regular season record.[61] He led the team to a 56\u201320 victory over Eastern Michigan in the LendingTree Bowl.[62] In January and July 2022, Freeze sent multiple unsolicited direct messages on Twitter to Chelsea Andrews, a former student at Liberty. Andrews, a sexual assault survivor, had sued Liberty over the handling of her case.[63] She was also publicly critical of Liberty's decision to hire athletic director Ian McCaw, who had resigned from his previous job at Baylor University after the university sanctioned Liberty 2/17/25, 1:16 Hugh Freeze - Wikipedia 2017%2C after Freeze was,by Freeze during his tenure. 5/13 him for failing to identify and respond to a pattern of sexual violence by student-athletes.[64] Freeze, in his messages to Andrews, defended McCaw and called him \"the most Jesus like leader have ever seen or been around.\"[65][66] Freeze later told that he was sorry for sending the messages.[67] On November 29, 2022, Auburn University announced that it had hired Freeze to be the 31st head coach of the Auburn Tigers football team. His six-year contract will pay him an average of $6.5 million a year reported.[68] He finished his first season at Auburn with a 6\u20136 regular season mark.[69] The team lost in the Music City Bowl to Maryland to drop to 6\u20137.[70] Freeze and his wife Jill have three daughters; Ragan, Jordan, and Madison.[71] Freeze has said he is a born-again Christian and has been outspoken about his faith throughout his coaching career.[72][73] In 2018, the Baptist Press described him as \"a regular speaker at churches and conferences whose Twitter account is filled with Christian references.\"[74] After he was forced to resign from Ole Miss for his calls to escort services, \"he faced scrutiny and criticism not only as a rising star in the coaching world, but as a high profile evangelical Christian, too,\" wrote the Tennessean.[75] Auburn Personal life 2/17/25, 1:16 Hugh Freeze - Wikipedia 2017%2C after Freeze was,by Freeze during his tenure. 6/13 Year Team Overall Conference Standing Bowl/playoffs Coaches# AP\u00b0 Lambuth Eagles (Mid-South Conference) (2008\u20132009) 2008 Lambuth 8\u20134 4\u20131 T\u20131st (West) 2009 Lambuth 12\u20131 6\u20130 1st (West Quarterfinal Lambuth: 20\u20135 10\u20131 Arkansas State Red Wolves (Sun Belt Conference) (2011) 2011 Arkansas State 10\u20132 8\u20130 1st GoDaddy.com[c] Arkansas State: 10\u20132 8\u20130 Ole Miss Rebels (Southeastern Conference) (2012\u20132016) 2012 Ole Miss 7\u20136[a] 3\u20135[a] 5th (Western Compass[b] 2013 Ole Miss 8\u20135[a] 3\u20135[a] T\u20135th (Western Music City 2014 Ole Miss 9\u20134[a] 5\u20133[a] 3rd (Western Peach\u2020 19 17 2015 Ole Miss 10\u20133 6\u20132 2nd (Western Sugar\u2020 9 10 2016 Ole Miss 5\u20137[a] 2\u20136[a] 7th (Western) Ole Miss: 12\u2013 25[a] 6\u201321[a] Liberty Flames Division independent) (2019\u20132022) 2019 Liberty 8\u20135 Cure 2020 Liberty 10\u20131 Cure 18 17 2021 Liberty 8\u20135 LendingTree 2022 Liberty 8\u20134 Boca Raton[d] Liberty: 34\u201315 Auburn Tigers (Southeastern Conference) (2023\u2013present) 2023 Auburn 6\u20137 3\u20135 5th (Western Music City 2024 Auburn 5\u20137 2\u20136 T\u201313th Auburn: 11\u201314 5\u201311 Head coaching record 2/17/25, 1:16 Hugh Freeze - Wikipedia 2017%2C after Freeze was,by Freeze during his tenure. 7/13 Total: 87\u2013 61[a] National championship Conference title Conference division title or championship game berth \u2020Indicates / New Years' Six bowl. #Rankings from final Coaches Poll. \u00b0Rankings from final Poll. Vladimir Nazlymov, college coach found guilty of level 1 violations a. Does not include 27 wins vacated by the in 2019. Actual on-field record of 7\u20136 in 2012, 8\u20135 in 2013, 9\u20134 in 2014, and 5\u20137 in 2016.[1] b. The 2013 Compass Bowl victory was vacated by the in 2019.[1] c. Did not coach bowl game d. Did not coach bowl game 1. Koch, Mitchell (February 12, 2019). \"Ole Miss football forced to vacate 33 wins after investigation\" ( WREG.com. Retrieved March 25, 2019. 2. \"Nicholls coaching search nets 42 applicants\" ( ls-coaching-search-nets-42-applicants). Houma Today. December 24, 2009. Archived ( archive.org/web/20131215023851/ 39867) from the original on December 15, 2013. Retrieved December 14, 2013. 3. Low, Chris (November 28, 2022). \"Auburn hires 'the best fit,' chooses Hugh Freeze as next coach\" ( rces-say). ESPN.com. Retrieved November 29, 2022. 4. Axson, Scooby (February 12, 2019). \"Ole Miss to vacate 33 wins after violations\" ( si.com/college-football/2019/02/12/ole-miss-vacates-wins-ncaa-violations). SI.com. Retrieved March 25, 2019. 5. Rollins, Khadrice (October 16, 2017). \"Ole Miss reaches settlement with Houston Nutt\" ( w.si.com/college/2017/10/16/ole-miss-houston-nutt-lawsuit-settlement). Sports Illustrated. Retrieved November 29, 2022. 6. Dodd, Dennis (February 1, 2018). \"Ole Miss transfers building appeal cases proving they were misled by Hugh Freeze\" ( ing-appeal-cases-proving-they-were-misled-by-hugh-freeze/). CBSSports.com. Retrieved November 29, 2022. 7. \"Review shows 12 Freeze calls to escort numbers\" ( id/20421042/review-shows-former-ole-miss-coach-hugh-freeze-made-least-12-calls-escort-service s). ESPN.com. August 22, 2017. Retrieved December 8, 2022. See also Notes References 2/17/25, 1:16 Hugh Freeze - Wikipedia 2017%2C after Freeze was,by Freeze during his tenure. 8/13 8. 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Retrieved October 1, 2024. 2/17/25, 1:16 Hugh Freeze - Wikipedia 2017%2C after Freeze was,by Freeze during his tenure. 11/13 59. Sallee, Barrett (December 11, 2020). \"Liberty coach Hugh Freeze tests positive for COVID-19 as program deals with outbreak\" ( h-freeze-tests-positive-for-covid-19-as-program-deals-with-outbreak/). CBSSports.com. Retrieved March 8, 2021. 60. \"Hugh Freeze asked about South Carolina Gamecocks coaching job on College GameDay\" (http s:// day-2020/). Saturday Down South. November 21, 2020. Retrieved December 27, 2020. 61. \"2021 Liberty Flames Schedule and Results\" ( y/2021-schedule.html). Sports Reference. Retrieved October 1, 2024. 62. \"LendingTree Bowl \u2013 Eastern Michigan vs Liberty Box Score, December 18, 2021\" ( orts-reference.com/cfb/boxscores/2021-12-18-liberty.html). Sports Reference. Retrieved October 1, 2024. 63. The university settled the case in May 2022; details of the settlement remain secret.Beasley, Cynthia (May 11, 2022). \"Settlement reached in claim Liberty University hid rapes, punished victims\" ( hid-rapes-punished-victims-sexual-assault-lawsuit-allegations-may-11-2022-lynchburg). WSET. Retrieved December 5, 2022. 64. Bromberg, Nick (May 26, 2016). \"Baylor board chair: Investigation findings 'shocked and outraged us' \" ( shocked-and-outraged-us-165738271.html). Yahoo! Sports. Retrieved October 1, 2024. 65. Talty, John (November 29, 2022). \"Chelsea Andrews: Auburn never asked about Hugh Freeze messages\" ( ut-hugh-freeze-messages-defending-libertys-ian-mccaw.html). AL.com. Retrieved November 29, 2022. 66. Moody, Josh (July 18, 2022). \"Liberty Coach Takes Aim at Sex Assault Survivor on Twitter\" (http s:// witter). Inside Higher Ed. Retrieved November 29, 2022. 67. Low, Chris (November 29, 2022). \"Freeze hoping to earn 'trust' with Auburn faithful\" ( spn.com/college-football/story/_/id/35141275/new-coach-freeze-confident-auburn-end-result). ESPN.com. Retrieved December 5, 2022. 68. Low, Chris (November 28, 2022). \"Auburn hires Freeze, 'the best fit,' as next coach\" ( espn.com/college-football/story/_/id/35132793/freeze-agrees-next-coach-auburn-sources-say). ESPN.com. Retrieved November 29, 2022. 69. \"2023 Auburn Tigers Schedule and Results\" ( n/2023-schedule.html). Sports Reference. Retrieved October 1, 2024. 70. \"Edwards runs, throws for a as Maryland routs Auburn 31\u201313 in Music City Bowl\" ( nbcsports.com/college-football/news/edwards-runs-throws-for-a-td-as-maryland-routs-auburn-31-1 3-in-music-city-bowl Sports. Associated Press. December 30, 2023. Retrieved October 1, 2024. 71. \"Jill Freeze\u2014Her Life and Calling \u2013 Mississippi Christian Living\" ( 6/covers/jill-freeze-life-calling/). May 1, 2016. Retrieved August 25, 2018. 72. Toalston, Art (January 25, 2018). \"Hugh & Jill Freeze speak of God's grace at Liberty U.\" ( ww.baptistpress.com/resource-library/news/hugh-jill-freeze-speak-of-gods-grace-at-liberty-u/) Baptist Press. Retrieved August 25, 2018. 73. \"Hugh Freeze asks for prayer, looking to get life back together: Mississippi pastor\" ( fordeagle.com/2017/07/26/hugh-freeze-asks-for-prayer-looking-to-get-life-back-together-mississip pi-pastor/). The Oxford Eagle. July 26, 2017. Retrieved October 1, 2024. 74. Roach, David (July 24, 2017). \"Ole Miss coach resigns amid scandal, requests prayer\" ( w.baptistpress.com/resource-library/news/ole-miss-coach-resigns-amid-scandal-requests-prayer/). Baptist Press. Retrieved November 17, 2022. 2/17/25, 1:16 Hugh Freeze - Wikipedia 2017%2C after Freeze was,by Freeze during his tenure. 12/13 75. Meyer, Holly (August 3, 2017). \"Hugh Freeze, sin and the scandal's impact on evangelical Christians\" ( ans-responding/520251001/). The Tennessean. Retrieved November 17, 2022. Coaching statistics ( at Sports Reference Auburn Tigers bio ( Liberty Flames bio ( 2019 report ( t/files/Dec2017COI_MississippiIIInfractionsDecisionPUBLIC_20171201.pdf) on violations committed under Freeze Retrieved from \" External links 2/17/25, 1:16 Hugh Freeze - Wikipedia 2017%2C after Freeze was,by Freeze during his tenure. 13/13"} |
7,676 | Nikishna Polequaptewa | University of California – Irvine | [
"7676_101.pdf",
"7676_102.pdf"
] | {"7676_101.pdf": "sexual-harassment/ Former Irvine employee Nikishna Polequaptewa found to have violated Policy on Sexual Harassment By Bobby Lee May 12, 2017 Nikishna Polequaptewa, a former student affairs officer at Irvine, was dismissed in March 2014 for violating the Policy on Sexual Harassment, according to documents obtained by The Daily Californian in a Public Records Act request. Polequaptewa's is at least the 132nd case of sexual misconduct by employees since October 2010 report, prepared by Theresa Gerrior, a senior investigator at the Irvine Office of Equal Opportunity and Diversity, found Polequaptewa to have violated the Policy on Sexual Harassment by subjecting the complainant to \u201cunwelcome sexual advances\u201d and creating a \u201chostile work environment.\u201d Polequaptewa could not be reached for comment. Polequaptewa was a director at the Irvine American Indian Resource Program, and his employment was terminated in 2014, according to Irvine spokesperson Tom Vasich. The investigation found that Polequaptewa, listed as the respondent, asked to kiss the complainant while alone \u201cat approximately midnight, on an isolated floor\u201d of a hotel Oct. 31, 2013. The complainant stated that after the incident, the complainant was afraid to return to campus because of the complainant\u2019s fear of Polequaptewa, according to the report. According to the report, Polequaptewa stated that Oct. 31, 2013, the complainant directed \u201csubtle flirtatious attention\u201d toward him that made him feel uncomfortable. Polequaptewa\u2019s notice of dismissal found that the claimant\u2019s account of events was \u201ccredible\u201d and Polequaptewa demonstrated a \u201cprofound lack of judgment and disregard for established policies.\u201d \u201cThe University takes any report of sexual misconduct seriously. We have on-campus resources to assist complainants and respondents, (and the office makes a recommendation based on all the evidence on hand,\u201d Vasich said. \u201cOur campus is committed to maintaining an environment where all students, faculty and staff are protected from sexual harassment.\u201d 2/17/25, 1:17 Former Irvine employee Nikishna Polequaptewa found to have violated Policy on Sexual Harassment | Archives | dailycal.org 1/1", "7676_102.pdf": "No. 19-50231 In the United States Court of Appeals for the Ninth Circuit AMERICA, Plaintiff-Appellee, v POLEQUAPTEWA, Defendant-Appellant. On Appeal from the United States District Court for the Central District of California The Honorable Cormac J. Carney, Presiding No. CR-16-00036 Appellant\u2019s Further Excerpts of Record [Single Volume Federal Public Defender Deputy Federal Public Defender 321 East 2nd Street Los Angeles, California 90012 213-894-2929 Counsel for Defendant-Appellant Polequaptewa 1 Case: 19-50231, 02/08/2021, ID: 11996306, DktEntry: 43, Page 1 of 15 ii Table of Contents Government\u2019s Opposition to Motions in Limine ....................................................... 3 [Filed June 9, 2018; Docket No. 58] Polequaptewa 2 Case: 19-50231, 02/08/2021, ID: 11996306, DktEntry: 43, Page 2 of 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 United States Attorney Assistant United States Attorney Chief, Santa Ana Branch Office (Cal. Bar No. 257874 (Cal. Bar No. 288079) Assistant United States Attorneys Ronald Reagan Federal Bldg. & U.S. Courthouse 411 West 4th Street, Suite 8000 Santa Ana, California 92701 Telephone: (714) 338-3534/3505 Facsimile: (714) 338-3708/3561 E-mail: vibhav.mittal@usdoj.gov bradley.marrett@usdoj.gov Attorneys for Plaintiff AMERICA, Plaintiff, v POLEQUAPTEWA, Defendant. No 16-00036 EXCLUDE: (1 LAPTOP; (2 (3 Hearing Date: June 11, 2018 Hearing Time: 9:00 a.m. Location: Courtroom of the Hon. Cormac J. Carney Plaintiff United States of America, by and through its counsel of record, the United States Attorney for the Central District of California and Assistant United States Attorneys Vibhav Mittal and Bradley E. Marrett, hereby files its Opposition To Defendant\u2019s Motions In Limine To Exclude: (1) Evidence Of The Macbook Pro Laptop; Case 8:16-cr-00036 Document 58 Filed 06/09/18 Page 1 of 11 Page #:583 Polequaptewa 3 Case: 19-50231, 02/08/2021, ID: 11996306, DktEntry: 43, Page 3 of 15 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (2) Evidence Of Defendant\u2019s Termination From UCI; and (3) All Expert Testimony And/Or Reports. This opposition is based upon the attached memorandum of points and authorities, Declaration of Vibhav Mittal, the files and records in this case, and such further evidence and argument as the Court may permit. Dated: June 9, 2018 Respectfully submitted United States Attorney Assistant United States Attorney Chief, Santa Ana Branch Office /s Assistant United States Attorneys Attorneys for Plaintiff Case 8:16-cr-00036 Document 58 Filed 06/09/18 Page 2 of 11 Page #:584 Polequaptewa 4 Case: 19-50231, 02/08/2021, ID: 11996306, DktEntry: 43, Page 4 of 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On Friday, June 8, 2018, defendant Nikishna Polequaptewa (\u201cdefendant\u201d) filed two motions in limine 55 56.) In the first motion, defendant moves to exclude: (1) evidence of a Macbook Pro laptop owned by the University of California at Irvine (\u201cUCI\u201d) and (2) evidence of defendant\u2019s termination from employment with prior to his employment with Blue Stone Strategy Group (\u201cBlue Stone 55.) In the second motion, defendant moves to exclude all expert testimony and/or reports 56.) Each motion is addressed in turn. For the reasons stated below, both motions should be denied Defendant contends that evidence Special Agent Todd Munoz seized from the MacBook Pro laptop is not relevant or should be excluded under Fed. R. Evid. 403 because \u201c[a]ny actions that are subject of the indictment were done by Defendant on his personal cell phone 55 at 5.) This argument goes too far. Evidence from the MacBook Pro laptop is inextricably intertwined with the offense charged.1 As the Court is aware, the government 1 Alternatively, the evidence is properly admitted under Fed. R. Evid. 404(b) and the government has provided ample notice of its intent to use this evidence with discovery letters dating back to June 2016 (where the government produced items seized from the laptop and made the laptop available to defendant). Moreover, the parties previously litigated a motion to suppress related to the laptop and the government summarized in its opposition items seized from the laptop 36 at 9), further demonstrating the government\u2019s intent to use evidence seized from the laptop. Finally, the government\u2019s exhibit list 50 at 5-6) identifies items seized from the laptop that it intends to introduce. As a courtesy, on June 6, 2018, the government has provided these exhibits with the exhibit numbers marked to defense counsel. Case 8:16-cr-00036 Document 58 Filed 06/09/18 Page 3 of 11 Page #:585 Polequaptewa 5 Case: 19-50231, 02/08/2021, ID: 11996306, DktEntry: 43, Page 5 of 15 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 must prove that defendant \u201cknowingly caused the transmission of a program, a code, a command, or information to a [protected] computer,\u201d \u201cintentionally cause[d] damage without authorization,\u201d and \u201closs to 1 or more persons during any 1-year period (and . . . loss resulting from a related course of conduct affecting 1 or more other protected computers) aggregating at least $5,000 in value.\u201d 18 U.S.C. \u00a7\u00a7 1030(a)(5)(A), (c)(4)(A)(i)(I). That is precisely what the evidence seized from the MacBook Pro laptop shows. Namely, exhibits 31 to 52 53 at 3-6) are the evidence seized from the laptop that the government currently intends to admit at trial via Munoz. Those exhibits are, among other things: x system files showing that the laptop was used to connect to the Blue Stone Synology server and remote accounts during the relevant time period; x search history showing the user of the Macbook Pro laptop had conducted internet searches related to file deletions for a Synology server and MailChimp account; and x emails showing defendant had requested administrator access for Blue Stone on November 17, 2014 and November 18, 2014 (despite being re-assigned from IT) and exported information from Blue Stone\u2019s MailChimp account. The evidence seized from the MacBook Pro laptop is highly probative evidence related to the intent and loss requirements for the charged crime. Defendant also argues that \u201c[t]he fact that Defendant had in his possession the Macbook Pro Laptop in Florida is irrelevant and will only serve to confuse and mislead the jury and waste judicial time and resources 55 at 5.) Defendant\u2019s possession of the laptop Case 8:16-cr-00036 Document 58 Filed 06/09/18 Page 4 of 11 Page #:586 Polequaptewa 6 Case: 19-50231, 02/08/2021, ID: 11996306, DktEntry: 43, Page 6 of 15 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 in Florida is relevant. It demonstrates that defendant was the person in front of the laptop screen when the acts described above were executed. Defendant also claims that the seizure in Florida \u201cwill create the appearance that the Macbook Pro Laptop was somehow Blue Stone\u2019s property 55 at 5.) This is wrong. The government will introduce the receipt showing that defendant bought it while working at (Exhibit 20). There will be no such appearance. To date, defendant has not agreed to meet and confer with the government on any evidentiary and factual stipulations. The government has proposed various stipulations on undisputed issues. However, the government would agree to a stipulation that the MacBook Pro laptop was purchased using a research account of a professor while defendant worked there and was, in fact, UCI\u2019s property. In any event, the evidence may show that Blue Stone employees assumed that defendant was using a Blue Stone laptop in November 2014, but the receipt (Exhibit 20) and the government\u2019s position will be that the laptop was purchased when defendant was employed with The government recognizes the sensitivity related to the admission of evidence from a sexual harassment-related termination. However, this does not preclude all such evidence. As noted in the government\u2019s pending and currently unaddressed to motion in limine, the government notes that defendant falsely stated to Blue Stone when he was being considered for employment in March and April 2014 that he was employed with 43 at 6). Moreover, defendant made false statements during the investigation 43 at 5.) Case 8:16-cr-00036 Document 58 Filed 06/09/18 Page 5 of 11 Page #:587 Polequaptewa 7 Case: 19-50231, 02/08/2021, ID: 11996306, DktEntry: 43, Page 7 of 15 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Accordingly, the government should be permitted to introduce that evidence under Rule 607 and 608(b) if defendant opens the door. That said, the government would only introduce evidence related to the termination if defendant elects to open the door, as permitted under Fed. R. Evid. 404(a), 607, and 608(b). Defendant certainly cannot have it both ways. More importantly, the rules recognize that defendant cannot paint a false picture of who he is to the jury. \u201c[W]hen the defendant \u2018opens the door\u2019 to testimony about an issue by raising it for the first time himself, he cannot complain about subsequent government inquiry into that issue.\u201d United States v. Mendoza-Prado, 314 F.3d 1099, 1105 (9th Cir. 2002) (quoting United States v. Hegwood, 977 F.2d 492, 496 (9th Cir. 1992)). Specifically, \u201ca defendant may offer evidence of the defendant's pertinent trait, and if the evidence is admitted, the prosecutor may offer evidence to rebut it.\u201d Fed. R. Evid. 404(a)(2)(A) (emphasis added).2 In Mendoza-Prado, the Ninth Circuit affirmed the admission of rebuttal character evidence (a transcript where defendant bragged about committing many uncharged crimes) where defendant and a character witness testified, among other things, that defendant was a family man and worked hard (i.e., he was too busy to get involved with drugs). The Ninth Circuit has recognized that the ball is in 2 The government also filed a motion in limine to ensure defendant\u2019s testimony and case focus (including cross-examination of government witnesses) on \u201cpertinent trait[s]\u201d and not merely jury nullification 43 at 11-12.) The government has requested a proffer from defendant of various witnesses he identified (John Kindt, Chuck Thompson, Gina Arvizu-Sanchez, Alisha Dishman, Rose June Clown, and Melinda Andrews) because they appear irrelevant to the government. To date, the government has not received a response from defendant. There is a concern that the defense case may be made up of improper nullification evidence. Case 8:16-cr-00036 Document 58 Filed 06/09/18 Page 6 of 11 Page #:588 Polequaptewa 8 Case: 19-50231, 02/08/2021, ID: 11996306, DktEntry: 43, Page 8 of 15 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 defendant\u2019s court about the government\u2019s ability to introduce character evidence when it stated the following: Unlike character witnesses, who must restrict their direct testimony to appraisals of the defendant's reputation, a defendant-witness may cite specific instances of conduct as proof that he possesses a relevant character trait such as peaceableness. And \u201c(o)nce a witness (especially a defendant-witness) testifies as to any specific fact on direct testimony, the trial judge has broad discretion to admit extrinsic evidence tending to contradict the specific statement, even if such statement concerns a collateral matter in the case.\u201d United States v. Benedetto, 571 F.2d 1246, 1250 (2d Cir. 1978). Professor McCormick's treatise states that where the defendant implicitly invites the jury to infer something about his character from his description of his background and conduct, he opens the door to cross- examination on all reasonably related matters: \u201cOrdinarily, when courts speak of an accused's putting his character in issue, it is assumed that the means by which he does so is introducing witnesses who testify to his good character in terms of reputation, or, more currently, opinion. Note should be taken, however, that by relating a personal history supportive of good character, a defendant may be opening the door to rebuttal evidence along the same line.\u201d McCormick's Handbook of the Law of Evidence s 191, at 59 (2d ed. Supp. Cleary et al. 1978). Because character testimony alone may be enough to raise a reasonable doubt, defendants traditionally have been afforded considerable latitude when they testify about their personal histories. Sometimes they commit tactical blunders. We are cognizant of the limitations inherent in the use of literature as proof of character, and we do not applaud the strategy employed by Giese and his attorney. Nor do we bestow our imprimatur on the concept of trial by books. Nevertheless, the question before this court is not whether we think books are a persuasive form of character evidence; the issue is whether the government had a right to respond once the defendant had, of his own volition, chosen that method of proving he was a peaceable, law- abiding individual. United States v. Giese, 597 F.2d 1170, 1190\u201391 (9th Cir. 1979) The government has limited discovery to date regarding the nature of the sexual harassment that resulted in defendant\u2019s termination from UCI. However, there is public reporting of his Case 8:16-cr-00036 Document 58 Filed 06/09/18 Page 7 of 11 Page #:589 Polequaptewa 9 Case: 19-50231, 02/08/2021, ID: 11996306, DktEntry: 43, Page 9 of 15 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 termination. Bobby Lee, Former Irvine employee Nikishna Polequaptewa found to have violated Policy on Sexual Harassment, The Daily Californian, irvine-employee-nikishna-polequaptewa-found-violated-uc-policy- sexual-harassment/ (last visited June 9, 2018). The incident described in the article is certainly troubling but not on the scale of the celebrity cases cited to in defendant\u2019s motion 55 at 7). Defendant and counsel are privy to more details about the termination as it is the government\u2019s understanding that counsel represented defendant in the administrative proceedings before UCI. That said, defendant\u2019s arguments regarding unfair prejudice are overstated. Regardless, defendant should be not be permitted to falsely suggest facts about his pertinent traits without the government able to respond At the outset, the government does not believe that the forensic examiners at issue require notice under Fed. R. Crim. Proc. 16(a)(1)(G). These examiners will describe, among other things, how they extracted data from Blue Stone\u2019s Mac Pro desktop and the MacBook Pro laptop (which was addressed earlier) as well as their findings. Defendant\u2019s motion fails to explain how he has been prejudiced. It is undisputed that the MacPro desktop was wiped 56 at 3-4 (\u201cDefendant enabled a two-factor authentication to prevent further unlawful access, which allegedly caused a \u2018wipe command\u2019 to be issued that allegedly caused the deletion of files from a desktop computer at Blue Stone.\u201d).) Moreover, defendant has been aware of the data Case 8:16-cr-00036 Document 58 Filed 06/09/18 Page 8 of 11 Page #:590 Polequaptewa 10 Case: 19-50231, 02/08/2021, ID: 11996306, DktEntry: 43, Page 10 of 15 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 extracted from the MacBook Pro laptop and the lack of data in the MacPro desktop since June 2016 and October 2017. With some specificity as to what defendant needs to do, the government may have no objection to a brief continuance to permit defendant\u2019s investigation. However, the motion fails to demonstrate what defendant would like to do now that he has not already done. According to defense counsel, defendant\u2019s expert has already reviewed the discovery and analyzed it. In addition, defendant informed the Court and the government that he was prepared to proceed to trial on May 26, 2018. Ultimately, there has been no showing of prejudice in defendant\u2019s motion. Defendant\u2019s objection to the government\u2019s \u201cexpert\u201d disclosures misstates the record. Defendant\u2019s objection should be overruled because the government\u2019s disclosures (to the extent required) were timely. First, the government disclosed with forensic reports in June 2016 and October 2017 that: (1) Blue Stone\u2019s Mac Pro desktop was wiped by an Apple command that defendant executed and (2) the items seized from the MacBook Pro laptop. (Mittal Decl. \u00b6 2.) That discovery clearly demonstrated what the government\u2019s forensic analysis was. The government also made the MacPro desktop and MacBook Pro laptop available for defendant\u2019s review in June 2016. (Id.) Second, as the parties informed the Court\u2019s courtroom deputy clerk, the parties engaged in plea negotiations following the denial of the motion to suppress in May 2018 and had reached an agreement in principle even requesting change of plea dates from the Court\u2019s clerk. (Id.) Then, on Saturday, May 26, 2018, defense counsel informed the Court\u2019s clerk that there would not be a resolution and \u201cthe defense [was] prepared to proceed to trial.\u201d (Id.) On May 28, Case 8:16-cr-00036 Document 58 Filed 06/09/18 Page 9 of 11 Page #:591 Polequaptewa 11 Case: 19-50231, 02/08/2021, ID: 11996306, DktEntry: 43, Page 11 of 15 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2018 (Memorial Day), defense counsel provided a resume of Neil Broom and stated in an email that there was no report but his understanding was that Mr. Broom has reviewed the discovery and will testify as to \u201calternative explanations for the supposed deletion of material.\u201d (Id.) In that email, counsel also stated that he would get the government more \u201cASAP.\u201d (Id.) The government requested additional notice that day from defendant regarding Neil Broom and notified defendant that it would have expert disclosures that week. (Id.) On June 1, 2018, to the extent it was required, the government provided formal notice with a summary report regarding an examiner that extracted data from the wiped MacPro desktop, and, on June 4, 2018, the government provided formal notice with a summary report regarding an examiner that extracted data from the MacBook Pro laptop. (Id.) In these notices, the government requested reciprocal notice as to Mr. Broom\u2019s testimony. (Id.) The government received no response. (Id.) Then, on June 8, 2018, the government advised defendant that it intended to move orally to exclude the testimony of Neil Broom at the June 11, 2018, status conference and requested to know if defendant intended to call him or whether defendant would plan to provide the required notice on June 8, 2018. (Id.) Defense counsel informed the government that he had been out of the office all week on other matters and his associate just saw the government\u2019s expert notice on June 8, 2018. (Id.) Later in the day, defense counsel\u2019s associate provided a summary of Mr. Broom\u2019s testimony.3 (Id.) The government attempted to meet and confer with defendant on these 3 The government is still evaluating whether the disclosure is sufficient. Oddly, defendant is moving to exclude his own expert. Case 8:16-cr-00036 Document 58 Filed 06/09/18 Page 10 of 11 Page #:592 Polequaptewa 12 Case: 19-50231, 02/08/2021, ID: 11996306, DktEntry: 43, Page 12 of 15 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 issues on June 8, 2018, but the government got no response from its requests to meet and confer on these issues. (Id.) With the government\u2019s discovery in June 2016 and October 2017, defendant has had sufficient notice to investigate the government\u2019s forensic analysis. Moreover, the government made both digital devices available to defendant in June 2016. That said, the government only received a request for expert disclosures on May 28, 2018, to the extent defendant\u2019s email was a request. Fed. R. Crim. P. 16(a)(1)(G)(\u201cAt the defendant's request, the government must give to the defendant a written summary of any testimony that the government intends to use under Rules 702, 703, or 705 of the Federal Rules of Evidence during its case-in-chief at trial.\u201d (emphasis added)). Defendant never objected to getting the expert disclosures after May 28, 2018, until June 8, 2018. Had counsel asked the government about the status of its disclosures, the government would have provided an update. Moreover, the government has been working closely with counsel\u2019s associate on trial issues (including jury instructions and other pretrial filings) and never in those communications has defense counsel raised a concern about the disclosures. Given the record, a claim of untimely notice is unsupported For the foregoing reasons, defendant\u2019s motions in limine should be denied. Case 8:16-cr-00036 Document 58 Filed 06/09/18 Page 11 of 11 Page #:593 Polequaptewa 13 Case: 19-50231, 02/08/2021, ID: 11996306, DktEntry: 43, Page 13 of 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, Vibhav Mittal, declare as follows: 1 am one of the attorneys assigned to represent the United States in this matter. 2. The government disclosed forensic reports in June 2016 and October 2017 related to Blue Stone\u2019s Mac Pro desktop and the items seized from the MacBook Pro laptop. The government also made the MacPro desktop and MacBook Pro laptop available for defendant\u2019s review in June 2016. The parties informed the Court\u2019s courtroom deputy clerk that they were engaged in plea negotiations following the denial of the motion to suppress in May 2018 and had reached an agreement in principle even requesting change of plea dates from the Court\u2019s clerk. Then, on Saturday, May 26, 2018, defense counsel informed the Court\u2019s clerk that there would not be a resolution and \u201cthe defense is prepared to proceed to trial.\u201d On May 28, 2018, defense counsel provided me a resume of Neil Broom and stated in an email that there was no report but his understanding was that Mr. Broom has reviewed the discovery and will testify as to \u201calternative explanations for the supposed deletion of material.\u201d In that email, counsel also stated that he would get the government more \u201cASAP.\u201d The government requested additional notice that day from defendant regarding Neil Broom and notified defendant that it would have expert disclosures that week. On June 1, 2018, to the extent it was required, the government provided formal notice with a summary report regarding an examiner that extracted data from the wiped MacPro desktop, and, on June 4, 2018, the government provided formal notice with a summary report regarding an examiner that extracted data from the MacBook Pro laptop. In these notices, the government requested Case 8:16-cr-00036 Document 58-1 Filed 06/09/18 Page 1 of 2 Page #:594 Polequaptewa 14 Case: 19-50231, 02/08/2021, ID: 11996306, DktEntry: 43, Page 14 of 15 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 reciprocal notice as to Mr. Broom\u2019s testimony. The government received no response. Then, on June 8, 2018, the government advised defendant in an email that it intended to move orally to exclude the testimony of Neil Broom at the June 11, 2018, status conference and requested to know if defendant intended to call him or whether defendant would plan to provide the required notice on June 8, 2018. In response, defense counsel informed the government that he had been out of the office all week on other matters and his associate just saw the government\u2019s expert notice on June 8, 2018. Later in the day, defense counsel\u2019s associate provided a summary of Mr. Broom\u2019s testimony. The government attempted to meet and confer with defendant on these issues on June 8, 2018, but the government got no response from its requests to meet and confer on these issues declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct and that this declaration is executed at Santa Ana, California, on June 9, 2018 Case 8:16-cr-00036 Document 58-1 Filed 06/09/18 Page 2 of 2 Page #:595 Polequaptewa 15 Case: 19-50231, 02/08/2021, ID: 11996306, DktEntry: 43, Page 15 of 15"} |
7,542 | Patrick Walders | San Diego State University | [
"7542_101.pdf",
"7542_102.pdf",
"7542_103.pdf",
"7542_104.pdf",
"7542_105.pdf"
] | {"7542_101.pdf": "Professor Has Racked Up Disturbing Complaints From Students by Kinsee Morlan April 19, 2018 San Diego State University\u2019s Performing Arts Plaza / Photo by Adriana Heldiz San Diego State University\u2019s Performing Arts Plaza / Photo by Adriana Heldiz This story has been updated. When she was studying music at San Diego State in 2014, Jasmine Gonzalez says one of her professors made a humiliating request. Gonzalez has brittle bone disease and uses a wheelchair to get around. Yet the professor asked her not to use the wheelchair lift, a mechanical device like a small elevator, to access the classroom. She asked if he wanted her to crawl down the stairs. He asked if someone could carry her down instead. She didn\u2019t feel comfortable with either option, but the professor was so insistent she not use the lift, she relented, and crawled down the stairs had to ask some stranger to carry my wheelchair down, and they did,\u201d Gonzalez said. \u201cIt was mortifying.\u201d Two fellow students who were in the class that day confirmed Gonzalez\u2019s account. That professor was Patrick Walders, the director of choral studies at who is currently on paid administrative leave pending a separate investigation related to an allegation he had a sexual relationship with one of his female students. 2/17/25, 1:18 Professor Has Racked Up Disturbing Complaints From Students | Voice of San Diego 1/6 Walders also runs a choral nonprofit with his wife and works with other performance and church choir groups in San Diego. He\u2019s a prominent figure in the choral world locally and nationally, and he recently made his debut as conductor of the La Jolla Symphony & Chorus. He told the Union-Tribune the new position is a \u201cbenchmark in my career.\u201d Walders is now working alongside La Jolla Symphony & Chorus music director Steven Schick, one of the most lauded musicians and conductors in San Diego. But over the past several months, former coworkers and students of Walders have come forward to share stories of how they say he wields his influence in inappropriate, sometimes disturbing ways. Multiple people told Voice of San Diego they were bullied by Walders. Emails and phone calls to Walders were not returned. In a written statement, Walders\u2019 lawyer, Matthew English, said any student with complaints about Walders should use the university\u2019s internal grievance procedure: \u201cAny of Dr. Walders\u2019 students who have elected to do so have had their grievances heard and resolved. Dr. Walders has no comment about any individual grievant; such matters are the private and personal concern of the individual student.\u201d In the fall of 2015, Gonzalez had another uncomfortable run-in with Walders. At a choir concert rehearsal at College Avenue Baptist Church, Walders asked her if she could leave the stage by going down the ramp facing forward in her wheelchair instead of backward. She told him she has more control, and felt safer going down the ramp backward, as she had been doing. She said Walders insisted she instead face forward down the ramp, because he said it looked bad having her going backward and would make the audience worry. The day of the choir\u2019s performance at the church, Walders told Gonzalez that she would either have to go down the ramp facing forward or remain onstage in the back corner until the end of the performance. Gonzalez said sitting on stage by herself during songs she wasn\u2019t involved in would make her feel uncomfortable, but she said Walders threatened to fail her if she refused. So she hid in a corner onstage while other students performed. She said she felt singled out because of her disability. \u201cHe made me feel humiliated and ostracized,\u201d she said. Carly Cummings, a student who also performed in the church concert, confirmed Gonzalez\u2019s account. 2/17/25, 1:18 Professor Has Racked Up Disturbing Complaints From Students | Voice of San Diego 2/6 After the concert, Gonzalez filed a complaint with SDSU, alleging Walders discriminated against her because of her disability. There are federal and state laws, plus California State University policy, protecting students from harassment and discrimination, and requiring public universities to quickly and effectively investigate all claims. In April 2016, Gonzalez got the official results of SDSU\u2019s investigation. In the document, obtained by Voice of San Diego investigators called the behavior \u201chighly inappropriate\u201d but said \u201cthe behavior more than likely angered and/or upset Gonzalez, which does not constitute an adverse action\u201d and noted the investigation \u201cdid not reveal any evidence to substantiate that Walders engaged in behavior that was discriminatory left San Diego State after that,\u201d Gonzalez said. Relationships With Students Not long after Gonzalez\u2019s troubles with Walders, another female student had a very different experience. In 2016, Walders was having a sexual relationship with a graduate choral student, according to a copy of a Title investigation obtained by Voice of San Diego investigators found that Walders and the student were engaged in a consensual relationship that violated a California State University policy barring professors from being in relationships with students they oversee. The school has yet to discipline Walders officials would not comment on the case, citing employee privacy rights. \u201cDr. Walders is not at liberty to discuss the details of any ongoing administrative proceeding at SDSU,\u201d English, Walders\u2019 attorney, wrote in a statement. \u201cHe respects the integrity of the administrative processes, and wishes to allow any current matter to proceed unimpeded to a fair and just conclusion.\u201d The student Walders had an affair with spoke with but asked to remain anonymous because of the professor\u2019s influence on her professional career. She said the sexual affair started after a night when Walders invited her to join him for drinks. \u201cHe claimed that he didn\u2019t start seeing me as attractive until had recently \u2018turned the corner\u2019 in my conducting and singing and had come into my own,\u201d she said via email. \u201cThis forever imprinted the association in my mind between his professional approval of my skill set and his sexual attention. We began a sexual relationship that lasted a few months.\u201d 2/17/25, 1:18 Professor Has Racked Up Disturbing Complaints From Students | Voice of San Diego 3/6 The school was first notified of the relationship after another student anonymously reported it in early 2017. That student, Michael Sakell, is friends with the female student and was Walders\u2019 graduate teaching assistant. As a school employee, he was a mandated reporter, obligated to report harassment and other serious incidents to the school. The investigation didn\u2019t really begin, though, until Sakell later walked in on Walders and the female student kissing during a school trip to Austria, according to the investigation document. Sakell also confirmed the account to Voice of San Diego. The father of the female student involved reported the incident to SDSU, and the student cooperated with the investigation. She said told her she should refrain from making public comments about the investigation until it was completed. The student said that after the affair, she lost 20 pounds and became severely depressed. She said she now realizes Walders\u2019 \u201cpenchant for using his position of power to manipulate,\u201d and she regrets the relationship, even though it was consensual at the time. She has since left San Diego should emphasize that do not feel like a victim, nor do believe that any of my actions with Patrick were non-consensual in the traditional sense,\u201d she wrote in an email know that am certainly not the first young woman he has preyed upon, but am very hopeful that will be the last. As long as he is allowed to work with organizations to which he has access to young women who are trying to advance their careers, are seeking a mentor, he will continue to be a predator.\u201d Walders is married to one of his former students. He taught in the music department at James Madison University in Virginia from 2004-2011, according to his bio. Katie Walders, his wife, was a music student at James Madison University from 2004 to 2008, according to her LinkedIn profile. \u201cDr. Walders and his wife never dated while she was his student. Any such rumor to that effect is false,\u201d English wrote in a statement. Another former student at James Madison University talked to confirmed she had a one-time sexual encounter with Walders while she was studying music under him. She also asked to remain anonymous, citing concerns about professional opportunities. She said she had sex with Walders one night after he asked her to come to his home to help him learn to speak French. James Madison University prohibits intimate relationships between faculty members and students in their classes or under their supervision. \u201cHe was my biggest mentor,\u201d she said. \u201cThe anxiety after we slept together was crippling was vomiting the next week \u2014 two or three times don\u2019t throw up from anxiety. That doesn\u2019t happen to me. It was awful.\u201d 2/17/25, 1:18 Professor Has Racked Up Disturbing Complaints From Students | Voice of San Diego 4/6 \u2018He Targeted People\u2019 Some professorial candidates at have to teach a mock lecture or exhibit lesson plans before they\u2019re hired. Siobahn Sung was an undergraduate student involved in a mock rehearsal and performance of a piece Walders conducted during his interview process in 2011. She said she had awkward encounters with him during that process and found some of his comments inappropriate, so she was vocal that the university shouldn\u2019t hire him. He got the job anyway. Because she was a music major, Sung had to take choir classes with Walders once he was hired. Sung said Walders required her to work in the choral library for 100 hours to complete her major. That meant she was required to spend even more time with him, and often it was just the two of them. She said Walders bullied her from the moment he started working at SDSU. \u201cEverybody who was at school at that time, they would say, \u2018Patrick has a vendetta for you,\u2019\u201d she said. Sung said Walders quickly became known among music majors as a professor with a bad temper who would favor some students, and single out others. Jess Barrera, another former student of Walders\u2019, had a similar assessment. \u201cIf you were on his good side and you did everything he asked, you got the good gigs and the special treatment,\u201d Barrera said. \u201cAnd if you went against him, it was just hell talked to seven other former students and coworkers who said similar things about Walders and his temper. Michiko Lohorn, a former staff accompanist at who worked with Walders, said \u201che\u2019s a person who wields power ungraciously.\u201d \u201cHe had a super temper and would just lose it,\u201d Lohorn said. \u201cHe would just get livid about stuff.\u201d Allyson Glaser was a student at who took choir courses with Walders. Glaser grew up secular Jewish and said she wasn\u2019t comfortable with Walders\u2019 religious song choices, nor with performing at the Baptist church near the school where he often scheduled concerts. Glaser said instead of bringing secular songs into the mix, Walders had her work in the music library when the rest of the students were rehearsing religious songs. At performances, she said he made her walk on and off the stage alone when the choir sang secular songs. She said the experience has given her performance anxiety. 2/17/25, 1:18 Professor Has Racked Up Disturbing Complaints From Students | Voice of San Diego 5/6 This site uses Akismet to reduce spam. Learn how your comment data is processed. \u00a9 2025 Voice of San Diego. All rights reserved. Powered by Newspack started getting panic attacks after that,\u201d she said. Brandon Thibeault, another former student, had similar grievances when it came to Walders\u2019 requirements to perform in churches. Thibeault said Walders required his class to participate in a church service as part of a performance told him that was uncomfortable participating in a church service and would not be in attendance for the \u2018optional\u2019 service, and when didn\u2019t show up to the gig told him would not be attending for those reasons, he failed me,\u201d Thibeault said via Facebook messenger. He said he filed a grievance with SDSU\u2019s student ombudsman, and said the investigators concluded that he should have been allowed to drop the course \u2013 but that Walders was not disciplined declined to confirm or deny Thibeault\u2019s account, but an employee at the school who was involved in the grievance process confirmed the incident. \u201cThe school still didn\u2019t take any action on that,\u201d Thibeault wrote. It\u2019s not clear what will do, if anything, in response to its finding that Walders violated the policy barring relationships between professors and students they oversee policy only says Walders is \u201csubject to discipline commensurate with the violation.\u201d Update: After this story was published, the La Jolla Symphony & Chorus placed Walders on administrative leave until further notice, Diane Salisbury, the group\u2019s executive director, confirmed Friday. 2/17/25, 1:18 Professor Has Racked Up Disturbing Complaints From Students | Voice of San Diego 6/6", "7542_102.pdf": "The Daily Aztec \u2022 September 19, 2018 \u2022 suit-against-former-students-alleging-affair/ Audio Coming Soon Choral professor drops suit against a former student alleging affair by David Santillan, Assistant News Editor San Diego State music professor Patrick Walders has dropped the defamation lawsuit against a former student. Courtesy photo Choral studies professor Patrick Walders will be dropping his lawsuit against two of his former graduate students. Walders had filed a lawsuit in April, accusing his former students Michael Sakell and Jess Barrera of defamation, claiming they had spread misinformation to his colleagues and other professionals regarding an alleged sexual relationship he had with one of his female students. While Walders remains on administrative leave from his post as an associate professor and director of choral studies at SDSU, he filed a motion to drop the lawsuit against Sakell without \u201cprejudice,\u201d which means he could still potentially pursue the lawsuit in the future. Walders is seeking a default judgment against Barrera, who did not respond to his original motion. Walders was accused of sexual misconduct in February of last year, after his then teaching assistant Sakell claimed to have walked in on him and another female student kissing during a university-sponsored trip to Austria. He was placed on paid administrative leave shortly thereafter while officials investigated the matter. Soon, after being placed on administrative leave from SDSU, the executive director of the La Jolla Symphony & Chorus announced that they were also placing Walders on leave until further notice. According to public court files, Sakell submitted a copy of the university\u2019s investigation, revealing that the alleged affair began between the student and the married Walders on fall of 2016. At the time, the student had been a graduate assistant for Walders and was in four of his classes. It wasn\u2019t until 2017, when Sakell walked in on an intimate encounter between the pair, that the affair ended. The student cut her trip short and immediately returned to the United States after the incident. Sakell\u2019s lawyer Nicholas Moore issued a statement that said Walders\u2019 motion to dismiss the lawsuit demonstrated that Sakell is an honest person \u201cwho spoke truth to power.\u201d In a statement made to the San Diego Union Tribune, Walders\u2019 attorney Matthew English said his client had dropped the lawsuit in order to focus on administrative proceedings at SDSU. The proceedings will determine what course of disciplinary action the university will take, if any. Neither the status of the investigation, which falls under the provisions of Title IX, nor information regarding the administrative proceedings has been made public spokesperson La Monica Everett-Haynes confirmed via email on Sept. 6 that Walders remains on staff, but is currently not overseeing the choirs or conducting. Walders started teaching at in 2011 and has faced numerous complaints throughout his time with the university. They ranged from students saying he had a bad temper and showed favoritism, to some saying they felt humiliated by him. Jasmine Gonzalez, a former student of Walders, felt humiliated when he asked her not to use the wheelchair lift, instead either crawling down the stairs or having someone carry her. Gonzalez eventually filed a complaint with the university, saying that Walders singled her out due to her disability. Officials conducted an investigation, but failed to discipline the professor and only calling his behavior inappropriate. Another former student said Walders failed him simply because he didn\u2019t feel comfortable singing religious music. The student said he also filed a grievance with SDSU, but said Walders was never disciplined. Similar complaints from other students followed, but it wasn\u2019t until a sexual misconduct allegation was made that university began investigating. It remains unclear when the administrative proceedings will end or what decision the university will take. Editor\u2019s Note: This story has been updated to match the printed version and to correct an earlier online version that mentioned the lawsuit being dropped for both students instead of one, and to correct Title to Title IX. We apologize for the error and confusion.", "7542_103.pdf": "By By UPDATED: UPDATED: April 2, 2018 at 5:39 April 2, 2018 at 5:39 San Diego Union-Tribune San Diego Union-Tribune choral studies director choral studies director suspended with pay amid suspended with pay amid allegations of affair with student allegations of affair with student 2/17/25, 1:18 choral studies director suspended with pay amid allegations of affair with student \u2013 San Diego Union-Tribune 1/5 San Diego State University\u2019s director of choral studies, Patrick Walders, San Diego State University\u2019s director of choral studies, Patrick Walders, has been suspended with pay from his teaching duties for more than a has been suspended with pay from his teaching duties for more than a year as school officials investigate allegations of an affair with a student. year as school officials investigate allegations of an affair with a student. Details of the allegations, and references to the complaint and Walders\u2019 Details of the allegations, and references to the complaint and Walders\u2019 paid suspension were disclosed in court records for a civil action Walders paid suspension were disclosed in court records for a civil action Walders filed last year in San Diego Superior Court. filed last year in San Diego Superior Court. Walders continues to hold his job at and the Union-Tribune could Walders continues to hold his job at and the Union-Tribune could find no evidence that the school has taken any disciplinary action find no evidence that the school has taken any disciplinary action against him. against him. Patrick Walders, the director of choral studies at San Diego State University, Patrick Walders, the director of choral studies at San Diego State University, has been on paid suspension from his teaching duties for more than a year as has been on paid suspension from his teaching duties for more than a year as school officials investigate a complaint stemming from an alleged sexual school officials investigate a complaint stemming from an alleged sexual relationship with a female student, an investigation by the San Diego Union- relationship with a female student, an investigation by the San Diego Union- Tribune has found. Tribune has found. Walders, 43, has worked at since 2011, according to his Walders, 43, has worked at since 2011, according to his faculty page faculty page on on the university\u2019s website as of Friday. In addition to his job at the university \u2014 the university\u2019s website as of Friday. In addition to his job at the university \u2014 which he still holds \u2014 he has an active career as a professional conductor and which he still holds \u2014 he has an active career as a professional conductor and vocalist. He serves as the choral director at La Jolla Symphony & Chorus, vocalist. He serves as the choral director at La Jolla Symphony & Chorus, where he debuted with much fanfare earlier this month. where he debuted with much fanfare earlier this month. The complaint, filed early last year under a civil rights law known as Title IX, is The complaint, filed early last year under a civil rights law known as Title IX, is not a public record and the university does not comment on personnel not a public record and the university does not comment on personnel matters. matters. However, the existence of the Title complaint stemming from Walders\u2019 However, the existence of the Title complaint stemming from Walders\u2019 alleged sexual relationship with a student was made public in sworn court alleged sexual relationship with a student was made public in sworn court records that a teaching assistant filed in San Diego Superior Court opposing records that a teaching assistant filed in San Diego Superior Court opposing an effort by Walders to gain a restraining order against him. an effort by Walders to gain a restraining order against him. Title sets standards for investigating allegations of gender-based Title sets standards for investigating allegations of gender-based discrimination and sexual harassment and misconduct at colleges and discrimination and sexual harassment and misconduct at colleges and universities that receive federal funds. universities that receive federal funds. University policy governing consensual sexual relationships between University policy governing consensual sexual relationships between employees and students forbids such relationships when an employee employees and students forbids such relationships when an employee exercises or influences significant academic, supervisory, administrative or exercises or influences significant academic, supervisory, administrative or other specified authority over the student or fellow employee with whom they other specified authority over the student or fellow employee with whom they are sexually involved. are sexually involved. 2/17/25, 1:18 choral studies director suspended with pay amid allegations of affair with student \u2013 San Diego Union-Tribune 2/5 The school\u2019s investigation under Title will help officials determine the The school\u2019s investigation under Title will help officials determine the nature of Walders\u2019 relationship with the student and whether it violated nature of Walders\u2019 relationship with the student and whether it violated school policies. school policies. Christine Hutchins, a spokeswoman for SDSU, told the Union-Tribune on Christine Hutchins, a spokeswoman for SDSU, told the Union-Tribune on Tuesday that Walders remained on the university\u2019s faculty, but \u201cis currently Tuesday that Walders remained on the university\u2019s faculty, but \u201cis currently not overseeing the choirs nor conducting.\u201d not overseeing the choirs nor conducting.\u201d Hutchins did not answer the Union-Tribune\u2019s other questions, including Hutchins did not answer the Union-Tribune\u2019s other questions, including inquiries about Walders\u2019 employment status, the Title complaint or inquiries about Walders\u2019 employment status, the Title complaint or whether the university had received any similar complaints about his whether the university had received any similar complaints about his conduct. She would only say that \u201cthe university does not comment on conduct. She would only say that \u201cthe university does not comment on personnel matters.\u201d personnel matters.\u201d Walders\u2019 attorney, Matthew English, responded Tuesday to the Union- Walders\u2019 attorney, Matthew English, responded Tuesday to the Union- Tribune\u2019s questions for this article with a short statement on behalf of his Tribune\u2019s questions for this article with a short statement on behalf of his client. client. \u201cDr. Walders is not at liberty to discuss the details of his administrative leave, \u201cDr. Walders is not at liberty to discuss the details of his administrative leave, other than to confirm the fact of it,\u201d the statement said. \u201cDr. Walders wants to other than to confirm the fact of it,\u201d the statement said. \u201cDr. Walders wants to respect the integrity of the process, and allow it to proceed to conclusion respect the integrity of the process, and allow it to proceed to conclusion unimpeded.\u201d unimpeded civil action Walders filed last year in San Diego Superior Court against his civil action Walders filed last year in San Diego Superior Court against his teaching assistant at the time contains sworn statements that disclose the teaching assistant at the time contains sworn statements that disclose the existence of the complaint, and some of the details surrounding it. existence of the complaint, and some of the details surrounding it. Walders filed paperwork on March 17, 2017 in San Diego Superior Court to Walders filed paperwork on March 17, 2017 in San Diego Superior Court to request a civil harassment restraining order against Michael Sakell, 27, request a civil harassment restraining order against Michael Sakell, 27, Walders\u2019 graduate teaching assistant and student at the time, court records Walders\u2019 graduate teaching assistant and student at the time, court records show. Walders said in a sworn statement that he feared for his safety and the show. Walders said in a sworn statement that he feared for his safety and the safety of his wife and daughter after Sakell allegedly threatened him during safety of his wife and daughter after Sakell allegedly threatened him during an SDSU-sponsored trip to a seminar in Austria in February 2017. an SDSU-sponsored trip to a seminar in Austria in February 2017. Walders said Sakell interrupted a \u201cprivate conversation\u201d Walders was having Walders said Sakell interrupted a \u201cprivate conversation\u201d Walders was having with \u201cone of the attendees at the seminar, a woman who later learned Mr. with \u201cone of the attendees at the seminar, a woman who later learned Mr. Sakell had an interest in,\u201d Walders wrote in the statement. Sakell apparently Sakell had an interest in,\u201d Walders wrote in the statement. Sakell apparently \u201cjumped to some conclusions in his mind\u201d and reacted in an emotional, \u201cjumped to some conclusions in his mind\u201d and reacted in an emotional, aggressive way that Walders said made him feel concerned for his and the aggressive way that Walders said made him feel concerned for his and the woman\u2019s safety. woman\u2019s safety. 2/17/25, 1:18 choral studies director suspended with pay amid allegations of affair with student \u2013 San Diego Union-Tribune 3/5 Later, Walders wrote in the statement, Sakell contacted some of Walders\u2019 Later, Walders wrote in the statement, Sakell contacted some of Walders\u2019 \u201cprofessional colleagues\u201d and told them the \u201c\u2019details\u2019 of whatever conclusion \u201cprofessional colleagues\u201d and told them the \u201c\u2019details\u2019 of whatever conclusion he apparently reached when he first walked in upon my conversation in he apparently reached when he first walked in upon my conversation in Austria.\u201d Walders went on to tell the court he believed Sakell \u201capproached the Austria.\u201d Walders went on to tell the court he believed Sakell \u201capproached the university and made wild accusations that have led to my being suspended university and made wild accusations that have led to my being suspended with pay pending investigation.\u201d with pay pending investigation.\u201d Walders also accused Sakell in the sworn court records of contacting his wife Walders also accused Sakell in the sworn court records of contacting his wife to make similar allegations, causing her to feel uncomfortable and unsafe. to make similar allegations, causing her to feel uncomfortable and unsafe. Walders told the court that the accusations had also harmed his career, with Walders told the court that the accusations had also harmed his career, with sponsors canceling scheduled choral events in the San Diego area or his sponsors canceling scheduled choral events in the San Diego area or his participation in them because they wanted to distance themselves from \u201cthe participation in them because they wanted to distance themselves from \u201cthe situation\u201d until it was resolved. situation\u201d until it was resolved. Sakell\u2019s attorney, Nicholas Moore, filed a statement with the court April 5, Sakell\u2019s attorney, Nicholas Moore, filed a statement with the court April 5, 2017 on Sakell\u2019s behalf. The statement said Sakell denied the allegations 2017 on Sakell\u2019s behalf. The statement said Sakell denied the allegations against him and said that he had not made false statements to anyone about against him and said that he had not made false statements to anyone about what he witnessed in Austria. what he witnessed in Austria. The statement went on to say that Walders\u2019 description of the event as a The statement went on to say that Walders\u2019 description of the event as a \u201cprivate conversation\u201d was \u201cat best a euphemism, and at minimum an \u201cprivate conversation\u201d was \u201cat best a euphemism, and at minimum an intentional misrepresentation of the sexual acts (Walders) was engaged in at intentional misrepresentation of the sexual acts (Walders) was engaged in at the time\u201d with the woman, who was one of Sakell\u2019s fellow students. the time\u201d with the woman, who was one of Sakell\u2019s fellow students. He also denied Walders\u2019 allegation that Sakell had made a report to the He also denied Walders\u2019 allegation that Sakell had made a report to the university that resulted in Walders\u2019 paid suspension. university that resulted in Walders\u2019 paid suspension. Walders\u2019 \u201csuspension from his university position stems from a report the Walders\u2019 \u201csuspension from his university position stems from a report the female student, not (Sakell) made to Title regarding the inappropriate female student, not (Sakell) made to Title regarding the inappropriate relationship between that female student and (Walders),\u201d Moore wrote in the relationship between that female student and (Walders),\u201d Moore wrote in the statement. statement. As for the allegation that Sakell had contacted Walders\u2019 wife, Moore told the As for the allegation that Sakell had contacted Walders\u2019 wife, Moore told the court Walders\u2019 wife had approached Sakell, who she had known for years, to court Walders\u2019 wife had approached Sakell, who she had known for years, to ask what happened \u2014 and Sakell claimed he had the text messages to prove ask what happened \u2014 and Sakell claimed he had the text messages to prove she contacted him. The text messages were not included in the public court she contacted him. The text messages were not included in the public court file. file. The court records did not name the female student. The court records did not name the female student Superior Court judge ultimately denied Walders\u2019 request for a restraining Superior Court judge ultimately denied Walders\u2019 request for a restraining order against Sakell, because Walders did not meet the high burden of proof order against Sakell, because Walders did not meet the high burden of proof required, according to a ruling filed in April 2017. required, according to a ruling filed in April 2017. 2/17/25, 1:18 choral studies director suspended with pay amid allegations of affair with student \u2013 San Diego Union-Tribune 4/5 2018 2018 \ue907 \ue907March March \ue907 \ue90730 30 Originally Published: Originally Published: March 30, 2018 at 8:20 March 30, 2018 at 8:20 Though Walders is not currently overseeing choirs at SDSU, he continues his Though Walders is not currently overseeing choirs at SDSU, he continues his work outside the university, as choral director at La Jolla Symphony & Chorus. work outside the university, as choral director at La Jolla Symphony & Chorus. Diane Salisbury, executive director of the La Jolla Symphony & Chorus, Diane Salisbury, executive director of the La Jolla Symphony & Chorus, provided a statement in response to the Union-Tribune\u2019s request for provided a statement in response to the Union-Tribune\u2019s request for comment on the allegations against Walders. comment on the allegations against Walders. \u201cThe management and board of the La Jolla Symphony & Chorus are aware of \u201cThe management and board of the La Jolla Symphony & Chorus are aware of the allegation, understand it is being investigated and are awaiting the the allegation, understand it is being investigated and are awaiting the decision of so we can determine what action we will take, if any,\u201d the decision of so we can determine what action we will take, if any,\u201d the statement said. \u201cThe La Jolla Symphony & Chorus takes all such allegations statement said. \u201cThe La Jolla Symphony & Chorus takes all such allegations seriously. In the meantime, the work of the continues as usual.\u201d seriously. In the meantime, the work of the continues as usual.\u201d morgan.cook@sduniontribune.com morgan.cook@sduniontribune.com 2/17/25, 1:18 choral studies director suspended with pay amid allegations of affair with student \u2013 San Diego Union-Tribune 5/5", "7542_104.pdf": "Reference List Excluded: Not about screening program Aalto-Setala T, Marttunen M, Tuulio-Henriksson A, Poikolainen K, Lonnqvist J. One-month prevalence of depression and other disorders among young adults. Psychol Med. 2001 Jul;31(5):791-801. Aben I, Verhey F, Strik J, Lousberg R, Lodder J, Honig comparative study into the one year cumulative incidence of depression after stroke and myocardial infarction Neurol Neurosur Ps. 2003;74(5):581-5. Abolfotouh MA, Daffallah AA, Khan MY, Khattab MS, Abdulmoneim I. Psychosocial assessment of geriatric subjects in Abha City, Saudi Arabia. East Mediterr Health J. 2001 May;7(3):481-91. 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Screening for depression in hospitalised and community-dwelling elderly: The use of the 4-item, 5-item and 15-item geriatric depression scales. Australas Ageing. 2006 Dec;25(4):204-8. Olfson M, Broadhead WE, Weissman MM, Leon AC, Farber L, Hoven C, et al. Subthreshold psychiatric symptoms in a primary care group practice. Arch Gen Psychiatry. 1996 Oct;53(10):880-6. Osterman RL, Ribak J, Bohn CM, Fargo JD, Sommers MS. Screening for hazardous/harmful drinking and depressive symptoms in an at-risk emergency department population Addict Nurs. 2009 Mar;20(1):34- 40. Pailler ME, Cronholm PF, Barg FK, Wintersteen MB, Diamond GS, Fein JA. Patients' and caregivers' beliefs about depression screening and referral in the emergency department. Pediatr Emerg Care. 2009;25(11):721-7. Patten SB, Lavorato DH, Metz LM. Clinical correlates of depressive symptom ratings in an population. Gen Hosp Psychiatry. 2005 Nov;27(6):439-45. Picot MC, Abbar M, Chevalier A, Chastang JF, Luce D, Bonenfant S. Psychotropic drug use and associated factors in a professional environment. Encephale. 1996 Nov;22(6):403-8. Price SK, Proctor rural perspective on perinatal depression: Prevalence, correlates, and implications for help-seeking among low-income women Rural Health. 2009;25(2):158-66. Rumble S, Swartz L, Parry C, Zwarenstein M. Prevalence of psychiatric morbidity in the adult population of a rural South African village. Psychol Med. 1996;26(5):997-1007. Scott EG, Luxmore B, Alexander H, Fenn RL, Christopher NC. Screening for adolescent depression in a pediatric emergency department. Acad Emerg Med. 2006 May;13(5):537-42. Seal KH, Bertenthal D, Maguen S, Gima K, Chu A, Marmar CR. Getting beyond \"Don't ask; don't tell\": An evaluation of Veterans Administration postdeployment mental health screening of veterans returning from Iraq and Afghanistan. Am Public Health. 2008 Apr;98(4):714-20. Shah A, Odutoye K, De T. Depression in acutely medically ill elderly inpatients pilot study of early identification and intervention by formal psychogeriatric consultation Affect Disord. 2001 Feb;62(3):233-40. Sibitz I, Berger P, Freidl M, Topitz A, Krautgartner M, Spiegel W, et al. ICD-10 or DSM-IV? Anhedonia, fatigue and depressed mood as screening symptoms for diagnosing a current depressive episode in physically ill patients in general hospital Affect Disord. 2010 Oct;126(1-2):245-51. Snijders AH, Robertson MM, Orth M. Beck Depression Inventory is a useful screening tool for major depressive disorder in Gilles de la Tourette syndrome Neurol Neurosur Ps. 2006 Jun;77(6):787-9. Soares-Filho GL, Freire RC, Biancha K, Pacheco T, Volschan A, Valenca AM, et al. Use of the Hospital Anxiety and Depression Scale (HADS) in a cardiac emergency room: Chest pain unit. Clinics. 2009;64(3):209-14. Sogaard HJ, Bech P. Psychiatric disorders in long-term sickness absence population-based cross- sectional study. Scand Public Health. 2009 Sep;37(7):682-9. Sorsdahl K, Flisher AJ, Ward C, Mertens J, Bresick G, Sterling S, et al. The time is now: Missed opportunities to address patient needs in community clinics in Cape Town, South Africa. Trop Med Int Health. 2010;15(10):1218-26. Sowden G, Mastromauro CA, Januzzi JL, Fricchione GL, Huffman JC. Detection of depression in cardiac inpatients: Feasibility and results of systematic screening. Am Heart J. 2010 May;159(5):780-7. Thompson DA, Leimig R, Gower G, Winsett RP. Assessment of depressive symptoms during post- transplant follow-up care performed via telehealth. Telemed Health. 2009 Sep;15(7):700-6. Upshur C, Weinreb survey of primary care provider attitudes and behaviors regarding treatment of adult depression: What changes after a collaborative care intervention? Prim Care Comp Clin Psychiatr. 2008;10(3):182-6. Vahter L, Kreegipuu M, Talvik T, Gross-Paju K. One question as a screening instrument for depression in people with multiple sclerosis. Clin Rehab. 2007;21(5):460-4. Vahter L, Braschinsky M, Haldre S, Gross-Paju K. The prevalence of depression in hereditary spastic paraplegia. Clin Rehab. 2009 Sep;23(9):857-61. Wada K, Tanaka K, Theriault G, Moriyama M, Satoh T, Aizawa Y. Application of the stratum-specific likelihood ratio (SSLR) analysis to results of a depressive symptoms screening survey among Japanese workers. Soc Psychiatry Psychiatr Epidemiol. 2007 May;42(5):410-3. Wilson B, Spittal J, Heidenheim P, Herman M, Leonard M, Johnston A, et al. Screening for depression in chronic hemodialysis patients: Comparison of the Beck Depression Inventory, primary nurse, and nephrology team. Hemodial Int. 2006 Jan;10(1):35-41. Yackel EE, McKennan MS, Fox-Deise nurse-facilitated depression screening program in an Army primary care clinic: An evidence-based project. Nursing Research. 2010 Jan;59(1:Suppl):Suppl-65. Yohannes AM, Baldwin RC, Connolly MJ. Depression and anxiety in elderly outpatients with chronic obstructive pulmonary disease: Prevalence, and validation of the screening questionnaire. Int Geriatr Psychiatry. 2000 Dec;15(12):1090-6. Excluded: Only about harms of treatment Report of the expert working group on the safety of selective serotonin reuptake inhibitor antidepressants. Medicines and Healthcare Products Regulatory Agency (MHRA); 2004. Ammerman RT, Putnam FW, Stevens J, Bosse NR, Short JA, Bodley AL, et al. An open trial of in-home for depressed mothers in home visitation. Matern Child Health J. 2011 Nov;15(8):1333-41. Blitzer LE, Atchison-Nevel DJ, Kenny MC. Using acupuncture to treat major depressive disorder pilot investigation. Clin Acupuncture Oriental Med. 2003;4(4):144-7. Corey-Lisle PK, Nash R, Stang P, Swindle R. Response, partial response, and nonresponse in primary care treatment of depression. Arch Intern Med. 2004 Jun 14;164(11):1197-204. Dalton SO, Sorensen HT, Johansen C. SSRIs and upper gastrointestinal bleeding: What is known and how should it influence prescribing Drugs. 2006;20(2):143-51. Dobscha SK, Gerrity MS, Corson K, Bahr A, Cuilwik NM. Measuring adherence to depression treatment guidelines in a primary care clinic. Gen Hosp Psychiatry. 2003 Jul;25(4):230-7. Dodd S, Malhi GS, Tiller J, Schweitzer I, Hickie I, Khoo JP, et al consensus statement for safety monitoring guidelines of treatments for major depressive disorder. Aust Psychiatry. 2011 Sep;45(9):712-25. Fergusson D, Doucette S, Glass KC, Shapiro S, Healy D, Hebert P, et al. Association between suicide attempts and selective serotonin reuptake inhibitors: Systematic review of randomised controlled trials. Br Med J. 2005 Feb 19;330(7488):396. Gaynes BN, Rush AJ, Trivedi MH, Wisniewski SR, Balasubramani GK, McGrath PJ, et al. Primary versus specialty care outcomes for depressed outpatients managed with measurement-based care: Results from Gen Intern Med. 2008 May;23(5):551-60. Gibbons RD, Brown CH, Hur K, Marcus SM, Bhaumik DK, Mann JJ. Relationship between antidepressants and suicide attempts: An analysis of the Veterans Health Administration data sets. Am Psychiatry. 2007 Jul;164(7):1044-9. Horowitz JA, Cousins A. Postpartum depression treatment rates for at-risk women. Nursing Research. 2006;55(2 Suppl):S23-S27. Jick SS, Dean AD, Jick H. Antidepressants and suicide. Br Med J. 1995 Jan 28;310(6974):215-8. Katon W, Russo J, Lin EHB, Schmittdiel J, Ciechanowski P, Ludman E, et al. Cost-effectiveness of a multicondition collaborative care intervention. Arch Gen Psychiatry. 2012;69(5):506-14. Khan A, Khan S, Kolts R, Brown WA. Suicide rates in clinical trials of SSRIs, other antidepressants, and placebo: Analysis of reports. Am Psychiatry. 2003 Apr;160(4):790-2. Kroenke K, West SL, Swindle R, Gilsenan A, Eckert GJ, Dolor R, et al. Similar effectiveness of paroxetine, fluoxetine, and sertraline in primary care randomized trial. JAMA. 2001 Dec 19;286(23):2947-55. Levenson M, Holland C. Statistical evaluation of suicidality in adults treated with antidepressants. 2006. Lin HC, Lin YJ, Hsiao FH, Li CY. Prenatal care visits and associated costs for treatment-seeking women with depressive disorders. Psychiatr Serv. 2009 Sep;60(9):1261-4. Lucock M, Kirby R, Wainwright pragmatic randomized controlled trial of a guided self-help intervention versus a waiting list control in a routine primary care mental health service. Br Clin Psychol. 2011 Sep;50(3):298-309. Mackay FJ, Dunn NR, Mann RD. Antidepressants and the serotonin syndrome in general practice. Br Gen Pract. 1999 Nov;49(448):871-4. Martinez C, Rietbrock S, Wise L, Ashby D, Chick J, Moseley J, et al. Antidepressant treatment and the risk of fatal and non-fatal self harm in first episode depression: Nested case-control study. Br Med J. 2005 Feb 19;330(7488):389. Mulrow CD, Williams JW, Jr., Chiquette E, Aguilar C, Hitchcock-Noel P, Lee S, et al. Efficacy of newer medications for treating depression in primary care patients. Am Med. 2000 Jan;108(1):54-64. Nyunt MS, Ko SM, Kumar R, Fones CC, Ng TP. Improving treatment access and primary care referrals for depression in a national community-based outreach programme for the elderly. Int Geriatr Psychiatry. 2009 Nov;24(11):1267-76. Olfson M, Marcus SC, Tedeschi M, Wan GJ. Continuity of antidepressant treatment for adults with depression in the United States. Am Psychiatry. 2006 Jan;163(1):101-8. Pinquart M, Sorensen S. How effective are psychotherapeutic and other psychosocial interventions with older adults meta-analysis Ment Health Aging. 2001;7(2):207-43. Richards JB, Papaioannou A, Adachi JD, Joseph L, Whitson HE, Prior JC, et al. Effect of selective serotonin reuptake inhibitors on the risk of fracture. Arch Intern Med. 2007 Jan 22;167(2):188-94. Robinson W, Geske J, Prest L, Barnacle R. Depression treatment in primary care Am Board Fam Pract. 2005;18:79-86. Serfaty M, Wilkinson S, Freeman C, Mannix K, King M. The ToT Study: Helping with Touch or Talk (ToT pilot randomised controlled trial to examine the clinical effectiveness of aromatherapy massage versus cognitive behaviour therapy for emotional distress in patients in cancer/palliative care. Psycho Oncol. 2012;21(5):563-9. Simon GE, Fleck M, Lucas R, Bushnell DM. Prevalence and predictors of depression treatment in an international primary care study. Am Psychiatry. 2004;161(9):1626-34. Simon GE, Savarino J, Operskalski B, Wang PS. Suicide risk during antidepressant treatment. Am Psychiatry. 2006 Jan;163(1):41-7. Sondergard L, Kvist K, Andersen PK, Kessing LV. Do antidepressants prevent suicide? Int Clin Psychopharmacol. 2006 Jul;21(4):211-8. Thase ME, Entsuah AR, Rudolph RL. Remission rates during treatment with venlafaxine or selective serotonin reuptake inhibitors. Br Psychiatry. 2001 Mar;178:234-41. Trinh NH, Bedoya CA, Chang TE, Flaherty K, Fava M, Yeung study of a culturally focused psychiatric consultation service for Asian American and Latino American primary care patients with depression Psychiatry. 2011;11:166. Trivedi MH, Rush AJ, Wisniewski SR, Nierenberg AA, Warden D, Ritz L, et al. Evaluation of outcomes with citalopram for depression using measurement-based care in STAR*D: Implications for clinical practice. Am Psychiatry. 2006 Jan;163(1):28-40. Urizar GG, Jr., Munoz RF. Impact of a prenatal cognitive-behavioral stress management intervention on salivary cortisol levels in low-income mothers and their infants. Psychoneuroendocrinol. 2011 Nov;36(10):1480-94. Wagner J, Allen NA, Swalley LM, Melkus GD, Whittemore R. Depression, depression treatment, and insulin sensitivity in adults at risk for type 2 diabetes. Diabetes Res Clin Pract. 2009 Nov;86(2):96-103. Wells KB, Tang L, Carlson GA, Asarnow JR. Treatment of youth depression in primary care under usual practice conditions: Observational findings from youth partners in care Child Adolesc Psychiatr Nurs. 2012;22(1):80-90. Zhou W, He G, Gao J, Yuan Q, Feng H, Zhang CK. The effects of group reminiscence therapy on depression, self-esteem, and affect balance of Chinese community-dwelling elderly. Arch Gerontol Geriatr. 2012;54(3):e440-e447. Excluded: Modeling paper with liminted applicabiltiy for our research question Valenstein M, Vijan S, Zeber JE, Boehm K, and Buttar A. The cost-utility of screening for depression in primary care. Ann Intern Med. 2001; 134(5):345-60. PMID:11242495.", "7542_105.pdf": "By By UPDATED: UPDATED: September 14, 2018 at 5:19 September 14, 2018 at 5:19 Patrick Walders, the director of choral studies at San Diego State University, Patrick Walders, the director of choral studies at San Diego State University, has dropped has dropped his lawsuit his lawsuit against a former music student he claimed defamed against a former music student he claimed defamed him in connection with an him in connection with an alleged affair alleged affair with a student. with a student choral director drops choral director drops defamation lawsuit against defamation lawsuit against former graduate student former graduate student alleging affair alleging affair 2/17/25, 1:18 choral director drops defamation lawsuit against former graduate student alleging affair \u2013 San Diego Union-Tribune 1/4 Walders, who is married, sued the former student, Michael Sakell, along with Walders, who is married, sued the former student, Michael Sakell, along with another former student, Jess Barrera, in April. Walders claimed the two had another former student, Jess Barrera, in April. Walders claimed the two had harmed his reputation and cost him professional opportunities by spreading harmed his reputation and cost him professional opportunities by spreading misinformation alleging an extramarital affair between Walders and a female misinformation alleging an extramarital affair between Walders and a female music student in 2016 and 2017, according to court records. music student in 2016 and 2017, according to court records. Walders, who started working for in 2011, has been on paid suspension Walders, who started working for in 2011, has been on paid suspension from his teaching duties at the school for more than a year, pending the from his teaching duties at the school for more than a year, pending the outcome of the university\u2019s investigation and administrative proceedings. He outcome of the university\u2019s investigation and administrative proceedings. He dropped his lawsuit against Sakell without prejudice, which means he could dropped his lawsuit against Sakell without prejudice, which means he could revive the litigation at a later date, according to court records. Filings in the revive the litigation at a later date, according to court records. Filings in the lawsuit do not indicate there was a settlement agreement. lawsuit do not indicate there was a settlement agreement. Walders is pursuing a default judgment against Barrera, who allegedly failed Walders is pursuing a default judgment against Barrera, who allegedly failed to respond to the lawsuit, according to court records. to respond to the lawsuit, according to court records. Walders\u2019 attorney, Matthew English, told The San Diego Union-Tribune this Walders\u2019 attorney, Matthew English, told The San Diego Union-Tribune this week that his client had dropped the lawsuit against Sakell without prejudice week that his client had dropped the lawsuit against Sakell without prejudice so Walders could concentrate on concluding administrative proceedings at so Walders could concentrate on concluding administrative proceedings at the university. English declined to comment on the administrative the university. English declined to comment on the administrative proceedings. proceedings. Sakell\u2019s attorney, Nicholas Moore, provided a statement noting that Walders Sakell\u2019s attorney, Nicholas Moore, provided a statement noting that Walders was scheduled to be deposed on Aug. 9. was scheduled to be deposed on Aug. 9. \u201cOn the day of the deposition, rather than defend his allegation that Michael \u201cOn the day of the deposition, rather than defend his allegation that Michael Sakell defamed him, Dr. Walders filed to dismiss his lawsuit against Michael Sakell defamed him, Dr. Walders filed to dismiss his lawsuit against Michael Sakell without condition or settlement,\u201d the statement said. \u201cWe believe this Sakell without condition or settlement,\u201d the statement said. \u201cWe believe this result conclusively demonstrates Michael Sakell to be an honest person who result conclusively demonstrates Michael Sakell to be an honest person who spoke truth to power.\u201d spoke truth to power.\u201d Sakell argued in court records that the facts he shared with members of the Sakell argued in court records that the facts he shared with members of the choral community and others about the alleged affair were supported by choral community and others about the alleged affair were supported by evidence and findings in an investigation school officials conducted in evidence and findings in an investigation school officials conducted in response to a complaint made last year under a civil rights law known as Title response to a complaint made last year under a civil rights law known as Title IX. IX. Title sets standards for investigating allegations of gender-based Title sets standards for investigating allegations of gender-based discrimination and sexual harassment and misconduct at colleges and discrimination and sexual harassment and misconduct at colleges and universities that receive federal funds. universities that receive federal funds. After the investigation, depending on the outcome, the school may begin After the investigation, depending on the outcome, the school may begin administrative proceedings to determine possible disciplinary action. administrative proceedings to determine possible disciplinary action. 2/17/25, 1:18 choral director drops defamation lawsuit against former graduate student alleging affair \u2013 San Diego Union-Tribune 2/4 Sakell included in court filings for Walders\u2019 lawsuit copies of letters from Sakell included in court filings for Walders\u2019 lawsuit copies of letters from school officials to parties in the investigation regarding university officials\u2019 school officials to parties in the investigation regarding university officials\u2019 findings. findings. One of the letters in the court files, dated March 6, 2018, said the final One of the letters in the court files, dated March 6, 2018, said the final outcome of the investigation, after Walders\u2019 numerous appeals, was a finding outcome of the investigation, after Walders\u2019 numerous appeals, was a finding that he violated school policies governing sexual harassment and consensual that he violated school policies governing sexual harassment and consensual relationships between faculty and students. relationships between faculty and students. University policy governing consensual sexual relationships between University policy governing consensual sexual relationships between employees and students forbids such relationships when an employee employees and students forbids such relationships when an employee exercises or influences significant academic, supervisory, administrative or exercises or influences significant academic, supervisory, administrative or other specified authority over the student or fellow employee with whom they other specified authority over the student or fellow employee with whom they are sexually involved. are sexually involved. Findings of fact included in the university\u2019s letters about the Title Findings of fact included in the university\u2019s letters about the Title investigation described the affair, which allegedly started in fall 2016 while the investigation described the affair, which allegedly started in fall 2016 while the student was in four of Walders\u2019 music classes and a graduate assistant under student was in four of Walders\u2019 music classes and a graduate assistant under his authority. The correspondence said they had sex in Walders\u2019 office at the his authority. The correspondence said they had sex in Walders\u2019 office at the school. school. Walders was responsible for assessing the female student\u2019s academic merits Walders was responsible for assessing the female student\u2019s academic merits in graduate hearings, according to the document. in graduate hearings, according to the document. The student \u201cfelt that she could not say \u2018no\u2019 to the relationship and felt that The student \u201cfelt that she could not say \u2018no\u2019 to the relationship and felt that Walders\u2019 conduct was intimidating,\u201d according to the findings of fact in the Walders\u2019 conduct was intimidating,\u201d according to the findings of fact in the university\u2019s letter. university\u2019s letter. During an encounter at a hotel in San Diego in December 2016, Walders gave During an encounter at a hotel in San Diego in December 2016, Walders gave the student \u2014 who he later said appeared drunk \u2014 cannabis products he had the student \u2014 who he later said appeared drunk \u2014 cannabis products he had obtained using his medical marijuana card, according to the unversity\u2019s obtained using his medical marijuana card, according to the unversity\u2019s correspondence. correspondence. The letters say the affair continued until Sakell walked in on Walders and the The letters say the affair continued until Sakell walked in on Walders and the female student during an intimate moment they were sharing in a sauna on female student during an intimate moment they were sharing in a sauna on an SDSU-sponsored trip to a seminar in Austria in February 2017. an SDSU-sponsored trip to a seminar in Austria in February 2017. Walders awarded the female student a non-competitive scholarship to attend Walders awarded the female student a non-competitive scholarship to attend the seminar to Austria, in part because she helped plan the trip, according to the seminar to Austria, in part because she helped plan the trip, according to findings of fact in one of the letters. findings of fact in one of the letters. After Sakell walked in on the couple, the student cut short her trip and After Sakell walked in on the couple, the student cut short her trip and returned to the United States six days ahead of schedule, according to the returned to the United States six days ahead of schedule, according to the letter. letter. 2/17/25, 1:18 choral director drops defamation lawsuit against former graduate student alleging affair \u2013 San Diego Union-Tribune 3/4 2018 2018 \ue907 \ue907September September \ue907 \ue90714 14 Originally Published: Originally Published: September 14, 2018 at 8:00 September 14, 2018 at 8:00 School officials found in the course of their investigation that there was School officials found in the course of their investigation that there was sufficient evidence that Walders\u2019 sexual advances were unwelcome and that sufficient evidence that Walders\u2019 sexual advances were unwelcome and that the student felt they affected her ability to participate in or benefit from the student felt they affected her ability to participate in or benefit from services, activities and opportunities the university offered its students, the services, activities and opportunities the university offered its students, the letter said. letter said. Asked about the investigative findings and the status of the lawsuit, La Asked about the investigative findings and the status of the lawsuit, La Monica Everett-Haynes, a spokeswoman for the university, provided a Monica Everett-Haynes, a spokeswoman for the university, provided a statement, saying, \u201cSan Diego State University does not comment on statement, saying, \u201cSan Diego State University does not comment on personnel matters. As of Sept. 11, the university can confirm Patrick Walders personnel matters. As of Sept. 11, the university can confirm Patrick Walders has been a (member of) San Diego State University\u2019s faculty since 2011. has been a (member of) San Diego State University\u2019s faculty since 2011. However, he is currently not overseeing the choirs nor conducting.\u201d However, he is currently not overseeing the choirs nor conducting.\u201d Walders is paid about $81,000 a year by the university, according to a Walders is paid about $81,000 a year by the university, according to a database kept by the group database kept by the group Transparent California Transparent California.. morgan.cook@sduniontribune.com morgan.cook@sduniontribune.com 2/17/25, 1:18 choral director drops defamation lawsuit against former graduate student alleging affair \u2013 San Diego Union-Tribune 4/4"} |
8,939 | Daniel Amare | California State University - Sacramento | [
"8939_101.pdf",
"8939_102.pdf",
"8939_101.pdf",
"8939_102.pdf"
] | {"8939_101.pdf": "", "8939_102.pdf": "Date(s) of Incident Complainant Status Respondent Name Respondent Position Incident Description Outcome 8-Sep-17 Student Ted Kidwell Piano Technician Sexual harassment (inappropriate comments regarding Complainant's gender) Counseling memo. 14-Sep-17 Staff Ted Kidwell Piano Technician Retaliation (Respondent retaliated in response to Complainants' complaint) Counseling memo. 20-Sep-17 Student Michael Bolliger Assistant Track & Field Coach Sexual harassment (inappropriate sexual comments to student-athlete) Letter of reprimand. 2016-2017 Student Lance Brewer Custodian Sexual harassment (inappropriate sexual comments to student) Respondent voluntarily resigned prior to the conclusion of the investigation. 2016 Staff Summer Wilson Music Dept Sexual harassment (unwanted comments of a sexual nature) and stalking Respondent voluntarily resigned prior to the conclusion of the investigation. Fall 2015 Student Eugene Dammel Faculty Gender discrimination based on Respondent's in/out of class comments that caused Complainant to stop attending class. Pursuant to Settlement Agreement, one- semester suspension without pay and various training courses. Spring 2016 Student Tyehimba Kokayi Faculty Sexual misconduct (nonconsensual touching), sexual harassment, race harassment Pursuant to Settlement Agreement, Respondent voluntarily resigned and agreed not to seek future employment with the campuses. Spring 2016 Student Tyehimba Kokayi Faculty Sexual misconduct (nonconsensual touching), sexual harassment, race harassment Pursuant to Settlement Agreement, Respondent voluntarily resigned and agreed not to seek future employment with the campuses. Spring 2016 Student Kieuchinh \"KC\" Tran Faculty Disability discrimination (failure to accommodate) Verbal counseling. Date(s) of Incident Complainant Status Respondent Name Respondent Position Incident Description Outcome Fall 2018 Student Melissa McTernan Faculty Violation of the Consentual Relationship policy under 1097 Pursuant to Settlement Agreement, suspension without pay from 11/15/19 to 5/20/2020. Respondent voluntarily resigned while serving suspension. Spring 2019 Student Daniel Amare Faculty Sexual harassment (unwelcomed advances) After Respondent's appointment ended, Respondent was not reappointed as a lecturer Fall 2019 Student Marc Foster Faculty Sexual harassment (unwanted comments of a sexual nature) and stalking After Respondent's appointment ended, Respondent was not reappointed as a lecturer Fall 2019 Student Marc Foster Faculty Sexual harassment (unwanted comments of a sexual nature) and retaliation. After Respondent's appointment ended, Respondent was not reappointed as a lecturer Spring 2019 Faculty David Swim Faculty Sexual harassment (unwanted comments of a sexual nature) Pursuant to Settlement Agreement, Respondent voluntarily resigned on 9/30/20. Fall 2018 Faculty David Swim Faculty Sexual harassment (unwanted comments of a sexual nature) Pursuant to Settlement Agreement, Respondent voluntarily resigned on 9/30/20."} |
8,982 | Robert Beaser | Julliard School | [
"8982_101.pdf",
"8982_102.pdf",
"8982_103.pdf",
"8982_104.pdf",
"8982_105.pdf",
"8982_106.pdf",
"8982_107.pdf",
"8982_108.pdf"
] | {"8982_101.pdf": "The Juilliard School in New York has fired Robert Beaser, chair of its composition department following an independent investigation that found Beaser had \u201cengaged in conduct which interfered with individuals\u2019 academic work and was inconsistent with Juilliard\u2019s commitment to providing a safe and supportive learning environment for its students.\u201d Additionally, the investigation found that he had an \u201cunreported relationship\u201d that violated school policy. According to CNN, the school said, \u201cthat in December 2022, the school undertook \u2018a comprehensive review of \u2026 alleged sexual misconduct in the Composition Department from the late 1990s and 12, 2023 Juilliard Fires Robert Beaser Following Investigation By Francisco Salazar We use cookies to help us measure and improve this website. Learn more 2/17/25, 1:19 Juilliard Fires Robert Beaser Following Investigation - OperaWire OperaWire 1/5 early 2000s.'\u201d According to a memo provided to CNN, there were no specific findings related to sexual misconduct The case against Beaser was first brought up last December in a magazine report on predatory sexual activities at Juilliard and he was suspended from teaching after the report appeared. The independent investigation also found that composer Christopher Rouse had also engaged in sexual misconduct but the case could not be pursued following Rouse\u2019s death in 2019. Beaser has denied all allegations and his attorney said, \u201cthat Dr. Beaser denies sexually harassing anybody and that the Juilliard announcement did not indicate any evidence \u2013 credible or otherwise \u2013 of sexual harassment.\u201d Juilliard said that following the investigation it will prohibit all amorous or sexual relationships between faculty and students starting in the fall We use cookies to help us measure and improve this website. Learn more 2/17/25, 1:19 Juilliard Fires Robert Beaser Following Investigation - OperaWire OperaWire 2/5 Categories News By Francisco Salazar SALAZAR, (Publisher) has worked as a journalist for over 10 years with such companies as Latin Post, and freelanced for Remezcla. He has also published for El Diario and La Opinion. He is a media producer and a classically trained cellist who has performed in the New York area. With OperaWire he has lectured at Bard College and been featured on Fred Plotkin, Jennifer Rowley and Angel Blue's programs. He holds a Masters in Media Management from the New School and a Bachelor's in Film Production and Italian studies from Hofstra University. Stories you may also like\u2026 We use cookies to help us measure and improve this website. Learn more 2/17/25, 1:19 Juilliard Fires Robert Beaser Following Investigation - OperaWire OperaWire 3/5 17, 2025 International Opera Conducting Competition at Op\u00e9ra Royal de Wallone-Li\u00e8ge Announces 2025 Winners 17, 2025 Opera Columbus Reveals 2025- 26 Lineup Newsletter Stay up to date with the latest Opera news, events and releases! Your E-mail Address Join Now We use cookies to help us measure and improve this website. Learn more 2/17/25, 1:19 Juilliard Fires Robert Beaser Following Investigation - OperaWire OperaWire 4/5 Links Social Facebook Twitter Instagram Contact General Enquiries Francisco@operawire.com Articles & Press David@operawire.com Opera is thriving. And OperaWire came about as a desire to take in as much of it and allow the passionate fan base access to everything this wondrous art form has to offer on a daily basis. \u00a9 Copyright 2025 OperaWire Site by Lenny's Studio We use cookies to help us measure and improve this website. Learn more 2/17/25, 1:19 Juilliard Fires Robert Beaser Following Investigation - OperaWire OperaWire 5/5", "8982_102.pdf": "Best Music of 2024 All Songs Considered Tiny Desk Music Features Live Sessio Deceptive Cadence Former music students accuse two Juilliard teachers of sexual misconduct 13, 2022 \u00b7 2:35 Anastasia Tsioulcas 2005 exterior shot of The Juilliard School, which is located on the campus of Lincoln Center in New York City. Stan Honda via Getty Images 24 Hour Program Stream On Air Now 2/17/25, 1:19 Former music students accuse Juilliard faculty of sexual misconduct : Deceptive Cadence 1/15 The Juilliard School in New York \u2014 among the world's most famed training grounds for classical musicians \u2014 is facing allegations that two of its professors engaged in sexual misconduct against aspiring and enrolled students at the school. Additionally, accusers say that the conservatory has known about some of those allegations for at least four years, but, as far as they know, the school did not take significant action. Specifically, two people described alleged incidents involving Robert Beaser, the renowned school's former head of its composition department and a current member of its faculty, and another person described an alleged incident involving the Pulitzer- and Grammy-winning composer Christopher Rouse, who died in 2019. The accusations date back to the late 1990s and early 2000s. The accusations were published Monday by the Berlin-based classical music publication VAN, working with the Investigative Reporting Workshop based at American University in Washington, D.C. In a statement to VAN, Juilliard said that it has hired an outside law firm to conduct an independent investigation into the allegations raised in the magazine's reporting. In an email to VAN, Beaser wrote am aware that there will be an independent investigation look forward to cooperating with it says it has corroborated the three sets of accusations. Several other female- identifying former students, current faculty and other notable composers attested to the magazine that they knew about the climate at Juilliard for female composition students over the years. One of the accusers, Suzanne Farrin, says that she auditioned for Juilliard's doctoral program in the spring of 2001, with hopes of joining Rouse's studio as his private student. She has alleged that he invited her to dinner after her audition, where he tried to kiss her. After she rejected his advances, she asserted to VAN, her application was denied the next day. She also told that when she called the admissions office a few days later to complain about Rouse's alleged behavior, a staffer reportedly immediately replied, \"If you're calling about Professor Rouse, he's a big supporter of your music.\" (Farrin went on to attend Yale University for her doctorate and later won a Guggenheim fellowship for her work also obtained a 2018 memo from Juilliard's Title office, referring back to an alleged report from a former composition student who had been at the school in the early 2000s. The former Juilliard student, who asked for anonymity due 2/17/25, 1:19 Former music students accuse Juilliard faculty of sexual misconduct : Deceptive Cadence 2/15 to fear of professional reprisals, said that they had reported knowing of Beaser allegedly attempting to start sexual relationships with at least two students. (Title of the Education Amendments Act is a 1972 federal law that prohibits sexual discrimination in any educational institutions or programs that receive federal funding. It is not clear what Juilliard's guidelines were regarding potential sexual misconduct or relationships between faculty and students at the time of this complaint about 20 years ago second former Juilliard student was also in contact with the school in early 2018 regarding similar allegations against Beaser dating back to the 1990s. The second former student, who has also remained anonymous in the article for fear of professional blowback, alleged that Beaser had repeatedly made sexual advances to her during private lessons at his home, where he frequently taught Juilliard students, and that Beaser suggested that he could secure a professional opportunity for her in exchange for sexual activity. The woman said that a few years after the alleged incidents, she was questioned about Beaser by a Juilliard lawyer. Later in 2018, Juilliard named composer Melinda Wagner as the chair of its composition department, replacing Beaser spokesperson told that the two separate sets of allegations against Beaser \"were handled according to school procedures at the time,\" but did not elaborate. In the meantime, several former Juilliard students told that allegations against Beaser were \"an open secret\" at the famed institution in the 1990s and 2000s. One professor emeritus at the school, composer Samuel Adler, acknowledged to that he had previously heard of allegations about peers at Juilliard. \"It is true that some women did not feel comfortable with some of my colleagues reported Adler as saying. Additionally, eight female-identifying former students at Juilliard told the German magazine that one of the school's most visible and celebrated composition teachers \u2014 the Pulitzer, Oscar and Grammy-winning composer John Corigliano \u2014 almost never invited female students to become part of his teaching studio, thereby cutting them off from professional development. 2/17/25, 1:19 Former music students accuse Juilliard faculty of sexual misconduct : Deceptive Cadence 3/15 compiled a list of 190 former Juilliard composition students from 1997 to 2021 via the school's own published materials as well as from public websites and biographical materials. Of those 190 former students, only one female-identifying composer listed Corigliano as their former teacher at Juilliard, compared to 28 male-identifying students who had attended Juilliard. In a statement to VAN, Corigliano said that he recalls having one very gifted female student in his studio during that timespan, and noted that in the past year, his studio included two female students out of six total, adding: \"It saddens me to read that you have been told by eight female students, formerly at The Juilliard School, that there was an unwritten policy by which they perceived that favored the men over the women. Such a position was neither my preference nor my policy have taken great joy in working with many very gifted young women and men in my long teaching career.\" The reporter of the piece, Sammy Sussman, previously reported on sexual misconduct at the University of Michigan while he was enrolled there as an undergraduate student. The subject of his 2018 investigation, former School of Music, Theatre & Dance professor Stephen Shipps, faced allegations of 40 years of misconduct at the university and elsewhere. Earlier this year, Shipps was sentenced to five years in prison for sexual misconduct against a high school student in 2002. 2/17/25, 1:19 Former music students accuse Juilliard faculty of sexual misconduct : Deceptive Cadence 4/15 News without the noise Our journalists summarize the biggest stories in the Up First newsletter so you can stay informed, not overwhelmed. See more subscription options By subscribing, you acknowledge and agree to NPR's Terms of Use and Privacy Policy may share your name and email address with your station. See Details. Email address More Stories From What did the beginning of time sound like new string quartet offers an impression 2/17/25, 1:19 Former music students accuse Juilliard faculty of sexual misconduct : Deceptive Cadence 5/15 Napoleon's piano lends authenticity to Ridley Scott's biopic Finding a place at the Met, this opera sings in a language of its own 2/17/25, 1:19 Former music students accuse Juilliard faculty of sexual misconduct : Deceptive Cadence 6/15 disciplined plea for peace \u2013 and quiet \u2013 from composer Arvo P\u00e4rt From opera to breakdancing and back again: Jakub J\u00f3zef Orli\u0144ski fuses two worlds 2/17/25, 1:19 Former music students accuse Juilliard faculty of sexual misconduct : Deceptive Cadence 7/15 After 12 years, pianist Awadagin Pratt rediscovers his sweet spot Popular on NPR.org Protests are set to take place on Presidents Day. Here's why 2/17/25, 1:19 Former music students accuse Juilliard faculty of sexual misconduct : Deceptive Cadence 8/15 federal worker tried to take Trump's 'Fork' resignation offer. Here's what happened Government Accountability official says fraud does exist, but it's not widespread 2/17/25, 1:19 Former music students accuse Juilliard faculty of sexual misconduct : Deceptive Cadence 9/15 Courts block Trump's actions \u2014 chaos, panic not proving to be best legal strategy Deadly storms sweep through the South, leaving at least 9 fatalities 2/17/25, 1:19 Former music students accuse Juilliard faculty of sexual misconduct : Deceptive Cadence 10/15 German chancellor slams Vance's call for Europe to be inclusive of far-right parties Editors' Picks Jacob Kiplimo sets new half marathon record, finishes in under 57 minutes 2/17/25, 1:19 Former music students accuse Juilliard faculty of sexual misconduct : Deceptive Cadence 11/15 Congo says Rwanda-backed rebels occupy a 2nd major city in its mineral-rich east January 6th ... the board game? 2/17/25, 1:19 Former music students accuse Juilliard faculty of sexual misconduct : Deceptive Cadence 12/15 Fans in Montreal loudly boo U.S. anthem prior to Americans' 4 Nations game vs. Canada At least 18 people are dead after a stampede at New Delhi railway station in India 2/17/25, 1:19 Former music students accuse Juilliard faculty of sexual misconduct : Deceptive Cadence 13/15 Amazon workers vote against unionizing a North Carolina warehouse Home News Culture Music Podcasts & Shows Newsletters Facebook Instagram Press Public Editor Corrections Contact & Help Overview Diversity Network Accessibility Support Public Radio Sponsor Careers Shop 2/17/25, 1:19 Former music students accuse Juilliard faculty of sexual misconduct : Deceptive Cadence 14/15 Ethics Finances Events Extra terms of use privacy your privacy choices text only \u00a9 2025 npr 2/17/25, 1:19 Former music students accuse Juilliard faculty of sexual misconduct : Deceptive Cadence 15/15", "8982_103.pdf": "Elite Juilliard school embroiled in massive sex misconduct scandal, renowned professor put on leave By Olivia Land Published Dec. 21, 2022 Updated Dec. 22, 2022, 9:32 a.m 120 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 2/17/25, 1:19 Juilliard prof Robert Beaser on leave after sexual misconduct allegations 1/11 massive sexual misconduct scandal is rocking the elite Juilliard School, as multiple instructors have been accused of discrimination and harassment \u2014 and one renowned professor has been put on leave after 500 people signed a letter decrying his \u201cabuse of women and power.\u201d Composer Robert Beaser, 68, was sidelined for a pattern of mistreatment that included soliciting sex from students \u2014 much of which was detailed in a Dec. 12 expos\u00e9 of the Upper West Side conservatory published in magazine. \u201cSexual discrimination and sexual harassment have no place in our school community. We take all such allegations extremely seriously,\u201d Juilliard spokesperson Rosalie Contreras told The Post on Wednesday as news of Beaser being put on leave emerged. In one case, Beaser allegedly offered to boost a now-former student\u2019s career, before asking her for sex in return, the publication said. \u201cWhat will you do for me?\u201d he allegedly said. Beaser \u2014 who also frequently taught students in his private home \u2014 joined the Juilliard composition department in 1993, and was department chair from 1994 through 2018. The school was reportedly made aware of allegations against him in the 1990s and again in 2017 and 2018. Juilliard\u2019s once-prestigious vocal debut concert struggles to draw crowds How a \u2018slavery\u2019 uproar at Juilliard School threatens the future of artistic expression Juilliard School faculty member tests positive for coronavirus 2/17/25, 1:19 Juilliard prof Robert Beaser on leave after sexual misconduct allegations 2/11 Though the 2018 report coincided with Beaser being replaced as chair by Melinda Wagner, Contreras told the decisions were unrelated. \u201cAllegations that were previously reported \u2026 in the late 1990s and in 2017/18 were investigated at the time, based on information that was provided,\u201d she explained to The Post. \u201cHowever, in order to review new information and to better understand these past allegations, the school\u2019s current administration launched an independent investigation on December 8.\u201d Composer Robert Beaser (center) is on leave from his faculty position at Juilliard. Getty Images 8 2/17/25, 1:19 Juilliard prof Robert Beaser on leave after sexual misconduct allegations 3/11 Per the Daily Mail, provost Andy Meyer explained to faculty in a Dec. 16 email that Beaser \u201cwill step away from his teaching duties\u201d while an investigation is conducted. The decision to place Beaser on leave also coincided with the publication of an open letter signed by 500 musicians, composers and other music leaders decrying his \u201cdecades-long abuse of woman and power am more than willing to participate in Juilliard\u2019s outside investigation in order to protect and defend my reputation,\u201d Beaser told The Post Wednesday. \u201cUntil the school concludes this process have agreed to be on leave from my teaching position.\u201d Juilliard is widely considered one of the best performing arts conservatories in the world. Getty Images 8 2/17/25, 1:19 Juilliard prof Robert Beaser on leave after sexual misconduct allegations 4/11 In addition to Beaser, the piece detailed alleged misconduct by late Pulitzer Prize-winning composer and faculty member Christopher Rouse, who composer Suzanne Farrin says tried to kiss her following a dinner to discuss her audition for the doctoral program in 2001. After she \u201ctwirled out of his arms and \u2026 ran away,\u201d Farrin told the magazine, her Juilliard application was rejected. When she called to report the incident, an administrator insisted Rouse was a \u201c\u2018big supporter\u2019\u201d of her music. \u201cThey were prepared for my call,\u201d Farrin remembered. The late Christopher Rouse (left) and Robert Beaser (right) are both accused of sexual misconduct toward female composition students. Getty Images 8 2/17/25, 1:19 Juilliard prof Robert Beaser on leave after sexual misconduct allegations 5/11 The article also includes a claim from eight female graduates that another faculty member, Oscar-winning composer John Corigliano, rarely accepted female students. \u201cIt was said like a joke,\u201d alumna Cristina Spinei told the outlet. \u201c\u2018You couldn\u2019t study with him\u2019 or something.\u201d Although adjunct faculty member Samuel Adler confirmed that Corigliano did not take female students \u201cin the beginning,\u201d Corigliano denied the accusations. Composer Suzanne Farrin says Christopher Rouse tried to kiss her following a dinner to discuss her audition for the doctoral program. International Contemporary Ensem 8 2/17/25, 1:19 Juilliard prof Robert Beaser on leave after sexual misconduct allegations 6/11 \u201cIt was neither my preference nor my policy to exclude female composers from my Juilliard studio,\u201d he told The Post via email Wednesday. Corigliano refuted VAN\u2019s claim that he had only one female student, saying that he taught two who had previously graduated, and another he was currently working with. He also clarified that his work at Juilliard had been limited due to his full-time commitments to Lehman College, CUNY. \u201cIt was when retired from Lehman that doubled my teaching load at Juilliard to 6 private students, of which 2 were female,\u201d he explained. Robert Beaser\u2019s conduct was previously reported to Juilliard officials in the late 1990s and 2017/18 via Getty Images 8 2/17/25, 1:19 Juilliard prof Robert Beaser on leave after sexual misconduct allegations 7/11 \u201cClassical music has things about hierarchy but every field has that. It\u2019s a field where people protect,\u201d a Juilliard-trained violinist said Wednesday think it\u2019s why people are upset. It goes back. [Juilliard] did know about it.\u201d Her sentiments echo those of the graduates quoted in the article, many of whom believe the acknowledgment of Juilliard\u2019s problematic culture was long overdue. Oscar winner John Corigliano is accused of not accepting female students. WireImage 8 2/17/25, 1:19 Juilliard prof Robert Beaser on leave after sexual misconduct allegations 8/11 wouldn\u2019t even call it an open secret. I\u2019d just call it open,\u201d film composer and Juilliard graduate Laura Karpman said of the alledged sexual predation on campus. \u201cThese women feel incredibly vulnerable. If they come forward they have no protection \u2026 They have no guarantees that anyone will listen.\u201d Nora Kroll-Rosenbaum, another composition alum, corroborated Karpman\u2019s sentiment, saying female students felt safe studying with \u201cless than half\u201d the faculty. Founded in 1905, Juilliard is widely regarded as one of the most elite performing arts conservatories in the world. With an esteemed alumni community of award-winning actors, musicians and dancers, composer Sarah Kirkland Snider argued the school has \u201coutsized responsibility.\u201d One alum called the sexual misconduct on campus an \u201copen\u201d issue via Getty Images 8 2/17/25, 1:19 Juilliard prof Robert Beaser on leave after sexual misconduct allegations 9/11 \u201cWhen you pride yourself on being the best in the country or in the world, then people look to you for their standards and expectations,\u201d said Snider, who never attended Juilliard. \u201cTeachers at other schools knew about it, they made references to it. It became a joke, a constant punchline.\u201d What do you think? Post a comment. In her statement to The Post, Contreras said the school remained \u201ccommitted to providing a safe and supportive environment for all.\u201d \u201cWe cannot comment further as confidentiality is paramount to the integrity of the investigation, and discussing cases could discourage individuals from coming forward with their experiences,\u201d she concluded , 12/21/22 Corigliano denied the accusations against him. Patrick McMullan via Getty Image 8 120 Just like Bridget Jones, Ren\u00e9e Zellweger is finding love after heartbreak \u2014 at age 55 2/17/25, 1:19 Juilliard prof Robert Beaser on leave after sexual misconduct allegations 10/11 \u00a9 2025 Holdings, Inc. All Rights Reserved Terms of Use Membership Terms Privacy Notice Sitemap Your California Privacy Rights Trumps paid $0 in taxes in 2020, reported negative income Chevy Chase attends 50' special after slamming show \u2014 and nearly coming to blows with Bill Murray 2/17/25, 1:19 Juilliard prof Robert Beaser on leave after sexual misconduct allegations 11/11", "8982_104.pdf": "Best Music of 2024 All Songs Considered Tiny Desk Music Features Live Sessio Juilliard fires former chair after sexual misconduct investigation 8, 2023 \u00b7 8:11 Anastasia Tsioulcas The entrance to The Juilliard School, which is located at Lincoln Center's campus in New York City. Ed Jones via Getty Images 24 Hour Program Stream On Air Now 2/17/25, 1:19 Juilliard fires former chair Robert Beaser after sexual misconduct investigation 1/14 On Thursday, The Juilliard School announced that it fired composer Robert Beaser, the former head of its composition faculty, after an independent law firm investigated allegations of sexual harassment and misconduct against Beaser dating from the late 1990s and 2000s. The investigators, from the firm Potter & Murdock, found \"credible evidence that Mr. Beaser engaged in conduct which interfered with individuals' academic work and was inconsistent with Juilliard's commitment to provide a safe and supportive learning environment for its students.\" Furthermore, Juilliard says, investigators found that Beaser had engaged in an unreported relationship that violated Juilliard's policy at the time and that he had \"repeatedly misrepresented facts about his actions.\" Beaser had been the chair of the renowned music conservatory's composition department for 25 years, between 1994 and 2018. Accusations of sexual harassment and misconduct against the composer were first made public last December in the German-based magazine VAN. In the aftermath of the report, more than 500 musicians and leaders in classical music called for Beaser to be removed from his Juilliard post. In the same week that published its story, the school said that the composer had \"stepped away\" from his faculty position. On Thursday, Juilliard confirmed that Beaser had been placed on leave in December, pending the investigation's outcome. Now, the split is permanent. \"Effective immediately, Mr. Beaser is no longer employed by the school,\" Juilliard wrote in a memo to its students, staff and faculty Thursday that the school also sent to NPR. The memo was signed by Juilliard's president, Damian Woetzel, and its provost, Adam Meyer. 2/17/25, 1:19 Juilliard fires former chair Robert Beaser after sexual misconduct investigation 2/14 In its December story reported that it had corroborated all the allegations it published reported that it had obtained a 2018 memo from Juilliard's administration that referred back to an alleged report made by a former student who had attended the school in the early 2000s. In that memo, the former student reported knowing of Beaser allegedly attempting to start sexual relationships with at least two students. According to VAN, a second former Juilliard student was also in contact with the school in early 2018 regarding similar allegations against Beaser dating from the 1990s. Two other prominent composition faculty members had also been the subject of complaints raised in the report and were subsequently investigated by Potter & Murdock: Christopher Rouse, who died in 2019, and John Corigliano. Rouse had been accused of making unwanted sexual advances and comments. One accuser, Suzanne Farrin, alleged that when she auditioned for Juilliard's doctoral program in 2001, Rouse invited her to dinner afterward and tried to kiss her. The day after she rejected his advances, she told VAN, her application to Juilliard was denied. According to Juilliard, the Potter & Murdock investigators found the accusations against Rouse \"credible,\" but they \"could not be fully investigated\" since Rouse is deceased compiled a list of 190 former Juilliard composition students who attended the school between 1997 to 2021. Of those 190 alumni, only one female-identifying composer listed John Corigliano as their former teacher at Juilliard, compared to 28 male-identifying students. The investigators found that Corigliano taught \"far fewer\" female students than male students but that neither \"he or the school had either a formal or informal policy of excluding women from studying with him.\" In its memo Thursday, Juilliard said that some of the allegations had been investigated by the school in the late 1990s and the early 2000s and from 2017 to 2018. Those investigations, the school said, \"were handled based on [the school's] understanding of the information provided at that time. However, to review new information reported in the media and to better understand the relevant facts, our administration launched an independent investigation in December 2022.\" 2/17/25, 1:19 Juilliard fires former chair Robert Beaser after sexual misconduct investigation 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. Email address Investigators also found that in the time period they were researching, \"some students, especially women, experienced an environment in the [composition] department that did not live up to the school's values and expectations.\" The conservatory says it is strengthening its policies regarding sexual misconduct and abuses of power. Under Juilliard's current rules, the school prohibits romantic or sexual relationships between faculty and two specific groups: undergraduates and graduate students with whom \"a power imbalance might be exploited (such as coexisting in the same department).\" Starting with the fall 2023 semester, however, Juilliard is prohibiting all romantic or sexual relationships between all faculty and all students. The school has also implemented some degree of physical transparency in recent years. In 2019, Juilliard began requiring that all one-on-one lessons occur on the school's campus; previously, it was not uncommon for faculty to teach lessons at their private homes or elsewhere. Additionally, in 2015, the school completed installing windows on the doors of all its teaching studios. juilliard #metoo robert beaser 2/17/25, 1:19 Juilliard fires former chair Robert Beaser after sexual misconduct investigation 4/14 More Stories From What did the beginning of time sound like new string quartet offers an impression 2/17/25, 1:19 Juilliard fires former chair Robert Beaser after sexual misconduct investigation 5/14 Napoleon's piano lends authenticity to Ridley Scott's biopic Finding a place at the Met, this opera sings in a language of its own 2/17/25, 1:19 Juilliard fires former chair Robert Beaser after sexual misconduct investigation 6/14 disciplined plea for peace \u2013 and quiet \u2013 from composer Arvo P\u00e4rt From opera to breakdancing and back again: Jakub J\u00f3zef Orli\u0144ski fuses two worlds After 12 years, pianist Awadagin Pratt rediscovers his sweet spot 2/17/25, 1:19 Juilliard fires former chair Robert Beaser after sexual misconduct investigation 7/14 Popular on NPR.org Protests are set to take place on Presidents Day. Here's why 2/17/25, 1:19 Juilliard fires former chair Robert Beaser after sexual misconduct investigation 8/14 federal worker tried to take Trump's 'Fork' resignation offer. Here's what happened Government Accountability official says fraud does exist, but it's not widespread 2/17/25, 1:19 Juilliard fires former chair Robert Beaser after sexual misconduct investigation 9/14 Courts block Trump's actions \u2014 chaos, panic not proving to be best legal strategy Deadly storms sweep through the South, leaving at least 9 fatalities 2/17/25, 1:19 Juilliard fires former chair Robert Beaser after sexual misconduct investigation 10/14 German chancellor slams Vance's call for Europe to be inclusive of far-right parties Editors' Picks Jacob Kiplimo sets new half marathon record, finishes in under 57 minutes 2/17/25, 1:19 Juilliard fires former chair Robert Beaser after sexual misconduct investigation 11/14 Congo says Rwanda-backed rebels occupy a 2nd major city in its mineral-rich east January 6th ... the board game? 2/17/25, 1:19 Juilliard fires former chair Robert Beaser after sexual misconduct investigation 12/14 Fans in Montreal loudly boo U.S. anthem prior to Americans' 4 Nations game vs. Canada At least 18 people are dead after a stampede at New Delhi railway station in India 2/17/25, 1:19 Juilliard fires former chair Robert Beaser after sexual misconduct investigation 13/14 Amazon workers vote against unionizing a North Carolina warehouse Home News Culture Music Podcasts & Shows Newsletters Facebook Instagram Press Public Editor Corrections Contact & Help Overview Diversity Network Accessibility Ethics Finances Support Public Radio Sponsor Careers Shop Events Extra terms of use privacy your privacy choices text only \u00a9 2025 npr 2/17/25, 1:19 Juilliard fires former chair Robert Beaser after sexual misconduct investigation 14/14", "8982_105.pdf": "VIOLINIST\u2026 play_circle play_circle 2025 STUDENT\u2026 1 DAYS8 HRS28 expand_circle_right Th \uf658 2/17/25, 1:20 Juilliard Removes Robert Beaser from Composition Faculty Following Investigation 1/13 (PC: Linn Recor \uf658 2/17/25, 1:20 Juilliard Removes Robert Beaser from Composition Faculty Following Investigation 2/13 Last year, Juilliard engaged independent investigators to review the al Composition Department from the late 1990s and In December 2022, journalist Sammy Sussman published a piece in the German-based misconduct allegations against the former chair of Juilliard\u2019s composition department, Ro In his article, Sussman revealed that Beaser \u201cfaced multiple, previously-undisclosed alleg misconduct from the late 1990s and 2000s few days later, The Juilliard School launched an independent investigation with the la placed Robert Beaser on leave pending its outcome. In an open letter to the administration of The Juilliard School that same month, hundred classical music industry echoed the sentiment for action. The findings of Juilliard's independent investigation were recently shared with the school Juilliard's steps of action that have and will take place. First, the investigation \"found credible evidence that Mr. Beaser engaged in conduct whic work and was inconsistent with Juilliard's commitment to provide a safe and supportive l Additionally, the investigation states that Beaser \"repeatedly misrepresented facts about h policy.\" Because of these findings, effective immediately, Robert Beaser is no longer employed b According to the New York Times, Beaser's lawyer, Richard C. Schoenstein, denied tha citing that the specific relationship took place 30 years ago, and had been known to Juilli \u201cDr. Beaser is shocked and dismayed by Juilliard\u2019s conclusions and actions,\u201d Schoenstein his legal rights in full.\u201d The additional allegations against the late Christopher Rouse, a former composition fac but could not be fully investigated\" as Rouse passed away in 2019 tl th i ti ti f d th t til t iti f lt b h \uf658 2/17/25, 1:20 Juilliard Removes Robert Beaser from Composition Faculty Following Investigation 3/13 Lastly, the investigation found that until recent years, composition faculty member John than men, but that Corigliano and the school did not have \"either a formal or informal po with him.\" Overall, however, the investigation reported that from the late 1990s and 2000s, \"some st an environment in the department that did not live up to the school\u2019s values and expectati To further reduce opportunities for the exploitation of power dynamics and empower ind \"continue to underscore our no retaliation policies and further clarify anonymous reportin incidents of harassment or bias.\" The full letter to the Juilliard Community can be read below: \"Dear Juilliard Community, We write to share an update on allegations of sexual misconduct in the Composition 2000s. Some of these allegations were previously investigated by Juilliard\u2019s admini 2000s and again in 2017-18 and were handled based on their understanding of the i However, to review new information reported in the media and to better understand launched an independent investigation in December 2022 and placed composition f pending its outcome. In sharing this summary of the investigation\u2019s findings and the resulting actions bei with the privacy and confidentiality interests of those who participated. Their partic ability to obtain facts and the school\u2019s ability to take the appropriate actions. Investigation and Findings In December 2022, Juilliard engaged independent investigators from the law firm comprehensive review of the alleged sexual misconduct in the Composition Depart 2000s. Their work included interviews with Juilliard alumni, students, staff, faculty matter, as well as a review of current and past policies, and other documents and in Regarding allegations against Robert Beaser, the investigation found credible evide \uf658 2/17/25, 1:20 Juilliard Removes Robert Beaser from Composition Faculty Following Investigation 4/13 Regarding allegations against Robert Beaser, the investigation found credible evide which interfered with individuals' academic work and was inconsistent with Juilliar supportive learning environment for its students. Furthermore, the investigation fou violated policy in effect at that time. The investigation also found that Mr. Beaser re actions, in violation of school policy. The investigation also received concerning allegations against former composition unwanted sexual advances and comments. The allegations were considered credible Mr. Rouse died in 2019. In regards to composition faculty member John Corigliano, the investigation noted than men were taught by Mr. Corigliano. The investigation did not, however, find th or informal policy of excluding women from studying with him. Finally, the investigation reported that in the time period in question some students, environment in the department that did not live up to the school\u2019s values and expec Juilliard\u2019s Conclusions and Action Steps We are troubled by the information the investigation received about the Compositio early 2000s and dismayed by the negative impact on individual students from that t learned we are taking several actions. First, the school is removing Robert Beaser from the composition faculty. Effective employed by the school. Second, the school will strengthen several existing policies. Currently, the school pr between faculty and undergraduate students and such relationships between faculty imbalance might be exploited (such as coexisting in the same department). Starting policy to prohibit all such relationships between faculty and students. In addition, w retaliation policies and further clarify anonymous reporting procedures for those im bias. These changes are intended to further reduce opportunities for exploitation of empower impacted individuals to come forward \uf658 2/17/25, 1:20 Juilliard Removes Robert Beaser from Composition Faculty Following Investigation 5/13 Third, the school recognizes the leadership role it plays in helping to address histor composition, and has been working to address these inequities over the last years th initiatives, and artist residencies. We reaffirm our commitment to this ongoing work the school. Other Existing Policies and Procedures In addition to the above, the school\u2019s previously adopted policies require that all on and the physical campus now includes windows in all doors to teaching studios. Fa in annual sexual harassment training and they are offered additional workshops on u other topics relating to equity, diversity, inclusion, and belonging (EDIB). Since the period in question, the school has established a formal Title office in c and federal law, and which is regularly reviewed for its effectiveness. The school ha providing resources for students, faculty, and staff. Additionally, the school offers fr through the counseling office, and to faculty and staff through employee assistance Juilliard is committed to providing a safe, supportive, and welcoming environment community, and to addressing concerns past and present. No form of discrimination all allegations reported to us seriously. While we recognize it can often be difficult witness or experience sexual misconduct at Juilliard, please contact our Bias Respo Sincerely, Damian Woetzel President Adam Meyer \uf658 2/17/25, 1:20 Juilliard Removes Robert Beaser from Composition Faculty Following Investigation 6/13 Provost Artist Timothy Ridout Named Visiting Professor of Music at London's Royal Academy of Music Ric Grenell Appointed as Interim Executive Director of the Kenned February 12, 2025 New England Conservatory Presents Violinist Joshua Brown February 11, 2025 Classeek Presents Pi Illia Ovcharenko February 11, 2025 \uf658 2/17/25, 1:20 Juilliard Removes Robert Beaser from Composition Faculty Following Investigation 7/13 Every Voice with Terrance McKnight Episode 4 \"The \uf658 2/17/25, 1:20 Juilliard Removes Robert Beaser from Composition Faculty Following Investigation 8/13 Every Voice with Terrance McKnight \u2014 Episode 4 The Applications Closing to Spain\u2019s Sarasate Academy 2025 February 14, 2025 Winners Announced at Franz Schubert and Modern Music February 14, 2025 Win 1 of 5 Signed Co of the London Symp Orchestra's Latest February 14, 2025 \uf658 2/17/25, 1:20 Juilliard Removes Robert Beaser from Composition Faculty Following Investigation 9/13 Ravinia Festival to Renovate Campus in $75m Update February 14, 2025 American Composers Orchestra Announces Inaugural Sorel Award February 14, 2025 Ren\u00e9e Fleming Resig from the Kennedy Takes Up New Role February 14, 2025 07 17 14 22 16 15 18 \uf658 2/17/25, 1:20 Juilliard Removes Robert Beaser from Composition Faculty Following Investigation 10/13 19 \uf658 2/17/25, 1:20 Juilliard Removes Robert Beaser from Composition Faculty Following Investigation 11/13 The Violin Channel is the New York City-based leading international classical music news media and streaming \u201cThank you Violin Channel for creating such a wo platform in our industry Professor of Violin - New England Conservat \uf658 2/17/25, 1:20 Juilliard Removes Robert Beaser from Composition Faculty Following Investigation 12/13 The Violin Channel is the New York City based leading international classical music news, media and streaming platform \u2014 with over 600,000+ social media and app devotees and an email subscription base of over 100,000 people, the platform consistently reaches in excess of 2,000,000 eyeballs worldwide each and every month. It comprehensively covers international classical music goings-on far beyond just the violin and strings, and includes up-to-date industry news, masterclasses, competition coverage, interviews, educational resources, events, and concert livestreams, with a heavy focus on the promotion of highly promising young string soloists and ensembles. \u00a92023 The Violin Channel, All Rights Reserved \uf658 2/17/25, 1:20 Juilliard Removes Robert Beaser from Composition Faculty Following Investigation 13/13", "8982_106.pdf": "2/17/25, 1:20 Juilliard fires professor after independent investigation finds credible evidence of misconduct 1/8 Juilliard fires professor after independent investigation finds credible evidence of misconduct By Caroll Alvarado 3 minute read \u00b7 Updated 3:00 EDT, Sat June 10, 2023 (CNN) \u2014 Editor\u2019s Note: This article and headline have been updated to correct the language of the findings regarding the school\u2019s investigation. Robert Beaser, the former chair of The Juilliard School\u2019s composition department, was fired after an independent investigation found Beaser had \u201cengaged in conduct which interfered with individuals\u2019 academic work and was inconsistent with Juilliard\u2019s commitment to provide a safe and supportive learning environment for its students\u201d and had an \u201cunreported relationship\u201d that violated school policy, the prestigious performing arts school in New York announced Thursday in a memo sent to students, staff, and faculty. People walk past the Irene Diamond Building at The Juilliard School on August 3, 2020. Alexi Rosenfeld/Getty Images 2/17/25, 1:20 Juilliard fires professor after independent investigation finds credible evidence of misconduct 2/8 In the memo provided to CNN, Juilliard says that in December 2022, the school undertook \u201ca comprehensive review of \u2026 alleged sexual misconduct in the Composition Department from the late 1990s and early 2000s.\u201d While the school\u2019s statement mentioned that it was writing \u201cto share an update on allegations of sexual misconduct,\u201d the memo did not specify any findings about sexual misconduct involving Beaser. In a statement to CNN, Beaser\u2019s attorney, Richard C. Schoenstein says \u201cthat Dr. Beaser denies sexually harassing anybody and that the Juilliard announcement did not indicate any evidence \u2013 credible or otherwise \u2013 of sexual harassment.\u201d Allegations against Beaser, who chaired the department from 1994 to 2018, were made relevant again after classical music magazine published an article in December looking into accusations Beaser had made repeated sexual advances toward students and entered into sexual relationships with some of them. In the article magazine claims Beaser faced several allegations of sexual harassment and misconduct, with some dating back to the late 1990s and early 2000s. According to VAN, Juilliard\u2019s Title coordinator was made aware of some allegations in 2018 Bill Cosby faces new sexual assault lawsuit Following the publication of the report, Beaser was placed on leave and Juilliard hired the law firm Potter & Murdock, P.C. to conduct a review of the alleged sexual misconduct in the composition department, according to the memo. \u201cSome of these allegations were previously investigated by Juilliard\u2019s administration in the late 1990s and early 2000s and again in 2017-18 and were handled based on their understanding of the information provided at that time,\u201d the memo read. \u201cHowever, to review new information reported in the media and to better understand the relevant facts, our administration launched an independent investigation in December 2022 and placed composition faculty member Robert Beaser on leave pending its outcome.\u201d During the time the allegations were brought up, the investigation concluded \u201csome students, especially women, experienced an environment in the department that did not live up to the school\u2019s values and expectations.\u201d \u201cThe relationship referred to in Juilliard\u2019s announcement happened 30 years ago and was well known to the school for many years. It was the subject of prior investigations,\u201d Beaser\u2019s 2/17/25, 1:20 Juilliard fires professor after independent investigation finds credible evidence of misconduct 3/8 attorney, Richard C. Schoenstein. \u201cDr. Beaser denies any allegation that he misrepresented facts. Moreover, he participated in this investigation (and the past investigations) fully and voluntarily. The other allegations suggested by the school are both unspecific and unattributed.\u201d The independent review also found credible evidence former composition professor and Pulitzer- and Grammy-winning composer Christopher Rouse made sexual advances and comments toward students, but the allegations could not be fully investigated because Rouse died in 2019, the memo said. In addition to terminating Beaser, the school says it plans to prohibit all amorous or sexual relationships between faculty and students starting in the fall. Previously, the school only prohibited amorous or sexual relationships between faculty and undergraduate students. However, it allowed relationships between faculty and graduate students where there wasn\u2019t a power imbalance that could be exploited, such as being in the same department. \u201cThe school recognizes the leadership role it plays in helping to address historical inequities in the field of composition, and has been working to address these inequities over the last years through artistic programming, mentorship initiatives, and artist residencies.\u201d Up next Jane Doe drops sexual assault lawsuit against Jay and Sean \u2018Diddy\u2019 Combs 3 minute read Government watchdogs fired by Trump sue to get their jobs back 5 minute read \u2018It was never going to be me\u2019: How Trump\u2019s sparked a crisis and mass resignations over the Eric Adams case 9 minute read Federal prosecutors drop criminal probe into ex boss Vince McMahon, his lawyer says 4 minute read fired day after report critical of impacts of Trump 2/17/25, 1:20 Juilliard fires professor after independent investigation finds credible evidence of misconduct 4/8 administration\u2019s dismantling of the agency 3 minute read Most read 1 Trump administration blasts \u2018unprecedented assault\u2019 on its power in first Supreme Court appeal 2 Expert has theory on Trump's strategy behind his attendance at big sporting events 3 Trump appears to channel Napoleon in vision for executive authority: \u2018He who saves his Country does not violate any Law\u2019 4 Roy Wood Jr. jokes about Tulsi Gabbard's qualifications for director of national intelligence 5 Isolated Indigenous man makes brief contact with outside world, then returns to tribe in the Amazon rainforest 6 Democrats confront their powerlessness as Trump flexes authority 7 \u2018Salute and execute new generation of military veterans takes center stage as Trump remakes foreign policy 8 Is China\u2019s military really built for war? New report questions Beijing\u2019s arms buildup 9 Netanyahu vows to \u2018finish the job\u2019 against Iran with support from Trump 10 Ballerina\u2019s parents jailed for neglecting the daughter they bathed in attention but starved of food Jane Doe drops sexual assault lawsuit against Jay and Sean \u2018Diddy\u2019 Combs Government 2/17/25, 1:20 Juilliard fires professor after independent investigation finds credible evidence of misconduct 5/8 Sign in World watchdogs fired by Trump sue to get their jobs back \u2018It was never going to be me\u2019: How Trump\u2019s sparked a crisis and mass Trump administration blasts \u2018unprecedented assault\u2019 on its ... Expert has theory on Trump's strategy behind his attendance at big sporting events Trump appears to channel Napoleon in vision for executive authority: \u2018He who saves ... Search CNN... Live Listen Watch 2/17/25, 1:20 Juilliard fires professor after independent investigation finds credible evidence of misconduct 6/8 World Politics Business Markets Health Entertainment Tech Style Travel Sports Science Climate Weather Ukraine-Russia War Israel-Hamas War Features Watch Listen About Terms of Use Privacy Policy Cookie Settings Ad Choices Accessibility About Newsletters Transcripts \u00a9 2025 Cable News Network Warner Bros. Discovery Company. All Rights Reserved 2/17/25, 1:20 Juilliard fires professor after independent investigation finds credible evidence of misconduct 7/8 Sans \u2122 & \u00a9 2016 Cable News Network. 2/17/25, 1:20 Juilliard fires professor after independent investigation finds credible evidence of misconduct 8/8", "8982_107.pdf": "More than 500 musicians demand accountability after Juilliard misconduct allegations By Anastasia Tsioulcas Published December 19, 2022 at 8:52 This story was published more than 2 years ago. Noam Galai / Getty Images An exterior shot of The Juilliard School in New York City, taken in September 2020. More than 500 musicians and leaders in the classical music community have signed an open letter to the administration of The Juilliard School, demanding that the famed performing arts institution take immediate action regarding sexual misconduct \ud83d\udc98 Explore real stories of love, connection and fate from your community \ud83d\udc98 Give Now World Service 2/17/25, 1:20 More than 500 musicians demand accountability after Juilliard misconduct allegations Public Media 1/10 allegations against composer Robert Beaser, the former chair of Juilliard's composition department. The open letter was first published Friday. Sexual misconduct allegations against Beaser, as well as the late composer Christopher Rouse, were first published in the German-based magazine last week. On Monday, Juilliard confirmed to that Beaser stepped away from teaching and his other responsibilities at the school as of Friday afternoon. Both the composition faculty and students received notifications of this development from the school's provost, Adam Meyer. The emailed letter sent to faculty reads in part: \"We will continue to conduct the investigation in a confidential manner. We want to assure you that our processes and procedures provide for fair and impartial treatment of all involved, and we are committed to our work to resolve this matter.\" As of Monday morning, more than 500 musicians and leaders in the classical music community had signed the open letter. Calling Beaser's alleged conduct \"a decades-long abuse of women and power,\" the signatories wrote: \"Though we recognize and appreciate the need for due process, the volume of allegations, testimony, and supporting evidence of Beaser's misconduct are undeniably unsettling. Until the investigation is resolved, Beaser's presence in the Juilliard composition department could jeopardize the emotional well-being of students and inhibit a safe and healthy learning environment.\" The letter signers include dozens of leading composers, educators and performing arts presenters across the U.S., many of whom are Juilliard graduates. The signatories include composers Vivian Fung, Sarah Kirkland Snider, Nicholas Britell, Missy Mazzoli, Vijay Iyer and George E. Lewis, and current professors at such institutions as Harvard, Princeton and Yale universities as well as Philadelphia's Curtis Institute of Music and Juilliard itself. Copyright 2022 NPR. To see more, visit Tags Arts & Culture Music Top Stories World Service 2/17/25, 1:20 More than 500 musicians demand accountability after Juilliard misconduct allegations Public Media 2/10 Anastasia Tsioulcas Anastasia Tsioulcas is a correspondent on NPR's Culture desk. She is intensely interested in the arts at the intersection of culture, politics, economics and identity, and primarily reports on music. Recently, she has extensively covered gender issues and #MeToo in the music industry, including the trial and conviction of former superstar R. Kelly; backstage tumult and alleged secret deals in the wake of sexual misconduct allegations against megastar singer Pl\u00e1cido Domingo; and gender inequity issues at the Grammy Awards. Sign up for our newsletters! 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Give Corporate Support Donate Membership Information Other Ways to Give Tax Environment Big homeowner rate hike from State Farm shot down by California regulator February 14, 2025 World Service 2/17/25, 1:20 More than 500 musicians demand accountability after Juilliard misconduct allegations Public Media 9/10 Privacy Policy Staff Terms of Service Passport Help Help Center Vehicle Donation World Service 2/17/25, 1:20 More than 500 musicians demand accountability after Juilliard misconduct allegations Public Media 10/10", "8982_108.pdf": "VIOLINIST\u2026 play_circle play_circle 2025 STUDENT\u2026 0 DAYS14 HRS1 expand_circle_right Th \uf658 2/17/25, 1:20 The Juilliard School Investigates Sexual Misconduct by Composition Faculty 1/11 \uf658 2/17/25, 1:20 The Juilliard School Investigates Sexual Misconduct by Composition Faculty 2/11 Over 500 musicians and music leaders signed an open letter to the s composer Robert Beaser\u2019s decades-long misco In an open letter to the administration of The Juilliard School on December 16, hundre music demanded that the school take immediate action regarding misconduct allegations composition department, Robert Beaser. The allegations against Beaser, as well as those made against the late composer Christop journalist Sammy Sussman in the German-based magazine. Sussman shared the results of a six-month investigation into allegations against several Ju revealing that Beaser \u201cfaced multiple, previously-undisclosed allegations of sexual haras 1990s and 2000s.\u201d The open letter\u2019s signatories include composers, educators, and performing arts presenter Juilliard graduates. The composers who signed include Vivian Fung, Nicholas Britell E. Lewis, plus current professors at the Harvard, Princeton, and Yale universities, as well Juilliard. The letter reads: \u201cWe, a diverse community of composers, musicians, educators, leaders, and allies, of a decades-long abuse of women and power by composer Robert Beaser. While his conduct is being third-party investigated, we call for his immediate place faculty of The Juilliard School. Though we recognize and appreciate the need for du testimony, and supporting evidence of Beaser\u2019s misconduct are undeniably unsettlin Beaser\u2019s presence in the Juilliard composition department could jeopardize the emo a safe and healthy learning environment. When allegations are extensive and documented, as they are in this case, allowing t position of power and authority risks not only a daily affront to survivors of abuse \uf658 2/17/25, 1:20 The Juilliard School Investigates Sexual Misconduct by Composition Faculty 3/11 also a potential endorsement of immoral, unethical, and bigoted behavior.\u201d On December 8, before receiving the letter, The Juilliard School launched an independe allegations brought forward by Magazine. As part of the school\u2019s process, Beaser, 6 The composition faculty and its students were also provided updates on this development Meyer. \u201cWe will continue to conduct the investigation in a confidential manner,\u201d read the email t assure you that our processes and procedures provide for fair and impartial treatment of a our work to resolve this matter.\u201d As reported in the Washington Post, composer Sarah Kirkland Snider, who helped w many female composers confronting the school and had assembled a coalition in the #Me composers a space to discuss their own experiences of abuse and harassment in their prof In January 2023, Snider and other composers are planning their first in-person strategic m \u201cintersectional\u201d abuse and harassment in the composition and classical music industry. \u201cThe positive thing to say about all of this is that it\u2019s one of the very first times \u2014 maybe composition community \u2014 that men and women and people of all genders have come to another,\u201d Snider said. \u201cIt\u2019s such a momentous occasion in our field, and think it speaks and change.\u201d SHARE: \uf09a \uf099 \uf173 \uf0d2 Fischoff Chamber Music Competition Danie \uf658 2/17/25, 1:20 The Juilliard School Investigates Sexual Misconduct by Composition Faculty 4/11 Fischoff Chamber Music Competition Announces 2023 Jurors Danie 2025 Jascha Heifetz Violin Competition February 16, 2025 Ric Grenell Appointed as Interim Executive Director of the Kenned February 12, 2025 New England Conservatory Presen Violinist Joshua Bro February 11, 2025 \uf658 2/17/25, 1:20 The Juilliard School Investigates Sexual Misconduct by Composition Faculty 5/11 Every Voice with Terrance McKnight \u2014 Episode 4 \"The \uf658 2/17/25, 1:20 The Juilliard School Investigates Sexual Misconduct by Composition Faculty 6/11 Applications Closing to Spain\u2019s Sarasate Academy 2025 February 14, 2025 Winners Announced at Franz Schubert and Modern Music February 14, 2025 Win 1 of 5 Signed Co of the London Symp Orchestra's Latest February 14, 2025 Ravinia Festival to Renovate Campus in $75m Update February 14, 2025 American Composers Orchestra Announces Inaugural Sorel Award February 14, 2025 Ren\u00e9e Fleming Resig from the Kennedy Takes Up New Role February 14, 2025 \uf658 2/17/25, 1:20 The Juilliard School Investigates Sexual Misconduct by Composition Faculty 7/11 07 17 14 22 16 15 18 19 \uf658 2/17/25, 1:20 The Juilliard School Investigates Sexual Misconduct by Composition Faculty 8/11 \uf658 2/17/25, 1:20 The Juilliard School Investigates Sexual Misconduct by Composition Faculty 9/11 The Violin Channel is the New York City-based leading international classical music news media and streaming \u201cThank you Violin Channel for creating such a wo platform in our industry Professor of Violin - New England Conservat \uf658 2/17/25, 1:20 The Juilliard School Investigates Sexual Misconduct by Composition Faculty 10/11 The Violin Channel is the New York City based leading international classical music news, media and streaming platform \u2014 with over 600,000+ social media and app devotees and an email subscription base of over 100,000 people, the platform consistently reaches in excess of 2,000,000 eyeballs worldwide each and every month. It comprehensively covers international classical music goings-on far beyond just the violin and strings, and includes up-to-date industry news, masterclasses, competition coverage, interviews, educational resources, events, and concert livestreams, with a heavy focus on the promotion of highly promising young string soloists and ensembles. \u00a92023 The Violin Channel, All Rights Reserved \uf658 2/17/25, 1:20 The Juilliard School Investigates Sexual Misconduct by Composition Faculty 11/11"} |
7,508 | Thomas Winter | Pennsylvania State University – Wilkes-Barre | [
"7508_101.pdf",
"7508_102.pdf",
"7508_103.pdf",
"7508_104.pdf",
"7508_105.pdf"
] | {"7508_101.pdf": "By By | | jhalpin@citizensvoice.com jhalpin@citizensvoice.com | The Citizens' Voice | The Citizens' Voice UPDATED: UPDATED: November 30, 2016 at 12:00 November 30, 2016 at 12:00 lawsuit filed by a Pennsylvania State University physics lawsuit filed by a Pennsylvania State University physics professor fired amid sexual harassment claims should be dismissed because professor fired amid sexual harassment claims should be dismissed because he fails to prove a breach of contract, university officials argue in a court he fails to prove a breach of contract, university officials argue in a court filing Wednesday. filing Wednesday. Thomas Winter of Shavertown is suing the university in county court for Thomas Winter of Shavertown is suing the university in county court for wrongful termination over his 2014 firing, which took place after a 21-year- wrongful termination over his 2014 firing, which took place after a 21-year- old student at the university\u2019s Lehman Township campus accused him of old student at the university\u2019s Lehman Township campus accused him of sexual harassment. sexual harassment. Court documents say Winter had gone to lunch with the student and Court documents say Winter had gone to lunch with the student and complimented her appearance on several occasions, causing the woman to complimented her appearance on several occasions, causing the woman to worry her grades would suffer after she refused to go out with him again. worry her grades would suffer after she refused to go out with him again. Winter maintains that the allegations are false but that even if true, they Winter maintains that the allegations are false but that even if true, they would not constitute sexual harassment. would not constitute sexual harassment. Winter previously filed a federal lawsuit against the university, which U.S. Winter previously filed a federal lawsuit against the university, which U.S. District Judge A. Richard Caputo dismissed, granting Winter the option to District Judge A. Richard Caputo dismissed, granting Winter the option to sue in state court for breach of contract. sue in state court for breach of contract. Winter filed his state complaint in August, asserting he did not engage in Winter filed his state complaint in August, asserting he did not engage in sexual harassment or \u201cgrave misconduct,\u201d as the university alleged. sexual harassment or \u201cgrave misconduct,\u201d as the university alleged seeks dismissal of physics seeks dismissal of physics professor\u2019s lawsuit professor\u2019s lawsuit 2/17/25, 1:44 seeks dismissal of physics professor\u2019s lawsuit \u2013 Wilkes-Barre Citizens' Voice 1/2 2016 2016 \ue907 \ue907November November \ue907 \ue90730 30 Originally Published: Originally Published: November 30, 2016 at 7:00 November 30, 2016 at 7:00 response university attorneys filed Wednesday seeks dismissal of the response university attorneys filed Wednesday seeks dismissal of the complaint, citing the federal court case\u2019s dismissal and arguing that Winter complaint, citing the federal court case\u2019s dismissal and arguing that Winter has failed to identify any specific contractual provision the university has failed to identify any specific contractual provision the university violated. violated. Claims that the university was wrong by conducting an \u201cambush interview\u201d Claims that the university was wrong by conducting an \u201cambush interview\u201d leading up to Winter\u2019s firing and by having the vice provost for affirmative leading up to Winter\u2019s firing and by having the vice provost for affirmative action conduct the investigation into the allegations are not established in action conduct the investigation into the allegations are not established in any contract, the attorneys wrote. any contract, the attorneys wrote. And although Winter claims his conduct did not rise to the level \u201csevere or And although Winter claims his conduct did not rise to the level \u201csevere or pervasive\u201d sexual harassment, the university\u2019s policy establishes that the pervasive\u201d sexual harassment, the university\u2019s policy establishes that the president makes that determination, they wrote. president makes that determination, they wrote. Winter is seeking unspecified damages in excess of $50,000 and Winter is seeking unspecified damages in excess of $50,000 and reinstatement as professor at Penn State, where he worked for 38 years. reinstatement as professor at Penn State, where he worked for 38 years. 570-821-2058, @cvjimhalpin 570-821-2058, @cvjimhalpin 2/17/25, 1:44 seeks dismissal of physics professor\u2019s lawsuit \u2013 Wilkes-Barre Citizens' Voice 2/2", "7508_102.pdf": "Monday, February 17, 2025 Lawsuits Hot Topics Attorneys & Judges Legislation Asbestos State Court Federal Court Reform Discipline Legal Roundup Directory Home \u00bb Stories \u00bb 2021 \u00bb January Opinion Court throws out appeal of Penn State professor sacked for alleged sexual harassment Old Main at Penn State By Nicholas Malfitano Jan 7, 2021 former Penn State University professor has lost the appeal of his breach of contract lawsuit at the Superior Court of Pennsylvania, related to his alleged wrongful termination for sexual harassment three-judge Superior Court panel ruled Dec. 30 that judgment in favor of the university and against plaintiff Dr. Thomas Winter was affirmed, upholding the original decision of the Luzerne County Court of Common Pleas. Penn State employed Winter for 38 years as a physics professor in the Eberly College of Science, at Penn State\u2019s Wilkes-Barre Campus in Lehman. On Nov. 20, 2014, Penn State terminated Winter from his employment for \u201cgrave misconduct\u201d stemming from his alleged sexual harassment of an undergraduate student. Winter filed a complaint on Aug. 23, 2016 and an amended complaint on Oct. 4, 2016 against Penn State, that raised a claim for breach of contract related to his alleged unlawful termination and Penn State\u2019s alleged failure to act in good faith throughout the termination process. On March 20, 2020, the trial court, concluding that Penn State acted in good faith and complied with its stated policies and procedures for the dismissal of a tenured faculty member, entered an order granting summary judgment in favor of Penn State. 2/17/25, 1:44 Court throws out appeal of Penn State professor sacked for alleged sexual harassment | Pennsylvania Record 1/4 Winter then appealed to the Superior Court, countering that the school did not act in good faith per the tenets of \u201cPenn State Human Resources Policy HR-70 Dismissal of Tenured or Tenure-Eligible Faculty Members\u201d (HR-70) when it conducted the termination of his employment. \u201cThe essence of appellant\u2019s argument is not that Penn State unreasonably delayed notice of the alleged misconduct that gave rise to the adequate cause to initiate termination proceedings but, rather, that the notice should have preceded the March 21, 2014 meeting between Kenneth Lehrman, Vice President for Affirmative Action and Title Coordinator and Winter,\u201d Superior Court Judge Judith Ference Olson said. \u201cHR-70 required Penn State to investigate the veracity and circumstances of the sexual harassment allegations, first, in order to gain \u2018sufficient information concerning the allegations\u2019 and then to apprise appellant, in a HR-70 notice, of Penn State\u2019s position and to provide appellant an opportunity to respond. Compliance with HR-70 is achieved so long as notice is sent within a reasonable time after an appropriate administrator learns of the \u2018adequate cause\u2019 event. HR-70 does not require that notice be sent to the faculty member before a first or subsequent investigative interaction, such as the meeting between Lehrman and appellant.\u201d Olson added that a termination letter being drafted for review by Penn State\u2019s president within one day of receiving the recommendation to terminate Winter\u2019s employment \u201cdoes not give rise to a genuine issue of material fact as to whether Penn State acted in good faith.\u201d \u201cGiven the seriousness of sexual harassment allegations and the need to remove harassers where adequate cause for termination has been found, the speed in which Penn State acted on this matter by drafting a termination letter for the president\u2019s review does not amount to an act of bad faith. Rather, given the urgency with which such matters are to be resolved, as demonstrated by the time restrictions set forth in HR-70, Penn State\u2019s quick action in drafting the termination letter amounts to a good faith effort to bring resolution to the matter,\u201d Olson stated. Superior Court of Pennsylvania case 745 2020 Luzerne County Court of Common Pleas case 8789-2016 From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com 2/17/25, 1:44 Court throws out appeal of Penn State professor sacked for alleged sexual harassment | Pennsylvania Record 2/4 1 Judge: Philadelphia officer right to shoot man who fled into other's home, wouldn't show hands 2 Will FTC's case against Meta impact UPMC? Hospital accused of too much power 3 Lawsuit: Neighbors gain political power in small town to harass used car dealer 4 Leaders in Legal Academia 5 Professor Juliet Moringiello Honored with Prestigious Mentorship Award Homeowner Accused of Negligence Leading to Severe Injuries Plaintiff Alleges Negligence Against Restaurant Over Hookah Incident Property Owners Accused of Negligence After Tenant Injury at Pennsylvania Apartment Complex Plaintiffs Allege Negligence Against Shopping Center Over Premises Liability Incident 2/17/25, 1:44 Court throws out appeal of Penn State professor sacked for alleged sexual harassment | Pennsylvania Record 3/4 e n ns y l va nia Re c o rd ad is o n o un ty Re c o rd 2 0 4 5 ra n d ve h i ca g o llin ois 6 06 1 2 i nf o @ p e n n re co rd. c om o o k o un t y e c ord lo r id a Re c ord eg a l e ws lin e o u i si a n a Re c ord a d i so n t la ir e c ord o r t h er n alif orn ia e c ord ou t he a s t Te x as Re c ord ou t he r n a lif orn ia Re c ord t o ui s e c o rd e st i rg in ia Re c ord a ws u it s o t op ic s t t o r n e ys & Ju d g e s eg isl a t i on sb e st os t a t e ou r t e d er a l ou r t Re f orm i sc ip lin e e ws le t t e rs i Ap p b ou t o n t a ct i r e ct ory \u00a9 2025 Madison County Record Privacy Policy | Terms of Service 2/17/25, 1:44 Court throws out appeal of Penn State professor sacked for alleged sexual harassment | Pennsylvania Record 4/4", "7508_104.pdf": "By By UPDATED: UPDATED: June 15, 2015 at 2:00 June 15, 2015 at 2:00 In March 2014, Penn State Wilkes-Barre professor Thomas Winter says he In March 2014, Penn State Wilkes-Barre professor Thomas Winter says he received an email from his boss requesting a meeting the next day about an received an email from his boss requesting a meeting the next day about an academic matter. academic matter. The meeting wasn\u2019t about academics, he says. It concerned a sexual The meeting wasn\u2019t about academics, he says. It concerned a sexual harassment complaint brought by an administrator at the school on behalf harassment complaint brought by an administrator at the school on behalf of a 21-year-old female student. of a 21-year-old female student. Later that year, Winter was fired. He says now in a lawsuit that public Later that year, Winter was fired. He says now in a lawsuit that public criticism of the university in the wake of the Jerry Sandusky scandal and a criticism of the university in the wake of the Jerry Sandusky scandal and a federal investigation into sexual misconduct complaints contributed to his federal investigation into sexual misconduct complaints contributed to his dismissal. dismissal. Winter, a physics professor until his termination, filed a lawsuit Friday in Winter, a physics professor until his termination, filed a lawsuit Friday in United States District Court alleging that his firing in 2014 was illegal. As a United States District Court alleging that his firing in 2014 was illegal. As a tenured professor, he could only be fired for \u201cgrave misconduct,\u201d and his tenured professor, he could only be fired for \u201cgrave misconduct,\u201d and his behavior did not constitute that, his lawsuit said. behavior did not constitute that, his lawsuit said Former Penn State professor Former Penn State professor files suit against university over files suit against university over firing firing 2/17/25, 1:44 Former Penn State professor files suit against university over firing \u2013 Wilkes-Barre Citizens' Voice 1/3 Kathie Flanagan-Herstek, director of Student Programs and Services at Penn Kathie Flanagan-Herstek, director of Student Programs and Services at Penn State Wilkes-Barre, filed a sexual harassment complaint on behalf of a State Wilkes-Barre, filed a sexual harassment complaint on behalf of a woman enrolled at the campus in Lehman Township. The student was in woman enrolled at the campus in Lehman Township. The student was in Winter\u2019s physics class and in an independent study class during the first half Winter\u2019s physics class and in an independent study class during the first half of the spring 2014 semester. of the spring 2014 semester. Winter and the student had gone out to lunch together and Winter Winter and the student had gone out to lunch together and Winter complimented her on her appearance on different occasions, according to complimented her on her appearance on different occasions, according to the lawsuit\u2019s summary of the complaint against Winter. The student was the lawsuit\u2019s summary of the complaint against Winter. The student was concerned her grades would suffer after she refused to go to lunch a fifth concerned her grades would suffer after she refused to go to lunch a fifth time with Winter and told him she was uncomfortable because he told her time with Winter and told him she was uncomfortable because he told her he personally liked her and had complimented her appearance, according to he personally liked her and had complimented her appearance, according to the complaint. the complaint. The lawsuit said those allegations aren\u2019t true and even if they were, The lawsuit said those allegations aren\u2019t true and even if they were, wouldn\u2019t constitute sexual harassment. wouldn\u2019t constitute sexual harassment. He argued the student\u2019s concerns about her grades were unfounded. Winter He argued the student\u2019s concerns about her grades were unfounded. Winter raised the student\u2019s grade from a minus to a after learning she needed at raised the student\u2019s grade from a minus to a after learning she needed at least a to enroll as a chemistry major at the University Park campus. He least a to enroll as a chemistry major at the University Park campus. He also allowed her to improve her grade on a final exam by allowing her to also allowed her to improve her grade on a final exam by allowing her to expand on an answer from a test. Winter said he allowed other students this expand on an answer from a test. Winter said he allowed other students this opportunity as well, and that the grade change and exam review came after opportunity as well, and that the grade change and exam review came after the student refused to go to lunch. the student refused to go to lunch. University officials investigated the complaint against Winter. Kenneth University officials investigated the complaint against Winter. Kenneth Lehrman, the vice provost for affirmative action and the Title coordinator Lehrman, the vice provost for affirmative action and the Title coordinator for Penn State, met with Winter at the meeting he expected to be about for Penn State, met with Winter at the meeting he expected to be about academics. That interview was part of Lehrman\u2019s report. academics. That interview was part of Lehrman\u2019s report. \u201cIt violates standards of fairness and due process for the supposed neutral \u201cIt violates standards of fairness and due process for the supposed neutral investigator of a sexual harassment complaint to conduct an ambush investigator of a sexual harassment complaint to conduct an ambush interview of the accused without giving any advance notice that a sexual interview of the accused without giving any advance notice that a sexual harassment complaint has been filed and without divulging the allegations harassment complaint has been filed and without divulging the allegations prior to the interview,\u201d Winter\u2019s lawsuit said. prior to the interview,\u201d Winter\u2019s lawsuit said. After Lehrman\u2019s report, a five-person tenure committee heard the case in After Lehrman\u2019s report, a five-person tenure committee heard the case in the fall of 2014. the fall of 2014. Lehrman spoke about pedophiles \u201cgrooming\u201d children, referring to Lehrman spoke about pedophiles \u201cgrooming\u201d children, referring to befriending a child in order to establish opportunities for sexual abuse, befriending a child in order to establish opportunities for sexual abuse, according to the lawsuit. That was \u201can inflammatory concept given the according to the lawsuit. That was \u201can inflammatory concept given the Sandusky pedophile history of Penn State,\u201d the lawsuit read. Sandusky pedophile history of Penn State,\u201d the lawsuit read. 2/17/25, 1:44 Former Penn State professor files suit against university over firing \u2013 Wilkes-Barre Citizens' Voice 2/3 2015 2015 \ue907 \ue907June June \ue907 \ue90715 15 Originally Published: Originally Published: June 15, 2015 at 10:00 June 15, 2015 at 10:00 Even if Winter had been pursuing a consensual sexual relationship with the Even if Winter had been pursuing a consensual sexual relationship with the student, which he and the student testified was not the case, it\u2019s not student, which he and the student testified was not the case, it\u2019s not appropriate characterization to call that \u201cgrooming,\u201d the lawsuit read. Using appropriate characterization to call that \u201cgrooming,\u201d the lawsuit read. Using that language only served to prejudice the board against Winter, he claimed. that language only served to prejudice the board against Winter, he claimed. Winter outlined other reasons he thought the termination violated his right Winter outlined other reasons he thought the termination violated his right to due process. Flanagan-Herstek applied her own definition of sexual to due process. Flanagan-Herstek applied her own definition of sexual harassment to the situation instead of the university\u2019s definition and harassment to the situation instead of the university\u2019s definition and Lehrman\u2019s position as Title coordinator was a conflict of interest, among Lehrman\u2019s position as Title coordinator was a conflict of interest, among other issues, the lawsuit alleged. other issues, the lawsuit alleged. The record did not justify the tenure committee\u2019s finding, Winter argued. The record did not justify the tenure committee\u2019s finding, Winter argued. Instead, he was fired because he is male. Instead, he was fired because he is male. \u201cHe was terminated because of the University\u2019s desire to improve its record \u201cHe was terminated because of the University\u2019s desire to improve its record with respect to the handling of complaints of sexual harassment made by with respect to the handling of complaints of sexual harassment made by female students against males,\u201d the lawsuit said. female students against males,\u201d the lawsuit said. Winter is seeking reinstatement to his position as a physics professor as well Winter is seeking reinstatement to his position as a physics professor as well as compensation and punitive damages. as compensation and punitive damages call to Penn State\u2019s public affairs was not returned. Winter\u2019s attorney call to Penn State\u2019s public affairs was not returned. Winter\u2019s attorney declined to comment. declined to comment. bwellock@citizensvoice.com bwellock@citizensvoice.com 570-821-2051, @CVBillW 570-821-2051, @CVBillW 2/17/25, 1:44 Former Penn State professor files suit against university over firing \u2013 Wilkes-Barre Citizens' Voice 3/3", "7508_105.pdf": "From Casetext: Smarter Legal Research Winter v. Pa. State Univ Mar 22, 2016 172 F. Supp. 3d 756 (M.D. Pa. 2016) Copy Citation Download Check Treatment Meet CoCounsel, pioneering that\u2019s secure, reliable, and trained for the law. Try CoCounsel free NO. 3:15-CV-01166 2016-03-22 Dr. Thomas Winter, Plaintiff, v. The Pennsylvania State University, et al., Defendants. A. Richard Caputo, United States District Judge Donald H. Brobst, Magda Patitsas, Thomas J. Campenni, Rosenn, Jenkins & Greenwald, LLP, Wilkes-Barre, PA, for Plaintiff. James M. Horne, Philip K. Miles, III, McQuaide Blasko Law Offices, State College, PA, for Defendants. Sign In Search all cases and statutes... Opinion Summaries Case details 2/17/25, 1:44 Winter v. Pa. State Univ., 172 F. Supp. 3d 756 | Casetext Search + Citator 1/27 *761 761 Donald H. Brobst, Magda Patitsas, Thomas J. Campenni, Rosenn, Jenkins & Greenwald, LLP, Wilkes-Barre, PA, for Plaintiff. James M. Horne, Philip K. Miles, III, McQuaide Blasko Law Offices, State College, PA, for Defendants A. Richard Caputo, United States District Judge Presently before the Court is a Motion to Dismiss Plaintiff Dr. Thomas Winter's Complaint filed by Defendants The Pennsylvania State University (\u201cPenn State\u201d) and eleven (11) Penn State employees in their official and individual capacities (collectively \u201cDefendants\u201d). (Doc. 5.) Plaintiff's Complaint asserts claims for (1) a violation of his procedural due process rights under 42 U.S.C. \u00a7 1983 (\u2018section 1983 \u2018); (2) a violation of his substantive due process rights under section 1983 ; (3) sex discrimination under 20 U.S.C. \u00a7 1681 (\u201cTitle IX\u201d); and (4) breach of contract. (Doc. 1.) Because Plaintiff has failed to state a claim for a due process violation or for sex discrimination pursuant to Title IX, Defendants' motion to dismiss these claims will be granted. Because these claims will be dismissed will not exercise supplemental jurisdiction over Plaintiff's remaining breach of contract claim. Accordingly, Plaintiff's Complaint will be dismissed in its entirety. I. Background The facts as set forth in Plaintiff's Complaint are as follows: For thirty-eight (38) years, Plaintiff Dr. Thomas Winter was a tenured physics professor at Penn State's Wilkes-Barre campus. As a tenured professor, Plaintiff could only be terminated for \u201cgrave misconduct.\u201d On November 20, 2014, Plaintiff was terminated from employment by Penn State's president, Defendant Eric J. Barron, \u201cfor the adequate cause of grave misconduct effective immediately.\u201d (Doc. 1, \u00b6 82.) The present dispute centers around the issue of whether Plaintiff's termination violated Penn State's tenure policies as well as his rights under federal and state law. 2/17/25, 1:44 Winter v. Pa. State Univ., 172 F. Supp. 3d 756 | Casetext Search + Citator 2/27 Defendants include Penn State, which is a public state-related university, and eleven (11) Penn State employees in their official and individual capacities. These eleven (11) employees include the following individuals: (1) Eric J. Barron (\u201cBarron\u201d), President of Penn State; (2) Kenneth F. Lehrman (\u201cLehrman\u201d), Vice Provost for Affirmative Action and Title Coordinator for Penn State; *762 762 (3) Pamela Silver (\u201cSilver\u201d), Chairperson of the Standing Joint Committee on Tenure (\u201cSJCT\u201d); (4) Cynthia A. Brewer (\u201cBrewer\u201d), Head of the Department of Geography, College of Earth and Mineral Sciences at Penn State's University Park Campus and Member of the SJCT; (5) Catherine Harmonosky (\u201cHarmonosky\u201d), Interim Associate Dean for Undergraduate and Graduate Education in the College of Engineering at Penn State's University Park Campus and Member of the SJCT; (6) Christian M. Brady (\u201cBrady\u201d), Dean of Schreyer Honors College of Penn State employee and Member of the SJCT; (7) Ann. M. Williams (\u201cWilliams\u201d), Chancellor of Penn State Lehigh Valley at Penn State's Lehigh Campus and Member of the SJCT; (8) Madlyn Hanes (\u201cHanes\u201d), Vice President for Commonwealth Campuses and Dean of the University College; (9) Daniel Larson (\u201cLarson\u201d), Dean of the Eberly College of Science; (10) Nicholas Jones (\u201cJones\u201d), Executive Vice President and Provost; and 2/17/25, 1:44 Winter v. Pa. State Univ., 172 F. Supp. 3d 756 | Casetext Search + Citator 3/27 (11) Kathie Flanagan-Herstek (\u201cFlanagan-Herstek\u201d), Director of Student and Enrollment Services at Penn State's Wilkes-Barre campus. On March 20, 2014, at Defendant Lehrman's direction, Albert Lozano, the Director of Academic Affairs at Penn State's Wilkes-Barre campus, e-mailed Plaintiff advising him that he, Dr. Lozano, needed to meet with Plaintiff the next day regarding an academic matter. However, when Plaintiff arrived at Dr. Lozano's office, Dr. Lozano immediately left, leaving Plaintiff alone with Defendant Lehrman. Defendant Lehrman then proceeded to conduct an \u201cambush interview\u201d of Plaintiff regarding a sexual harassment complaint that had been filed against Plaintiff by Defendant Flanagan-Herstek on behalf of J.T., a twenty-one-year-old undergraduate female student in one of Plaintiff's physics classes. Plaintiff received no advance notice that the meeting was going to be about a sexual harassment complaint. During this meeting, Plaintiff was not shown a copy of J.T.'s complaint. This meeting was Defendant Lehrman's sole interview with Plaintiff. At some point after this interview and after conducting an investigation into the sexual harassment complaint, Defendant Lehrman drafted a report (the \u201cLehrman Report\u201d), in which he recommended that the University institute the procedures outlined in University Policy HR70 for Plaintiff's dismissal. At the time of Defendant Lehrman's investigation, there were Title complaints pending against Penn State and the U.S. Department of Education was investigating Penn State's handling of sexual misconduct complaints. Subsequently, on August 11, 2014, based on the Lehrman Report and their own judgment, Defendants Hanes, Larson, and Jones sent a letter to the stating their belief that termination of Plaintiff's employment for grave misconduct was warranted. As a result of this letter and the Lehrman Report, termination proceedings were instituted. On September 16 and October 1, 2014, a hearing was held before the SJCT. Plaintiff was represented by counsel at this hearing. The consisted of Defendants Silver, Brewer, Harmonosky, Brady, and Williams, who, over counsel's objections, allowed hearsay and double-hearsay testimony to prejudice Plaintiff. Defendants Hanes and Larson, both of whom are high 2/17/25, 1:44 Winter v. Pa. State Univ., 172 F. Supp. 3d 756 | Casetext Search + Citator 4/27 officials at the University and outranked the members, were permitted to testify against Plaintiff even *763 though they lacked personal knowledge with respect to anything that occurred. Although both J.T. and Plaintiff testified that Plaintiff was not seeking a sexual relationship with J.T., Defendant Lehrman falsely accused Plaintiff of \u201cgrooming\u201d J.T. for such a relationship. Plaintiff alleges that Defendant Lehrman knew that to accuse Plaintiff of \u201cgrooming\u201d J.T. would have a highly inflammatory effect and would prejudice the against Plaintiff given Penn State's recent and highly publicized sex abuse scandal regarding Jerry Sandusky, a former assistant football coach for Penn State. 763 On November 20, 2014, Defendant Barron terminated Plaintiff's employment with Penn State for \u201cgrave misconduct.\u201d The termination was made upon the recommendation of the following a two-day hearing before the Committee. The \u201cgrave misconduct\u201d that Plaintiff engaged in concerned two (2) comments on J.T.'s appearance and one \u201chug\u201d towards J.T. After Plaintiff allegedly complimented J.T. on her appearance in February 2014 and after having had lunch off campus with J.T. to discuss her independent study (a practice that Plaintiff did with other male and female students), J.T. grew concerned that her grades in Plaintiff's classes might suffer after she refused to go to lunch for a fifth time with Plaintiff after she had indicated to him that she was uncomfortable doing so because he had told her he liked her personally and had complimented her appearance. Defendant Flanagan-Herstek told J.T. that she had been sexually harassed. Plaintiff asserts that given the sharp public criticism of Penn State and its handling of sexual harassment complaints, Defendants Penn State, Lehrman, Barron, Hanes, Larson, Jones, and Flanagan-Herstek lacked the impartiality necessary to provide Plaintiff with a fair investigation and ultimately a fair hearing and decision with respect to his matter. Plaintiff asserts that they participated in and orchestrated the effort to oust him from his position. Specifically, Plaintiff claims that Defendants were motivated by a desire to \u201cimprove their standing with the Department of Education\u201d and to \u201cavoid further public criticism.\u201d (Doc. 1, \u00b6 36.) Plaintiff further asserts that a review of the allegations set forth in the sexual harassment complaint filed shows that even if all the allegations set forth were true, it would not meet the definition of sexual harassment set forth in 2/17/25, 1:44 Winter v. Pa. State Univ., 172 F. Supp. 3d 756 | Casetext Search + Citator 5/27 the Penn State Policy applicable to tenured faculty, which is the same as the legal definition of sexual harassment. For example, despite J.T.'s alleged concerns about her grades, Plaintiff continued to assist J.T. to achieve her academic goal of enrolling the following semester as a chemistry major at University Park. After Plaintiff and J.T. agreed that the grade she deserved to receive in the Independent Math 141 course was a minus, Plaintiff, when he was informed by the Registrar that a minus would be insufficient for J.T. to enroll as a chemistry major at University Park, raised J.T.'s grade to a so that she could enroll. This occurred after J.T. had told Plaintiff that she did not want to have lunch with him. Plaintiff also gave J.T. the opportunity, as he had with other students, to raise her grade on a Physics 213 final exam by allowing her to expand her answer on one of the questions. This also occurred after J.T. told Plaintiff that she did not want to have lunch with him. II. Jurisdiction This Court has original jurisdiction over this action pursuant to 28 U.S.C. \u00a7 1331 because this case raises federal questions under the Fourteenth Amendment of the United States Constitution, 42 U.S.C. \u00a7 1983, and Title of the Education Act Amendments of 1972 (20 U.S.C. \u00a7 1681 ). *764 This Court has supplemental jurisdiction over Plaintiff's breach of contract claim pursuant to 28 U.S.C. \u00a7 1367. Venue is appropriate in the Middle District of Pennsylvania pursuant to 28 U.S.C. \u00a7 1391(a)(1) because the purportedly unlawful actions were committed within this judicial district. 764 III. Legal Standard Federal Rule of Civil Procedure 12(b)(6) provides for the dismissal of a complaint, in whole or in part, for failure to state a claim upon which relief can be granted. See Fed. R. Civ. P. 12(b)(6). When considering a Rule 12(b) (6) motion, the Court's role is limited to determining if a plaintiff is entitled to offer evidence in support of his claims. See Semerenko v. Cendant Corp. , 223 F.3d 165, 173 (3d Cir.2000). The Court does not consider whether a plaintiff will ultimately prevail. Id defendant bears the burden of 2/17/25, 1:44 Winter v. Pa. State Univ., 172 F. Supp. 3d 756 | Casetext Search + Citator 6/27 establishing that a plaintiff's complaint fails to state a claim. See Gould Elecs. v. United States , 220 F.3d 169, 178 (3d Cir.2000 pleading that states a claim for relief must contain \u201ca short and plain statement of the claim showing that the pleader is entitled to relief.\u201d Fed. R. Civ. P. 8(a)(2). The statement required by Rule 8(a)(2) must \u201c'give the defendant fair notice of what the... claim is and the grounds upon which it rests.\u201d' Erickson v. Pardus , 551 U.S. 89, 93, 127 S.Ct. 2197, 167 L.Ed.2d 1081 (2007) (per curiam) (quoting Bell Atl. Corp. v. Twombly , 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) ). Detailed factual allegations are not required. Twombly , 550 U.S. at 555, 127 S.Ct. 1955. However, mere conclusory statements will not do; \u201ca complaint must do more than allege the plaintiff's entitlement to relief.\u201d Fowler v Shadyside , 578 F.3d 203, 210 (3d Cir.2009). Instead, a complaint must \u201cshow\u201d this entitlement by alleging sufficient facts. Id . While legal conclusions can provide the framework of a complaint, they must be supported by factual allegations. Ashcroft v. Iqbal , 556 U.S. 662, 664, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). As such, \u201c[t]he touchstone of the pleading standard is plausability.\u201d Bistrian v. Levi , 696 F.3d 352, 365 (3d Cir.2012). The inquiry at the motion to dismiss stage is \u201cnormally broken into three parts: (1) identifying the elements of the claim, (2) reviewing the complaint to strike conclusory allegations, and then (3) looking at the well-pleaded components of the complaint and evaluating whether all of the elements identified in part one of the inquiry are sufficiently alleged.\u201d Malleus v. George , 641 F.3d 560, 563 (3d Cir.2011). Dismissal is appropriate only if, accepting as true all the facts alleged in the complaint, a plaintiff has not pleaded \u201cenough facts to state a claim to relief that is plausible on its face,\u201d Twombly , 550 U.S. at 570, 127 S.Ct. 1955, meaning enough factual allegations \u201c'to raise a reasonable expectation that discovery will reveal evidence of\u201d' each necessary element. Phillips v. Cty. of Allegheny , 515 F.3d 224, 234 (3d Cir.2008) (quoting Twombly , 550 U.S. at 556, 127 S.Ct. 1955 ). \u201cThe plausibility standard is not akin to a 'probability requirement,' but it asks for more than a sheer possibility that a defendant has acted unlawfully.\u201d Iqbal , 556 U.S. at 678, 129 S.Ct. 1937. \u201cWhen there are well-pleaded factual allegations, a court should assume their veracity and 2/17/25, 1:44 Winter v. Pa. State Univ., 172 F. Supp. 3d 756 | Casetext Search + Citator 7/27 then determine whether they plausibly give rise to an entitlement to relief.\u201d Id. at 679, 129 S.Ct. 1937. In deciding a motion to dismiss, the Court should consider the complaint, exhibits attached to the complaint, and matters of public record. Mayer v. Belichick , 605 F.3d 223, 230 (3d Cir.2010) (citing Pension Benefit Guar. Corp. v. White Consol. Indus., Inc. , 998 F.2d 1192, 1196 (3d Cir.1993) ). The Court may also consider \u201cundisputedly authentic\u201d documents when the plaintiff's claims are based on the documents *765 and the defendant has attached copies of the documents to the motion to dismiss. Pension Benefit Guar. Corp. , 998 F.2d at 1196. The Court need not assume that the plaintiff can prove facts that were not alleged in the complaint, see City of Pittsburgh v. W. Penn Power Co. , 147 F.3d 256, 263 & n. 13 (3d Cir.1998), or credit a complaint's \u201c'bald assertions\u201d' or \u201c'legal conclusions,\u201d' Morse v. Lower Merion Sch. Dist. , 132 F.3d 902, 906 (3d Cir.1997) (quoting In re Burlington Coat Factory Sec. Litig. , 114 F.3d 1410, 1429\u201330 (3d Cir.1997) ). 765 IV. Discussion On June 12, 2015, Plaintiff filed a four-count Complaint against Defendants. (Doc. 1.) Counts and assert procedural and substantive due process violations of Plaintiff's Fourteenth Amendment rights pursuant to section 1983. Count asserts a sex discrimination claim pursuant to Title IX. Count asserts a breach of contract claim. On August 13, 2015, Defendants filed the instant motion to dismiss all claims in Plaintiff's Complaint. (Doc. 5.) Each of these claims will be discussed in turn below. A. Section 1983 Claims Plaintiff asserts section 1983 claims against Defendants for violations of his Fourteenth Amendment due process rights. Section 1983 provides that \u201c[e]very person who, under color of any statute, ordinance, regulation, custom, or usage...subjects, or causes to be subjected, any citizen...or other person...to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured...\u201d 42 U.S.C. \u00a7 1983. To establish liability under section 1983, \u201ca plaintiff must show that the defendants, acting under color of law, violated the plaintiff's federal constitutional or statutory rights, and thereby caused the complained of 2/17/25, 1:44 Winter v. Pa. State Univ., 172 F. Supp. 3d 756 | Casetext Search + Citator 8/27 injury.\u201d Elmore v. Cleary , 399 F.3d 279, 281 (3d Cir.2005) (citing Sameric Corp. of Del., Inc. v. City of Phila. , 142 F.3d 582, 590 (3d Cir.1998) ). Here, Plaintiff asserts that Defendants violated his procedural and substantive due process rights under the Fourteenth Amendment, which prohibits a state from depriving any person of life, liberty, or property, without due process of law. U.S. Constit. Amend. XIV, \u00a7 1. 1. Procedural Due Process To state a claim for deprivation of procedural due process rights, a plaintiff must allege that (1) he was deprived of an individual interest that is encompassed within the Fourteenth Amendment's protection of \u201clife, liberty, or property\u201d and (2) the procedures available to him did not provide \u201cdue process of law.\u201d Hill v. Borough of Kutztown , 455 F.3d 225, 233\u201334 (3d Cir.2006). Plaintiff asserts two (2) procedural due process claims. First, he raises a \u201cstigma-plus\u201d claim, contending that he was deprived of his liberty interest in his reputation. Second, he contends that he was deprived of his property interest in his tenured employment. a. Liberty Interest The Due Process Clause of the Fourteenth Amendment protects a liberty interest in reputation only when the plaintiff shows a \u201cstigma\u201d to reputation \u201c plus deprivation of some additional right or interest.\u201d Hill , 455 F.3d at 236 ; Dee v. Borough of Dunmore , 549 F.3d 225, 233\u201334 (3d Cir.2008) (noting that a procedural due process claim for deprivation of a liberty interest in reputation requires showing \u201ca stigma to his reputation plus deprivation of some additional right or interest\u201d) (citation and internal quotation marks omitted). To satisfy the \u201cstigma\u201d prong, Plaintiff must allege that Defendants made a false, stigmatizing statement and that the stigmatizing statement was made publicly. See Hill , 455 F.3d at 236 (citations omitted); *766 Brown v. Montgomery Cnty., 470 Fed.Appx. 87, 91 (3d Cir.2012) (explaining that to establish the \u201cstigma\u201d prong, the employee must show \u201c1) publication of 2) a substantially and materially false statement that (3) infringed upon the reputation, honor, or integrity of the employee\u201d). To satisfy the \u201cplus\u201d prong, the Third Circuit has held that alleging a property interest is sufficient. Dee , 549 F.3d at 234 ; see also Hill , 455 F.3d at 236 (explaining that in the public employment context, \u201cthe creation and 766 2/17/25, 1:44 Winter v. Pa. State Univ., 172 F. Supp. 3d 756 | Casetext Search + Citator 9/27 dissemination of a false and defamatory impression is the 'stigma,' and the termination is the 'plus\u201d'). Here, Plaintiff has alleged a property interest in his continued employment, which is sufficient to satisfy the \u201cplus\u201d prong. See, e.g. , Cleveland Bd. of Educ. v. Loudermill , 470 U.S. 532, 543, 105 S.Ct. 1487, 84 L.Ed.2d 494 (1985).1 1 legitimate property interest in continued employment with the government arises from the operation of state law, which can confer such an interest either by statute or contract. Bishop v. Wood , 426 U.S. 341, 345\u201346 & n. 8, 96 S.Ct. 2074, 48 L.Ed.2d 684 (1976) ; Unger v. Nat'l Residents Matching Program , 928 F.2d 1392, 1398 (3d Cir.1991). Because public employees in Pennsylvania are presumed to be at-will employees, a property interest in employment arises in the case of tenured employment or when termination can only occur for cause. Unger , 928 F.2d at 1399 ; see also Gilbert v. Homar , 520 U.S. 924, 928\u201329, 117 S.Ct. 1807, 138 L.Ed.2d 120 (1997). Additionally, the Supreme Court has recognized that a public college professor dismissed from an office held under tenure provisions as well as college professors dismissed during the terms of their contracts have interests in continued employment safeguarded by due process requirements. Slochower v. Bd. of Educ. , 350 U.S. 551, 76 S.Ct. 637, 100 L.Ed. 692 (1956) ; Wieman v. Updegraff , 344 U.S. 183, 73 S.Ct. 215, 97 L.Ed. 216 (1952). However, Plaintiff has failed to allege a false, stigmatizing statement and that the stigmatizing statement was made publicly. Plaintiff asserts that a stigmatizing false statement was made publicly through the Lehrman Report because Defendant Lehrman falsely represented in his report that Plaintiff engaged in \u201cgrooming\u201d J.T. However, there is no allegation that the Lehrman Report was released to the public. Rather, Plaintiff only alleges that the report was disseminated to Defendants Hanes, Larson, Jones, and members of the SJCT, which was solely for the purpose of his termination proceedings. This fails to allege a \u201cpublication.\u201d For example, in Knaub v. Tulli , 788 F.Supp.2d 349 (M.D.Pa.2011), the court held that remarks to a school board intended to induce the firing of a teacher (i.e. , for the purpose of termination proceedings) were not public and therefore could not serve as the basis for a \u201cstigma-plus\u201d due process claim. Id. at 355\u201356. 2/17/25, 1:44 Winter v. Pa. State Univ., 172 F. Supp. 3d 756 | Casetext Search + Citator 10/27 Plaintiff also asserts that the November 20, 2014 termination letter sent to him and the disconnection of Plaintiff from his Penn State e-mail account made a \u201cpublic statement\u201d to Plaintiff's students and anyone attempting to contact him. However, this also fails to adequately allege the publication of a stigmatizing and false statement because (1) there is no allegation that the termination letter was made public and (2) the disconnection of his e-mail account was not a \u201cpublic statement.\u201d Additionally, these allegations are not made in Plaintiff's Complaint but in his opposition to Defendants' motion to dismiss, and therefore need not consider them. See Pennsylvania ex rel. Zimmerman v. PepsiCo, Inc. , 836 F.2d 173, 181 (3d Cir.1988) (explaining that \u201cthe complaint may not be amended by the briefs in opposition to a motion to dismiss\u201d). Accordingly, Defendants' motion to dismiss Plaintiff's procedural due process claim in Count based on his liberty interest in his reputation will be granted. b. Property Interest Plaintiff also asserts a procedural due process claim based on a deprivation of his *767 property interest in continued employment. Although Defendants concede that Plaintiff has a property interest in continued employment for purposes of his procedural due process claim (Doc. 19, at 2 n.1), they seek dismissal on the ground that Plaintiff has failed to allege any procedural safeguards that he was constitutionally entitled to but denied (Doc. 19, at 3- 4). 767 An essential principle of due process is that any deprivation of life, liberty, or property must be preceded by \u201cnotice and opportunity for hearing appropriate to the nature of the case.\u201d Loudermill , 470 U.S. at 542, 105 S.Ct. 1487 (citation and internal quotation marks omitted). Due process \u201crequires 'some kind of a hearing' prior to the discharge of an employee who has a constitutionally protected property interest in his employment.\u201d Id. (citation omitted). The Supreme Court has noted that one essential component of due process is a pre-termination opportunity to respond. Id. Having said that, however, the Supreme Court further noted that the pre- termination \u201chearing,\u201d though necessary, \u201cneed not be elaborate.\u201d Id. at 545, 105 S.Ct. 1487. Rather, the \u201cformality and procedural requisites for the hearing can vary, depending upon the importance of the interests involved 2/17/25, 1:44 Winter v. Pa. State Univ., 172 F. Supp. 3d 756 | Casetext Search + Citator 11/27 and the nature of the subsequent proceedings.\u201d Id. (citation and internal quotation marks omitted). The Supreme Court specifically noted that \u201csomething less\u201d than a full evidentiary hearing is sufficient prior to adverse administrative action. Id. After balancing the interests of public employees and employers, the Court held that \u201c[t]he tenured public employee is entitled to oral or written notice of the charges against him, an explanation of the employer's evidence, and an opportunity to present his side of the story.\u201d Id. at 546, 105 S.Ct. 1487 (citation omitted). \u201cTo require more than this prior to termination would intrude to an unwarranted extent on the government's interest in quickly removing an unsatisfactory employee.\u201d Id. In Chung v. Park , 514 F.2d 382 (3d Cir.1975), the Third Circuit Court of Appeals stated that pre-termination safeguards due to tenured professors may include: (1) written notice of the grounds for termination; (2) disclosure of the evidence supporting termination; (3) the right to confront and cross-examine adverse witnesses; (4) an opportunity to be heard in person and to present witnesses and documentary evidence; (5) a neutral and detached hearing body; and (6) a written statement by the fact finders as to the evidence relied upon. Id. at 386. Plaintiff has failed to set forth any denial of safeguards to which he was constitutionally entitled. First, Plaintiff alleges that Defendants failed to provide him with adequate advance notice of the sexual harassment charge. Specifically, he highlights the \u201cambush\u201d interview conducted by Defendant Lehrman and Defendants' failure to inform Plaintiff of the sexual harassment complaint prior to the interview. However, the Third Circuit Court of Appeals has repeatedly held that \u201cadvance notice is not required.\u201d Gniotek v. City of Phila. , 808 F.2d 241, 244 (3d Cir.1986). For example, in Copeland v. Phila. Police Dep't , 840 F.2d 1139 (3d Cir.1988), the Third Circuit held that procedural due process was met where a policeman was told that he had tested positive for illegal drug use, was allowed to respond, and was told that he would be suspended with intent to dismiss, all in the course of a single interview. Id. at 1142\u201346. Similarly, in *768 McDaniels v. Flick , 59 F.3d 446 (3d Cir.1995), the Third Circuit rejected the argument of a tenured professor terminated due to a sexual harassment complaint that \u201cthe notice given him was insufficient because it was not provided until the beginning of 2 768 2/17/25, 1:44 Winter v. Pa. State Univ., 172 F. Supp. 3d 756 | Casetext Search + Citator 12/27 the pretermination meeting,\u201d and reiterated that \u201cadvance notice is not required.\u201d Id. at 457 (quoting Gniotek , 808 F.2d at 244 ). Therefore, Plaintiff's allegations that he was not provided adequate notice in advance of his pre-termination hearing fail to establish a due process violation. 2 To the extent that Plaintiff suggests that he is entitled to more process than the run-of-the-mill Loudermill -type employee given his status as a tenured professor, the Third Circuit Court of Appeals has already rejected such a proposition. See McDaniels v. Flick , 59 F.3d 446, 455 (3d Cir.1995) (rejecting tenured professor's suggestion that he is entitled to more process than the run-of-the-mill Loudermill type employee). Plaintiff also alleges that he did not receive adequate advance notice or an explanation of the charges against him because he was not provided with a copy of the sexual harassment complaint at his meeting with Defendant Lehrman. However, this, too, fails to allege a due process violation because \u201cpretermination notice of the charges and evidence against an employee need not be in great detail as long as it allows the employee 'the opportunity to determine what facts, if any, within his knowledge might be presented in mitigation of or in denial of the charges.\u201d' Gniotek , 808 F.2d at 244 ; see also McDaniels , 59 F.3d at 457 (rejecting tenured professor's argument that he did not receive adequate notice and explanation of the sexual harassment charges against him because he was not told or given the exact allegations made by the complainant); Derstein v. Kansas , 915 F.2d 1410, 1413 (10th Cir.1990) (fact that employee did not know of all relevant facts and was not given copy of investigation transcript is insignificant), cert. denied , 499 U.S. 937, 111 S.Ct. 1391, 113 L.Ed.2d 447 (1991) (cited with approval by the Third Circuit in McDaniels v. Flick , 59 F.3d 446, 457 (3d Cir.1995).) Therefore, it is of no moment that Plaintiff was not provided with a copy of J.T.'s complaint at his initial meeting with Defendant Lehrman because Defendant Lehrman explained the charges against Plaintiff and Plaintiff was provided with the opportunity to ask questions regarding the allegations. This was sufficient to put Plaintiff on notice of the charges against him so that he could meaningfully respond. McDaniels , 59 F.3d at 457. Additionally, Plaintiff was not terminated at the end of this initial meeting with Defendant Lehrman. Rather, he was given plenty of \u201ccooling off\u201d time to collect himself and 2/17/25, 1:44 Winter v. Pa. State Univ., 172 F. Supp. 3d 756 | Casetext Search + Citator 13/27 prepare a response to the allegations against him at the hearing, which gave him a sufficient, meaningful opportunity to respond. For example, in Derstein v. Kansas , 915 F.2d 1410 (10th Cir.1990), abrogated on other grounds , which was cited with approval by the Third Circuit Court of Appeals in McDaniels v. Flick , 59 F.3d 446, 457 (3d Cir.1995), a public employer received information that a tenured employee was sexually harassing other employees. As a result, he was directed to appear at a meeting with persons responsible for his employment. Like here, he was not informed of the purpose of this meeting before it started, but at the meeting, he was advised of the sexual harassment charges. He was then given ten (10) days to resign or be terminated, and was also told he could appeal. Following a bench trial, the district court found that the employee's pretermination rights had been violated and entered judgment for him. However, the Tenth Circuit Court of Appeals reversed, emphasizing that the employee \u201cwas not terminated at the meeting but given ten days to respond\u201d and \u201c[h]e was given ten days before termination.\u201d Id. at 1413. Relying on this case, the Third Circuit Court of Appeals in McDaniels v. Flick similarly reversed a district court *769 order and held that a tenured professor's substantive due process rights were not violated because he was given even more than ten (10) days to respond to the sexual harassment charges against him and he did, indeed, respond, at a later date. 59 F.3d at 457\u201358. 769 Second, Plaintiff claims that he could not and did not receive a fair hearing before the because, inter alia , (1) irrelevant and prejudicial testimony was introduced at the hearing, such as the concept of \u201cgrooming,\u201d (2) Defendant Flanagan-Herstek, who filed the sexual harassment complaint on behalf of the student, applied an incorrect standard of sexual harassment, (3) hearsay and double hearsay evidence was admitted over the objection of Plaintiff's counsel, which prejudiced the lay faculty members hearing the matter, (4) the hearing included testimony from faculty without personal knowledge of the actual harassment, and (5) the faculty were biased and impartial from the outset given the inflammatory Lehrman Report and the ongoing government investigation and scrutiny by the media regarding Penn State's recent handling of sexual misconduct allegations. These allegations fail to establish a due process violation. First, there are no factual allegations raising a plausible inference that because the word \u201cgrooming\u201d 2/17/25, 1:44 Winter v. Pa. State Univ., 172 F. Supp. 3d 756 | Casetext Search + Citator 14/27 was introduced at the hearing, the Committee was automatically biased against Plaintiff or unable to assess its relevance or lack thereof, given testimony from Plaintiff and J.T. that their relationship was not sexual in nature. There are also no factual allegations raising a plausible inference that the applied the wrong standard of sexual harassment. Second, Plaintiff fails to identify what the hearsay or double hearsay testimony was that he claims prejudiced him, but only offers conclusory statements that such statements were admitted. This not only fails to show that he was prejudiced, but fails to allege a due process violation, particularly because the Due Process Clause does not require strict adherence to the rules applicable at trials. See Biliski v. Red Clay Consol. Sch. Dist. Bd. of Educ. , 574 F.3d 214, 221 (3d Cir.2009) (quoting Loudermill that \u201csomething less than a full evidentiary hearing is sufficient prior to adverse administrative action\u201d so long as the employee may present \u201chis side of the story\u201d). Although Plaintiff cites to K.D. v. Mid d \u2013West Sch. Dist. , No. 1252\u2013C.D.\u20132008, 2009 9097069 (Pa.Cmmw.Ct. Jan. 30, 2009) in support of his argument that this hearsay testimony violated his due process, his reliance on this decision is misguided. In K.D., a high school student was expelled from school following a hearing held before the school board. The school board's decision to expel K.D. resulted from its determination that he had used marijuana at a school- sponsored event. The only evidence supporting this determination was the hearsay testimony of the District Superintendent. Unlike at Plaintiff's hearing, no one with personal knowledge of the events at issue testified at K.D.'s hearing. K.D. appealed the school board's decision to the Court of Common Pleas, which reversed. The Commonwealth Court then affirmed the trial court decision reversing the suspension. The K.D. decision is distinguishable on two (2) important facts. First, the school board decision in K.D. relied solely and exclusively on hearsay, whereas here, Plaintiff does not, and cannot, deny that the and Defendant Barron considered first- hand testimony and based their decision on more than just hearsay. In fact, Plaintiff makes no allegations that the or Defendant Barron even relied on the hearsay testimony in making their decision. Second, the school board hearing in K.D. was presumably governed by 22 Pa. Code \u00a7 12.8, which requires specifically enumerated hearing requirements. There is no *770 770 2/17/25, 1:44 Winter v. Pa. State Univ., 172 F. Supp. 3d 756 | Casetext Search + Citator 15/27 support in the law for the proposition that an internal university hearing on the termination of a tenured faculty member must follow rules of evidence to comply with procedural due process. In fact, as noted earlier, the opposite is true. See Loudermill , 470 U.S. at 545, 105 S.Ct. 1487 (noting that a pre- termination hearing \u201cneed not be elaborate\u201d and can be \u201csomething less than a full evidentiary hearing\u201d). Accordingly, the SJCT's admission of unidentified hearsay evidence into the record fails to establish a due process violation. Further, regarding testimony from faculty without personal knowledge of the harassment, the Complaint fails to specify the content of this testimony or explain how the testimony would so bias the as to render their decision a violation of the Constitution. Also missing are any factual allegations suggesting that either the or Defendant Barron relied on this testimony in making a decision. Rather, the Complaint itself concedes that J.T. herself testified at the hearing and that Plaintiff, who was represented by counsel, was able to cross-examine her and also present his side of the story through his own evidence. There are no allegations that Plaintiff was denied counsel at this hearing or that he was precluded from cross-examining the victim on her first-hand testimony. Plaintiff also asserts that the and Defendant members of Penn State's administration lacked the impartiality necessary to provide Plaintiff with a fair review of his case based on the ongoing government investigation and scrutiny by the media regarding Penn State's handling of sexual harassment complaints, including the Sandusky affair. However, Plaintiff cannot claim that the faculty were so biased against him so as to establish a due process violation simply because Penn State was being investigated for its handling of sexual harassment complaints, particularly since Plaintiff offers no factual allegations regarding the faculty or other Defendants suggesting that they were biased. Plaintiff essentially claims that a school's administration officials are incapable of fairly reviewing any sexual harassment complaint if they are being investigated for the handling of other sexual harassment complaints. This fails to establish a due process violation. Plaintiff also alleges that the investigator, Defendant Lehrman, had a conflict of interest because he was both the Vice Provost of Affirmative Action and Title Coordinator. However, Plaintiff fails to explain how 2/17/25, 1:44 Winter v. Pa. State Univ., 172 F. Supp. 3d 756 | Casetext Search + Citator 16/27 these two (2) positions created a conflict that prevented Defendant Lehrman from serving as a neutral investigator or how the dual roles prejudiced Plaintiff. In particular, Plaintiff makes no factual allegations regarding Defendant Lehrman's investigation or how it was unfair. In any event, the two (2) day hearing and the final review by Defendant Barron, the individual responsible for making the final termination decision, effectively cures any alleged bias or defects arising earlier in the process, such as during Defendant Lehrman's investigation of the harassment or his purported conflict of interest. See McDaniels , 59 F.3d 446, 459\u201360 (holding that an initial determination by a biased decision-maker does not necessarily deprive an employee of his due process rights because an employer may effectively cure any bias with subsequent \u201cmeaningful means\u201d to assess the determination). Plaintiff also accuses Defendant Lehrman of \u201cspinning\u201d his interview with Plaintiff in the Lehrman Report and in his testimony before the SJCT, but fails to make any factual allegations as to how the interview was \u201cspun\u201d in his Report or in his testimony. He also makes no allegation demonstrating that this was relied upon by the or Defendant Barron in the final termination decision. Although Plaintiff *771 does note that the Lehrman Report falsely alleged that Plaintiff favored female over male students, even though Plaintiff alleges that there was no evidentiary support at the hearing for this, there is no reason to believe that the was incapable of assessing what there was evidentiary support for and what there was not. Additionally, Plaintiff does not allege that he was unable to cross-examine Defendant Lehrman and point out any inaccuracies in the Lehrman Report. This Court should not serve as a means for Plaintiff to get a \u201csecond bite at the apple\u201d and re-try his case. See Nicholas v. Pennsylvania State Univ. , 227 F.3d 133, 143 (3d Cir.2000) (reaffirming \u201cthe Supreme Court's admonition that the federal judiciary should not become a general court of review for state employment decisions\u201d) (citing Bishop v. Wood , 426 U.S. 341, 359\u201360, 96 S.Ct. 2074, 48 L.Ed.2d 684 (1976) ). As Defendants point out, there is nothing in the Due Process Clause that entitles Plaintiff to de novo judicial review of Penn State's decision to terminate his employment. Rather, the Due Process Clause only provides him with procedural safeguards, none of which he can allege were violated here. 771 2/17/25, 1:44 Winter v. Pa. State Univ., 172 F. Supp. 3d 756 | Casetext Search + Citator 17/27 Finally, Plaintiff alleges that the Report, which recommended Plaintiff's termination and was sent to Defendant President Barron, who made the ultimate termination decision, suggested that Plaintiff violated University Policy AD47\u2014General Standards of Professional Ethics, even though there was never an allegation made before or at the hearing that Plaintiff violated this policy. Therefore, Plaintiff argues that he had no notice of such a charge or an opportunity to respond thereto. However, there are no allegations in the Complaint that Plaintiff was actually terminated for violating AD-47. Additionally, it is clear from the Complaint that Plaintiff was aware of the misconduct on which Penn State based its termination decision. (Doc. 1, \u00b6\u00b6 54-58, 82.) Plaintiff does not dispute that he was terminated for grave misconduct as defined by University Policy HR-70. (Id. \u00b6 54.) The fact that Plaintiff's conduct may have violated more than one (1) University standard set forth in the policy does not undermine the process afforded him to respond to the charge of grave misconduct, especially since Plaintiff knew the conduct for which he was being investigated and ultimately terminated for. B. Substantive Due Process Plaintiff also asserts that Defendants deprived him of two (2) fundamental interests entitled to substantive due process protection: (1) his property interest in tenured, continued employment and (2) his liberty interest in his reputation. First, Defendants seek dismissal on the ground that the Third Circuit has held that tenured employment is not entitled to substantive due process protection. See Nicholas v. Pennsylvania State Univ., et al. , 227 F.3d 133, 138\u201339 (3d Cir.2000) (holding that a property interest in tenured professorship is not entitled to substantive due process protection). Second, Defendants argue that to the extent Plaintiff's substantive due process claim rests on reputational injury that decreased his ability to earn a living, that also fails. See Musila v. Lock Haven Univ. , 970 F.Supp.2d 384, 391 (M.D.Pa.2013) (citing Boyanowski v. Capital Area Intermediate Unit , 215 F.3d 396, 399\u2013404 (3d Cir.2000) (defamatory statements that curtail a plaintiff's business opportunities do not suffice to support a substantive due process claim)). Third, Defendants argue that Plaintiff's reputational injury claim must fail because Defendants never publicized Plaintiff's termination or the grounds for that termination, namely, there are no allegations explaining 2/17/25, 1:44 Winter v. Pa. State Univ., 172 F. Supp. 3d 756 | Casetext Search + Citator 18/27 how the Lehrman Report or Defendant Barron's termination letter constitute a public statement. See Hill , 455 F.3d at 236 (holding *772 that \u201cstigma plus\u201d due process claims require that the stigmatizing statements were made publicly). 772 Plaintiff argues that to establish a claim for a substantive due process violation, a plaintiff must show that Defendants' conduct was so arbitrary and capricious as to \u201cshock the conscience.\u201d See Cnty. of Sacramento v. Lewis , 523 U.S. 833, 845\u201346, 118 S.Ct. 1708, 140 L.Ed.2d 1043 (1998). Plaintiff argues that his termination shocks the conscience for several reasons: (1) he was terminated in blatant disregard of his due process right to a fair and impartial hearing, (2) he was terminated without a reasonable basis and absent the \u201cclear and convincing evidence\u201d of \u201cgrave misconduct\u201d required to terminate a tenured faculty member under Penn State's policies, and (3) Defendants knowingly and purposefully terminated Plaintiff without just cause to improve Penn State's reputation in light of the ongoing government investigation of the Sandusky scandal and Penn State's general failure to properly handle sexual misconduct complaints. To prevail on a substantive due process claim, a plaintiff must establish as a threshold matter that he has a protected property interest to which the Fourteenth Amendment's due process protection applies. Nicholas , 227 F.3d at 139\u201340 (citation and internal quotation marks omitted). It is well-settled that although state-created property interests are entitled to protection under the procedural component of the Due Process Clause, \u201cnot all property interests worthy of procedural due process protection are protected by the concept of substantive due process.\u201d Id. at 140 (citation and internal quotation marks omitted). Rather, to state a substantive due process claim, \u201ca plaintiff must have been deprived of a particular quality of property interest.\u201d Id. (citation and internal quotation marks omitted). \u201c[W]hether a certain property interest embodies this 'particular quality' is not determined by reference to state law, but rather depends on whether that interest is 'fundamental' under the United States Constitution.\u201d Id. (citation omitted). The Third Circuit has summarized this analysis by explaining that \u201cwhen a plaintiff challenges a non-legislative state action (such as an adverse employment decision), we must look, as a threshold matter, to whether the property interest being deprived is 'fundamental' 2/17/25, 1:44 Winter v. Pa. State Univ., 172 F. Supp. 3d 756 | Casetext Search + Citator 19/27 under the Constitution. If it is, then substantive due process protects the plaintiff from arbitrary or irrational deprivation, regardless of the adequacy of procedures used. If the interest is not 'fundamental,' however, the governmental action is entirely outside the ambit of substantive process and will be upheld so long as the state satisfies the requirements of procedural due process.\u201d Id. at 142. In addressing a case very similar to the one here, the Third Circuit explicitly held that tenured public employment is not a fundamental property interest entitled to substantive due process protection. Id. at 142. The holding in Nicholas bars Plaintiff's substantive due process claim regarding his tenured public employment. Accordingly, Defendants' motion to dismiss this claim will be granted. Plaintiff also raises a Fourteenth Amendment liberty interest in his reputation as part of his substantive due process claim. However, \u201c[t]o the extent plaintiff's substantive due process claim rests on reputational injury that decreased his ability to earn a living, it also fails.\u201d Musila v. Lock Haven Univ. , 970 F.Supp.2d 384, 391 (M.D.Pa.2013) (citing Boyanowski v. Capital Area Intermediate Unit , 215 F.3d 396, 399\u2013404 (3d Cir.2000) ). Additionally, as explained earlier, Plaintiff fails to adequately allege that Defendants publicized his termination or the grounds for that termination. Accordingly, Defendants' motion to dismiss Plaintiff's substantive due process *773 claims in Count of the Complaint will be granted. 773 C. Plaintiff's \u201cOfficial Capacity\u201d Claims Defendants also argue that Plaintiff's official capacity due process claims in Counts and against the Individual Defendants are redundant and should be dismissed. However need not address this argument given my finding above that Plaintiff has failed to allege any procedural or substantive due process violations. Accordingly, Defendants' motion to dismiss these claims will be granted. D. Title Claim Defendants seek dismissal of Plaintiff's Title claim on the grounds that (1) Title preempts Plaintiff's Title claim; and (2) there are insufficient factual allegations to establish that Plaintiff was discriminated against because of his sex. Plaintiff rebuts that (1) federal courts in the Third Circuit 2/17/25, 1:44 Winter v. Pa. State Univ., 172 F. Supp. 3d 756 | Casetext Search + Citator 20/27 have recognized that Title does not preempt Title in the employment context and (2) that he has properly pled a Title violation. 1. Preemption The issue of whether Title preempts a Title claim to recover damages for employment discrimination is unsettled, as noted by several other courts that have confronted this issue. Compare Preston v. Commonwealth of Virginia ex rel. New River Cmty. Coll. , 31 F.3d 203, 205\u201306 (4th Cir.1994) (\u201cAn implied private right of action exists for enforcement of Title IX....[which] extends to employment discrimination on the basis of gender by educational institutions receiving federal funds.\u201d) (citation omitted), with Lakoski v. James , 66 F.3d 751, 755 (5th Cir.1995) (\u201cWe are persuaded that Congress intended Title to exclude a damage remedy under Title for individuals alleging employment discrimination.\u201d). See also A.B. ex rel. C.D. v. Rhinebeck Cent. Sch. Dist. , 224 F.R.D. 144, 151 (S.D.N.Y.2004) (discussing the circuit split). Central to this split is a disagreement over the scope of Title that has been established by three (3) Supreme Court cases: (1) Cannon v. University of Chicago , 441 U.S. 677, 99 S.Ct. 1946, 60 L.Ed.2d 560 (1979) ( \u201cCannon \u201d); (2) North Haven Board of Education v. Bell , 456 U.S. 512, 102 S.Ct. 1912, 72 L.Ed.2d 299 (1982) (\u201cBell \u201d); and (3) Franklin v. Gwinnett County Public Schools , 503 U.S. 60, 112 S.Ct. 1028, 117 L.Ed.2d 208 (1992) ( \u201cFranklin \u201d). 3 3 Title makes it unlawful for an employer \u201cto fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin.\u201d 42 U.S.C. \u00a7 2000e\u20132 (1998 & Supp 1993). Title was passed to address the growing problem of sex discrimination in educational programs. See 118 Cong. Rec. 5804- 15 (1972); H.R. Rep. No. 554, 92d Cong., 1st Sess. 1-3 (1972). Title provides that \u201c[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.\u201d 20 U.S.C. \u00a7 1681(a) (1994). 2/17/25, 1:44 Winter v. Pa. State Univ., 172 F. Supp. 3d 756 | Casetext Search + Citator 21/27 After reviewing these Supreme Court rulings and subsequent cases interpreting them conclude that Title does not preempt Plaintiff's Title employment discrimination claim. In Cannon, the Supreme Court held that there was an implied private cause of action for victims of sex discrimination by universities receiving federal funding. Cannon , 441 U.S. at 703\u201310, 99 S.Ct. 1946. In Bell, the Court then clarified that Title IX's prohibition of sex discrimination applied not only to students, but also to \u201c[e]mployees who directly participate in federal programs or who *774 directly benefit from federal grants, loans or contracts,\u201d thereby broadening the scope of Title to include employment discrimination. Bell , 456 U.S. at 520, 102 S.Ct. 1912 ; id. at 530, 102 S.Ct. 1912 (undergoing a comprehensive analysis of the statutory language and legislative history of Title and explicitly concluding that \u201cemployment discrimination comes within the prohibition of Title IX\u201d); see also Jackson v. Birmingham Bd. of Educ. , 544 U.S. 167, 178, 125 S.Ct. 1497, 161 L.Ed.2d 361 (2005) (holding that Title IX's private right of action encompasses claims of retaliation against an employee because he has complained about sex discrimination). Finally, in Franklin, the Court held that money damages were available for a student-plaintiff filing an action for sexual harassment under Title IX. Franklin , 503 U.S. at 72\u201376, 112 S.Ct. 1028 (resolving a circuit split and \u201cconclud[ing] that a damages remedy is available for an action brought to enforce Title IX\u201d). 774 Applying these principles to the case at hand conclude that plaintiffs may pursue a private right of action seeking damages for employment discrimination claims against schools receiving federal funding and that Title would not preempt such a claim. Reading the Supreme Court's rulings in Cannon, North Haven, and Franklin together agree with other courts that have interpreted these opinions to imply a private right of action for employees of educational institutions that receive federal funds. See, e.g. , Ivan v. Kent State Univ. , No. 94\u20134090, 1996 422496, at *3 n. 10 (6th Cir.1996) (overruling the district court's conclusion \u201cthat Title preempts an individual's private remedy under Title IX\u201d); Preston v. Commonwealth of Virginia ex rel. New River Cmty. Coll. , 31 F.3d 203, 205\u201306 (4th Cir.1994) (\u201cAn implied private right of action exists for enforcement of Title IX....[which] extends to employment discrimination on the basis of gender by educational 2/17/25, 1:44 Winter v. Pa. State Univ., 172 F. Supp. 3d 756 | Casetext Search + Citator 22/27 institutions receiving federal funds.\u201d) (citation omitted); Gupta v. Albright Coll. , No. Civ\u2013A\u201305\u20131921, 2006 162977, at *3 (E.D.Pa. Jan. 19, 2006) ; A.B. ex rel. C.D. v. Rhinebeck Cent. Sch. Dist. , 224 F.R.D. 144, 153 (S.D.N.Y.2004) (\u201cTitle was intended by Congress to function as an additional safeguard against gender-based discrimination in the context of federally funded education programs; notwithstanding the possibility of other available remedies, including without limitation those available under Title VII.\u201d); Hensch k e v. N.Y. Hospital\u2013Cornell Medical Center , 821 F.Supp. 166, 171\u201373 (S.D.N.Y.1993) (rejecting the defendants' argument that Title preempted Title and explaining that Cannon, North Haven, and Franklin read together stood for the proposition that Title was intended to \u201cserve as an additional protection against gender-based discrimination *775 in educational programs receiving federal funding regardless of the availability of a remedy under Title VII\u201d); Bowers v. Baylor Univ. , 862 F.Supp. 142, 144\u201345 (W.D.Tex.1994) (holding that a private cause of action for damages exists under Title for gender-based employment discrimination am persuaded that if Congress intended for Title to preempt employment discrimination claims under Title IX, it could have drafted Title IX, which was enacted after Title VII, to state as much. Instead, Title was drafted to cover \u201cany person ,\u201d not just any student, and therefore does, indeed, cover employees alleging claims of employment discrimination. Although Defendants suggest that the comprehensive administrative scheme underlying Title suggests that it is the exclusive remedy for employment discrimination and that Congress did not intend for plaintiffs to circumvent this scheme by filing claims pursuant to Title IX, the Supreme Court, in looking to the legislative history of Title VII, has stated otherwise. See Johnson v. Railway Exp. Agency, Inc. , 421 U.S. 454, 459, 95 S.Ct. 1716, 44 L.Ed.2d 295 (1975) (\u201cDespite Title VII's range and its design as a comprehensive solution for the problem of invidious discrimination in employment, the aggrieved individual clearly is not deprived of other remedies he possesses and is not limited to Title in his search for relief. The legislative history of Title manifests a congressional intent to allow an individual to pursue independently his rights under both Title and other applicable state and federal statutes.\u201d) (citation, internal quotation marks, and alteration omitted). In particular, Congress noted that \u201cthe remedies available to the individual under Title are co-extensive with 4 775 2/17/25, 1:44 Winter v. Pa. State Univ., 172 F. Supp. 3d 756 | Casetext Search + Citator 23/27 the individual's right to sue under the provisions of the Civil Rights Act of 1866, 42 U.S.C. \u00a7 1981, and that the two procedures augment each other and are not mutually exclusive.\u201d Id. (citing H.R. Rep. No. 92\u2013238, p. 19 (1971), U.S. Code Cong. & Admin. News, 1972, pp. 2137, 2154). Therefore, guided by the principles articulated by the Supreme Court in interpreting Title and Title claims conclude that Title is not the exclusive remedy for gender-based employment discrimination claims and that \u201cTitle was intended by Congress to function as an additional safeguard against gender- based discrimination in the context of federally funded education programs; notwithstanding the possibility of other available remedies, including without limitation those available under Title VII.\u201d A.B. , 224 F.R.D. at 153. Accordingly, Title does not preempt Plaintiff's claim pursuant to Title and Defendants' motion to dismiss Plaintiff's claim on this ground will be denied. 4 Defendants criticize Plaintiff's reliance on Gupta because the plaintiff in Gupta was proceeding simultaneously under both Title and Title IX, and therefore \u201cdid not raise any concern that the plaintiff was avoiding the comprehensive framework and administrative requirements of Title VII.\u201d This is insufficient to distinguish Gupta because there is no legal basis for permitting a Title claim only when it is brought in conjunction with a Title claim, but prohibiting that same claim when brought alone. Additionally, Defendants note that the court in Gupta recognized that the plaintiff's Title claim might be preempted by Title VII, but that this issue had simply not yet been resolved by the appellate courts. Although Defendants argue that this weighs in favor of finding preemption disagree. Just as the court in Gupta recognized that plaintiff-employees \u201cretain[ ] a private right of action under Title that at this time has not been held to be preempted by Title ,\u201d and therefore permitted the plaintiff's Title claim, here, I, too, recognize that Title has not yet been held to be preempted by Title VII, and therefore will permit Plaintiff's claim. Id. at *3. 2. Prima Facie Case Although Title does not preempt Plaintiff's Title claim, his claim will still be dismissed for failure to state a claim. To establish a prima facie case of employment discrimination under Title IX, Plaintiff must allege that (1) 2/17/25, 1:44 Winter v. Pa. State Univ., 172 F. Supp. 3d 756 | Casetext Search + Citator 24/27 he is a member of a protected class (2) who suffered adverse employment action (3) that occurred under the circumstances giving rise to an inference of intentional discrimination. Geraci v. Moody\u2013Tottrup, Int'l, Inc. , 82 F.3d 578, 580\u201381 (3d Cir.1996 plaintiff alleging racial or gender discrimination by a university [under Title IX] must do more than recite conclusory assertions.\u2019 \u201d Harris v. Saint Joseph's Univ. , No. 13\u20133937, 2014 1910242, at *4 (E.D.Pa. May 23, 2014) (quoting Yusuf v. Vassar Coll. , 35 F.3d 709, 715 (2d Cir.1994) ). In cases involving sex discrimination in university discipline, including termination proceedings, there are two (2) categories of claims: (1) claims of an erroneous *776 outcome from a flawed proceeding and (2) claims of selective enforcement. Yusuf , 35 F.3d at 715. Here, Plaintiff's case falls within the first category: a claim of an erroneous outcome from a flawed termination proceeding. When a plaintiff claims a flawed outcome, like Plaintiff, he must allege, among other things, \u201cparticular circumstances suggesting that gender bias was a motivating factor behind the erroneous finding.\u201d Id. Here, Plaintiff has failed to allege facts sufficient to meet either standard. The allegations in Plaintiff's Complaint purporting to identify Penn State's gender bias against Plaintiff do not suggest gender bias as a motivating factor. See Harris , 2014 1910242, at *4 (dismissing a similar case with similar facts for this reason). There are no facts alleged in the Complaint to support a plausible inference that any of the Defendants' recommendations or Defendant Barron's decision to ultimately terminate Plaintiff was based on his gender. As conceded by the Complaint, a full- fledged hearing was held where multiple witnesses testified, suggesting that Defendants were attempting to objectively analyze and fairly resolve the sexual harassment complaint against Plaintiff, rather than simply terminating him because of his sex. Accordingly, Plaintiff's Title claim will be dismissed. 776 3. Individual Defendants Defendants also seek dismissal of Plaintiff's Title claim against the Individual Defendants in Count of the Complaint on the ground that Title does not afford a cause of action against individual defendants. Because Plaintiff failed to respond to this argument, Defendants argue that 2/17/25, 1:44 Winter v. Pa. State Univ., 172 F. Supp. 3d 756 | Casetext Search + Citator 25/27 Plaintiff has waived any defense they may have. See Laborers' Int'l Union of N. Am. v. Foster Wheeler Corp. , 26 F.3d 375, 398 (3d Cir.1994) (\u201cAn issue is waived unless a party raises it in its opening brief.\u201d). However need not address this argument given the above analysis demonstrating that Plaintiff has failed to state a Title claim. Additionally agree with the few courts that have confronted the issue of whether Title authorizes a cause of action against individuals, and find that it does not. See Doe v. Petaluma City Sch. Dist. , 830 F.Supp. 1560, 1577 (N.D.Cal.1993) (\u201chold[ing] that individuals may not be held personally liable under Title IX\u201d and dismissing such claims with prejudice); Bowers v. Baylor Univ. , 862 F.Supp. 142, 145\u201346 (W.D.Tex.1994) (same); Kobrick v. Stevens , No. Civ\u2013A\u20133:13\u20132865, 2014 4914186, at *11 (M.D.Pa. Sept. 30, 2014) (holding that Title does not impose individual liability); Nelson v. Temple Univ. , 920 F.Supp. 633, 635 (E.D.Pa.1996) (concluding that \u201c[a] majority of the few cases explicitly addressing the issue have concluded that Title does not authorize a cause of action against individuals\u201d). Accordingly, Plaintiff's Title claim against the Individual Defendants will be dismissed. E. Breach of Contract Claim Because all of Plaintiff's federal claims against Defendants will be dismissed decline to exercise supplemental jurisdiction over Plaintiff's state-law breach of contract claim. Accordingly, this claim will also be dismissed. V. Conclusion For the above stated reasons, Defendants' motion to dismiss all claims in Plaintiff's Complaint will be granted. All of Plaintiff's claims will be dismissed with prejudice. An appropriate order follows. About us Jobs 2/17/25, 1:44 Winter v. Pa. State Univ., 172 F. Supp. 3d 756 | Casetext Search + Citator 26/27 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, 1:44 Winter v. Pa. State Univ., 172 F. Supp. 3d 756 | Casetext Search + Citator 27/27"} |
7,715 | Alexander Ross | University of Georgia | [
"7715_101.pdf",
"7715_102.pdf"
] | {"7715_101.pdf": "VIOLINIST\u2026 play_circle play_circle 2025 STUDENT\u2026 1 8 7 expand_circle_right Th \uf658 2/17/25, 1:44 American Violin Dealer Alexander Ross Charged with Sexual Assault 1/10 \uf658 2/17/25, 1:44 American Violin Dealer Alexander Ross Charged with Sexual Assault 2/10 It has been reported today that American violin dealer and former violin teacher Alexan Violins in Nebraska, has been arrested and charged with sexually assaulting a 13 year old Court documents presented, in addition showed the 57 year old was convicted in 2007 of music student \u2013 and he was also discharged from a tenured teaching Professorship at the allegations of sexually harassing 6 former students. The presiding judge has set bail at $150,000 - and if convicted Ross could face upto 5 Presumptions of innocence apply Rising Star Simone Porter Signed to Opus 3 Artist Management Surveilla Sorry, the comment form is closed at this time \uf658 2/17/25, 1:44 American Violin Dealer Alexander Ross Charged with Sexual Assault 3/10 Ric Grenell Appointed as Interim Executive Director of the Kenned February 12, 2025 New England Conservatory Presents Violinist Joshua Brown February 11, 2025 Classeek Presents Pi Illia Ovcharenko February 11, 2025 \uf658 2/17/25, 1:44 American Violin Dealer Alexander Ross Charged with Sexual Assault 4/10 Every Voice with Terrance McKnight \u2014 Episode 4 \"The \uf658 2/17/25, 1:44 American Violin Dealer Alexander Ross Charged with Sexual Assault 5/10 Applications Closing to Spain\u2019s Sarasate Academy 2025 February 14, 2025 Winners Announced at Franz Schubert and Modern Music February 14, 2025 Win 1 of 5 Signed Co of the London Symp Orchestra's Latest February 14, 2025 Ravinia Festival to Renovate Campus in $75m Update February 14, 2025 American Composers Orchestra Announces Inaugural Sorel Award February 14, 2025 Ren\u00e9e Fleming Resig from the Kennedy Takes Up New Role February 14, 2025 \uf658 2/17/25, 1:44 American Violin Dealer Alexander Ross Charged with Sexual Assault 6/10 07 17 14 22 16 15 18 19 \uf658 2/17/25, 1:44 American Violin Dealer Alexander Ross Charged with Sexual Assault 7/10 \uf658 2/17/25, 1:44 American Violin Dealer Alexander Ross Charged with Sexual Assault 8/10 The Violin Channel is the New York City-based leading international classical music news media and streaming \u201cThank you Violin Channel for creating such a wo platform in our industry Professor of Violin - New England Conservat \uf658 2/17/25, 1:44 American Violin Dealer Alexander Ross Charged with Sexual Assault 9/10 The Violin Channel is the New York City based leading international classical music news, media and streaming platform \u2014 with over 600,000+ social media and app devotees and an email subscription base of over 100,000 people, the platform consistently reaches in excess of 2,000,000 eyeballs worldwide each and every month. It comprehensively covers international classical music goings-on far beyond just the violin and strings, and includes up-to-date industry news, masterclasses, competition coverage, interviews, educational resources, events, and concert livestreams, with a heavy focus on the promotion of highly promising young string soloists and ensembles. \u00a92023 The Violin Channel, All Rights Reserved \uf658 2/17/25, 1:44 American Violin Dealer Alexander Ross Charged with Sexual Assault 10/10", "7715_102.pdf": "American violin dealer and former teacher Alexander Ross charged with sexual assault 26 2015 The alleged incident, involving a 13-year-old girl, occurred in February American violin dealer and former University of Georgia violin professor Alexander Ross has been charged with sexual assault on a 13-year-old girl. Douglas County Court documents state the girl reported to the incident to police in February 2015. Bail has been posted at $150,000. Ross, 57, who is currently president of Cavallo Violins in Omaha, Nebraska, was convicted of third degree sexual assault on a 16-year-old violin student in 2007, the court heard. Documents also indicate the violinist was fired from the University of Georgia in 1996 following sexual harassment allegations by six former students, although no charges were brought. If convicted Ross could face up to 51 years in prison. Subscribe to The Strad or download our digital edition as part of a 30-day free trial. To purchase single issues click here. 2/17/25, 1:44 American violin dealer and former teacher Alexander Ross charged with sexual assault | News | The Strad 57%2\u2026 1/2 2/17/25, 1:44 American violin dealer and former teacher Alexander Ross charged with sexual assault | News | The Strad 57%2\u2026 2/2"} |
7,644 | Eric Gans | University of California – Los Angeles | [
"7644_101.pdf",
"7644_102.pdf",
"7644_103.pdf"
] | {"7644_101.pdf": "NEWS: Black History Month 2025 2/17/25, 1:45 Professor emeritus found to have violated sexual misconduct policy - Daily Bruin 1/6 Professor emeritus found to have violated sexual misconduct policy By Jacob Preal Feb. 28, 2017 6:27 p.m. Correction: The original version of this article incorrectly stated Eric Gans was prohibited from teaching or lecturing under the terms of the settlement. In fact, he was also prohibited from administering research projects funded by gifts or applying for future employment within the UC, among other restrictions. This post was updated Feb. 28 at 10 p.m professor emeritus was one of at least 25 faculty, staff and contractors who violated sexual misconduct policy within the past three years, according to documents received by The Daily Californian. Eric Gans, a French and Francophone studies distinguished professor emeritus, violated the Policy on Sexual Harassment and the Faculty Code of Conduct by seeking to establish an unwelcome romantic relationship with the student. At least 113 University of California faculty, staff and contractors violated sexual misconduct policy within the past three years. 2/17/25, 1:45 Professor emeritus found to have violated sexual misconduct policy - Daily Bruin 2/6 The findings resulted from a Title investigation by Pamela Thomason, then-Title officer for UCLA, after the student filed a complaint. The report also found Gans\u2019 unwelcome sexual attention caused the graduate student to lose access to educational opportunities because the student felt she was unable to replace Gans with someone with similar expertise. Gans sent a letter to the student one week before he would evaluate her review exam in which he professed his love for her. \u201cThere is no doubt an asymmetry in our affection,\u201d Gans said in the letter. \u201cThe only girl in all my years cannot think of without tears.\u201d The investigation repeatedly mentioned how Gans made the graduate student feel anxious and distressed with his poems, letters and emails. According to the investigation, Gans contended his advances were welcome, but Thomason said the evidence shows the graduate student repeatedly tried to get Gans to cease unwelcome attention. \u201cThe evidence reflects that Gans exerted psychological pressure on (the student) to submit, including references to his own mortality and to how she changed his life,\u201d Thomason said in the report. After the investigation, Gans settled a lawsuit with in November 2014 and agreed to resign from his position as professor. He assumed professor emeritus status, except he was prohibited from teaching or lecturing students, administering research projects funded by gifts or applying for future employment within the UC, among other restrictions. He assumed professor emeritus status and assumed all privileges, except he was prohibited from teaching or lecturing under the terms of the settlement. The Daily Californian and other media outlets received Title investigation reports Tuesday after filing a California Public Records Act request. According to the documents, about a third of the 113 employees who violated sexual misconduct and harassment policy retained their jobs within the university system. The Daily Bruin will release details about the other 24 cases after reviewing the doc ments 2/17/25, 1:45 Professor emeritus found to have violated sexual misconduct policy - Daily Bruin 3/6 documents. Contributing reports by Ryan Leou, National and higher education editor Share this story: Facebook Twitter Reddit Email Jacob Preal | Editor in chief Preal is the editor in chief of The Bruin. He was previously the assistant news editor for the city and crime beat and a news reporter for the city and crime beat 2/17/25, 1:45 Professor emeritus found to have violated sexual misconduct policy - Daily Bruin 4/6 \u00bb About Contact Submit Advertise Staff Stonewall Editorial Board Privacy Comment Policy Community Guide Copyright \u00a9 2025 Daily Bruin 2/17/25, 1:45 Professor emeritus found to have violated sexual misconduct policy - Daily Bruin 5/6 2/17/25, 1:45 Professor emeritus found to have violated sexual misconduct policy - Daily Bruin 6/6", "7644_102.pdf": "Many misconduct policy violators deny sexual intent, documents show By Pressly Pratt Mar 2, 2017 Editor's note: The Daily Californian apologizes for a photo attached to a previous version of this article, which inaccurately depicted professor of medicine Tomas Ganz. He played no role in any of the investigation reports released Tuesday. Read the full apology here professor emeritus Eric Gans does not feel ashamed. He is not ashamed for writing can\u2019t help thinking that in another universe you would have been the woman was meant to share my life with\u201d to a female graduate student whose thesis he was supervising. He is not ashamed about publishing more than 300 poems for her. He is not ashamed for having a \u201ctender relationship\u201d with a woman about 50 years his junior. Looking back, the former French and Francophone studies professor said he probably should have known better. But now, the only thing he really regrets is writing the words love you\u201d in an email to the graduate student \u2014 words he feels were the nail in the coffin when she later filed a complaint against him with the Title office. \u201cI\u2019m an old-fashioned guy treat women with a kind of reverence,\u201d said Gans, 75, in an interview with The Daily Californian. \u201cSome women appreciate this, but some don\u2019t.\u201d It\u2019s a common story among the 124 cases of university sexual harassment policy violations that occurred in a three-year span. Many respondents told investigators they were unaware that their behavior was wholly inappropriate or prohibited, and most denied the sexual intent of their actions. The graduate student \u2014 whose name was redacted in the Title investigation report \u2014 started emailing Gans and meeting with him in his office frequently under the assumption that he would be her thesis adviser. The relationship began as professional, but over time, Gans began sending her more and more intimate emails, according to a Title investigation that concluded Dec. 11, 2013. Gans said that once, the student began an email with the greeting \u201cdearest,\u201d which he said he took as a sign that she returned his affections. \u201cMy intuition said this was a kind of love,\u201d Gans said. Gans began writing and sending the student love poems. In one email, he referred to her as his \u201csexy granddaughter.\u201d Though Gans said the two repeatedly said love you\u201d to each other in person, the student told a Title investigator felt that had to respond love you back.\u201d All the while, Gans was married \u2014 to a woman who used to be his student. The emails, poems and his behavior toward her in general caused the student emotional distress, according to the Title investigation. In May 2011 and again in July 2012, she told him so via email, but his actions did not cease, according to the investigation. Adding to her distress was the feeling that no one else was 2/17/25, 1:45 Many misconduct policy violators deny sexual intent, documents show | Archives | dailycal.org 1/2 as qualified to advise her thesis as Gans believed that there was no other person could work with, and that he would have a great deal of control over my academic future as had invested so much time with him,\u201d the student said during the Title investigation. \u201c(So continued to work with him became depressed and anxious.\u201d Gans was found in violation of sexual harassment policy. Though Gans soon retired from his position after the investigation concluded rather than fighting against the accusations through the Privilege and Tenure Committee, he still benefits from his emeritus status. He still has an office on campus, he has emeritus parking privileges, and he can take out books at the libraries. Although he admits to sending the emails and poems to his students, he maintains that there were no sexual intentions behind his actions and insists that he and his student had a \u201ctender\u201d relationship. \u201cShe doesn\u2019t bother to mention all her positive responses to the so-called sexual harassment, like serving her hot chocolate,\u201d Gans said. \u201cIf you can call that sexual harassment, what are you going to do about people (who) actually assault?\u201d Gans alleges that the whole situation was a setup by the student\u2019s adviser and the department chair \u2014 \u201cwho are both women, by the way,\u201d he said \u2014 believing that some of his colleagues were jealous of the \u201cextremely attractive, sexy girl\u201d he had as a student and of his academic prowess. \u201cShe was a weak person, she was intimidated by them, (and) she wasn\u2019t the best student,\u201d Gans said French professor Malina Stefanovska, who was the chair of the department at the time of the complaint, said in an email that when the graduate student complained to her about \u201cher difficulties with her thesis advisor,\u201d she followed the campus\u2019s process regarding sexual harassment complaints and contacted the campus\u2019s Title office. \u201c(W)hile was chairing the Department, when the student complained to me about her difficulties with her then thesis director, Gans took the steps requested by rules contacted the (T)itle officer of (UCLA) in charge of sexual harassment, and from then on the matter was in her hands,\u201d Stefanovska said in an email. \u201cAs Chair was simply requested to replace Gans by another adviser, which did.\u201d For many in the community, the systemic and widespread nature of sexual misconduct comes as no surprise. Shir Alon, a graduate student and member of Bruins Against Sexual Harassment, said the release of the documents is an important step toward transparency and protecting students, faculty and other members of the community. \u201c(Students) tend to be silenced,\u201d Alon said in an email. \u201cProfessors can use their power to conduct harassment against their students.\u201d 2/17/25, 1:45 Many misconduct policy violators deny sexual intent, documents show | Archives | dailycal.org 2/2", "7644_103.pdf": "At alone, at least six faculty members faced sexual misconduct investigations. Photograph: Boden/Ledingham/Getty Images/Radius Images Sexual harassment This article is more than 7 years old Sexual harassment: records show how University of California faculty target students Documents reveal patterns in how officials appear to target vulnerable students they oversee \u2013 in some cases dramatically impeding their studies and careers Sam Levin in San Francisco Wed 8 Mar 2017 11.00 University of California professor Eric Gans told his female graduate student that he loved her \u2013 and that \u201cin another universe\u201d, they were meant to share a life together. 2/17/25, 1:45 Sexual harassment: records show how University of California faculty target students | Sexual harassment | The Guardian 1/8 have never seen you more beautiful than the past two days,\u201d the French and Francophone studies professor wrote to the student in May 2011, when he was 69 years old can\u2019t help feeling that \u2026 you are being beautiful for me, that somehow inspire this beauty.\u201d The letter came one week before the Los Angeles (UCLA) student had to take an exam that Gans would evaluate. It caused her to become anxious and depressed, and according to a university investigation, was one of many sexually harassing messages he sent even though she repeatedly stated she was not interested in a romantic relationship. The report about Gans, who eventually stepped down, is part of a massive release of public records surrounding 113 cases of alleged sexual misconduct by employees across the University of California. The more than a thousand pages of documents from one of the largest and most prestigious public university systems in the offer an unprecedented look at the scope and scale of claims of sexual harassment and violence that activists say have long plagued college campuses review by the Guardian, which received the records last week, revealed similarities in the way faculty, advisers and other academic officials appear to target vulnerable students they oversee \u2013 in some cases dramatically impeding their studies and careers. \u201cOne single influential professor can make or break the entire career of a student,\u201d said Noreen Farrell, executive director of Equal Rights Advocates, a national civil rights group that has fought gender discrimination at UC. \u201cThis is not unique to the University of California really was terrified\u2019 The records release comes after a year of intense scrutiny on the system surrounding multiple high-profile cases of powerful faculty members and administrators who avoided serious consequences after investigators substantiated claims of sexual harassment. The documents include completed investigation reports and resulting disciplinary records from January 2013 to April 2016 across 10 campuses. Roughly 35% of the complaints came from students, and a quarter of all accused were faculty, according to university officials. The records reveal that investigators substantiated students\u2019 claims against professors for a wide range of misconduct, including lewd comments, 2/17/25, 1:45 Sexual harassment: records show how University of California faculty target students | Sexual harassment | The Guardian 2/8 unwanted propositions, inappropriate touching and sexual assault. Some were terminated or resigned, but others faced minimal consequences, the records show. One-third of the accused still work for the university. At alone, at least six faculty members faced sexual misconduct investigations. One unnamed associate professor there allegedly told a female student that she \u201clooked so beautiful\u201d and he was \u201cdistracted by her charm\u201d. In an email, he said he was inspired to write her poetry. According to an investigator\u2019s report, when the student subsequently skipped class because she felt uncomfortable, the professor reprimanded her, emailing: \u201cYou really should not be missing classes. This is very serious, as it is disruptive to your education.\u201d The complaint was resolved with a settlement in which the professor did not admit wrongdoing but agreed to pay a $7,500 fee in lieu of a suspension without pay. Another unnamed male faculty member at was accused of sending flirtatious and sexual emails to a female student. After she rejected him, he emailed: \u201cWill try and take a cold shower. Don\u2019t know if it\u2019s gonna work though.\u201d The student, describing the impact of the messages, said spent my days not studying my research but agonizing over how could possibly fix a situation that had not created spent my days not studying my research but agonizing over how could possibly fix a situation that had not created really was terrified of what would happen to me academically if had to cut him from my life.\u201d The faculty member also resolved the matter with a settlement spokesman Tod Tamberg told the Guardian that both professors who settled remain at the university vicious cycle\u2019 While there has been increasing recognition of the epidemic of campus sexual assault in America, the records reveal a disturbing pattern in how 2/17/25, 1:45 Sexual harassment: records show how University of California faculty target students | Sexual harassment | The Guardian 3/8 administrators deal with assailants when they are faculty, Farrell said: \u201cIt\u2019s a vicious cycle. How is a college to shift a culture among its students if it\u2019s giving a free pass to its own employees?\u201d According to the investigator, Gans, the French studies professor who told his student that he loved her, claimed that he believed his overtures to his student were \u201cwelcome\u201d, even though she repeatedly suggested otherwise, including one message that said have to make it clear that don\u2019t see you in a romantic way.\u201d Gans also reached a settlement that allowed him to assume \u201cemeritus status\u201d but blocked him from teaching, mentoring or advising students in the future. In an email to the Guardian, Gans criticized the university\u2019s process, saying he was not able to present his side of the case and was not \u201cgiven anything resembling the \u2018due process of law\u2019 guaranteed by the constitution\u201d. Investigators at Santa Cruz determined that Hector Perla, an assistant professor of Latin American and Latino studies, sexually assaulted one of his female students in 2015. Perla, who could not be reached for comment, resigned when disciplinary proceedings began, according to the university. The student\u2019s lawyers recently announced that agreed to pay $1.15m to settle the case, which is believed to be one of the largest Title settlements in the history of Title IX, the federal anti-discrimination law. Academic officials at many levels faced accusations, according to the records. At Merced, a male instructing lecturer asked a former female student to meet with him to see if she would be interested in helping him grade papers. Later, according to an investigation report, the lecturer sent her a text message that said wanted you to take your pants off.\u201d The employee, whose name was redacted, was given a warning. Joseph Lewis, a dean at Irvine, was found to have violated harassment policies after an unnamed person filed a complaint about the administrator making offensive sexual and misogynistic comments and inappropriate touching. Lewis, who did not respond to requests for comment, resigned as dean but was able to take a paid sabbatical, according to spokesman Tom Vasich: \u201cHe is aware of and will abide by policies regarding faculty conduct really was terrified of what would happen to me academically if had to cut him from my life 2/17/25, 1:45 Sexual harassment: records show how University of California faculty target students | Sexual harassment | The Guardian 4/8 Kathleen Salvaty, the UC\u2019s systemwide coordinator for Title said the university has strengthened its policies and procedures since many of these cases were adjudicated, including improving opportunities for confidential reporting and mandating that faculty alert her office to complaints of harassment. \u201cThe more we educate our students about their rights and their options think students can feel empowered,\u201d she said. The university has noted that the complaints cover a large system that employs 250,000 people. But Salvaty admitted that there were likely other victims who decided not to come forward: \u201cThe cases that distress me are the cases where the people don\u2019t report.\u201d Contact the author: sam.levin@theguardian.com 2/17/25, 1:45 Sexual harassment: records show how University of California faculty target students | Sexual harassment | The Guardian 5/8 Most viewed 2/17/25, 1:45 Sexual harassment: records show how University of California faculty target students | Sexual harassment | The Guardian 6/8 2/17/25, 1:45 Sexual harassment: records show how University of California faculty target students | Sexual harassment | The Guardian 7/8 2/17/25, 1:45 Sexual harassment: records show how University of California faculty target students | Sexual harassment | The Guardian 8/8"} |
7,208 | Philip Jemilohun | Albany State University | [
"7208_101.pdf",
"7208_102.pdf"
] | {"7208_101.pdf": "42\u00b0 Albany Frost Advisory Is In Effect \uf00d \uf0c9 Watch Live Local News Weather \uf002 By Jim Wallace - bio | email suspended Albany Police Investigator and a former Albany State University associate professor are now indicted. 46 Year old Albany Police Investigator Vincent Wadley was indicted for one count of child molestation. He's accused of molesting a nine year old girl two years ago. Dougherty D.A. Greg Edwards said \"The matter was discovered fairly recently. It's not uncommon with these types of situations for children to make an outcry sometime after the event.\" Wadley is suspended without pay. Albany State University associate professor Dr. Philip Jemilohun was indicted for sexual assault on two students. He resigned from following his arrest in September. Both men could go on trial in May. \u00a92010 News. All rights reserved. Feedback Albany Cop and Professor indicted for sex crimes Published: Mar. 4, 2010 at 10:49 | Updated: Mar. 10, 2010 at 2:56 2/17/25, 1:46 Albany Cop and Professor indicted for sex crimes 1/3 Most Read South Georgia schools extend closures to Friday due to unsafe roads conditions \uf144 Gov. Kemp issues executive order regarding Cordele City Commissioner Royce Reeves \uf144 Eight still wanted; 37 indicted in South Georgia drug ring \uf144 Pearson mayor arrested by GBI, facing several charges including violation of oath of office \uf144 21 individuals indicted in Mitchell County for fraud \uf144 Tift Co. woman facing charges including bestiality, child molestation Several South Ga. counties extend curfews due to hazardous conditions 2/17/25, 1:46 Albany Cop and Professor indicted for sex crimes 2/3 \uf144 Mother of 4 murdered in Albany, several children in home police say Public Inspection File Applications Closed Captioning/Audio Description publicfile@walb.com - (229) 446-4005 Terms of Service Privacy Policy Statement Advertising Digital Marketing At Gray, our journalists report, write, edit and produce the news content that informs the communities we serve. Click here to learn more about our approach to artificial intelligence Gray Local Media Station \u00a9 2002-2025 News Weather Sports Community Coronavirus Programming Schedule About Us Contests P.O. Box 3130 Albany 31706 (229) 446-1010 2/17/25, 1:46 Albany Cop and Professor indicted for sex crimes 3/3", "7208_102.pdf": "Philip Jemilohun is an associate professor at Tue, 15 Sep 2009 21:43:07 \u2014 An Albany State University associate professor was arrested today and charged with sexual assault. Dr. Philip Jemilohun, who has been an faculty member since August 2007, is now on administrative leave without pay pending the criminal disposition. The charges stem from two student complaints made with the Police Department. The Police Department Albany State University associate professor arrested, sexual assault by Terry Graham Tue, September 15th 2009 at 5:43 Updated Wed, December 30th 2015 at 10:51 2/17/25, 1:46 Albany State University associate professor arrested, sexual assault 1/2 Loading ... launched an investigation and submitted its investigative report to the Dougherty County District Attorney's Office, which agreed that criminal charges should be sought. \"When the students came forward with their complaints, we took them seriously,\" said Police Chief Roberson Brown. \"The University will continue its own administrative investigation while the criminal charges are being pursued. In all situations, the safety of our students is always our top priority. If there are other students with similar complaints, they should contact Police Department or the District Attorney's Office to file a complaint. We are committed to making sure that our students are protected,\" said Brown. Jemilohun remains in the Dougherty County Jail tonight. He is being held on $100,000 bond 2/17/25, 1:46 Albany State University associate professor arrested, sexual assault 2/2"} |
8,854 | Augustine Kposowa | University of California – Riverside | [
"8854_101.pdf",
"8854_102.pdf"
] | {"8854_101.pdf": "n Thursday, November 18, 2021, after considering consistent recommendations of the Riverside Academic Senate Committee on Privilege and Tenure, Chancellor Wilcox, and President Drake, the Board of Regents voted to dismiss \uf3cc a tenured member of the Department of Sociology, Dr. Augustine Kposowa, for violating the Faculty Code of Conduct \uf3cc due to sexual misconduct with a student over whom he had academic responsibility. Upon recommendation by the Committee on Privilege and Tenure and Chancellor Wilcox, President Drake also denied Dr. Kposowa emeritus status. The College of Humanities, Arts, and Social Sciences subsequently terminated the former faculty member\u2019s access to all department and College facilities and resources. All honorary awards and recognition extended to the former faculty member are revoked. The Office of the Dean stands in solidarity with those adversely affected by the serious violation of the Faculty Code of Conduct and of our community expectations of faculty as disciplinary experts and as responsible student mentors. We offer our compassion to survivors of sexual misconduct and other behaviors that diminish a student's full rights to a world-class education in a chosen major call upon each member of the community to commit themselves to a learning, research, and working environment of equity and respect pledge to work with all faculty and staff within to ensure a climate that values the contributions and potential of all of our members, and in which students, faculty, and staff feel safe to report and proactively prevent sexual misconduct, abuse of power, and bullying. Message from the Dean: Dismissal of a Tenured Faculty Member Statement on Dismissal of a Tenured Faculty Member November 22, 2021 \uf349Search to Listing Campus Map Find People News Home (/) College of Humanities, Arts, and Social Sciences (/BLOG/2024/10/08 \u2014 Daryle Williams, Dean, College of Humanities, Arts, and Social Sciences Message from the Dean (/tags/message-dean Dean's Office (/tags/chass-deans-office) Department of Sociology (/tags/department-sociology (/BLOG) \uf349Search 900 University Ave. Riverside 92521 Tel: (951) 827-1012 Library Campus Status Campus Store Career Opportunities Diversity Maps and Directions Visit 900 University Ave 3400 Riverside 92521 tel: (951) 827-3683 fax: (951) 827-5836 \uf3cc Privacy and Accessibility Report barrier to accessibility Terms and Conditions \u00a9 2025 Regents of the University of California myUCR Campus Resources Graduate Division Extension", "8854_102.pdf": "Augustine Joseph Kposowa Education Saint Paul's College (B.A., 1977), University of Cincinnati (M.A., 1986), Ohio State University (Ph.D., 1990) Scientific career Fields Sociology Institutions University of California, Riverside Thesis The effects of immigration on the United States labor market, 1940 to 1980: earnings depression, native displacement, and economic dependence ( w.worldcat.org/oclc/2392838 3) (1990) Augustine Kposowa Prince Augustine Joseph Kposowa is a Sierre Leonean-American sociologist and previously was a professor of sociology at the University of California, Riverside, where he was also the chair of the sociology department.[1] Kposowa is from Bumpe, Sierra Leone and is a member of a Mende royal family. His father served as the Paramount Chief of Bumpe.[2] He is the paternal uncle of Princess Sarah Culberson, Lady of Bumpe.[2] Kposowa received his B.A. from Saint Paul's College in Liberia in 1977, his M.A. from the University of Cincinnati in 1986, and his Ph.D. from Ohio State University in 1990.[3] Kposowa became an assistant professor at Wayne State University in 1992, and remained there until 1995, when he became an associate professor at the University of California, Riverside.[3] On November 18, 2021, Kposowa was dismissed from University of California, Riverside due to sexual misconduct with an undergraduate student.[4][5] Kposowa is known for his research on suicide.[6][7] For example, his research has shown that divorced men are significantly more likely to commit suicide than their female counterparts,[8] and that Wednesday is the most common day for people to commit suicide.[9][10] Another study he published found that people who lived in conservative-leaning states and in states with higher gun ownership rates were more likely to commit suicide. The same study, published in 2013, found that people who lived in a state where a higher percent of the population attended church were less likely to commit suicide.[11][12][13] Early life and family Education Career Research 2/17/25, 1:46 Augustine Kposowa - Wikipedia 1/2 1. \"Augustine Kposowa\" ( ucr.edu. University of California, Riverside. Retrieved 13 August 2016. 2. Culberson, Sarah; Trivas, Tracy (May 11, 2010 Princess Found: An American Family, an African Chiefdom, and the Daughter Who Connected Them All ( foundame0000culb). St. Martin's Press \u2013 via Internet Archive. \"Joseph Konia Kposowa.\" 3. \"Augustine Kposowa Curriculum Vitae\" ( University of California, Riverside. Retrieved 13 August 2016. 4. \"Message from the Dean\" ( ulty-member). 5. \"Statement on dismissal of tenured faculty member\" ( ement-dismissal-tenured-faculty-member). News. Retrieved 2022-07-12. 6. Staff (14 March 2000). \"Men Wear Divorce Badly\" ( ce-badly News. Retrieved 13 August 2016. 7. Foxhall, K. (January 2001). \"Suicide by profession: lots of confusion, inconclusive data\" ( w.apa.org/monitor/jan01/suicide.aspx). Monitor on Psychology. American Psychological Association. Retrieved 13 August 2016. 8. Todd, Douglas (25 February 2015). \"The silent epidemic of suicide among men\" ( sun.com/health/Douglas+Todd+silent+epidemic+suicide+among/10830117/story.html). Vancouver Sun. 9. Yang, Jennifer (8 July 2009). \"Wednesday is peak suicide day, study finds\" ( ndmail.com/life/wednesday-is-peak-suicide-day-study-finds/article582562/). The Globe and Mail. Retrieved 13 August 2016. 10. \"Health Highlights: July 8, 2009\" ( ge=1 News. 8 July 2009. Retrieved 12 May 2017. 11. Kposowa, Augustine J. (28 February 2013). \"Association of suicide rates, gun ownership, conservatism and individual suicide risk\". Social Psychiatry and Psychiatric Epidemiology. 48 (9): 1467\u20131479. doi:10.1007/s00127-013-0664-4 ( 23456258 ( S2CID 24779460 ( nticscholar.org/CorpusID:24779460). 12. Vamburkar, Meenal (5 April 2013). \"Political Conservatism And High Rates Of Gun Ownership Are Linked To Greater Suicide Risk, Study Says\" ( m-and-high-rates-of-gun-ownership-are-linked-to-greater-suicide-risk-study-says/). Mediaite. Retrieved 19 October 2016. 13. Mintz, Zoe (5 April 2013). \"Study Links Church Membership To Lower Suicide Risk, Gun Ownership And Conservative Ties To Higher Risk\" ( mbership-lower-suicide-risk-gun-ownership-conservative-ties-higher-risk-1174981). International Business Times. Retrieved 19 October 2016. Augustine Kposowa ( publications indexed by Google Scholar Retrieved from \" References External links 2/17/25, 1:46 Augustine Kposowa - Wikipedia 2/2"} |
7,603 | Samuel Bradley | Texas Tech University | [
"7603_101.pdf",
"7603_102.pdf",
"7603_103.pdf",
"7603_104.pdf",
"7603_105.pdf",
"7603_106.pdf"
] | {"7603_101.pdf": "settles with former communications school director, rescinds his firing By Claire McNeill Times staff Published Jan. 5, 2018 Samuel Bradley also will receive $70,000 in payments \u2014 The former director of the communications school at the University of South Florida has landed a settlement that, along with payments totaling $70,000, Donate Menu Subscribe Subscribe 2/17/25, 1:46 settles with former communications school director, rescinds his firing 1/6 turns his firing into a voluntary resignation. Samuel Bradley lost his high-profile job in 2016 after officials deemed that he had withheld information during his hiring process, including key details about his employment status at Texas Tech University. That school was scheduled to revoke Bradley's tenure after finding that he had inappropriate relations with students fires top administrator who was hired despite serious lapses at previous job Bradley, 44, filed two internal grievances with to contest the firing. He also began disputing USF's actions on a blog called Now the Facts. The new settlement, signed in December, puts his grievances to rest. Now, neither Bradley nor allege any wrongdoing. Both agree not to disparage the other will keep the termination paperwork on file only as long as the law requires, and those documents \"will have no administrative significance am no longer officially called a liar on paper,\" Bradley said Thursday from New Mexico. \"That was important to me because didn't lie.\" The settlement sum of $70,000 includes $15,689 in severance pay and $54,311 to fulfill a semester's worth of back pay. Bradley's Tallahassee-based attorney, Stephen Marc Slepin, hashed out the settlement with USF's general counsel. Bradley said he chose not to pursue formal arbitration. \"It was time for this to be over,\" he said didn't see any good that would come to anyone over another year of drawn-out battle for a Pyrrhic victory.\" Bradley said he doesn't fault the administrators who fired him, though he said he remains concerned about due process in tenure cases. The Texas Tech issue surfaced in early 2016, a few years after Bradley had left that university to join USF's beleaguered communications school, now named the Donate Menu Subscribe Subscribe 2/17/25, 1:46 settles with former communications school director, rescinds his firing 2/6 Zimmerman School of Advertising and Mass Communications. In March 2016, The Tampa Tribune, since taken over by the Tampa Bay Times, asked about an investigation into Bradley's relationships at his prior employer. What emerged was an exhaustive report from the Lubbock university that concluded that Bradley had had affairs with three students and an inappropriately close friendship with another placed Bradley on administrative leave. The Texas Tech report called Bradley's behavior \"generally unprofessional\" and \"embarrassing\" and said he violated policies related to student relationships and conflicts of interest. Through interviews and intimate messages, the report chronicled a dramatic fallout, describing, for example, a graduate student hospitalized for emotional distress. At one point, it says, Bradley's wife smashed the windshield of a student's car after finding him in bed with an undergraduate. Over the years, Bradley denied acting inappropriately, but ultimately was demoted and resigned from Texas Tech. He contends that he never knew a formal report was completed. He first saw a copy, he said, days after suspended him. \"It was a collection of every rumor everybody had ever heard, with no backup, with no oath, no due process,\" Bradley said. He said he did have a long-term relationship with one Texas Tech student that was not against school rules. At USF, Bradley was granted tenure as a condition of his employment, a common practice for tenured faculty members transitioning universities \u2014 only Texas Tech had been planning on revoking Bradley's tenure before he resigned. These revelations sparked concern about USF's hiring practices, so university leaders commissioned their own report. Written by Tampa attorney Thomas Gonzalez, it revealed holes in USF's vetting process \u2014 such as a failure to ask for personnel records \u2014 and led to tighter protocols, including mandatory reference checks. Gonzalez also said Bradley had been \"deceptive\" in the hasty application process. Donate Menu Subscribe Subscribe 2/17/25, 1:46 settles with former communications school director, rescinds his firing 3/6 Deputy Managing Editor/Enterprise Millions flow to wealthy families, pricey private schools under Florida\u2019s voucher program Yesterday \u2022 The Education Gradebook Pinellas teens protest plan to end school block schedules Feb. 14 \u2022 The Education Gradebook During Bradley's few years at USF, his salary nearly doubled. He began as a nontenured visiting professor and director of an advertising program making $74,900, then became the communication school's director, making $145,385. The Zimmerman school has churned through directors and fill-ins in recent years as enrollment has plummeted and the mass communications program's accreditation lapsed. The drama surrounding Bradley's firing added another headache. \"It was certainly a very difficult chapter in the mass comm school's history and one that is good to have closure on,\" director Wayne Garcia said think that the challenges that remain are less about the (school's) history and more about the industry that everyone faces.\" Information from Times files was used in this report. Contact Claire McNeill at cmcneill@tampabay.com or (727) 893-8321. Donate Menu Subscribe Subscribe 2/17/25, 1:46 settles with former communications school director, rescinds his firing 4/6 Florida nixes in-state tuition for \u2018dreamers\u2019 in get-tough immigration law Feb. 14 \u2022 The Education Gradebook Spelling bees are back. Can Tampa Bay make it 3 titles in a row? Feb. 13 \u2022 The Education Gradebook Without income requirements, Florida\u2019s school voucher program booms Feb. 13 \u2022 The Education Gradebook Elected or appointed? What\u2019s the best way to pick a Florida superintendent? Feb. 12 \u2022 The Education Gradebook Pinellas high school gets new principal Feb. 11 \u2022 The Education Gradebook Florida lawmakers will try again on immigration. Tuition remains a target. Feb. 11 \u2022 The Education Gradebook Florida Atlantic University selects former state Rep. Adam Hasner as new president Feb. 10 \u2022 The Education Gradebook funding cap threatens medical research at Florida universities Feb. 10 \u2022 The Education Gradebook Contact Help Chat Customer Service Submit a News Tip Contact Account Donate Menu Subscribe Subscribe 2/17/25, 1:46 settles with former communications school director, rescinds his firing 5/6 Digital access Home delivery Newsletters Manage my account Donate Subscriber e-Newspaper e-Newspaper App About Times Publishing Company About us Connect with us Careers Advertise Times Total Media Media Kit Place an ad Public Notices Classifieds Best of the Best Local Ads Shop Champa Bay Shop Bucs Hardcover Book Lightning Hardcover Book Photo Reprints Article Reprints Article Licensing Historic Front Pages Meeting Backgrounds More News in Education Expos Homes Sponsored Content Special Sections Apps Podcasts Archives \u00a9 2025 All Rights Reserved Times Publishing Company Privacy Policy Menu Subscribe Subscribe 2/17/25, 1:46 settles with former communications school director, rescinds his firing 6/6", "7603_102.pdf": "\uf078 About Contact Advertise Full Issues Staffing at St. Petersburg Home \u0000 2016 \u0000 November \u0000 21 \u0000 Sexual Harassment Incident Led To Ouster Of Top Academic Officer Sexual Harassment Incident Led To Ouster Of Top Academic Officer \uf073November 21, 2016 \uf007Devin Rodriguez Campus News News 2/17/25, 1:46 Sexual Harassment Incident Led To Ouster Of Top Academic Officer \u2013 The Crow's Nest 1/19 Han Reichgelt: Top academic administrator removed from his position in Feb. 2015. Courtesy of St. Petersburg Dr. Han Reichgelt was ousted as the university\u2019s top academic administrator in February 2015 after he propositioned a female professor and made sexually offensive remarks. The abrupt departure of Reichgelt, just eight months after he was hired, has been shrouded in secrecy since he was transferred to a nine-month online teaching post in the College of Business and ordered to attend diversity training off campus. But records obtained by the Crow\u2019s Nest show that Reichgelt admitted making sexual advances and engaging in unwelcome conduct toward the professor while they were attending an off-campus event in late 2014. Shocked, the professor reported the incident to university administrators. They investigated and concluded on Jan. 14, 2015, that Reichgelt had violated the university\u2019s policies on diversity and equal opportunity and sexual misconduct/sexual harassment. Seven weeks later, Reichgelt resigned at the direction of Regional Chancellor Sophia Wisniewska, who offered no public explanation for a move that stunned the campus St. Petersburg administrators remained mum on the case, saying that the university does not comment on personnel matters, until last week, when advised that the Crow\u2019s Nest was preparing a news story on the reasons behind Reichgelt\u2019s ouster. 2/17/25, 1:46 Sexual Harassment Incident Led To Ouster Of Top Academic Officer \u2013 The Crow's Nest 2/19 In a written response to inquiries made by the Crow\u2019s Nest, Dr. Chitra Iyer, the associate vice chancellor for administration, said that the university reacted promptly to the complaint, investigated it thoroughly and then took \u201cprompt corrective action.\u201d Reichgelt resigned, with \u201ca substantial reduction in pay,\u201d completed the required training and continued teaching because he \u201cis a tenured faculty member,\u201d Iyer wrote. Asked if the female professor was satisfied by the university\u2019s response, Iyer responded, \u201cWe can\u2019t speak for the complainant.\u201d Reichgelt, who is teaching four online business courses this semester, declined to comment, referring the newspaper to Iyer. \u201cThe matter is settled,\u201d he said. Records show that the female professor \u2013 whose name is blacked out in the records \u2013 and Reichgelt were socializing at a bar during an off-campus event when the incident occurred. According to the professor, Reichgelt put his arm around her waist, tried to kiss her and asked her to have sex with him. His invitation \u2013 which the stunned professor rebuffed \u2013 followed what she later called \u201coverall misogynistic talk about how women have but should not have all the power when it comes to sex, how \u2018rape is one thing but sexual harassment is another,\u2019 how men are hard wired to \u2018f\u2014\u2019 and how the hunt is every bit as pleasurable as the kill.\u201d She said that Reichgelt told her that \u201cas a man, if you get the kill and get to f\u2014 the woman, that is great, but what men really want is the hunt.\u201d According to the professor, later that night, Reichgelt sent her a \u201cseemingly half-hearted, drunken text apology \u2013 \u2018Sorry probably was out of order.\u2019\u201d 2/17/25, 1:46 Sexual Harassment Incident Led To Ouster Of Top Academic Officer \u2013 The Crow's Nest 3/19 Three weeks after the incident, the professor wrote a letter to Reichgelt that she never sent him. Instead, she shared it with university investigators. In the letter, she described her reaction to his behavior, its effect on her emotions and its potential impact on her career. \u201cAs a man, you may not be able to fully understand the sadness, disappointment, and disillusionment have felt,\u201d she wrote have worked very hard to find myself where am professionally. Like many of us in academia have sacrificed a lot of my life \u2013 my time, my energy, my family \u2013 for my career. \u201cNow, the direction my career was taking seems untenable given the irreparable damage this situation has had on our professional relationship. \u201cRight now,\u201d she continued do not feel comfortable in an environment to which have dedicated my career \u2026 Beyond my general discomfort have to live with the fear you are angry that reported this and, consequently, will attempt to sabotage me in small or covert ways. \u201cEqually fear that you, in an attempt to overcompensate for your wrongdoings, may lean toward granting me special favors that are not based on my merit. \u201cWhat fear most, though, is that you will do this to someone more vulnerable than I.\u201d According to the records, Reichgelt had two conversations with Iyer, the university administrator who led the university\u2019s investigation. In her report, dated Jan. 14, 2015, Iyer recapped the professor\u2019s allegations and her 2/17/25, 1:46 Sexual Harassment Incident Led To Ouster Of Top Academic Officer \u2013 The Crow's Nest 4/19 anguished assertions in the lengthy letter she wrote to Reichgelt but did not send. Iyer also summarized two conversations with Reichgelt about the incident. He acknowledged, Iyer wrote, that he was drunk and tried to make a pass, which the professor rebuffed. \u201cIt was stupid and apologized \u2026 through a text message.\u201d Reichgelt was aware of his inappropriate behavior, Iyer wrote. He acknowledged he may have made the comments reported by the professor but \u201ccould not recall the exact words.\u201d According to Iyer, when asked about his comments on sexual harassment, Reichgelt said, \u201cLook have issues with interactions between men and women \u2013 it is more rules-based than being spontaneous or based on relationships. There are boundaries and probing those boundaries is not allowed.\u201d In a written response to Iyer\u2019s findings that he had violated university policies, Reichgelt acknowledged what he called \u201cmy highly inappropriate and regrettable behavior.\u201d But he also took issue with the way the investigation was conducted. He said that he was \u201cnever fully informed\u201d that a formal complaint had been filed, and wrote that would have been more careful in my comments had known that everything said could be shared\u201d with the professor. Once he learned that the professor \u201choped for a more sincere apology,\u201d Reichgelt wrote, he wanted to extend one. But twice the investigator told him to wait \u201cuntil the (investigative) process had run its course.\u201d Reichgelt also complained that Iyer had taken some of his comments out of context. He took particular exception to this quotation she attributed to him: \u201cLook have issues with 2/17/25, 1:46 Sexual Harassment Incident Led To Ouster Of Top Academic Officer \u2013 The Crow's Nest 5/19 interactions between men and women \u2013 it is more rules based rather than being spontaneous or based on relationships.\u201d That comment, he said, was directed at \u201cpolicies related to Title and how in my view they have the potential to negatively impact the spontaneous interactions between people.\u201d While it \u201cis completely unrelated\u201d to the professor\u2019s complaint, Reichgelt wrote, \u201cfor the record do believe that creating an environment in which mothers feel compelled to tell their sons that they need to obtain a consenting text from their partners at every stage of a sexual encounter is worrisome, just as it is worrisome that fathers of African-American and biracial sons feel compelled to have \u201cThe Talk\u201d with their sons about how to behave when they are stopped by a police officer.\u201d Under the prodding of the federal government and the administration of President Barack Obama, colleges and universities around the country have stepped up their efforts to crack down on sexual harassment and assault on their campuses. At USFSP, the policies are spelled out in university guidelines, and faculty members have been directed to stress that policy in their syllabi and conversations with students. Training on the issue is conducted during orientation for new employees, Iyer said, and there is a training video on the university website. For the last two years, Student Government has sponsored events to underscore the \u201cIt\u2019s On Us\u201d pledge to take a stand on sexual assault and violence. Twice in recent months Tampa has been embarrassed by newspaper disclosures that 2/17/25, 1:46 Sexual Harassment Incident Led To Ouster Of Top Academic Officer \u2013 The Crow's Nest 6/19 the university hired highly paid administrators without knowing they had faced charges of inappropriate sexual behavior in their previous jobs. Last month, the university acknowledged it did not know that Herb Maschner had sexually harassed a 28-year-old graduate student at Idaho State University. Last week he was removed from his post as director of a new geosciences center on the Tampa campus. He remains as a professor. In June, the university fired Samuel D. Bradley, the director of its advertising and communications department, after learning he had resigned from Texas Tech University after an investigation into his relationships with students. In response to a question from the Crow\u2019s Nest, Iyer said conducted a background check before hiring Reichgelt. \u201cWe are not aware of any evidence of this type of conduct prior to hire or since this incident,\u201d she wrote. Information from the Tampa Bay Times was used in this report. The Victim: She Feels \u2018Sadness, Disappointment, Disillusionment\u2019 Excerpts from a letter that the professor wrote to Dr. Han Reichgelt but never sent. Instead, she gave it to university investigators. Han hope you will receive this letter as it is intended, which is to be informative and to seek resolution to what has been, for me, an extremely difficult situation. Although your 2/17/25, 1:46 Sexual Harassment Incident Led To Ouster Of Top Academic Officer \u2013 The Crow's Nest 7/19 seemingly half-hearted, drunken text apology (\u201cSorry probably was out of order\u201d) was appreciated must admit was hoping (expecting) a sober and genuine apology for the way you acted \u2026. Of course have no idea what exactly you remember about that evening, which makes this writing difficult. However write under the assumption that you have at least some recollection of your inappropriateness \u2013 asking me what motivation would need to go to bed with you, asking for \u201cjust you and I\u201d to leave the bar together, trying to kiss me, putting your arm around me and squeezing my waist, asking if wanted to \u201ctry this\u201d and, when declined, saying \u201cwe probably should wait until you are promoted,\u201d and your parting comment about how you \u201ctried hard\u201d but that your effort was wasted. And, this does not include your overall misogynistic talk about how women have but should not have all the power when it comes to sex, how \u201crape is one thing but sexual harassment is another,\u201d how men are hard wired to \u201cfuck\u201d and how the hunt is every bit as pleasurable as the kill (\u201cas a man, if you get the kill and get to fuck the woman, that is great, but what men really want is the hunt\u201d). To say the least, your words and actions made me uncomfortable. After all, you are the Regional Vice Chancellor of \u2026. Despite \u201cthe evening\u201d and despite your failure to offer a sincere apology desperately wanted to believe that your behavior did not really reflect who you are as a person or as a professional because truly care about our institution. Prior to the event had been so excited about your and Sophia\u2019s leadership and direction of the university had considered you to be an excellent Vice Chancellor was impressed with your transparency and the decency of your interactions with faculty and, prior to this situation had taken every opportunity available to me to praise you on these accounts genuinely respected you and probably what hurt me the most is that thought you respected me. In fact, naively thought our easy rapport and growing professional relationship was based on mutual respect, not a hidden sexual agenda. In light of what happened now question my judgment of our professional relationship and of your character. As a man, you may not be able to fully understand the sadness, disappointment, and disillusionment have felt, but do hope that you will try to see things from my perspective have worked very hard to find myself where am professionally. Like many of us in academia have sacrificed a lot of my life \u2013 my time, my energy, my family \u2013 for my career. 2/17/25, 1:46 Sexual Harassment Incident Led To Ouster Of Top Academic Officer \u2013 The Crow's Nest 8/19 Now, the direction my career was taking seems untenable given the irreparable damage this situation has had on our professional relationship am not comfortable in your presence, and suspect you are not comfortable in mine, which makes my job \u2026 extremely difficult. Prior to making the decision to report your behavior was belaboring each and every interaction with you for fear that my intentions would be misperceived. Now am simply avoiding you altogether and it seems you are doing the same no longer get to enjoy the camaraderie we were developing as colleagues and that other faculty get to enjoy with you \u2013 undeniably an important part of a job that, to be successful, requires good relationships. And, while sincerely hope things will normalize in time, right now do not feel comfortable in an environment to which have dedicated my career \u2026. Beyond my general discomfort have to live with the fear you are angry that reported this and, consequently, will attempt to sabotage me in small or covert ways. Equally fear that you, in an attempt to overcompensate for your wrongdoings, may lean toward granting me special favors that are not based on my merit. What fear most, though, is that you will do this to someone more vulnerable than I. In my genuine attempt to find a place of resolution leave you with one question: How do you suggest we proceed? The Investigator: \u2018There is Sufficient Information To Support The Allegation\u2019 Excerpts from a report by Dr. Citra Iyer, who investigated the professor\u2019s allegations. Dr. Reichgelt was provided an opportunity to present his perspective and side of the story. When Dr. Reichgelt was asked \u2026 what he remembered \u2026, he responded tried to make a pass \u2026 and (she) said no.\u201d When probed further whether he recalled anything else, he said was drunk and tried to \u2026 and (she) said no.\u201d He said, \u201cIt was stupid and apologized to (her) through a text message.\u201d 2/17/25, 1:46 Sexual Harassment Incident Led To Ouster Of Top Academic Officer \u2013 The Crow's Nest 9/19 When probed further about his conduct, he denied there is any other situation out there like this and stated that this type of incident will not happen again. In response to the question relating to concern about institutional risk as a result of his behavior, Dr. Reichgelt responded,\u201d You tell me what need to do. If need to disappear, you let me know.\u201d \u2026. When asked about his drinking, he said that he is not a heavy drinker. He said that he likes to socialize over drinks, but that he does not have a drinking problem. \u2026. When asked whether he understood how his behavior had impacted (the professor), he said he was surprised by how hard (she) was taking this. He said it was not a value judgment, but rather a reflection of his own misinterpretation of (her) reaction. He said the person who would need to evaluate the future would be him, not (her). When asked how he would respond to (the professor\u2019s) question in the letter, which asked of him, \u201cIn my genuine attempt to find a place or resolution leave you with one question: How do you suggest we proceed?,\u201d Dr. Reichgelt said he could talk to (her) and ask for forgiveness. If the decision is that it is not workable, he said he would be the \u201conly person who has to disappear CONCLUSION: Dr. Reichgelt has admitted to making sexual advances and engaging in conduct that was unwelcome \u2026. While Dr. Reichgelt stated that he could not recall his exact words regarding women, he acknowledged he may have made comments, such as \u201csexual harassment is bullshit,\u201d and \u201cwe\u2019ll wait till you\u2019re promoted.\u201d Although this was a one-time incident, the totality of Dr. Reichgelt\u2019s behavior during this incident was severe. Additionally, even though there is no known existing pattern of conduct by Dr. Reichgelt in this regard, there is a significant power differential between the two parties, in addition to his comments being an aggravating factor. Dr. Reichgelt is the chief academic officer for and (the professor is) in a subordinate position \u2026 Based on the totality of the circumstance and the statements gathered, there is sufficient information to support the allegation that Dr. Reichgelt engaged in inappropriate conduct in violation of USF\u2019s Diversity and Equal Opportunity Policy #0-007 and Sexual Misconduct/Sexual Harassment Policy #0-004. 2/17/25, 1:46 Sexual Harassment Incident Led To Ouster Of Top Academic Officer \u2013 The Crow's Nest 10/19 conclusion of cause is recommended in this matter. The Aggressor: He Acknowledges \u2018Highly Inappropriate and Regrettable Behavior\u2019 Excerpts from Dr. Han Reichgelt\u2019s written response to the university investigator\u2019s findings was never fully informed that a formal complaint had been lodged against me, or the details of the subsequent process. While fully acknowledge (the professor\u2019s) right to file a complaint, and feel no resentment or anger towards (her) for doing so would have been more careful in my comments had known that everything said could be shared with (her) \u2026. The description of the process and interviews omits what regard as important facts. For example, both in our initial conversation on December 19, and a second conversation on January 12 was instructed not to contact (the professor only became aware on December 19 that (the professor) had hoped for a more sincere apology. Naively or perhaps overly optimistically thought that (her) acknowledgement of my text \u2026 and a professional email exchange between us on a different matter afterwards meant that we were rebuilding our professional relationship would have been more than willing to issue a deeper apology as soon as became aware of (the professor\u2019s) desire for one but the conditions imposed by the investigator made this impossible \u2026. In many cases, the reports of my conversations with the investigator leave out the context in which my comments were made. For example, \u2026 the investigator writes: \u201cWhen asked whether he understood how his behavior impacted (the professor), he said he was surprised by how hard (she) was taking it.\u201d The investigator fails to mention that in the same exchange quoted from (the professor\u2019s) letter which states \u2026 \u201cAs a man, you may not be able to fully understand the sadness, disappointment and disillusionment have felt believe that the context is relevant. Also on page 3, the investigator reports that am alleged to have said: \u201cLook have issues with interactions between men and women \u2013 it is more rules-based rather than being spontaneous or based on relationships.\u201d The context in which this comment was made 2/17/25, 1:46 Sexual Harassment Incident Led To Ouster Of Top Academic Officer \u2013 The Crow's Nest 11/19 was a conversation on policies related to Title and how in my view they have the potential to negatively impact the spontaneous interaction between people. Inclusion of the context, rather than merely quoting a few poorly formulated remarks out of context, would in my view have significantly altered the connotation of my remarks. And, although it is completed unrelated to (the professor\u2019s) complaint, for the record do believe that creating an environment in which mothers feel compelled to tell their sons that they need to obtain a consenting text from their partners at every stage of a sexual encounter is worrisome, just as it is worrisome that fathers of African-American and biracial sons feel compelled to have \u201cThe Talk\u201d with their sons about how to behave when they are stopped by a police officer. However, as said, my concerns about the atmosphere that we are in danger of creating are completing irrelevant to my highly inappropriate and regrettable behavior towards (the professor). \u2026 Finally, and most distressingly, the investigator included in her reports comments that explicitly asked her not to include was not aware that our conversations took place as part of a formal process in which all my comments could be reported. Had known would not have made them. In particular explicitly asked on both occasions for my comment about my willingness to step down not to be shared with (the professor), not because will not step down should the institute decide that this is the appropriate sanction, but because felt that sharing this comment might put pressure on (the professor) not to exercise her right to lodge a complaint against me. The fact that, according to the report, (the professor) expressed the fear that \u2026 reporting my inappropriate behavior might lead to institutional instability would seem to bear this out. (The professor) ends her letter with the sentence \u201cIn my genuine attempt to find a place of resolution leave you with one question: How do you suggest we proceed share (the professor\u2019s) desire to find a resolution but cannot see how a resolution can be reached if we continue to follow the current process and in particular continue to prohibit direct communications between (the professor) and me. 2/17/25, 1:46 Sexual Harassment Incident Led To Ouster Of Top Academic Officer \u2013 The Crow's Nest 12/19 University Reacted Promptly and Decisively, Administrator Says Dr. Chitra Iyer, the university\u2019s associate vice chancellor for administration, issued this response to the Crow\u2019s Nest inquiry about the sexual harassment case against Dr. Han Reichgelt, the former regional vice chancellor for academic affairs takes allegations of sexual harassment seriously. Consistent with our policies and standards, as soon as we were made aware of the allegation, an investigation was initiated and measures were taken to protect the complainant. Once the facts were fully investigated, prompt corrective action was taken. As a result of these actions, Dr. Reichgelt resigned his senior leadership position, which resulted in a substantial reduction in pay. He was also required to complete training, which was accomplished. No further violations of any policies of any kind have been alleged in regard to Dr. Reichgelt since the incident in 2014. Crow\u2019s Nest: Was the professor satisfied by the university\u2019s response? \u201cWe can\u2019t speak for the complainant.\u201d CN: Was Dr. Reichgelt\u2019s background thoroughly explored before he was hired by the university? Was there any evidence that he had engaged in this kind of behavior before conducted a background check prior to hiring Dr. Reichgelt. We are not aware of any evidence of this type of conduct prior to hire or since this incident.\u201d CN: Dr. Reichgelt\u2019s photo, resume and contact information are still on the College of Business website and he answers the phone number listed there. Has his nine-month appointment as an online professor been extended? If so, for how long? \u201cDr. Reichgelt is a tenured faculty member.\u201d CN: Since the incident occurred, has the university taken additional steps to ensure that administrators, faculty and staff are aware of university policy on sexual harassment, sexual violence and other gender-based harassment? 2/17/25, 1:46 Sexual Harassment Incident Led To Ouster Of Top Academic Officer \u2013 The Crow's Nest 13/19 \u201cTo prevent sexual harassment, sexual violence and gender-based harassment, faculty, staff and students receive Title IX, sexual harassment training and Violence Against Women\u2019s Act (VAWA) training. This is conducted at new employee orientation for employees. The training is also available in a video format on the website.\u201d Key Dates in The Reichgelt Case May 30, 2014 \u2013 The university announces the hiring of Dr. Han Reichgelt, a dean at Southern Polytechnic State University in Marietta, Ga., as regional vice chancellor of academic affairs \u2013 the top academic post on campus. Late 2014 \u2013 According to a female professor, Reichgelt makes sexual advances and vulgar comments to her while they are attending an off-campus event. She rebuffs him and files a complaint with university administrators. Dec. 19, 2014 \u2013 The university interviews Reichgelt about the incident. Jan. 12, 2015 \u2013 The university has a follow-up interview with Reichgelt. Jan. 14, 2015 \u2013 Dr. Chitra Iyer, the regional associate vice chancellor for administration, completes a report describing the allegations, Reichgelt\u2019s response, and her conclusion. \u201cThere is sufficient information to support the allegation that Dr. Reichgelt engaged in inappropriate conduct\u201d that violated the university\u2019s policies on diversity, equal opportunity and sexual misconduct/sexual harassment, Iyer writes. Feb. 5, 2015 \u2013 In a letter to the university, the female professor says Reichgelt\u2019s behavior and comments \u201cwere so blatantly misogynistic, inappropriate and unlawful that I\u2019m struggling to put this matter behind me.\u201d She feels harmed, isolated and \u201cextremely concerned about the short and long-term effects this will have upon my academic career, not to mention my personal well-being.\u201d Feb. 9 \u2013 Reichgelt acknowledges \u201cmy highly inappropriate and regrettable behavior\u201d toward the professor. But in his written response to the university\u2019s findings, he also complains that he was \u201cnever fully informed that a formal complaint had been lodged against me.\u201d He was prohibited from making \u201ca deeper apology\u201d to the victim, he writes. 2/17/25, 1:46 Sexual Harassment Incident Led To Ouster Of Top Academic Officer \u2013 The Crow's Nest 14/19 +8 0 And some of his comments reported by Iyer omit the context, which would have \u201csignificantly altered the connotation of my remarks.\u201d Feb. 27 \u2013 Without public explanation, the university announces Reichgelt\u2019s resignation. In a letter accepting the resignation, Regional Chancellor Sophia Wisniewska says he will be moved to a nine-month appointment in the College of Business. She also directs him to complete diversity training off-campus. March 18 and April 28 \u2013 The Crow\u2019s Nest files requests under Florida\u2019s Public Records Law seeking emails to and from Wisniewska and Reichgelt in the weeks leading up to his ouster. April 15, 2016 \u2013 After delaying for 13 months, the university releases more than 1,600 pages of emails. They show Reichgelt\u2019s sudden departure followed a diversity complaint and that the university worked out a plan to limit publicity. The emails shed little light on the particulars of the case. November 2016 \u2013 Additional records obtained by the Crow\u2019s Nest show that Reichgelt was ousted following a sexual harassment complaint from the female professor. The university says he remains at as a tenured faculty member. \uf185Post Views: 9,431 Written by: Devin Rodriguez on November 21, 2016. Last revised by: Ryan CallihanApril 29, 2017. Related Posts 2/17/25, 1:46 Sexual Harassment Incident Led To Ouster Of Top Academic Officer \u2013 The Crow's Nest 15/19 Will need a new regional chancellor soon? Christian Hardigree named a finalist for Murray State University\u2019s presidential search \uf073February 14, 2025 \uf007Alisha Durosier and Campus Rec boost access to sustainable transportation at \uf073February 13, 2025 \uf007Jenna Nicastro \uf177Previous: Climate Change: Forgotten Issue of 2016 Next: \uf178 Thrown into the Spotlight: An Interview with Laraine Ruiz Campus News News Arts and Life Campus Campus News 2/17/25, 1:46 Sexual Harassment Incident Led To Ouster Of Top Academic Officer \u2013 The Crow's Nest 16/19 3 thoughts on \u201cSexual Harassment Incident Led To Ouster Of Top Academic Officer\u201d G. M. Killenberg says: November 22, 2016 at 9:18 pm Congratulations to the Crow\u2019s Nest for doing what a college newspaper should do \u2014 conduct investigative reporting. News media too infrequently use freedom of information laws to unlock public records that officials try to keep confidential without justification. Here, the Crow\u2019s Nest showed local journalists how get results and publish the information responsibly. Reply Pingback budget: Deep cuts, big salaries \u2013 The Crow's Nest Eve Hunt says: June 30, 2019 at 11:59 pm You really make it seem so easy with your presentation but find this matter to be actually something which think would never understand. It seems too complex and very broad for me. I\u2019m looking forward for your next post will try to get the hang of it Reply Leave a Reply Your email address will not be published. Required fields are marked * Comment * 2/17/25, 1:46 Sexual Harassment Incident Led To Ouster Of Top Academic Officer \u2013 The Crow's Nest 17/19 Name * Email * Website Post Comment Recent Posts Will need a new regional chancellor soon? Christian Hardigree named a finalist for Murray State University\u2019s presidential search and Campus Rec boost access to sustainable transportation at \uf101 New lieutenant governor hopes to champion inclusivity and civic engagement at Women\u2019s Lacrosse makes impact in historic debut, rolls past Kennesaw State 19-6 \uf101 Men\u2019s basketball defeats Temple in double-overtime matchup \uf101 2/17/25, 1:46 Sexual Harassment Incident Led To Ouster Of Top Academic Officer \u2013 The Crow's Nest 18/19 All Rights Reserved \u2013\u2013 The Crow's Nest 2023. Proudly powered by WordPress | Theme: Fairy by Candid Themes. usfcrowsnest 2/17/25, 1:46 Sexual Harassment Incident Led To Ouster Of Top Academic Officer \u2013 The Crow's Nest 19/19", "7603_103.pdf": "Quotable... \u201cThere are risks and costs to action. But they are far less than the long range risks of comfortable inaction.\u201d -- John F. Kennedy Having trouble viewing this email? View it in your browser. Case in Point: Lessons for the proactive manager July 2016 Vol. 8 No. 7 In June we concluded our analysis of articles we linked in Case in Point during 2015. This month we turn our attention back to the topic of compliance. As we've previously stated, the compliance category has been our largest for the past few years, and it has also experienced dramatic growth in importance for higher education institutions. Higher education is perhaps among the most regulated industries in terms of the sheer volume of regulations which apply to it, and this can be overwhelming. It is therefore important we utilize best practices to manage our compliance efforts. While it may seem ironic, today's best practices for organizational compliance are found in the U.S. Federal Sentencing Guidelines. There are generally seven best practices recognized that can be found in these Guidelines. One of these best practices, \"Response & Prevention,\" touches on the organization's responsibility when it becomes aware of a compliance failure, and what it does in response to that incident. Inherent in this best practice is the need for the organization to cultivate a culture where all employees feel comfortable in reporting potential compliance problems to appropriate personnel. Awareness accompanied by inaction is a dangerous thing in today's compliance world. Within Case in Point we've linked multiple stories during the past few months where an employee (or employees) became aware of a potential compliance failure but chose inaction - leading to substantial financial, reputational, and legal risk to the institution. Inaction and failing to report potential offenses is not a viable option in today's world. Failure to act appropriately may lead to mandated oversight which is substantially more cumbersome and expensive in the long run. The best course is to always appropriately report the issue. If you aren't sure where to report you can always contact our office directly, contact one of our compliance partners, or anonymously report through EthicsPoint. We invite you to review the news stories in higher education we link below and consider how you can best proactively manage risk. 2/17/25, 1:47 Case In Point 1/9 M. Kevin Robinson Associate Vice President Office of Audit, Compliance & Privacy Information Security & Technology Events Jul 22, 2016: The University of Mississippi Medical Center agreed to a $2.75 million settlement with the federal government for alleged violations of the Health Insurance Portability and Accountability Act (HIPAA). Unsecured electronic health information on 10,000 people was breached when a laptop computer was found to be missing, according to the U.S. Department of Health and Human Services' Office for Civil Rights. (link) Jul 13, 2016: Oregon Health & Science University has agreed to pay federal authorities $2.7 million for two data breaches in 2013 that involved more than 7,000 patients also will enact a \"rigorous three-year corrective action plan\" as part of a resolution agreement with the U.S. Department of Health and Human Services Office for Civil Rights, according to a statement released Wednesday. The two breaches occurred within three months of each other. (link) Jul 08, 2016: N.C. State University says it has notified 38,000 current and former students that some of their personal information may have been accessed by someone who hacked into the university's computer system officials say someone accessed a university email account using a \"sophisticated phishing scam\" and got access to a file from 2013 that included names, mailing addresses, university numbers and Social Security numbers. Officials say there is no evidence yet that any of the personal data have been retrieved or misused. (link) Fraud & Ethics Related Events Jul 14, 2016: The Justice Department said Thursday that Columbia University has agreed to pay $9.5 million to resolve allegations that it improperly charged the National Institutes of Health for facilities and administrative costs on more than 400 federal grants. Prosecutors say the Ivy League school inflated the amount of money owed for use of facilities from July 2003 to June 2015. Universities are allowed to charge a higher rate for research conducted on campus to offset maintenance and operations expenses. Although Columbia faculty carried out federally sponsored research in buildings owned by the state of New York, entitling the school to a lower rate of reimbursement, the university applied the higher rate, according to the complaint. (link) Jul 13, 2016 South Carolina attorney has pleaded guilty to defrauding a University of Alabama sorority -- her alma mater -- of hundreds of thousands of dollars in a sorority house furnishing scheme. U.S. Attorney Joyce White Vance today announced 39-year-old Jennifer Elizabeth Meehan entered her plea Tuesday in federal court. Meehan, who was tasked with furnishing the University's new Gamma Phi Beta house, was arrested last year and accused of defrauding the sorority of nearly $400,000 through schemes in which Meehan submitted invoices for a sorority's furniture and equipment and received payment for them without ever actually providing the goods to the house. (link) 2/17/25, 1:47 Case In Point 2/9 Jul 12, 2016 Berkeley Chancellor Nicholas Dirks is under university investigation for the alleged misuse of public funds for travel and the personal use of a campus athletic trainer without payment, the Los Angeles Times has learned whistleblower complaint alleged that Dirks had failed to pay for use of the campus Recreational Sports Facility and its professional services, and that he used public funds to pay for travel with a recreational sports employee on non-university business, according to an April 11 letter to Dirks from Rachael Nava, the University of California's chief operating officer. (link) Jul 07, 2016: The woman formerly in charge of making \"change\" at University Hospital dining areas has been charged in the theft of $1.1 million. Kyejuana Avery, 34, entered into a plea agreement Thursday with the U.S. Attorney's Office to a charge of theft concerning programs receiving federal funds, according to court documents. Between 2007 and 2013 Avery was employed as a financial account representative at the University of Alabama at Birmingham's Hospital Food and Nutrition Services Department, according to the plea deal. That department sells food and beverages at locations around University Hospital. (link) Jul 07, 2016: Two former Georgia Southern University staff members violated ethical conduct rules when they provided three football student-athletes with impermissible academic assistance, according to a decision issued by a Division Committee on Infractions panel former assistant compliance director provided a student-athlete with a flash drive containing her previous work for a course in which the student-athlete was enrolled. The student-athlete later pulled an assignment from the flash drive and submitted it as his own work. When the professor discovered the work, the student-athlete and former assistant compliance director worked together to draft responses that stated the student-athlete was solely accountable. During the interview process, after initially denying the involvement of the former assistant compliance director, the student- athlete stated that the staff member provided him with the flash drive and instructed him to tell a false story. (link) Jul 05, 2016: Three former Georgia Tech employees face fraud charges after allegedly spending $250,000 of university funds on personal items, including upgrades to a private hunting lodge. All three were employed in Georgia Tech's Advanced Concepts Laboratory, servicing clients like the Department of Defense and various intelligence agencies. As part of this job, Fraley had access to a Georgia Tech procurement card, or \"PCard\", for making university-related purchases. (link) Jun 30, 2016: In a case that has raised concern about the University of South Florida's hiring practices, the school has fired a high-profile director who managed to sail through the vetting process in 2013 despite serious marks on his job record. The university announced Thursday it has removed Samuel Bradley as director of its Zimmerman School of Advertising and Mass Communications for trying to conceal an investigation into his inappropriate relations with students while in his previous job at Texas Tech University. (link) Jun 30, 2016: The University of Missouri has agreed to pay the federal government $2.2 million to settle a claim that physicians with Health Care committed fraud. The health care program allegedly violated the False Claims Act by submitting claims for radiology services to federal programs such as Medicare and Medicaid and maintaining that radiology images had been reviewed by physicians. \"In fact, they had not reviewed those images,\" Tammy Dickinson, U.S. attorney for the Western District, said in a statement Thursday. (link) Compliance/Regulatory & Legal Events 2/17/25, 1:47 Case In Point 3/9 Jul 29, 2016 petition by a fired Baylor athletic staff member filed in Dallas County on Wednesday could provide insight into the university's sexual assault scandal. Thomas Hill, who spent 28 years at Baylor and was recently the university's associate athletic director for community relations and special projects, filed a Rule 202 petition to depose three Baylor Board of Regents members to find out why he was fired. (link) Jul 29, 2016: The U.S. Department of Education's Office for Civil Rights has opened a new sexual assault investigation at the University of Virginia, according to a report obtained Thursday. Department's spokeswoman Dorie Turner Nolt confirmed Thursday that the office had opened a Title investigation at UVa on July 22. Nolt said the investigation involves facts that were not covered as part of the office's investigation into Title violations at UVa that was launched in 2011 and ended in September. (link) Jul 28, 2016: Baltimore County police have charged two men in connection with an incident in March that seriously injured a Towson University student. Investigators said a 19-year-old man who is a Towson student attended an initiation event on March 31 for the Tau Kappa Epsilon fraternity. Police said the victim was made to perform strenuous workouts, recite knowledge of the fraternity and drink unknown substances. After the event, the victim became extremely ill and was hospitalized. Evan Palmer Francis, 21, of Olney, and Alexander James Cantor, 21, of Bel Air, have been charged with hazing and reckless endangerment. Francis was released on $35,000 bail, and Cantor was released on $50,000 bail. Trials are set for both men on Sept. 19. (link) Jul 28, 2016: Four Radford University students, all members of a now-disbanded fraternity, pleaded guilty Thursday to hazing and alcohol charges related to making pledges do push-ups on bottle caps, and other painful and humiliating initiation rituals. In a Radford General District Court hearing, Theodore Eugene Anna and Andrew Morgan Piccione pleaded guilty to hazing, and Jesse Vaughn Leasure and Evan Ross Satterley pleaded guilty to hazing and also to purchasing alcohol for underaged persons. (link) Jul 27, 2016: The University of Michigan has agreed to pay $165,000 to settle what was left of a lawsuit over a graduate student's dismissal from an engineering program in 2011. The school struck a deal with Jennifer Dibbern shortly before a June trial and after a federal judge dismissed most claims. She had accused the university of retaliating against her for union activity and efforts to change the campus anti-harassment policy. The university denied any wrongdoing and said Dibbern wasn't making enough progress toward a doctorate degree after four years, among other issues. (link) Jul 26, 2016: The University of Utah is being investigated by the federal government after a complaint from graduate Nisha Kavalam who said the school mishandled her sexual assault investigation. Kavalam, who graduated in December with a degree in social work, says she reported to the U. a few weeks after being sexually assaulted by a fellow student in February 2015. Under Title IX, a federal law that bars sexual discrimination, schools have an obligation to swiftly investigate reports of sexual assault. The school took more than a year to find the perpetrator, she said, so in May she filed a federal complaint with the education department's Office for Civil Rights. (link) Jul 25, 2016 former University of Alaska Fairbanks hockey player who was charged with and then acquitted of rape says the statewide college system refuses to hand over his petroleum engineering degree. Nolan Youngmun, through his attorney William Ingaldson, filed a lawsuit Wednesday against the University of Alaska and three individuals, who he argues are unreasonably withholding his bachelor's degree. Former chancellor Brian Rogers, interim chancellor Michael Powers and the university's Title coordinator Mae Marsh are named as co- defendants in the suit, which also seeks more than $100,000 in damages. (link) 2/17/25, 1:47 Case In Point 4/9 Jul 21, 2016: In early April, shortly after his team celebrated a postseason championship, a George Washington men's basketball player visited a campus Title coordinator to log complaints about Coach Mike Lonergan. Lonergan, the player believed, had created an offensive, uncomfortable environment, evidenced in his mind -- and in the minds of many of his teammates -- by the spate of transfers during the coach's five-year tenure. When the player shared the complaints, which included Lonergan making repeated graphic remarks about the school's athletic director, Title coordinator Rory Muhammad's response surprised him. The player was told, he later recalled, that the school had looked into Lonergan's behavior previously and that the issue had been \"handled.\" (link) Jul 19, 2016 student Christian organization at N.C. State University says it has dropped its lawsuit against four campus administrators because the university has changed its policies on student speech on campus. Grace Christian Life argued that requiring students to get a permit to pass out pamphlets and fliers on campus violated free speech rights and that administrators enforced the rule unfairly. (link) Jul 18, 2016: Two former University of Oregon Counseling & Testing Center employees, who blew the whistle on a superior they said accessed an alleged rape victim's health records without her consent, settled a lawsuit with the school Sunday. In their lawsuit, Jennifer Morlok and Karen Stokes said they were retaliated against by coworkers after raising concerns about the university accessing a student's health records without her consent. School officials maintained they did nothing improper by accessing the files as they prepared for the woman's suit against the university. (link) Jul 14, 2016: Monroe County prosecutors filed charges Thursday against a former senior lecturer at the Indiana University Jacobs School of Music. Guo Ping Wang is charged with sexual battery and criminal confinement, both felonies warrant was issued for his arrest. According to court documents filed Thursday, Wang approached a student after Nutcracker rehearsals at the Musical Arts Center in November 2015, and asked her to \"stay to work on her technique.\" Wang attempted to kiss the student and when she got up to leave, he stood between her and the only door to the office, according to the probable cause affidavit. (link) Jul 11, 2016: Five people charged in the sexual assault of a woman at Ramapo College appeared in Bergen County Superior Court Monday where they entered not guilty pleas and were offered plea deals by the prosecutor to consider. The charges date to a November 2014 incident in which the victim attended a fraternity party and woke up the next morning undressed in a dorm room, believing she had been sexually assaulted. She went to Hackensack University Medical Center where medical personnel found she had lacerations consistent with non-consensual sex. (link) Jul 07, 2016: The U.S. Department of Education's Office for Civil Rights (OCR) announced today that it has entered into a resolution agreement with Minot State University, North Dakota, after finding the university in violation of Title of the Education Amendments of 1972 found that the university failed to process a complaint brought by a former student (Student A) who reported that during her time at the school, she had been sexually assaulted for over two years by one of her professors. Despite the serious nature of the complaint determined that Minot State did not take any steps to address the effects of the hostile environment to which the student reported she had been subjected. (link) Jul 05, 2016 former student of Jacksonville State University has filed a federal lawsuit against the university and others alleging discrimination while he was a member of the school's Marching Southerners band. Lawyers for Jalen Green, a student who withdrew from last December, filed the 38-page suit June 28 in U.S. District Court. It names as defendants the school, band director Kenneth Bodiford, vice president of student affairs Timothy King, an instructor and two students, along with any students to be named later. It alleges violations of the student's first and 14th amendment rights, saying Green was subjected to a \"racially hostile educational environment, 2/17/25, 1:47 Case In Point 5/9 disparate treatment, and \"threats of violence for speaking out against the discrimination.\" It seeks punitive and compensatory damages. (link) Jul 05, 2016: Kansas State University's policy not to investigate accusations of rape in off-campus fraternity houses is \"incorrect,\" according to federal government statements filed in court in support of two female students at the university. Their federal lawsuits, filed in Kansas in April, say the university violated Title IX, by failing to respond to their complaints of rape. Responding to the lawsuits, the university argued in court that the cases should be dismissed because it is not legally responsible for reports of student-on-student rape at \"off-campus\" fraternity houses or events. (link) Jul 05, 2016: The University of Tennessee has reached a financial settlement with a group of women who sued the school in federal court for the way it handled their allegations of sexual assaults by student-athletes. According to documents obtained by ESPN, the university will pay the eight women $2.48 million. On Feb. 9, a group of six unidentified women filed a federal civil lawsuit against Tennessee, alleging that the school violated Title regulations and created a \"hostile sexual environment\" through a policy of indifference toward assaults by student-athletes. (link) Jul 03, 2016: Already the efforts of this White House have dramatically transformed the way colleges and universities respond to allegations of sexual misconduct. The Education Department has 253 ongoing investigations at 198 postsecondary institutions into the handling of sexual violence. Hundreds of schools have taken steps to make it easier to report allegations and discipline offenders. Many schools have appointed a specific officer to receive complaints and have determined that a \"preponderance of evidence\" is enough to establish that misconduct occurred, a less rigorous evidentiary standard than the \"beyond a reasonable doubt\" that applies in most criminal cases. (link) Jul 01, 2016: At one university, a garbage can blocked access to the paper towels, a table was placed in front of the automatic door button, students in wheelchairs couldn't access the accessible sink in a science lab because of a trash can's placement, and staff sometimes plowed snow into disabled parking spaces or access lanes. These common oversights can occur even on campuses where leaders believe they have complied with the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. To avoid running afoul of the law, constant vigilance and ongoing review are essential because there are so many factors to consider -- from what the law covers to how to best put accommodations into practice. (link) Jun 30, 2016: The University of Washington says a microbiology professor faces possible discipline for violating sexual harassment policies. As detailed in a report on BuzzFeed this week, university investigations found Dr. Michael Katze demanded and received sexual favors from an employee in his lab. Investigators found that the woman, who had little prior job experience and performed little work in the office, was paid 12 percent more than the university's average for her position, and received gifts and vacations from the professor. (link) Campus Life & Safety Events Jul 25, 2016 father and son from Chicago face criminal charges after being accused of drugging and sexually assaulting a woman visiting Illinois State University. The alleged incident happened on Tuesday in a campus residence hall. Campus police said Shawn Childs Sr. volunteered to buy liquor for a group of students staying in the dorm during orientation for incoming students. The victim told police she saw Shawn Childs Sr. put a pill in her drink. Childs Sr. is charged with 2/17/25, 1:47 Case In Point 6/9 possession of a controlled substance with intent to deliver for allegedly putting ecstasy in the woman's soda. The victim said 19-year-old Shawn Childs Jr. raped her twice after his father drugged her. Childs Jr. is charged with four counts of criminal sexual assault. (link) Jul 13, 2016: The Auburn Police Department is urging players of the wildly popular mobile game Pok\u00e9mon Go be vigilant after a man was robbed while playing the game on Wednesday. According to police, the victim reported the robbery outside of a closed building in the 900 block of S. College Street at 3 a.m. on July 13. The victim told police that he was playing Pok\u00e9mon Go on his cell phone, which directed him to the building. While outside of the closed building, he was approached by four black males and robbed at gunpoint. (link) Jul 13, 2016: Three University of Maryland students were robbed at gunpoint while playing Pok\u00e9mon Go on the university's College Park campus, University of Maryland police say. Three separate robberies were reported Tuesday night between 10 p.m. and 11 p.m. outside Tydings, Tawes and Queen Anne's halls. Police say three of the victims were playing Pok\u00e9mon Go when they were robbed fourth victim was not playing the popular game, but had a phone in their hands. The suspect, who was wearing black clothing, showed a black handgun in two of the incidents and took the victims' cell phones. (link) Jul 12, 2016: The Pok\u00e9mon Go craze is believed to be at the root of an accident on the Texas campus. The popular app game uses the on your mobile device and places characters on your map that you can catch by going to different locations. Tuesday, Texas University Police tweeted that on Monday, an illegally-parked car was hit from behind, causing the second car's airbags to deploy. Police say the driver of the illegally-parked car had left it to catch a Pok\u00e9mon. (link) Jul 11, 2016: An African-American dishwasher lost his job after losing his cool and breaking a stained-glass panel in Yale's Calhoun residential college dining hall that depicted slaves carrying bales of cotton. City police arrested Corey Menafee, who now faces a felony charge. The university, meanwhile, has cut ties with him. Yale Vice President for Communications Eileen O'Connor: \"An incident occurred at Calhoun College, a residential college on the campus of Yale University, in which a stained glass window was broken by an employee of Yale, resulting in glass falling onto the street and onto a passerby, endangering [her] safety. The employee apologized for his actions and subsequently resigned from the University. The University will not advocate that the employee be prosecuted in connection with this incident and is not seeking restitution.\" (link) Jul 12, 2016: The University of Wisconsin at Madison got a call on Saturday saying a group of bicyclists on the campus had their heads buried in their smartphones, and were weaving in and out of traffic. The caller offered a theory: They were playing Pok\u00e9mon Go. Since late last week, officials at colleges across the country have noticed the swift adoption of the game, which players download onto their mobile phones. Students who might appear to be aimlessly wandering have actually been exploring their campuses, desperately looking for Pok\u00e9mon, as the characters in the game are known, and congregating around \"Pok\u00e9 Stops,\" where they reload on supplies such as \"Pok\u00e9 balls,\" an essential tool for catching \"Pok\u00e9mon.\" (link) Jul 07, 2016: At least two of Oregon's big public universities have found lead in campus water fixtures. Portland State University found elevated lead in faucets in an academic building, and Oregon State found it in a residence hall bathroom. Portland State officials say the fixtures at Cramer Hall have been fixed, turned off or posted with signs. Cramer is home to a number of social science departments such as anthropology, economics and history. It is among PSU's oldest buildings, having been built in 1955 as the original \"Portland College\" classroom facility, before the college was a full-fledged university released other sampling results showing lead levels below the federal safety threshold. (link) 2/17/25, 1:47 Case In Point 7/9 Jul 06, 2016: Three University of Texas at Austin professors sued their university and the state on Wednesday, claiming Texas' new campus carry law is forcing the school to impose \"overly- solicitous, dangerously-experimental gun policies\" that violate the First and Second Amendments. The professors -- Jennifer Lynn Glass, Lisa Moore and Mia Carter -- are asking a federal judge to grant an injunction that would block the law before it goes into effect on Aug. 1. In the suit, professors say they teach courses that touch emotional issues like gay rights and abortion. The possibility of guns on campus could stifle class discussion, which is a violation of the First Amendment, the suit says. (link) Jul 05, 2016: From censuring students to censoring professors, officials at the University of Northern Colorado have spent the past year regulating speech on their campus in a way First Amendment advocates say should raise serious questions. Two years ago administrators created the Bias Response Team with the stated intention of responding to complaints of bias-motivated behavior. During the 2015-16 academic year officials responded to dozens of complaints -- most generated by students -- regarding everything from professors' in-class assignments to students' strongly stated political opinions to cooking competitions that caused problems for students with eating disorders. (link) Jul 04, 2016: The body of a teenage Wisconsin student who went missing shortly after he arrived for an exchange program was found in the Tiber River on Monday. John Cabot University confirmed that the body was that of 19-year-old Beau Solomon, who was last seen by his friends in the early hours of Friday morning at a pub in Rome. Solomon had just completed his first year as a personal finance major at the University of Wisconsin-Madison. (link) Other News & Events Jul 08, 2016: Scandals can cost universities thousands of applicants, but exactly how many interested students a school loses may depend on how widely the incident is covered in the media, according to a new working paper from Harvard Business School. The analysis discovered that a school should prepare for a steep drop in applicants if it's involved in a scandal that ends up being detailed in a lengthy magazine article or covered by The New York Times. (link) Jul 02, 2016: One was about to enter business school. Another brought an international outlook to the halls of Berkeley. And the last, while being a U.S. citizen, claimed Dhaka as home. All three died in Dhaka during Friday's brutal terrorist attack at a popular restaurant in the Bangladeshi capital. Officials at the University of California at Berkeley and Emory University in Atlanta confirmed Saturday that they had lost students in the attack. Abinta Kabir and Faraaz Hossain were enrolled as undergraduates at Emory's Oxford College, and Tarishi Jain was studying economics at the San Francisco-area school. (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. 2/17/25, 1:47 Case In Point 8/9 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. 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. 2/17/25, 1:47 Case In Point 9/9", "7603_104.pdf": "by: Staff Posted: Mar 25, 2016 / 12:28 Updated: Mar 25, 2016 / 12:29 and TAMPA, FL) \u2013 Former Texas Tech Associate Professor Samuel Bradley was placed on administrative leave Wednesday from his current job as Visiting Assistant Professor at the University of South Florida said, \u201cThose steps were taken after became aware a report from Texas Tech University on Tuesday.\u201d The report accused Bradley of having sexual relationships with three Texas Tech students. \u201cThis information was not disclosed during the hiring process said. \u201cThere is no established timeline for this review to be completed.\u201d 32 Former Professor Accused of Improper Relationship 2/17/25, 1:47 Former Professor Accused of Improper Relationship 1/10 Bradley left Texas Tech in the spring of 2013 for the job at quoted College of Arts & Sciences Dean Eric Eisenberg as saying, \u201cNow that the university has this information, it will be carefully reviewed and an appropriate response will be determined. In the meantime, the employee has been placed on paid administrative leave.\u201d Texas Tech declined to comment. Article from EverythingLubbock.com Copyright 2025 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed Finally, a cordless vacuum that really works on pet / 3 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 > Cancel \u2715 Next story in > Cancel Next story in 2/17/25, 1:47 Former Professor Accused of Improper Relationship 2/10 Wayfair\u2019s spring cleaning storefront is filled with / 3 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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Here are 5 reasons \u2026 More Stories Trump administration tries to bring back fired nuclear \u2026 The 7 most memorable moments from the BAFTAs, from > Next > Next story in > Next story in 2/17/25, 1:47 Former Professor Accused of Improper Relationship 5/10 Barcelona Predicted Lineup vs. Rayo Vallecano: La \u2026 Sports Illustrated 2 hours ago Draymond Green Says Warriors Are \u2018Going to Win the \u2026 Sports Illustrated 3 hours ago Youth Movement: Meet the Six First-Time All-Stars Sports Illustrated 3 hours ago Women\u2019s College Hoops Top 16: Four Takeaways From \u2026 Sports Illustrated 3 hours ago View All Sports Illustrated, default_group - BigCountryHomepage.com Video > Next > Next story in > Next story in 2/17/25, 1:47 Former Professor Accused of Improper Relationship 6/10 More Videos Big Country Daily News Enter Your Email Crime Reports: Suspect accused of starting fire behind \u2026 Daily Crime Reports 4 days ago \u2022 Crime Reports: Abilene business reports man indecently \u2026 News 3 days ago > Next > Next story in > Next story in 2/17/25, 1:47 Former Professor Accused of Improper Relationship 7/10 News, weather and sports for Abilene and the Big Country View All Daily Crime Reports Crime Reports: Abilene mom says son assaulted her \u2026 Daily Crime Reports 5 days ago 10 Presidents Day small appliance deals you shouldn\u2019t \u2026 Holiday 4 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 Walmart\u2019s \u2018Flash Deals\u2019 are filled with hidden gems \u2026 Holiday 2 weeks ago View All BestReviews Picks \u2022 \u2022 \u2022 \u2022 \u2022 \u2022 Tweets by > Next > Next story in > Next story in 2/17/25, 1:47 Former Professor Accused of Improper Relationship 8/10 Meet the Team Local Events Interactive Radar: Winter weather moves through the Big Country Work With Us Mission Applications About Us Report Contact Us About Our Ads Public File Public File Nexstar Certification Get News App Stay Connected Privacy Policy 11/18/2024 Terms Of Use Applications Public File Assistance Contact The Hill NewsNation BestReviews > Next > Next story in > Next story in 2/17/25, 1:47 Former Professor Accused of Improper Relationship 9/10 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 2/17/25, 1:47 Former Professor Accused of Improper Relationship 10/10", "7603_105.pdf": "31\u00b0 Lubbock \uf0c9 Livestream News Video former Texas Tech University professor is now on paid administrative leave from the University of South Florida after they received reports that he engaged in intimate relationships with multiple students at Tech. Samuel Bradley, a visiting associate professor and interim director of the Zimmerman Advertising Program, was hired by in August of 2013 representative with tells us Bradley was placed on paid administrative leave on Wednesday, after they received a report from Texas Tech on Tuesday has obtained those documents, on the investigation into Bradley and his inappropriate relationships with at least four students at Tech. Bradley started working at Tech as an assistant professor in the School of Mass Communications in July 2006. According to the documents, Dr. Jerry Hudson, Dean of the School of Mass Communications, now Media and Communication, was advised in the fall semester of 2009, by an employee of the college that Bradley had been involved in an inappropriate and intimate relationship with a graduate student. The 87-page investigation states that Hudson spoke with Bradley about the relationship and Bradley admitted to being involved in inappropriate sexual text messaging, emails and even kissing the student. Though Bradley knew his behavior was wrong, he defended himself by saying the student initiated those forms of contact. Bradley ended the relationship with the graduate student at Hudson's request. Former professor suspended, accused of sexual relationships with students Published: Mar. 25, 2016 at 6:45 | Updated: Mar. 30, 2016 at 2:20 2/17/25, 1:47 Former professor suspended, accused of sexual relationships with students 1/7 However, their romance began again when the student was enrolled in his class. In the spring 2010 semester, the report states that the graduate student made a request to Hudson to not be enrolled in Bradley's class, but it was required for the student to graduate. The documents indicate that Bradley's wife was made aware of his inappropriate relationship and by the end of the spring 2010 semester, Bradley's wife sent text messages as proof to the graduate student's husband. According to the investigation, the graduate student involved, had an emotional breakdown and required hospitalization. After the student graduated in August of 2010, she reported Bradley's behavior to then, Provost Bob Smith's office. And, per the investigation, no action was taken, other than an inquiry to Hudson. Bradley was awarded tenure and promoted to associate professor and became the Chair of the Department of Advertising, following the allegations. Two years later, in the spring semester of 2012, Hudson was notified again, by another instructor, that Bradley was having an inappropriate relationship with an undergraduate student. Shortly after Bradley returned from a conference in Utah, Bradley's wife filed for divorce and he moved out. The investigation documents state that in April 2012, his wife found Bradley and the undergraduate student at his home drinking, late at night. Dean Hudson confronted Bradley with these new allegations and Bradley stated that the student was at his home working. Following this incident, in May 2012, Hudson asked Bradley to step down from his position as Chair of the Advertising Department. Then Bradley met with several College officials to discuss his behavior with students. The documents indicate that there were Facebook and Twitter posts related to his behavior, property damage, and threats of violence. In August 2012, Dean Hudson told Bradley that a formal investigation would take place, unless he resigned. Bradley repeatedly denied any relationships with students and according to the obtained documents, Bradley stated there were no university Operating Policies prohibiting any of the relationships he was involved in. On August 17, 2012, Bradley was placed on administrative leave by Interim President, Lawrence Schovanec and an investigation was initiated. Several lengthy interviews took place during the course of the investigation, involving 20 other witnesses. The investigation concluded on December 11, 2012. The investigation concluded that Bradley had engaged in inappropriate behavior with at least four students in his department. These relationships violated Texas Tech University Operating Policies, Regents' Rules and the Faculty-Student Conflict of Interest provision of the Faculty Handbook. We contacted Texas Tech University and they tell us Provost Smith wrote a letter dated January 16, 2013, to Interim President, Schovanec, notifying him of the seriousness of the allegations against Bradley, and the investigation findings. Tech also tell us, shortly after receiving this letter, Schovanec acknowledged receipt of it. The university tells us Bradley resigned before his tenure could be revoked. University of South Florida's College of Arts and Sciences Dean, Eric Eisenberg, released this statement to KCBD: \"We are very proud of the Zimmerman School of Advertising and Mass Communications and remain deeply committed to its students, vision and goals. We firmly believe in the school's future and moving forward we remain undeterred in our mission to make it one of the finest in the country. On Tuesday, March 22, 2016, we learned of information regarding a current employee of the school. This information was not disclosed during the hiring 2/17/25, 1:47 Former professor suspended, accused of sexual relationships with students 2/7 process, either by the employee or the employee's former employer. Now that the university has this information, it will be carefully reviewed and an appropriate response will be determined. In the meantime, the employee has been placed on paid administrative leave.\" We will continue to follow this story and bring you updates as we learn more WARNING: Some material contained in the following documents may not be suitable for some readers. 2/17/25, 1:47 Former professor suspended, accused of sexual relationships with students 3/7 Copyright 2016 KCBD. All rights reserved. 2/17/25, 1:47 Former professor suspended, accused of sexual relationships with students 4/7 Most Read 2/17/25, 1:47 Former professor suspended, accused of sexual relationships with students 5/7 \uf144 Juvenile in custody, 1 injured after shots fired at South Plains Mall \uf144 Deadly fire at University Club Apartments caused by \u2018improperly discarded cigarette\u2019 \uf144 Reward offered for information after deadly shooting in North Lubbock \uf144 Raising money for nonprofits at 73rd annual Lubbock Lions Club Pancake Festival \uf144 Affidavit: Patient seen with bloody mouth, fractured tooth after being struck by staff member First responders on scene of structure fire in Levelland \uf144 Lubbock Public Health Confirms Positive Case of Measles in Lubbock Resident 2/17/25, 1:47 Former professor suspended, accused of sexual relationships with students 6/7 Public Inspection File Report Applications kcbd-fccquestions@gray.tv - 806-744-1414 Closed Captioning/Audio Description Advertising Digital Marketing Terms of Service Privacy Policy Customize At Gray, our journalists report, write, edit and produce the news content that informs the communities we serve. Click here to learn more about our approach to artificial intelligence Gray Local Media Station \u00a9 2002-2025 News Weather Sports About Us Contests Careers 9810 University Ave. Lubbock 79423 (806) 744-1414 2/17/25, 1:47 Former professor suspended, accused of sexual relationships with students 7/7", "7603_106.pdf": "(HTTPS://WWW.WISC.EDU) Posted on August 30, 2019 ( ( In March 2016, the University of South Florida (USF) received striking news current professor, Samuel Bradley, was under investigation for allegations of sexual misconduct with former students at the university where he had previously worked. Bradley had resigned during the investigation and failed to discover any of this information during the hiring process. When became aware of the allegations, which had been disclosed by news media, the university placed Bradley on administrative review and eventually terminated him. Around the same time experienced another similar situation. One of their professors, Marc Santos, was under investigation after a student filed a sexual harassment complaint alleging retaliation and stalking after a sexual relationship with the married professor soured. While the investigation was ongoing, Santos left and accepted a position at the University of Northern Colorado (UNC) in June 2016. Given the recent experience with Bradley, one might infer would be forthcoming regarding Santos\u2019s open investigation. However did not disclose this information, reasoning \u201c[i]t would be the responsibility of the prospective employer seeking to hire a candidate to request this information,\u201d and never asked specifically about such behavior. Interestingly, another university had posed targeted questions about Santos to and faculty informed the university of the pending investigation, leading the university to stop its pursuit of Santos as a candidate. USF\u2019s actions seem inconsistent given it reshaped its own policies to mandate improved reference checks as a condition of employment after its failure to follow consistent hiring practices resulted in the Bradley incident. Should there be a duty to provide readily available information relevant to sexual misconduct? Should UNC\u2019s failure to ask about sexual misconduct investigations prohibit it from receiving highly relevant information, particularly in an era of heightened Title and #MeToo concerns? Search Stategraft: Facilitating Predatory Takings by Eminent Domain ( -facilitating-predatory-takings-by- eminent-domain/) Volume 2024, No. 6 ( 2024-no-6/) Volume 2024, No. 5 ( 2024-no-5/) Court Reform for Progressives Primer on Constitutional Considerations ( reform-for-progressives-a-primer- on-constitutional-considerations/) Volume 2024, No. 4 ( 2024-no-4/) February 2025 ( ) ( Wisconsin Law Review ( Search About ( Print ( Forward ( -forward/) Submissions ( (https Sexual Misconduct, Employment References, and Hiring in Higher Education: Is it Time for the Duty of Care to Evolve? By Neal Schlavensky 1 2 3 4 5 6 7 8 9 10 Search Posts Recent Posts Recent Comments Archives (HTTPS://LAW.WISC.EDU) Currently, universities and other employers have limited duties to disclose negative information regarding a current or former employee to prospective employers, but are those duties being reshaped? Sexual misconduct has been forced into the spotlight in the #MeToo era. This attention has redefined employment law in many respects, but more comprehensive duties to disclose have yet to emerge. Without a legal mandate, in 2018, the University of Wisconsin System (UW) drafted policies requiring campuses to ask about and share information with other campuses regarding incidents of sexual misconduct during the hiring process. As part of this policy initiative, outside employers are proactively informed that sexual misconduct information can be obtained from human resource offices, if such information exists. Given the emergence of new sexual misconduct policies like UW\u2019s\u2014and with how readily available information is today\u2014it is hard to imagine that the duty to disclose will not evolve. Part of this paper examines social landscapes impacting the reference check context. Parts and analyze the legal framework surrounding reference checks and how the System policy expands upon employers\u2019 duties. Finally, the paper concludes with a call to action for other universities to implement similar policies in the spirit of ending practices that result in \u201cpassing the harasser Coined in 2006 by Tarana Burke to support young women of color who had survived sexual violence, \u201cMe Too\u201d has grown in public prominence since late 2017 when the New York Times exposed accusations of sexual assault against media mogul Harvey Weinstein. Days later, actress Alyssa Milano, unfamiliar with the roots of the phrase, requested her Twitter followers to reply with \u201cme too\u201d if they had experienced sexual misconduct. #MeToo instantly went viral, reaching eighty-five countries and being used in over 1.7 million tweets within a month and included in over nineteen million tweets within a year. This global #MeToo discussion has shown how sexual misconduct permeates every faction of society. Whether within Hollywood, athletics, medicine, academia, politics, or just an average neighborhood, victims are bringing their accounts of sexual misconduct out of the shadows and into the public eye. Higher education has failed to evade this pandemic. Despite a high prevalence of sexual misconduct within higher education, universities\u2014like other employers\u2014have yet to meaningfully change hiring policies to combat the issue. Instead, employers continue to maintain reference check policies that limit the information disclosed to the bare minimums. Bucking this trend, the System implemented new reference check policies that could be used as a national model for other employers looking to reduce opportunities for harassers to slip under the radar. These policies are essential. A. Sexual Misconduct in Higher Education Data collection regarding sexual misconduct on college campuses faces significant limitations. Most acts of sexual misconduct go unreported. In fact, data suggests less than 10% of incidents on campuses are reported. Despite such difficulties, many studies have illustrated that, going back well over a decade, sexual misconduct has been commonplace within campus life. For instance, a 2005 study found that almost two-thirds of college students experience some degree of sexual harassment, with over half of college students having been the target of unwanted sexual comments, jokes, gestures, or looks. In regards to sexual violence, a 2007 study reported nineteen percent of women and six percent of men respondents were victims of attempted or completed sexual assault while attending college. December 2024 ( November 2024 ( September 2024 ( ) June 2024 ( ) May 2024 ( ) April 2024 ( ) February 2024 ( ) December 2023 ( November 2023 ( May 2023 ( ) April 2023 ( ) March 2023 ( ) January 2023 ( ) November 2022 ( September 2022 ( ) July 2022 ( ) May 2022 ( ) April 2022 ( ) March 2022 ( ) December 2021 ( 11 12 13 14 15 16 17 18 19 20 21 22 23 In 2018, The National Academies of Sciences, Engineering, and Medicine released a report detailing the \u201cinfluence of sexual harassment in academia on the career advancement of women in the scientific, technical, and medical workforce.\u201d According to the report, \u201c[i]n 2017 alone, there were more than 97 allegations of sexual harassment [against faculty members] at institutions of higher education covered in the media.\u201d Moreover, surveys conducted by the University of Texas and Pennsylvania State University Systems discovered twenty to fifty percent of female students in science, engineering, and medical based programs experienced sexual harassment from university faculty and staff. Students are not the only individuals experiencing high rates of victimization on campuses. The report highlights that \u201cthe academic workplace (i.e., employees of academic institutions) has the second highest rate of sexual harassment at 58 percent . . . when comparing it with military, private sector, and the government.\u201d Other reports reveal the problem of serial sexual harassment by faculty members. One study, reviewing 300 cases of faculty sexual harassment, found more than half (fifty-three percent) involved a pattern of serial behavior with multiple victims. To make matters worse, the alleged sexual misconduct was purely verbal in only fourteen percent of cases, while fifty-three percent involved allegations of various degrees of unwanted sexual touching. The National Academies report acknowledged similar findings that \u201crespondents and other colleagues often clearly knew which individual had a history of sexually harassing behavior\u201d resulting in campuses being \u201creplete with cases where offenders are an \u2018open secret\u2019 but are not sanctioned\u201d as the repeated misconduct has become normalized. B. No Comment Policies and the System Response Although full and unfettered references was once a routine expectation, employers began to step away from such practices in the 1980s. At that time, concerns over liability resulted in employers shifting to formal \u201cno comment\u201d policies which limited references to merely confirming dates of employment, job duties, and salary history. As discussed in the next section, much of this liability concern is misplaced. The System has taken steps to do the opposite. In 2018, the system drafted comprehensive hiring and reference check policies that explicitly address sexual misconduct. First, every final candidate must be asked prior to hire whether they were ever found to have engaged in, are currently being investigated for, or left a position during an investigation into accusations of sexual misconduct. Second, similar questions must be asked to the final candidate\u2019s most recent employer and all previous System institutions or state agencies in which the candidate was employed within the past seven years. The idea is to ask very direct questions that will illicit relevant sexual misconduct information about candidates. The new policies also expand the information an employing institution must disclose to a hiring employer. For instance, \u201c[w]hen a supervisor or agent of management is contacted by a potential employer for a reference check of a current or former employee, the supervisor or agent must notify the potential employer, even if they do not ask, of the appropriate System institution contact for any questions related to employee misconduct.\u201d The designated institutional contact\u2014generally a trained human resources officer\u2014must then disclose any sexual misconduct. Additionally, the employee\u2019s personnel file must be shared with another System institution or state agency upon hire. Because personnel file policies were also updated to guarantee consistent documentation of findings of sexual misconduct, such transfer acts as another check in the process for the receiving institution. November 2021 ( October 2021 ( August 2021 ( ) July 2021 ( June 2021 ( ) April 2021 ( ) January 2021 ( November 2020 ( October 2020 ( ) July 2020 ( ) February 2020 ( ) November 2019 ( October 2019 ( August 2019 ( ) June 2019 ( ) November 2018 ( October 2018 ( May 2018 ( ) April 2018 ( ) March 2018 ( ) January 2018 ( 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 The System hopes to be \u201cleading the charge\u201d on the issue. These disclosures go well beyond the simple confirmations associated with no comment policies and signal a strong commitment to combating sexual misconduct. In this vein, the policy can be used as a model for other institutions, some of which have already expressed interest in adopting Wisconsin\u2019s policy changes The reference check legal framework is characterized by a two-sided battle over negative employment information. On one side of this \u201ctug-of-war\u201d for employment information resides the current employer, nervous to disclose such information for fear of a potential defamation lawsuit brought by a disgruntled former employee. However, balancing this pull is a conflicting desire to have full and accurate information to prevent negligent hiring decisions. The following section discusses competing sources of liability facing employers as they decide whether to provide an employment reference. A. Defamation Exposure to a defamation lawsuit by a former employee upset with negative information shared with a prospective employer remains a key concern for many employers. In fact, it is believed some highly publicized and costly defamation lawsuits spurred the movement towards no comment policies in the 1980s. However, the attention to defamation liability in the reference check context is quite overblown. The common law tort of defamation consists of four elements. To create liability for defamation there must be: (1) a false and defamatory statement concerning another; (2) an unprivileged publication to a third party; (3) fault amounting at least to negligence on the part of the publisher; and (4) either actionability of the statement irrespective of special harm or the existence of special harm caused by the publication statement is defamatory if it \u201charm[s] the reputation of another as to lower him in the estimation of the community or to deter third persons from associating or dealing with him.\u201d Employers have multiple defenses available to counter defamation lawsuits brought against them. Truth and consent are two absolute defenses to such a lawsuit. If a defendant can prove that a negative statement was in fact true, then the defendant has overcome the presumption that all defamatory statements are untrue and is protected. Likewise, \u201cthe consent of another to the publication of defamatory matter concerning him is a complete defense to his action for defamation.\u201d Employers may also be protected by a qualified privilege. Such protection generally comes from state employment reference immunity statutes. For example, Wisconsin law provides that when a current employer provides a reference to a prospective employer, the current employer is \u201cpresumed to be acting in good faith and, unless lack of good faith is shown by clear and convincing evidence, is immune from all civil liability that may result from providing that reference.\u201d The presumption of good faith can be rebutted by showing that the employer \u201cknowingly provided false information\u201d or \u201cmade the reference maliciously.\u201d Like Wisconsin, most states have such immunity statutes to encourage employers to provide relevant information during reference checks. Although some immunity statutes authorize the conditional disclosure of information regarding reasons for termination, eligibility for rehire, and even disciplinary actions, until recently, no state statute explicitly protected the disclosure of sexual misconduct information to a prospective employer. In 2018, California passed Assembly Bill 2770 broadening the scope of a \u201cprivileged publication or broadcast\u201d to include an employer\u2019s response within a reference check as to November 2017 ( October 2017 ( September 2017 ( August 2017 ( ) May 2017 ( April 2017 ( ) March 2017 ( January 2017 ( December 2016 ( November 2016 ( October 2016 ( September 2016 ( ) June 2016 ( ) May 2016 ( ) April 2016 ( ) March 2016 ( ) February 2016 ( ) December 2015 ( November 2015 ( May 2015 ( ) March 2015 ( ) 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 \u201cwhether the employer would rehire a current or former employee and whether or not a decision to not rehire is based on the employer\u2019s determination that the former employee engaged in sexual harassment.\u201d These protections should lead to more complete information for prospective employers in states where they exist. B. Negligence in the Hiring Process Employers can experience potential liability beyond defamation lawsuits following the disclosure of negative information. An employer must be sure to not act negligently in the hiring process. Generally speaking, negligent conduct that gives rise to common law tort liability consists of four traditional elements: (1) a legally imposed duty to conform to a certain standard of conduct; (2) a breach of that duty; (3) a causal connection between the conduct and resulting harm; and (4) actual loss, harm, or damage. Within the reference check context, liability for negligence may take the form of negligent referral and negligent hiring. 1 Under common law tort principles, an individual generally has no affirmative duty to warn another individual of potential injury by a third party. This principle extends into the hiring process, as employers owe no duty to provide a reference\u2014whether positive or negative. If the employer choses to supply any kind of reference, the information must be accurate and cannot misleadingly omit important negative information known by the employer. An individual owes a duty to act on behalf of another, however, if a special relationship exists between the parties. Tarasoff v. Regents of the University of California exhibits an affirmative duty to warn based on a special relationship. In Tarasoff, a college student was murdered after a patient told the university psychologist about his desire to kill the student. The court determined that the psychologist\u2019s relationship to either the patient or the intended victim was sufficient to require action to warn, despite the general common law rule against such a duty. Cases have also addressed a duty to warn specifically within the employment reference context. For example, in Cohen v. Wales, a school board positively recommended a former employee looking to become a teacher at a new school district and failed to disclose a previous charge of sexual misconduct. Eleven years later, the teacher sexually assaulted another student at that school district. The court held that, absent a special relationship, the school board owed no duty to warn the other school district about the previous sexual misconduct during the reference check. However, in Randi W. v. Muroc Joint Unified School District, a case decided a decade later, the court came to a different result despite a very similar fact pattern. In Randi W., a school official was hired after receiving positive recommendations by former school districts despite previous incidents of sexual harassment. The official then sexually assaulted a student at the new district. In this case, the court held that an employer providing a reference for a former employee owes a duty to others to not misrepresent the facts in describing the qualifications and character of such employee if those misrepresentations would create a substantial and foreseeable risk of physical injury to third persons. Overall, such cases \u201care fact-specific and draw very narrow lines.\u201d 2 Although the flow of information during the hiring process may be constrained by no comment policies, an employer has a legal duty to conduct an appropriate investigation into a prospective employee. Overall, this duty is one of reasonable care within the hiring February 2015 ( December 2014 ( November 2014 ( August 2014 ( ) July 2014 ( April 2014 ( ) January 2014 ( December 2013 ( November 2013 ( July 2013 ( June 2013 ( ) May 2013 ( ) April 2013 ( ) February 2013 ( ) November 2012 ( July 2012 ( March 2012 ( ) February 2012 ( January 2012 ( December 2011 ( September 2011 ( July 2011 ( 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 process. An employer breaches this duty when it has notice that hiring a particular employee creates a risk of danger to third parties but hires that individual anyways. In such cases, an important point of analysis is determining how much care is reasonable. Courts have held that the nature of the hired employee\u2019s prior conduct, the type of job functions to be conducted, and who the employee will interact with are all important factors to weigh in determining whether an investigation was appropriate in a given circumstance. Thus, in some circumstances, a heightened risk of harm can increase the degree of reasonable care required to avoid a negligent hiring claim. However, such a heightened duty has not always been present in cases involving sexual misconduct by a teacher against a student In light of the #MeToo movement, a reasonable question exists regarding the extent of the duty of care imputed to employers. Stated differently, now that employers know that sexual misconduct is far more rampant than previously understood, can the duty of care related to reference checks remain unchanged? Already, the #MeToo movement has \u201cforever changed the ground rules for employers\u201d as employers and legislatures have been forced to review policies regarding sexual misconduct. Reference check policies, however, have largely remained unchanged. Although the California immunity statute is a move in the right direction, commentators suggest the privilege remains limited and continue to advocate for no comment policies to fully avoid liability. In the interest of improving overall employee safety, the policy described above can serve as an important first step in expanding the standards of care as they relate to sexual misconduct information within employment reference checks. Such changes are much needed in higher education, where sexual misconduct has become normalized and expected. The policy could be the much- needed catalyst in changing this culture and encouraging universities to take more responsibility for their hiring decisions. A. Addressing Defamation Concerns The University of Wisconsin System was not deterred by potential defamation liability when it enacted its new system-wide policies. In fact, the working group tasked with updating the policies \u201cfound little evidence of successful defamation claims where the disclosed misconduct findings were based on sound investigations.\u201d Overall, the worry appears more myth than reality. Regardless, as a matter of public policy, the avoidance of (likely unsuccessful) defamation lawsuits is not an acceptable reason to withhold relevant sexual misconduct information which could prevent an innocent person from being harassed or assaulted. Given that defamation liability is a prevalent concern, it is notable that the policy was drafted to take advantage of the defenses available. First, the policy mandates only the disclosure of actual findings of sexual misconduct or of the fact that an individual left during an active investigation. The disclosures do not include unsubstantiated allegations which could be construed as false or malicious and thus not protected under Wisconsin\u2019s immunity statute. Second, all prospective employees are informed that satisfactory reference checks, including questions regarding sexual misconduct, are preconditions to hire. Thus, if a prospective employee continues with the hiring process, an argument could be made that they consent to such disclosures. By taking advantage of the defenses available, the policy opens the flow of relevant sexual misconduct information without increasing the threat of liability in a litigious world dominated by no comment policies. December 2010 ( January 2001 ( 2007 ( print/2007/) 2008 ( print/2008/) 2009 ( print/2009/) 2010 ( print/2010/) 2011 ( print/2011/) 2012 ( print/2012/) 2013 ( print/2013/) 2013 ( online/2013-online/) 2014 ( online/2014-online/) 2014 ( print/2014/) 2015 ( online/2015-online/) 2015 ( print/2015/) 2016 ( print/2016/) 2016 ( online/2016-online/) 2017 ( online/2017-online/) 81 82 83 84 85 86 87 88 89 90 91 92 93 94 Categories B. Expanding the Duty to Warn As previously mentioned, an individual is not bound to warn another about potential injury caused by a third party\u2014even if they know of such risk\u2014absent a special relationship between the parties. As of yet, a special relationship has not been established between the parties within the employment reference context. Despite many academics calling for such a duty to be created, \u201ccourts are reluctant to impose affirmative duties, and job disclosure cases remain faithful to this pattern.\u201d Although courts may be reluctant, other actors may impose a higher standard of care within their own practices System has raised the bar with their policy changes. Now, all institutions, when contacted by a prospective employer, must notify them of the appropriate contact who can disclose information regarding an employee\u2019s sexual misconduct. This means the university will not be forced to struggle with determining which information to disclose; the policies clearly mandate only the disclosure of \u201cwhether the employee has ever been found to have engaged in, is currently under investigation for, or left during an active investigation in which they were accused of sexual violence or sexual harassment.\u201d With this clarity institutions will not need to fear the daunting task of determining whether an employee exhibits a foreseeable risk of harm because a clear, consistent standard has been set. The policy increases the System\u2019s responsibility to warn prospective employers during reference checks in other ways. Although courts have declined to extend negligent reference liability beyond actual physical harm System universities must now disclose not only findings of sexual violence, but also prior findings of sexual harassment which may or may not include a physical harm component. In this way, the policy properly identifies the seriousness of sexual harassment by university faculty and staff and ensures future employers are aware of the misconduct, even if there is not a foreseeable threat of \u201cphysical\u201d harm. The policy also mandates that universities inform requesting employers about sexual misconduct information \u201ceven if they do not ask\u201d specifically about it during a reference check. C. Heightening the Standard of Care The System policy could have implications for the duty of reasonable care in the hiring process associated with negligent hiring claims key question in such claims is what constitutes \u201creasonable\u201d care. The System policy pushes this standard far beyond current requirements, given the current \u201cno comment\u201d backdrop under which most employers operate. According to the policy, all system institutions must conduct adequate investigations into previous sexual misconduct of a final candidate by asking the candidate directly and performing satisfactory reference checks. The policy recognizes institutions of higher education are uniquely exposed to the dangers encountered through the failure to conduct adequate employee investigations. In fact, the National Academy of Sciences, Engineering, and Medicine report found that these three academic fields\u2014science, engineering, and medicine\u2014exhibit four characteristics that increase the potential for sexual harassment: (1) male-dominated environments, (2) organizational tolerance for sexually harassing behavior, (3) hierarchical and dependent relationships between faculty and others, and (4) isolating environments. As discussed above, these conditions have resulted in strikingly high rates of sexual harassment and violence for students while on campus, with many faculty perpetrators being repeat offenders. Given this backdrop, the policy adequately adjusts the level of appropriate investigation needed for institutions of higher education to prevent passing a known harasser from one campus to the next. Thus, not only is it reasonable to conduct investigations in such a manner, it is unreasonable for a university to continue policies that do not more directly 2017 ( print/2017/) 2018 ( online/2018-online/) 2018 ( print/2018/) 2019 ( print/2019/) 2019 ( online/2019-online/) 2020 ( online/2020-online/) 2020 ( print/2020/) 2021 ( online/2021/) 2021 ( print/2021-print/) 2022 ( online/2022/) 2022 ( print/2022-print/) 2023 ( online/2023/) 2023 ( print/2023-print/) 2024 ( online/2024/) 2024 ( print/2024-print/) 2025 ( print/2025/) Online ( online/) Print ( print/) 95 96 97 98 99 100 101 102 103 104 105 106 107 screen for prior sexual misconduct. In regards to the new policy, University of Wisconsin Board Vice President Drew Petersen stated, \u201cThe board has a paramount responsibility to ensure the safety of our students and our employees at every institution.\u201d Like the System, other institutions should request more out of their hiring practices concerning sexual misconduct to highlight this goal The National Academy of Sciences report states: [T]he most potent predictor of sexual harassment is organizational climate\u2014the degree to which those in the organization perceive that sexual harassment is or is not tolerated. This means that institutions can take concrete steps to reduce sexual harassment by making systemwide changes that demonstrate how seriously they take this issue and that reflect that they are listening to those who courageously speak up to report their sexual harassment experiences. The University of Wisconsin System has already taken concrete steps by instituting its new system-wide reference check procedures to eliminate sexual harassers freely moving from one campus to another. Other institutions and systems would be wise to follow suit to further demonstrate the importance of changing the sexual misconduct culture associated with higher education. In the end, the policy should spur a change in the standards of care owed by employers by providing more information during reference checks than what is currently disclosed under widely used no comment policies. Footnotes Liz Farmer, Former Texas Tech Professor Had Intimate Relations with Students, Report Says (Mar. 2016), had-intimate-relations-with-students-report-says [ For purposes of this paper, sexual misconduct refers to sexual harassment and sexual violence. Id. Id. Id.; Anastasia Dawson Fires Top Administrator Who Was Hired Despite Serious Lapses at Previous Job (July 1, 2016), was-hired-despite-serious-lapses-at/2283758 [ Tyler Silvy, Incoming University of Northern Colorado Professor Left Former Job Amid Sexual Harassment Investigation TRIB. (July 12, 2016), colorado-professor-left-former-job-amid-sexual-harassment-investigation/ [ Id. Id. Id. Policy 0-616, Emp\u2019t References \u2013 Providing and Obtaining Emp\u2019t References Info., Univ. of S. Fla. Sys. (Mar. 9, 2017), procedures/pdfs/policy-archive-0-616-030917.pdf [ Symposium ( symposium/) Uncategorized ( uncategorized Updates ( updates/) Log in ( login.php?action=shibboleth) Entries feed ( Comments feed ( s/feed/) WordPress.org ( 108 109 1 2 3 4 5 6 7 8 9 10 Meta See, e.g., Zuni Corkerton, #MeToo Has Forever Changed the Ground Rules for Employers (May 31, 2018, 6:00 AM), changed-the-ground-rules-for.html [ Heather LaRoi System to Recommend More Robust Hiring, Reference Check Policies WIS. SYS. (Aug. 21, 2018), hiring-reference-check-policies/ [ Id. Christen A. Johnson Hawbaker, #MeToo Timeline of Events, CHI. TRIB. (Mar. 7, 2019, 2:10 PM), timeline-20171208-htmlstory.html [ Id. Andrea Park, #MeToo Reaches 85 Countries with 1.7M Tweets (Oct. 24, 2017, 12:43 PM), 1-7-million-tweets/ [ Monica Anderson & Skye Toor, How Social Media Users Have Discussed Sexual Harassment Since #MeToo Went Viral RES. CTR. (Oct. 11, 2018), discussed-sexual-harassment-since-metoo-went-viral/ [ U2K5]. See LaRoi, supra note 12 2 (2000). See id. at 23 4 (2005). Id. at 14 (CSA) STUDY, 5-1, 5-5 (2007 17 (Paula A. Johnson et al. eds., 2018) [hereinafter Report]. Id. at 14. Id. at 59\u201360. Variation in rates depended on major and level of education. Id. at 1\u20132. The military was the highest at sixty-nine percent. Id. Nancy Chi Cantalupo & William C. Kidder Systematic Look at a Serial Problem: Sexual Harassment of Students by University Faculty, 2018 L. REV. 671, 743\u2013 44. Id. at 742 Report, supra note 24, at 52. Markita D. Cooper, Beyond Name, Rank, and Serial Number: \u201cNo Comment\u201d Job Reference Policies, Violent Employees and the Need for Disclosure-Shield Legislation, 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 & L. 287, 292\u201393 (1998). Id. at 293. Id. at 3 Operational Policy: TC1, Recruitment Policy, Univ. of Wis. Sys. 3 (Jan 1, 2019), Recruitment_FNL.pdf [ [hereinafter TC1]. Id. at 3. Id. at 4. Id. at 4, 12. Such disclosures do not encapsulate unsubstantiated allegations. See id. Id. See Operational Policy: HR13, Personnel Files, Univ. of Wis. Sys. (Jan. 1, 2019)), Personnel-Files_FNL.pdf [ Colleen Flaherty of Wisconsin System Proceeds with Plan to Disclose Misconduct Findings Against Employees to Their New Employers ED, (Sept. 25, 2018, 3:00 AM), system-proceeds-plan-disclose-misconduct-findings-against-employees [ did not find any similar university policy after conducting a nationwide assessment during the policy drafting stages. See Kelly Meyerhofer Schools to Share Personnel Files With Each Other, State Agencies as Soon as January 2019, WIS. ST. J. (Aug. 22, 2018), personnel-files-with-each-other-state/article_f06ff37b-06c5-5dc2-a911- 26e3ed2f6987.html [ (\u201cEmployees from UW-Eau Claire, UW-Oshkosh, UW-Milwaukee, UW-Madison, and System administration formed a work group to write the new policy. The group surveyed personnel file and reference check policies at 37 institutions and found few existing documented polices to serve as a model.\u201d). See id. Id. See Jennifer L. Aaron, The Tug-of-War With Employment Information: Does Louisiana Revised Statutes 23:291 Really Help Employers Stay Out of the Mud?, 58 LA. L. REV. 1131, 1131 (1998). Id. Alex B. Long, The Forgotten Role of Consent in Defamation and Employment Reference Cases, 66 FLA. L. REV. 719, 719, 721 (2015). Cooper, supra note 31, at 293 \u00a7 558 (Am. Law Inst. 1977 \u00a7 559 (Am. Law Inst. 1977). John W. Belknap, Defamation, Negligent Referral, and the World of Employment References, 5 BUS. L. 113, 118 (2001); Restatement (Second) of Torts \u00a7 583 (1977). Belknap, supra note 49, at 118. 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 \u00a7 583 (Am. Law Inst. 1977). For more information on consent in the defamation context, see Long, supra note 43. Long, supra note 45, at 725. Id. WIS. STAT. \u00a7 895.487(2) (2019). Id. Barbara Kate Repa, State Laws on References and Statements by Former Employers (Apr. 19, 2019), books/employee-rights-book/chapter9-6.html [ See id. Assem. Bill 2770, 2017\u20132018, Reg. Sess. (Cal. 2018). Frank J. Cavico et al., The Tort of Negligence in Employment Hiring, Supervision and Retention, 1 205, 205\u201306 (2016). Id. Id. See infra Section II.B.1, II.B.2 \u00a7 315 (Am. Law Inst. 1965). See Randi W. v. Muroc Joint Unified Sch. Dist., 929 P.2d 582, 589 (Cal. 1997) (validating no comment policies). See \u00a7 311 (Am. Law Inst. 1965); Jane Doe v. McLean Cty. Unit Dist. No. 5 Bd. of Drs., 2012 112479, \u00b6 35, 973 N.E.2d 880, 891\u2013 92 (Ill. S.Ct. 2012 \u00a7 315(b) (Am. Law Inst. 1965). 551 P.2d 334 (Cal. 1976). Id. at 339\u201340. Id. at 343. 518 N.Y.S.2d 633 (N.Y. App. Div. 1987). Id. at 633. Id. at 633\u201334. Id. at 634. 929 P.2d 582 (Cal. 1997). Id. at 584. Id. at 584\u201386. Id. at 585. Id. at 591. Belknap, supra note 49, at 122. Cavico, supra note 59, at 208. Id. Id. 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 Id. Id. See Bell v. Harge, 81 F. App\u2019x. 943, 945 (9th Cir. 2003) (finding a school district did not violate ordinary care in conducting investigation into a substitute teacher who sexually touched a student, when district did nothing more than rely upon a criminal history check that failed to reveal a prior out-of-state sexual misconduct incident). Corkerton, supra note 11. See, e.g., Rebecca Beitsch, The Me Too Movement Has Changed Our Culture. Now It\u2019s Changing Our Laws (July, 31, 2018, 2:26 PM), our_b_5b60a511e4b0eb29100e5998 [ (discussing limiting nondisclosure agreements, improving rape kit testing, and expanding statute of limitations for sex crimes). See, e.g., Joseph B. Farrell et al., California Adopts Bills Addressing Sexual Harassment Disclosures in Job References and Paid Family Leave (July 17, 2018), sexual-harassment-disclosures-job-references-paid-family-leave [ See supra Section I.A. and accompanying discussion. Flaherty, supra note 40. Id. TC1, supra note 34, at 4. WIS. STAT. \u00a7 895.487(2) (2019). TC1, supra note 34, at 8, 12. See supra notes 66\u201369 and accompanying text. Cooper, supra note 31, at 320. See, e.g., Janet Swerdlow, Negligent Referral Potential Theory for Employer Liability, 64 S. CAL. L. REV. 1645, 1667 (1991); Susan Oliver, Opening the Channels of Communication Among Employers: Can Employers Discard Their \u201cNo Comment\u201d and Neutral Job Reference Policies, 33 U.L. REV. 687, 755 (1999); Belknap, supra note 49 at 131; Cooper, supra note 31 at 292. For arguments against the establishment of such a duty see John Ashby, Employment References: Should Employers Have an Affirmative Duty to Report Employee Misconduct to Inquiring Prospective Employers?, 46 L. REV. 117, 120 (2004). Cooper, supra note 31, at 320. TC1, supra note 34, at 4. Id. See, e.g., Richland School District v. Mabton School District, 45 P.3d 580, 587 (Wash. Ct. App. 2002). TC1, supra note 34, at 4. Id. Id. at 3. 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 For negative consequences regarding organizational tolerance see Colleen Flaherty, New Paper Says Slapping Faculty Harassers on the Wrists Compromises Comprehensive Prevention (Mar. 12, 2019, 3:00 AM), faculty-harassers-wrists-compromises-comprehensive [ B9X6 Report, supra note 24, at 65. See supra Section I.A. Samantha West Board of Regents Moves for a Review of Sexual Harassment Policies (June 7, 2018, 12:16 PM), moves-review-sexual-harassment-policies/682711002/ [ 3XKH Report, supra note 24, at x. Posted in 2019 ( Online ( \u00ab Closer To The People Is Better Response To Professor Miriam Seifter\u2019s Article Further From The People ( people-is-better-a-response-to-professor-miriam- seifters-article-further-from-the-people/) The Wisconsin Supreme Court Quietly Rewrote the Legal Standard Governing Stays Pending Appeal, Leaving Circuit Courts Effectively Powerless to Enjoin Unconstitutional Statutes By Jeffrey A. Mandell \u00bb ( Part of the Universities of Wisconsin ( Home ( Forward ( Print ( Submission Form ( Contact ( Mastheads ( Symposium ( About ( Wisconsin Law Review University of Wisconsin Law School 975 Bascom Mall Madison 53706 Email: wlreic@law.wisc.edu (mailto:wlreic@law.wisc.edu) 105 106 107 108 109 ( Website feedback, questions or accessibility issues: web@law.wisc.edu (mailto:web@law.wisc.edu) | Learn more about accessibility at UW\u2013Madison ( This site was built using the Theme ( | Privacy Notice ( | \u00a9 2025 Board of Regents of the University of Wisconsin System. ("} |
8,676 | John Caron | Michigan State University | [] | {} |
7,920 | Antonio Martin-Ledesma | Willamette University | [
"7920_101.pdf",
"7920_102.pdf"
] | {"7920_101.pdf": "Willamette instructor arrested on public indecency charge Laura Fosmire Statesman Journal Published 4:20 p.m Feb. 12, 2015 visiting professor from Spain who was teaching a course at Willamette University has been arrested by Salem police on charges of public indecency. He allegedly exposed himself in the school\u2019s library. Antonio Martin-Ledesma, 33, was reportedly observed by faculty and students \u201cexposing himself and touching his genitals in a sexual manner\u201d in the Willamette library, police said. Martin-Ledesma was arrested on Wednesday after the Salem Police Department spent several months investigating. He faces three counts of public indecency stemming from three separate incidents that occurred in November and December. Martin-Ledesma, who is originally from Seville, Spain, had been a visiting professor teaching Spanish at Willamette for the last year and a half, said Adam Torgerson, director of media relations for the university. He has been on leave and restricted from campus since mid-December can\u2019t speak to this particular incident, but whenever a student makes a complaint to us, we would facilitate whatever contact they want with the police department,\u201d Torgerson said. \u201cThat\u2019s something we offer with any kind of complaint.\u201d Torgerson also said the university has conducted a separate, internal investigation into the matter. That investigation is completed, but still within the window for an appeal, so Torgerson said he could not provide details. The criminal investigation conducted by Salem police is ongoing. Anyone with further information or who might have witnessed other incidents is asked to contact Det. Scotty Nowning at (503) 540-2346. 2/17/25, 1:47 Willamette instructor arrested on public indecency charge 1/2 lfosmire@StatesmanJournal.com, (503) 399-6709 or follow on Twitter at @fosmirel 2/17/25, 1:47 Willamette instructor arrested on public indecency charge 2/2", "7920_102.pdf": "Spanish teacher at Willamette University was arrested and charged with public indecency after accusations that he exposed himself in the campus library, Salem police said. Antonio Martin-Ledesma SALEM, Ore Spanish professor at Willamette University was arrested and charged with public indecency after he allegedly exposed himself in the campus library, Salem police said. Antonio Martin-Ledesma, 33, is from Seville, Spain. He has been teaching Spanish classes at Willamette University for two years, according to Lt. Dave Okada. \"The charges stem from three incidents during November and December of 2014 when Martin- Ledesma was observed by faculty and students exposing himself and touching his genitals in a sexual manner in the library on the Willamette campus,\" Okada said in a news release. Martin-Ledesma faces three counts of public indecency. Spanish professor accused of exposing self at Willamette University Author Staff Published: 9:56 February 13, 2015 Updated: 9:56 February 13, 2015 Southeast Portland game store hit again by thieves 2/17/25, 1:47 Spanish professor accused of exposing self at Willamette University | kgw.com 1/2 Anyone with more information about Martin-Ledesma was asked to call Detective Scotty Nowning at 503-540-2346 ARTICLE... 2/17/25, 1:47 Spanish professor accused of exposing self at Willamette University | kgw.com 2/2"} |
7,783 | Edmundo Bendezu-Aibar | University of Nebraska | [] | {} |
7,304 | Michael Gaylor | Dartmouth College | [
"7304_101.pdf",
"7304_102.pdf"
] | {"7304_101.pdf": "Support independent student journalism February 17, 2025 | Latest Issue News Former prof's license suspended By Elysa L. Jacobs Published June 23, 1997 The New Hampshire Board of Medicine last month suspended the medical license of Hanover psychiatrist and former Dartmouth Medical School professor Michael Gaylor for one year as a result of Gaylor's sexual involvement with a student. The Board concluded Gaylor had been involved in a sexual relationship with a female student at the medical school while he was a professor there. This was an unusual decision by the Board because it involved a professor-student relationship rather than a doctor-patient relationship. According to the report issued by the Board of Medicine, Gaylor \"engaged in professional misconduct between September 1984 and September 1991\" in his \uf0c9 \uf002 2/17/25, 1:48 Former prof's license suspended - The Dartmouth 1/5 roles as a psychiatrist and faculty advisor at the medical school. During his time as a professor at DMS, Gaylor also had an office at Dick's House and served as the Director of the Office of Counseling and Human Development, according to the report. The female medical student met with Gaylor four times during her first year at the medical school at his office in Dick's House, according to the report, in order to discuss \"stress management issues for personal, mental health reasons.\" Over the next three years, 1984 to 1986, the student met with Gaylor 22 times and discussed a variety of issues in sessions that \"went well beyond the scope of ordinary 'academic counseling,'\" the report stated. The Board of Medicine concluded that the content of those sessions involved \"substantial elements of 'psychological' or 'mental health' counseling that is typically used by licensed psychiatrists and thus put Gaylor and the student in the roles of physician and patient, according to the report. During the counseling sessions a \"dual relationship and eroticized transference issues\" developed and a sexual relationship between the two parties commenced approximately eight weeks after the last counseling session, the report stated. The sexual relationship between Gaylor and the student lasted from 1986 until 1991. 2/17/25, 1:48 Former prof's license suspended - The Dartmouth 2/5 Gaylor resigned from the medical school in 1994 and had a private practice in Hanover afterward. Gaylor's attorney declined to comment on the status of Gaylor's case. The female medical student's attorney was unavailable for comment on the ruling. Associate Director of Public Affairs Roland Adams said the College had no offical opinion on the ruling Review: Kendrick Lamar\u2019s halftime performance was always going to be \u2018bigger than the music\u2019 By Brendilou Armstrong | February 14, 2025 Taneja: The Dartmouth Admissions Essay Book Was a Bad Idea. Let\u2019s Not Repeat the Mistake. By Rohan Taneja | February 7, 2025 Underage alcohol charge against Alpha Phi sorority dropped By Annabelle Zhang | February 10, 2025 Class of 1989 raises $30 million for new residential building By Kelsey Wang | February 6, 2025 presses Beilock on campus immigration measures By Jackson Hyde | February 4, 2025 2/17/25, 1:48 Former prof's license suspended - The Dartmouth 3/5 America's oldest college newspaper. Founded 1799 Beilock News Opinion Sports Arts Mirror Data Cartoon Visual Essays Podcasts Donate History The Dartmouth on Friday In his latest cartoon, Connor Norris '25 casts a spell in his latest cartoon. 42-56fb-423a-b68e-48e01e\u2026 Like Comment Share The Dartmouth The Dartmouth 12,647 followers 12,647 followers Follow Page Share \uf111 \ue61b \uf111 \uf39e \uf111 \uf16d \uf111 \uf167 2/17/25, 1:48 Former prof's license suspended - The Dartmouth 4/5 Masthead Join Us Policies Advertise Contact Us Subscribe to our newsletter \uf061 \u00a9 2025 The Dartmouth, Inc. 6175 Robinson Hall Hanover 03755 Powered by Solutions by The State News 2/17/25, 1:48 Former prof's license suspended - The Dartmouth 5/5", "7304_102.pdf": "or Discover by subject area Michael S. Gaylor\u2019s research while affiliated with Dartmouth College and other places Search for research, journa Log in Join for free What is this page? This page lists works of an author who doesn't have a ResearchGate profile or hasn't added the works to their profile yet. It is automatically generated from public (personal) data to further our legitimate goal of comprehensive and accurate scientific recordkeeping. If you are this author and want this page removed, please let us know. Publications (5) Medical Withdrawals from College for Mental Health Reasons and Their Relation to Academic Performance Article April 1992 \u00b7 32 Reads \u00b7 55 Citations Journal of American College Health Philip W. Meilman \u00b7 Carla Manley \u00b7 Michael S. Gaylor \u00b7 John H. Turco collaborative study among the university health service, the dean's office, and the registrar's office examined the academic performance of 77 students who took medical withdrawals for mental health reasons from Dartmouth College during a 3-year period. In 71.4% of the cases, students withdrew from \u2026 Self-Induced Vomiting in College Women: Its Relation to Eating, Alcohol Use, and Greek Life Article August 1991 \u00b7 61 Reads \u00b7 18 Citations Read more 2/17/25, 1:48 Michael S. Gaylor's research works | Dartmouth College and other places 1/7 Journal of American College Health Philip W. Meilman \u00b7 Frank Arthur von Hippel \u00b7 Michael S. Gaylor Alcohol consumption by college undergraduates: Current use and 10-year trends Article October 1990 \u00b7 14 Reads \u00b7 79 Citations Journal of Studies on Alcohol Meilman Stone Gaylor Turco In a carefully executed study with a high response rate, a random sample of 10% of the undergraduate student body at a rural New England university was surveyed as to the subjects' use of alcohol in 1987. Over 87% of the surveyed students returned questionnaires. The results were compared to similar studi\u2026 Drug Use Among College Undergraduates: Current Use and 10-Year Trends Article October 1990 \u00b7 9 Reads \u00b7 28 Citations International Journal of the Addictions Philip W. Meilman \u00b7 Michael S. Gaylor \u00b7 John H. Turco \u00b7 Janet E. Stone random sample of 10% of the undergraduate student body at a rural New England university were surveyed as to their use of drugs in 1987. Over 87% of the surveyed students returned questionnaires. Results indicated that alcohol is clearly the \"drug of choice\" on the campus, and the second most used\u2026 Visits to the College Health Service for Alcohol-Related Injuries Article April 1989 \u00b7 12 Reads \u00b7 14 Citations Journal of American College Health Philip W. Meilman \u00b7 Norman N. Yanofsky \u00b7 Michael S. Gaylor \u00b7 John H. Turco Read more Read more 2/17/25, 1:48 Michael S. Gaylor's research works | Dartmouth College and other places 2/7 study of alcohol-related injuries presenting to the local emergency room and the campus health service indicated an annualized rate of 25.16 injuries per thousand students. Twenty-four percent of injuries presenting to the emergency room were assessed as alcohol-related; another 6% were listed as being\u2026 Read more Citations (5) Medical Withdrawals from College for Mental Health Reasons and Their Relation to Academic Performance Citing Article April 1992 Journal of American College Health Philip W. Meilman \u00b7 Carla Manley \u00b7 Michael S. Gaylor \u00b7 John H. Turco Self-Induced Vomiting in College Women: Its Relation to Eating, Alcohol Use, and Greek Life Citing Article August 1991 Journal of American College Health Philip W. Meilman \u00b7 Frank Arthur von Hippel \u00b7 Michael S. Gaylor ... Regarding the influence of psychological characteristics, emotional instability such as depression and anxiety has been shown to negatively affect students' adjustment to college life, which in turn may lead to their decision to drop out (E. Lee et al., 2020; Meilman et al., 1992; Napoli & Wortman, 1998). Depression in college students can lead to lowered academic ability and lower academic achievement, increasing the likelihood that they will be unable to adapt to school life (J. ... Reference: Why Do College Students in South Korea Drop Out and Stop Out? Impact of Personal Characteristics,\u2026 ... Restricting meals may save money, allowing for allocation of resources toward purchasing alcohol rather than food, which has been reported across gender [5,11 desire to compensate for the calories consumed in alcohol may also motivate purging, with 20-66% of undergraduate females reporting intentionally-induced vomiting (at least once) after drinking alcohol [12, 16] . Additionally, vomiting is associated with greater frequency of alcohol use and negative consequences associated with this increased consumption in undergraduate women [17,18]. ... Reference: Gender differences in relations between alcohol-related compensatory behavior and eating pathology 2/17/25, 1:48 Michael S. Gaylor's research works | Dartmouth College and other places 3/7 Drug Use Among College Undergraduates: Current Use and 10-Year Trends Citing Article October 1990 International Journal of the Addictions Philip W. Meilman \u00b7 Michael S. Gaylor \u00b7 John H. Turco \u00b7 Janet E. Stone Alcohol consumption by college undergraduates: Current use and 10-year trends Citing Article October 1990 Journal of Studies on Alcohol Meilman Stone Gaylor Turco Visits to the College Health Service for Alcohol-Related Injuries ... First, participants were offered an incentive to participate. Second, the instrument is short limiting the time demands and therefore encouraged a higher response rate (Meilman, Gaylor, Turco, & Stone, 1990) . ... Reference: Advertising Agencies' Requirements for Entry Level Employees. Distributed by the Social Science\u2026 ... Here, individual ARCs and a dichotomous variable for any past 14-day ARCs were outcomes. ARCs were chosen to include both more common ARCs (e.g., hangover, blackout and physical altercation/injury; Gmel, Kuntsche, Wicki, & Labhart, 2010; Meilman, Stone, Gaylor, & Turco, 1990 ) and those with major consequences (e.g., driving after binge use, riding with an impaired driver and experiencing sexual assault). ... Reference: Alcohol use and consequences in matriculating college students by prescription stimulant/opioid\u2026 ... Researchers have reported that approximately 63% of Western European university students and 70% of Eastern European university students categorized themselves as occasional and/or regular drinkers (Steptoe & Wardle 2001). Recent United States of America (USA) studies indicate the prevalence of binge drinking (drinking five or more alcoholic drinks in one sitting) to be between 37AE5% (Presley et al. 1995) and 44% (Wechsler et al. 1998) among college students, and many students report increased drinking while attending college (Meilman et al. 1989) . Binge drinking has also been associated with other negative health behaviours including smoking (Jones et al. 2001), risky sexual behaviour (Ichiyama & Kruse 1998) having multiple sexual partners (Wechsler et al. 1995), injuries, and inadequate seatbelt use (Everett et al. 1999). ... Reference: Predictors of Health Behaviors in College Students 2/17/25, 1:48 Michael S. Gaylor's research works | Dartmouth College and other places 4/7 Citing Article April 1989 Journal of American College Health Philip W. Meilman \u00b7 Norman N. Yanofsky \u00b7 Michael S. Gaylor \u00b7 John H. Turco Top co-authors Frank Arthur von Hippel University of Arizona Philip W. Meilman John H. Turco Carla Manley Janet E. Stone Norman N. Yanofsky Stone Top journals Journal of American College Health Published by Taylor & Francis Journal of Studies on Alcohol Published by Alcohol Research Documentation, Inc. International Journal of the Addictions Published by Taylor & Francis 2/17/25, 1:48 Michael S. Gaylor's research works | Dartmouth College and other places 5/7 Company About us Blog Careers Resources Help Center Contact us Business Solutions Marketing Solutions Scientific Recruitment Publisher Solutions Affiliations Dartmouth College University of California, Berkeley Publication stats Citations 194 Browse more researchers 2/17/25, 1:48 Michael S. Gaylor's research works | Dartmouth College and other places 6/7 Terms Privacy Copyright Imprint Consent preferences \u00a9 2008-2025 ResearchGate GmbH. All rights reserved. 2/17/25, 1:48 Michael S. Gaylor's research works | Dartmouth College and other places 7/7"} |
7,329 | Sombudha Adhikari | Fairleigh Dickinson University | [
"7329_101.pdf",
"7329_102.pdf",
"7329_103.pdf",
"7329_104.pdf"
] | {"7329_101.pdf": "While teaching at Fairleigh Dickinson University, professor Sombudha Adhikari reportedly groped a female student, prompting her to alert authorities. Adhikari was arrested and charged with fourth degree criminal sexual misconduct. An adjunct professor at Rutgers was previously arrested for sexual assault Rutgers University placed adjunct professor Sombudha Adhikari on administrative leave yesterday in light of a previous criminal sexual misconduct charge brought to attention 2/17/25, 1:48 An adjunct professor at Rutgers was previously arrested for sexual assault - The Daily Targum 1/10 by The Daily Targum. According to a June 2009 article from The Daily Record, police arrested the current Rutgers Business School lecturer in 2009 for inappropriately grabbing the breasts and inner thighs of one of his students at Fairleigh Dickinson University. At the time, he was teaching courses as a part-time lecturer at both schools. Adhikari pled guilty to the sexual misconduct charges in court, disclosing to the judge that he had \u201csought to gratify himself by letting his hand fall between the woman\u2019s thighs.\u201d The victim told police that the incident took place after an exam in a classroom on Fairleigh Dickinson\u2019s main campus, according to The Daily Record. Adhikari was released on a $5,000 bail and terminated from his position at Fairleigh Dickinson almost nine years ago, but Adhikari\u2019s employment status at Rutgers remained active. He teaches multiple sections in the business departments at both Rutgers\u2014 Newark and the University\u2019s flagship campus. Peter Englot, the senior vice chancellor for Public Affairs at Rutgers\u2014Newark, said the University renewed the professor\u2019s contract in 2015, though he was initially hired in 2008. Prior to his arrest Adhikari was listed in course rosters by his full name, \"Sombudha.\" He is now listed as \"Sam Adhikari\" on official course rosters at Rutgers, as well as Temple University and Montclair State University. Adhikari does not have an individual staff page or photo on the Rutgers website. The Daily Targum submitted a formal request for comment to Rutgers administrators and a University spokesperson notified the paper that the University had accounted for the new information and suspended Adhikari. \u201cMr. Adhikari was immediately placed on administrative leave when issues regarding his background were brought to the chancellor\u2019s attention,\u201d the spokesperson said. \u201cHe will remain on administrative leave until a comprehensive review of the circumstances surrounding his background has been completed.\u201d 2/17/25, 1:48 An adjunct professor at Rutgers was previously arrested for sexual assault - The Daily Targum 2/10 'Squid Game' season 2 remains thrilling, but cracks under pressure 2/17/25, 1:48 An adjunct professor at Rutgers was previously arrested for sexual assault - The Daily Targum 3/10 'Unlawful, unconstitutional, unprecedented': Platkin leaders condemn federal executive orders 2/17/25, 1:48 An adjunct professor at Rutgers was previously arrested for sexual assault - The Daily Targum 4/10 U. says not on New Brunswick campus, RWJ, despite social media claims 2/17/25, 1:48 An adjunct professor at Rutgers was previously arrested for sexual assault - The Daily Targum 5/10 Special Report resolution fails in after hours-long debate during 1st spring meeting 2/17/25, 1:48 An adjunct professor at Rutgers was previously arrested for sexual assault - The Daily Targum 6/10 Rutgers assistant professor on leave after animal abuse allegations 'Unlawful, unconstitutional, unprecedented': Platkin leaders condemn federal executive orders protests amid suspension following divestment request rejection 'Squid Game' season 2 remains thrilling, but cracks under pressure 2/17/25, 1:48 An adjunct professor at Rutgers was previously arrested for sexual assault - The Daily Targum 7/10 U. Catch up on the latest stories with the Targum Digest UP! 'Unlawful, unconstitutional, unprecedented': Platkin leaders condemn federal executive orders U. says not on New Brunswick campus, RWJ, despite social media claims Special Report resolution fails in after hours- long debate during 1st spring meeting 2/17/25, 1:48 An adjunct professor at Rutgers was previously arrested for sexual assault - The Daily Targum 8/10 About Us Editorial Complaints & Corrections Advertising Contact Us Get Involved Privacy Policy Terms & Conditions News New Brunswick Newark Sports Opinions Editorials Letter to the Editor Inside Beat Videos Podcasts Humans of Rutgers Targum Spotlight Letter to the Editor & Commentary Classifieds Alumni TikTok YouTube Facebook Instagram Donate Newsletter 2/17/25, 1:48 An adjunct professor at Rutgers was previously arrested for sexual assault - The Daily Targum 9/10 \u00a9 2025 Targum Publishing Company. All rights reserved. Powered by SNworks - Solutions by Media. Made with in . 2/17/25, 1:48 An adjunct professor at Rutgers was previously arrested for sexual assault - The Daily Targum 10/10", "7329_102.pdf": "Pushing legislation that requires New Jersey schools to educate students on sexual assault and awareness, Assemblywoman Pamela Lampitt (D-NJ-6th) spoke on benefits of using stricter vetting processes that notify employers of people with a history of sexual misconduct. Media: Wikimedia legislation takes preventative steps to curb sexual misconduct, educate students on consent 19, 2018, 6:14 P.M. 2/17/25, 1:48 legislation takes preventative steps to curb sexual misconduct, educate students on consent - The Daily Targum 1/12 On Thursday, the General Assembly of the New Jersey State Legislature approved a legislative package that would prevent sexual predators from being hired at schools by enforcing a thorough vetting process. In a special hearing to discuss misconduct in schools and how it should be reported, four bills were approved unanimously. The bills now await action from the New Jersey Senate, according to a news release from the Assembly Democrats. Nondisclosure agreements, deals in which two or more parties agree not to disclose information regarding their business activities, have acted as a loophole in the past. \u201cPassing the trash\u201d \u2014 a cycle where educators accused of sexual misconduct can be dismissed from one job and move seamlessly to another \u2014 has been going on for years, according to Advance Media. \"There have been reported cases of teachers who were accused of sexual misconduct in one school, but were able to find work in other schools where they were able to victimize even more children,\" said Assemblywomen Pamela Lampitt (D-NJ-6th), according to the press release. She said that a strict vetting process of prospective employees could help identify and disqualify people with a history of problematic behavior with children. The first bill, A-3381, requires school districts, charter schools, nonpublic schools and contracted service providers to review employment history of prospective employees to discover allegations of child abuse or sexual misconduct involving children, according to the release. It would do this by prohibiting consideration of a job application unless a thorough review is conducted. As part of the review, the applicant will be required to list employers from the last 20 years that were schools or involved working with children, according to a statement from the Assembly Education Committee. They will also be required to provide their own written statement regarding their standing as well as written authorization, consenting to the disclosure of requested information. 2/17/25, 1:48 legislation takes preventative steps to curb sexual misconduct, educate students on consent - The Daily Targum 2/12 school must ask previous employers if the applicant was a subject in any child abuse or sexual misconduct investigation, was disciplined, discharged, nonrenewed, asked to resign or was separated from employment as a result of investigation or had a professional license suspended or removed, according to the statement. \"Individuals who left one school because of questionable interactions with children should not be able to just go get a job with another school,\" said Assemblyman Joseph Lagana (D-NJ-38th). \"This can help prevent individuals who have no business working with children from falling through the cracks.\" The second bill, A-769, adds sexual abuse and assault awareness and prevention education in preschool through 12th grade, according to the news release. The third, A- 2189, requires schools to provide education about the social, emotional and legal consequences of distributing sexually explicit images online. \"This is a huge problem in the age of social media. Many young people don't fully understand the ramifications of sharing sexually explicit images, and the serious legal trouble it can get them in,\" Lampitt said according to the release. \"Teaching young people the consequences can help quell this problematic trend.\" The final bill, A-2190, requires schools to instruct students in grades six through 12 on the law and meaning of consent for physical contact and sexual activity, according to the release. 2/17/25, 1:48 legislation takes preventative steps to curb sexual misconduct, educate students on consent - The Daily Targum 3/12 According to the University Human Resources website, the department currently offers a program that allows other departments to obtain certain background information about job applicants. The background checks currently include verification of an applicant\u2019s Social Security Number, a criminal records check, a court records check and a credit record check pending on the position's relevance. The checks are available for finalists of \u201cClass 1 staff positions.\u201d \u201cFor Rutgers positions, participation in the program is voluntary, and the decision as to whether or not to conduct a background investigation on a finalist is left to the discretion of each individual department,\u201d according to the site. In January, Rutgers placed adjunct professor Sombudha Adhikari on administrative leave after reports of a previous criminal sexual misconduct charge against him were brought to the University\u2019s attention, according to The Daily Targum. The Targum reported that Adhikari was arrested in 2009 \u201cfor inappropriately grabbing the breasts and inner thighs of one of his students at Fairleigh Dickinson University.\u201d He pled guilty in court, was released on $5,000 bail and terminated from his position at Fairleigh Dickinson at the time. Despite being terminated from his teaching position at another school, Adhikari\u2019s employment status at Rutgers remained active, according to the Targum. That was until last month, when the charges were brought to the University\u2019s attention and Adhikari was placed on administrative leave, awaiting a \u201ccomprehensive review\u201d of the circumstances. \"We need to empower our children so they understand what is appropriate and what is not so they can protect themselves,\" Lampitt said in the release. \"We also need to have a more stringent employment history review process to prevent individuals who have been accused of sexual wrongdoing in one school from going to another school and hurting other children.\" 2/17/25, 1:48 legislation takes preventative steps to curb sexual misconduct, educate students on consent - The Daily Targum 4/12 'Squid Game' season 2 remains thrilling, but cracks under pressure 2/17/25, 1:48 legislation takes preventative steps to curb sexual misconduct, educate students on consent - The Daily Targum 5/12 'Unlawful, unconstitutional, unprecedented': Platkin leaders condemn federal executive orders 2/17/25, 1:48 legislation takes preventative steps to curb sexual misconduct, educate students on consent - The Daily Targum 6/12 U. says not on New Brunswick campus, RWJ, despite social media claims 2/17/25, 1:48 legislation takes preventative steps to curb sexual misconduct, educate students on consent - The Daily Targum 7/12 Special Report resolution fails in after hours-long debate during 1st spring meeting 2/17/25, 1:48 legislation takes preventative steps to curb sexual misconduct, educate students on consent - The Daily Targum 8/12 Eagleton, Vote16NJ discuss youth voting legislation backed by Murphy U. Democrats, Republicans speak on Trump cabinet picks, post-election outlooks 'Unlawful, unconstitutional, unprecedented': Platkin leaders condemn federal executive orders 'Squid Game' season 2 remains thrilling, but cracks under pressure 2/17/25, 1:48 legislation takes preventative steps to curb sexual misconduct, educate students on consent - The Daily Targum 9/12 U. Catch up on the latest stories with the Targum Digest UP! 'Unlawful, unconstitutional, unprecedented': Platkin leaders condemn federal executive orders U. says not on New Brunswick campus, RWJ, despite social media claims Special Report resolution fails in after hours- long debate during 1st spring meeting 2/17/25, 1:48 legislation takes preventative steps to curb sexual misconduct, educate students on consent - The Daily Targum 10/12 About Us Editorial Complaints & Corrections Advertising Contact Us Get Involved Privacy Policy Terms & Conditions News New Brunswick Newark Sports Opinions Editorials Letter to the Editor Inside Beat Videos Podcasts Humans of Rutgers Targum Spotlight Letter to the Editor & Commentary Classifieds Alumni TikTok YouTube Facebook Instagram Donate Newsletter 2/17/25, 1:48 legislation takes preventative steps to curb sexual misconduct, educate students on consent - The Daily Targum 11/12 \u00a9 2025 Targum Publishing Company. All rights reserved. Powered by SNworks - Solutions by Media. Made with in . 2/17/25, 1:48 legislation takes preventative steps to curb sexual misconduct, educate students on consent - The Daily Targum 12/12", "7329_103.pdf": "Montclair > Other News Other News Rutgers Professor Suspended Following Reports of Sexual Misconduct Conviction 2/17/25, 1:48 Rutgers Professor Suspended Following Reports of Sexual Misconduct Conviction | Montclair News TAPinto | TAPinto 1/2 By Daniel J. Munoz Published January 27, 2018 at 7:57 - An adjunct professor at Rutgers University has been placed on administrative leave, after reports surfaced that he has a sexual misconduct conviction. Sombudha Adhikari, a lecturer at the business school, was suspended on Jan. 25, university spokesperson Dory Develin confirmed, after his record was brought to the attention of Rutgers-Newark Chancellor Nancy Cantor. Adhikari was a part-time lecturer at the Florham Campus of Fairleigh Dickinson University when in 2009, he was charged with fondling a female student. He had, according to the Daily Record, grabbed her breasts and touch the inside of her thigh. Adhikari was arrested on May 15, 2009 and then released on $5,000 bail. In 2011, Adhikari pled guilty to criminal sexual conduct and was handed down a year of probation and a requirement to submit to a psychological- sexual evaluation, according to public records. His position at was terminated upon the conviction. While on administrative leave, Adhikari will continue to be paid, Devlin said, while his background is reviewed. When TAPinto New Brunswick attempted to contact Adhikari via phone, he declined an interview and hung up. Public records indicate that Adhikari has two teaching posts in Newark, earning him $81,396 and $25,773 in gross pay. He also earned $18,000 in gross pay as an instructor at the New Brunswick Summer Session, according to public records. 2/17/25, 1:48 Rutgers Professor Suspended Following Reports of Sexual Misconduct Conviction | Montclair News TAPinto | TAPinto 2/2", "7329_104.pdf": "Reconsider hiring policy In 2013, the university hired an instructor who previously pleaded guilty to sexual misconduct, putting students\u2019 safety at risk. Last Thursday, a former Fox School of Business instructor was placed on administrative leave from Rutgers University after a 2009 sexual misconduct charge against him resurfaced. Sombudha Adhikari started teaching at Temple in Spring 2013 \u2014 four years after he pleaded guilty to fourth-degree criminal sexual misconduct. Adhikari admitted he grabbed the breasts and inner thighs of a student at Fairleigh Dickinson University in New Jersey. Adhikari continued to teach at Temple until Spring 2017. The Temple News is concerned about the university\u2019s decision to hire Adhikari as an adjunct professor. Adhikari was allowed to work directly with students for four years. By hiring someone guilty of sexual misconduct against a student, Temple put its students in danger of suffering the same fate. If university officials knew that Adhikari was guilty of sexual misconduct before he was hired, then they shouldn\u2019t have hired him in the first place. If they didn\u2019t know he was guilty, then it raises an important question: how did Temple miss it? Employees, staff and faculty members are subject to background checks if they are in direct contact with minors, handle money or operate machinery. University staff members who are responsible for hiring faculty and staff can determine independently whether a background check is necessary, wrote Sharon Littleton, associate vice president of human resources at Temple, in an email to The Temple News. Based on that criteria, it doesn\u2019t seem like Temple was obligated to conduct a background check on Adhikari. But perhaps this case should make the university reconsider its policy university spokesperson declined to comment further for this story. Without additional explanation from the university, we can only wonder whether the university does all it can to protect students from sexual misconduct by people in positions of power. Editorial Board is made up of The Temple News' Editor in Chief, Managing Editors, Chief Copy Editor, Deputy Copy Editor, News Editor, Opinion Editor and Assistant Opinion Editor. The views expressed in editorials only reflect those of the Board, and not the entire Temple News staff. Follow The Temple News @TheTempleNews. 2/17/25, 1:48 Reconsider hiring policy - The Temple News 1/1"} |
7,538 | Inder Verma | Salk Institute | [
"7538_101.pdf",
"7538_102.pdf",
"7538_103.pdf",
"7538_104.pdf"
] | {"7538_101.pdf": "Photo courtesy of Salk.edu The Triton Salk Institute Biologist Inder Verma Placed On Leave After Sexual Assault Allegations by Ethan Edward Coston May 2, 2018 Updated March 4, 2023 This article deals with issues of sexual assault and harassment. Inder Verma, the Irwin and Joan Jacobs Chair for Exemplary Life Sciences at Salk Institute, was placed on administrative leave on April 21 after eight women accused him of sexual assault and harassment. The San Diego Union-Tribune reported that Inder Verma, a world-renowned cancer biologist, was placed on leave after multiple women accused him of assaulting them between 1976 and 2016. Accusations ranged from 2/17/25, 1:49 Salk Institute Biologist Inder Verma Placed On Leave After Sexual Assault Allegations | The Triton 1/2 \u00a9 2025 The Triton. Proudly powered by Newspack by Automattic physical assault, like grabbing their breasts or forcibly kissing them, to sexual comments made towards female researchers have never used my position at the Salk Institute to take advantage of others have also never engaged in any sort of intimate relationship with anyone affiliated with the Salk Institute,\u201d Verma said through his lawyer in a statement to Nature have never inappropriately touched, nor have made any sexually charged comments, to anyone affiliated with the Salk Institute have never allowed any offensive or sexually charged conversations, jokes, material, etc. to occur at the Salk Institute.\u201d Verma was removed as Editor-in-Chief of the Proceedings of the National Academy of Sciences in December 2017 after he was implicated in a gender discrimination lawsuit filed against Salk Institute. The lawsuit alleged that female faculty were paid significantly less than male faculty and that women were left out of key retreats where male faculty met with donors. Verma was the highest paid member of Salk Institute at $406k, while one of the faculty suing spent three decades at Salk and was only paid $216k. In a detailed investigation about several allegations, Science Magazine reported that Verma has been under investigation since February 2018 and that \u201cfor decades, women at Salk have warned female colleagues not to be alone with Verma.\u201d \u201cSexual harassment really reinforces the male power structure and keeps women in their place and terrified,\u201d University of Oregon in Eugene research psychologist Jennifer Freyd told Science Magazine. \u201cBut also, any kind of gender inequity gives more permission to sexually harass. So they are mutually reinforcing. They do go together.\u201d Ethan Coston is an Assistant News Editor for The Triton. You can follow him @Ethan4Books 2/17/25, 1:49 Salk Institute Biologist Inder Verma Placed On Leave After Sexual Assault Allegations | The Triton 2/2", "7538_102.pdf": "Report: 8 Women Claim Sex Harassment At California Institute By The Associated Press Published May 2, 2018 at 4:46 This story was published more than 6 years ago. Milan Kovacevic sign at the Salk Institute in La Jolla is shown in this undated photo Salk Institute biologist on Tuesday denied allegations that he sexually harassed at least eight women over 30 years at the renowned Southern California research center. The eight spoke to the journal Science and alleged a pattern of harassment by star biologist Inder Verma dating back to 1976. His alleged behavior included forced kisses, pinching women's behinds and touching their breasts. Five of the women spoke on the record to Science and three did it anonymously. \ud83d\udc98 Explore real stories of love, connection and fate from your community \ud83d\udc98 Give Now World Service 2/17/25, 1:49 Report: 8 Women Claim Sex Harassment At California Institute Public Media 1/12 Inder Verma, a scientist and researcher at the Salk Institute for Biological Studies in La Jolla, is pictured above, April 23, 2018. His attorney told the San Diego Union-Tribune that Verma denies all the allegations. The 70-year-old scientist has been placed on administrative leave during an investigation by an independent outside party, the institute said have been avoiding (Verma) for 30 years,\" neuroscientist Pam Mellon told the journal. She claimed Verma grabbed her breasts during a party at her home when she as an assistant professor at Salk in the mid-1980s. \"The quotes and story about my experience are correct,\" Mellon told the Union-Tribune by email. The Salk released a statement Tuesday that said the institute doesn't condone any inappropriate behavior among its employees. \"Consistent with Salk's long-standing policies governing workplace conduct, including policies prohibiting sexual harassment, the Institute undertook a formal investigation of Dr. Verma in early March,\" the statement said World Service 2/17/25, 1:49 Report: 8 Women Claim Sex Harassment At California Institute Public Media 2/12 In an email to the Union Tribune last month, Verma said have never inappropriately touched, nor have made any sexually charged comments, to anyone affiliated with the Salk Institute.\" It's the latest uproar at the research center, which was sued last summer by three female professors alleging gender discrimination. Victoria Lundblad, Katherine Jones and Beverly Emerson said Salk systematically discriminates against women when it comes to salary, promotions, lab space and access to private grants. In the Science story, Emerson also alleged that Verma grabbed her and kissed her on the mouth in the Salk library. Salk officials have denied the allegations about gender discrimination. Public Safety The Associated Press [Copyright 2024 NPR] Sign up for our newsletters! Keep up with all the latest news, arts and culture, and highlights from KPBS. 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Read \u2192 More News World Service 2/17/25, 1:49 Report: 8 Women Claim Sex Harassment At California Institute Public Media 7/12 Racial Justice and Social Equity San Diego drops race from homebuyers program after lawsuit claims reverse discrimination February 14, 2025 World Service 2/17/25, 1:49 Report: 8 Women Claim Sex Harassment At California Institute Public Media 8/12 Border & Immigration State senator to unveil proposed immigration overhaul in San Diego on Feb. 21 February 14, 2025 World Service 2/17/25, 1:49 Report: 8 Women Claim Sex Harassment At California Institute Public Media 9/12 Environment After heavy rains, debris flows hit Southern California community scarred by fire February 14, 2025 World Service 2/17/25, 1:49 Report: 8 Women Claim Sex Harassment At California Institute Public Media 10/12 About About Us & Mission Careers & Financial Mobile Apps Press Releases Help Audience and Member Services Closed Captioning Contact Us FAQs How do listen? Give Corporate Support Donate Membership Information Other Ways to Give Tax Environment Big homeowner rate hike from State Farm shot down by California regulator February 14, 2025 World Service 2/17/25, 1:49 Report: 8 Women Claim Sex Harassment At California Institute Public Media 11/12 Privacy Policy Staff Terms of Service Passport Help Help Center Vehicle Donation World Service 2/17/25, 1:49 Report: 8 Women Claim Sex Harassment At California Institute Public Media 12/12", "7538_103.pdf": "Eminent biologist resigns over allegations of gender discrimination and sexual harassment Download Copy Eminent biologist and cancer researcher Inder Verma has resigned from the Salk Institute for Biological Sciences in La Jolla, California according to an announcement made by the institute on the 11th of June 2018. This has followed the temporary suspension of Verma since 21st of April this year after several allegations of gender discrimination and sexual harassment ( from female scientists against him. After receiving the complaints the Salk Institute had started an internal probe into the matter. Verma has since then repeatedly denied the allegations made against him. In a statement to the media he said have never used my position at the Salk Institute to take advantage of others have also never engaged in any sort of intimate relationship with anyone affiliated with the Salk Institute have never inappropriately touched, nor have made any sexually charged comments, to anyone affiliated with the Salk Institute have never allowed any offensive or sexually charged conversations, jokes, material, etc. to occur at the Salk Institute.\u201d The board of trustees were to meet on the 11th of June to discuss the findings of the investigation. Before they could conclude their investigation, Verma resigned according to the institute statement. Chair of the Board of Trustees Dan Lewis had said in an earlier written statement, \u201cBased on the findings of the investigator, the Institute has considered appropriate responsive action.\u201d However in the week before the board met Verma submitted his \u201cunconditional resignation\u201d, Lewis said. By Dr. Ananya Mandal (/medical/authors/ananya-mandal) Jun 13 2018 (/) fil l \ue606 h \ue986 2/17/25, 1:49 Eminent biologist resigns over allegations of gender discrimination and sexual harassment 1/9 (/industry-focus/How- to-optimize-your-cell- line-development? src=content-embed)How to optimize your cell line development eBook Sphere Fluidics shares their best practices to optimize your cell line development processes. Download the latest edition (/industry-focus/How-to-optimize- your-cell-line-development? src=content-embed) Inder Verma is one of the leading scientists working with gene therapy ( medical.net/health/What-is-Gene-Therapy.aspx) and cancer. He has worked on brain tumours and lung diseases. He was in an administrative capacity at the institute as well where he had a say in hiring, promotions and funding within the institute. In 2017 three female professors at Salk (Biologists Katherine Jones, Vicki Lundblad and Beverly Emerson) had filed lawsuits with allegations regarding gender discriminations in cases of grants and promotions and salaries compared to their male counterparts. After the lawsuits and allegations Verma was put on leave as editor of the prestigious journal Proceedings of the National Academy of Sciences. He resigned from the post in May this year. Lewis added that thus has been a challenging time for the institute and the board has unanimously accepted Verma\u2019s resignation. The lawsuits are slated to be tried later this year in December. Source: ( Be the first to rate this article \ue9d7\ue9d7\ue9d7\ue9d7\ue9d7 Posted in: Medical Science News (/category/Medical-Science-News.aspx) | Miscellaneous News (/category/Miscellaneous-News.aspx) Tags: Brain (/?tag=/Brain), Cancer (/condition/Cancer), Gene (/condition/Gene), Gene Therapy (/? tag=/Gene-Therapy) Comments (0) (/) Become a Member (/azoprofile/login/) fil l \ue606 Medical Home (/medical) Life Sciences Home (/life-sciences) About (/medical/about) COVID-19 (/condition/Coronavirus-Disease-COVID-19) News (/medical/news) Health (/medical-a-z.aspx) Drugs (/drugs-a-z.aspx) Medical Devices (/Clinical-and-Diagnostics) Interviews (/medical/interviews) White Papers (/medical/whitepapers) MediKnowledge (/mediknowledge) eBooks (/medical/ebooks) Posters (/medical/posters) Podcasts (/medical/podcasts) Newsletters (/medical/newsletters) Health & Personal Care (/Consumer-Products) Contact (/medical/contact) Meet the Team (/medical/team) Advertise (/medical/advertise) Search (/medical/search) Become a Member (/azoprofile/login/) Search... \ue986 \ue986 2/17/25, 1:49 Eminent biologist resigns over allegations of gender discrimination and sexual harassment 2/9 Download Copy Citations \uea43 Suggested Reading Written by Dr. Ananya Mandal ( medical.net/medical/authors/ananya-mandal) Dr. Ananya Mandal is a doctor by profession, lecturer by vocation and a medical writer by passion. She specialized in Clinical Pharmacology after her bachelor's (MBBS). For her, health communication is not just writing complicated reviews for professionals but making medical knowledge understandable and available to the general public as well. 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Update Your Privacy Preferences Last Updated: Monday 17 Feb 2025 (/) Become a Member (/azoprofile/login/) fil l Medical Home (/medical) Life Sciences Home (/life-sciences) About (/medical/about) COVID-19 (/condition/Coronavirus-Disease-COVID-19) News (/medical/news) Health (/medical-a-z.aspx) Drugs (/drugs-a-z.aspx) Medical Devices (/Clinical-and-Diagnostics) Interviews (/medical/interviews) White Papers (/medical/whitepapers) MediKnowledge (/mediknowledge) eBooks (/medical/ebooks) Posters (/medical/posters) Podcasts (/medical/podcasts) Newsletters (/medical/newsletters) Health & Personal Care (/Consumer-Products) Contact (/medical/contact) Meet the Team (/medical/team) Advertise (/medical/advertise) Search (/medical/search) Become a Member (/azoprofile/login/) \ue986 \ue986 2/17/25, 1:49 Eminent biologist resigns over allegations of gender discrimination and sexual harassment 9/9", "7538_104.pdf": "Home / Opinion Prominent Salk Institute Scientist Inder Verma Resigns His decision came as an investigation into sexual harassment allegations against him was ongoing. Jun 12, 2018 | 1 min read Sukanya Charuchandra 2/17/25, 1:49 Prominent Salk Institute Scientist Inder Verma Resigns | The Scientist 1/8 Register for free to listen to this article Listen with Speechify 0:00 1:00 Share nder Verma, a leading cancer researcher at the Salk Institute for Biological Studies, resigned on June 6 during an investigation into sexual harassment allegations against him, reports Science. In a letter on June 11, Dan Lewis, the chair of the Board of Trustees and Rusty Gage, the president of the Institute, say the Board unanimously accepted Verma\u2019s \u201cunconditional resignation,\u201d calling it an \u201cappropriate responsive action,\u201d without offering any specifics of the investigation. 2/17/25, 1:49 Prominent Salk Institute Scientist Inder Verma Resigns | The Scientist 2/8 According to Science, Salk hired The Rose Group, a law firm, to investigate the case against Verma in March. Following Science\u2019s April reporting of sexual misconduct allegations by eight women with connections to the institute, Verma was placed on administrative leave. This was in addition to his suspension as PNAS\u2019s editor-in-chief after a gender discrimination lawsuit was filed against the Salk Institute. Verma claims he has never misbehaved, reports The San Diego Union-Tribune. In an email to the newspaper in April, he said have never used my position at the Salk Institute to take advantage of others.\u201d He went on to add have also never engaged in any sort of intimate relationship with anyone affiliated with the Salk Institute.\u201d Keywords Careers, culture, decolonize, gender discrimination, News, nutshell, policy, Research Ethics, resignation, scandal, sexual harassment, The Salk Institute The Salk Institute of Biological Studies Interested in reading more? Become a Member of Receive full access to more than 35 years of archives, as well as Digest, digital editions of The Scientist, feature stories, and much more Already a member? Login Here 2/17/25, 1:49 Prominent Salk Institute Scientist Inder Verma Resigns | The Scientist 3/8 February 2025, Issue 1 Meet the Author Sukanya Charuchandra Originally from Mumbai, Sukanya Charuchandra is a freelance science writer based out of wherever her travels take her. She holds master\u2019s degrees in Science Journalism and Biotechnology. You can read her work at sukanyacharuchandra.com. View full profile Share 2/17/25, 1:49 Prominent Salk Institute Scientist Inder Verma Resigns | The Scientist 4/8 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 Considerations for Cell-Based Assays in Immuno-Oncology Research From Water Bears to Grizzly Bears: Unusual Animal Models 2/17/25, 1:49 Prominent Salk Institute Scientist Inder Verma Resigns | The Scientist 5/8 Products | Product News Sex Differences in Neurological Research Scaling Lentiviral Vector Manufacturing for Optimal Productivity Putting Pathogens to the Test with Wastewater Surveillance Generating High-Quality mRNA for In Vivo Delivery with lipid nanoparticles Tecan introduces Veya: bringing digital, scalable automation to labs worldwide 2/17/25, 1:49 Prominent Salk Institute Scientist Inder Verma Resigns | The Scientist 6/8 Stay Connected with Sign up for the News Alerts newsletter to keep up to date on the latest research news and scientific discoveries. 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9,045 | Arthur Green | Hebrew College | [
"9045_101.pdf",
"9045_102.pdf",
"9045_103.pdf",
"9045_104.pdf"
] | {"9045_101.pdf": "\u2014 The founding dean of Hebrew College\u2019s rabbinical school has been barred from its campus over the fallout from an allegation of sexual misconduct toward a faculty member who was previously his student. Rabbi Arthur Green, a prominent scholar of Jewish mysticism, retired in May 2022 after two decades at the non- denominational Boston-area seminary. In separate email announcements on the same day, both Green and the college said a private matter concerning another member of the college\u2019s community contributed to the timing. Last week, however, Hebrew College\u2019s leadership informed the community that the matter cited in 2022 involved \u201ca report by a community member of an unwanted and distressing sexual advance\u201d by Green, and that Green is no longer allowed to set foot on campus at all. In an email to Green informing him of the ban last week, Hebrew College\u2019s leadership mentioned \u201cconduct by you in a recent interaction with an individual in Israel\u201d that it called \u201cconcerningly similar\u201d to the previous report of sexual misconduct. It also accuses Green of breaking a confidentiality agreement he made with the college. In an interview with JTA, Green said he inappropriately kissed the faculty member but rejected the school\u2019s claims that a second inappropriate incident had occurred or that he had violated his agreement with the school. Green also said that following the initial incident, he carried out several steps required by the school, but stopped short of taking part in a public \u201cceremony\u201d that he said had been requested THAT' Prominent scholar barred from Hebrew College following sexual misconduct allegation Founding dean of rabbinical school Rabbi Arthur Green retired in 2022 due to \u2018private matter\u2019 concerning ex- student, but is newly banned from grounds as fresh issue arises in Israel By 30 January 2024, 8:48 pm Rabbi Arthur Green, right, and Rabbi Joe Rooks Rapport speak, May 17 2013. (Wikimedia commons/Flickr/CC-A-2.0/Festival of Faiths) 2/17/25, 1:50 Prominent scholar barred from Hebrew College following sexual misconduct allegation | The Times of Israel 1/7 The ban, which was announced last week in an email to the Hebrew College community hours after Green was informed about it, marks an ignominious coda to a storied career for a rabbi who is widely considered a leader in neo- Hasidism or Renewal Judaism. The author of more than a dozen books, Green served as president of the Reconstructionist Rabbinical College before founding Hebrew College\u2019s pioneering rabbinical seminary near Boston in 2003. As a teacher and administrator there, Green oversaw the seminary as it grew and contributed to a widespread disruption of the denominational rabbinical school model. \u201cRabbi Art Green is no longer employed at Hebrew College nor welcome in the Hebrew College community because he engaged in sexual misconduct that caused significant emotional harm to a member of our community and was a serious violation of our institutional policies and our communal values,\u201d the college\u2019s president, Rabbi Sharon Cohen Anisfeld, told the Jewish Telegraphic Agency. Hebrew College campus. (Courtesy of Hebrew College via JTA) She added, \u201cRabbi Green\u2019s conduct and communication since the reported incident have not reflected a genuine understanding of the harm he has caused, nor has he undertaken a good faith process of teshuva,\u201d Hebrew for repentance. Green insists that he has not crossed a line since striking a retirement agreement with Hebrew College. Anisfeld did not describe the incident in Israel, or when it occurred source affiliated with Hebrew College said the college did not take steps to verify the incident. Green does acknowledge acting inappropriately with a male faculty member who was previously his student, and expressed regret about it did something wrong,\u201d he told JTA. \u201cSo I\u2019m aware of that take responsibility for that.\u201d He also said he believed the incidents did not merit his ouster and questioned whether the allegations were used as a pretense to eject him from the school he shaped. Green detailed the allegations against him and the events leading to his being barred from campus in a draft email he shared with on Friday and said he intended to send to his contacts. He sent an abbreviated version of the same email on Sunday afternoon. In the email he sent, he wrote am, and have always been, a bisexual man\u201d and had \u201cmade the difficult decision to keep this private while still a rabbinical student nearly sixty years ago\u201d in order to build a career in the Jewish world. In the draft email, he had written that he had been looking for companionship after the 2017 death of his wife of 49 years. 2/17/25, 1:50 Prominent scholar barred from Hebrew College following sexual misconduct allegation | The Times of Israel 2/7 \u201cMy admittedly inappropriate loss of control was an expression of affection by a lonely old guy, not an assertion of power to demand or force sex,\u201d Green wrote in the draft. He also said that he believed he had been wronged by Hebrew College\u2019s handling of the incident consider myself a victim of the extreme \u2018Me-tooism\u2019 that has come to plague our society,\u201d he wrote in the draft, referring to the movement to hold perpetrators accountable for sexual misconduct. He added that the faculty member \u201creported to Sharon he had \u2018felt some sexual tension\u2019 between us on prior occasions would just call it closeness.\u201d In the sent email, he acknowledged \u201canother unwanted kiss by me\u201d more than 30 years ago with a different person who he said was not a student take full responsibility for these encounters, my misjudgment of the situations, and the unintentional harm caused to people for whom cared,\u201d he wrote have communicated with them and sought to repair the harm am committed to ongoing awareness about this matter and exercising extreme caution in the future.\u201d Through representatives, the junior faculty member declined to speak about his experience has spoken to two people with whom he had shared his account but whom he had not asked to speak on his behalf.) He has retained attorneys, including Debra S. Katz, who is known for representing alleged victims of sexual assault such as Christine Blasey Ford, who accused now-Supreme Court Justice Brett Kavanaugh of sexual assault. The attorneys said in a statement that the faculty member had \u201cparticipated in a restorative justice process with Rabbi Art Green. As part of that process, our client and Rabbi Green agreed they would alert the other party before making any public statements. We are disappointed that Rabbi Green has failed to adhere to that commitment, forcing our client to hear through the grapevine of the narrative Rabbi Green is advancing.\u201d The first public sign of allegations against Green came in May 2022, when he and Anisfeld sent separate messages to the Hebrew College community announcing his retirement. In Green\u2019s email, sent first, he mentioned \u201ca private matter concerning an incident that occurred some time ago, which involved an act on my part that deeply impacted a colleague in our community.\u201d He added feel badly about that situation, and that too has contributed to my decision to retire this year.\u201d Anisfeld\u2019s email, arriving a little less than an hour afterwards, also referenced \u201ca private personnel matter that deeply impacted another valued member of our Hebrew College community\u201d as part of a \u201ccombination of factors\u201d influencing the timing of Green\u2019s retirement. But the email also lauded Green and his contributions to Hebrew College know we will continue to be blessed by Art\u2019s lasting influence as a teacher, mentor, scholar, and friend,\u201d she wrote. My admittedly inappropriate loss of control was an expression of affection by a lonely old guy, not an assertion of power to demand or force sex\u201d \u201c 2/17/25, 1:50 Prominent scholar barred from Hebrew College following sexual misconduct allegation | The Times of Israel 3/7 Rabbi Sharon Cohen Anisfeld (YouTube screenshot. Used in accordance with Clause 27a of the Copyright Law) Neither email provided any details about the \u201cpersonnel matter\u201d; both emails said Green and another party were involved in a \u201crestorative process\u201d with the community member and had requested privacy. The emails were referring to the faculty member who had previously been Green\u2019s student. Green wrote in his email draft that he and the faculty member were \u201cquite close\u201d from the faculty member\u2019s student days. He said he chose the student to be a research assistant on a large project and characterized his relationship with the then-student as a \u201cgrowing friendship.\u201d In the fall of 2019, some time after the student had been ordained as a rabbi and joined Hebrew College\u2019s faculty, Green allegedly made the first unwanted sexual advance, according to the two people with whom the faculty member shared his account. Green and the faculty member were among a group that had traveled to Uman, a city in Ukraine that is the burial place of the turn-of-the-19th century Hasidic Rabbi Nachman of Breslov, and is a major pilgrimage site for his followers. Green\u2019s \u201cTormented Master,\u201d published in 1979, is considered a definitive biography of Rabbi Nachman. According to the friends with whom he shared his account, the faculty member \u2014 once the group had arrived at their hotel \u2014 found himself in a room alone with Green, who proceeded to make an unwanted sexual advance on him. One of the friends, a former classmate, told JTA, \u201cThey were there, and Art made a sexual advance toward my friend physically.\u201d The classmate added, \u201cMy friend stopped him and then has spent the next many years of his life trying to put it back together again.\u201d Green denies that he crossed any boundaries in Uman and said any accusation that he committed sexual misconduct on that trip is \u201cabsolute nonsense.\u201d He said people in the group were pairing off to share hotel rooms, and that he had offered to split a room with the faculty member. Once it became clear that there was no need for the two to share a room, he claimed, they slept in separate places. He did not reference the Uman incident in either version of his Sunday email. \u201cSince this person \u2026 is an out gay man thought other people might be uncomfortable sharing a room with him,\u201d Green told JTA. \u201cSo said that would. It then turned out there was an extra room and we did not share a room. That\u2019s the end of the story. Nothing happened.\u201d The second incident occurred that December and, according to Green\u2019s email draft, is the allegation that prompted Hebrew College to initiate disciplinary action against him. Green acknowledged, in his email draft and to JTA, that he kissed the faculty member \u201cin a way shouldn\u2019t have\u201d while the two were in Green\u2019s Boston-area home. 2/17/25, 1:50 Prominent scholar barred from Hebrew College following sexual misconduct allegation | The Times of Israel 4/7 Green attributed his behavior to having smoked marijuana with the faculty member. He said the faculty member had given him the drug, which felt particularly strong. He wrote in his email, \u201cWhat began as an expression of genuine affection was completely inappropriate and out-of- bounds to our relationship accept responsibility for my behavior and regret it deeply.\u201d But he added in the draft that had the faculty member felt any discomfort, Green expected him to resolve the situation privately figured that if he was upset, he would let me know, but he didn\u2019t,\u201d Green wrote in the email draft. Subsequently, Hebrew College administrators informed Green that he had been accused of misconduct. According to Green, the college and the faculty member\u2019s attorneys, the college attempted to resolve the issue through a private mediation and reconciliation process between Green and the faculty member. In the email she sent to the Hebrew College community this month, Anisfeld described the allegation as an \u201cunwanted and distressing sexual advance, which was viewed as a breach of personal and professional boundaries.\u201d After learning of the alleged misconduct, Green said Anisfeld imposed several penalties, including suspending him from faculty meetings, asking him to engage in a guided conversation with the faculty member, and requiring that he sign a statement saying he would not be alone in a room with a student with the door closed. Green said he acceded to all of the penalties. Then, at the end of 2021, Green says Anisfeld called him into her office and informed him that he was to retire in the coming year was, of course, close to retirement anyway, but did not like this feeling of being pushed out of a program that had created,\u201d Green wrote in the draft. \u201cEventually, however agreed, frankly because dealing with this matter had become so painful and distressing.\u201d To JTA, Green said he had questions about the motivations behind his ouster. He said he had been distressed when a demand that he not attend faculty meetings in December 2021 was extended to the winter term in January 2022, when the Hebrew College community convened for a series of conversations about whether to change a policy that barred students with non-Jewish partners from attending the rabbinical school said to myself, \u2018How far does this \u2018He\u2019s uncomfortable with my presence\u2019 go?\u2019\u201d Green told JTA. \u201cBut then thought, well, Sharon and have different views on this intermarriage issue. She was very much for the change in policy, and she knew was quite strongly against it. So, she might have found this was a convenient way to exclude me from that conversation.\u201d He added can\u2019t prove that. But she told me no could not participate in that Zoom conversation because [the faculty member] would be unhappy with my presence. And think that was bullshit, shall we say.\u201d Anisfeld flatly rejected the allegation. \u201cThe intermarriage policy process is completely irrelevant and unrelated to this matter,\u201d she told by email. The school removed the ban on interfaith relationships in January 2023. Green said Anisfeld and Hebrew College officials had escalated penalties against him over time. He said he had been barred from the two most recent Hebrew College graduations and had been kicked off a school listserv. He also said Anisfeld had asked him to participate in a \u201cpublic ceremony of confession,\u201d but he declined. \u201cMy generation doesn\u2019t play that game and doesn\u2019t do that kind of thing,\u201d he told just found it distasteful.\u201d In recent years, a reckoning over sexual misconduct allegations has changed the norms and expectations for how institutions should respond to them, with a broad move toward greater transparency and increased understanding that misconduct can harm people beyond the direct victims. In a 2018 eJewishPhilanthropy essay, two advocates for 2/17/25, 1:50 Prominent scholar barred from Hebrew College following sexual misconduct allegation | The Times of Israel 5/7 \u201crestorative justice\u201d \u2014 a process for institutions to address sexual harassment allegations \u2014 described a \u201cconference or circle with survivors, offenders, and their support people\u201d as one possible avenue. \u201cIdeally, the person who has been harmed asks for restorative justice but, at times, offenders or people from the community inquire about convening a process,\u201d Alissa Ackerman and Guila Benchimol wrote in the essay. \u201cInclusivity and collaboration are central because restorative justice recognizes that people belong to communities and that the harm they have caused or endured impacts wide networks.\u201d Anisfeld did not respond to a question about a public ceremony. In their email announcing Green\u2019s campus ban, Anisfeld and the current and former chairs of Hebrew College\u2019s Board of Trustees blamed his unwillingness to complete all that was asked of him. \u201cAs an institution committed to the value \u2014 and the possibility \u2014 of teshuva, we have repeatedly asked Rabbi Green to engage in a communal process regarding this matter,\u201d they wrote. \u201cRabbi Green has declined, and he therefore has been prohibited from visiting campus, or attending Hebrew College programs and communal activities.\u201d Last week\u2019s email from the college leadership raised questions among some of those who received it. \u201cOne of the things that was curious to me is: Why do we need to know this?\u201d said Shaul Magid, a Jewish studies professor at Dartmouth College who counts Green as a friend and teacher and also said he holds Anisfeld in high regard. \u201cAll the letter can do is really tarnish Art\u2019s reputation at this point. He\u2019s already retired.\u201d Green said in his email that relations between him and Hebrew College had become strained in the years since the initial allegation against him. \u201cAlthough agreed to all conditions as stipulated by Hebrew College was surprised to find additional demands and restrictions that felt, and continue to feel, vindictive and unnecessary,\u201d he wrote in the Sunday email. In the email, he also said Anisfeld sent the letter announcing his ban following \u201can alleged additional incident that occurred recently in Israel, thus supposedly justifying publicity on Hebrew College\u2019s part.\u201d In the letter from the Hebrew College leadership to Green last week, they wrote, \u201cThe College has also become aware of a report of conduct by you in a recent interaction with an individual in Israel that, as described to us, is concerningly similar to your admitted conduct during the Incident.\u201d Anisfeld did not offer details about that incident. Green and the two other men involved in what Green believes is the incident say it took place on Purim last year and involved an encounter at Green\u2019s home following a party celebrating the holiday. Green said he was \u201cvery drunk\u201d when he and another man began \u201ctouching each other, holding each other, not sexually, not genitally.\u201d Both he and that man told that their encounter was consensual third man in the room, who was then an acolyte of Green\u2019s, became alarmed. Through a representative, he told that he felt violated when Green \u201crevealed his physical desire for me and my friend\u2019s bodies.\u201d Previously, he had seen earlier requests for him to stay at Green\u2019s home \u201cas service to a holy rabbi, a kabbalist and theologian.\u201d He said he soon left but experienced the night as \u201ca soul-shattering crisis\u201d because of the nature of his relationship to Green served him as one would serve Rabbi Nachman or the Baal Shem Tov,\u201d two 18th-century Hasidic sages, the man said. He added, \u201cNot once did warning bells ring in my head.\u201d Green has written about rabbis who have been accused of abuse. In 2004, when Marc Gafni, a prominent rabbi in the Jewish Renewal movement, was accused of a wide range of sexual offenses, including having sex with underage girls, Green vociferously defended him in a letter to the editor of the New York Jewish Week. Praising Gafni as \u201ca creative teacher of Torah,\u201d he said that Gafni\u2019s misdeeds were long in the past and that Gafni had been \u201cbeen relentlessly persecuted for those deeds by a small band of fanatically committed rodfim,\u201d a term that in traditional Jewish texts refers to a would-be murderer who himself must be murdered. Two years later, multiple women in Israel said Gafni had lured them into sexual relationships using his power as a spiritual leader. Green, like other U.S. rabbis who had initially stood by Gafni, dropped his defense. 2/17/25, 1:50 Prominent scholar barred from Hebrew College following sexual misconduct allegation | The Times of Israel 6/7 \u201cThe stories were from long ago, and he had rejected and outgrown that side of himself,\u201d Green told the Forward at the time. \u201cThese are now new cases and new investigations.\u201d Green had also warned about the dangers inherent in relationships between spiritual teachers and students. In a 2010 book outlining neo-Hasidic theology by reinterpreting traditional Jewish edicts, including the Seventh Commandment prohibiting adultery, Green wrote that spiritual teachers \u201calways need to be aware of human weakness, their own before that of all others.\u201d The book included a reminder for teachers: \u201cSexual energies are always there when we flesh-and-blood humans interact with one another, anywhere this side of Eden,\u201d he wrote. \u201cCheck yourself always. Be aware; know your boundaries. Precisely because good teaching is an act of love, the teacher is always in danger.\u201d He concluded, \u201cMake sure that all your giving is for the sake of those who seek to receive it, not just fulfilling your own unspoken needs, sexual and other.\u201d 2/17/25, 1:50 Prominent scholar barred from Hebrew College following sexual misconduct allegation | The Times of Israel 7/7", "9045_102.pdf": "\u2014 In its third major email about the status of Rabbi Arthur Green, the ousted founder of its rabbinical seminary, Hebrew College focused on the students, faculty and others who were processing revelations about a rabbi long regarded as an esteemed teacher. The first email, in May 2022, announced to the school\u2019s community that Green was retiring, in part due to \u201ca private personnel matter that deeply impacted\u201d a community member. Another letter, sent last month, identified that matter as sexual misconduct and added that \u201csubsequent events\u201d had merited Green\u2019s being banned from campus. The third, sent last week, referenced the Jewish Telegraphic Agency report from the previous day detailing the allegations, as well as the school\u2019s response to them. But the email\u2019s focus lay elsewhere. \u201cThis has been a heartbreaking and painful episode for our community, most particularly for the individual who was harmed by Rabbi Green\u2019s misconduct,\u201d wrote Rabbi Sharon Cohen Anisfeld, Hebrew College\u2019s president, and the school\u2019s current and former chairs. \u201cWe are committed to ensuring that all members of the Hebrew College Community have the support and resources they need to process these developments,\u201d the email said HIM' Students and followers struggle following the Art Green sexual misconduct revelations As the ousted founder of Hebrew College\u2019s rabbinical school is the subject of a 3rd major email, focus has shifted to a pained community who relied on him for teaching and guidance By 8 February 2024, 1:50 am Rabbi Art Green. (Hebrew College/ via JTA) 2/17/25, 1:50 Students and followers struggle following the Art Green sexual misconduct revelations | The Times of Israel 1/4 As discussion of Green\u2019s alleged misconduct has moved from private discussions to community-wide missives and into the open, his former students, the school he founded and the broader Jewish community he has influenced are all reckoning with what it means. Hebrew College\u2019s leadership wrote in the most recent email that the school is providing settings for students to cope with the allegations. Some of its alumni, meanwhile, are grappling with how to view Green\u2019s teaching and writing in light of what they\u2019ve learned about his behavior former Hebrew College student who took multiple courses with Green, and who asked to remain anonymous due to the sensitivity of the situation, said that they\u2019ve had difficult discussions as news of the allegations has spread. \u201cIt\u2019s been really painful and scary to see colleagues and friends that like and respect, talking publicly about the news in ways that are sort of dismissive or justifying or minimizing the harm,\u201d said the former student, who attended Hebrew College. Regarding Green\u2019s reported victim, they said, \u201cJust imagining the fallout for him was very painful.\u201d The former student added also felt some sadness for Art, and sadness that doesn\u2019t in any way justify what he did feel sad that he made these horrible choices.\u201d Green, too, weighed in on the allegations publicly last week, telling his personal email list of what he said was more than 1,000 recipients that he was living \u201cin the midst of a firestorm\u201d that has done \u201cviolence\u201d to him. Rabbi Arthur Green, right, and Rabbi Joe Rooks Rapport speak, May 17, 2013. (Wikimedia commons/Flickr/CC-A-2.0/Festival of Faiths) Over the course of his career, which has spanned longer than a half-century, Green\u2019s influence has stretched far beyond Hebrew College, whose rabbinical school he founded 20 years ago. He has played a major role in contemporary Jewish thought as a preeminent scholar of Hasidic Judaism and previously served as president of the Reconstructionist Rabbinical College as well as a professor at multiple universities. In 2020, he earned a Nation\u00adal Jew\u00adish Book Award, and has taught privately and under the aegis of other groups and institutions, some of which are undergoing their own soul-searching now. \u201cHis teachings have been foundational to our work, and the personal relationships many of us have with him have been very important to us,\u201d wrote the leadership of the Institute for Jewish Spirituality, in a letter to its community last week announcing a review of its own safeguards against sexual misconduct. \u201cAll of that makes this news especially painful; the thought that anyone could have been harmed at any Jewish institution is heartbreaking, and it is even more difficult when the harm was caused by someone so close to our community.\u201d Another former student of Green\u2019s, who has used his teachings in sermons from the pulpit, called the allegations \u201cheartbreaking\u201d in a comment on a public Facebook post about Green have been his student directly or indirectly since 1989,\u201d wrote the student, who said they had recently begun learning online with Green again. \u201cAnd my own students when asked to name a favorite Jewish book they have read recently almost always name a book of his. So it is a different kind of heartbreak for me than others of rabbinic impropriety.\u201d 2/17/25, 1:50 Students and followers struggle following the Art Green sexual misconduct revelations | The Times of Israel 2/4 The Hebrew College community, and the far broader network of Jews interested in the neo-Hasidic ideas that Green studied and wrote about, is experiencing a form of reckoning that has taken place across fields in recent years as towering figures have been accused of sexual misconduct. Should such allegations change one\u2019s assessment of the alleged perpetrator\u2019s work and contributions? Is it possible for them not to went through a process of thinking through Art\u2019s Torah and trying to sort out which pieces of it actually maybe were implicated and which pieces were separate from this and how was going to think about the Torah learned from him, now that have this extra piece of the puzzle,\u201d the former Hebrew College student told JTA. In Green\u2019s case, he stands accused of having made at least two unwanted sexual advances toward a faculty member who was formerly his student, according to multiple people with whom the faculty member had shared his account. Green admits that he acted inappropriately in one of those instances but told that he rejects that anything inappropriate took place in the other. Hebrew College said the emergence of a third allegation, about an incident that took place in Israel last year, contributed to its decision to bar him from campus. Green and another man say they had a consensual physical encounter. Identifying himself publicly last week as Nachum Pachenik, a somatic therapist and sexual abuse survivor, the second man said again that he believed nothing inappropriate had taken place with Green, whom he described in a public Facebook post as \u201cone of my dear teachers and a fellow traveler.\u201d But a third man in the room, a disciple of Green\u2019s, alleged that he had been inappropriately touched by Green, and that he became distressed and felt violated. \u201cIt really bothers me that Art thinks he didn\u2019t hurt me,\u201d the third man wrote in a statement sent to last week. Green told his mailing list that he was facing intense blowback over the allegations and his comments about them, writing in a letter on Thursday that the \u201ccampaign of vilification against me has been quite relentless.\u201d Green, who did not respond to multiple requests for comment, focused on public discussion of his bisexuality, which he disclosed in a mass email sent shortly before the report was published. He wrote in that email that he had shielded his sexual orientation for decades in order to build his career. \u201cThe violence done to me in the course of this week, both by Hebrew College and by the Anglo-Jewish Press, is of a deeply personal nature,\u201d Green wrote to the list, which he said had grown since the allegations against him broke. \u201cAn essential fact of my existence, which have chosen to keep secret for seventy years (yes, since puberty), is suddenly all over the news outlets and everyone is talking about it.\u201d Anisfeld wrote in her email that Hebrew College would provide structured opportunities for \u201csupport, reflection and dialogue\u201d on campus. The first round of such programming took place last Tuesday morning for current Hebrew College students. Anisfeld declined to elaborate further when reached for comment. For those not at the campus, much of the discourse has taken place online. On social media, posting in public and private Facebook groups, sparking discussions on Reddit, and exchanges in private listservs, past students of Green \u2014 from formal settings and more informally \u2014 have laid out their complicated feelings. Rabbi Ysoscher Katz, chair of the Talmud department at Yeshivat Chovevei Torah, wrote a series of public Facebook posts grappling with his own mixed feelings, drawing on a core Hasidic idea that Green alluded to in his first statement about the allegations against him. My own students when asked to name a favorite Jewish book they have read recently almost always name a book of his. So it is a different kind of heartbreak for me than others of rabbinic impropriety\u201d \u201c 2/17/25, 1:50 Students and followers struggle following the Art Green sexual misconduct revelations | The Times of Israel 3/4 \u201cWhen a sacred object is broken, it still retains echoes of its former lofty status. Its kedusha [holiness] does not completely dissipate,\u201d Katz wrote early last week. \u201cPerhaps Reb Arthur as a \u2018broken vessel\u2019 does not render him and his Torah completely worthless.\u201d Katz said it was too soon to draw conclusions about Green\u2019s long-term legacy, but that he personally would be guided by the approach of some followers of the Baal Shem Tov, the 18th-century founder of Hasidic Judaism, \u201ctowards people who are broken and have also passed on that brokenness to others, causing them pain and much hurt.\u201d Some of the people responding to Katz told him that he had been overly focused on Green and insufficiently attentive to Green\u2019s alleged victims. Several called attention to Green\u2019s strenuous self-defense, saying that portraying himself as a victim was in their view among the most egregious elements of his behavior. Another commenter suggested an alternative to debating how to view Green\u2019s work in light of the allegations against him think the best course of action in cases with credible accusations of sexual misconduct is to put aside the person\u2019s Torah and not mention his name to the extent possible as long as his victims are alive.\u201d Some of the comments were long and laid bare evidence of internal conflicts. Others boiled down thoughts to just a few words. Among the shortest of them all pray for wholeness to return to anyone hurt by him.\u201d When a sacred object is broken, it still retains echoes of its former lofty status\u2026 Perhaps Reb Arthur as a \u2018broken vessel\u2019 does not render him and his Torah completely worthless\u201d \u201c 2/17/25, 1:50 Students and followers struggle following the Art Green sexual misconduct revelations | The Times of Israel 4/4", "9045_103.pdf": "Jerusalem Post Diaspora Rabbi Art Green barred from Hebrew College in sexual misconduct allegation Green does acknowledge acting inappropriately with a male faculty member who was previously his student, and expressed regret about it. By 29, 2024 13:13 Updated 29, 2024 13:34 The founding dean of Hebrew College\u2019s rabbinical school has been barred from its campus over the fallout from an allegation of sexual misconduct about a faculty member who was previously his student. Rabbi Arthur Green, a prominent scholar of Jewish mysticism, retired in May 2022 after two decades at the non-denominational Boston-area seminary. In separate email announcements on the same day, both Green and the college said a private matter concerning another member of the college\u2019s community contributed to the timing. Rabbi Arthur Green (photo credit 3.0 Listen to this article now 1.0x Powered by Trinity Audio 00:00 20:25 10 10 2/17/25, 1:50 Rabbi Art Green barred from Hebrew College in sexual misconduct claims - The Jerusalem Post 1/11 Last week, however, Hebrew College\u2019s leadership informed the community that the matter cited in 2022 involved \u201ca report by a community member of an unwanted and distressing sexual advance\u201d by Green, and that Green is no longer allowed to set foot on campus at all. In an email to Green informing him of the ban last week, Hebrew College\u2019s leadership mentioned \u201cconduct by you in a recent interaction with an individual in Israel\u201d that it called \u201cconcerningly similar\u201d to the previous report of sexual misconduct. It also accuses Green of breaking a confidentiality agreement he made with the college. In an interview with JTA, Green said he inappropriately kissed the faculty member but rejected the school\u2019s claims that a second inappropriate incident had occurred or that he had violated his agreement with the school. Green also said that following the initial incident, he carried out several steps required by the school, but stopped short of taking part in a public \u201cceremony\u201d that he said had been requested. College says Green has not \"undertaken a good faith process of teshuva\" The ban, which was announced last week in an email to the Hebrew College community hours after Green was informed about it, marks an ignominious coda to a storied career for a rabbi who is widely considered a leader in neo- Hasidism or Renewal Judaism. The author of more than a dozen books, Green served as president of the Reconstructionist Rabbinical College before founding Hebrew College, in Newton, MA. (credit DOMAIN) 2/17/25, 1:50 Rabbi Art Green barred from Hebrew College in sexual misconduct claims - The Jerusalem Post 2/11 Hebrew College\u2019s pioneering rabbinical seminary near Boston in 2003. As a teacher and administrator there, Green oversaw the seminary as it grew and contributed to a widespread disruption of the denominational rabbinical school model. \u201cRabbi Art Green is no longer employed at Hebrew College nor welcome in the Hebrew College community because he engaged in sexual misconduct that caused significant emotional harm to a member of our community and was a serious violation of our institutional policies and our communal values,\u201d the college\u2019s president, Rabbi Sharon Cohen Anisfeld, told the Jewish Telegraphic Agency. She added, \u201cRabbi Green\u2019s conduct and communication since the reported incident have not reflected a genuine understanding of the harm he has caused, nor has he undertaken a good faith process of teshuva,\u201d Hebrew for repentance. Green insists that he has not crossed a line since striking a retirement agreement with Hebrew College. Anisfeld did not describe the incident in Israel, or when it occurred source affiliated with Hebrew College said the college did not take steps to verify the incident. Green does acknowledge acting inappropriately with a male faculty member who was previously his student, and expressed regret about it. Stay updated with the latest news! Subscribe to The Jerusalem Post Newsletter Subscribe Now did something wrong,\u201d he told JTA. \u201cSo I\u2019m aware of that take responsibility for that.\u201d He also said he believed the incidents did not merit his ouster and questioned whether the allegations were used as a pretense to eject him from the school he shaped. School says Green violated agreement by writing to Green detailed the allegations against him and the events leading to his being barred from campus in a draft email he shared with on Friday and said he intended to send to his contacts. He sent an abbreviated version of the same email on Sunday afternoon. 2/17/25, 1:50 Rabbi Art Green barred from Hebrew College in sexual misconduct claims - The Jerusalem Post 3/11 In the email he sent, he wrote am, and have always been, a bisexual man\u201d and had \u201cmade the difficult decision to keep this private while still a rabbinical student nearly sixty years ago\u201d in order to build a career in the Jewish world. In the draft email, he had written that he had been looking for companionship after the 2017 death of his wife of 49 years. \u201cMy admittedly inappropriate loss of control was an expression of affection by a lonely old guy, not an assertion of power to demand or force sex,\u201d Green wrote in the draft. He also said that he believed he had been wronged by Hebrew College\u2019s handling of the incident consider myself a victim of the extreme \u2018Me-tooism\u2019 that has come to plague our society,\u201d he wrote in the draft, referring to the movement to hold perpetrators accountable for sexual misconduct. He added that the faculty member \u201creported to Sharon he had \u2018felt some sexual tension\u2019 between us on prior occasions would just call it closeness.\u201d In the sent email, he acknowledged \u201canother unwanted kiss by me\u201d more than 30 years ago with a different person who he said was not a student take full responsibility for these encounters, my misjudgment of the situations, and the unintentional harm caused to people for whom cared,\u201d he wrote have communicated with them and sought to repair the harm am committed to ongoing awareness about this matter and exercising extreme caution in the future.\u201d Through representatives, the junior faculty member declined to speak about his experience has spoken to two people with whom he had shared his account but whom he had not asked to speak on his behalf.) He has retained attorneys, including Debra S. Katz, who is known for representing alleged victims of sexual assault such as Christine Blasey Ford, who accused now-Supreme Court Justice Brett Kavanaugh of sexual assault. The attorneys said in a statement that the faculty member had \u201cparticipated in a restorative justice process with Rabbi Art Green. As part of that process, our client and Rabbi Green agreed they would alert the other party before making any public statements. We are disappointed that Rabbi Green has failed to adhere to that commitment, forcing our client to hear through the grapevine of the narrative Rabbi Green is advancing.\u201d 2/17/25, 1:50 Rabbi Art Green barred from Hebrew College in sexual misconduct claims - The Jerusalem Post 4/11 Previous retirement announcements made allusion to \"a private personnel matter\" The first public sign of allegations against Green came in May 2022, when he and Anisfeld sent separate messages to the Hebrew College community announcing his retirement. In Green\u2019s email, sent first, he mentioned \u201ca private matter concerning an incident that occurred some time ago, which involved an act on my part that deeply impacted a colleague in our community.\u201d He added feel badly about that situation, and that too has contributed to my decision to retire this year.\u201d Anisfeld\u2019s email, arriving a little less than an hour afterwards, also referenced \u201ca private personnel matter that deeply impacted another valued member of our Hebrew College community\u201d as part of a \u201ccombination of factors\u201d influencing the timing of Green\u2019s retirement. But the email also lauded Green and his contributions to Hebrew College know we will continue to be blessed by Art\u2019s lasting influence as a teacher, mentor, scholar, and friend,\u201d she wrote. Neither email provided any details about the \u201cpersonnel matter\u201d; both emails said Green and another party were involved in a \u201crestorative process\u201d with the community member and had requested privacy. The emails were referring to the faculty member who had previously been Green\u2019s student. Green wrote in his email draft that he and the faculty member were \u201cquite close\u201d from the faculty member\u2019s student days. He said he chose the student to be a research assistant on a large project and characterized his relationship with the then-student as a \u201cgrowing friendship.\u201d 2/17/25, 1:50 Rabbi Art Green barred from Hebrew College in sexual misconduct claims - The Jerusalem Post 5/11 An advance in a hotel room in Uman In the fall of 2019, some time after the student had been ordained as a rabbi and joined Hebrew College\u2019s faculty, Green allegedly made the first unwanted sexual advance, according to the two people with whom the faculty member shared his account. Green and the faculty member were among a group that had traveled to Uman, a city in Ukraine that is the burial place of the turn-of-the- 19th century Hasidic Rabbi Nachman of Breslov, and is a major pilgrimage site for his followers. Green\u2019s \u201cTormented Master,\u201d published in 1979, is considered a definitive biography of Rabbi Nachman. According to the friends with whom he shared his account, the faculty member \u2014 once the group had arrived at their hotel \u2014 found himself in a room alone with Green, who proceeded to make an unwanted sexual advance on him. One of the friends, a former classmate, told JTA, \u201cThey were there, and Art made a sexual advance toward my friend physically.\u201d The classmate added, \u201cMy friend stopped him and then has spent the next many years of his life trying to put it back together again.\u201d Green denies that he crossed any boundaries in Uman and said any accusation that he committed sexual misconduct on that trip is \u201cabsolute nonsense.\u201d He said people in the group were pairing off to share hotel rooms, and that he had offered to split a room with the faculty member. Once it became clear that there was no need for the two to share a room, he claimed, they slept in separate places. He did not reference the Uman incident in either version of his Sunday email pray at the tomb of Rabbi Nachman of Breslov in Uman during the celebration of Rosh Hashanah in September 2017. (credit OGIRENKO/REUTERS) 2/17/25, 1:50 Rabbi Art Green barred from Hebrew College in sexual misconduct claims - The Jerusalem Post 6/11 \u201cSince this person \u2026 is an out gay man thought other people might be uncomfortable sharing a room with him,\u201d Green told JTA. \u201cSo said that would. It then turned out there was an extra room and we did not share a room. That\u2019s the end of the story. Nothing happened.\u201d Green says second incident took place at his home after smoking marijuana together The second incident occurred that December and, according to Green\u2019s email draft, is the allegation that prompted Hebrew College to initiate disciplinary action against him. Green acknowledged, in his email draft and to JTA, that he kissed the faculty member \u201cin a way shouldn\u2019t have\u201d while the two were in Green\u2019s Boston-area home. Green attributed his behavior to having smoked marijuana with the faculty member. He said the faculty member had given him the drug, which felt particularly strong. He wrote in his email, \u201cWhat began as an expression of genuine affection was completely inappropriate and out-of-bounds to our relationship accept responsibility for my behavior and regret it deeply.\u201d But he added in the draft that had the faculty member felt any discomfort, Green expected him to resolve the situation privately figured that if he was upset, he would let me know, but he didn\u2019t,\u201d Green wrote in the email draft. Subsequently, Hebrew College administrators informed Green that he had been accused of misconduct private mediation process did not resolve the problem According to Green, the college and the faculty member\u2019s attorneys, the college attempted to resolve the issue through a private mediation and reconciliation process between Green and the faculty member. In the email she sent to the Hebrew College community this month, Anisfeld described the allegation as an \u201cunwanted and distressing sexual advance, which was viewed as a breach of personal and professional boundaries.\u201d After learning of the alleged misconduct, Green said Anisfeld imposed several penalties, including suspending him from faculty meetings, asking him to engage in a guided conversation with the faculty member, and requiring that he sign a 2/17/25, 1:50 Rabbi Art Green barred from Hebrew College in sexual misconduct claims - The Jerusalem Post 7/11 statement saying he would not be alone in a room with a student with the door closed. Green said he acceded to all of the penalties. Then, at the end of 2021, Green says Anisfeld called him into her office and informed him that he was to retire in the coming year was, of course, close to retirement anyway, but did not like this feeling of being pushed out of a program that had created,\u201d Green wrote in the draft. \u201cEventually, however agreed, frankly because dealing with this matter had become so painful and distressing.\u201d Green was asked not to attend faculty meetings in December 2021 To JTA, Green said he had questions about the motivations behind his ouster. He said he had been distressed when a demand that he not attend faculty meetings in December 2021 was extended to the winter term in January 2022, when the Hebrew College community convened for a series of conversations about whether to change a policy that barred students with non-Jewish partners from attending the rabbinical school said to myself, \u2018How far does this \u2018He\u2019s uncomfortable with my presence\u2019 go?\u2019\u201d Green told JTA. \u201cBut then thought, well, Sharon and have different views on this intermarriage issue. She was very much for the change in policy, and she knew was quite strongly against it. So, she might have found this was a convenient way to exclude me from that conversation.\u201d He added can\u2019t prove that. But she told me no could not participate in that Zoom conversation because [the faculty member] would be unhappy with my presence. And think that was bulls**t, shall we say.\u201d Anisfeld flatly rejected the allegation. \u201cThe intermarriage policy process is completely irrelevant and unrelated to this matter,\u201d she told by email. The school removed the ban on interfaith relationships in January 2023. Green said Anisfeld and Hebrew College officials had escalated penalties against him over time. He said he had been barred from the two most recent Hebrew College graduations and had been kicked off a school listserv. He also said Anisfeld had asked him to participate in a \u201cpublic ceremony of confession,\u201d but he declined. 2/17/25, 1:50 Rabbi Art Green barred from Hebrew College in sexual misconduct claims - The Jerusalem Post 8/11 \u201cMy generation doesn\u2019t play that game and doesn\u2019t do that kind of thing,\u201d he told just found it distasteful.\u201d In recent years, a reckoning over sexual misconduct allegations has changed the norms and expectations for how institutions should respond to them, with a broad move toward greater transparency and increased understanding that misconduct can harm people beyond the direct victims. In a 2018 eJewishPhilanthropy essay, two advocates for \u201crestorative justice\u201d \u2014 a process for institutions to address sexual harassment allegations \u2014 described a \u201cconference or circle with survivors, offenders, and their support people\u201d as one possible avenue. \u201cIdeally, the person who has been harmed asks for restorative justice but, at times, offenders or people from the community inquire about convening a process,\u201d Alissa Ackerman and Guila Benchimol wrote in the essay. \u201cInclusivity and collaboration are central because restorative justice recognizes that people belong to communities and that the harm they have caused or endured impacts wide networks.\u201d Anisfeld did not respond to a question about a public ceremony. In their email announcing Green\u2019s campus ban, Anisfeld and the current and former chairs of Hebrew College\u2019s Board of Trustees blamed his unwillingness to complete all that was asked of him. \u201cAs an institution committed to the value \u2014 and the possibility \u2014 of teshuva, we have repeatedly asked Rabbi Green to engage in a communal process regarding this matter,\u201d they wrote. \u201cRabbi Green has declined, and he therefore has been prohibited from visiting campus, or attending Hebrew College programs and communal activities.\u201d Last week\u2019s email from the college leadership raised questions among some of those who received it. \u201cOne of the things that was curious to me is: Why do we need to know this?\u201d said Shaul Magid, a Jewish studies professor at Dartmouth College who counts Green as a friend and teacher and also said he holds Anisfeld in high regard. \u201cAll the letter can do is really tarnish Art\u2019s reputation at this point. He\u2019s already retired.\u201d Green says relations have been strained for years since the initial allegation Green said in his email that relations between him and Hebrew College had become strained in the years since the initial allegation against him. \u201cAlthough agreed to all conditions as stipulated by Hebrew College was surprised to find 2/17/25, 1:50 Rabbi Art Green barred from Hebrew College in sexual misconduct claims - The Jerusalem Post 9/11 additional demands and restrictions that felt, and continue to feel, vindictive and unnecessary,\u201d he wrote in the Sunday email. In the email, he also said Anisfeld sent the letter announcing his ban following \u201can alleged additional incident that occurred recently in Israel, thus supposedly justifying publicity on Hebrew College\u2019s part.\u201d In the letter from the Hebrew College leadership to Green last week, they wrote, \u201cThe College has also become aware of a report of conduct by you in a recent interaction with an individual in Israel that, as described to us, is concerningly similar to your admitted conduct during the Incident.\u201d Anisfeld did not offer details about that incident. Green and the two other men involved in what Green believes is the incident say it took place on Purim last year and involved an encounter at Green\u2019s home following a party celebrating the holiday. Green said he was \u201cvery drunk\u201d when he and another man began \u201ctouching each other, holding each other, not sexually, not genitally.\u201d Both he and that man told that their encounter was consensual third man in the room, who was then an acolyte of Green\u2019s, became alarmed. Through a representative, he told that he felt violated when Green \u201crevealed his physical desire for me and my friend\u2019s bodies.\u201d Previously, he had seen earlier requests for him to stay at Green\u2019s home \u201cas service to a holy rabbi, a kabbalist and theologian.\u201d He said he soon left but experienced the night as \u201ca soul-shattering crisis\u201d because of the nature of his relationship to Green served him as one would serve Rabbi Nachman or the Baal Shem Tov,\u201d two 18th-century Hasidic sages, the man said. He added, \u201cNot once did warning bells ring in my head.\u201d Green has written about rabbis who have been accused of abuse. In 2004, when Marc Gafni, a prominent rabbi in the Jewish Renewal movement, was accused of a wide range of sexual offenses, including having sex with underage girls, Green vociferously defended him in a letter to the editor of the New York Jewish Week. Praising Gafni as \u201ca creative teacher of Torah,\u201d he said that Gafni\u2019s misdeeds were long in the past and that Gafni had been \u201cbeen relentlessly persecuted for those deeds by a small band of fanatically committed rodfim,\u201d a term that in traditional Jewish texts refers to a would-be murderer who himself must be murdered. Two years later, multiple women in Israel said Gafni had lured them into sexual relationships using his power as a spiritual leader. Green, like other U.S. rabbis 2/17/25, 1:50 Rabbi Art Green barred from Hebrew College in sexual misconduct claims - The Jerusalem Post 10/11 who had initially stood by Gafni, dropped his defense. \u201cThe stories were from long ago, and he had rejected and outgrown that side of himself,\u201d Green told the Forward at the time. \u201cThese are now new cases and new investigations.\u201d Green had also warned about the dangers inherent in relationships between spiritual teachers and students. In a 2010 book outlining neo-Hasidic theology by reinterpreting traditional Jewish edicts, including the Seventh Commandment prohibiting adultery, Green wrote that spiritual teachers \u201calways need to be aware of human weakness, their own before that of all others.\u201d The book included a reminder for teachers: \u201cSexual energies are always there when we flesh-and-blood humans interact with one another, anywhere this side of Eden,\u201d he wrote. \u201cCheck yourself always. Be aware; know your boundaries. Precisely because good teaching is an act of love, the teacher is always in danger.\u201d He concluded, \u201cMake sure that all your giving is for the sake of those who seek to receive it, not just fulfilling your own unspoken needs, sexual and other.\u201d Related Tags rabbi Diaspora MeToo sexual misconduct 2/17/25, 1:50 Rabbi Art Green barred from Hebrew College in sexual misconduct claims - The Jerusalem Post 11/11", "9045_104.pdf": "beloved rabbi committed sexual misconduct. Here\u2019s why the reckoning needs to be public Rabbi Art Green, a founding former dean of Hebrew College, bristled at his behavior being brought to light Laura E. Adkins January 29, 2024 Several years ago, a mentor of mine called me. He wanted to know how he could advise a friend of his, a man whom multiple women had accused of sexual harassment, to get back on his feet. You know how this story goes. For years, it was an open secret that the man sexually harassed his female colleagues at work. Eventually, a newspaper ran an article about it. His next big project, funded by a woman, was scrapped, and institutions cut ties with him. When my mentor called me was not under the impression that his friend was interested in change and growth believed he was simply interested in getting back into society\u2019s good graces. This is often how it goes man in a position of power engages in sexual misconduct against a colleague or subordinate, and denies wrongdoing if he is caught. If he\u2019s really caught, he quickly begins calculating the minimum amount of contrition he can show to quickly return to his position. On Sunday, the Jewish Telegraphic Agency published a lengthy story on how Rabbi Arthur Green, the founding dean of Hebrew College\u2019s rabbinical school, was forced into retirement and barred from campus after he acted inappropriately with a former student, now a faculty member. (Allegations of a second incident of misconduct have emerged, which Green has denied.) Green expressed regret for his actions, which he characterized as \u201ccompletely inappropriate and out-of-bounds.\u201d But he also told the reporter that he considered himself a \u201cvictim of the extreme \u2018Me-tooism\u2019 that has come to plague our society have communicated with them and sought to repair the harm,\u201d he said, of those directly affected by his actions am committed to ongoing awareness about this matter and exercising extreme caution in the future.\u201d But the president of Hebrew College, Rabbi Sharon Cohen Anisfeld, seemed at best skeptical of Green\u2019s repentance. \u201cRabbi Green\u2019s conduct and communication since the reported incident have not reflected a genuine understanding of the harm he has caused, nor has he undertaken a good faith process of teshuva,\u201d Anisfeld told the reporter, using the Hebrew word for repentance or return. It was clear whatever contrition Green had shown had not been quite enough. But even if it had been, it\u2019s disheartening to see the same story repeat itself over and over. It makes me hopeless about the future of accountability, and if any of our words have meaning. We have become very good at ticking off the boxes, saying that we have changed. We know how to say all the right words to make it sound like we take such things very seriously. Employees in New York, where live, are even required to watch a training video every year in which they are sternly told very obvious things \u2014 like that it\u2019s inappropriate to touch someone\u2019s privates in the office, distribute pornography, or blackmail a coworker if they don\u2019t want to sleep with you \u2014 and made to repeat the lessons back. And yet, these awful stories of sexual abuse keep surfacing, again and again. All of our pomp around making changes to our society seems to have done very little to actually change things. 2/17/25, 1:50 The public reckoning of Rabbi Art Green \u2013 The Forward 1/3 Making amends told that mentor who called me \u2014 fully knowing that my recommendation was unlikely to be taken seriously \u2014 that his friend should read Shaarei Teshuvah, the 700-plus page religious Hebrew tome that documents, in painstaking detail, the process of trying to truly get right with God, and failing. The author, Rabbi Yonah of Gerona, wrote the book after conspiring with Catholics to burn the books of the Jewish scholar Maimonides, with whom he had deep theological differences, in the public square. He spent the rest of his life trying in vain to atone do not support the breathless public censure of others for expressing \u201cwrong ideas.\u201d That is half the message take from Yonah\u2019s saga; he participated in one such censure, and paid for it understand why Green would object to the public dimension of his case. But bristled at Green\u2019s characterization of the matter. While he claimed to take responsibility for his actions, in a letter he sent to his own distribution list, he seemed to blame the influence of cannabis, his bisexuality, and even his struggle to process the death of his wife for his actions \u2014 and \u201cthis generation\u201d for his public reckoning. None of these things are an excuse recognize the age in which we live,\u201d Green wrote, frustrated that the research assistant upon whom he\u2019d made an unwanted sexual advance didn\u2019t want to work things out privately belong to a generation that still believes in privacy about such matters.\u201d Privacy about such matters is what every powerful person caught in such a situation wants, of course. But privacy provides no deterrence from them acting in such a way in the future, and no incentive to change society in which the conditions are such that leaders can commit sexual misconduct and feel no great remorse is not a society that is healthy for any of us. Because here\u2019s the thing: No one is entitled to a public platform, especially as a religious leader. And no one is entitled to public forgiveness. If someone has abused their position in power, the community deserves to know this, and come to an agreement as to what to do next. History shows us that many men caught in these positions soon recover some sort of power, even if it\u2019s not what they once had. Within the Jewish community, that\u2019s true even for figures like Rabbi Shlomo Carlebach, a religious leader credibly accused of sexual assault by several women and girls. Although his music is banned in some congregations, his melodies can still be heard in most American synagogues have a bitter taste in my mouth recalling each and every one of these incidents. And see no reason to believe that Green, like the powerful men who came before him, will ever believe that he is not the real victim here. Laura E. Adkins is a senior director at Jewish Women International and the former opinion editor of the Forward. Email her or follow her on X. @laura_e_adkins Laura.Elizabeth.Adkins adkinsdebate The views and opinions expressed in this article are the author\u2019s own and do not necessarily reflect those of the Forward. Discover more perspectives in Opinion. To contact Opinion authors, email opinion@forward.com Sponsored 2/17/25, 1:50 The public reckoning of Rabbi Art Green \u2013 The Forward 2/3 \"This smart drama shows how the personal and the political are fused at every step.\" \u2014The New York Times \"The Chef hits the spot worthwhile alternative to \"The Bear\"... but was made first.\" \u2014The New York Times \"From the tension and disputation of life in Israel emerges, perhaps not surprisingly, really good TV.\" \u2014The New York Times \"Never less than entertaining... Kafka is a show worth watching!\" \u2014The New York Times 2/17/25, 1:50 The public reckoning of Rabbi Art Green \u2013 The Forward 3/3"} |
8,945 | Israel Silva | California State University - Fresno | [
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We often hear about sexual harassment incidents in various industries like in the entertainment industry, the tech industry, the alcohol industry, and even the government industry. However, the problem manifests in other ways for people in academia. Faculty members face microaggression, discrimination, quid pro quo, and gender harassment from their colleagues or high-ranking school officials. Bullying and violence are rampant among students and in sororities or fraternities, not to mention sexual harassment and assault between professors and students. So why is this the case in higher education institutions? The reason can be pinned on many factors that exist in higher education systems. One of the most alarming trends in colleges and universities today is allowing a culture where unacceptable and inappropriate behavior is normalized. Offensive conduct goes unpunished, and reported incidences are brushed aside by school administrators trying to turn a blind eye to critical issues. Additionally, certain risk factors listed by the U.S. Equal Employment Opportunity Commission (EEOC) apply to higher education systems. One such risk is workplaces with significant power disparities. Universities and colleges follow hierarchies where power is relevant and mainly concentrated amongst higher-ranking positions. This inequality can increase the possibility of powerful school officials covering up an incident or abusing their power to create a hostile working environment for other employees. Concerned faculty or staff may feel frightened to be called whistleblowers because of retribution or retaliation. Another risk factor is workplaces with \u201chigh value\u201d employees. Tenure is often highly regarded in higher education institutions, which can be a huge conflict in handling cases. For instance, complaints are more likely to be ignored or dismissed if an incident involves a tenured professor. Tenured employees may 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 2/47 also deem themselves exempt from school policies. They may therefore feel empowered to act a certain way to other people on the campus. Project WHEN\u2019s research on the Critical Influences\u2122 that impact behavior in the workplace reinforces the idea expressed by the previously mentioned risk factors. Organizational structures with hierarchical levels can put low-ranking employees at a disadvantage, especially if those in managerial or supervisory positions are taking advantage of their power. This is why leadership behavior is a huge factor in creating a respectful work culture. It would be challenging to stomp harassment in the workplace if organizational leaders themselves are not committed to putting an end to it. Harassment is ingrained in higher education cultures, so how can we act against it? This post covers how school administrators, officials, faculty, and students can take a proactive approach against systemic harassment. You will also find a list of workplace harassment examples and cases in higher education at the bottom of this page. Students, faculty, and school officials are all affected by harassment, so what can leadership do about it? Considering the pervasiveness of harassment in higher education, doing the bare minimum will no longer suffice. In addition to law compliance and enforcing school policies against harassment, discrimination, bullying, and violence, it has become imperative for universities and colleges to address these systemic problems holistically. As emphasized by the Select Task Force on the Study of Harassment in the Workplace, \u201cPreventing harassment from occurring in the first place is far preferable to remedying its consequences.\u201d We at Project believe that 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 3/47 one of the most effective and greatest steps institutions can take to eliminate harassment is to act on it before it even happens. How is this possible? When it comes to work culture, it is crucial to cultivate a trusting relationship between all members of the organization. When there is trust, there is also an authentic sense of security. Faculty and students will feel safe stepping into the campus every day, knowing that no matter what happens, school leadership has their back. This is connected to establishing a sense of accountability in the workplace and campus. To hold the entire school accountable, it is important to articulate to all administrators, educators, students, staff members, and the community that the learning institution is genuinely committed to creating a safe space for everyone. By enrolling in the Organizational Certification, universities and colleges will be making a powerful declaration of their commitment to foster a harassment-free and respectful workplace. Importantly, through this certification, enrollees will be guided through a step-by-step process of exploring the best practices for preventing all types of harassment. We also believe that building a respectful work culture is the key to preventing workplace harassment. Advocating for this type of culture is most effective when it starts from leadership teams, cascading down to everyone in the community. Sitting down in an intimate setting to discuss the challenges experienced by higher education institutions today could be a great eye-opener, making stakeholders realize the significance of their role in the fight against harassment. If this sounds like something that would greatly benefit your institution, consider partnering with us to host a Project Roundtable within your campus or local community. We will work with you to create a forum where everyone feels safe to share their observations, ideas, and concerns about workplace harassment challenges and what can be done to overcome those. 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 4/47 What can employees and students do about it? In as much as leaders are expected to be responsible for preventing harassment in the workplace, faculty, school staff, and students have their own share of responsibility. Recognizing one\u2019s role in the fight against this pervasive problem goes a long way. If disrespectful behavior is being overlooked or even tolerated in the institution, acknowledging the situation is a crucial first step. Many people, however, find it difficult to speak up about what they experienced or saw for fear of retaliation. Whether one is a victim or a bystander, harassment is unforgiving. It has a detrimental effect on everyone within its reach. This is why awareness of employees\u2019 rights under the law is essential. Victims and bystanders must realize that speaking up about harassment or discrimination is protected under federal and state laws. Take advantage of all the resources available to educate yourself on the problem. If the school is offering bystander training and other types of educational sessions to tackle harassment issues, make sure to count yourself in on the program. If you are looking for additional resources and want to learn how the law offers protection to victims of different types of discrimination, refer to our resources to fight harassment in the workplace. This page contains our curated set of resources that can help the public begin their journey towards awareness. Driving change in our places of employment may seem like a long and impossible feat. Still, everyone has the power to make a difference. If you are interested in leading your organization towards a more respectful work culture, pursuing WHEN\u2122 Professional Certification can equip you with the necessary tools and knowledge that you need to be a workplace practitioner. How does Project help? Project is working hard to spread the important message and encourage organizations to create a more respectful work culture. While we believe that awareness is important, having a means to directly help victims of harassment would have a huge impact. It is why in addition to expanding our resources for 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 5/47 companies and employees, we are working on establishing a victim support hotline. We aim to offer support to victims by connecting them with someone who can guide them through what they can do to address the problem while being a pillar of emotional support. Our hope is to widen our reach and let everyone know that workplace harassment needs to end now, and if this is something one is battling with, help is available. If you find value in this cause, If you find value in this cause, consider supporting us by making a financial donation to help us further our work. As a 501(c)(3) nonprofit, we rely on financial support from corporations and individuals to enable us to continue on our important mission of making workplaces everywhere more respectful. Donations made to us are tax-deductible. Want to know about other ways that you can support us? Visit the following link to know how you can get involved with Project WHEN. Examples of Harassment in Higher Education Many colleges and universities are subjects of investigations and reports of harassment incidents today. Below are some of the most recent examples of harassment cases in higher education. Sexual Misconduct at Hebrew College \u2013 1/28/2024 Rabbi Arthur Green, the founding dean of Hebrew College\u2019s rabbinical school, has been banned from campus following allegations of sexual misconduct toward a former student who became a faculty member. Green retired in May 2022 after two decades at the Boston-area seminary, citing a private matter that contributed to his decision. However, Hebrew College\u2019s leadership recently revealed that the matter involved a report of an unwanted sexual advance by 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 6/47 Green. In an interview, Green admitted to inappropriate behavior but disputed additional allegations, including breaking a confidentiality agreement. Sexual Harassment Allegations at Franklin Pierce University \u2013 12/6/2023 Franklin Pierce University faces a lawsuit from a student, Jane Doe, who alleges that the university officials attempted to cover up sexual harassment complaints against Assistant Professor Jeffrey Waldron. The student claims Waldron made racist and sexist comments, touched female students without consent, and denigrated students with disabilities. The lawsuit contends that intentionally delayed taking action against Waldron, releasing the investigative report after the student had graduated, hindering the Title process. Waldron, part of the Masters of Physician Assistant Studies program, has not responded to requests for comment. Sexual Harassment and Disability Discrimination at Mercer University \u2013 12/6/2023 Mercer University placed chemistry professor Carlo Alfare on administrative leave following a series of complaints, including allegations of inappropriate sexual comments and mistreatment of students with disabilities formal investigation is underway into the claims made by students. Alfare, who has tenure, reportedly did not return to Mercer for the fall semester. Students detailed incidents where Alfare made inappropriate remarks and treated students with disability accommodations poorly. The investigation involves the college\u2019s Title coordinator, Marvin Carter, but he declined to comment on the case. Discrimination and Retaliation at Tufts University \u2013 11/7/2023 Tufts University School of Dental Medicine faced legal scrutiny when an associate professor\u2019s claims of discrimination and retaliation were dismissed by the 1st U.S. Circuit Court of Appeals. The professor alleged she was denied a promotion 27 days after reporting sexual harassment. The court ruled against her, citing a failure to establish sufficient qualifications for promotion and insufficient evidence of retaliatory intent by her supervisor. 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 7/47 Sexual Harassment at Linfield University \u2013 11/2/2023 Miles Davis, the first Black president of Linfield University, faced controversy over allegations of antisemitism and sexual harassment within the university, resulting in a $1 million legal settlement. During his tenure, the university expanded its campus and initiated diversity, equity, and inclusion efforts search for an interim president will commence, followed by a national search for a permanent president after Davis\u2019s departure. Sexual Harassment at Arcadia University \u2013 10/31/2023 Arcadia University has been found in violation of federal Title rules for failing to investigate alleged sexual harassment by a professor. The U.S. Department of Education\u2019s Office for Civil Rights (OCR) revealed that students and faculty reported that a male professor had harassed female students between 2018 and 2021. Students had also reported the behavior in course evaluations, describing the professor\u2019s inappropriate comments and creating a hostile environment. As a result of OCR\u2019s investigation, Arcadia University has reached an agreement and will be required to take several steps to address the situation, including assigning a third party to complete an investigation and offering remedies to individuals who filed the complaint if allegations are substantiated. Sexual Harassment at St. Xavier University \u2013 10/12/2023 Melvin Cornelius, who faced accusations of sexual harassment during his tenure as St. Xavier University\u2019s police chief, has been fired. Reports reveal that Cornelius had been placed on administrative leave due to complaints within the department, which led to numerous officers departing, citing the chief\u2019s alleged abuse of power. The culmination of these issues was an incident involving a security officer that resulted in Cornelius\u2019s dismissal. Sexual Harassment at Nichols College \u2013 10/3/2023 The president of Nichols College in Massachusetts, Glenn Sulmasy, has resigned amid allegations of sexual misconduct involving former students during his time at the U.S. Coast Guard Academy. These allegations came to light following a 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 8/47 report that detailed Sulmasy\u2019s alleged misconduct and recommended military court-martial charges against him in 2016. The charges were related to hundreds of sexually suggestive texts exchanged with a Coast Guard Academy student. Further allegations included inappropriate communications with another former cadet and violations of sexual harassment and civil rights policies. Nichols College\u2019s Board of Trustees accepted Sulmasy\u2019s resignation, and a third-party investigation is ongoing. Sexual Harassment and Racial Discrimination at Jackson College \u2013 9/25/2023 Jackson College was reported by students to have failed in addressing claims of racial discrimination and sexual harassment. One student, Na\u2019Tiyah Jones Montgomery, alleged that the college\u2019s internal investigation found an incident of inappropriate questioning by a college worker didn\u2019t meet the legal definition of sexual harassment. Surprisingly, Montgomery, who had filed the complaint, was terminated by the college. These actions have sparked protests among students who believe the college is attempting to conceal the allegations. Sexual Harassment at Liberty University \u2013 9/21/2023 Jerry Falwell Jr. has amended his lawsuit against Liberty University, alleging sexual misconduct, questionable financial dealings, and mistreatment of the Falwell family by high-ranking university officials. The lawsuit contends that Liberty University exploited Dr. Jerry Falwell Sr.\u2019s trademarked name and image without the family\u2019s consent. Falwell Jr. claims that Liberty\u2019s leadership has shifted away from his father\u2019s original vision and that it\u2019s damaging to the Falwell trademark to be associated with the university in its current form. The lawsuit also alleges that Falwell\u2019s ousting was orchestrated by members of the Executive Committee and Board of Trustees to gain control over the university and its endowment for their own benefit. Sexual Harassment at Michigan State University \u2013 9/10/2023 Michigan State University suspended football coach Mel Tucker without pay following allegations that he sexually harassed activist and rape survivor Brenda Tracy during a phone call last year, as reported by Today. University 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 9/47 President Teresa K. Woodruff and athletic director Alan Haller announced the suspension pending an external investigation. Tucker, in the third year of a $95 million, 10-year contract, could potentially be fired for cause if found to have violated the university\u2019s sexual harassment policy. This case adds to a series of high-profile sexual harassment allegations in the sports world. Sexual Harassment at George Mason University \u2013 9/2/2023 Former student Elyse Dorsey has accused prominent academic Joshua D. Wright of soliciting a sexual relationship in 2010, while another former student, Angela Landry, has echoed similar allegations. Wright denies wrongdoing and has filed a $108 million defamation lawsuit against Dorsey and Landry. George Mason University\u2019s law dean announced Wright\u2019s resignation following an investigation, and the university has since strengthened its rules regarding student-employee relationships. Additional women have accused Wright of sexual misconduct, and his actions have led to his termination by Google and Amazon. Sexual Harassment, Hostile Work Environment, and Retaliation at Northwestern University \u2013 8/22/2023 Northwestern University faced allegations of sexual harassment, a hostile work environment, and retaliation by a former research technician. The technician claimed that her supervisor at the university\u2019s medical school had subjected her to verbal abuse, including demeaning remarks about her work ethic, mental health, and sexual orientation. Despite these allegations, the court found that there was no tangible employment action taken by the university, such as firing or demotion, which would have supported a hostile work environment claim. Additionally, the technician voluntarily chose not to return to work following a medical leave, leading to the dismissal of her retaliation claims under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). Sexual Harassment and Hostile Work Environment at Case Western Reserve University \u2013 8/22/2023 Case Western Reserve University (CWRU) has resolved a federal investigation into potential Title violations by agreeing to implement policy changes, as confirmed by the U.S. Department of Justice. The investigation examined 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 10/47 CWRU\u2019s response to student complaints and social media reports alleging sexual harassment and a hostile environment within Greek life on campus. The agreement includes campus-wide reforms, publicizing Title policies, and policy adjustments for Greek life. Sexual Harassment and Gender Discrimination at Rollins College \u2013 8/15/2023 Rollins College has successfully defended against claims of bias in a sexual harassment investigation. The Court of Appeals for the Eleventh Circuit found that there was no discernible anti-male bias in the investigation against John Doe, a Rollins College student accused of sexual assault. The court upheld the exclusion of testimony from an expert witness and confirmed that there were no evident patterns of \u201cgender-biased decision-making.\u201d Sexual Harassment at Baylor University \u2013 8/13/2023 Baylor University has been granted a religious exemption by the U.S. Education Department, enabling the university to dismiss sexual harassment claims brought under Title regulations. This decision came after LGBTQ+ students lodged discrimination complaints against the university for its alleged failure to address incidents of homophobic harassment. Baylor contended that these claims clashed with its religious principles, and the exemption allows the institution to circumvent specific components of civil rights laws. Sexual Harassment at Penn State \u2013 8/12/2023 Zara Moss, a four-time All-American fencer, alleges that Penn State\u2019s retired fencing coach, Wieslaw R. Glon, engaged in continuous sexual harassment during her collegiate career. U.S. Middle District Judge Matthew W. Brann found that Glon \u201ccrossed the line between aggressive coaching and sexual harassment\u201d and that Penn State was aware of his conduct but failed to address it. The judge\u2019s ruling rejected defense motions to dismiss Moss\u2019s amended complaint, highlighting the seriousness of the allegations against Glon and the university\u2019s handling of the situation. 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 11/47 Sexual Harassment and Gender Bias at Penn State University \u2013 8/9/2023 Michael Nassry, a former male professor, filed a lawsuit against Penn State University alleging sex harassment and gender bias. However, the lawsuit has been dismissed. Nassry claimed that he experienced a hostile work environment and retaliation during his tenure at the university. The court ruled in favor of Penn State, emphasizing that the evidence provided by Nassry did not substantiate his allegations. Gender Discrimination and Retaliation at University of Arizona \u2013 7/8/2023 Michael Grabowski, a former student at the University of Arizona, filed a lawsuit against the university alleging harassment and retaliation based on his perceived sexual orientation. Grabowski reported that his teammates mistook him for being homosexual and subjected him to unwelcome names and mistreatment during his first year as a student. Despite reporting the harassment to school authorities, Grabowski faced further demoralization and mistreatment, including an incident where Director Fred Harvey allegedly physically confronted him and made derogatory remarks. Initially, the District Court dismissed Grabowski\u2019s claims, but the Ninth Circuit Court of Appeals ruled that Title protections could apply if the alleged harassment and retaliation were based on sex. Sexual Harassment at University of South Carolina \u2013 7/5/2023 David Voros, a former tenured painting professor at the University of South Carolina, has reached a resignation agreement with the university\u2019s Educational Foundation. Voros, who faced sexual harassment allegations in three separate lawsuits, will receive full state retirement benefits as part of the agreement. One lawsuit filed by former student Allison Duvanant was settled for $75,000, while the other two lawsuits are pending. Sexual Harassment at Berkeley \u2013 7/2/2023 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 12/47 Professor Nezar AlSayyad, a faculty member at Berkeley\u2019s architecture department, has had his suspension upheld by an appeals court following accusations of sexual harassment by a former graduate student, Eva Hagberg Fisher. AlSayyad\u2019s history with the university spans over three decades, and in 2018, he chose to retire instead of serving a three-year suspension without pay. Despite a group of defenders and claims of innocence, the court sided with Berkeley, finding evidence supporting the allegations of manipulative and harassing behavior. Sexual Harassment and Gender Discrimination at t Montgomery College\u2019s Takoma \u2013 6/28/2023 The professor at Montgomery College\u2019s Takoma/Silver Spring Campus subjected female students to sexual harassment by having them remove their shirts and wear only their bras during a role-playing exercise. Inappropriate comments were made about their bodies. The college placed the professor on paid administrative leave and conducted an investigation, ultimately confirming a hostile environment based on sex and terminating the professor\u2019s employment. The U.S. Department of Education\u2019s Office for Civil Rights resolved the investigation, requiring the college to notify all students, share survey results, and provide a summary of actions taken. Sexual Harassment at University of Maryland Medical System Corporation \u2013 6/26/2023 The Law Office of Christopher J. Smith has filed a complaint against the University of Maryland Medical System Corporation (UMMS) on behalf of a former secretary, alleging employment discrimination . According to the lawsuit, which was filed on May 12 in Maryland District Court, the plaintiff was forced to quit after his allegations of unwelcome sexual harassment were dismissed. The lawsuit seeks to address the alleged mistreatment and seeks appropriate legal remedies for the plaintiff. Sexual Harassment Allegations at University of Central Florida \u2013 6/2/2023 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 13/47 Maria Gambino has filed a lawsuit against the University of Central Florida, alleging sexual harassment by her superior, Krishna Singh. Gambino reported the harassment to the department, but her work hours were subsequently reduced. The university\u2019s investigation found that Gambino\u2019s claims were not made in good faith, as witnesses reported a potentially consensual relationship between Gambino and Singh. While evidence suggested Singh\u2019s involvement in workplace harassment, Gambino\u2019s behavior raised doubts about the sincerity of her claims. Hostile Work Environment, Pay Discrimination at University of Washington \u2013 6/14/2023 Union representatives from Local 4121 have accused the University of Washington (UW) of using unfair methods during a labor dispute involving research employees and postdocs. Approximately 2,400 workers are on indefinite strike, demanding raises in wages, child care support, and sexual harassment protections. The classification of postdocs for overtime, greater minimum pay, pooled child care money, and enhanced resources for avoiding sexual harassment are all important issues. The strike has gained support from politicians and U.S. Secretary of Education Miguel Cardona, while criticized the action for disrupting campus unity. Sexual Harassment at University of Oklahoma \u2013 6/13/2023 The University of Oklahoma is facing a lawsuit brought by a former academic advisor who claims she was forced to retire after months of sexual harassment by her department supervisor. The lawsuit details a series of inappropriate behaviors, such as late-night text messages and repeated offers for \u201cphone sex.\u201d Jane Doe claims that her boss retaliated against her by purposefully creating a hostile work atmosphere after she rejected his approaches. The lawsuit also claims that other colleagues, dating back to 2015, have been harassed by the same supervisor. Sexual Harassment at Temple University \u2013 6/7/2023 Antoine Smith, a former Temple University assistant football coach, has been accused of sexual harassment and is no longer employed by the university. Six 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 14/47 women, including three Temple students, have filed complaints against Smith and Temple University, alleging that Smith filmed them sleeping and showering while caring for his dog overnight. According to the women, university employees were aware of the misconduct but did not intervene. The investigation is being conducted by the Philadelphia Police Department\u2019s Special Victims Unit. Sexual Harassment and Misconduct at Juilliard School \u2013 6/8/2023 After an independent investigation discovered credible evidence of sexual harassment and misbehavior extending back to the late 1990s and early 2000s, the Juilliard School fired composer Robert Beaser. Former employee Lanell Greenberg accused Beaser, the former head of the composition faculty, and more than 500 musicians demanded his resignation. The investigation also revealed allegations against other composition faculty members Christopher Rouse and John Corigliano. Juilliard stated it is strengthening its policies on sexual misconduct and abuses of power, including prohibiting all romantic or sexual relationships between faculty and students. Sexual Harassment at Capital Community College \u2013 6/2/2023 According to materials obtained by under the state\u2019s Freedom of Information Act, former Capital Community College Program Director Daniel Tauber was found to have sexually harassed students, misused school email, and leaked protected student data. Tauber took advantage of his school email for personal reasons and threatened pupils with disciplinary punishment. He was reinstated as a consequence of a union deal, then resigned and retired, earning a state pension as a result. Sexual Harassment and Racial Discrimination at University of South Carolina \u2013 5/25/2023 Former athletics director Mike Bohn resigned amid an ongoing investigation of Trojan athletics\u2019 working culture. An outside law firm was conducting the probe, which was sparked by staff allegations about sexual harassment and misconduct. Prior to joining USC, Bohn was the athletic director at the University of Cincinnati, where he faced similar claims. An examination of 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 15/47 his behavior at Cincinnati revealed allegations about him creating a hostile atmosphere for ethnic and gender minorities, including allegedly disparaging remarks. Sexual Harassment at Alpena Community College \u2013 5/23/2023 former Alpena Community College student has agreed to settle a federal lawsuit against Alpena Community College (ACC) and instructor Daniel Rothe, whom she accused of sexual harassment. The college will pay $15,000 on Rothe\u2019s behalf through its insurance provider. As part of the deal, the former student, who had sought $75,000 in damages, agreed that did not engage in discrimination or retribution against her. The lawsuit was filed last summer and accused Rothe of having a sexual relationship with the student, which violated policies conducted an investigation but found insufficient evidence to support a claim of sexual harassment, though Rothe received a written reprimand and was required to undergo sexual misconduct and boundary training. Sexual Harassment at Weatherford College \u2013 5/5/2023 Shelley Gipson, a former Weatherford College employee, filed a sexual harassment and discrimination complaint against the college and its President, Tod Allen Farmer, in August 2022. Gipson said she was reassigned to separate departments after refusing Farmer\u2019s attempts during a December 2020 meeting. The college disputed all charges, citing Gipson\u2019s refusal to submit a discrimination or retaliation complaint within 180 days. In April 2023, the action was dismissed, with all of Gipson\u2019s claims \u201cdismissed on the merits with prejudice to refiling the same.\u201d Gender Discrimination at Bristol Community College \u2013 4/20/2023 Wayne Wood, the former police chief at Bristol Community College, settled a retaliation lawsuit against the institution for $600,000. Wood claimed that he was fired in October 2017 due to his testimony in a sexual discrimination lawsuit that resulted in a $1 million judgment against Bristol. Wood\u2019s lawsuit alleged that his firing was a retaliation for his testimony, and named Bristol President Laura Douglas, Vice President of Administration and Finance Steven Kenyon, 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 16/47 and Gina Yarbrough, a staff attorney for the Massachusetts Association of Community Colleges. The case was settled before going to trial. Sexual Misconduct at University of Colorado Boulder \u2013 4/15/2023 The University of Colorado Boulder Boulder) has agreed to pay $14 million to settle a lawsuit alleging misconduct by its football program. The lawsuit was filed by former students who claimed they were sexually assaulted by football players or recruits between 2001 and 2014, and that the university failed to adequately respond to their reports. As part of the settlement Boulder agreed to implement new policies and procedures to prevent and respond to sexual misconduct, as well as to provide support services to survivors. Sexual Harassment and Retaliation at Pennsylvania State University \u2013 4/13/2023 Michael Nassry, a former Pennsylvania State University assistant professor, changed his lawsuit against the university, citing sexual harassment, threats, plagiarism, and retaliation for reporting a coworker\u2019s embezzlement suspicions. Nassry quit Pennsylvania State University in June 2021 as Penn State did not respond to his allegations. Penn State asked the judge to dismiss Nassry\u2019s lawsuit, but the judge denied the motion, noting the new amended complaint. Sexual Harassment at University of South Carolina \u2013 4/11/2023 The University of South Carolina has reached a $75,000 settlement with Allison Duvanant, a former student who accused David Voro, a painting professor, of sexual harassment during a study abroad trip to Italy. Voro allegedly made sexual approaches to Duvanant during the vacation, according to the lawsuit. Voro has left the university, according to the university. In addition, Robert Richmond, a theater professor, is facing multiple sexual harassment and sexual misconduct allegations and has announced his resignation effective July 1, 2023. Bullying and Discrimination at University of Wyoming \u2013 4/8/2023 In a lawsuit alleging bullying and discrimination at the University of Wyoming, a judge denied anonymity to Kappa Kappa Gamma sorority women and a 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 17/47 transgender member. The plaintiffs were seeking monetary damages, and the judge stated that those seeking such damages could expect widespread publicity. Hostile Work Environment at Foundry in Colorado State University \u2013 4/6/2023 According to former employee Arlo Sanchez, the Foundry eating facility at Colorado State University has a hostile work environment with a \u201cboy\u2019s club\u201d attitude. Sanchez observed unwanted touching by male coworkers as well as a lack of repercussions for harassment. Sanchez also reported transphobia from coworkers and an inadequate response from their supervisor. Housing & Dining Services has mentioned efforts to foster an inclusive workplace. Gender Discrimination and Wrongful Termination at Arizona State University \u2013 4/5/2023 Courtney Martinez Connor, a former women\u2019s lacrosse coach, has filed a wrongful termination lawsuit against Arizona State University (ASU). Martinez Connor claims she was fired from because she complained about gender discrimination and Title breaches in the women\u2019s lacrosse program. Martinez Connor filed a complaint against Arizona State University. The lawsuit seeks damages and retribution charges, and has made no public comments on the matter. Sexual Harassment at Nicholls State University \u2013 3/28/2023 After students filed accusations claiming sexual harassment, Joseph Tokosh a geography professor at Nicholls State University was immediately suspended. Multiple students have accused the lecturer, of inappropriate behavior, prompting the institution to launch an investigation. Other students have spoken up about their contacts with Tokosh both in and out of the classroom, as well as on social media. Pay and Gencer Discrimination at San Bernardino \u2013 3/14/2023 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 18/47 San Bernardino and its administrators are facing a lawsuit that alleges violations of the state\u2019s Equal Pay Act, sexual harassment, and gender discrimination against female campus employees. The lawsuit was filed on Equal Pay Day by former campus administrators against President Tomas Morales, campus dean Jake Zhu, and the Board of Trustees. According to the lawsuit, former vice provost Clare Weber and other female vice provosts complained to Zhu and Morales about being paid less than their male counterparts. Weber, who had numerous assignments, found out that she was one of the lowest-paid vice provosts. The lawsuit alleges that Weber and other female employees were discriminated against and harassed based on their gender. Sexual Harassment and Retaliation at Westminster College \u2013 3/11/2023 senior at Westminster College, Naomi Kehl, has filed a lawsuit against the college and her soccer coach, Tony LeBlanc, claiming she faced retaliation after complaining about a \u201chot seat\u201d initiation. Kehl and other female soccer players were reportedly subjected to sexually explicit questions while riding the team bus. Kehl\u2019s lawsuit alleges that the coach and assistant Utah Attorney General engaged in sexist behavior by benching her as goalie after her father raised concerns with the university. The lawsuit further claims that Westminster College acted with willful disregard and severe negligence in how it handled Kehl\u2019s complaint. Kehl, who holds academic and athletic scholarships, is seeking damages for the harm she has suffered. Sexual Harassment Allegations Against Thompson Rivers University Executives \u2013 2/26/2023 Thompson Rivers University President, Brett Fairbairn, has expressed concerns about the impact on the university\u2019s reputation after a lawsuit was brought against a senior administrator. The lawsuit relates to allegations of sexual harassment and derogatory comments, which were investigated by the university. The investigation found Vice President Matt Milovick not guilty, while former human resources director Larry Phillips was also a target of the investigation. Phillips was fired by the university in December 2021, but no 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 19/47 reason has been provided for his termination. The university has stated that the firing was unrelated to the investigation or the complaints that sparked it. Racial Discrimination at Linfield University \u2013 2/7/2023 Former Linfield University English professor, Daniel Pollack-Pelzner, received a settlement of $1,037,500 from the university after being abruptly fired in April 2021. Pollack-Pelzner raised concerns about alleged sexual harassment and inappropriate contact by board trustees as well as the university president\u2019s remarks about \u201cJewish noses.\u201d Following his termination, he filed a lawsuit against Linfield University. The university contested Pollack-Pelzner\u2019s claims but ultimately agreed to the substantial settlement. Harassment at Thompson Rivers University \u2013 1/19/2023 The investigation into complaints against two senior administrators at Thompson Rivers University has been concluded. The complaints were made by current and former employees in February 2021 against Vice-President of Finance and Administration Matt Milovick and former Associate Vice-President of People and Culture Larry Phillips sub-committee of the university board received the report from two independent investigators on December 21, 2022, which looked into 55 accusations made by eight complainants. The report, which is over 500 pages long, found that one administrator was the target of 22 allegations, while the other administrator was the target of 33 allegations. Sexual Harassment at Chadron State \u2013 1/16/2023 The woman who was known as Jane Doe was awarded $300,000 in a Title civil rights lawsuit, after alleging that she had been sexually harassed and raped on campus. The case was heard by a three-judge panel of the federal 8th Circuit Court of Appeals and the defendant, Chadron State College, claimed to have satisfied its obligations to protect students from sexual harassment under Title IX. The defendant also raised objections to the jury instructions and an expert witness\u2019 testimony during the trial. Discrimination Allegation at Manhattanville College \u2013 1/14/2023 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 20/47 Petra Gardella, a transgender professor, is suing Manhattanville College for discrimination. The professor alleges that they lost access to school activities after an \u201cawkward\u201d transition from male to female, including asking coworkers about their wig choice. Gardella came out as transgender in December 2019 and changed their name and appearance, which reportedly caused amusement among coworkers. Manhattanville College declined to comment on the legal matter. Sexual Harassment at Westfield State University \u2013 1/13/2023 Following a sexual harassment lawsuit, a jury determined that Westfield State University must pay St. Peter $240,000 in damages. St. Peter filed a lawsuit against the university for damages after alleging that a coworker had harassed her sexually for months in 2018 and that the university had neglected to establish a secure workplace. Sexual Misconduct at University of Missouri \u2013 1/6/2023 The board of directors of the University of Missouri has agreed to pay $400,000 to settle a lawsuit brought forward by two women, known only as Jane Does 1 and 2, who claim that the university mishandled an investigation into allegations of sexual misconduct against a former basketball player, Terrence Phillips. The women, in their suit filed in 2019, accused Phillips of being a \u201cknown predator on campus\u201d and claimed that the university failed to properly investigate their complaints. They also alleged that the university \u201cengaged in a pattern and practice of behavior designed to discourage and dissuade students who had been sexually assaulted from seeking adequate prosecution.\u201d In response to an open records request, the university denied any wrongdoing but agreed to compensate the women. Sexual Harassment Allegations Against University of San Francisco \u2013 1/5/2023 federal judge has allowed a lawsuit to proceed that was filed by current and former baseball players at the University of San Francisco, who are accusing their coaches and the university of sexual harassment. The lawsuit, which was filed in March 2022, names the NCAA, the university, and former coaches 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 21/47 Anthony Giarratano and Troy Nakamura as defendants and alleges that they created \u201can intolerable sexualized environment\u201d through a variety of inappropriate behaviors, including appearing naked on the field or in windows, using abusive language, mimicking and discussing sexual acts, and handing out sex toys. The players also claim that they were punished if they did not participate in these activities. As a result of the allegations, the University\u2019s Athletic Director, McDermott, has resigned. Allegations of Sexual Harassment Against Nobel Prize Winner Philip Dybvig \u2013 12/19/2022 professor of banking and finance at Washington University who shared the Nobel Prize in economic sciences in 2022 is being investigated for sexual harassment. According to the report, Philip Dybvig was questioned by the Title office at Washington University, according to his lawyer Andrew Miltenberg. He also brushed off the accusations as \u201cprofessional rivalry.\u201d Racial Discrimination Allegations at Navarro College \u2013 12/12/2022 male former art professor at Navarro College whose contract was not renewed after a female professor falsely claimed he was inappropriate with female students will have his charges of gender discrimination and a hostile workplace heard by a jury. According to the District Court for the Northern District of Texas, there is a real dispute over the facts surrounding whether Jon Boles was terminated for making a \u201cracially-tinged statement,\u201d received less favorable treatment than other non-male employees, and was subjected to a negative employment action. Sexual Harassment at Ohio University \u2013 12/1/2022 The Ohio University Police Department was notified of a sexual harassment incident. According to the report, the incident occurred at OU\u2019s Bromley Hall. The alleged victim stated that they were approached for sexual purposes. The victims were able to notify the university police of the incident. Discrimination at University of Cincinnati -12/1/2022 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 22/47 The University of Cincinnati paid $130,000 to settle a discrimination lawsuit filed by a former Cincinnati health commissioner who claimed he was denied an interview for a professor position due to his race. Noble Maseru led the city\u2019s health department for a decade before retiring in 2016 and applying to UC. In 2018, he sued the school after failing to get a job or an interview. In court documents stated that Maseru lacked experience. However, the school reached a settlement agreement with him three days before the scheduled trial in the U.S. District Court. Sexual Harassment at University of Central Oklahoma \u2013 11/21/2022 Oklahoma largely defeated a lawsuit filed by a former student and cheer team coordinator who claimed the University of Central Oklahoma was illegally indifferent to their reports of sex harassment during a cheer team event. Sierra Rudman\u2019s claim against the state for deliberate indifference to known acts of sexual harassment was dismissed Nov. 18 because she failed to show the university had substantial control over parties at private residences. Calyn Boyd\u2019s Title retaliation claim was allowed to proceed by the District Court for the Western District of Oklahoma, but her constitutional rights claims were dismissed. Sexual Harassment at Washington State University Police \u2013 11/8/2022 Police Sgt. Matt Kuhrt, a Washington State University police sergeant accused of sexual misconduct while on duty in Pullman, has resigned. According to university officials, Kuhrt engaged in predatory grooming behavior, made sexually explicit comments and nonconsensual physical contact with coworkers, and engaged in sexual activities while on duty. According to officials, the police command staff failed to report the allegations to the university properly. Racism and Sexual Harassment at Bard College \u2013 11/1/2022 former professor at Bard College is suing the college for systemic racism and sexual harassment. The ex-professor identifies publicly as a lesbian woman of color. The woman claims that racism was observed during her employment interview on September 15, 2008, when Bard President Leon Botstein stated, 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 23/47 \u201cThere is a tremendous amount of hostility toward black people here at Bard.\u201d The professor claims that she repeatedly reported specific instances of racism and sexual harassment to the administration and that all of her complaints went unanswered. She claims she was subjected to a \u201cyear-and-a-half sham investigation\u201d in retaliation for her efforts to bring the instances of racism to light, which resulted in her termination. Sexual Harassment at Huntington University \u2013 10/17/2022 Huntington University issued its first public statement following the filing of a civil action by two former players alleging sexual harassment and the administration of unknown substances by a former coach. The 33-page lawsuit, filed on behalf of two former students on Sept. 30, claims Nicholas Johnson, the university\u2019s former head cross country coach and associate track coach, provided student-athletes \u201cLarry Nassar-esque massages\u201d and other sexual acts. Johnson allegedly administered unknown drugs into the former pupils\u2019 bodies against their will, according to the former students. Following the claims, the university fired Johnson in December 2020, according to the statement. Johnson\u2019s name was likewise taken out of the University Hall of Fame. Gender Discrimination and Harassment at Oxnard College \u2013 10/12/2022 Oxnard College President, Luis Sanchez, will step down after a months-long investigation into sexual harassment and misconduct charges. Following complaints of harassment, former Chancellor Greg Gillespie placed Sanchez on paid administrative leave. The investigation involves two accusations of unlawful but not criminal \u201charassment, on the basis of sex and gender\u201d and one complaint of \u201cmisconduct involving the Oxnard College Foundation.\u201d Sexual Harassment at Louisiana State University and Agricultural and Mechanical College- 10/5/2022 federal district court in Louisiana held the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College accountable to summary judgment on a female administrative coordinator\u2019s sexual and racial harassment claims under Title of the Civil Rights Act launched an 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 24/47 investigation and assigned her to a private workstation after she reported a slap on the buttocks by a veterinarian who she claimed had previously harassed her. Sexual Harassment at Weatherford College \u2013 9/21/2022 In a lawsuit filed against Weatherford College, a former employee claims that the college\u2019s president, Tod Allen Farmer, subjected her to sexual harassment and retaliation. According to her lawsuit, Shelley Gipson worked as the college\u2019s external relations officer from September 2020 to July 2021. Gipson claims that she was subjected to sexual harassment and a hostile work environment from the beginning when Farmer told her she would be ideal for the job because she was not married or dating anyone. Sexual Harassment Allegations Against University of Central Florida\u2019s Physician \u2013 8/31/2022 Following two complaints about his behavior, including allegations that he invited nurses to join him at nudist attractions, a University of Central Florida (UCF) physician is receiving one-on-one mentoring sessions with the medical school\u2019s dean. Dr. Virgil Dawson, a 69-year-old assistant medical professor who has worked at the University of Central Florida since 2014 and is paid $215,000 per year, was the target of the complaints last year. According to a pair of reports on the investigation\u2019s findings released this summer, the school determined Dawson did not violate any school policies in either complaint. According to spokesman Mark Schlueb, he had no prior complaints in his personnel file. Gender Discrimination and Sexual Harassment at Southern Utah University \u2013 8/31/2022 professor at Southern Utah University is being sued for gender discrimination. Richard Bugg, a tenured professor, refused to use one of the students\u2019 preferred they/them pronouns. Title is the federal law that prohibits gender discrimination in education. According to court documents, Bugg used female pronouns accidentally two or three times and attempted to avoid using pronouns altogether. The university investigated and sanctioned Bugg\u2019s actions, claiming they amounted to sexual harassment. 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 25/47 Mishandling of Sexual Harassment Complaints at Roberts Wesleyan College \u2013 8/31/2022 former Roberts Wesleyan College student has filed a lawsuit against the college. She claimed she reported a rape to school officials, who she claims mishandled her case by informing her alleged rapist. \u201cShe promptly reported what happened to the school,\u201d the attorney said. \u201cLike she was taught during her orientation.\u201d And they did not respond in the way she expected or in a way that was beneficial to her.\u201d Instead, the college tried to explain all of her options, and at the end of the meeting, the Title coordinator told her she could help her reach a \u201cbeautiful reconciliation\u201d with the person who assaulted her. Pay Discrimination and Sexual Harassment at Talladega College \u2013 8/26/2022 Talladega College was sued in federal court by three employees who claimed the college habitually neglected to pay them overtime and exposed them to a hostile work environment that included sexual harassment. According to the lawsuit, an offender assigned to Talladega College through a work release program in 2021 sexually harassed the employees, including unwanted fondling and caressing. The women feared losing their jobs and retaliation if they protested or reported the alleged incidents. Sexual Harassment at Michigan State Law School \u2013 8/15/2022 Judge Joseph Farah of Michigan has submitted his letter of resignation in response to allegations that Farah had sexually harassed Grace Ketzner, a former intern. During his time as a law student at Michigan State Law, Ketzner worked as a judge\u2019s intern. According to allegations, Farah told Ketzner that if they were alone, he \u201cwouldn\u2019t be able to control himself in a dark room.\u201d At MSU, Farah also taught law as an adjunct professor. Ketzner filed a Title complaint against the judge, and Michigan State\u2019s Resolution Office determined that Farah had broken academic and institutional policies against sexual harassment. Since then, Farah has quit his job at MSU. Sexual Harassment at Weimar University \u2013 8/11/2022 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 26/47 Former Weimar University employee, Melissa Osadchuck, filed a case in the Superior Court of California, County of Placer. The lawsuit alleges that her supervisor, Dr. George Araya, who was then vice president of academic affairs, sexually harassed her. According to the lawsuit, Weimar University allegedly \u201cfailed to take immediate and appropriate action\u201d after being informed of the misbehavior. Weimar University did not meet a request for comment on either the case or George Araya\u2019s present employment status. Sexual Harassment at East Stroudsburg University \u2013 7/26/2022 student has just filed a lawsuit against East Stroudsburg University in federal court over the school\u2019s alleged negligence in handling a sexual harassment and stalking incident on campus. In the lawsuit, a student claims another student stalked and harassed her outside her dorm in Hawthorne Hall in November. During the incident, she claimed to have called the university\u2019s emergency hotline three times, but no one ever returned her calls. The student claimed that after promptly informing the university and the Title coordinators of the incident, they failed to file a complaint even though they assured her they had. East Stroudsburg University cannot comment on any ongoing litigation. Misconduct at Washington State University \u2013 7/18/2022 Following an investigation into staff misconduct, the Washington State University (WSU) Police Department has appointed a new acting campus police chief is presently conducting a disciplinary investigation into claims of employee misconduct within the Pullman campus police department, according to a press release. The department\u2019s investigation\u2019s target is unidentified, but the vice president for public safety and police chief positions have been changed. Sexual Harassment at Shippensburg University \u2013 7/13/2022 director of testing at Shippensburg University reached a settlement with the university after complaining that a female colleague had repeatedly made inappropriate advances toward her. She claimed that the university initially disregarded her complaints and refused to reinstate her position. On August 11, 2020, Jane Doe initially sued Shippensburg University in the U.S. District Court 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 27/47 for the Middle District of Pennsylvania. On June 29, Brann announced that the case had been resolved. There was no disclosure of the settlement\u2019s terms. Gender Discrimination at Berklee College of Music \u2013 7/13/2022 Massachusetts federal judge ruled that a former professor at the Berklee College of Music who received sexual harassment complaints from students could proceed to trial in part of his case against gender discrimination that contested his suspension and dismissal after investigations into the complaints. Judge Patti B. Saris of the District Court for the District of Massachusetts ruled that Berklee must defend against claims based on federal and state law at trial. These claims arise from two investigations that resulted in the male professor\u2019s suspension and eventual termination. Sexual Misconduct at the College of Traditional Chinese Medicine Practitioners \u2013 6/22/2022 Following numerous allegations of sexual misconduct, the College of Traditional Chinese Medicine Practitioners has suspended an acupuncturist\u2019s license in Surrey. The college\u2019s inquiry committee began looking into Jordan Titchener\u2019s behavior on May 15, 2022, concerning the allegation that he had engaged in professional misconduct of a sexual nature during treatment with a former patient. The committee subsequently instructed the college to suspend his license during the investigation of the allegation and a possible hearing of the Discipline Committee to safeguard the public. Sexual Harassment at Iowa State University \u2013 6/16/2022 As a result of years of allegations that her department chair and his domestic partner made unwanted sexual advances toward her, Birdie Shirtclif, a former professor and lab director, has finally agreed to a settlement of $175,000 with Iowa State University. Shirtclif also agreed to resign as part of the settlement, but will continue to pay her wages and provide her benefits until the end of the year. Sexual Harassment, Discrimination, and Retaliation at University of North Dakota \u2013 6/8/2022 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 28/47 Dr. Fiona Axelsson, who was enrolled in Dr. Jason Myrmoe\u2019s Sanford residency program at the University of North Dakota, made claims in a lawsuit she filed in U.S. District Court in Fargo that her male residency supervisor harassed her continuously and that she was punished for reporting the behavior. Axelsson, whose residency contract was not renewed, alleges that her complaints of sexual harassment resulted in retaliation. Consequently, she claims she has struggled with her mental health, becoming severely depressed and suicidal. Sanford denied and refuted Axelsson\u2019s claims of sexual harassment, discrimination, and retaliation. Sexual Harassment and Pay discrimination at University of South Alabama \u2013 6/8/2022 Chief Zeke Aull, a University of South Alabama police chief, is now on a paid leave of absence while the investigation for his alleged sexual misconduct is ongoing contract worker for the department claims that Aull broke university rules regarding pay, contractors\u2019 employment, student workers\u2019 use, and unapproved remote work. Sexual Harassment and Retaliation at Angelo State University \u2013 6/8/2022 Brian May, former president of Angelo State University, abruptly left his position in 2020 after records show reports of sexual harassment and retaliation. According to the Lubbock Avalanche-Journal, the disclosure of university system records revealed \u201cmultiple workplace sexual harassments\u201d and a planned backlash that resulted in his abrupt resignation. Sexual Harassment at University of South Alabama \u2013 6/7/2022 Alexis Meeks-Rydell, the former head women\u2019s volleyball coach at the University of South Alabama, is the target of a second lawsuit submitted to a federal court. More sexual harassment allegations have been made public by a former University of South Alabama player. According to the lawsuit, Meeks-Rydell instilled a \u201cclimate of fear and intimidation\u201d among the athletes spokesperson of the University claims the school is aware of the case but has chosen not to comment because of ongoing litigation. 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 29/47 Gender Discrimination at Cornell University \u2013 6/2/2022 According to a federal appeals court, a former assistant physics professor who claims Cornell University disciplined him after a \u201cskewed\u201d investigation into a female student\u2019s sexual harassment claims can sue the university for gender discrimination. Mukund Vengalattore\u2019s Title claims were reinstated by the 2nd U.S. Circuit Court of Appeals in New York in a case that one judge described as an illustration of a \u201cdisturbing trend\u201d of threats to due process for university faculty who are accused of misconduct. Harassment at Norfolk State University \u2013 6/1/2022 Two former players for Norfolk State University\u2019s football team have filed federal lawsuits, claiming they were subjected to hazing, sexual assault, and harassment while participating in the program. According to both complaints, the defendants broke the Education Amendments of 1972\u2019s Title IX: hostile learning environment and purposeful indifference. Sexual Harassment Allegations of Former New York University Financial Aid Director \u2013 5/27/2022 The lawsuit, filed on May 27 in Brooklyn Supreme Court, claims that over the course of five months between September 2021 and February of this year, Brian Berry, the senior director of financial aid and scholarships at the Greenwich Village university, sexually harassed Paul R. Williams, a staff member in the financial aid office. Berry is alleged to have repeatedly asked his subordinate to strip or sleep with him while also making lewd remarks about his body. Allegations of Sexual Misconduct at Princeton University \u2013 5/20/22 Joshua T. Katz, a professor at Princeton University, is in danger of losing his job after a campus report claimed he didn\u2019t cooperate fully with a sexual misconduct investigation. Based on the conclusions of a 10-page report on the investigation into the allegations of sexual misconduct, Princeton University President Christopher L. Eisgruber suggests that the board of trustees fire Katz. 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 30/47 Sexual Harassment and Gender Discrimination at Queens University \u2013 5/17/2022 Queens University is being sued by a woman who claims that while a student, her golf coach outed her. The woman claims in the lawsuit that being forced out caused her to feel depressed and humiliated. She also claims that she was subjected to sexual harassment as a result of it. The lawsuit claims that the coach followed the athlete on social media and informed the athletic director that she was queer. When the student complained about the coach to Queens University administration, the university claimed the coach wasn\u2019t violating school policy. Harassment and Gender Discrimination at Oxnard College \u2013 5/11/2022 community college in Southern California named Oxnard College recently placed its president on paid administrative leave. According to a statement from the District, the Ventura Community College District officials received two complaints accusing Luis Sanchez of \u201cunlawful harassment, including on the basis of sex and gender.\u201d The District is conducting a fair, thorough, and impartial investigation into the matter as of this writing. Sexual Misconduct and Retaliation at Valdosta State University \u2013 5/3/2022 Jamie Bird claims that she received a written reprimand from Valdosta State University, stating allegations that she had criticized the value of technical colleges to high school guidance counselors. Bird claims this was sent after she claimed that her superior gave her an unwanted \u201cfull-body\u201d hug following a student\u2019s suicide incident. The university then silenced her and fired her using a planned reduction in force. According to Bird, these retaliatory actions were unlawful and violated the Georgia Whistleblower Act and Title VII. The Georgia public university system asserted before a federal court that Bird did not experience retaliation for reporting sexual harassment because decisions to fire her were made before any reports of misconduct. 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 31/47 Sexual Harassment and Retaliation at University of New Mexico \u2013 4/26/2022 The University of New Mexico will pay $800,000 to a woman who claims she was sexually harassed and then retaliated against by a fellow female employee. According to a lawsuit filed by the victim against the University of New Mexico hospital, the board of regents, the employee, and her supervisor, the harassment began almost immediately after she was hired in the hospital\u2019s finance department jury recently ruled in favor of the victim in that case demanding and the Board of Regents pay her $800,000. Sexual Harassment at Austin Peay State University \u2013 4/12/2022 Eric M. Norman, Austin Peay State University\u2019s vice president for student affairs, resigned following a complaint that he sexually harassed an employee under his supervision. The complainant alleges Norman engaged in \u201cinappropriate touching\u201d despite repeated requests of the complainant for him to stop. The university did not respond to a request for comment. Sexual Harassment and Retaliation at Kentucky State University \u2013 3/4/2022 Xavier Dillard has prevailed in his lawsuit against Kentucky State University jury unanimously ruled in Dillard\u2019s favor, supporting his claim that when fired him in 2018, he should have been protected by the state whistleblower law. During his time at KSU, a student informed him that Justin Mathis, the former director of admissions, had sexually harassed them. Dillard allegedly informed the board of this incident, but nothing changed. Later that day, he was fired by KSU. Dillard will receive approximately $161,500 in lost wages and $200,000 in emotional distress and damages. Sexual Harassment at University of Toledo \u2013 3/3/2022 unanimous panel of the United States Court of Appeals for the Sixth Circuit (Boggs, Clay, and White) ruled in favor of Jaycee Wamer, a University of Toledo student who claimed that school officials violated Title by showing deliberate indifference to her report that one of her professors harassed her. In May 2018, 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 32/47 Wamer and faculty member Kevin O\u2019Korn complained about unwanted sexual advances made by Eric Tyger, Wamer\u2019s instructor. The investigation was closed by the University\u2019s Title office without any action being taken. Gender and Pregnancy Discrimination at Towson University \u2013 2/23/2022 female gymnastics coach at Towson University in Maryland has filed a lawsuit alleging that she was fired because of her gender, while pregnant, and after complaining about being treated differently than male coaches. During the investigations, the coach complained that male coaches were treated better when more serious complaints were filed against them. The case is still in its early stages, and the University is attempting to have it dismissed. Sexual Harassment at Auburn University \u2013 2/18/2022 Rick Hansen, dean of Auburn University\u2019s Harrison College of Pharmacy, has resigned from his post after an article was published in the school newspaper detailing the alleged sexual harassment between Hansen and a student, including information provided by the student regarding a Title investigation. The Provost\u2019s Office will conduct an internal investigation. Harassment at Ferris State University \u2013 2/16/2022 Barry Mehler was placed on paid leave and informed that he was being investigated for violating the faculty contract and the university\u2019s employee dignity policy. During his 14-minute video announcing the new term, Mehler frequently used profanities and referred to them as COVID-19 \u201cvectors of disease\u201d. According to Ferris State, when an audience is a captive group of students, offensive speech is not protected by the First Amendment. The use of such profanity and discriminatory terms directed toward students and administrators exposes the university to potential Title claims of sexual harassment, according to Ferris State\u2019s attorneys. Sexual Harassment at Michigan State University Native American Institute \u2013 2/8/2022 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 33/47 Christie Poitra, interim director of the Michigan State University Native American Institute, is suing the university for sexual harassment that she claims has gone on for years. She accused her immediate supervisor, John Norder, of sexual harassment. Dan Olsen, a University spokesperson, said he couldn\u2019t comment on pending litigation. Sexual Harassment at Florida International University \u2013 2/4/2022 Florida International University President Mark Rosenberg resigned abruptly amid sexual harassment investigation. Rosenberg was the subject of an investigation into alleged sexual harassment of a younger woman he was working with. In response to the ongoing allegations has launched a website, where individuals can report sexual harassment and sexual misconduct, as well as a town hall meeting where the community can suggest solutions and provide feedback. Gender Discrimination, Pay Discrimination and Sexual Harassment at Aims Community College \u2013 1/24/2022 The Greeley-based Aims Community College has been named in three lawsuits alleging gender discrimination or sexual harassment. Patricia Rand, former associate vice president of academic affairs, filed a lawsuit in Weld County District Court. She claimed that she was forced to resign after 16 years at the college due to \u201cconstant gender discrimination and a hostile work environment lawsuit similar to Rand\u2019s was filed by Sarah Wyscaver, vice president of student engagement, inclusion, and success. She claimed gender discrimination and lower pay than men doing comparable work. Aims vehemently denies Wyscaver and Rand\u2019s allegations. Sexual Misconduct at Florida State University \u2013 1/21/2022 Dr. James Zedaker, associate dean of Florida State University and director of the COVID-19 clinic, has resigned amid an investigation into sexual misconduct. The report is based on the testimony of several women who claim Zedaker made inappropriate remarks and sent sexually explicit texts to them. The allegations sparked an immediate internal investigation by the Equity, Diversity, and Inclusion Office (EDI). 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 34/47 Gender Discrimination and Retaliation at Arizona State University 1/22/2022 Former Arizona State University women\u2019s lacrosse coach Courtney Connor is suing the university and the Arizona Board of Regents with claims of unlawful termination as a result of her reports of Title violations against the sports department. According to Connor\u2019s lawsuit, her supervisors, including former assistant athletics director Scottie Graham, expressed outrage about her reports of gender inequity inside the athletics department. Connor asserts that the athletic department subsequently created a hostile work environment for her and exacerbated gender inequities. Sexual Harassment and Retaliation at Harvard University \u2013 1/21/2022 John L. Comaroff, a professor of anthropology and African and African-American studies at Harvard University, was placed on unpaid administrative leave following an investigation into allegations that he violated the university\u2019s sexual harassment and professional behavior policies. Comaroff was placed on paid administrative leave in August 2020 following a Crimson investigation that discovered at least three female students had contacted the University\u2019s Title Office regarding allegations of unwanted touching, verbal sexual harassment, and professional retaliation against Comaroff. Retaliation at Purdue University \u2013 1/14/2022 The Indiana Northern District Court denied Purdue University\u2019s motions for summary judgment and will face the lawsuit brought by two former students alleging infringement of their rights after the university retaliated following their reports of alleged assault instances status conference is scheduled for Feb. 10. Sexual Harassment at Michigan State University \u2013 1/13/2022 Former Michigan State University professor James Kielbaso was revoked of his emeritus title when the university discovered he had sexually abused a student. 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 35/47 Kielbaso, a former professor from the Department of Forestry, was charged with sexual harassment and making inappropriate remarks on one of his pupils Sexual Harassment at University of Minnesota \u2013 12/18/2021 As part of a settlement agreement, the University of Minnesota will pay a former graduate student $75,000 in damages and attorney fees after the student was sexually harassed by a professor at the Humphrey School of Public Affairs. Additionally, the settlement requires the university to provide harassment and bystander training to students and faculty to enable them to identify and report sexual harassment and grooming. Sexual Harassment at Massachusetts Institute of Technology \u2013 12/8/2021 David Sabatini, a renowned cell biologist and tenured faculty member at MIT, was accused of sexual misconduct. According to the lawsuit, a former Sabatini grad student mentee and Whitehead Institute colleague claimed that the former professor \u201ccoerced\u201d her into having sex with him and fostered a \u201chighly sexualized and offensive laboratory environment.\u201d Sabatini is still a tenured professor and currently on leave. Sexual Harassment at Florida SouthWestern State College \u2013 12/2/2021 Dr. Leonel Mera, a professor at Florida SouthWestern State College, was fired in October for asking a student for a threesome and making sexually inappropriate comments in class. The student accused him of harassing her and creating a hostile classroom environment because of his frequent and vulgar sex-related discussions. Mera was also accused of harassing the student with sexual misconduct during office hours, according to officials who investigated the student\u2019s claims. Sexual Misconduct at Marine Leadership Academy \u2013 11/24/2021 Chicago Public Schools announced the dismissal of 12 employees as a result of new allegations of sexual misconduct at Marine Leadership Academy. According 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 36/47 to the investigation, several of those charged had inappropriate relationships with students, while others are accused of covering it up. The employees were fired as a result of new allegations shared with the Inspector General\u2019s Office. Sexual Misconduct at Fordham University \u2013 11/21/2021 Fordham University fired professor Howard Robinson after allegations that he masturbated during a lecture in September 2020. According to the lawsuits, Robinson was a tenured professor at the university\u2019s Graduate School of Social Service when graduate student Andrea Morin filmed a video of the teacher appearing to masturbate during a Sept. 10, 2020 class. Following the incident, Robinson was fired from the university. Hostile Work Environment and Retaliation at Florida Memorial University \u2013 11/19/2021 Wendy Ellis, who served as Florida Memorial University\u2019s Director of Community Engagement and Partnership Development from October 2019 to October 2020, filed a complaint in Miami-Dade circuit court on November 11 after alleging that president, Jaffus Hardrick, wrongfully fired her after she raised concerns about sexual allegations she made against Ernest T. Jones, the university\u2019s then- athletic director has declined to comment on pending litigation per school policy. Harassment, Discrimination, and Retaliation at Kern Community College \u2013 11/3/2021 Kern Community College District\u2019s former public safety director is suing for alleged harassment, discrimination, and retaliation after employees falsely accused him of having workplace romances. Christopher Counts\u2019 lawsuit also claimed that the district set him up for failure by refusing to fill assistant positions despite funding, cutting his pay, and reprimanding him without cause. The district declined to comment on matters involving ongoing litigation. Sexual Harassment at University of Wisconsin-Whitewater \u2013 10/8/2021 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 37/47 Goettl Vander Pas, a former student at the University of Wisconsin-Whitewater, has filed a lawsuit, accusing the university and System of failing to protect her and others from sexual harassment by Alan Hill, the husband of former chancellor Beverly Kopper. The university refused to give comments about the ongoing litigation. Sexual Harassment at Merchant Marine Academy \u2013 10/8/2021 Authorities in the United States are looking into allegations of sexual harassment against a 19-year-old member of the class of 2022 at the Merchant Marine Academy while she was serving her year at sea onboard a Maersk vessel. The Department of Transportation and Maritime Administration has launched an investigation into the incident and allegations that other cadets were sexually assaulted both at sea and on the ground, in Kings Point, New York. Maersk has also launched its own investigation and a review of its policies for cadets on its ships. Sexual Harassment and Racism at John Jay College of Criminal Justice \u2013 10/2/2021 Carlton Jama Adams, an associate professor at John Jay College of Criminal Justice, has been charged with sexually harassing Judith Sandrine Dikambi, a graduate student. Dikambi claims in court documents that Adams subjected her to an \u201congoing barrage of xenophobic, sexist, and vulgar remarks about her African ancestry.\u201d The lawsuit against Adams is still ongoing. Sexual Harassment Allegation at University of South Carolina \u2013 10/1/2021 David Voros, a professor at the University of South Carolina, will start to teach online classes again, despite being sued three times for sexual harassment by three distinct women, including two other faculty members and a former student. The former student has agreed to pay $75,000 in settlement, while the other two civil lawsuits are still currently undergoing. Voros will begin teaching online in the spring semester, earning $91,923, nearly 13% more than his 2019 salary of $81,681. Numerous students at the university have advocated for the professor\u2019s dismissal and expulsion from campus. 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 38/47 Sexual Harassment and Retaliation at San Jose State University \u2013 9/22/2021 After a sexual harassment investigation, the Department of Justice ordered San Jose State University to pay $1.6 million to student-athletes. According to the investigation failed to respond to the athletes\u2019 harassment claims. Additionally, the department discovered that retaliated against two employees who attempted to alert the university of the trainer\u2019s inappropriate behavior issued an apology letter to the victims. Sexual Harassment at Southern Illinois University Carbondale Athletics Department \u2013 9/15/2021 The Equity and Compliance Office has launched an investigation because of sexual harassment allegations by women\u2019s swim and dive athletes. According to the athletes their coach, Geoff Hanson, emotionally and sexually abused them since 2019. Liz Jarnigan, the athletic director, was fired due to his tolerance for sexual harassment. Sexual Harassment and Retaliation at University of Texas Dallas- 9/9/2021 former University of Texas lecturer\u2019s sexual harassment and retaliation suit was dismissed. According to the Texas appellate court, the lecturer was unable to prove that the university retaliated against him after he accused his supervisor of sexually harassing his research assistant. Sexual Harassment by the Former Volleyball Coach of the University of South Alabama \u2013 9/3/2021 Alexis Meeks-Rydell, former volleyball coach at the University of South Alabama was sued for subjecting volleyball players to sexual harassment and sexual, physical, and emotional abuse. Meeks-Rydell resigned from her post as volleyball coach and got her next job as an assistant coach at Purdue-Fort Wayne. She was immediately placed on administrative leave in her current job due to the lawsuit. 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 39/47 Sexual Harassment at Claremont Colleges \u2013 8/31/2021 Brittany Hiroto, a 33-year-old former employee of the Claremont Colleges, filed a lawsuit against the school in 2019 alleging she was fired after complaining about sexual harassment. Her sworn declaration indicated that she was sexually harassed by her immediate supervisor. Years later, both parties reached a settlement after Hiroto\u2019s attorney filed court papers asking for the case to be dismissed. Sexual Harassment at Yale University \u2013 7/16/2021 In 2020, six female doctors at Yale University filed a lawsuit against a male physician at the university alleging that he repeatedly subjected them to forced and unwanted kissing, groping, and retaliation. The suit has already been settled but no further details about the settlement were released. Sexual Harassment by a Michigan State University Professor \u2013 7/14/2021 An investigation found that David Foran, a professor at Michigan State University, has sexually harassed female students and retaliated against at least one woman for participating in the OIE. The university decided to fire him but before they had the opportunity to do so, Foran resigned. Sexual Harassment, Misconduct & Retaliation at Linfield University \u2013 7/13/2021 In May 2021, a New York Times reported that Dr. Pollack-Pelzner, a tenured professor at Linfield University who spoke out about sexual misconduct cases happening in the campus, was fired by the university. In this video interview, the professor, who calls himself a whistleblower, states that he will be moving forward with a lawsuit against the university. Sexual Harassment & Retaliation at Arizona State University \u2013 7/12/2021 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 40/47 In 2019, former senior associate athletics director Steven Cohen was dismissed for insisting that Arizona State University investigate the sexual harassment allegations made by three women against booster Bart Wear. Cohen is filing a lawsuit alleging that his dismissal was \u201cclear retaliation.\u201d Alleged Discrimination at Macalester College \u2013 7/12/2021 Ian Olson, a former Macalester College student has filed a lawsuit against the college alleging that he was discriminated against on the basis of sex and disability. The university reportedly expelled him after siding with Olson\u2019s girlfriend who filed a complaint against him. Olson claims that his girlfriend beat him to file a Title complaint and said that the college\u2019s procedures prevented him from fairly defending himself against her allegations. Sexual Harassment at \u2013 7/12/2021 After Oregon Health & Science University had settled a sexual harassment lawsuit with a former resident in 2018, the university is facing another lawsuit filed by the same person. The resident\u2019s attorney claims did not honor the settlement conditions it had agreed to provide to the female resident. The suit also alleges that discriminated against the woman based on her nationality. Alleged Sexual Harassment at Houston Community College \u2013 7/11/2021 Patricia Dodd, a former English teacher at Houston Community College, has filed a lawsuit against top leaders at the community college alleging sexual harassment. Dodd names two leaders who allegedly subjected her to quid pro quo harassment. The college has fired back with its set of allegations against Dodd. Sexual Harassment by a Harvard Professor \u2013 7/7/2021 In 2018, Economics professor Roland G. Fryer Jr. became the subject of investigations for allegedly engaging in sexual misconduct and fostering a hostile environment for women at the Education Innovation Laboratory. After a 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 41/47 two-year suspension, Fryer\u2019s teaching and research roles were restored with restrictions in holding any advisory or supervisory positions for the next two years. Sexual Harassment & Bullying by Syracuse Coach \u2013 6/30/2021 According to interviews with former Syracuse players and staff, Syracuse women\u2019s basketball coach Quentin Hillsman has engaged in bullying and shown inappropriate behavior to players which contributed to the program\u2019s high transfer rate in recent years. In response to these allegations, the school has announced that an investigation by an outside firm will be conducted. Harassment and Retaliation at Whittier College \u2013 6/27/2021 former Whittier College professor claimed in a lawsuit that she was wrongfully terminated for speaking out in favor of students who alleged they were sexually harassed by a longtime professor who headed her department Los Angeles superior court judge ruled that she can continue with the lawsuit by shoring up the sexual harassment-hostile work environment part of it. Harassment at University of Tennessee \u2013 6/25/2021 An investigation into three complaints by female employees against George Heddleston, former vice chancellor for communications and marketing at the University of Tennessee, concluded that he violated school policies on equal opportunity employment, sexual harassment, and other discriminatory harassment. Heddleston has resigned from his post and has not commented on the issue. Alleged Sexual Harassment and Retaliation at American University of Health Sciences \u2013 6/22/2021 Two former professors at American University of Health Sciences claim that they were wrongfully fired for investigating students\u2019 sexual harassment allegations against the school\u2019s founder. The professors took the nursing school to trial by filing a lawsuit against it. 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 42/47 Inappropriate Behavior by a Former Professor at Tarleton State University \u2013 6/17/2021 The Texan News Service, one of Tarleton State University\u2019s student publications, is known for publishing articles about campus crimes. But when it released a story about a former professor who allegedly harassed students, the professor\u2019s attorney demanded for the removal of the article. The university\u2019s investigation found that although the ex-professor did not sexually harass students, his behavior was \u201cinappropriate\u201d and an administrator had recommended he be fired. Mishandling of Harassment Complaints and Alleged Retaliation at Shreveport \u2013 6/17/2021 Chancellor Ghali E. Ghali has several complaints against him after allegedly retaliating against whistleblowers on sexual harassment claims from students. Due to the allegations, Ghali was removed as chancellor but was immediately reinstated. However, Ghali resigned a day after his reinstatement despite firmly denying the allegations made against him. Sexual Harassment at Old Dominion University \u2013 6/14/2021 Blake Bailey, a former professor in ODU, is being accused of sexually harassing four women while working in the university. More than 110 faculty members are denouncing the university\u2019s response to the professor\u2019s behavior and signed a letter demanding better action from the university. Alleged Sexual Harassment at Charlotte \u2013 6/13/2021 Charlotte is facing a lawsuit filed by a music professor who claims that a department chair sexually harassed him and his colleagues by touching them and making inappropriate remarks. When asked about the case called the allegations \u201cbaseless and without merit.\u201d The school\u2019s attorneys have asked for the case to be dismissed. Sexual Misconduct at Kentucky State University \u2013 6/12/2021 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 43/47 Several lawsuits have been filed against Kentucky State University involving its president and several of its administrators. One of the lawsuits alleges that the university wrongfully fired a whistleblower for complaining about other former university officials sexually harassing students. Another lawsuit alleges that President M. Christopher Brown used offensive language to refer to women\u2019s appearance. Sexual Harassment at Harvard University \u2013 6/10/2021 Harvard University has decided to ban anthropological archaeologist Gary Urton from the campus after an investigation found that he persistently subjected students and employees to sexual harassment. Victims express relief about the decision but also criticized Harvard\u2019s policy which heavily burdens victims to preserve evidence of harassment incidents to prove a case. Sexual Misconduct at Fresno State \u2013 6/9/2021 According to a university-sponsored investigation, Fresno State coach Troy Steiner and former assistant coach Israel Silva are involved in sexual misconduct allegations in a wrestling program. Silva is accused of sexually harassing student-athletes while Steiner failed to report a stripper party and accounts from affected student-athletes. Sexual Harassment at California State University San Marcos \u2013 6/9/2021 Four investigations involving Dr. Chetan Kumar, a professor, found that he sexually harassed his former teacher\u2019s aide and three other students. The University initially decided to terminate him. But because of an appeal from the professor\u2019s union, Dr. Kumar was not dismissed and was instead reassigned to an administrative position. Alleged Sexual Harassment & Racial Discrimination at Ohio University \u2013 6/8/2021 Yusuf Kalyango, a journalism professor at Ohio University, was found to have committed sexual harassment after two former students filed a complaint 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 44/47 against him. Despite these allegations, a special committee of the Faculty Senate recommended that Kalyango keep his tenure and be reinstated as a faculty member. The Ohio University board of trustees rejected such a recommendation and unanimously voted for Kalyango to be dismissed. Recently, Kalyango filed a lawsuit against the University alleging racial discrimination and said that the process was biased against him. Sexual Harassment & Retaliation at Louisiana State University \u2013 6/7/2021 Associate Athletic Director Sharon Lewis has filed two lawsuits against the university and several of its current and former administrators and board members. The lawsuits allege that she was subjected to years of retaliation and sexual harassment by former head football coach Les Miles. Aside from these lawsuits, the university is also under investigation for other scandals. Discrimination at City University of New York \u2013 6/7/2021 Two lawsuits filed against the City University of New York claim that the public university discriminated against a professor and a high-ranking employee. Years after the cases were brought to court is set to pay more than $1 million to settle the discrimination lawsuits while still not admitting to any wrongdoing. Gender Discrimination at Pacific University \u2013 6/2/2021 Pacific University placed education professor Richard Paxton on leave to investigate complaints claiming that he made offensive comments during class about gender, gender identity, and other protected characteristics. The professor called the investigation \u201cindefinite, unfounded, and unfair\u201d and filed a lawsuit against the university. University officials denied such allegations and said that the investigation will be pursued and will be completed soon. Racism and Sexism at The Virginia Military Institute \u2013 6/2/2021 Following a report from The Washington Post, Governor Ralph Northam together with other legislative leaders ordered an investigation to be conducted on the Virginia Military Institute. The final report found that this public military 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 45/47 institute is allowing a culture of racism and sexism and leadership is showing no signs of willingness to address the systemic problem. Pregnancy Discrimination at The College of New Jersey \u2013 5/30/2021 In 2019, a professor anonymously filed a federal lawsuit against the college alleging discrimination based on her pregnancies, gender, and nationality. However, the case has undergone delays while her decision to stay anonymous is being argued in court. This report discusses the issue of anonymity in filing lawsuits and how the professor\u2019s case will proceed. Sexual Harassment at The University of South Carolina \u2013 5/28/2021 University of South Carolina\u2019s decision to grant art professor David Voros sabbatical was controversial. Voros has been facing three lawsuits against him for sexually harassing and bullying students. Victims and other students are expressing disappointment over the university\u2019s actions. Sexual Harassment at The University of Central Oklahoma \u2013 5/19/2021 Six female students have filed a lawsuit against Theater Professor Karno Buss alleging sexual harassment. In an interview, several other students who are not part of the lawsuit also share similar experiences. Meanwhile students express their disappointment of the university\u2019s lack of substantial response to the allegations made against the professor. Sexual Harassment at the University of Michigan \u2013 5/19/2021 In November 2019, an investigation began against University of Michigan computer science professor Walter Lasecki due to allegations of sexual misconduct. Several students share stories on how Lasecki subjected them to sexual harassment recent announcement states that Lasecki will resign on August 30, 2021 and is barred from in-person contact with University of Michigan students effective immediately. Sexual Harassment at Northwestern University \u2013 1/31/2021 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 46/47 Hayden Richardson, a cheerleader at Northwestern University, has filed a federal lawsuit against the University. The suit alleges that she was groped by drunken fans and alumni and that the cheer team\u2019s head coach required female members to \u201cmingle\u201d with powerful donors for the school\u2019s financial gain. Richardson tried to raise the issue to university officials but they did nothing about it. 2/17/25, 1:50 Harassment in the Higher Education Sector - Project 47/47", "8945_102.pdf": "Fresno - Summary Report for EdSource - Non-Mgmt p. 1 File Text Pages Notes Search Sections Fit width Page 1 of 1 D... Fresno - Summa... 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 2/17/25, 1:50 Fresno - Summary Report for EdSource - Non-Mgmt | DocumentCloud 1/1", "8945_103.pdf": "The California State University system continues to wrestle with additional revelations of Title complaints following former chancellor Joseph Castro\u2019s resignation this year More sexual misconduct cases emerge at Fresno State The California State University system continues to wrestle with additional revelations of Title complaints following former chancellor Joseph Castro\u2019s resignation this year 3, 2022 \u00b7 \ue92e3 \ue917 \ue93f \ue940 2/17/25, 1:51 More sexual misconduct cases emerge at Fresno State 1/6 Education trade publication EdSource published case summaries of 54 employees that were named in sexual harassment reports from 2017 to 2021. That included three Fresno State employees which resulted in one termination. On May 31, 2018, gardening specialist Theodore Woods was reported in a complaint for incidents ranging from 2016 to 2018. Woods was accused of sexual harassment, as well as the unwelcome conduct of sexual nature including inappropriate comments, asking personal questions and holdings hands and not letting go. Fresno State suspended Woods for 10 days and required him to take three sessions, online and in-person Title training and mandated that he stay away from the complainant. International Admissions and Recruitment Coordinator Danny Wan was the subject of a report on Feb. 19, 2019, for an incident that occurred one week earlier. Wan was accused of sexual harassment and an intimidating and hostile work environment by spreading rumors about the complainant\u2019s personal life. Fresno State issued Wan a written reprimand. Former assistant wrestling coach Israel Silva was the subject of a report on Jan. 24, 2020, for incidents that occurred between September 2018 and December 2019. Silva was accussed of sexual harassment, inappropriately encouraging and allowing student-athletes to engage in inappropriate behavior and failing to report it. He was also accused of engaging in inappropriate physical and verbal conduct of a sexual nature. Silva was fired in July 2020. 2/17/25, 1:51 More sexual misconduct cases emerge at Fresno State 2/6 While the case summary does not explicitly detail the allegations against Silva, the Fresno State wrestling program faced an investigation two years ago for a stripper that danced at a party that involved potential recruits visiting the university. Fresno State eventually axed the popular wrestling program \u2013 along with men\u2019s tennis and lacrosse \u2013 in October 2020 in an effort to sustain the financial viability of the university\u2019s athletics programs. Along with Fresno State, Stanislaus State also had three reported Title incidents in recent years. Heavy equipment operator and bus driver Larry Stone was accused of making multiple inappropriate comments that constituted sexual harassment in January 2019. Stone underwent counseling on appropriate behavior and workplace policies and behaviors. Athletic trainer Dashiel Buntjer was accused of engaging in unwelcome conduct of a sexual nature, which was found to have created a hostile environment between June 2019 and February 2020. Stanislaus State did not renew Buntjer\u2019s contract when it was up for renewal. Maggie McCloud, a disability services for students advisor, was found responsibile for sexual misconduct, not sexual harassment. Stanislaus State found that she enganged in sexual activity without the complainant\u2019s affirmative consent. McCloud left the university prior to the conclusion of the investigation. 2/17/25, 1:51 More sexual misconduct cases emerge at Fresno State 3/6 Bakersfield claimed to not have any cases involving sexual misconduct or discrimination from 2017-2021. The focus on sexual harassment and Title cases within the system blew up after details involving former Fresno State Vice President of Student Affairs Frank Lamas were revealed about many sexual harassment complaints made against him during his tenure. Just a few weeks after the report, Castro \u2013 who served as the Fresno State president from 2013-2021 \u2013 stepped down just 13 months into the job. The California Legislature approved an independent state audit into the system to take place in the coming months. \ue949Share \ue94cTweet \uf0d2 Author Daniel Gligich Daniel Gligich is senior editor of The San Joaquin Valley Sun. Email him at daniel.gligich@sjvsun.com. 2/17/25, 1:51 More sexual misconduct cases emerge at Fresno State 4/6 Related Posts There's a new plan to pump up parks. Now Fresno just needs to pony up. The new parks master plan has a simple message: Open your wallet, Mr. and Mrs. Fresno , Fresno State prof. asks \u2013 does Fresno need a bomb squad? As the Fresno Police Department came under the microscope of the Fresno City Council, a Fresno State professor posed a stark question , What's Next For The Hotel Fresno Project? Fresno Hotel project is another piece of downtown revitalization, but many questions arise after September 27, 2018 council meeting 2/17/25, 1:51 More sexual misconduct cases emerge at Fresno State 5/6 \u00a9 2019 - 2025 The San Joaquin Valley Sun, a project of Valley Future Foundation, Inc. As pandemic panic wears down, we\u2019re voting with our tire tread It's important to recognize that the panic that kept people indoors in the middle of March has decidedly worn off. Now, we're taking to our cars again 2/17/25, 1:51 More sexual misconduct cases emerge at Fresno State 6/6", "8945_104.pdf": "By Nancy Price, Multimedia Journalist Published 3 years ago on August 2, 2022 Report: 3 Fresno State Staffers Among Dozens Disciplined for Sex Harassment in d, Big Homeowner Rate Hike From State Farm Shot Down by California Regulator Trump Order Threatens Federal Funds for Schools With COVID-19 Vaccine Mandates Poll: Where Adults Think the Government Is Spending Too Much 2/17/25, 1:51 Report: 3 Fresno State Staffers Among Dozens Disciplined for Sex Harassment in Wire 1/5 Fresno State disciplined one faculty member and two other staffers for sexual harassment and other complaints between 2016 and 2019, and they are among 54 California State University staffers named in sex harassment cases resolved between 2017 and 2021, EdSource reported Tuesday. According to the report, Fresno State took the following actions: Assistant wrestling coach Israel Silva, who was accused of sexual harassment, inappropriately encouraging and/or allowing student-athletes to engage in inappropriate behavior and failing to report; and engaging in inappropriate physical and verbal conduct of a sexual nature, was fired. Gardening specialist Theodore Woods, who was accused of sexual harassment, unwelcome conduct of a sexual nature including inappropriate comments, asking personal questions, and holding the complainant\u2019s hand and not letting go, was suspended for 10 days and ordered to attend three sessions and online and in-person Title training, and to stay away from the complainant. Danny Wan, the coordinator of international admissions and recruitment who was accused of sexual harassment, creating an intimidating and hostile work environment, and spreading ru- mors about the complainant\u2019s personal life, received a written reprimand. EdSource requested records from the system for sexual harassment cases and received them for 12 campuses, including Fresno State. Cases from another five campuses will be released later this month. The public records request followed the resignation of Chancellor Joseph I. Castro, who faced mounting criticism over revelations in a sex harassment case that he had failed to aggressively dis- cipline his friend Frank Lamas, then vice president of student affairs, when Castro was Fresno State\u2019s president and instead had written a letter of recommendation and paid him $20,000 in ex- change for Lamas\u2019 resignation. Read the EdSource story here Royal Caribbean to Launch First-Ever San Diego Cruises in 2026 What Is Field Hockey? Fresno\u2019s Sikh Comm Explains Fresno Sub Teacher\u2019s Immigration Queries of Students Spark Board Meeting Outrage Trump\u2019s Pick for Education Chief Outlines to Dismantle Department Nancy Price, Multimedia Journalist Nancy Price is a multimedia journalist for Wire longtime reporter and editor who has worked for newspapers in California, Florida, Alaska, Illinois and Kansas, Nancy joined Wire in July 2019. She previously worked as an assistant metro editor for 13 years at The Fresno Bee. Nancy earned her bachelor's and master's degrees in journalism at Northwestern University's Medill School of Journalism. Her hobbies include singing with the Fresno Master Chorale and volunteering with Fresno Filmworks. You can reach Nancy at 559-492-4087 or Send an Email 2/17/25, 1:51 Report: 3 Fresno State Staffers Among Dozens Disciplined for Sex Harassment in Wire 2/5 s / 1 day ago Mind-to-Text: How Is Learning to Decode Brain Signals Into Sentences / 1 day ago Urges Support for Companies Upholding Commitments / 17 hours ago Royal Caribbean to Launch First-Ever San Diego Cruises in 2026 Royal Caribbean International is set to make history by basing a cruise ship in San Diego for the first time. 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Fresno\u2019s Sikh Community Explains / 18 hours ago Sean Combs Sues Over Documentary That He Says Defamed Him / 18 hours ago European Detour Destinations Are 2025\u2019s New Travel Trend / 18 hours ago California\u2019s Aging Population Will Test Whether Its Demography Is Destiny / 19 hours ago Former Firefighter in the Legislature Has Ideas. Will Democrats Listen / 1 day ago Mind-to-Text: How Is Learning to Decode Brain Signals Into Sentences / 1 day ago Urges Support for Companies Upholding Commitments 2/17/25, 1:51 Report: 3 Fresno State Staffers Among Dozens Disciplined for Sex Harassment in Wire 4/5 2/17/25, 1:51 Report: 3 Fresno State Staffers Among Dozens Disciplined for Sex Harassment in Wire 5/5"} |
8,251 | Robert Wainberg | Piedmont College | [
"8251_101.pdf",
"8251_102.pdf",
"8251_103.pdf",
"8251_104.pdf",
"8251_105.pdf"
] | {"8251_101.pdf": "The Roar \u2022 April 24, 2019 \u2022 mayor-rick-austin-accuses-president-mellichamp-of-sexual-harassment/ Biology Professor & Demorest Mayor Rick Austin Accuses President Mellichamp of Sexual Harassment Former Biology Professor Robert Wainberg\u2019s case against Piedmont College has taken on a strange twist with fellow Biology Professor Rick Austin accusing Piedmont College President James Mellichamp of sexual harassment. Although this developing story began as a civil suit between a former professor and the college, the lawsuit began to dredge up allegations of corruption within Piedmont College. In an amended complaint filed March 28 by Julie Oinonen, Robert Wainberg\u2019s attorney, \u201cDefendant [Piedmont College] has sought to cover-up this information concerning the resident\u2019s violations of Title 9 policies from the College Newspaper and other local news publications.\u201d After a judge\u2019s formal refusal of Piedmont College\u2019s motion to strike all allegations that were \u201credundant, immaterial, impertinent, or scandalous\u201d from the record, such as the claim that President Mellichamp sexually harassed two individuals, Austin \u2014 who is also mayor of Demorest \u2014 filed an affidavit on March 13 confirming the allegations. The affidavit details Austin\u2019s account of sexual harassment he allegedly received at the hands of President Mellichamp. Austin claims, under oath, that he has \u201creceived unsolicited emails and/or statements\u201d from Mellichamp that were sexual in nature. These communications included either \u201csexual innuendo, sexual overture or were inappropriate in nature.\u201d The document includes a detailed description of the alleged assault occurring in August 2011 was in President Hollingsworth\u2019s Outer Office. At the time, Mellichamp was Vice President was talking to Debbie Zimmerman, the President\u2019s Secretary,\u201d Austin says in the affidavit. \u201cAs waited for the President to become available for a short conversation, Mellichamp approached and grabbed my buttocks remarking \u2018Oooh you\u2019re in shorts today\u2019 continuing to walk by into the President\u2019s inner Office.\u201d During the time of the incident, Austin says that President Mellichamp was his superior as Vice President of Academic Affairs. \u201cHis action was clearly overtly sexual in nature to me believe [it] constituted a sexual assault and an abuse of power,\u201d Austin says in point eight remember stating to Debbie Zimmerman \u2018Did you see that?\u2019 and she replied, \u2018Yes saw that.\u2019 Then said to her am uncomfortable.\u201d and she replied am uncomfortable too.\u2019\u201d Austin claims to have \u201cmade a complaint of sexual harassment to the President concerning Dr. Mellichamp\u2019s actions,\u201d and told former President, Danny P. Hollingsworth, that he did not want these actions to continue. \u201cAfter making my complaint of sexual harassment, no one from Piedmont College ever conducted an investigation addressing this issue.\u201d Austin believes that \u201cDr. Mellichamp has not just engaged in sexual harassment, but has deliberately covered up unlawful acts of sexual harassment.\u201d Austin claims to be aware of an incident in which a female employee was sexually harassed by a former male employee. He says that \u201cPresident Mellichamp dismissed her oral report and told her just need you to sit on this for awhile.\u2019\u201d At this time, there have been no further public documents, reports or statements from Piedmont College regarding the allegations. \u201cWe don\u2019t comment on pending litigation,\u201d said John Roberts, director of marketing and communication. Austin has also declined to comment. Regarding the original lawsuit, Austin claims that Mellichamp terminated Wainberg\u2019s employment \u201cin bad faith\u201d \u2014 Wainberg\u2019s employment was terminated on a Title 9 charge, which regards sexual harassment and assault. \u201cPresident Mellichamp, who is accusing Dr. Rob Wainberg of violating Title 9, has illustrated a blatant disregard for Title 9 through his own sexual harassing behaviors, reflective that his reasons for terminating Dr. Wainberg are not true reasons,\u201d says Austin am confident that Dr. Rob Wainberg did not violate Title 9 or sexually harass any student [have] known Dr. Robert Wainberg for many years, both as a student and a colleague met with President Mellichamp on Wednesday, April 25 in my capacity as mayor of Demorest,\u201d the affidavit states. \u201cAt the end of that conversation, Dr. Mellichamp spoke to me about when Dr. Wainberg intended to retire and if thought Dr. Wainberg would entertain being given a sabbatical. It was clear to me that the President and Piedmont College were looking for a clear exit strategy for Dr. Wainberg, a tenured professor.\u201d Austin said he is \u201cconcerned of retaliation from the President,\u201d and that \u201cboth my colleagues and myself are fearful of retaliatory behavior by the President and/or Piedmont College.\u201d The staff editors of The Roar chose to withhold from publishing this story in the print edition when it was originally written several weeks ago. To read why, click here.", "8251_102.pdf": "Demorest Mayor accuses Piedmont College president of sexual misconduct contractual dispute between a fired professor and Piedmont College has resulted in allegations of sexual misconduct against the school\u2019s president. Piedmont College biology professor and Demorest Mayor Rick Austin claims in a four page, sworn affidavit that Piedmont College President Dr. James Mellichamp sexually harassed and assaulted him. By Joy Purcell - April 5, 2019 | Updated: April 05, 2019 2/17/25, 1:52 Demorest Mayor accuses Piedmont College president of sexual misconduct - Now Habersham 1/3 The affidavit was filed on March 13 in Habersham County Superior Court. It\u2019s part of a lawsuit filed by Austin\u2019s former colleague, biology professor Dr. Robert Wainberg. Wainberg was let go from Piedmont College for allegedly sexually harassing a student. At the time of his dismissal, the tenured professor had worked at the college for thirty years. Wainberg claims he never sexually harassed anyone. He claims the administration terminated him on a trumped up charge from a disgruntled student in retaliation for his standing up to the administration over alleged corruption and bullying. Wainberg filed a lawsuit for breach of contract in August 2018. His attorney, Julie Oinonen of Williams Oinonen in Atlanta, contends it was Dr. Mellichamp, not her client, who engaged in sexual misconduct. In the lawsuit, she refers to the Title 9 claim against Wainberg as \u201can outrageous example of what is colloquially called \u2018the pot calling the kettle black.\u2019 \u201d Austin contends Dr. Mellichamp\u2019s alleged conduct is \u201creflective that his reasons for terminating Dr. Wainberg are not true reasons.\u201d In his sworn affidavit, Austin states, \u201cOver the years have received unsolicited emails and/or statements that Dr. Mellicahmp has made towards me that are sexual in nature.\u201d He claims the alleged emails included \u201ceither sexual innuendo, sexual overture or were inappropriate in nature.\u201d Austin further claims that when Mellichamp was Piedmont\u2019s Vice President for Academic Affairs, Mellichamp grabbed his buttocks and commented, \u201cOooh you\u2019re in shorts today.\u201d Austin says a secretary witnessed the incident. He says he complained to then- Piedmont president Dr. Danny Hollingsworth, but no one followed up on his complaint. Austin further alleges, among other things, that Mellichamp inappropriately touched a female student\u2019s rear end and covered up a complaint of sexual harassment against a member of his administrative staff. Now Habersham reached out to Dr. Mellichamp and college attorney Barbara Marschalk of Drew Eckl & Farnham of Atlanta to give them an opportunity to address the allegations. They did not respond to our requests for comment. On March 28, the judge denied a Defense motion to remove Austin\u2019s affidavit from the public record. Defense attorneys argue his claims are irrelevant to the case. Chief Superior Court Judge Russell Smith denied their request. He ruled the motion did not meet the legal standard required to limit access to court files. Judge Smith, did however, partially agree with the Defense on the point of relevance. He limited the scope of discovery in the case to include only those sexual harassment claims that \ue809 2/17/25, 1:52 Demorest Mayor accuses Piedmont College president of sexual misconduct - Now Habersham 2/3 were reported so that attorneys may determine how the college handled the claims. Judge Smith ruled that underlying facts and unreported claims are not relevant. Wainberg is seeking damages and compensation for lost income and attorney fees. The judge has scheduled a pre-trial hearing on the case for June 13 in Habersham County Superior Court. \ue809 2/17/25, 1:52 Demorest Mayor accuses Piedmont College president of sexual misconduct - Now Habersham 3/3", "8251_103.pdf": "The Roar \u2022 August 30, 2018 \u2022 former-biology-professor-sues-piedmont/ Wainberg v. Piedmont College: Former Biology Professor sues Piedmont Former biology professor Dr. Robert Wainberg is suing Piedmont College for wrongful termination. The 43-page lawsuit, filed August 20 in Habersham County Superior Court, enumerates several claims against the college including breach of contract and implied duty, and seeks Dr. Wainberg was hired in September 1988 as a tenure-track assistant professor of Biology. He was granted tenure in the academic year 1993-1994. In October 2004, the Piedmont College Board of Trustees terminated the tenure program without the knowledge or consent of Piedmont faculty and employees. Though Piedmont would no longer extend tenure, they would continue to honor the tenure of the professors who had previously obtained it. According to the Piedmont College Policies and Procedures Manual, which the Board of Trustees approved in April of 2018 (immediately before Wainberg says he learned of his termination), \u201cTenure is a mutual commitment between the college and the individual faculty member tenured faculty member may not be suspended or discharged from employment or reduced in rank except upon the grounds specified in this manual.\u201d Piedmont\u2019s policy states that, \u201cTermination may occur at any time during the academic year when a tenured or non- tenured faculty member\u2019s conduct is found to be seriously prejudicial to the College\u2026. For tenured faculty, such action will not be taken until the faculty member has had an opportunity for a hearing. Requests for a hearing are submitted in writing to the President within ten days of termination notice.\u201d The Roar reached out to Piedmont administration for comment but did not receive a response. In a response to the news site AccessWDUN, Piedmont\u2019s Director of Marketing and Communication John Roberts stated, \u201cPiedmont College will not comment on pending litigation.\u201d According to the lawsuit, Wainberg\u2019s employment was terminated on the grounds of a Title violation. Title is a 1972 civil rights law which refers to educational discrimination based upon sex, and which has come to commonly refer to sexual harassment and campus sexual assault. Wainberg was allegedly fired because he used language of a sexual nature in the classroom. \u201cDr. Wainberg has never sexually harassed anyone,\u201d Wainberg\u2019s attorney, Julie Oinonen, states in the lawsuit. On p.8, the suit alleges that Piedmont College administration encouraged a \u201cdisgruntled student,\u201d referred to as \u201cR.A.,\u201d who was unhappy with a grade he received from Dr. Wainberg to make the Title claim (R.A. declined to comment on the litigation or the claims therein). Students who had classroom experience with Dr. Wainberg expressed similar opinions feel as if Piedmont is unfairly firing a dedicated staff member and using the complaints of a few disgruntled students as a scapegoat to fabricate grounds on which to accuse Wainberg,\u201d senior biology major Robert Woodward said. One student described a shared tolerance for Wainberg\u2019s questionable classroom antics was truly shocked to hear about this incident,\u201d Said junior Biology major, Emmeline Lombard. \u201cWe\u2013 like all cohorts and departments here\u2013 are a very tight group. We were all aware of inappropriate comments made in Dr. Wainberg\u2019s classes, particularly Biology 1101, but we honestly felt like that was \u2018just Rob.\u2019 That was just his teaching style.\u201d The lawsuit addressed Wainberg\u2019s approach to the topic of sex in the classroom. \u201cDr. Wainberg, as a biology teacher, often has to teach about human biological responses, \u2026sexual reproduction, and all other aspects of biology that science professors are required to teach to young adults (not children) within a college classroom.\u201d Wainberg claims that Piedmont fired him in retaliation for speaking out against \u201cthe administration\u2019s violations of academic integrity,\u201d and that the administration had long been attempting to terminate his employment. The litigation also claims to bring to light corruption within the Board of Trustees. Policies prohibit Board members from serving within the same office for more than four years. Gus Arrendale, the lawsuit states, has been Chairman of the Board for nearly eighteen years. The lawsuit states that Arrendale appointed Mellichamp to be President of Piedmont College in 2013, and that Mellichamp \u201chas used the threat of termination without tenure to quash dissent and silence academic freedom of expression.\u201d Piedmont is contractually obligated to provide due process through a fair hearing before terminating a tenured professor, pursuant to the contract and university policies set forth in the faculty handbook. Wainberg asserts that he received neither proper written notice of termination nor a fair hearing believe this lawsuit is much bigger than my own situation,\u201d Wainberg said. \u201cThat a devoted professor and student advocate can be tossed aside so recklessly is unconscionable. By my dismissal, the administration is telling the community that Piedmont College has no respect for either academic integrity or the institution of tenure. This is not why we were trained to pass the torch of knowledge on to future generations. This is not our Piedmont College.\u201d", "8251_104.pdf": "Labor & Employment Law \u2026 Display News, as of: 02/22/2024 \ueb83Share \uebe8Like \ue239Follow \ueb82Print PROCEDURE\u201411th Cir.: Professor, allegedly sexually harassed by Piedmont University president, timely filed certain conspiracy charges, (Feb 22, 2024) By Jason Albright, J.D. The district court had concluded that the statute of limitations ran from the first overt act the professor alleged as part of the asserted conspiracy federal district court erred in finding that a former tenured biology professor at Piedmont University untimely filed suit as to certain overt acts in an alleged conspiracy to retaliate against him for filing a prior lawsuit against the university\u2014whose president allegedly sexually harassed him, among other things\u2014and to deter witnesses from participating in that lawsuit, the \uea04Law Firms Mentioned: Law Offices of Patrick W. McKee | Williams Oinonen In depth. On point. Home Areas Legal Directory About VitalLaw\u00ae Start your search here... Search Help Products Log in 2/17/25, 1:52 PROCEDURE\u201411th Cir.: Professor,... | VitalLaw.com 1/2 motion to dismiss El th Ci it f d Alth h th ti i In depth. On point. Home Legal Directory VitalLaw\u00ae 2/17/25, 1:52 PROCEDURE\u201411th Cir.: Professor,... | VitalLaw.com 2/2", "8251_105.pdf": "11TH v (2024) United States Court of Appeals, Eleventh Circuit. Dr. Robert H. WAINBERG, Plaintiff-Appellant, v. James MELLICHAMP, Thomas A. Arrendale, Thomas M. Hensley, Jr., Stewart Swanson, Dock C. Sisk, et al., Defendants-Appellees. No. 23-11680 Decided: February 21, 2024 Before Rosenbaum, Newsom, and Anderson, Circuit Judges. Julie Johanna Oinonen, Williams Oinonen, LLC, Atlanta, GA, Matthew C. Billips, Barrett & Farahany, LLP, Atlanta, GA, for Plaintiff-Appellant. Patrick W. McKee, McKee Law, Newnan, GA, Meredith Riggs Guerrero, Barbara Anne Marschalk, Drew Eckl & Farnham, LLP, Atlanta, GA, for Defendants-Appellees. Plaintiff-Appellant Dr. Robert H. Wainberg sued several officers and trustees of Piedmont University. He alleged that they (1) conspired (a) to retaliate against him for filing a prior lawsuit and (b) to deter witnesses from participating in that lawsuit and (2) negligently refused to prevent that conspiracy. The district court dismissed Wainberg's claims as time-barred. It did so based on its conclusion that the statute of limitations ran from the first overt act Wainberg alleged as part of the conspiracy. But under our precedent, each overt act triggers its own statute of limitations, so Wainberg's claims arising out of some overt acts were timely. So we vacate the district court's dismissal and remand for further proceedings \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/17/25, 1:52 v (2024) | FindLaw 1/13 Plaintiff-Appellant Dr. Robert H. Wainberg was a tenured biology professor at Piedmont University. Wainberg previously filed a separate lawsuit against Piedmont (the \u201cFirst Lawsuit\u201d). In the First Lawsuit, Wainberg alleged breach of contract and violation of the implied duty of good faith and fair dealing. Wainberg v. Piedmont Univ., No. 2:19-cv-00251. That case remains pending.1 In that lawsuit, Wainberg alleged that Dr. James Mellichamp, Piedmont's President, engaged in sexual harassment and discrimination and retaliated against Wainberg for opposing that conduct by terminating Wainberg's employment contract. Dr. Richard M. Austin, Jr., a former Piedmont biology professor, testified on Wainberg's behalf by deposition and affidavit. Austin testified that Mellichamp (1) purchased alcohol for minors and took them to a gay bar on a college-sanctioned trip, (2) made unwanted sexual overtures and sexual innuendos towards Austin, (3) sexually assaulted Austin by grabbing his buttocks, and (4) covered up a female employee's complaint of sexual harassment against a University Vice President. Austin also testified that he complained to Piedmont's then-President about Mellichamp's sexual harassment. But according to Austin, Piedmont did nothing. Then, Austin recounted, Mellichamp retaliated by targeting Austin's son (a student) and family with excess scrutiny and discipline. Other witnesses made similar allegations. Those witnesses, current and former Piedmont professors and students, testified that, among other things, Mellichamp (1) failed to act against a faculty member who was sexually harassing and stalking a student, (2) retaliated against another student for complaining of sexual harassment by a coach, and (3) terminated a faculty member who reported an administrator who was engaging in inappropriate conduct with a student. In response to Austin's testimony, Wainberg asserts that Piedmont's officers and directors\u2014including the Defendant-Appellees in this case\u2014retaliated against Austin to deter him and other witnesses from testifying in the future. Specifically, Wainberg alleges the following acts of retaliation, among others: 1. On March 14, 2019, the day after Austin's deposition, Dean Steven Nimmo sent an email to the chair of Austin's department asking if the chair had taken care of \u201cthe biology problem,\u201d a reference to Austin. 2. On May 1, 2019, Mellichamp submitted an affidavit accusing Austin of lying in his sworn testimony and attaching Austin's son's confidential Piedmont disciplinary records. 3. On June 13, 2019, Fred Bucher (Piedmont's Title Director at the time) emailed the City of Demorest, Georgia, (of which Austin was the Mayor) that Austin had a \u201cpersonal issue\u201d and was \u201ctrying to stick it to the college for some perceived wrong\u201d and that Austin needed to \u201cgrow up.\u201d 4. On August 7, 2020, Piedmont's General Counsel Patrick McKee sent a letter to Austin, the City Council, and City of Demorest employees threatening litigation based on the City's 2018 decision to raise water and sewer rates. Wainberg alleges that the lawsuit was actually motivated by Austin's testimony. 2/17/25, 1:52 v (2024) | FindLaw 2/13 McKee's letter insisted that any resolution would require termination of Austin's employment with Piedmont. 5. On November 23, 2020, Piedmont University filed a lawsuit against Austin seeking Austin's termination from Piedmont and his removal from his position as Mayor. Piedmont claimed that Austin's testimony in the First Lawsuit was false and in bad faith. Following his testimony, Austin sent an email to Piedmont's Title Office claiming that \u201cthrough the actions of President James Mellichamp \u2024 Piedmont has repeatedly engaged in retaliation, harassment, and intimidation.\u201d On August 7, 2022, Wainberg sued. He alleged that Defendants had (1) conspired (a) to retaliate against him for filing the First Lawsuit and (b) to deter witnesses from participating in that lawsuit, in violation of 42 U.S.C. \u00a7 1985(2), and (2) they had negligently refused to prevent the conspiracy, in violation of 42 U.S.C. \u00a7 1986. Defendants moved to dismiss Wainberg's complaint for failure to state a claim. They argued, among other things, that the statute of limitations barred Wainberg's claims. The district court granted that motion. Wainberg timely appealed To survive a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), a complaint must contain \u201cenough facts to state a claim to relief that is plausible on its face.\u201d Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007); see also Fed. R. Civ. P. 8(a)(2). In other words, a plaintiff must \u201cplead[ ] factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.\u201d Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). In the context of section 1985 conspiracy claims, \u201cconclusory, vague, and general allegations of conspiracy may justify dismissal of a complaint.\u201d Kearson v. S. Bell Tel. & Tel. Co., 763 F.2d 405, 407 (11th Cir. 1985). We review de novo the granting of a motion to dismiss for failure to state a claim. Newbauer v. Carnival Corp., 26 F.4th 931, 934 (11th Cir. 2022). For purposes of our review, we accept the complaint's allegations as true and construe them in the light most favorable to the plaintiff. Id. But we need not accept legal conclusions, even when they are \u201ccouched as \u2024 factual allegation[s].\u201d Iqbal, 556 U.S. at 678, 129 S.Ct. 1937 (quoting Twombly, 550 U.S. at 555, 127 S.Ct. 1955 statute of limitations bar is an affirmative defense,\u201d and a plaintiff is \u201cnot required to negate an affirmative defense in [its] complaint.\u201d La Grasta v. First Union Sec., Inc., 358 F.3d 840, 845 (11th Cir. 2004) (citation and internal quotation marks omitted), abrogated on other grounds by Twombly, 550 U.S. 544, 127 S.Ct. 1955. So dismissal on statute-of-limitations grounds is proper only where it is \u201capparent 2/17/25, 1:52 v (2024) | FindLaw 3/13 from the face of the complaint that the claim is time-barred.\u201d Id. (citation and internal quotation marks omitted); see also Isaiah v. JPMorgan Chase Bank, 960 F.3d 1296, 1304 (11th Cir. 2020 complaint need not anticipate and negate affirmative defenses and should not ordinarily be dismissed based on an affirmative defense unless the defense is apparent on the face of the complaint.\u201d). Here, the district court erred in determining that the statute of limitations barred Wainberg's conspiracy claims. A. The statute of limitations ran separately for each overt act in furtherance of the \u00a7 1985 conspiracy. Section 1985 \u201cprohibits conspiracies to intimidate parties or witnesses to federal lawsuits.\u201d Farese v. Scherer, 342 F.3d 1223, 1229 (11th Cir. 2003 civil conspiracy, in turn, requires \u201can agreement between two or more people to achieve an illegal objective, an overt act in furtherance of that illegal objective, and a resulting injury to the plaintiff.\u201d McAndrew v. Lockheed Martin Corp., 206 F.3d 1031, 1036 (11th Cir. 2000) (en banc) (quoting Bivens Gardens Office Bldg., Inc. v. Barnett Banks Inc., 140 F.3d 898, 912 (11th Cir. 1998)). Conspiracy claims under section 1985 share the forum state's statute of limitations for tort claims. Rozar v. Mullis, 85 F.3d 556, 560\u201361 (11th Cir. 1996). In Georgia's case, that's two years. See id. (citing ANN. \u00a7 9-3-33). But federal law determines when the cause of action for federal civil-rights claims accrues\u2014in other words, when the statute of limitations begins to run. Id. at 561. As a general matter, that occurs when \u201cfacts which would support a cause of action are apparent or should be apparent to a person with a reasonably prudent regard for his rights.\u201d Id. at 561\u201362 (quoting Mullinax v. McElhenney, 817 F.2d 711, 716 (11th Cir. 1987)). Here, the parties do not dispute the applicable statute of limitations but rather when the limitations period began to run. Wainberg contends that the statute of limitations ran separately for each overt act taken in furtherance of the conspiracy. Defendants disagree. They assert instead that the statute of limitations began to run on May 1, 2019 (the date of Mellichamp's affidavit), when Wainberg should have been aware of the alleged conspiracy, so Wainberg's suit is untimely.2 Wainberg is correct. In Mizell v. North Broward Hospital District, 427 F.2d 468, 475 (5th Cir. 1970), the former Fifth Circuit rejected the argument that the statute of limitations for a section 1985 conspiracy begins to run at the time of the first overt act, and no other overt acts during the limitations period can form the basis for a claim.3 The former Fifth Circuit then remanded the case to the district court \u201cto reinstate the case for further proceedings in light of our decision that the conspiracy charge is still viable as to\u201d the overt acts during the limitations period. Id.; see also DeLaughter v. Borden Co., 364 F.2d 624, 628 (5th Cir. 1966) (citing with approval a case that \u201cviewed each act of the defendant as a separate cause of action\u201d for statute of limitations purposes). 2/17/25, 1:52 v (2024) | FindLaw 4/13 Though we apparently have not since revisited this issue, Mizell remains binding prior panel precedent.4 See United States v. Archer, 531 F.3d 1347, 1352 (11th Cir. 2008). Our later decision in Rozar v. Mullis, 85 F.3d 556 (11th Cir. 1996), did not retreat from Mizell. Nor is it in conflict with Mizell. In Rozar, the plaintiffs alleged a section 1985 conspiracy (among other claims) by both county and state defendants. Id. at 558. Specifically, the plaintiffs claimed that the siting (by the county defendants) and permitting (by the state defendants) of a landfill in their neighborhood was racially discriminatory in violation of the Fourteenth Amendment. Id. We dismissed the plaintiffs\u2019 section 1985 claim against the county defendants as time-barred. Id. at 563. In doing so, we identified the \u201coperative decision amounting to the alleged constitutional injury\u201d\u2014in other words, the conspiratorial act underlying the section 1985 claim\u2014 as the County Board of Commissioners vote selecting the landfill site. Id. So, we reasoned, the statute of limitations ran from the date of that vote. Id. And any later action that the county defendants undertook, like exercising the option to purchase the landfill property, was merely a continuation of that \u201coperative decision\u201d rather than a discrete conspiratorial act supporting liability. See id.; cf. Delaware State Coll. v. Ricks, 449 U.S. 250, 258, 101 S.Ct. 498, 66 L.Ed.2d 431 (1980) (\u201c[t]he proper focus\u201d of the statute-of- limitations inquiry \u201cis upon the time of the discriminatory acts, not upon the time at which the consequences of the acts became most painful\u201d (alteration in original) (citation and internal quotation marks omitted)). Those actions, therefore, did not trigger a distinct limitations period. See id. By contrast, we found that the plaintiffs\u2019 section 1985 claims against the state defendants were not time- barred. Id. at 564. Rather, the state defendants had not participated in the site-selection vote, so their liability could not attach until either the date they made a site-suitability determination or the date they issued the final permit. Id. The plaintiffs sued within the two-year limitations period following either of those actions, so their claims were timely. Id. But even if we were to view Rozar as suggesting that the statute of limitations ran for only one of those allegedly conspiratorial acts rather than independently for each act, it is inconsistent with Mizell, and as our earlier precedent, Mizell controls. See MacPhee v. MiMedx Grp., Inc., 73 F.4th 1220, 1250 (11th Cir. 2023) (under the \u201cearliest case\u201d rule, when prior panel precedents conflict, the earlier case controls). But we read Rozar\u2019s result as entirely consistent with Mizell, so Rozar does not alter Mizell\u2019s clear application to this case. Though we have apparently not cited Mizell since its issuance, we continue to believe it is legally sound. For instance, Mizell\u2019s approach is consistent with several of our sister circuits.5 See Nieves v. McSweeney, 241 F.3d 46, 51 (1st Cir. 2001); Singleton v. City of New York, 632 F.2d 185, 192 (2d Cir. 1980); Dique v. N.J. State Police, 603 F.3d 181, 189 (3d Cir. 2010); Scherer v. Balkema, 840 F.2d 437, 439\u201340 (7th Cir. 1988); Gibson v. United States, 781 F.2d 1334, 1340 (9th Cir. 1986); Lawrence v. Acree, 665 F.2d 1319, 1324 (D.C. Cir. 1981).6 2/17/25, 1:52 v (2024) | FindLaw 5/13 And, though in a different context, the Supreme Court has also held that \u201c[e]ach discrete discriminatory act starts a new clock for filing charges alleging that act.\u201d Nat'l R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 113, 122 S.Ct. 2061, 153 L.Ed.2d 106 (2002). Morgan concerned the statutory period for filing Title discrimination and retaliation claims with the Equal Employment Opportunity Commission, id. at 105, 122 S.Ct. 2061, but it is instructive here. In that case, the Supreme Court declined to allow a plaintiff to overcome the statutory time bar for claims that were \u201csufficiently related\u201d to timely claims. Id. But as relevant here, it treated each \u201cindependently discriminatory\u201d act as starting a separate clock. See id. at 113, 122 S.Ct. 2061. And as Justice O'Connor explained in her partial concurrence, this treatment is consistent with the Court's approach in other contexts. See id. at 127, 122 S.Ct. 2061 (O'Connor, J., concurring in part and dissenting in part); Klehr v. A.O. Smith Corp., 521 U.S. 179, 189, 117 S.Ct. 1984, 138 L.Ed.2d 373 (1997) (for ongoing antitrust violations, \u201ceach overt act that is part of the violation and that injures the plaintiff \u2024 starts the statutory [limitations] period running again\u201d (citation and internal quotation marks omitted)). Given Mizell, as well as persuasive authority from the Supreme Court and our sister circuits, Wainberg's section 1985 claims based on overt acts that occurred on or after August 7, 2020 (two years before he filed his lawsuit), were timely. That said, any claims based on acts before August 7, 2020, are time-barred. But while these time-barred acts may not themselves form the basis of Wainberg's claims, Wainberg may still use \u201cthe prior acts as background evidence in support of\u201d his timely conspiracy claims. See Morgan, 536 U.S. at 113, 122 S.Ct. 2061. B. The continuing-violation doctrine does not apply to the untimely overt acts. We briefly address the district court's application of the continuing-violation doctrine to Wainberg's claims. We agree that the doctrine does not save the untimely overt acts. Under the continuing-violation doctrine, a plaintiff may \u201csue on an otherwise time-barred claim when additional violations of the law occur within the statutory period.\u201d Doe ex rel. Doe v. Swearingen, 51 F.4th 1295, 1305 (11th Cir. 2022) (quoting Ctr. for Biological Diversity v. Hamilton, 453 F.3d 1331, 1334 (11th Cir. 2006)). For instance, \u201c[i]f a defendant's actions violate a plaintiff's rights on a repeated or ongoing basis, then a cause of action may be timely even if the first violation took place outside the statute of limitations.\u201d Id. But we apply that doctrine only in limited circumstances. We \u201cdistinguish[ ] between the present consequence of a one time violation, which does not extend the limitations period, and the continuation of the violation into the present, which does.\u201d Id. (alteration in original) (quoting Calloway v. Partners Nat'l Health Plans, 986 F.2d 446, 448 (11th Cir. 1993)). The continuing-violation doctrine applies in only the second scenario. And the continuing-violation doctrine similarly does not apply when a plaintiff 2/17/25, 1:52 v (2024) | FindLaw 6/13 alleges \u201ca series of repeated violations that result in repeated harms.\u201d Id. at 1306 (citing Morgan, 536 U.S. at 113, 122 S.Ct. 2061). In those cases, \u201ceach new violation\u201d starts the clock on its own limitations period. Id. As we've explained, this case falls into the category of cases involving alleged repeated violations, each of which triggers its own statute of limitations. See id.; Helton v. Clements, 832 F.2d 332, 335 (5th Cir. 1987) (\u201cthe actionable civil injury to a plaintiff results from the overt acts of the defendants, not from the mere continuation of a [section 1985] conspiracy\u201d). So the district court correctly concluded that the continuing-violation doctrine does not apply. But because the district court did not consider the discrete statutes of limitations for each overt act, we remand so that it may do so For the foregoing reasons, we vacate the district court's order granting Defendants\u2019 motion to dismiss and remand for further proceedings consistent with this opinion 1. Specifically, the parties have completed discovery and filed cross-motions for summary judgment. 2. Defendants also argue that Wainberg has forfeited his claim that the statute of limitations runs separately for each overt act. To be sure, Wainberg did not explicitly articulate his argument or cite his principal case, Mizell v. N. Broward Hosp. Dist., 427 F.2d 468 (5th Cir. 1970), in the district court. But he argued that his claims \u201ccontinued to accrue, evolve, and culminate\u201d with the 2020 overt acts, so his suit is not time-barred. This does not amount to forfeiture. See, e.g., Yee v. City of Escondido, Cal., 503 U.S. 519, 534, 112 S.Ct. 1522, 118 L.Ed.2d 153 (1992) (\u201cOnce a \u2024 claim is properly presented, a party can make any argument in support of that claim; parties are not limited to the precise arguments they made below.\u201d); Sec'y, U.S. Dep't of Lab. v. Preston, 873 F.3d 877, 883 n.5 (11th Cir. 2017) (\u201cParties can most assuredly waive positions and issues on appeal, but not individual arguments\u2014let alone authorities\u2024 Offering a new argument or case citation in support of a position advanced in the district court is permissible\u2014and often advisable.\u201d). 3. All Fifth Circuit decisions issued before October 1, 1981, are binding precedent in this Court. Bonner v. City of Prichard, 661 F.2d 1206, 1207 (11th Cir. 1981) (en banc). 4. Defendants argue that Mizell is no longer binding. For support, they rely on Judge Tuttle's statement in a partial dissent that \u201cMizell is overruled sub silentio by failing to consider its application to the facts of the case.\u201d Blair v. Page Aircraft Maint., Inc., 467 F.2d 815, 821 (5th Cir. 1972) (Tuttle, J., concurring in part and dissenting in part). But a dissenting opinion cannot overrule prior panel precedent. 2/17/25, 1:52 v (2024) | FindLaw 7/13 And even if it could, Blair concerned a distinct aspect of Mizell: whether state or federal law governs the tolling of a statute of limitations. Id. 5. Some of these cases concern the statute of limitations for claims under section 1983 rather than section 1985. But because both statutes apply to civil conspiracies, and both borrow statutes of limitations from state law, Rozar, 85 F.3d at 561, their reasoning applies in both contexts. 6. Indeed, Lawrence cites Mizell to support the proposition that \u201cthe statute of limitations in a civil damages action for conspiracy runs separately from each overt act that is alleged to cause damage to the plaintiff.\u201d 665 F.2d at 1324 & n.7 CURIAM: 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 2/17/25, 1:52 v (2024) | FindLaw 8/13 v (2024) Docket No: No. 23-11680 Decided: February 21, 2024 Court: United States Court of Appeals, Eleventh Circuit. Need to find an attorney? 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7,531 | William K. Powers | Rutgers University | [
"7531_101.pdf",
"7531_102.pdf"
] | {"7531_101.pdf": "3RD v (2016) United States Court of Appeals, Third Circuit v ALMAN, jointly and severally David M. Oestreicher; Adriana Greci Green, Appellants No. 15-3793 Decided: December 08, 2016 Before: SHWARTZ, COWEN, and ROTH, Circuit Judges. OPINION* David M. Oestreicher and Adriana Greci Green (\u201cPlaintiffs\u201d) appeal the District Court's order granting summary judgment for the law firm of Carpenter, Bennett & Morrisey and attorneys Linda Celauro and \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/17/25, 1:52 v \u2026 1/13 Irving Hurwitz (collectively, \u201cCBM\u201d) on Plaintiffs' legal malpractice and breach of fiduciary duty claims. For the reasons set forth herein, we will affirm Plaintiffs earned doctorate degrees in anthropology from Rutgers University. While attending Rutgers, Oestreicher complained that Professor William K. Powers falsely accused him of plagiarism, and Green accused Powers of sexual assault. On the basis of these and other student complaints, Rutgers initiated detenure proceedings before a Rutgers faculty panel and retained to represent the University's President in those proceedings. Plaintiffs participated as witnesses in the proceedings and met with beforehand to discuss their testimony. Plaintiffs did not enter into any written agreement with CBM, pay CBM, or receive any bills from CBM, and received no express advice that represented them. Celauro, the lead attorney, however, told them that she was \u201cavailable to answer any questions that [they] may have regarding the hearings,\u201d J.A. 310, 1747, and Jean Ambrose, Rutgers's Assistant Vice President for Faculty Affairs, told Plaintiffs that they did not need their own lawyers. Oestreicher nevertheless consulted his father, an attorney, for advice regarding his testimony at the proceedings and the possibility of a lawsuit against Rutgers and/or Powers. Green consulted attorney Emily Alman for similar advice and also retained Alman to represent her in connection with related litigation involving Powers. Both Oestreicher's father and Alman were frequently present during the proceedings, which lasted several weeks, and they informed the faculty panel that they represented Oestreicher and Green, respectively.1 During the proceedings, Celauro explicitly stated that she did not represent Plaintiffs, and multiple times referred to as representing the University's President. In 1998, after presented the charges, but before the faculty panel issued a recommendation to the Rutgers Board of Governors, Rutgers and Powers entered a settlement agreement (the \u201cAgreement\u201d) that did not require Powers to retract the plagiarism accusations, issue a public apology to Plaintiffs, or compensate them financially. Dissatisfied with the Agreement, which they did not learn about until after it had been executed, Plaintiffs filed suit against Rutgers, Powers, and CBM, among others, seeking multiple forms of relief, including compensatory damages. In an Amended Complaint removed from the New Jersey Superior Court to the District Court in 2002, Plaintiffs alleged that informed them, \u201cor led [them] to believe,\u201d that it represented them in connection with the Powers dispute. J.A. 238, 1705. They raised two claims at issue here: first, that engaged in legal malpractice by representing both them and Rutgers, given the potential conflict of interest; and second, that breached its fiduciary duty by failing to \u201cattain[ ] financial, equitable[,] and administrative relief\u201d for them in negotiating the Agreement, J.A. 229. 2/17/25, 1:52 v \u2026 2/13 In 2005, following the District Court's denial of CBM's first motion for summary judgment,2 Plaintiffs moved to disqualify as counsel for Rutgers. The District Court denied the motion following an evidentiary hearing, holding that there was neither an express nor an implied attorney-client relationship between Plaintiffs and and thus CBM's representation of Rutgers did not create a conflict of interest. Several months later, the District Court granted CBM's second motion for summary judgment, concluding that Plaintiffs' legal malpractice claim was foreclosed by the law of the case doctrine based on its finding at the disqualification hearing. The District Court also found that Plaintiffs failed to show that owed them a fiduciary duty. We reversed, holding that Plaintiffs did not have \u201ca full and fair opportunity to litigate their malpractice and breach of fiduciary duty claims\u201d during the disqualification hearing, and thus the District Court erred in applying the law of the case. J.A. 115. We also urged the District Court to consider any new evidence Plaintiffs \u201cwere unable to present at the disqualification hearing.\u201d J.A. 123. Following additional discovery moved for summary judgment a third time. The District Court granted the motion, holding that \u201cthere is no objectively reasonable basis to conclude\u201d that there was either an express or implied attorney-client relationship between Plaintiffs and CBM, and thus Plaintiffs could not sustain a legal malpractice claim. App. 14. The District Court also held that because \u201cthere are no facts to support the finding that should have known that Green or Oestreicher would rely on them or that such reliance was foreseeable owed them no fiduciary duty. App. 23. Plaintiffs appeal Plaintiffs argue that they \u201chad an attorney-client and/or a fiduciary relationship with CBM,\u201d and thus the District Court erred in granting summary judgment for the law firm on their legal malpractice and breach of fiduciary duty claims. Appellants' Br. 26. We address these claims in turn.3 The elements of a legal malpractice claim are: \u201c(1) the existence of an attorney-client relationship creating a duty of care upon the attorney; (2) the breach of such duty; and (3) proximate causation.\u201d DeAngelis v. Rose, 727 A.2d 61, 67 (N.J. Super. Ct. App. Div. 1999). Under New Jersey law, an attorney- client relationship may be express or implied. See Herbert v. Haytaian, 678 A.2d 1183, 1188 (N.J. Super. Ct. App. Div. 1996). An express attorney-client relationship \u201cis created with respect to a particular matter\u201d when \u201ca person manifests to a lawyer that person's intent that the lawyer provide legal services\u201d and \u201cthe lawyer manifests to the person consent to do so.\u201d Dixon Ticonderoga Co. v. Estate of O'Connor, 248 F.3d 151, 169 (3d Cir. 2001) (quoting Restatement (Third) of the Law Governing Lawyers \u00a7 26 (Proposed Final Draft No. 1, 1996)). An implied attorney-client relationship is created when \u201ca person manifests to a 2/17/25, 1:52 v \u2026 3/13 lawyer the person's intent that the lawyer provide legal services to the person,\u201d \u201cthe lawyer fails to manifest lack of consent to do so, and the lawyer knows or reasonably should know that the person reasonably relies on the lawyer to provide the services.\u201d Id.; accord Herbert, 678 A.2d at 1188. Plaintiffs do not dispute that they did not enter into any written agreement with and were not expressly advised by that the law firm represented them. Nor do they dispute that they received no bills from CBM, made no payments to CBM, and \u201cdid not hire, and could not fire, CBM,\u201d as the District Court observed. App. 21 n.12. While we recognize that an attorney-client relationship is not dependent on the payment of a fee or execution of a written contract, see United States v. Costanzo, 625 F.2d 465, 468 (3d Cir. 1980), we agree with the District Court that no reasonable jury could conclude Plaintiffs entered into an express attorney-client relationship with CBM. We reach the same conclusion with respect to the existence of an implied attorney-client relationship. Even assuming Plaintiffs manifested an intent to enter into an attorney-client relationship with and failed to manifest a lack of intent to do so, the record does not demonstrate that Plaintiffs relied on or that knew or should have known that they did. To begin, while Plaintiffs assert that they relied on to \u201cprotect their interests,\u201d Appellants' Br. 51, Reply Br. 14, and claim in the Amended Complaint that improperly failed to attain equitable, financial, and administrative relief for them in negotiating the Agreement, the record is devoid of evidence that Plaintiffs broached the subject of obtaining financial or other relief with CBM, or discussed with the law firm potential lawsuits against Rutgers or Powers. The record shows that Plaintiffs relied on their own lawyers for such matters, instead. Specifically, Oestreicher testified that he discussed these issues with his father, whom he referred to as his attorney during a discussion with CBM, while Green indicated that Alman\u2014on whom Plaintiffs initially relied to file suit against Rutgers and Powers in 1998\u2014 periodically provided her with legal advice related to the proceedings and her \u201csituation with Dr. Powers generally.\u201d J.A. 1799; cf. In re Silverman, 549 A.2d 1225, 1241 (N.J. 1988) (per curiam) (finding the existence of an attorney-client relationship with respect to a particular transaction was \u201crebutted\u201d by the fact that the purported client ultimately retained a different lawyer to advise on the matter and before that had \u201csought other outside legal \u2024 advice\u201d). In any event, any reliance by Plaintiffs on for their individual claims would not have been reasonable for two reasons. First, Celauro communicated to them that she was \u201cavailable to answer any questions that [they] may have regarding the hearings,\u201d J.A. 310, 1747 (emphasis added), the purpose of which, Plaintiffs were aware, was to secure the faculty's recommendation for Powers's termination.4 Ambrose likewise informed Plaintiffs via letter that Celauro and were \u201c[t]he presenters of evidence in support of the President's charges\u201d against Powers and that the University would be working with \u201cto prepare for the[ ] hearings.\u201d J.A. 307-08. Neither nor Ambrose indicated that had been hired to pursue Plaintiffs' personal causes of action or otherwise help them obtain individualized relief. Second, 2/17/25, 1:52 v \u2026 4/13 as discussed above, Celauro explicitly stated during the proceedings that she did not represent Plaintiffs, J.A. 313 (Celauro stating don't represent Adriana Greci Green, nor do represent \u2024 any of the other witnesses represent the President of the University.\u201d), referred to herself as the \u201cPresident's representative,\u201d J.A. 1448, and introduced co-counsel Hurwitz to the faculty panel as \u201cco-counsel on behalf of the President,\u201d J.A. 321.5 Finally, no reasonable jury could conclude that knew or should have known that Plaintiffs relied on it for the provision of legal services. As noted earlier, Plaintiffs did not hire and had no agreement with CBM. Moreover, Plaintiffs had their own counsel, a fact of which was aware. Both Oestreicher's father and Alman were frequently present during the proceedings. In fact, Green's testimony was scheduled around Alman's availability, Alman was introduced to the faculty panel by Celauro as \u201cattorney for Adriana Greci Green,\u201d and she referred to Green during the proceedings as her client, J.A. 312. In addition, Oestreicher's father submitted a letter to the faculty panel, on which Celauro was copied, in which he stated write this letter as Attorney for my son David Oestreicher.\u201d J.A. 338. Plaintiffs claim that, notwithstanding the above, material disputed facts exist evidencing the formation of an implied attorney-client relationship between themselves and CBM. In particular, they point to Ambrose's assurances that they did not need their own lawyers, a document authored by Oestreicher on which Celauro wrote PRIVILEGE\u201d during a pre-hearing meeting, J.A. 294,6 and draft settlement agreements in which proposed that Powers apologize to and retract statements he made about certain students, including Oestreicher and Green. In light of the overwhelming evidence to the contrary, we disagree that these facts could lead a reasonable jury to find that an implied attorney-client relationship existed.7 It is true that Ambrose assured Plaintiffs that they did not need their own attorneys. But as discussed above, she did not indicate to them that Rutgers had retained to represent them personally, and Plaintiffs did, in fact, obtain outside lawyers. And though Celauro may have written PRIVILEGE\u201d on Oestreicher's document while meeting with him, Oestreicher admitted that such notation \u201cwas not significant to [him] at the time,\u201d J.A. 879, and thus the notation seemingly did not convey that represented him. Moreover, such notation alone does not guarantee confidentiality, accord Costanzo, 625 F.2d at 468 (observing that \u201ca communication is not privileged simply because it is made by or to a person who happens to be a lawyer\u201d (citation and alteration omitted)), let alone establish an attorney- client relationship. Lastly, that attorneys included provisions in draft settlement agreements related to specific students does not evidence the existence of an attorney-client relationship, particularly as Oestreicher testified that he never consulted about a potential lawsuit against Powers and understood to be representing him \u201conly in connection with the hearing,\u201d J.A. 402, and Green testified that she \u201c[didn't] think\u201d that provided her any legal advice or consultation outside of preparation for the proceedings, J.A. 1803. 2/17/25, 1:52 v \u2026 5/13 In summary, the record does not demonstrate a genuine dispute; rather, it is clear that no reasonable jury could find that Plaintiffs and entered into either an express or an implied attorney-client relationship. Because \u201c[t]he existence of an attorney-client relationship is, of course, essential to the assertion of a cause of action for legal malpractice,\u201d Froom v. Perel, 872 A.2d 1067, 1074 (N.J. Super. Ct. App. Div. 2005), and none existed here, the District Court did not err in granting summary judgment for on this claim We next address Plaintiffs' breach of fiduciary duty claim lawyer may owe a fiduciary duty to a non- client \u201cwhen and to the extent that the lawyer \u2024 invites the non-client to rely on the lawyer's opinion or provision of other legal services, the non-client so relies, and the non-client is not \u2024 too remote from the lawyer to be entitled to protection.\u201d Petrillo v. Bachenberg, 655 A.2d 1354, 1359 (N.J. 1995) (citation omitted). As explained above, no reasonable jury could conclude that Plaintiffs reasonably relied on to advance their individual interests apart from what was needed to support Rutgers's legal position. We therefore conclude that did not owe Plaintiffs a fiduciary duty, and the District Court did not err in granting summary judgment for on Plaintiffs' breach of fiduciary duty claim.8 For the foregoing reasons, we will affirm the order of the District Court granting summary judgment for 1. As discussed infra, Oestreicher's father submitted a letter to the faculty panel in which he characterized himself as his son's attorney. Alman spoke on Green's behalf at the proceedings and referred to Green as her client. 2. The District Court initially granted CBM's first summary judgment motion with respect to the legal malpractice claim, but subsequently vacated that ruling in response to Plaintiffs' motion for reconsideration and denied the motion for summary judgment. This ruling does not constitute law of the case precluding summary judgment now prior denial of summary judgment should not be viewed as law of the case since \u201c[s]uch a denial merely postpones decision of any question; it decides none. To give it any other effect would be entirely contrary to the purpose of the summary judgment procedure.\u201d Dessar v. Bank of Am. Nat'l Tr. & Sav. Ass'n, 353 F.2d 468, 470 (9th Cir. 1965); see also Hoffman v. Tonnemacher, 593 F.3d 908, 911 (9th Cir. 2010) (\u201c[T]he denial of summary judgment does not preclude a contrary later grant of summary judgment.\u201d); Aycock Eng'g, Inc. v. Airflite, Inc., 560 F.3d 1350, 1356 (Fed. Cir. 2009) (\u201c[T]he law of the case doctrine \u2024 simply does not apply to a denial of summary judgment.\u201d); Bethlehem Steel Exp. Corp. v. Redondo Constr. Corp., 140 F.3d 319, 321 (1st Cir. 1998) (observing that 2/17/25, 1:52 v \u2026 6/13 \u201cthe \u2018law of the case\u2019 doctrine has not been construed as an inflexible straightjacket,\u201d and holding that the denial of the summary judgment motions at issue did \u201cnot constitute the law of the case\u201d (citation omitted)); Preaseau v. Prudential Ins. Co. ofAm., 591 F.2d 74, 79-80 (9th Cir. 1979) (\u201c[A]n order denying a motion for summary judgment is generally interlocutory and \u2018subject to reconsideration by the court at any time.\u2019 \u201d (quoting Dessar, 353 F.2d at 470)); cf. Schor v. Abbott Labs., 457 F.3d 608, 615 (7th Cir. 2006) (observing that \u201c[a]lthough it is possible to imagine circumstances under which the denial of a motion to dismiss may conclusively resolve some concrete issue,\u201d that is not always the case). Moreover, additional depositions, production of evidence reflecting settlement negotiations between and Powers, and the disqualification hearing, the purpose of which was to determine whether Plaintiffs and had entered into an attorney-client relationship, occurred after the District Court denied summary judgment. Given the development of additional evidence, reconsideration of the denial was appropriate. See Hamilton v. Leavy, 322 F.3d 776, 787 (3d Cir. 2003) (\u201cReconsideration of a previously decided issue may \u2024 be appropriate in certain circumstances, including when the record contains new evidence.\u201d). 3. The District Court had jurisdiction under 28 U.S.C. \u00a7 1332. We have jurisdiction under 28 U.S.C. \u00a7 1291. We review the District Court's decision on summary judgment, which involved the interpretation and application of New Jersey law, de novo. DixonTiconderoga Co. v. Estate of O'Connor, 248 F.3d 151, 161 (3d Cir. 2001). Summary judgment is appropriate where, drawing all reasonable inferences in favor of the non-moving party, \u201cthere is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.\u201d Fed. R. Civ. P. 56(a); see also Celotex Corp. v.Catrett, 477 U.S. 317, 322\u201323 (1986). \u201cAn issue is \u2018genuine\u2019 only if there is a sufficient evidentiary basis on which a reasonable jury could find for the\u201d non-movant. Kaucher v.Cty. of Bucks, 455 F.3d 418, 423 (3d Cir. 2006) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986)). 4. In testimony in connection with this litigation, Oestreicher described as \u201cthe attorneys that the university had provided to prosecute the case\u201d against Powers, J.A. 419, and that he understood that the faculty panel was limited to determining whether Powers should be dismissed. Green testified similarly that she understood that \u201cthe hearing was supposed to result in a recommendation by the panel [on the dismissal of Powers] to the board of governors.\u201d J.A. 1443. 5. During the proceedings, Celauro also stated, in response to Powers's attorney's request to question another student, that counsel was \u201cfree to ask,\u201d because the students \u201c[are] not [her] client[s],\u201d and she \u201c[is] not their attorney.\u201d J.A. 319. Another student (and former plaintiff) Mark Speeney testified that Plaintiffs were present when Celauro made this statement. 6. Although Celauro denies writing this, we assume that she did in accordance with the summary judgment standard. 7. We also reject Plaintiffs' argument that the expert reports, one of which concludes that an attorney- client relationship was formed between Plaintiffs and and the other of which reaches the opposite 2/17/25, 1:52 v \u2026 7/13 conclusion, preclude summary judgment. Whether there is a genuine dispute of material fact relating to the formation (or not) of an attorney-client relationship is for the Court, not the experts, to determine. Moreover, we note that to the extent Plaintiffs seek to rely on the New Jersey Rules of Professional Conduct to support their claims, \u201cthose rules do not, in themselves, create a duty, and a violation of those rules, standing alone, does not form the basis of a cause of action.\u201d Banco Popular N. Am. v. Gandi, 876 A.2d 253, 266 n.8 (N.J. 2005). 8. Plaintiffs suggest that because they shared confidential information with owed them a fiduciary duty, even in the absence of an attorney-client relationship. As discussed above, a fiduciary duty in this context is owed only where the non-client relies on the lawyer, and Plaintiffs have not shown that they relied on for the relief they claim failed to attain for them. Thus, the provision of confidential information alone does not give rise to an actionable duty. SHWARTZ, Circuit Judge. Was this helpful? Yes No Welcome to FindLaw's Cases & Codes free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law. 2/17/25, 1:52 v \u2026 8/13 Go to Learn About the Law v (2016) Docket No: No. 15-3793 Decided: December 08, 2016 Court: United States Court of Appeals, Third 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 For Legal Professionals 2/17/25, 1:52 v \u2026 9/13 \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. Sign up \uf105 Get email updates from FindLaw Legal Professionals 2/17/25, 1:52 v \u2026 10/13 Enter your email address to subscribe * Indicates required field Learn more about FindLaw\u2019s newsletters, including our terms of use and privacy policy. Learn About the Law Get help with your legal needs FindLaw\u2019s Learn About the Law features thousands of informational articles to help you understand your options. And if you\u2019re ready to hire an attorney, find one in your area who can help. Go to Learn About the Law \uf105 Email * \uf105 2/17/25, 1:52 v \u2026 11/13 Need to find an attorney? Search our directory by legal issue Enter information in one or both fields (Required) Find a lawyer Legal issue need help near (city code or country) Bahawalpur, Punjab \uf057 2/17/25, 1:52 v \u2026 12/13 Questions? At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Contact us. Stay up-to-date with how the law affects your life. Sign up for our consumer newsletter \uf105 Our Team Accessibility Contact Us \uf105 By Location By Legal Issue By Lawyer Profiles By Name Legal Forms & Services Learn About the Law State Laws U.S. Caselaw U.S. Codes Copyright \u00a9 2025, FindLaw. All rights reserved. Terms > | Privacy > | Disclaimer > | Cookies > 2/17/25, 1:52 v \u2026 13/13", "7531_102.pdf": "All Access + the daily online newspaper \u2013 Start today for $1 Rutgers settles lawsuit after decade-long fight Published: Jan. 30, 2008, 12:30 a.m. By Jeff S. Whelan After fighting for nearly a decade, Rutgers University has settled a lawsuit filed by three former graduate students who alleged they were victims of an anthropology professor bent on destroying their reputations and careers. The settlement revives an embarrassing saga for Rutgers regarding the professor, William Powers, who acknowledged an extramarital affair with one of the students and resigned amid sexual harassment allegations. The university relied on the students' testimony as it sought to oust Powers through high- profile public hearings in 1997. But Rutgers reached a settlement with him the following year before a panel of professors had the chance to render a decision. Powers, who taught at the university for 24 years, stepped down without admitting any wrongdoing and preserved his pension benefits. Rutgers also paid him $92,000 for pain and suffering as part of the deal to settle a lawsuit he'd filed against the university. The move left the students feeling betrayed by the university, they said. During the controversy, Powers had accused them of plagiarism, among other charges. The students said their reputation was impugned and sued Rutgers and Powers in 1999. Today, Rutgers publicly renounced Powers' allegations against the students, Adriana Greci Green, David Oestreicher and Mark Speeney statement Rutgers filed in federal court in Newark says the university conducted an extensive investigation and found \"no credible evidence\" of any academic misconduct or wrongdoing by them. Subscribe The university's statement expressed regret for \"the personal and professional trouble, emotional distress, pain and suffering\" Powers' actions caused the students. Powers delayed the students' efforts to attain their doctoral degrees, according to the statement. \"Rutgers thanks them for their courage in coming forward as they did in such a grave matter and believes their actions made a difference,\" the statement said Top daily girls basketball stat leaders for Tuesday, Feb. 11 Feb. 11, 2025, 10:37 p.m. Rutgers raced to an early lead. Then Iowa rallied and Scarlet Knights reached new low in loss. Feb. 12, 2025, 8:37 p.m. Rutgers also stated that Powers engaged in \"unacceptable professional behavior, failed to maintain standards of sound scholarship and competent teaching and grossly neglected established university obligations.\" The settlement was disclosed in court filings today. The students' lawsuit had sought compensatory and punitive damages and legal fees, but the court papers didn't disclose if, or how much, Rutgers paid them. Read more in Wednesday's Star-Ledger. If you purchase a product or register for an account through a link on our site, we may receive compensation. By using this site, you consent to our User Agreement and agree that your clicks, interactions, and personal information may be collected, recorded, and/or stored by us and social media and other third-party partners in accordance with our Privacy Policy. 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8,199 | Jeffery Stewart | Florida SouthWestern State College | [
"8199_101.pdf"
] | {"8199_101.pdf": "Ex provost files lawsuit against woman who accused of him of sexual misconduct Published 3:14 p.m Jan. 30, 2019 Updated 4:19 p.m Jan. 30, 2019 Florida SouthWestern State College's former provost has filed a federal lawsuit against his former employer and a woman who accused him of sexual misconduct. Jeffery Stewart resigned from his job in July. His resignation came after notified him about an investigation. Four employees and a student accused Stewart of misconduct, ranging from sexual harassment to assault, according to an report. The lawsuit accuses of gender discrimination and the woman of making false allegations against Stewart, including that he forced her to perform oral sex. The other four women are not named as defendants in the lawsuit. Stewart's attorney, Benjamin Yormak, said the main reason Stewart is pursuing legal action is because of the reckless allegations that have been made against him. \"Sexual harassment did not occur in this case and, certainly, the allegations of (the defendant) are absolutely false,\" said Yormak, who specializes in labor and employment law. \"Dr. Stewart is left with no other alternative to salvage what's left of his career (and that's) by filing legal action to vindicate him, which we fully anticipate doing.\" The woman, an employee of FSW, could not be reached Wednesday for comment. The News- Press is not naming the woman because the case involves an alleged sexual assault. FSW: Former provost was under investigation when he resigned The lawsuit alleges engaged in gender discrimination by making the assumption the woman named in the lawsuit was truthful and Stewart was not. It also alleges the school did Thyrie Bland The News-Press 2/17/25, 1:52 Ex provost sues woman who accused of him of sexual misconduct 1/2 the same when it came to the other women's allegations. \"As the lawsuit says, it's our position on each and every occasion the female investigator from Florida SouthWestern found that in any he said, she said situation Dr. Stewart was guilty and the female complainant was more truthful,\" Yormak said spokesman Greg Turchetta said the school doesn't comment on pending litigation. The report released details the five women's allegations against Stewart. The woman named in the lawsuit made a long list of allegations against Stewart, including pushing her against a wall to kiss her and pulling her into his hotel room at a conference. The lawsuit alleges the woman tried to initiate a sexual relationship with Stewart. It accuses the woman of groping Stewart's genitals over his pants and sending him sexually suggestive text messages, including a picture of her breasts. \"Stewart did not sexually harass (the defendant), and (the defendant\u2019s) untruthful reports to are in fact defamatory and resulted in significant damages to Stewart\u2019s career and have severely impugned his reputation,\" according to the lawsuit. FSW: Provost who resigned was accused by five women of sexual harassment FSW: Former provost accused of sexual harassment 2/17/25, 1:52 Ex provost sues woman who accused of him of sexual misconduct 2/2"} |
7,631 | D. Kern Holoman | University of California – Davis | [
"7631_101.pdf",
"7631_102.pdf",
"7631_103.pdf"
] | {"7631_101.pdf": "misconduct-cases/article_7d05541b-3542-540d-ba01-7465a83b441c.html State audit finds inconsistent discipline in sexual misconduct cases By Tanya Perez Jun 26, 2018 D.Kern Holoman, conducts the Davis Symphony Orchestra at the memorial for former Chancellor Larry Vanderhoef in 2015. Holoman agreed to university disciplinary action for sexual misconduct stemming from incidents in the late 1980s. Sue Cockrell/Enterprise file photo By Sue Cockrell The California State Auditor issued a report last week advising Davis and Berkeley that they are inconsistent in doling out discipline for sexual misconduct. Privacy - Terms 2/17/25, 1:53 State audit finds inconsistent discipline in sexual misconduct cases Davis | davisenterprise.com 1/4 Specifically, State Auditor Elaine Howle said in a letter to Gov. Jerry Brown and other legislative leaders, \u201cWe found that the three campuses we visited \u2014 Berkeley, Davis and Los Angeles \u2014 took much longer to discipline faculty in the Academic Senate than they did to discipline staff.\u201d Howle went on to say that the three campuses \u2014 the only ones to be reviewed \u2014 \u201cdisciplined staff within 43 days after the conclusion of an investigation compared to 220 days for faculty in the Academic Senate.\u201d It was noted, however, that because of the faculty system of shared governance at UC, \u201c(faculty) have a right to a hearing process that can prove lengthy.\u201d The audit assessed \u201cdisciplinary decisions in cases in which the campus investigations substantiated the allegations\u201d and used 10 randomly selected cases from each of the three campuses which had been decided between 2007-16 processed a total of 157 complaints involving students and faculty or staff during that time. One incident described in the audit to highlight the slow process for discipline said that \u201cin a 223\u00e2\u0000\u0091day case, the campus placed the respondent on involuntary leave with pay shortly after the campus office received the complaint. This involuntary leave lasted until the respondent\u2019s separation from the campus.\u201d The audit also found that generally \u201cfollow(ed) university policy or Title requirements\u201d while and did not. Note: Title of the 1972 Education Act prohibits discrimination on the basis of sex \u201cunder any educational program.\u201d The prohibits, among other things, sexual violence, including sexual assault, dating or domestic violence and stalking; and sexual harassment. Additionally was better than the other two campuses in its data reliability and in always following the processes for getting time extensions when needed on investigations. 2/17/25, 1:53 State audit finds inconsistent discipline in sexual misconduct cases Davis | davisenterprise.com 2/4 However was criticized in the audit for \u201cperforming especially poorly\u201d in retaining adequate records demonstrating how it resolved cases. In a sexual harassment case that came to light in December of last year \u2014 Danny Gray, the director of academic employment and labor relations in the Office of Academic Affairs, accused emeritus music professor D. Kern Holoman of sexual assault and rape when Gray was an undergraduate student at in the late 1980s admitted it had done poor record-keeping. \u201cThere is no record of the action taken against Holoman after Gray made complaints in 1987 and 1996,\u201d an Enterprise story explained spokeswoman Dana Topousis said then that does not keep all records dating back that far, but that Chancellor Gary May formed a team of his administrators to \u201cbegin reviewing practices and systems involving sexual harassment records. He asked them to develop recommendations for appropriate long-term protocols and practices that are consistent with university policy and collective bargaining agreements,\u201d Topousis said. In Holoman\u2019s case administrators acted swiftly upon learning of Gray\u2019s accusations, stripping Holoman of his emeritus status and demoting him from distinguished professor to professor. \u201cThe removal of emeritus title means he will no longer be eligible to be employed by the University of California or to participate in teaching, governance or scholarly activities related to the University of California,\u201d Touposis said. Holoman signed an agreement accepting this disciplinary action but did not admit any misconduct. Response In response to the audit spokeswoman Kimberly Hale said Davis has a strong Title program that is the result of continuous improvements implemented over the past decade. We appreciate the feedback and recommendations from the state auditor, 2/17/25, 1:53 State audit finds inconsistent discipline in sexual misconduct cases Davis | davisenterprise.com 3/4 which will help us continue to make improvements in our process. We have been and remain committed to taking immediate and appropriate corrective action when we receive reports of sexual harassment and sexual violence President Janet Napolitano issued a statement timed with the audit\u2019s release, in which she accepts all of the recommendations, including: * Title coordinators on campuses should have a role in deciding discipline for sexual harassment violations to help the gain consistency across campuses. * Prompt resolution of complaints against faculty requires \u201cthe Academic Senate to further define its bylaws and written requirements\u2026to establish time frames for faculty disciplinary decisions.\u201d Napolitano noted in her response that improvements made in 2017 to the procedures surrounding sexual misconduct claims were not in place during the audit\u2019s window understands the need for a strong stance against sexual violence and sexual harassment, meaningful efforts at preventions, and fair and timely processes for addressing complaints,\u201d Napolitano wrote. \u2014 Reach Tanya Perez at tperez@davisenterprise.net or 530-747-8082. Follow her on Twitter at @EnterpriseTanya. 2/17/25, 1:53 State audit finds inconsistent discipline in sexual misconduct cases Davis | davisenterprise.com 4/4", "7631_102.pdf": "D. Kern Holoman Born Dallas Kern Holoman September 8, 1947 Raleigh, North Carolina Education Duke University (B.A., 1969) Princeton University (Ph.D., 1974) Occupation(s) Musicologist and conductor Website hector.ucdavis.edu/DKH.html ( H.html) D. Kern Holoman Dallas Kern Holoman (born September 8, 1947) is an American musicologist and conductor, particularly known for his scholarship on the life and works of Hector Berlioz. Holoman was born in Raleigh, North Carolina on September 8, 1947, to W. Kern and Katherine Highsmith Holoman. He attended Duke University as an undergraduate, receiving his Bachelor of Arts in music in 1969. After receiving a Master of Fine Arts from Princeton University in 1971, he received a Fulbright Fellowship and embarked on his doctoral dissertation, Autograph Musical Documents of Hector Berlioz, c. 1818\u20131840.[1] He joined the faculty of University of California, Davis as Acting Assistant Professor of Music in 1973 and the following year received his Ph.D. from Princeton. He remained at Davis for the rest of his academic career, becoming Professor of Music in 1981 and serving as the Chairman of the Music Department from 1980 to 1988. In 2000, he became the Barbara K. Jackson Professor of Orchestral Conducting. In July 2013, Holoman retired from full professorship, but continued to teach as of 2016.[2] In December 2017, Holoman relinquished the titles of professor emeritus and distinguished professor after being accused of sexually assaulting a student in 1987 at Davis. The university also revealed that Holoman was suspended for a month in 1997 over a different allegation of \"unprofessional conduct\" and told he could be fired if he violated the campus sexual harassment policy again.[3] Action was also taken by the American Musicological Society's Board of Directors who condemned his misconduct and rescinded his honorary membership of the Society.[4] Holoman was one of the founding editors of the journal 19th-Century Music in 1977 (with Joseph Kerman and Robert Winter) and later served as its managing editor.[1] His 1974 doctoral dissertation on Berlioz was the beginning of a what would be the focus of his musical scholarship for many years. The dissertation, with revisions and corrections, was published in 1980 as The Creative Process in the Autograph Musical Documents of Hector Berlioz, c. 1818\u20131840. In 1987, he published the first Life and career Musicology 2/17/25, 1:53 D. Kern Holoman - Wikipedia 1/2 complete catalogue of the works of Hector Berlioz,[1] and in 1989 he published Berlioz, his 687-page biography of the composer. He also edited the critical edition of the Rom\u00e9o et Juliette score for the new edition of the complete works of Berlioz, published by B\u00e4renreiter in 1990. Holoman's interest in Berlioz and 19th century French orchestral music led to two further books\u2014a comprehensive history of the Soci\u00e9t\u00e9 des Concerts du Conservatoire (2004) and a biography of the conductor and champion of Berlioz's music, Charles Munch (2011). 1. Slonimsky, Nicolas and Kuhn, Laura (2005).\"Holoman, D(allas) Kern\" ( b/20131011162718/ Baker's Biographical Dictionary of Musicians, via HighBeam Research. 2 Davis Department of Music. \"D. Kern Holoman bio\" ( 212/ Archived from the original ( on 23 September 2014. Retrieved 5 July 2016. 3. Ronayne, Kathleen (13 December 2017 \"Former Davis professor, conductor accused of sex assault\" ( al-assault-12427985.php). Associated Press via San Francisco Chronicle. Retrieved 17 December 2017. 4. American Musicological Society (14 December 2017). \"Action taken by the Board of Directors\" ( Retrieved 17 December 2017. Retrieved from \" References 2/17/25, 1:53 D. Kern Holoman - Wikipedia 2/2", "7631_103.pdf": "SACRAMENTO, Calif former conductor of the University of California, Davis, Symphony Orchestra gave up his professor titles amid allegations he sexually assaulted a former student who now works at the university. D. Kern Holoman, who retired in 2013, relinquished the titles of professor emeritus and distinguished professor Monday after Danny Gray discussed the allegations with administrators and said he planned to write about them on his blog. The university also revealed that Holoman was suspended for a month in 1997 over a different allegation of \u201cunprofessional conduct\u201d and told he could be fired if he violated the campus sexual harassment policy again. Gray alleged Holoman sexually assaulted him when he was a freshman in 1987, later raped him and made other romantic and sexual gestures over a period of years. He said his allegations were \u201cbadly mishandled\u201d when he told the university about them as a student but that administrators are now supportive. Holoman apologized but said he remembers their relationship differently. \u201cOur memories of that time differ markedly, but the remorse is very real continue to treasure memories of our long friendship and its focus on the beauties of art, literature and history,\u201d he said in a statement sent to Gray by his attorney, Steven Sabbadini. Former Davis professor, conductor accused of sex assault Updated 6:09 CST, December 13, 2017 \u2018SNL50' Polar vortex All-Star Game Congo Shakira 2/17/25, 1:53 Former Davis professor, conductor accused of sex assault News 1/3 The University of California system has a history of limited transparency and lax discipline in handling sexual misconduct claims. The president\u2019s office told The Associated Press in March that a quarter of the more than 100 employees found to have violated sexual misconduct policies in a three-year window were faculty members. The governing board paid a Santa Cruz student $1.15 million after she accused the university of failing to address her rape claims against professor Hector Perla in 2015 letter in his file showed his conduct constituted sexual assault and he should be dismissed, but he resigned before disciplinary action was taken Berkeley came under intense criticism after a former law school dean, Sujit Choudhry, received only a temporary pay cut and counseling orders after a 2015 investigation found he repeatedly kissed and touched a subordinate. In the Davis case, Gray said he told the university about Holoman\u2019s behavior twice while he was in school and was told by an administrator that Holoman would not be made a dean in the future. Gray again brought up his concerns after Holoman became dean of the College of Letters and Science in March 1995. Holoman stepped down from the role in April 1996. He referenced the allegations again this year, when the school was considering bringing Holoman back for a teaching position. It was not granted. Gray, now director of academic employment and labor relations at the university, said the national Me Too movement of sharing stories about sexual misconduct inspired him to come forward. \u201cThese courageous people who have started this have opened up a space where victims can see possibly, maybe, what happened to me is not something that need to be so ashamed of,\u201d Gray told AP. Holoman\u2019s attorney said they were not commenting further. Losing the titles means Holoman can no longer teach or pursue research related to the University of California system. Chancellor Gary May sent a letter Monday to the Davis community outlining the university\u2019s anti-harassment policies and resources for victims have no doubt our own Davis community includes survivors and their abusers,\u201d May wrote. 2/17/25, 1:53 Former Davis professor, conductor accused of sex assault News 2/3 Holoman possessed a celebrity status on campus, said Gray, who played violin in the symphony. The two began having lunch together on campus, progressing into an invite for lunch at Holoman\u2019s home, where Gray said the professor sexually assaulted him in a hot tub. Their friendship continued at various points, and Holoman later raped him, Gray said regret that lacked the moral clarity and courage to end all engagement with Holoman permanently once his predatory nature had revealed itself,\u201d Holoman wrote on his blog. \u201cMy failings aside, however, Holoman was still the predator, and was still the victim California-based climate change and environment reporter 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 1 2 3 2/17/25, 1:53 Former Davis professor, conductor accused of sex assault News 3/3"} |
7,501 | Hugo Schwyzer | Pasadena City College | [] | {} |
7,731 | Michael Ehlert | University of Guam | [
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] | {"7731_101.pdf": "for/article_71388bd1-4521-5af7-829a-43e285ff3ccc.html Judge rules ex professor convicted of sex crimes can go to Hong Kong for work Pacific Daily News Jasmine Stole Weiss, Pacific Daily News Feb 7, 2019 Former University of Guam professor Michael Ehlert, found guilty of molesting a student of his and attempted sexual assault of another student, can travel to Hong Kong, a judge ruled on Thursday. Ehlert was convicted of one count of third-degree criminal sexual conduct and one count of attempted third-degree criminal sexual conduct. Two female students testified that Ehlert touched their private parts while they were swimming at a beach near Ehlert's house. They were at his house for an off-campus party. The prosecution opposed Ehlert leaving island at Thursday\u2019s hearing and said he was a flight risk woman who testified during Ehlert\u2019s trial that he raped her in 2009, also at a party at Ehlert\u2019s house, wanted to speak to the court. Because she wasn\u2019t one of the two students identified as victims in the convictions against Ehlert, Judge Vernon Perez said it wouldn\u2019t be appropriate for her to address the court. 2/17/25, 1:54 Judge rules ex professor convicted of sex crimes can go to Hong Kong for work | Local News | guampdn.com 1/2 Perez granted Ehlert\u2019s motion to travel for work, and said he can stay in Hong Kong for six months. Ehlert now is waiting for the Supreme Court of Guam to decide on his appeal. Ehlert attorney Jeff Moots said a decision is expected by May. \u201dAt this time he's just trying to become employed so in the case that he does end up serving a sentence he's got some money for his family and if (his conviction is) reversed, by the Supreme Court, that he can have funds for defense,\" Moots said. \"But currently he's not able to work here on Guam because of his case.\" More: Former student alleges Ehlert raped her at 2009 party More: Ex-professor sentenced to 4 years for sexual assault Moots said Ehlert has complied with all his court ordered conditions. Perez had previously granted Ehlert\u2019s travel requests and Ehlert hadn\u2019t violated those conditions, Perez said. While in Hong Kong, Ehlert is to report to probation office on Guam every week, through email. Ehlert's sentenced to four years but hasn't started serving his sentence because he's waiting for the Supreme Court to decide on his appeal. This article originally appeared on Pacific Daily News: Judge rules ex professor convicted of sex crimes can go to Hong Kong for work 2/17/25, 1:54 Judge rules ex professor convicted of sex crimes can go to Hong Kong for work | Local News | guampdn.com 2/2", "7731_102.pdf": "University of Guam stands by decision to fire convicted psychology professor Published 11:35 p.m Oct. 30, 2018 University of Guam professor fired after he was convicted of criminal sexual conduct said the university didn't afford him due process, while said the process the professor seeks would be a futile effort. Lawyers for ex-professor Michael Ehlert and argued in front of the Supreme Court of Guam Wednesday. More: Judge denies lawsuit by ex-professor Michael Ehlert to force void his firing after sex assault More: Supreme Court to hear appeals for Torre and Ehlert cases Ehlert filed a petition with the Superior Court of Guam asking to reinstate him as an employee, for back pay and the opportunity to respond to the university about his termination. The Superior Court dismissed Ehlert's lawsuit, prompting Ehlert to appeal to the high court. Accused of inappropriately touching students Ehlert was a tenured psychology professor at since 2005. Female students accused him of inappropriately touching their private parts in 2014 while they were swimming at a beach during an off-campus party at Ehlert\u2019s house. Ehlert was convicted of third-degree criminal sexual conduct and attempted third-degree criminal sexual conduct on July 31, 2017. Jasmine Stole Weiss Pacific Daily News 2/17/25, 1:54 University of Guam stands by decision to fire convicted psychology professor 1/2 Attorney: Ehlert has a right to due process He was fired the next day. Ehlert's attorney, Daniel Somerfleck, said Ehlert has a right to due process and has a right to respond to any adverse action. \"Those rights are constitutional rights that must be followed and by failure to follow they (UOG) have denied him his procedural due process,\" Somerfleck said. Law prohibits employing sex offenders UOG's attorney, R. Todd Thompson, said the law is clear couldn't keep Ehlert as a professor because the law prohibits them from employing sex offenders. \"By law, the president could not do what (Ehlert) is asking. He could not continue to employ (Ehlert) upon his conviction for criminal sexual conduct,\" Thompson said. \"It would've been futile. The university's hands were tied.\" The justices will review the arguments from Ehlert and and will issue their decision later MORE: Tenorio, Leon Guerrero square off in fiery 'Great Debate' Man accused of raping woman in wheelchair 2/17/25, 1:54 University of Guam stands by decision to fire convicted psychology professor 2/2", "7731_103.pdf": "Confidential memo released in Ehlert case Published 9:55 p.m May 16, 2017 Updated 8:52 p.m May 17, 2017 To support his argument that the criminal sexual conduct indictments against his client should be dismissed, defense attorney Joaquin Arriola Jr. filed a confidential 2015 memo from University of Guam president Robert Underwood, addressed to the attorney general. Arriola represents professor Michael B. Ehlert, accused of sexually assaulting three women in November 2014 at an off-campus party he hosted at his house. Arriola filed a motion to dismiss the indictments against Ehlert, arguing prosecutors did not follow the law when they failed to present evidence about the investigation to the grand jury that indicted Ehlert. The investigation focused on sexual harassment allegations against Ehlert and included evidence that could exonerate him, according to Arriola MORE: Judge reviewing request to toss past allegations against professor Some charges dropped in Elhert case Arriola said at a May 9 hearing that Attorney General Elizabeth Barrett-Anderson knew or should have known as early as October 2015 about statements made by Ehlert during the university investigation that could exonerate him. Deputy attorneys general met with Underwood in October 2015 about ongoing sexual harassment claims, Arriola stated. Jasmine Stole Weiss Pacific Daily News 2/17/25, 1:54 Confidential memo released in Ehlert case 1/3 While Ehlert\u2019s name is not stated in Underwood\u2019s confidential interagency memo to Barrett- Anderson, Arriola said attachments to the memo refer specifically to the university\u2019s investigation of Ehlert. In the memo, Underwood asked the AG\u2019s office to investigate written statements from another professor, Ron McNinch. McNinch, in an email to the faculty senate and several administrators, said he reported most egregious cases of sexual harassment at to the criminal justice system, Underwood wrote MORE: Another woman accuses Ehlert of sexual assault professor faces sexual, official misconduct charges \u201cThe issue in this investigation is narrowly framed to confirming the veracity of the statements,\u201d Underwood wrote. \u201cWe wish to verify whether McNinch has reported \u2018the most egregious cases to the criminal justice system in the past 18 years and has in fact spoke with the victims.\" \u201cWe do not wish to know the facts of reporting on McNinch\u2019s part, but whether his statements are truthful. The university has no record of reports of sexual misconduct made by McNinch during this time.\u201d Barrett-Anderson responded on Oct. 20, 2015, stating her office can support through a civil and not a criminal, investigation. The AG\u2019s office also could not determine if McNinch violated university policy, as that would be a matter better dealt with by UOG, she stated. Ehlert spoke to investigators in November 2014 and was served an adverse action notice in January 2015, Arriola said. \u201cThe knew, or should have known, of (Ehlert\u2019s) exculpatory statements because the university disclosed the nature and extent of its efforts to address sexual harassment by male professors against female students, primarily including Ehlert\u2019s case,\u201d Arriola stated in his recent filing. 2/17/25, 1:54 Confidential memo released in Ehlert case 2/3 Judge Vernon Perez said he will decide on the motion to dismiss at a later time. Ehlert's trial is currently scheduled to start in July. 2/17/25, 1:54 Confidential memo released in Ehlert case 3/3", "7731_104.pdf": "Ex professor convicted of sex assault seeks off-island unsupervised parole Published 11:56 p.m Oct. 29, 2020 Updated 12:25 a.m Oct. 30, 2020 Former University of Guam professor Michael Ehlert was before the Guam Parole Board on Friday for an \u201coff-island unsupervised parole\" request. Ehlert, 59, was convicted of third-degree criminal sexual conduct and attempted third- degree criminal sexual conduct. He was sentenced to four years, with all but 18 months in prison suspended, and self- surrendered on June 24, 2019. According to parole officer Mark Fleming, the board heard Ehlert\u2019s request Friday morning. They haven\u2019t deliberated or made a decision as of Friday afternoon. Hannah Rebadulla pleaded with the parole board to deny Ehlert\u2019s request. \u201cYou can protect us,\u201d Rebadulla wrote in her testimony. Crime: Ex-professor marks first month in prison for sex crimes More: Women assaulted by ex professor call for improvements to sexual misconduct policy Rebadulla wrote that Ehlert sexually assaulted her in 2014. His request for unsupervised parole off-island \u201cis truly unnerving,\u201d Rebadulla stated. \u201cJust the thought of having the possibility of running into him outside of Guam horrifies me,\u201d she wrote. Jasmine Stole Weiss Pacific Daily News 2/17/25, 1:54 Ex-professor convicted of sex assault seeks unsupervised parole 1/2 Seeing men or pictures of men who look like him puts her on edge, she wrote, adding that she\u2019s concerned about her safety and other people\u2019s safety if Ehlert will be allowed to have unsupervised parole outside Guam do not know where to begin to tell you how was impacted negatively\u2013 and continue to be \u2013 by the actions of Ehlert do not know whether to start by saying that his actions traumatized me so much that wanted to kill myself to end the pain, or to start by saying that have to live with being reminded of the assault and trial nearly every single day for the rest of my life,\u201d she wrote. She asked the parole board to consider what message they are sending to the victims, their families and communities if they granted his request. \u201cWe need to know that we will be protected,\u201d she wrote. \u201cPlease do not approve Ehlert\u2019s request for unsupervised parole off-island.\u201d Ron McNinch, professor at UOG, also sent the board a letter opposing Ehlert\u2019s request for unsupervised parole. McNinch said if the parole board grants Ehlert\u2019s request, \u201cthis sends a message to Ehlert\u2019s supporters that his sex offenses are minor or trivial in nature believe this is the wrong message to send the community.\u201d McNinch added he believes Ehlert is likely to reoffend and is a danger to any community he will live in. Speaker Tina Muna Barnes also wrote to the board must agree with other letters to your board that Mr. Ehlert be held accountable and that we should maintain, at the very least, necessary supervision of him,\" Barnes wrote. \"Approval of his request for unsupervised off-island parole risks creating societal consequences.\" She wrote she didn't support unsupervised parole for Ehlert. 2/17/25, 1:54 Ex-professor convicted of sex assault seeks unsupervised parole 2/2", "7731_105.pdf": "campus/article_a367b778-7683-11e7-8294-c7673dfba881.html After Ehlert case, university students say they still feel safe on campus Students: Trial increased awareness of sexual misconduct Andrew Roberto | The Guam Daily Post Aug 2, 2017 Despite the criminal sexual conduct conviction of University of Guam professor Michael Ehlert, students at view their school as being generally safe. The Guam Daily Post approached students at the Mangilao campus in between summer-session classes to ask how Ehlert\u2019s conviction has affected them and their school. DOWNTIME: University of Guam students sit on a bench between classes at the Humanities & Social Sciences building of th yesterday. The building is where professor Michael Ehlert conducted his psychology classes. Andrew Roberto/The 1 of 2 2/17/25, 1:54 After Ehlert case, university students say they still feel safe on campus | Local News | postguam.com 1/4 think the jury finding him guilty says that (sexual assault) is not going to be tolerated (at UOG).\" \u2013 Thomas Santos, English major, University of Guam Ruby Palmes, who is an and Linguistics major, said she watched the Ehlert case unfold in the news. \u201cI\u2019m a little shocked,\u201d she said. \u201cI\u2019ve only ever heard of Ehlert from students, but never took his class.\u201d Palmes said Ehlert is mentioned at mostly when campus restrictions are the topic of conversation. She said some of those restrictions prevent professors from hosting parties outside of campus, and prevent professors from attending parties with their work-study students. \u2018Sexual misconduct is a serious thing\u2019 Palmes told the Post it\u2019s her belief that is generally a safe place, and she does not believe sexual assault is a campus-wide problem. Like every student at UOG, Palmes is required to take an online sexual misconduct training course in order to register for classes. While she\u2019s not too confident in the course\u2019s ability to deter assault, she said at the very least the course \u201cmakes students aware that sexual misconduct is a serious thing.\u201d Thomas Santos, an English major, said he was happy Ehlert was found guilty. 2/17/25, 1:54 After Ehlert case, university students say they still feel safe on campus | Local News | postguam.com 2/4 \u201cFor people to even just make an allegation like that, you kind of have to take that subject seriously,\u201d he said. \u201cEspecially because it\u2019s an ongoing issue, not just here but also in the mainland and all over the world. Women are continually mistreated think the jury finding him guilty says that (sexual assault) is not going to be tolerated (at UOG).\u201d He also said that on campus, students can walk freely without worrying about being sexually assaulted. Santos shared Palmes\u2019 sentiment that the sexual misconduct training course is important for awareness. \u201cEven if people brush it off as something like they have to do that is taking their precious time, you\u2019re still putting the thing in front of your face. You\u2019re going to be more aware of it.\u201d However, not all students are satisfied that the sexual misconduct course is administered effectively. Two such students are Diandra Villain and another student, who asked to be identified as \u201cJoe Cruz.\u201d Cruz, a junior, explained in detail how the training course is administered. According to Cruz, the course begins with an overview of what constitutes sexual misconduct. After this overview, Cruz said a test begins. Test takers read a prompt and select from a number of answers. The test does not allow a test taker to move to the next question until the test taker makes a correct answer. It\u2019s been Cruz\u2019s observation that \u201cmost people skim and click next, next, next, on the page.\u201d He said if a student didn\u2019t pay any attention to the overview, they could still conceivably pass by gaming the system. \u201cIf you run into a problem,\u201d Cruz said, \u201cyou could easily click one of the three or four options, get it wrong and then do it again, and by process of elimination,\u201d figure out the correct answer. He admitted this is how he passed some of his training courses. 2/17/25, 1:54 After Ehlert case, university students say they still feel safe on campus | Local News | postguam.com 3/4 For her part, Villain said the training course was too easy to ignore. She feels most students are in a rush to register, and don\u2019t pay much attention to the training feel more aware (of sexual misconduct),\u201d she told the Post, but added that she isn\u2019t sure if is better at protecting against sexual assault because of the course. She did, however, add that in her experience at UOG, a professor\u2019s conduct has never been an issue. \u201cEver since those sexual misconduct trainings have been going on feel like a lot of them do bring it up, and they talk about the importance of it and if you\u2019re feeling uncomfortable to speak up.\u201d Villain also said she\u2019s never felt \u201cweird\u201d around her professors. 2/17/25, 1:54 After Ehlert case, university students say they still feel safe on campus | Local News | postguam.com 4/4", "7731_106.pdf": "HAGATNA, Guam University of Guam professor was convicted of one count of criminal sexual conduct after several female students said he touched them inappropriately at a beach. Professor Michael Ehlert, 56, was also found guilty of one count of attempted criminal sexual conduct and acquitted of another count of criminal sexual conduct, the Pacific Daily News reported ( ) Monday. The professor faces one to eight years in prison for each conviction, prosecutor Matt Heibel said. The three female University of Guam students who accused Ehlert said they attended a party in 2014 at his house. The partygoers later went swimming at a nearby beach, according to witnesses. The students claimed Ehlert reached into their bikinis and touched them inappropriately. The students reported the professor to university officials in 2014, prompting an investigation. Ehlert pleaded not guilty to the third-degree charges and denies any sexual touching occurred. His lawyer, Joaquin Arriola, has previously said that any type of touching that may have occurred during the party may have been accidental. The university has updated its sexual misconduct policy in response to the case to say that any form of sexual misconduct will not be tolerated. University of Guam professor found guilty of sexual conduct Updated 2:19 CST, July 31, 2017 \u2018SNL50' Polar vortex All-Star Game Congo Shakira 2/17/25, 1:54 University of Guam professor found guilty of sexual conduct News 1/2 It also urges students, employees and community members to report, intervene and advocate on behalf of those who have experienced sexual misconduct. As of Monday, Ehlert was on administrative leave and employed by the university as a faculty member, according to the newspaper. Ehlert is under house arrest until his sentencing on Oct. 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 2/17/25, 1:54 University of Guam professor found guilty of sexual conduct News 2/2", "7731_107.pdf": "professor Michael Ehlert pleads not guilty Gaynor Dumat-ol Daleno gdumat-ol@guampdn.com Published 8:28 p.m Jan. 26, 2016 Updated 8:52 a.m Jan. 27, 2016 University of Guam associate professor pleaded not guilty Wednesday morning to charges of criminal sexual misconduct and official misconduct. Michael B. Ehlert appeared before Superior Court Judge Alberto Tolentino, two weeks after a grand jury indicted him. Ehlert, 54, is accused of forcing or coercing two students to accomplish an act of \u201csexual penetration,\u201d according to court documents. The two students were 19 and 23 at the time of the alleged incident in October 2014, court documents state has confirmed the alleged incident occurred at an off-campus activity for one of Ehlert\u2019s psychology classes. Ehlert is free while waiting for his trial, but the judge ordered Ehlert to stay away from and not harass the alleged victims in the case. He also may be subjected to drug or alcohol testing. Hearing requested for sexual misconduct case He faces a $10,000 performance bond if he fails to appear at his subsequent court hearings. His next hearing is scheduled for 9 a.m. Feb. 16. Ehlert\u2019s attorney, Zachary Taimanglo, asked the court to bar media cameras from the courtroom, but the judge said that media followed proper procedures in requesting for camera access President Robert Underwood has said he placed Ehlert on administrative leave with pay in late December after confirming with the Guam Police Department that a criminal 2/17/25, 1:54 professor Michael Ehlert pleads not guilty in sex case 1/2 investigation on Ehlert was underway confirmed in August it had suspended Ehlert for three months after an administrative complaint was filed internally at the university professor faces sexual, official misconduct charges administration described the allegation at the time as \u201cunwanted sexual advances.\u201d The alleged incident occurred on Oct. 31, 2014. As soon as knew of the complaint, Ehlert was suspended, Underwood has said, and after the suspension, the professor went on a sabbatical. UOG\u2019s 2016 spring semester calendar listed Ehlert as a returning professor, but that changed with Underwood\u2019s decision in December to place Ehlert on administrative leave while the case is pending. Ehlert is barred from contact with students on campus, Underwood has said. He said when Ehlert was suspended last year, the information had on the allegations wasn\u2019t as egregious as what has been described in the recent criminal indictment president: Gov. Calvo's statements 'misinformed' 2/17/25, 1:54 professor Michael Ehlert pleads not guilty in sex case 2/2", "7731_108.pdf": "Defense rests in Ehlert sexual assault case Defense rests its case in the trial against University of Guam's Dr. Michael Ehlert. With deliberations expected to start Friday afternoon, defense is asking the court to sequester jurors - that means keep them over the weekend or as long as it takes to come up with a verdict. No more witnesses on behalf of defense, only a quick fact from attorney Jay Arriola to jurors before resting defense's case on Thursday. \"Defendant Michael Ehlert is left-handed,\" said Arriola, adding, \"He asserts his 5th Amendment right to remain silent and the defendant rests.\" Though closing arguments won't be heard until tomorrow. Parties argued another issue: defense's motion to sequester jurors through deliberations due to the high profile nature of the case. Arriola said, \"The jury is exposed to this media day and night by apps by automatic notifications and it just can't be avoided. We are very concerned at the media coverage - the blogs, the postings that people just can't avoid. It shows up. Anybody who likes Facebook, or likes (/) 84\u00b0 (/weather) (/weatheralerts) Weather Alert: Fire Weather 2/17/25, 1:55 Defense rests in Ehlert sexual assault case - KUAM.com News: On Air. Online. On Demand. 1/3 Guam or has the app - it pops up every second as they're testifying. It's very hard to avoid. As much as the court instructs the jury not to pay attention to it, not to discuss it, it's simply unavoidable.\" Though not opposed to the motion, Prosecutor Matthew Heibel questioned - why now? \"Media coverage of high-profile cases is certainly just a fact of doing what we do,\" he stated, \"and there hasn't been any indication so far that the jury has disobeyed anything in terms of looking at the media.\" Heibel also said, \"We certainly wouldn't want them looking at media guess the question is - according to Mr. Arriola, these news stories are coming up every single day - if they've been avoiding them already, then what's the difference with them continuing to avoid them now that they're in the deliberation part?\" The weekend - according to defense - could cause some issues for jurors who will return to their family and friends and be exposed to outside influences spoke with Judiciary of Guam's Director of Policy Planning and Community Relations Shawn Gumataotao who says the last time the local court sequestered a jury was a murder case back in 1999. Judge Vern Perez stated he is taking the motion under consideration. His Honor said, \"Certainly that's not something that have engaged in the past don't know how readily available are system can make for instance hotel rooms or guards available in the weekend, that is marshals want nothing more than a fair deliberation process.\" Closing arguments are scheduled for Friday with deliberations to follow Encampment has grown along the shoreline, littered with trash Customs officer arrested in apparent love triangle case Gumatatotao wants cut, Duenas says show it on receipts Trump administration limits gender recognition, impacting applicants Standup comedian and author Youngmi Mayer talks growing up in Saipan ( ( ( ( applicants) ( saipan) 2/17/25, 1:55 Defense rests in Ehlert sexual assault case - KUAM.com News: On Air. Online. On Demand. 2/3 Admitted drug dealer gets more than eight years in federal prison All content \u00a9 copyright Report ( Public Files (/story/44875329/fcc-applications Applications (/story/44875329/fcc-applications ) All Rights Reserved. For more information on this site, please read our Privacy Policy (/story/18990/privacy-policy), Terms of Service (/story/18991/terms-of-service), and Ad Choices ( Do Not Sell My Personal Information (/story/42294927/ccpa) ( ( 2/17/25, 1:55 Defense rests in Ehlert sexual assault case - KUAM.com News: On Air. Online. On Demand. 3/3", "7731_109.pdf": "board approves changes to sexual misconduct policy Sabrina Lynn Monteverde, and Kyle Daly Pacific Daily News Published 3:43 a.m March 3, 2016 Updated 10:02 a.m March 4, 2016 The University of Guam\u2019s Board of Regents on Thursday unanimously approved a resolution that updates the school\u2019s sexual misconduct policy. One of the major changes to the policy is banning \u201camorous relationships\u201d between students and university employees. According to the new policy, an amorous relationship is defined as \u201cintimate, sexual, and/or any other type of amorous encounter or relationship, whether casual or serious, short-term or long-term.\u201d Prior to the adoption of the new policy allowed such relationships, but discouraged them in cases where a faculty member would have authority over a student. Under the new policy, a employee is forbidden to have a relationship with any undergraduate student, and an employee cannot have a relationship with a graduate student who is under the authority of that faculty member graduate student who currently or previously had an amorous relationship with another student isn\u2019t allowed to be in a position of authority over that student, according to the new policy. \u201cFailure to report the existence of an inappropriate amorous relationship is subject to discipline under this policy,\u201d a fact sheet on the new policy states professor Michael Ehlert pleads not guilty public conversation about sexual misconduct at the island\u2019s higher education institutions was recently sparked after it was made public that a professor allegedly engaged in University of Guam Add Topic 2/17/25, 1:55 board approves changes to sexual misconduct policy 1/3 sexual acts with students at an off-campus activity. The professor, Michael Blair Ehlert, has pleaded not guilty to criminal charges and awaits trial President Robert Underwood said Thursday the policy hadn\u2019t been updated in 10 years. The resolution that passed Thursday was the result of work performed by a committee Underwood appointed in October 2015, according to board member Jillette Leon Guerrero. The committee included members of the staff, administration, faculty, student government and an outside attorney. UOG\u2019s Administrative Council reviewed the updated policy, and a community hearing was held Feb. 17. The new policy received positive feedback at the hearing and in more than 50 written comments submitted later, according to Leon Guerrero. Underwood said some concerns brought up during the community hearing included the ban on consensual sex, how the policy should have been arrived at earlier and how will advertise the new policy. Those concerns are addressed in the updated policy itself, in procedures and processes, and in information dissemination strategies that will be developing over time, he said. Also, the policy will be reviewed annually. Moving forward, all faculty and staff will complete training on the new policy by the end of spring semester, Underwood said. Students won\u2019t be able to register in the fall without completing training on the new policy. The new policy will be part of the Code of Conduct for Employees and the Code of Conduct for Students, Underwood said officials discuss proposed sexual misconduct policies with lawmakers \u201cWe\u2019ve been thinking and brainstorming of all the places we\u2019re going to put it,\u201d he added. Guam Community College officials also are considering changes to its sexual misconduct policy. The college has always practiced zero tolerance when it comes to faculty-student relationships, but it wasn\u2019t actually written in the policy spokeswoman Jayne Flores said this week. 2/17/25, 1:55 board approves changes to sexual misconduct policy 2/3 The board is set to vote on its draft policy on March 11. 2/17/25, 1:55 board approves changes to sexual misconduct policy 3/3"} |
8,288 | Torrence Acheson | Kennesaw State University | [
"8288_101.pdf",
"8288_102.pdf"
] | {"8288_101.pdf": "softball coach Tory Acheson was fired after a Title investigation. Kennesaw State University has fired softball head coach Torrence \"Tory\" Acheson after an investigation by the University's Office of Title found Acheson violated its Sexual Misconduct Policy by making inappropriate comments to members of the team. The investigation also uncovered systematic problems with how the complaints were handled. The University began an investigation in June after an anonymous letter was sent from someone claiming to be a staff member to school administrators. Six current undergraduate softball players, two former players, and two assistant coaches were interviewed as witnesses in the investigation. 11Alive received a redacted copy of Kennesaw State's Office of Title investigation though an Open Records Request that included the anonymous letter. The investigation revealed an earlier anonymous letter had been sent to Athletic Director Vaughn Williams on April 12, 2016. Kennesaw State's Interim President Houston D. Davis released the following statement through a release from the University: \"We are extremely disappointed in Coach Acheson's behavior and apologize to our student- athletes and their parents. This type of conduct simply will not be tolerated at Kennesaw State fires softball coach for sexual misconduct with players Author: Alec McQuade, Julie Wolfe Published: 11:19 August 3, 2016 Updated: 11:19 August 3, 2016 Changes one year after Laken's Riley death \uf110 00:00 / 03:52 \uf026 \uf064 \uf20a \uf013 \uf04b \uf0e2 \uf01e x 2/17/25, 1:55 fires softball coach for sexual misconduct with players | 11alive.com 1/5 As a result of the investigation, the University is putting in place institutional changes to increase department Title training, new reporting structures and the development of enhanced departmental protocols. The anonymous letters The first anonymous letter was sent to Athletic Director Williams and Senior Associate Athletic Director Scott Whitlock on April 12. The letter detailed allegations of Acheson \"belittling\" members of the team and threatening to take their money or stipends away because they were \"stealing scholarship money from him because they are not performing.\" The sender was \"absolutely infuriated\" that he or she had to send the letter and called Acheson's actions \"scare tactics.\" He or she also brings up supposed anger issues in a previous coaching position at Tennessee Tech. The second anonymous letter was sent June 14 to Rod Bossert, Assistance Vice President for Human Resources, as well as Marion Fedrick, the University System of Georgia's Vice Chancellor for Human Resources. It is not known if the sender is the same sender as the April 12 letter. The sender, who claims to have worked at the University for several years, wrote that he or she would not disclose his or her name in fear of losing his or her job or possibly be alienated by other members of the staff. The sender may have been a staff member in the athletic department after repeatedly referring to the department as \"our department.\" The sender said he or she had heard from several sources in the University about \"detrimental behaviors and actions towards female players of the softball team by softball coach, Tory Acheson.\" The sender was upset because he or she alleged that the athletic department had found out several weeks prior and had taken no action. It is not clear if the sender is referring to the first anonymous letter. \"Coach Acheson's has (sic) been reported to have made sexual comments towards the players, insinuations the girls were 'servicing' the baseball players, threatening to remove players scholarships for their lack of performance, uncontrollable berating of the coaching staff and players as well as physically touching players in inappropriate manners,\" the letter states. The sender said he or she realized these types of misconduct are not being dealt with claiming similar previous offenses have occurred. \"We do not understand why these actions/behaviors are being tolerated within our department am aware that this type of conduct happens but continue to be thoroughly disgusted by men who seem to think it is acceptable to make sexual comments to young women without those that make them being held accountable.\" Sexual misconduct allegations The University's release indicated Acheson was fired as a result of sexual misconduct. The June 14 letter alleges, and the investigation confirmed, Acheson made inappropriate sexual comments to his players out of anger and rage. The investigation also revealed a letter of reprimand from Whitlock to Acheson after the first complaint. While parts of it are redacted, it does shed a light on what the \"inappropriate touching\" the second letter refers to could be. 2/17/25, 1:55 fires softball coach for sexual misconduct with players | 11alive.com 2/5 \"Coaches let the sports medicine staff treat/ massage the student-athletes- the coaching staff should not do that!\" it stated. The investigation concluded Acheson is not guilty of the University's definition of sexual assault, but it did find Acheson hugged his players and kissed them on the cheek. The investigation states it is not likely that these actions rose to the level of nonconsensual sexual touching. Acheson addressed a specific complaint about his joking one player had the clap: \"Someone heard me say avoid the clap and it was offensive to them was too comfortable and relaxed. It felt like me and my kids hanging out versus the coach and the players.\" Outbursts because of wife's death The allegations against Acheson included moments of rage and outbursts towards the players, including sexual inappropriate comments regarding the females' boyfriends and removing their scholarships. Acheson admitted to making the comments during the investigation, but he said they need additional context. In Witlock's reprimand letter to Acheson on May 28, it revealed Acheson apologized for the comments, but under no circumstance were the comments justified. In a written response to Whitlock's letter of reprimand, Acheson said the death of his wife had been making him emotional resulting in the outbursts. Acheson's wife, Terry, died suddenly in their Tennessee home in November 2014. \"When my wife passed away, that first year was a whirlwind that never really had time to come to grips with the fact that she's really gone hit this wall of anger, frustration, and denial was really unhappy a lot and borderline depressed,\" Acheson said in the response. The letter of misconduct directed the coach to enroll in a program for grief and anger management. Falsified employment application The investigation found Acheson falsified his employment application. According to a copy of the employment application obtained by 11Alive News, when asked \u201cHave you ever resigned from a position after being notified that your work or conduct was unsatisfactory?\u201d, Acheson answered no. In a follow-up interview with investigators Erika Gravett and Alicia Stignani on July 11, Acheson revealed he left Tennessee Tech under questionable circumstances: \u201cIt was a very complicated thing tried to beat the system wanted to purchase a computer for the softball program and cooked up a way to pay for it with some travel claims that were not really accurate.\u201d 2/17/25, 1:55 fires softball coach for sexual misconduct with players | 11alive.com 3/5 An investigation found KSU's softball coach falsified his employment application. Acheson admitted he was asked to leave. He also admitted he was asked to resign in lieu of termination did not tell the whole story. The way it looked is would have stolen money never really came out and said this is why left told that left because had a disagreement with my Athletic Director,\" he told investigators. The investigation findings also determined Acheson had \u201ca prior similar complaint at Tennessee Tech and suggests a pattern of sexual misconduct\u201d. Athletic Directors' misconduct After the first anonymous letter that was sent to the Athletic Directors, Williams decided to deal with the issues laid out against Acheson internally because he did not see it as a Title issue, according to an interview he gave to investigators looked at that letter saw scholarships and anger. The last piece was about the boyfriends did not see this as Title IX,\" he said. The investigation concluded that Williams and Whitlock should have notified other departments of the University, including Legal affairs, Human Resources and/or the Title Office. They did, however, share the letter with other members of the Athletics Department. The investigation concluded the pair failed to discipline Acheson appropriately. The investigation said the letter \"did not state consequences for failure to correct or change his behavior.\" Following the investigation, the Office of Title recommended a suspension for Williams and Whitlock. Findings of investigation Acheson became angry of several occasions and \u201creacted badly\u201d. \u201cThese displays of anger made some of the team members feel uncomfortable and contributed to the hostile environment. Williams and Whitlock failed to notify anyone outside of Intercollegiate athletics about the allegations. The complaint was never sent to Legal affairs, human resources, or Title Coordinator. 2/17/25, 1:55 fires softball coach for sexual misconduct with players | 11alive.com 4/5 Williams and Whitlock failed to discipline Acheson appropriately. The May 28 letter of reprimand \u201cdid not state consequences for failure to correct or change his behavior\u201d. Acheson falsified his employment application by lying about why he left Tennessee Tech. \u201cIt is more likely than not that Acheson violated the sexual harassment provision of KSU\u2019s Sexual Misconduct Policy\u201d. Acheson told investigators \u201cof a prior similar complaint at Tennessee Tech and suggests a pattern of sexual misconduct\u201d. Recommendation for Acheson Recommendation for Whitlock Recommendation for Williams \u201cFailure to manage further complaints appropriately will result in further discipline up to and including termination\u201d The current structure at does not provide level of attention needed for compliance, including sexual misconduct. \u201cThis model is not consistent with other institutions declined to go on camera with 11Alive News to comment on the report. In a statement, a spokesperson said they had \"identified several opportunities for improvement in its Title compliance\" and \"will be instituting changes to improve the process\". While the initial statement released by focused on those systematic changes and the termination of Acheson, when questioned further by 11Alive News about the suggested suspensions of the Athletic Director and Associate Atheletic Director, the school released a second statement. \"Kennesaw State Interim President Houston Davis has accepted all of the recommendations outlined in the report related to personnel. As for the other recommendations, we are working on making the appropriate adjustments,\" the statement reads. 11Alive News spoke with several students Wednesday evening who did not want to go on camera, but said the coach was well-liked, and some of the softball players said they are heartbroken that he is gone. As of Wednesday night, Acheson was still listed on KSU's faculty website. 11Alive News reached out to him for comment, but have not yet heard back ARTICLE... 2/17/25, 1:55 fires softball coach for sexual misconduct with players | 11alive.com 5/5", "8288_102.pdf": "female-athletes/article_5aa1448a-59a8-11e6-829b-6f5816ea05a1.html women\u2019s softball coach fired for alleged misconduct involving female athletes Anthony White Aug 3, 2016 Privacy - Terms 2/17/25, 1:55 women\u2019s softball coach fired for alleged misconduct involving female athletes | News | mdjonline.com 1/3 \u2014 Torrence \u201cTory\u201d Acheson, Kennesaw State University women\u2019s softball head coach, has been fired following an internal review of allegations of sexual harassment, the university announced Wednesday 2/17/25, 1:55 women\u2019s softball coach fired for alleged misconduct involving female athletes | News | mdjonline.com 2/3 Ex softball coach am not a sexual harasser\u201d 2/17/25, 1:55 women\u2019s softball coach fired for alleged misconduct involving female athletes | News | mdjonline.com 3/3"} |
7,622 | Timothy Frederick Slater | University of Arizona | [
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] | {"7622_101.pdf": "Congresswoman reveals prominent astronomy professor's history of sexual harassment By Sergio Hernandez on January 12, 2016 Leading astronomy educator Timothy Frederick Slater, now a professor at the University of Wyoming, once violated the sexual harassment policy at the University of Arizona. Credit: University of Wyoming U.S. congresswoman is calling out a leading astronomy educator who violated the sexual harassment policy at the University of Arizona, saying the case highlights a larger problem of holding known offenders accountable in higher education. 2/17/25, 1:55 Congresswoman reveals prominent astronomy professor's history of sexual harassment | Mashable 1/16 The astronomer, Timothy Frederick Slater, now holds a prestigious position at the University of Wyoming, where he conducts research and mentors graduate students. But a 2004 investigation at Arizona concluded that Slater created a hostile work environment by regularly subjecting students and employees to unwanted sexual conduct \u2014 such as gifting a student a cucumber-shaped vibrator, going to strip clubs for lunch and openly commenting on women\u2019s bodies. Slater, who remained at Arizona for four years after the investigation, admitted in an interview with Mashable on Sunday that he violated the sexual harassment policy at the university but said that he has since reformed. Even though the events in question happened more than a decade ago, the case highlights a more publicly stated concern among scientists recently that sexual impropriety is a problem in the scientific community, and specifically in astronomy, a field long dominated by men ALSO: Scientific societies grapple with how to stop harassment among their members recent scandal Slater may be the third space scientist to be publicly accused of sexual harassment in recent months. The field was recently rocked by allegations of sexual misconduct by Geoffrey Marcy, a noted exoplanet hunter at University of California at Berkeley, whose name had been floated as a contender for a Nobel Prize in Physics. On Jan. 5, officials at the California Institute of Technology in Pasadena announced that one of its faculty members had recently committed \u201cunambiguous gender-based 2/17/25, 1:55 Congresswoman reveals prominent astronomy professor's history of sexual harassment | Mashable 2/16 harassment\u201d of two graduate students spokeswoman for CalTech, citing \u201cprivacy issues,\u201d declined to comment further, but hours after this story was published, Science magazine reported the person was Christian Ott, a professor of theoretical astrophysics who studies gravitational waves. Astronomer Geoffrey Marcy resigned from his post at Berkeley last year after it emerged that he had sexually harassed students for years, kicking off a public debate over an issue that has long been simmering in the space science community. Credit: AFP/Getty The Slater case now raises questions about how such complaints are handled and shared when faculty and staff move to new institutions, as Slater did when he joined the University of Wyoming in 2008. In a letter sent to the U.S. Department of Education on Monday, Rep. Jackie Speier, D- Calif. cited the Slater case and called on the department\u2019s civil rights office to \u201cclarify\u201d 2/17/25, 1:55 Congresswoman reveals prominent astronomy professor's history of sexual harassment | Mashable 3/16 whether reports of misconduct must be disclosed when they move to a different institution. \u201cThe Slater case, while lurid, is just a symptom of a much larger problem \u2014 how to prevent harassment, and effectively deal with it when it occurs,\u201d the letter said. \u201cIn some ways, the situation is reminiscent of the Catholic Church\u2019s coddling of child-molesting priests. As in the Church, universities protect perpetrators with slap-on-the-wrist punishment and secrecy, while victims are left alone to try to put their academic careers and lives back together.\u201d In a speech on the House of Representatives\u2019 floor Tuesday, Speier said she planned to introduce legislation to require schools to share information about disciplinary proceedings. When violators move between schools, the university they are moving to should be aware of their past conduct, Speier said. \u201cStudents enter astronomy to study the stars, not their professor\u2019s sex life spokeswoman for the Department of Education said it received the letter and looked \u201cforward to responding as we continue our efforts to ensure that all students are able to learn in environments free from sexual harassment.\u201d \u2018Fundamental flaw\u2019 \u201cThe University of Arizona did what it was supposed to do in investigating and ending activities that had created a sexually hostile workplace in 2004,\u201d a university official said in a statement provided to Mashable on Monday. \u201cFollowing an extensive investigation, the university made a finding that its policy prohibiting a discriminatory workplace had been violated, took appropriate personnel actions, and ended the harassment.\u201d 2/17/25, 1:55 Congresswoman reveals prominent astronomy professor's history of sexual harassment | Mashable 4/16 The University of Wyoming confirmed in a statement that officials inquired about \u201can allegation of sexual harassment\u201d but found \u201cno barriers to hiring Dr. Slater.\u201d Multiple sources said that the University of Wyoming never saw or received the report that came out of Arizona\u2019s investigation. An aerial view of the University of Wyoming, where Timothy Slater currently works. Credit: University of Wyoming \u201cIt wouldn\u2019t be released but it would be discussed,\u201d the Arizona spokesman said. \u201cAnd in this case believe it was.\u201d However, Joan Schmelz, a physics professor at the University of Memphis and chair of the American Astronomical Society\u2019s Committee on the Status of Women in Astronomy from 2009 to 2015, said the Slater case \u201cexposes a fundamental flaw in the current system.\u201d 2/17/25, 1:55 Congresswoman reveals prominent astronomy professor's history of sexual harassment | Mashable 5/16 How could Slater, she asked, \u201cstart a new job at the University of Wyoming with a clean slate?\u201d Slater later posted a statement on a website regarding the Arizona investigation. One person, responding to Slater\u2019s online statement, called on prominent science organizations to cut ties with the Slaters\u2019 group, which focuses on science education. Seriously, @nasa, @theAGU, and @BlackPhysicists -- you are listed as partners on this organization's website. You should strongly reassess.\u2014 Ashlee Wilkins (@ashleenwilkins) January 11, 2016 Slater speaks In a hours-long phone conversation on Sunday with Slater and his wife, Stephanie, Slater said he received sexual harassment and management training after the investigation. \u201cWhat can say is that the sexual harassment training worked really well for me,\u201d Slater said can say that one of the things realized in the sexual harassment training is that science can be a real tough place for women think the most important lesson for me has been that you\u2019ve got to have really strong boundaries between your personal and your professional life,\u201d he added. \u201cIf was going to do anything differently think I\u2019d have been more careful about that.\u201d Stephanie Slater, a prominent physics and astronomy education researcher in her own right, said the allegations had resurfaced due to \u201chysteria\u201d in the astronomy community. \u201cMany of us in the astronomy community are sort of worried about the witch hunt that\u2019s going on post-Marcy,\u201d she said. \u201cI\u2019m not apologizing for Geoff Marcy. But am saying 2/17/25, 1:55 Congresswoman reveals prominent astronomy professor's history of sexual harassment | Mashable 6/16 that the process was illegitimate, and it\u2019s having a quite chilling effect in our community.\u201d The Slaters said that while they knew about Speier\u2019s plans to publicize the case, they had not been contacted by the congresswoman\u2019s office. \u201cIt seems odd to me that a legislator will release a document without at least talking to the people that the document is about or at least getting permission from the University of Arizona to do so,\u201d Timothy Slater said. \u201cWe would love to sue the bejesus off a congresswoman who has violated a witnesses\u2019 confidentiality rights by distributing a confidential document,\u201d Stephanie Slater said. Rep. Jackie Speier, D-Calif., said cases like Slater's highlight a larger problem of holding harassers accountable. Credit: Tom Williams Roll Call In October, when BuzzFeed reported that Marcy, a prominent exoplanet hunter at the Berkeley, had sexually harassed students for years, the story made public a broader 2/17/25, 1:55 Congresswoman reveals prominent astronomy professor's history of sexual harassment | Mashable 7/16 issue that had long been discussed more privately within the astronomy and planetary science community. The problem of sexual harassment isn\u2019t just limited to astronomy. In a study published in 2014, 64 percent of the more than 600 respondents from scientific fields said they have been sexually harassed while doing field work. Top researchers can wield a lot of power in their specific fields as they can control access to grant money and jobs, people in the community have said survey presented at a major astronomy conference in Florida last week suggested that sexual harassment is an ongoing problem in space science. While would like to have people think about what we\u2019ve lost in science because of the students who\u2019ve been basically pushed out of the field because they have nowhere to go after having been harassed by an adviser,\u201d astronomer Meg Urry, president of the American Astronomical Society, said during the presentation. \u201cIt\u2019s an extraordinary amount of damage want to get you naked\u2019 Slater began his career as a Kansas high school science teacher in 1989 and has since become one of the most renowned names in astronomy education. Slater said that, over the course of his career, he has received more than $30 million in federally funded grants, and in developing the curriculum for a new generation of astronomy teachers, has received several awards and prestigious appointments. 2/17/25, 1:55 Congresswoman reveals prominent astronomy professor's history of sexual harassment | Mashable 8/16 In 1996, he took a job as a physics professor at Montana State University, where he founded the Conceptual Astronomy and Physics Education Research (CAPER) program that his wife Stephanie today runs as an independent nonprofit. In 2001, he was hired as an astronomy professor at the University of Arizona. Officials there launched an investigation into Slater in 2004 after several people approached the administration to discuss \u201csexually charged conduct they were experiencing in the College of Astronomy and Steward Observatory,\u201d according to the report documenting the inquiry fire rises around the Steward Observatory at the University of Arizona, where Timothy Slater worked from 2001 to 2008. Credit: Norma Jean Gargasz/Getty Images Interviews with several of Slater\u2019s former colleagues and the Slaters themselves corroborated many of the details described in the report. Officials interviewed at least 10 witnesses who worked with Slater and told investigators that he routinely made lewd jokes and behaved inappropriately. Investigators described a 2/17/25, 1:55 Congresswoman reveals prominent astronomy professor's history of sexual harassment | Mashable 9/16 work environment where sexual innuendo was frequent and tolerated and boundaries were often blurred. Slater and another senior member of his lab often invited graduate students to lunch and lap dances at strip clubs and even gave students sex toys \u2014 such as chocolate handcuffs and the cucumber-shaped vibrator \u2014 as gifts. One woman who worked for Slater told investigators that he regularly told her that \u201cshe would teach better if she did not wear underwear.\u201d Once, she said, \u201che grabbed her underwear through her dress, stretched it and snapped it, and said \u2018You\u2019d look a whole lot better without these on.\u2019\u201d The woman also told investigators that she once complained to Slater that the room they were working in was too cold. Slater, the woman said, responded by looking \u201cat her breasts and comment[ing] that he thought \u2018they\u2019 were supposed to get hard and stand out when they were cold, and that it must not be too cold.\u201d On other occasions, she said, Slater told her want to get you naked\u201d and \u201cStand up, turn around \u2014 half the boys in your class are going home to masturbate after watching you teach.\u201d The report mentions one of Slater\u2019s colleagues \u2014 identified in the report as \u201cWitness J\u201d \u2014 whom Mashable was able to identify as Edward E. Prather, a postdoctoral researcher who ran with Slater. One witness identified as \u201cWitness H\u201d told investigators that Prather \u201cseemed to encourage Dr. Slater in his sexual behavior.\u201d \u2018Returned to good standing\u2019 In their statement on Sunday, the Slaters named Prather as someone who was also investigated and found to have violated the school\u2019s sexual harassment policy. 2/17/25, 1:55 Congresswoman reveals prominent astronomy professor's history of sexual harassment | Mashable 10/16 Prather, now a tenured professor at the University of Arizona\u2019s College of Astronomy and executive director of its Center for Astronomy Education, did not respond to repeated requests for comment. Chris Sigurdson, a spokesman for the University of Arizona, confirmed to Mashable that Prather was also investigated. \u201cHe was given remedial and corrective actions to complete,\u201d Sigurdson said. \u201cOnce those were done \u2014 fulfilled, he was returned to good standing with the expectation that he would never repeat the violation.\u201d Investigators also examined whether Slater retaliated against witnesses by firing them or cutting their funding. At least two women \u2014 witnesses \u201cB\u201d and \u201cD\u201d \u2014 said they believed he retaliated against them after suspecting them of triggering the school\u2019s sexual harassment review. Ultimately, the report did not find that retaliation had occurred. Officials were more conclusive on the harassment claim, however, writing at the time that \u201cthere is substantial evidence that Dr. Slater\u2019s sexual conduct was ongoing,\u201d and \u201cprobably occurring more than once every day.\u201d In his own comments to investigators, Slater said he was \u201cprobably inappropriate sometimes\u201d and confirmed several particular details, including the report that he once gave a female graduate student \u201ca pickle or cucumber-shaped vibrator at a \u2018pre-marriage\u2019 party.\u201d However, he denied other claims, such as \u201cdiscussing blow jobs\u201d or \u201cphysically snapping a female\u2019s underwear through her dress.\u201d Such conduct, he said, \u201ccrossed a line that he successfully maintains.\u201d The investigators were not persuaded and concluded that \u201cgiven Dr. Slater\u2019s admitted record of conduct, it is in no way outside the bounds of reasonable conjecture that these 2/17/25, 1:55 Congresswoman reveals prominent astronomy professor's history of sexual harassment | Mashable 11/16 incidents could well have occurred.\u201d Slater continued working at the university until 2008 smear campaign\u2019 Slater left the University of Arizona for the University of Wyoming, where he holds an endowed chair for excellence in higher education. The report documenting the alleged sexual misconduct was confidential at the time of his hire, but it resurfaced at the end of 2015. In November, Pamela L. Gay, an astronomer at Southern Illinois University Edwardsville, got hold of the report. Gay told Mashable that someone sent it to her anonymously in the hopes that she could bring it to light, and that she subsequently spoke to at least one person familiar with the investigation. 2/17/25, 1:55 Congresswoman reveals prominent astronomy professor's history of sexual harassment | Mashable 12/16 Pamela L. Gay, an astronomer at Southern Illinois University Edwardsville, said she sent the Slater report to journalists because the International Astronomical Union was not equipped to protect its community members from abuse. Credit: BDEngler/Wikimedia Sigurdson, the Arizona spokesman, authenticated the report and said it was released by the school\u2019s public records office \u201cby mistake\u201d in 2010. Gay also emailed colleagues at the International Astronomical Union, where she serves on a committee, warning them about more \u201cproblems since he got to Wyoming.\u201d Gay\u2019s complaint prompted a lengthy exchange between the Slaters and the IAU, which ultimately declined to pursue her concerns. In a response dated Dec. 7, Slater admitted to \u201cpoor judgment\u201d while at Arizona, but said that no complaints or investigations of sexual harassment had been lodged against him since and refused to suspend his work on the symposium University of Wyoming spokesman confirmed that the university \u201chas not received any complaints of civil rights discrimination against Dr. Slater, nor has it opened any investigations.\u201d Citing a 2006 performance review at Arizona, his initial vetting at Wyoming and a 2014 department-wide investigation of racial discrimination, Slater wrote that \u201cit would not be a large exaggeration to say that have been subject to more instances of scrutiny than any other astronomy professor in the United States for more than a decade.\u201d In his letter, Slater accused Gay of waging a jealousy-motivated \u201csmear campaign.\u201d \u201cMy wife, Stephanie, and are admittedly very, very successful in our field, which causes more than a small amount of jealousy,\u201d Slater wrote. \u201cDr. Gay and her comrades are our direct competitors, and have unfortunately engaged in this kind of gossip against us for years.\u201d 2/17/25, 1:55 Congresswoman reveals prominent astronomy professor's history of sexual harassment | Mashable 13/16 When the declined to act, she said, she sent the report to journalists did this when realized that astronomy is currently not able to protect its community members from abuse, and that real change would only be possible with public and political pressure acting from the outside,\u201d Gay said in an email. The Slaters have since threatened to sue Gay. On Wednesday, Timothy Slater filed a version of his letter as a sexual harassment complaint with Gay\u2019s university, accusing her of violating its sexual harassment policy by making \u201cfrivolous and malicious sexual harassment charges\u201d against him. The university dismissed the complaint against Gay. Miriam Kramer covers space science for Mashable. Contact her at miriam@mashable.com. Sergio Hernandez is a U.S. & World reporter at Mashable. Contact him at sergio@mashable.com. [wp_scm_comment] UPDATE: 4:30 p.m \u2014 This story was updated to reflect information from the Jan. 12 Science report. The biggest stories of the day delivered to your inbox. Email Address Subscribe These newsletters may contain advertising, deals, or affiliate links. By clicking Subscribe, you confirm you are 16+ and agree to our Terms of Use and Privacy Policy. 2/17/25, 1:55 Congresswoman reveals prominent astronomy professor's history of sexual harassment | Mashable 14/16 About Mashable Editorial Standards 2/17/25, 1:55 Congresswoman reveals prominent astronomy professor's history of sexual harassment | Mashable 15/16 Contact Us We're Hiring Newsletters Sitemap \u00a92005\u20132025 Mashable, Inc., a Ziff Davis company. All Rights Reserved. Mashable is a registered trademark of Ziff Davis and may not be used by third parties without express written permission. About Ziff Davis Privacy Policy Terms of Use Advertise Accessibility Do Not Sell My Personal Information AdChoices 2/17/25, 1:55 Congresswoman reveals prominent astronomy professor's history of sexual harassment | Mashable 16/16", "7622_102.pdf": "View Comments Professor's Sexual Harassment Case Came Out In Congress, And He's Fighting Back Astronomer Timothy Slater is demanding over $30 million from a woman who shared details of an investigation into his case with journalists. He\u2019s also suing the university that conducted the investigation. Tyler Kingkade BuzzFeed News Reporter Posted on May 24, 2017 at 9:14 am Subscribe to BuzzFeed Daily Newsletter 2/17/25, 1:55 Professor's Sexual Harassment Case Came Out In Congress, And He's Fighting Back 1/9 Timothy Slater during a 2014 presentation CAPERTeamTube/YouTube / Via youtube.com An astronomy professor who was outed as a sexual harasser on the floor of Congress has sued the university that investigated him and a woman who leaked information about his long-secret case, saying they wrecked his once-promising future. At a time when colleges are facing accusations they protect star faculty at the expense of victims, the professor, Timothy Slater, is seeking millions of dollars to punish those who let his case go public. Slater has filed two separate lawsuits: one targeting the University of Arizona, and the other against a fellow astronomer, Pamela Gay, who leaked a copy of the university\u2019s 2005 report from its investigation into Slater. Although the investigation took place more than a decade ago, he didn\u2019t sue until Rep. Jackie Speier last year detailed his case on the House floor in a speech about gender discrimination and harassment in the sciences. Both cases are working their way through separate courts. Slater, 49, who was a tenured professor at the University of Arizona, now teaches at the University of Wyoming. In his lawsuit against the University of Arizona, Slater said he has published more than 100 peer-reviewed articles, authored or co-authored 13 books, and been awarded nearly $30 million in federal grants and contracts to support his research. 2/17/25, 1:55 Professor's Sexual Harassment Case Came Out In Congress, And He's Fighting Back 2/9 \u201cHe is also widely recognized for helping more women earn Ph.D.\u2019s in astronomy and astronomy education \u2014 a largely male dominated field \u2014 than any other professor in his age group,\u201d the complaint states. But that\u2019s not what lawmakers heard about Slater in January 2016, when Speier, a Democrat from California, detailed what she called \u201clurid and disturbing\u201d accusations made against him when he was at the University of Arizona in Tucson. Slater became the focus of a University of Arizona investigation in 2004 after several people told school officials about \"sexually-charged and retaliatory conduct\" in the astronomy department, according to a court filing. While three people interviewed by the university said they never experienced harassment by Slater, the investigation concluded in 2005 that Slater violated the sexual harassment policy because he, as the school put it in a court filing, \"conducted himself in a sexual manner.\" \"This report was sealed for over a decade while Dr. Slater went on with his career,\" Speier said on the House floor in January 2016, before she read from it. \"His example shows why so few women continue careers in science and engineering.\" View this video on YouTube youtube.com 2/17/25, 1:55 Professor's Sexual Harassment Case Came Out In Congress, And He's Fighting Back 3/9 Speier said that one female grad student her office spoke with said she had to go to a strip club to discuss her academics with Slater. \"Students enter astronomy to study the stars, not to study the professor's sex life,\" Speier said. Speier also published the university\u2019s report detailing the allegations against Slater on her Congressional website. Slater filed suit in November for an unspecified amount against the Arizona Board of Regents, which controls the University of Arizona, for defamation and for violation of the state's open records law for releasing the report in the first place. Slater and his wife, Stephanie, also filed suit that month for over $33 million against Gay in Illinois for leaking a copy of the report to journalists and to Speier's office. The report's release made it \"impossible\" for him to advance in his career to become a highly-paid university vice president, Slater claims in his Arizona suit. Further, he alleges, his speaking engagements are drying up, colleagues and grad students no longer want to work with him on research, and a high-ranking official told Slater that because of the report's release, future grant requests will probably be denied. While Slater acknowledges he violated the school's policy over a decade ago, it was limited to permitting a crude and crass workplace, and he insists the report is full of false accusations, the lawsuit against the University of Arizona says. After concluding its investigation, the university ordered Slater to take part in sexual harassment sensitivity training, but he remained on the job until 2008, when he was hired by the University of Wyoming for a prestigious position as an endowed chair. The University of Wyoming knew about his harassment case before it hired him. It decided the case presented \u201cno barriers to [Slater's] hiring\" because that \"the matter had been resolved,\" according to Chad Baldwin, a University of Wyoming spokesman. However, Baldwin told BuzzFeed News, the school did not have access to the actual investigation report, which was first released in error by the University of Arizona in response to a 2010 records request from Mark Hammergren, an astronomer at the Adler Planetarium in Chicago. Two months after providing the report to Hammergren, the 2/17/25, 1:55 Professor's Sexual Harassment Case Came Out In Congress, And He's Fighting Back 4/9 university sent him a letter in July 2010 asking him to \u201cdestroy any copies you have of it.\u201d \u201cThe disclosure of this report was done so in error,\u201d the university said in the letter, and it warned of \u201cthe chilling effect its release would have on future possible employee investigations.\u201d It's unclear how the report remained in circulation between then and 2016, when Gay leaked it to journalists and to Speier. Gay and Hammergren declined to comment for this story. Slater is one of several high-profile figures in academia in recent years to be publicly accused of sexual harassment. In 2015, BuzzFeed News reported on how Geoff Marcy, a celebrated astronomer and professor at the University of California, Berkeley, had kept his job despite years of harassment allegations. Last month, BuzzFeed News reported that Berkeley officials knew that at least three students had made sexual misconduct claims against renowned philosophy professor John R. Searle before he was sued in March for harassing a young woman. The same week that Slater's past became public, a case of a tenured astrophysics professor at the California Institute of Technology, Christian Ott, came to light: The university found that Ott harassed two female students, and under the school's self-proclaimed \"zero tolerance\" for such behavior, it suspended him for nine months but also let him keep his job. Ott is due to return to his position in August, but some students are demanding he not be allowed back. Slater's lawsuit against the Arizona Board of Regents claims that the results of his investigative report should have been kept secret under state law. The Arizona regents' policy permits universities to disclose personnel records that are \"reasonably necessary to maintain an accurate knowledge of employee disciplinary actions,\" and it says only a report of a \"final disciplinary action\" should be made public. Slater contends the report on his case wasn't covered by public records law because it was not \"final,\u201d said nothing about punishment, and contained allegations that were not substantiated. 2/17/25, 1:55 Professor's Sexual Harassment Case Came Out In Congress, And He's Fighting Back 5/9 2/17/25, 1:55 Professor's Sexual Harassment Case Came Out In Congress, And He's Fighting Back 6/9 In the suit against Gay, in Madison County, Illinois, Slater and his wife claim that Gay \"stalked\" them and told people about the harassment allegations to gain an edge over him in winning grants. The couple is seeking more than $33 million from Gay, who taught for a decade at Southern Illinois University Edwardsville, but is now the director of technology and citizen science at the Astronomical Society of the Pacific. Their lawsuit accuses Gay of warning members of the International Astronomical Union, a professional trade group, that there were harassment allegations against Slater and revealing to the group that the University of Arizona had found him in violation of its harassment policy. It was in the \"IAU's best interests to not have Tim Slater in a leadership position,\" Gay argued to colleagues in a Nov. 28, 2015 email found in court filings. She also noted that she has had her butt slapped by Timothy Slater at multiple conferences. In a Dec. 1, 2015 email submitted in court, Gay told an colleague that Stephanie Slater \"made a point of showing off her nipple piercings\" at an American Astronomical Society meeting. Stephanie Slater runs the Center for Astronomy & Physics Education Research, which Timothy Slater started. Gay responded in court in February that the Slaters had failed to identify what specifically she said was false and defamatory, or what action or statement caused them harm. Slater tries to set the record straight, from his perspective, in the lawsuit against the Arizona Regents. He argues that he \"never gave a vibrator or chocolate handcuffs\" to grad students, as stated in the Arizona investigation report. That was actually a gift exchange between his then-wife and her friend who was a grad student, the lawsuit says. Slater further denies attempting to grab a woman's underwear, discussing oral sex techniques with colleagues, asking about the dating status of women on campus, or telling a student that her male classmates masturbated thinking about her. All were alleged by witness statements in the university\u2019s investigation report. Rep. Jackie Speier, who detailed sexual harassment allegations against an astronomy professor. Mark Wilson / Getty Images 2/17/25, 1:55 Professor's Sexual Harassment Case Came Out In Congress, And He's Fighting Back 7/9 Topics in this article Slater acknowledged he violated the school\u2019s harassment policy in 2005 by allowing a \"hostile work environment\" that included \"sexual joking, banter, and innuendo,\" but said he's since reformed himself. He wrote as much in a 2015 blog post describing how the case has haunted him. \"Even many years later,\" Slater wrote still have been suddenly removed from professional mentoring-programs, asked not to speak at conferences, been denied grant funding to do faculty workshops at minority institutions, been questioned about if should chair certain committees, and have been morally chastised online by people have never met or spoken to, all because of what people continue to imply about an alleged and inflated history of sexual harassment.\" Slater said last year the sexual harassment training he went through in Arizona \"worked really well for me,\" and that \"the most important lesson for me has been that you\u2019ve got to have really strong boundaries between your personal and your professional life.\" But his lawsuits claim he has suffered unlike before after Speier drew attention to copy released by Arizona officials, and provides a list of ways it messed with his life and his career, and forced Slater to \"embarrassingly\" discuss the allegations with his current college dean and provost. He also says in the Arizona suit he faced additional \"Title inquiries\" at the University of Wyoming, though the suit does not expand on what that means. According to Baldwin, the University of Wyoming spokesman, the school \"conducted an inquiry into Dr. Slater\u2019s interactions with several graduate students several years before\" in response to information it received from one of Slater's colleagues on campus. There were no complaints directly from students, Baldwin said, and the \"inquiry resulted in no findings of inappropriate sexual comments or behavior by Dr. Slater.\" Slater declined to be interviewed for this story. 2/17/25, 1:55 Professor's Sexual Harassment Case Came Out In Congress, And He's Fighting Back 8/9 a brand. \u00a9 2025 BuzzFeed, Inc Press Privacy Consent Preferences User Terms Accessibility Statement Ad Choices Help Contact Sitemap Congress Tyler Kingkade BuzzFeed News Reporter Comments Share your thoughts Be One of the First to Comment 2/17/25, 1:55 Professor's Sexual Harassment Case Came Out In Congress, And He's Fighting Back 9/9", "7622_103.pdf": "From Casetext: Smarter Legal Research Slater v. Ariz. Bd. of Regents Jan 23, 2020 No. 1 19-0030 (Ariz. Ct. App. Jan. 23, 2020) Copy Citation Download Check Treatment Meet CoCounsel, pioneering that\u2019s secure, reliable, and trained for the law. Try CoCounsel free No. 1 19-0030 01-23-2020 SLATER, Plaintiff/Appellant, v REGENTS, Defendant/Appellee Jaburg & Wilk, PC, Phoenix By Kraig J. Marton, Jeffrey A. Silence Counsel for Plaintiff/Appellant Arizona Attorney General's Office, Phoenix By Rachel M. Remes Counsel for Defendant/Appellee Sign In Search all cases and statutes... Opinion Case details 2/17/25, 1:56 Slater v. Ariz. Bd. of Regents, No. 1 19-0030 | Casetext Search + Citator 1/7 WEINZWEIG, Judge 111(c RULE. Appeal from the Superior Court in Maricopa County No. CV2016-013953 The Honorable Kerstin LeMaire, Judge Jaburg & Wilk, PC, Phoenix By Kraig J. Marton, Jeffrey A. Silence Counsel for Plaintiff/Appellant Arizona Attorney General's Office, Phoenix By Rachel M. Remes Counsel for Defendant/Appellee *2 2 Acting Presiding Judge David D. Weinzweig delivered the decision of the Court, in which Judge David B. Gass and Chief Judge Peter B. Swann joined. WEINZWEIG, Judge: \u00b61 Dr. Timothy Slater appeals the superior court's dismissal of his complaint against the Arizona Board of Regents (ABOR) under Arizona Rule of Civil Procedure 12(b)(6). Accepting his factual allegations as true, we conclude that Dr. Slater adequately stated his negligence and breach of confidentiality claims. We reverse and remand \u00b62 On appeal from a motion to dismiss, this court \"assume[s] the truth of [all] well-pled factual allegations and indulge[s] all reasonable inferences therefrom.\" Cullen v. Auto-Owners Ins. Co., 218 Ariz. 417, 419, \u00b6 7 (2008). \u00b63 governs and controls Arizona's state universities, including the University of Arizona. A.R.S. \u00a7\u00a7 15-1601(A), -1625 has \"the powers necessary for the effective governance and administration\" of the University. A.R.S. \u00a7 15-1626(A)(1). To that end has adopted a comprehensive set of regulations, policies and rules for the \"institutions 2/17/25, 1:56 Slater v. Ariz. Bd. of Regents, No. 1 19-0030 | Casetext Search + Citator 2/7 under its control.\" Id. Among ABOR's policies are Policy Number 1-119 on \"Nondiscrimination and Anti-Harassment,\" and Policy Number 6-912 on \"Access to or Disclosure of Personnel Records or Information.\" \u00b64 Dr. Slater was an associate professor of astronomy at the University from 2001 to 2008. He received tenure in 2004. Two months later, \"several individuals\" reported Dr. Slater to University officials for \"continual sexual joking, banter and unwelcome touching,\" but \"refused to file complaints\" for fear of retaliation. The University investigated, interviewing Dr. Slater and at least 11 unnamed witnesses who interacted with Dr. Slater. Before his interview, Dr. Slater was \"assured that the results of the investigation would be confidential.\" *3 3 \u00b65 The University issued a formal 38-page \"Investigative Report\" on March 31, 2005. The document described various allegations of harassment against Dr. Slater and summarized witness interviews. Each page was marked \"CONFIDENTIAL\" in bold and italics. In the end, the report concluded that Dr. Slater violated the University's sexual harassment policy but found insufficient evidence of retaliation. The University pursued no disciplinary action against Dr. Slater. 1 1 Dr. Slater attached a copy of the Investigative Report to his complaint in this lawsuit. \u00b66 In January 2010, a Chicago-based astronomer submitted a public records request to the University for \"documents relating to . . . charges, investigations, and disciplinary actions against former professor of Astronomy Timothy F. Slater.\" The University responded in May 2010 through its Custodian for Public Records in the Office of Institutional Research & Planning Support. The Custodian withheld \"[m]ost records relating to any charges, investigations, and disciplinary actions against [Dr. Slater] due to the chilling effect they would have on future possible employee investigations,\" but disclosed \"the final investigative report that summarizes the findings\" under \"A.R.S. \u00a7 39-121 and 39-128.\" \u00b67 Around two months later, the same Custodian of Public Records asked the Chicago astronomer to \"please destroy any copies\" of the document because it had been disclosed \"in error\" and \"contrary to the policies and 2/17/25, 1:56 Slater v. Ariz. Bd. of Regents, No. 1 19-0030 | Casetext Search + Citator 3/7 practices of the university for release,\" raising concern about the \"chilling effect\" that releasing the report \"would have on future possible employee investigations.\" \u00b68 Almost five years elapsed before a United States Representative read swaths of the Investigative Report into the congressional record to raise awareness about sexual harassment in university science departments. From there, the Investigative Report's contents were widely broadcast and published by news outlets across the nation. In one article, the University of Arizona's Vice President for Communications said the Investigative Report should not have been disclosed and was not a public record. The Vice President lamented that \"[s]omebody forgot or screwed up,\" but promised that \"[c]ontrols have been tightened on that process since then.\" \u00b69 few months later, Dr. Slater submitted his own public records request to the University, seeking the same documents and information produced in response to the initial public records request. *4 refused, explaining that \"the University does not release records of complaint investigations because doing so would be contrary to the best interests of the state and compromise the privacy interests of the complaining individuals and witnesses.\" 4 \u00b610 In November 2016, Dr. Slater sued for breach of confidentiality, defamation, false light, public disclosure of private information and negligence. His complaint alleges that owed him a duty of confidentiality \"by reason of University policy and practice, promises made to [him] and state law and regulation,\" pointing to express and implied contracts, along with his employment relationship. \u00b611 moved to dismiss Dr. Slater's breach of confidentiality and negligence claims for failure to state a claim under Rule 12(b)(6), arguing that \"Slater cannot establish that the investigation report was confidential\" and \"cannot establish that the [University] owed him a duty to keep that report confidential.\" The superior court granted ABOR's motion, reasoning that \"[a]s currently pled, [Dr. Slater] fails to show\" under either \"statute or common law\" that owed or breached a duty of confidentiality to him \"by the release of [the Investigative Report] pursuant to a public records 2/17/25, 1:56 Slater v. Ariz. Bd. of Regents, No. 1 19-0030 | Casetext Search + Citator 4/7 request.\" After discovery, Slater voluntarily dismissed his remaining claims for defamation, false light and public disclosure of private information. The superior court entered final judgment. Dr. Slater timely appealed \u00b612 The superior court dismissed Dr. Slater's negligence and breach of confidentiality claims after concluding that owed no duty of confidentiality to Dr. Slater under any interpretation of his allegations. We review de novo the superior court's dismissal of a complaint under Rule 12(b)(6), and only affirm if the plaintiff has no right to relief under any interpretation of the facts. Coleman v. City of Mesa, 230 Ariz. 352, 355-56, \u00b6 7 (2012). Our review is limited to the complaint itself and attached exhibits. Id. at 356, \u00b6 9. We assume the truth of all well-pled factual allegations and resolve all reasonable inferences in the plaintiff's favor, but \"mere conclusory statements are insufficient to state a claim upon which relief can be granted.\" Cullen, 218 Ariz. at 419, \u00b6 7. \u00b613 The issue of whether a duty exists is a question of law. Quiroz v Inc., 243 Ariz. 560, 564, \u00b6 7 (2018). As relevant here, a duty may arise from \"special relationships recognized by the common law [and] contracts,\" including an employment relationship, id. at 565, \u00b6 14 (citing *5 Bogue v. Better-Bilt Aluminum Co., 179 Ariz. 22, 34 (App. 1994); from contract Diaz v. Phx. Lubrication Serv., Inc., 224 Ariz. 335, 339-40 \u00b6\u00b6 15-19 (App. 2010), or from promises of confidentiality, Cohen v. Cowles Media Co., 501 U.S. 663, 669-671 (1991) (recognizing an enforceable promise of confidentiality under promissory estoppel). 5 \u00b614 We reverse the superior court's dismissal for failure to state a claim because the complaint alleges enough facts, assumed as true, to recognize a duty of confidentiality. The complaint alleges: \"Prior to being interviewed[,] Dr. Slater was assured that the results of the investigation would be confidential.\" The University's alleged \"promise[s]\" and \"assur[ances]\" of confidentiality to Dr. Slater are sufficient to state a cognizable duty of confidentiality. Diaz, 224 Ariz. at \u00b6\u00b6 15-19; Cohen, 501 U.S. at 669-671. We cannot say \"beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.\" See Newman v. 2/17/25, 1:56 Slater v. Ariz. Bd. of Regents, No. 1 19-0030 | Casetext Search + Citator 5/7 Maricopa Cty., 167 Ariz. 501, 503 (App. 1991) (quoting 5A C. Wright & A. Miller, Federal Practice & Procedure \u00a7 1357, at 325). \u00b615 We need not reach whether ABOR's administrative policies create a duty of confidentiality to Dr. Slater, including Policy Nos. 1-119(E) and 6-912(C). As the lawsuit continues, however, the superior court might conclude that ABOR's administrative policies represented implied terms of Dr. Slater's employment, akin to personnel manuals that \"can become part of employment contracts,\" Leikvold v. Valley View Community Hosp., 141 Ariz. 544, 548 (1984), or that these policies represented an actionable standard of conduct based on their purpose, Lombardo v. Albu, 199 Ariz. 97, 100-101 (2000) (citing Restatement (Second) of Torts \u00a7 285). *6 2 6 2 We confine our review to the issues advanced on appeal, and therefore do not address the affirmative defenses that may be advanced as the litigation proceeds \u00b616 We reverse the superior court's dismissal of Dr. Slater's claims for breach of confidentiality and negligence and remand for further proceedings consistent with this decision. About us Jobs News Twitter Facebook LinkedIn Instagram Help articles 2/17/25, 1:56 Slater v. Ariz. Bd. of Regents, No. 1 19-0030 | Casetext Search + Citator 6/7 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, 1:56 Slater v. Ariz. Bd. of Regents, No. 1 19-0030 | Casetext Search + Citator 7/7", "7622_104.pdf": "(AP) \u2014 An Arizona court ruling revives an academic\u2019s lawsuit accusing the University of Arizona of breaching the confidentiality of a 2005 investigative report into harassment allegations against him. The state Court of Appeals ruling Thursday said a trial judge erred in dismissing key parts of Timothy Slater\u2019s lawsuit stemming from the 2010 release of the report to an astronomer under a public records request that the university later said was granted by mistake. Slater was an associate professor of astronomy for the Tucson-based school from 2001-2008. In 2015, a congresswoman read portions of the report into the congressional record to raise awareness about sexual harassment in university science departments. Slater filed his lawsuit in 2016. The trial judge in 2017 granted the university\u2019s motion to dismiss key parts of the suit, ruling that Slater hadn\u2019t shown the university had a confidentiality duty to Slater or had beached one. However, the appellate court ruled that Slater\u2019s lawsuit alleged enough facts to presume there was a duty of confidentiality. The 2005 investigative report concluded that Slater violated the university\u2019s sexual harassment policy but found insufficient evidence of retaliation, and the university took no disciplinary action against him. Slater is now a professor in the School of Teacher Education at the University of Wyoming. Ruling revives lawsuit over release of harassment report Updated 10:05 CST, January 25, 2020 \u2018SNL50' Polar vortex All-Star Game Congo Shakira 2/17/25, 1:56 Ruling revives lawsuit over release of harassment report 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 At least 9 people are dead, including 8 in Kentucky, in latest blast of winter weather presented Ukraine with a document to access its minerals but offered almost nothing in return 1 2 3 4 5 2/17/25, 1:56 Ruling revives lawsuit over release of harassment report News 2/2", "7622_105.pdf": "Congresswoman reveals prominent astronomy professor's history of sexual harassment Sergio Hernandez Updated Tue, January 12, 2016 at 1:05 U.S. congresswoman is calling out a leading astronomy educator who violated the sexual harassment policy at the University of Arizona, saying the case highlights a larger problem of holding known offenders accountable in higher education. Slaterthumb Feed-tw Feed-fb Top Stories Kayaker swallowed by whale Grimace tumbler 'Reheating nachos' Deadly Cybertruck crash Sign in Search the web 2/17/25, 1:56 Congresswoman reveals prominent astronomy professor's history of sexual harassment 1/22 The astronomer, Timothy Frederick Slater, now holds a prestigious position at the University of Wyoming, where he conducts research and mentors graduate students. But a 2004 investigation at Arizona concluded that Slater created a hostile work environment by regularly subjecting students and employees to unwanted sexual conduct \u2014 such as gifting a student a cucumber-shaped vibrator, going to strip clubs for lunch and openly commenting on women\u2019s bodies. Slater, who remained at Arizona for four years after the investigation, admitted in an interview with Mashable on Sunday that he violated the sexual harassment policy at the university but said that he has since reformed. Even though the events in question happened more than a decade ago, the case highlights a more publicly stated concern among scientists recently that sexual impropriety is a problem in the scientific community, and specifically in astronomy, a field long dominated by men. See also: Scientific societies grapple with how to stop harassment among their members recent scandal Slater may be the third space scientist to be publicly accused of sexual harassment in recent months. The field was recently rocked by allegations of sexual misconduct by Geoffrey Marcy, a noted exoplanet hunter at University of California at Berkeley, whose name had been floated as a contender for a Nobel Prize in Physics. On Jan. 5, officials at the California Institute of Technology in Pasadena announced that one of its faculty members had recently committed \u201cunambiguous gender-based harassment\u201d of two graduate students spokeswoman for CalTech, citing \u201cprivacy issues,\u201d declined to comment further 2/17/25, 1:56 Congresswoman reveals prominent astronomy professor's history of sexual harassment 2/22 but hours after this story was published, Science magazine reported the person was Christian Ott, a professor of theoretical astrophysics who studies gravitational waves. Image: AFP/Getty The Slater case now raises questions about how such complaints are handled and shared when faculty and staff move to new institutions, as Slater did when he joined the University of Wyoming in 2008. In a letter sent to the U.S. Department of Education on Monday, Rep. Jackie Speier, D-Calif. cited the Slater case and called on the department\u2019s civil rights office to \u201cclarify\u201d whether reports of misconduct must be disclosed when they move to a different institution. \u201cThe Slater case, while lurid, is just a symptom of a much larger problem \u2014 how to prevent harassment, and effectively deal with it when it occurs,\u201d the letter said. \u201cIn some ways, the situation is reminiscent of the Catholic Church\u2019s Geoffrey Marcy 2/17/25, 1:56 Congresswoman reveals prominent astronomy professor's history of sexual harassment 3/22 coddling of child-molesting priests. As in the Church, universities protect perpetrators with slap-on-the-wrist punishment and secrecy, while victims are left alone to try to put their academic careers and lives back together.\u201d In a speech on the House of Representatives\u2019 floor Tuesday, Speier said she planned to introduce legislation to require schools to share information about disciplinary proceedings. Congresswoman Speier on Sexism in Science Congresswoman Speier on Sexism in Science When violators move between schools, the university they are moving to should be aware of their past conduct, Speier said. \u201cStudents enter astronomy to study the stars, not their professor\u2019s sex life spokeswoman for the Department of Education said it received the letter and looked \u201cforward to responding as we continue our efforts to ensure that all students are able to learn in environments free from sexual harassment 2/17/25, 1:56 Congresswoman reveals prominent astronomy professor's history of sexual harassment 4/22 \u2018Fundamental flaw\u2019 \u201cThe University of Arizona did what it was supposed to do in investigating and ending activities that had created a sexually hostile workplace in 2004,\u201d a university official said in a statement provided to Mashable on Monday. \u201cFollowing an extensive investigation, the university made a finding that its policy prohibiting a discriminatory workplace had been violated, took appropriate personnel actions, and ended the harassment.\u201d The University of Wyoming confirmed in a statement that officials inquired about \u201can allegation of sexual harassment\u201d but found \u201cno barriers to hiring Dr. Slater.\u201d Multiple sources said that the University of Wyoming never saw or received the report that came out of Arizona\u2019s investigation. Image: University of Wyoming \u201cIt wouldn\u2019t be released but it would be discussed,\u201d the Arizona spokesman said. \u201cAnd in this case believe it was University of Wyoming 2/17/25, 1:56 Congresswoman reveals prominent astronomy professor's history of sexual harassment 5/22 However, Joan Schmelz, a physics professor at the University of Memphis and chair of the American Astronomical Society\u2019s Committee on the Status of Women in Astronomy from 2009 to 2015, said the Slater case \u201cexposes a fundamental flaw in the current system.\u201d How could Slater, she asked, \u201cstart a new job at the University of Wyoming with a clean slate?\u201d Slater later posted a statement on a website regarding the Arizona investigation. One person, responding to Slater\u2019s online statement, called on prominent science organizations to cut ties with the Slaters\u2019 group, which focuses on science education. Seriously, @nasa, @theAGU, and @BlackPhysicists \u2014 you are listed as partners on this organization's website. You should strongly reassess. \u2014 Ashlee Wilkins (@ashleenwilkins) January 11, 2016 Slater speaks In a hours-long phone conversation on Sunday with Slater and his wife, Stephanie, Slater said he received sexual harassment and management training after the investigation. \u201cWhat can say is that the sexual harassment training worked really well for me,\u201d Slater said can say that one of the things realized in the sexual harassment training is that science can be a real tough place for women 2/17/25, 1:56 Congresswoman reveals prominent astronomy professor's history of sexual harassment 6/22 think the most important lesson for me has been that you\u2019ve got to have really strong boundaries between your personal and your professional life,\u201d he added. \u201cIf was going to do anything differently think I\u2019d have been more careful about that.\u201d Stephanie Slater, a prominent physics and astronomy education researcher in her own right, said the allegations had resurfaced due to \u201chysteria\u201d in the astronomy community. \u201cMany of us in the astronomy community are sort of worried about the witch hunt that\u2019s going on post-Marcy,\u201d she said. \u201cI\u2019m not apologizing for Geoff Marcy. But am saying that the process was illegitimate, and it\u2019s having a quite chilling effect in our community.\u201d The Slaters said that while they knew about Speier\u2019s plans to publicize the case, they had not been contacted by the congresswoman\u2019s office. \u201cIt seems odd to me that a legislator will release a document without at least talking to the people that the document is about or at least getting permission from the University of Arizona to do so,\u201d Timothy Slater said. \u201cWe would love to sue the bejesus off a congresswoman who has violated a witnesses\u2019 confidentiality rights by distributing a confidential document,\u201d Stephanie Slater said 2/17/25, 1:56 Congresswoman reveals prominent astronomy professor's history of sexual harassment 7/22 Image: Tom Williams Roll Call/Associated Press In October, when BuzzFeed reported that Marcy, a prominent exoplanet hunter at the Berkeley, had sexually harassed students for years, the story made public a broader issue that had long been discussed more privately within the astronomy and planetary science community. The problem of sexual harassment isn\u2019t just limited to astronomy. In a study published in 2014, 64 percent of the more than 600 respondents from scientific fields said they have been sexually harassed while doing field work. Top researchers can wield a lot of power in their specific fields as they can control access to grant money and jobs, people in the community have said survey presented at a major astronomy conference in Florida last week suggested that sexual harassment is an ongoing problem in space science. While the survey, which drew from a self-selected sample of 426 people, cannot reliably be considered representative of the astronomy community as a whole, it suggests an \u201calarming trend,\u201d Christina Richey, chair of the American Jackie Speier 2/17/25, 1:56 Congresswoman reveals prominent astronomy professor's history of sexual harassment 8/22 Astronomical Society\u2019s Committee on the Status of Women in Astronomy, said during a presentation of the results on Jan. 5 would like to have people think about what we\u2019ve lost in science because of the students who\u2019ve been basically pushed out of the field because they have nowhere to go after having been harassed by an adviser,\u201d astronomer Meg Urry, president of the American Astronomical Society, said during the presentation. \u201cIt\u2019s an extraordinary amount of damage want to get you naked\u2019 Slater began his career as a Kansas high school science teacher in 1989 and has since become one of the most renowned names in astronomy education. Slater said that, over the course of his career, he has received more than $30 million in federally funded grants, and in developing the curriculum for a new generation of astronomy teachers, has received several awards and prestigious appointments. In 1996, he took a job as a physics professor at Montana State University, where he founded the Conceptual Astronomy and Physics Education Research (CAPER) program that his wife Stephanie today runs as an independent nonprofit. In 2001, he was hired as an astronomy professor at the University of Arizona. Officials there launched an investigation into Slater in 2004 after several people approached the administration to discuss \u201csexually charged conduct they were experiencing in the College of Astronomy and Steward Observatory,\u201d according to the report documenting the inquiry. 2/17/25, 1:56 Congresswoman reveals prominent astronomy professor's history of sexual harassment 9/22 Image: Norma Jean Gargasz/Getty Images Interviews with several of Slater\u2019s former colleagues and the Slaters themselves corroborated many of the details described in the report. Officials interviewed at least 10 witnesses who worked with Slater and told investigators that he routinely made lewd jokes and behaved inappropriately. Investigators described a work environment where sexual innuendo was frequent and tolerated and boundaries were often blurred. Slater and another senior member of his lab often invited graduate students to lunch and lap dances at strip clubs and and even gave students sex toys \u2014 such as chocolate handcuffs and the cucumber-shaped vibrator \u2014 as gifts. One woman who worked for Slater told investigators that he regularly told her that \u201cshe would teach better if she did not wear underwear.\u201d Once, she said, \u201che grabbed her underwear through her dress, stretched it and snapped it, and said \u2018You\u2019d look a whole lot better without these on.\u2019\u201d The woman also told investigators that she once complained to Slater that the room they were working in was too cold. Slater, the woman said, responded by looking \u201cat her breasts and comment[ing] that he thought \u2018they\u2019 were supposed to get hard and stand out when they were cold, and that it must not be too cold.\u201d Steward Observatory 2/17/25, 1:56 Congresswoman reveals prominent astronomy professor's history of sexual harassment 10/22 On other occasions, she said, Slater told her want to get you naked\u201d and \u201cStand up, turn around \u2014 half the boys in your class are going home to masturbate after watching you teach.\u201d The report mentions one of Slater\u2019s colleagues \u2014 identified in the report as \u201cWitness J\u201d \u2014 whom Mashable was able to identify as Edward E. Prather, a postdoctoral researcher who ran with Slater. One witness identified as \u201cWitness H\u201d told investigators that Prather \u201cseemed to encourage Dr. Slater in his sexual behavior.\u201d \u2018Returned to good standing\u2019 In their statement on Sunday, the Slaters named Prather as someone who was also investigated and found to have violated the school\u2019s sexual harassment policy. Prather, now a tenured professor at the University of Arizona\u2019s College of Astronomy and executive director of its Center for Astronomy Education, did not respond to repeated requests for comment. Chris Sigurdson, a spokesman for the University of Arizona, confirmed to Mashable that Prather was also investigated. \u201cHe was given remedial and corrective actions to complete,\u201d Sigurdson said. \u201cOnce those were done \u2014 fulfilled, he was returned to good standing with the expectation that he would never repeat the violation.\u201d Investigators also examined whether Slater retaliated against witnesses by firing them or cutting their funding. At least two women \u2014 witnesses \u201cB\u201d and \u201cD\u201d \u2014 said they believed he retaliated against them after suspecting them of triggering the school\u2019s sexual harassment review. Ultimately, the report did not find that retaliation had occurred. Officials were more conclusive on the harassment claim, however, writing at the time that \u201cthere is substantial evidence that Dr. Slater\u2019s sexual conduct was ongoing,\u201d and \u201cprobably occurring more than once every day.\u201d 2/17/25, 1:56 Congresswoman reveals prominent astronomy professor's history of sexual harassment 11/22 In his own comments to investigators, Slater said he was \u201cprobably inappropriate sometimes\u201d and confirmed several particular details, including the report that he once gave a female graduate student \u201ca pickle or cucumber-shaped vibrator at a \u2018pre-marriage\u2019 party.\u201d However, he denied other claims, such as \u201cdiscussing blow jobs\u201d or \u201cphysically snapping a female\u2019s underwear through her dress.\u201d Such conduct, he said, \u201ccrossed a line that he successfully maintains.\u201d The investigators were not persuaded and concluded that \u201cgiven Dr. Slater\u2019s admitted record of conduct, it is in no way outside the bounds of reasonable conjecture that these incidents could well have occurred.\u201d Slater continued working at the university until 2008 smear campaign\u2019 Slater left the University of Arizona for the University of Wyoming, where he holds an endowed chair for excellence in higher education. The report documenting the alleged sexual misconduct was confidential at the time of his hire, but it resurfaced at the end of 2015. In November, Pamela L. Gay, an astronomer at Southern Illinois University Edwardsville, got hold of the report. Gay told Mashable that someone sent it to her anonymously in the hopes that she could bring it to light, and that she subsequently spoke to at least one person familiar with the investigation. 2/17/25, 1:56 Congresswoman reveals prominent astronomy professor's history of sexual harassment 12/22 Image: BDEngler/Wikimedia Sigurdson, the Arizona spokesman, authenticated the report and said it was released by the school\u2019s public records office \u201cby mistake\u201d in 2010. Gay also emailed colleagues at the International Astronomical Union, where she serves on a committee, warning them about more \u201cproblems since he got to Wyoming.\u201d Gay\u2019s complaint prompted a lengthy exchange between the Slaters and the IAU, which ultimately declined to pursue her concerns. In a response dated Dec. 7, Slater admitted to \u201cpoor judgment\u201d while at Arizona, but said that no complaints or investigations of sexual harassment had been lodged against him since and refused to suspend his work on the symposium University of Wyoming spokesman confirmed that the university \u201chas not received any complaints of civil rights discrimination against Dr. Slater, nor has it opened any investigations.\u201d Citing a 2006 performance review at Arizona, his initial vetting at Wyoming and a 2014 department-wide investigation of racial discrimination, Slater wrote that \u201cit would not be a large exaggeration to say that have been subject to more instances of scrutiny than any other astronomy professor in the United States for more than a decade.\u201d 2015-01-12-pamela-gay 2/17/25, 1:56 Congresswoman reveals prominent astronomy professor's history of sexual harassment 13/22 In his letter, Slater accused Gay of waging a jealousy-motivated \u201csmear campaign.\u201d \u201cMy wife, Stephanie, and are admittedly very, very successful in our field, which causes more than a small amount of jealousy,\u201d Slater wrote. \u201cDr. Gay and her comrades are our direct competitors, and have unfortunately engaged in this kind of gossip against us for years.\u201d When the declined to act, she said, she sent the report to journalists did this when realized that astronomy is currently not able to protect its community members from abuse, and that real change would only be possible with public and political pressure acting from the outside,\u201d Gay said in an email. The Slaters have since threatened to sue Gay. On Wednesday, Timothy Slater filed a version of his letter as a sexual harassment complaint with Gay\u2019s university, accusing her of violating its sexual harassment policy by making \u201cfrivolous and malicious sexual harassment charges\u201d against him. The university dismissed the complaint against Gay. Miriam Kramer covers space science for Mashable. Contact her at miriam@mashable.com. Sergio Hernandez is a U.S. & World reporter at Mashable. Contact him at sergio@mashable.com. Have something to add to this story? Share it in the comments. UPDATE: 4:30 p.m \u2014 This story was updated to reflect information from the Jan. 12 Science report. UPDATE: Jan. 13 5:10 p.m \u2014 This story was updated to reflect the dismissal of Timothy Slater\u2019s complaint against Gay. View comments About Our Ads Solve the daily Crossword 40,667 people played the daily Crossword recently. Can you solve it faster than others? 2/17/25, 1:56 Congresswoman reveals prominent astronomy professor's history of sexual harassment 14/22 Crossword Play on Yahoo 2/17/25, 1:56 Congresswoman reveals prominent astronomy professor's history of sexual harassment 15/22 2/17/25, 1:56 Congresswoman reveals prominent astronomy professor's history of sexual harassment 16/22 2/17/25, 1:56 Congresswoman reveals prominent astronomy professor's history of sexual harassment 17/22 2/17/25, 1:56 Congresswoman reveals prominent astronomy professor's history of sexual harassment 18/22 Recommended articles 2/17/25, 1:56 Congresswoman reveals prominent astronomy professor's history of sexual harassment 19/22 2/17/25, 1:56 Congresswoman reveals prominent astronomy professor's history of sexual harassment 20/22 Yahoo Politics 2024 Election World Health Science The 360 Contact Us Originals Help Share Your Feedback 2/17/25, 1:56 Congresswoman reveals prominent astronomy professor's history of sexual harassment 21/22 \u00a9 2025 Yahoo. All rights reserved. About Us About Our Ads Site Map 2/17/25, 1:56 Congresswoman reveals prominent astronomy professor's history of sexual harassment 22/22", "7622_106.pdf": "Helping employees find justice in eight states with offices in Illinois, Georgia, and Alabama. Sexual Harassment Scandals by Astronomy Science University Professors Posted by Amanda Farahany | 04/03/2016 The potential for sexual harassment is not only limited to the workplace, but even occurs in education environments. Recently, sexual harassment in academics has been gaining exposure in the news and media. Often the college-years are a rather impressionable period of time for young adults in their late teens and early twenties. Students tend to look up to university advisors and professors for guidance and inspiration. However, some university professors and advisors go beyond the lines of providing help to their students. Some sexually harass their students, either intentionally or unintentionally. Regardless of whether the educator was well aware they were sexually harassing their students or not, their acts could still potentially violate sexual harassment laws. One such academic area where sexual harassment is being discussed in the news and media involves the scandals of astronomy science university professors. Last October, the University of California in Berkeley conducted a six month investigation into professor and astronomer Geoff Marcy for violating the school\u2019s sexual harassment policy. The university did find several instances where there were violations, yet the professor only received a warning for his actions, and the school failed to inform students not involved in the investigation. In another case, at Caltech, astrophysicist professor Christian Ott was found to have violated the school\u2019s sexual harassment policy with two of his students who were working in Ott\u2019s lab. The Justice at Work News Complimentary Phone Consult with an Attorney Today Existing Clients 866-989-0120 \ue61b \uf167 \uf0e1 \uf39e \uf16d \ue07b New Employment Cases 334-237-7773 Home About Practice Areas TestimonialsBlogResources News & Media Contact Us Offices Chat with us! \uf590 2/17/25, 1:56 Astronomy Science Sexual Harassment Scandals 1/5 professor had involved student Sara Gossan in conversations where he professed his love for another one of his students, Io Kleiser. Both woman eventually filed complaints of harassment with the school. Even though Ms. Kleiser had no idea of the feelings her professor had for her, she was fired from his lab. Caltech responded to the allegations by suspending Ott for a period of one year, yet, in the announcement, chose to withhold his name and the reason for the suspension. Still elsewhere in the nation, at the University of Wyoming, it was brought to light Professor Timothy Frederick Slater had been investigated and found to have committed sexual harassment during his time at the University of Arizona. During his time at the University of Arizona, allegations were brought forward stating the professor held class meetings in strip clubs, made comments about the appearance of females working in his lab, and even went so far as to give a female student a sex toy as a gift. After the investigation, the University of Arizona did not fire the professor, but rather required he undergo training to address his inappropriate behaviors, and he remained with the university for another four years before accepting a position at the University of Wyoming. Additionally, the University of Wyoming did not receive information about the investigation, nor did they review any potential claims against the professor before he was hired. Unfortunately, many in the astronomy field feel these harassment claims are just evidence of a more prevalent problem that extends into other academic fields. If you or someone you know has been sexually harassed in an educational environment, it is worth your time to find out your legal rights by contacting the qualified sexual harassment lawyers at Barrett & Farahany by phoning (404) 238-7299 today. Amanda Farahany, the Managing Partner at Barrett & Farahany, is an esteemed advocate for employee rights. Recognized for her exceptional work, she has received numerous accolades, including listings in Super Lawyers and Best Lawyers, as well as being named \"Lawyer of the Year - Employment Law for Individuals.\" Amanda's groundbreaking cases have garnered media attention, and she is a driving force for legislative change. With her leadership, Barrett & Farahany has earned recognition as a top law firm. She is an influential speaker and published author and actively contributes to various law organizations and community initiatives. Amanda Farahany Chat with us! \uf590 2/17/25, 1:56 Astronomy Science Sexual Harassment Scandals 2/5 Previous: What It Takes to Win an Age Discrimination Lawsuit Next: What Do You Do If You\u2019re Being Discriminated Against at Work? Talk To An Attorney Today First Name Last Name Phone Email City State Company How did you hear about How would you like to be contacted? How can we help Georgia Office 2921 Piedmont Road Atlanta 30305 334-237-7773 Alabama Office 120 19th Street North Suite 249, Birmingham 35203 866-951-0903 Illinois Office 77 W. Wacker Dr. Suite 4500 Chicago 60601 773-337-7999 Chat with us! \uf590 2/17/25, 1:56 Astronomy Science Sexual Harassment Scandals 3/5 By providing a telephone number, e-mail address, and submitting this form, you are consenting to be contacted by e-mail text message. Message & data rates may apply. You can reply to opt-out of further messaging. Phone Existing Clients: 866-989-0120 Georgia Alabama Illinois Quick Links Practice Areas Sign up for our newsletter! \ue61b \uf167 \uf0e1 \uf39e \uf16d \ue07b Chat with us! \uf590 2/17/25, 1:56 Astronomy Science Sexual Harassment Scandals 4/5 Name* Phone* Email* Submit By providing a telephone number, e-mail address, and submitting this form, you are consenting to be contacted by e-mail text message. Message & data rates may apply. You can reply to opt-out of further messaging NOTE: Our practice is devoted to victims of sexual harassment and illegal discrimination, and we are unable to offer attorney consultation to any employee who has been accused of sexual harassment or any other form of illegal discrimination, as doing so would create conflicts for us. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Copyright \u00a9 2025 Barrett & Farahany Home About Practice Areas Testimonials Blog Resources News & Media Contact Us Offices Workplace Discrimination & Retaliation Sexual Harassment Executive Compensation Civil Rights Family Medical Leave Act (FMLA) Hostile Work Environment Overtime Retaliation Wrongful Termination Age Discrimination Pregnancy Discrimination Race Discrimination Religious Discrimination Sex Discrimination Sexual Harassment Attorneys Attorney Advertising | Terms of Use | Privacy Policy | Anti-spam Chat with us! \uf590 2/17/25, 1:56 Astronomy Science Sexual Harassment Scandals 5/5"} |
7,477 | James Tunstead Burtchaell | Notre Dame University | [
"7477_101.pdf",
"7477_102.pdf"
] | {"7477_101.pdf": "National Catholic Reporter, December 6, 1991 This week's front page Church in Crisis Notre Dame\u2019s Burtchaell to resign, sources say by Pat Windsor Staff CITY, Mo. -- Holy Cross Father James Tunstead Burtchaell, a prominent theologian at the University of Notre Dame, has agreed to resign from his tenured teaching position following an investigation into charges he had engaged in sexual misconduct while counseling male students. Burtchaell, former university provost and theology department chairman, is currently on sabbatical at Princeton University under a Lilly Endowment grant. Contacted by on three occasions, he refused to comment on either the allegations or his status at Notre Dame except to say he has not resigned. According to university sources, including members of the Holy Cross order, Burtchaell is still on faculty but has agreed to submit his resignation in December, perhaps as early as this week. The resignation is said to be effective at the end of this academic year. Sources said Burtchaell agreed to resign last spring after the university investigated the allegations of several students who claimed Burtchaell had made sexual advances toward them in counseling or in spiritual-advising situations. In some cases, sexual contact as alleged to have occurred between Burtchaell and the students, sources said has spoken with two former Notre Dame students who said Burtchaell made sexual advances on them while in counseling. While the precise details of events that led to Burtchaell\u2019s resignation agreement are known to only a few members of the Notre Dame administration, NCR, through interviews with sources connected to the university, both inside and outside the Holy Cross order, has learned of the general course of events. Sources say that during the 1989-90 academic, several students, independent of one another, confided to a priest in the theology department that they had been sexually harassed or abused by Burtchaell. The faculty member subsequently approached the then-chairman of the theology department, Father Richard McBrien, who then approached the university provost, Timothy O\u2019Meara. O\u2019Meara, sources said, decided to investigate and during the course of the investigation more allegations of sexual misconduct directed at Burtchaell were made. The provost, sources said, met with Burtchaell several times during the 1990-1991 school year, and those meetings led to an agreement between Burtchaell and the university. The precise terms of the agreement -- possibly known only to O\u2019Meara, Notre Dame President Holy Cross Father Edward Malloy and Burtchaell -- are not known. However, sources with knowledge of the agreement said the university agreed to allow Burtchaell to extend last year\u2019s off-campus sabbatical for a year, provided he send a letter of resignation by December 1991 to the head of the university\u2019s theology department. Neither the current Notre Dame theology department chairman, Larry Cunningham, nor former department chairman, McBrien, would comment on the matter. 2/17/25, 1:56 Church in Crisis: Notre Dame\u2019s Burtchaell to resign, sources say 1/4 As part of the agreement, according to sources, the university said it would not speak about the resignation until December. O\u2019Meara has repeatedly declined interview requests by NCR. Associate Provost Roger Schmitz told know nothing about it. If it is known here, it\u2019s known only between Father Burtchaell and the provost, and doubt if either one of them will offer a comment one way or another.\u201d University president Holy Cross Father Malloy also declined to comment. In an Oct. 18 letter responding to an request for an interview, he wrote: \u201cNational Catholic Reporter representatives have been in touch with the provost\u2019s office of the University of Notre Dame concerning the matter about which you wrote me in your letter dated October 11, 1991. Confidentiality governs the interactions of faculty members and that office.\u201d Burtchaell\u2019s Holy Cross order also declined repeated requests for interviews on the Burtchaell case. Holy Cross Provincial Father Carl Ebey said in an Oct. 9 letter than any response \u201cmight compromise the confidentiality that normally governs the relationship between a religious and his religious superior.\u201d The order, meanwhile, issued an \u201cinterim policy\u201d on sexual abuse, outlined in an Oct. 29 letter by Holy Cross provincial Ebey to order members. The letter describes a policy \u201cbased on procedures have been following up to now and which many of you have asked about.\u201d The document makes no specific reference to the Burtchaell case but appears to allude to it, stating that \u201csexual abuse may occur not only between minors and adults but between two adults. This type of abuse, although not publicized as much in the papers, also occurs in our society, and we must have procedures in place for dealing with such activity.\u201d Ebey added that the same procedures used for sexual abuse of minors will be applied to sexual abuse of adults except for \u201cthe reporting of the case to appropriate governmental agencies.\u201d Burtchaell\u2019s career Burtchaell\u2019s career at Notre Dame has spanned more than a quarter of a century 1956 Notre Dame graduate, he returned to the university as a theology professor in 1966. He became theology department chairman in 1968. An profile of Burtchaell written by Jesuit Father Raymond Schroth and published in August, 1989 was headlined, \u201cFather Ivysoul.\u201d It described Burtchaell as an essential part of the Notre Dame fabric: \u201c...he entered Holy Ivy as a freshman, joined the HIFs (Holy Ivy Fathers), got his degree, then returned to Ivy U., where, for the rest of his life, he will live in a student dorm, say a popular Mass, burn his light late, teach generations of students the same courses, counsel them through courtships, bless their marriages, welcome these children to Ivy, teach them the same courses and maybe even write some books--till his engine grinds to a halt and he joins his predecessors in the Ivy Father\u2019s graveyard on the edge of the campus underneath the pines.\u201d In 1970, Burtchaell became the university provost, working with President Theodore Hesburgh. Burtchaell appeared in line for president. But in 1977, for reasons never made public, he was asked to step down from the provost\u2019s office and return to teaching. At that point, Burtchaell also left the Catholic Theological Society of America, the Society of Biblical Literature and the Catholic Biblical Association and emerged, as the profile described it, \u201cas one of the most eloquent writers against abortion.\u201d He authored the Christopher-award winning Rachel Weeping: the Case Against Abortion (1982), and has been an articulate voice in the antiabortion movement since. Burtchaell\u2019s writings have appeared in NCR\u2019s pages. He has written about such subjects as sexuality, marriage, natural law and the Vatican\u2019s 1988 fidelity oath. 2/17/25, 1:56 Church in Crisis: Notre Dame\u2019s Burtchaell to resign, sources say 2/4 Friends and foes alike describe Burtchaell as brilliant. He has critics, however, who say he has an arrogant streak and can be intimidating. Said one former colleague, \u201cHe had made a lot of enemies. He\u2019s the kind of man you could admire because he has a great mind and he has lots of flare for all kinds of things. Yet at the same time he has a streak of arrogance.\u201d Burtchaell, however, has supporters who would take issue with such a characterization. He has a large following among students. Burtchaell, who until his sabbatical lived in an apartment in the back of a student dorm, has gained a reputation for his innovative counseling style Notre Dame public-relations department biographical sketch says of Burtchaell: \u201cHe is also notably popular as a counselor to Notre Dame students.\u201d University atmosphere The Burtchaell resignation comes in the midst of wider university controversy concerning gay students. About 175 faculty members recently signed a letter in the campus newspaper, The Observer, urging Notre Dame to become \u201ca safer place for those in it who are addressing questions about their sexual orientations.\u201d Gays, lesbians and bisexuals on campus \u201cshould not have to fear harassment, the impositions of self-hatred, infringements of intellectual liberty, the loss of employment, physical violence, or sexual abuse,\u201d the letter stated former Burtchaell colleague, with knowledge of the case, said he wondered whether the university\u2019s refusal to recognize a gay student group on campus and the Burtchaell case might be linked. \u201cWe wonder whether the university isn\u2019t starting to stop all mention of homosexuality pro or con. Because if...people start to share and to reminisce, this (Burtchaell) case in particular is going to rise first in everybody\u2019s mind,\u201d he said. University\u2019s action The university\u2019s official response regarding the Burtchaell case has gotten a mixture of criticism and praise from sources within the university. Some applaud the university for taking action and ensuring that Burtchaell will not return; some criticize the agreement -- especially the decision to allow Burtchaell to remain on the faculty during this academic year. The university appears to be making every effort to conceal the Burtchaell matter. For example, in an advertisement in the Oct. 23 issue of The Christian Century, Burtchaell is listed on the faculty for summer and fall of 1992 1991 university faculty handbook refers to sexual harassment as \u201cunwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature.\u201d Under the heading of \u201cconsensual relationships,\u201d the policy states: \u201cBecause of the unique relationships between students and faculty members, with the faculty member serving as educator, counselor, and evaluator, and the possibility of abuse of this relationship, the university views it as unacceptable (including all those who teach at the university, graduate students with teaching responsibilities, and other instructional personnel) to engage in amorous relations with students enrolled in their classes or subject to their supervision, even when both parties appear to have consented to the relationships. \u201cIn keeping with this philosophy of the university, if charges of sexual harassment are made, it shall not be a defense to allege that the relationship was consensual.\u201d The Holy Cross order Several sources said Notre Dame has been more aggressive in disciplining Burtchaell than has the Holy Cross order. Some faculty members told they are troubled that the Holy Cross order has not forced Burtchaell to 2/17/25, 1:56 Church in Crisis: Notre Dame\u2019s Burtchaell to resign, sources say 3/4 take a lower public profile, including putting aside his public writing and speaking. In recent months, Burtchaell has published articles in several Catholic publications, including and America magazine. Additionally, Burtchaell is scheduled to give a keynote speech in June before the Jesuits\u2019 New York province conference. Burtchaell is to address the subject of \u201cMinistry in an American Context.\u201d Sources said some form of counseling is routine in priest sex-abuse cases could not confirm what steps -- if any -- the Holy Cross fathers or the university had taken to assist Burtchaell to respond to alleged victims or to assure against possible further victimization. One source supportive of the order said he has \u201cgreat respect\u201d for the Holy Cross Fathers. But, he continued, \u201cWhat\u2019s more important for me is the church and the mission that we have think that the more we deal as openly as possible with such issues with respect for all concerned, the better we are.\u201d For years, he said, dioceses and religious orders routinely swept problems such as chemical dependency under the rug. \u201cNow that\u2019s being dealt with in a much better way,\u201d he said. \u201cAnd think we need to deal with all issues like that.\u201d In his Oct. 29 letter to members, Provincial Ebey said the \u201cinterim policy\u201d he outline for handling sexual-abuse cases is based largely on policies in place in the Chicago archdiocese and the Phoenix diocese. He reemphasized that members of the order should not discuss such cases. \u201cOur policy will continue to be that we do not discuss individual cases or identify the names of any victim or accused religious, and all members of the province need to be mindful of their own responsibility for preserving such confidence,\u201d he said. The letter states that if a member of the order becomes aware of sexual abuse by a member of the congregation, \u201cit is your duty to report it to the appropriate authorities, including the provincial or district superior, so that we might act in a responsible manner.\u201d The letter outlines the steps to be taken in cases of priest sexual abuse, such as hearing both sides of the story, removing the accused from his assignment pending the investigation\u2019s findings and sending the religious for appropriate psychological testing, consulting with a canon lawyer to discuss the appropriate canonical sanctions and appointing an advisory panel to advise he provincial. Copyright (c) 1991-2002 National Catholic Reporter 115 E. Armour Blvd. Kansas City 64111 2/17/25, 1:56 Church in Crisis: Notre Dame\u2019s Burtchaell to resign, sources say 4/4", "7477_102.pdf": "Former Notre Dame provost Burtchaell dies Margaret Fosmoe South Bend Tribune Published 7:30 a.m April 13, 2015 \u2014 The Rev. James T. Burtchaell, a former University of Notre Dame provost and professor who resigned from the university in 1991 after claims he had engaged in sexual misconduct while counseling male students, died Friday at Holy Cross House in South Bend. He was 81. Burtchaell was a prominent Holy Cross priest and theologian who was stripped of his priestly faculties, meaning he could not celebrate Mass or otherwise perform the religious duties of a Catholic priest. He was chair of Notre Dame's theology department from 1968 to 1970, and university provost \u2014 the second-highest ranking academic officer \u2014 from 1970 to 1977, during the administration of the Rev. Theodore M. Hesburgh. Burtchaell became a leading theologian and a powerful voice in the anti-abortion movement. His book, \"Rachel Weeping: The Case Against Abortion,\" was published in 1982 and won a Christopher Award, which is given to promote works that \"affirm the highest values of the human spirit.\" He left Notre Dame for a sabbatical at Princeton University in 1990. In 1991, the National Catholic Reporter published an article saying that Burtchaell had agreed to resign from Notre Dame after the university investigated allegations made by several male students who claimed the priest had made sexual advances when they had gone to him for spiritual counseling. At the time, Burtchaell issued an apology without making specific reference to the allegations against him, saying he \"had behaved toward some former university students in ways that were wrong, and which very much regretted,\" according to South Bend Tribune archives. 2/17/25, 1:56 Former Notre Dame provost Burtchaell dies 1/2 He later lived in Phoenix, Ariz., but didn't serve as a priest. He no longer had priestly faculties, the Diocese of Phoenix and the Diocese of Fort Wayne-South Bend told the South Bend Tribune in 2003. Burtchaell was born in 1934 in Portland, Ore. He earned a bachelor's degree at Notre Dame in 1956 and was ordained a Holy Cross priest in 1960. He earned a degree in theology from Gregorian University in Rome and a doctorate in divinity from Cambridge University, then returned to Notre Dame in 1966 as a theology professor. Since 2009, he had lived at Holy Cross House, the priests' retirement home near Notre Dame wake will be held at Moreau Seminary Chapel at 7:30 p.m. Tuesday and a Funeral Mass will be celebrated at Sacred Heart Basilica at 3:30 p.m. Wednesday. Burial will follow at Holy Cross Community Cemetery. mfosmoe@sbtinfo.com 574-235-6329 @mfosmoe 2/17/25, 1:56 Former Notre Dame provost Burtchaell dies 2/2"} |
8,181 | William Jacoby | University of Michigan | [
"8181_101.pdf",
"8181_102.pdf",
"8181_103.pdf",
"8181_104.pdf",
"8181_105.pdf",
"8181_106.pdf",
"8181_107.pdf"
] | {"8181_101.pdf": "find professor sexually harassed grad students Associated Press Published 10:19 a.m Jan. 14, 2019 Lansing \u2014 Investigations conducted by Michigan State University and the University of Michigan found a political science professor sexually harassed graduate students. The Lansing State Journal reports that Michigan State hired a consulting firm last year to investigate allegations against William Jacoby. One former student alleged he propositioned her to start an affair, while another told investigators Jacoby asked for sexual favors in return for academic guidance on her research. Michigan State\u2019s report says the evidence shows a \u201cdistinct pattern of behavior.\u201d The University of Michigan\u2019s report also concluded that Jacoby violated the university\u2019s sexual harassment policy. Jacoby has denied the allegations. He says the University of Michigan\u2019s report is biased and incomplete. He says he\u2019s looking into appealing the Michigan State report. Jacoby retired from Michigan State on Jan. 1. 2/17/25, 1:57 find professor sexually harassed grad students 1/1", "8181_102.pdf": "Sexual Harassment in Academia: What Every Graduate Student Should Know 52 Valerie Sulfaro1 & Rebecca Gill2 1.James Madison University 2. University of Nevada Las Vegas KEYWORDS: #MeToo, Title IX, Betrayal Trauma, Bystander. The Scope of the Problem n the era of the #MeToo movement,1 longstanding cultures that enable sexual harassment have been brought into the harsh light of public scrutiny. Despite the somewhat romanticized version of academic life visible to most outside the academy, sexual harassment is a significant problem in higher education. Indeed, as institutions of higher education have failed to address the problem adequately, current and former graduate students have turned to the same social media hashtags to try to build community and find healing (Kachen et al. 2019). It\u2019s important for any potential or current graduate student to understand the scope of this problem in academia. While sexual harassment tends to be invisible to the casual observer, it is an underreported but pervasive phenomenon on college campuses. In this chapter, we introduce some of the research on sexual harassment and provide some thoughts from our own experiences navigating sexual harassment in the field of academic political science. First, some clarification of terms is useful. Gender-based discrimination is an umbrella term that includes a wide variety of behaviors in which a person is treated \u201cunfavorably because of that person\u2019s sex, including the person\u2019s sexual orientation, gender identity, or pregnancy n.d.). Gender dis- crimination can manifest itself in several ways, two of which are key for the purposes of our discussion: sexual coercion and gender harassment 2018 helpful way of distinguishing between the two is to view sexual coercion as a \u201ccome-on\u201d and gender harassment as a \u201cput-down,\u201d although the lines can be somewhat difficult to discern. The term sexual coercion refers to an attempt to use a position of power to extract sexual favors, generally from a subordinate. This kind of harassment can include sexual coercion and unwanted sexual attention. Examples of these include quid pro quo harassment, which involves promises of professional rewards for providing sexual favors and/or threats of professional consequences for refusing sexual de- mands. By contrast, gender harassment is an attempt to disparage, discredit, harass, or otherwise treat you less favorably than others based on your perceived gender traits. Gender harassment can include unwanted sexual discussions, sexist insults, gender slurs, and other behaviors that can create a hostile work environment on account of gender. In everyday discussion, the key components of sexual coercion and gender harassment are usually lumped into the category of sexual harassment. Indeed, the evolution of our interpretation of Title encourages this. Under Title IX, all the behaviors outlined above would be considered sexual harass- ment, provided they are severe or pervasive enough. When we discuss sexual harassment here, we refer to everything included in this broader definition. Unfortunately, graduate school does not provide safe haven. Research shows that between ten Strategies for Navigating Graduate School and Beyond 344 (Cantalupo and Kidder 2018) and thirty-eight (Rosenthal et al. 2016) percent of female students have experienced sexual harassment at the hands of faculty and staff while in graduate school. Female grad- uate students of color, despite their lower share of the graduate student population overall, are substan- tially more likely to experience instances of sexual harassment than are other students (Cantalupo 2019). But women are not the only targets of such abuse. Rosenthal et al. (2016) find that 38% of women and 23% of male graduate students reported experiencing some form of sexual harassment from university faculty and staff. In one study, harassment by fellow graduate students was reported by 58% of women and 39% of men in graduate school (Rosenthal et al. 2016). While men may also experience sexual ha- rassment during their studies, women are generally the targets. The risk is particularly acute for women of color, members of the LGBTQ+ community, and international students. As this discussion makes clear, anyone can be a harasser. Graduate students can be subject to sexual harassment from faculty, staff, or other graduate students. Faculty and staff may also be subject to ha- rassment by graduate students, particularly early in their careers, or if they are adjuncts. Of course, the power dynamic in this instance is somewhat different, in that faculty ostensibly have legal protections against harassment in their place of employment, whereas graduate students have little recourse if a pro- gram chooses to terminate them for misconduct. However, there are situations where a graduate student with powerful faculty allies can have protection against accountability for harassing behavior. While this is not our primary focus here, it is important to acknowledge that the power dynamics in academia can operate in ways that a formal organizational chart might not predict. Unfortunately, it is often difficult to recognize sexual harassment in academia. Even what is pre- sumed to be a consensual intimate relationship may involve sexual coercion. Keller (1990) suggests that such relationships are often characterized by \u201cimplicit or explicit duress\u201d that can push students into such relationships, whether they realize it at the time or not. The potential consequences of declining an unsolicited advance by a faculty member almost certainly influence the student\u2019s decision to engage\u2014 even if this is not obvious to the student in the moment. This problem is uniquely acute for graduate students. Graduate students are far more vulnerable than undergraduates to such pressures because undergraduates are less reliant on specific faculty mem- bers to earn their degrees. Undergraduate students can often navigate around faculty harassers because their careers are generally not so heavily reliant on the support of one specific faculty member. Under- graduates can simply avoid faculty members in taking future courses or ask to be assigned a different advisor, mitigating (but not removing) the damage. Graduate students are far more likely to need to establish and maintain a good working relation- ship with faculty members in their subfield 2018). These faculty members are the ones from whom graduate students take more courses. Graduate students depend on subfield faculty consent to pass qualifying and comprehensive exams, to successfully complete their dissertation, and to receive necessary job references (O\u2019Callaghan et al., 2021). Research has demonstrated that the more dependent a graduate student is on a faculty member, the higher the likelihood that they will experience harassment (Scott 1983). While there is some variability in the rate of reported harassment in studies of different doctoral programs (see Bondestam and Lundqvist 2020), the common element across studies is that sexual ha- rassment is a pervasive, enduring feature of the graduate student experience. That sexual harassment is endemic in higher education suggests that universities either have little interest in combatting the prob- lem of sexual harassment in their ranks, or if they are concerned, they are pursuing the wrong avenues for addressing it. In short, universities have created a climate friendly to sexual harassment and resistant to efforts to curb abuses. However, this should not be a surprise. Certainly, these institutions express commitment to the well-being of their students; most departments and their parent institutions make this commitment very clear in their public-facing material. At the same time, however, these same institutions have an on- going commitment to maintaining the professional reputations of their faculty and their departments. This inherent conflict forces decision makers to weigh competing interests. Unfortunately, institutions of higher education often act in ways that favor preserving the reputation of the faculty over the safety of the students. Thus, there are powerful structural forces that allow sexual harassment to persist in Sexual Harassment in Academia: What Every Graduate Student Should Know 345 academia. The Consequences of Sexual Harassment Sexual harassment in graduate school can be costly for its victims. Harassment acts as a \u201cproductivity tax\u201d that affects the ability of women and others to be effective researchers, manage their time, receive academic support, and contribute to the diversity of ideas in their discipline (Zepeda 2018). It amounts to disparate treatment based on gender that disadvantages its victims vis-\u00e0-vis their peers. Put another way, those who can attend graduate school without experiencing sexual (or other) harassment expe- rience a luxury akin to being raised in an affluent household\u2014even if they are not cognizant of the benefits this creates for them. Dobbin and Kalev (2019) argue that in a workplace setting, experiencing sexual harassment makes people more likely to quit their jobs. It\u2019s easy to see how harassment in an academic setting would pro- duce similar results. Research suggests that students who experience verbal or physical mistreatment demonstrate a decline in their overall academic performance, and those who experience some form of sexual violence exhibit a higher rate of academic attrition than other students (Mengo and Black 2015 2018). Victims experience a drop in motivation levels and suffer higher rates of career impair- ment than students not subject to sexual harassment (Bondestam and Lundqvist 2020). The psychological and physiological effects of sexual harassment on those targeted for such abuse have been described as \u201csevere\u201d (Bondestam and Lundqvist 2020) and can include alcoholism, post-traumatic stress disorder, anxiety, and depression. Scholars offer varying theoretical explanations for why sexual harassment generates these outcomes. One such theory is imposter syndrome, wherein a victim of harassment feels less confident in her intellect and experiences a diminished sense of belong- ing in her discipline as a result of being targeted for abuse (see chapter 50 on imposter syndrome). In an article about imposter syndrome, one researcher describes the relationship this way: \u201cWhat do one-off hand rubbing, leg touching, thigh grabbing, objectification remarks, or second-class status have\u2026 to do with research? Speaking from experiences, sexual harassments of all forms significantly dampen, if not completely kill, the research flame of victims\u201d (Yao 2021, 41-42). Other research finds that being harmed or exploited by a trusted mentor, a phenomenon known as betrayal trauma (Gomez 2019b), can have serious adverse psychological consequences for victims, including anxiety and depression, which may affect academic performance. Another variant of betrayal trauma theory is cultural betrayal trauma (Gomez 2019a). In this instance, a member of a racial or eth- nic minority is targeted for harassment by a member of their own ethnic or racial community, who they might be primed to trust, and on whom they rely for mentorship. This type of traumatic experience is associated with post-traumatic stress disorder (Gomez 2019b). Nadia Brown (2019) has related her own experiences with what she describes as \u201cpersistent sexual advances\u201d from Black male co-workers during her first year at a tenure-track job. As a Black woman at a majority White institution, she was pressured to support her Black colleagues by enduring, and declining to report, this harassment, a phenomenon that creates distinct challenges for women of color. When the act of defending oneself against sexual harassment is portrayed as a form of racial betrayal, women of color may experience higher levels of guilt and trauma from abusive treatment by professors or colleagues in their department. The damage of sexual harassment can extend beyond the immediate targets of harassment. Bond- estam and Lundqvist\u2019s (2020) research finds that merely being a bystander to another person being sexually harassed can lead to adverse psychological consequences. Thus, even those who are not directly victimized can still experience a negative workplace environment if they are in a department where sex- ual harassment occurs. Ultimately, the climate of the department is at risk from such actions. Yet, what goes unmentioned in these studies is the incentive structure for the sexual harasser. Those faculty who victimize their students may pressure their victims to leave an academic program in order to protect their own careers.2 It may not take much pushing, given what we know about the negative effects of harassment on victims. The harassment itself can lead victims to feel isolated and ineffectual, and harassers can pile on by encouraging other faculty to view them in this way. Together, Strategies for Navigating Graduate School and Beyond 346 this can be a strong force that can lead victims of sexual harassment to abandon their studies. Colleagues who accept a faculty member\u2019s negative assessment of a student may not be cognizant of the underlying agenda of victim-bullying but may nevertheless find themselves participating in and maintaining this climate in the academic workplace. How to Respond to an Experience of Sexual Harassment Sexual harassment claims in higher education are often shrouded in secrecy. This makes it difficult for those who experience it to evaluate their institution\u2019s record of handling such complaints. Above and beyond the aforementioned adverse psychological effects of harassment, the process of responding can be retraumatizing, particularly if victims initiate the process expecting university officials to be focused on helping them find justice. Thus, seeking mental and emotional health support, whether on or beyond the campus, should be viewed as a critical part of your response (see chapter 69 on counseling and other resources).The formal institutional process for reporting sexual harassment is generally to file a com- plaint with your institution\u2019s Title officer. Each university has a different system, so it is important to understand your own institution\u2019s policies and procedures. This complaint usually must be made to the Title coordinator within 180 days of the incident on which the complaint is based.3 It will typically require that the complainant identify themselves (Office for Civil Rights, n.d.), which results in the harasser learning the source of the complaint. You will be asked to provide a written description of the events on which your complaint is based and to offer names and contact information for any witnesses you might have. It is also possible to file a third-party complaint (that is, to file a complaint on behalf of another person), but the target of the harassment must still offer written consent for such an investigation to proceed.4 The accused will be permitted to offer their own narratives and their own witnesses and either party may appeal the outcome. While you will be entitled to a written report on the results of the inves- tigation (that is, if your complaint was validated), you have no right to information about what type of discipline, if any, was imposed on the perpetrator. Even this short description of the process makes it clear why many graduate students (and junior faculty members) decline to pursue the formal reporting option. Students may (rightly) worry about their ability to continue in their program (or even in their field) if their harasser learns of their com- plaint. However, there are options for seeking redress outside of this formal process good place to start is to speak with the institution\u2019s ombuds. The ombuds can usually walk you through some of the reporting options at your institution. In addition to walking you through the formal options, the ombuds can provide informal counsel to help you consider the short and long-run conse- quences of the strategies you may employ to handle the situation, help you think through and practice difficult conversations, and when appropriate, connect you to other campus resources. The ombuds can also keep your identity confidential while you decide whether and how to proceed. Some universities employ third-party reporting services where victims or witnesses can report harassing behavior confi- dentially. These systems often allow complaints to remain confidential until such a time as additional complaints are received about a harasser; at that time, the third party can contact other victims to let them know that they are not alone currently uses this type of third-party reporting system, and this is yet another place where harassment in the discipline can be reported.5 Another option is to make a complaint directly to your department. The difference between mak- ing a complaint (formal or informal) in these alternative forms versus filing a Title complaint is that a Title complaint requires an impartial investigation. No such protection exists for complaints filed within a department, for example, where an academic unit head (AUH) is responsible for determining the validity of the claims and whether and how to discipline the offender. While the risk to the careers of victims is high, the risk to the careers of harassers on the faculty is quite low. Despite the oft-expressed fears of false accusations ruining academic careers, vanishingly few faculty members are ever terminated outright for reasons of sexual misconduct. Well-known abusers in the discipline have even had their widely acknowledged harassing behavior minimized by their depart- ments, all the while being promoted to higher administrative posts and within their own departments. Sexual Harassment in Academia: What Every Graduate Student Should Know 347 One such faculty member is Harvard Government Professor Jorge Dominguez, who was initially given a three-year respite from administrative duties in response to a substantiated complaint of several instanc- es of sexual assault by a junior faculty member (Bartlett and Gluckman 2018; Fu and Wang 2018). It was only after Dominguez voluntarily retired that he was subsequently barred from campus and stripped of emeritus status (Berger and McCafferty, 2019). The Dominguez case is not unique. Even when consequences do come to harassers while they are employed, these consequences are often quite lenient. Oftentimes, having a string of credible accusations across multiple years results in an earlier-than-expected retirement and a buyout package (Toppo 2018; Wolcott 2019; see also Academic Sexual Misconduct Database). Sometimes perpetrators simply seek a job at a different institution to avoid the consequences of a harassment complaint. This leaves no paper trail for the hiring institution, leaving them in the dark about who they are hiring, and the risks this may entail for their students. Indeed, perpetrators may even receive glowing recommendations from their department, despite sexual harassment complaints, simply to increase the chances that another institution will take the problematic faculty off their hands. For the graduate student who experiences sexual harassment from a faculty member, this can be incredibly disheartening. One positive development has been the recent set of principles adopted by the American Asso- ciation of Universities regarding sexual harassment. Specifically, Principle 7 states: \u201cIn making hiring decisions, request or require applicants to provide written consent to release personnel information from their prior employer of substantiated findings of sexual misconduct, consistent with applicable law 2021). However, the principles are not binding on member institutions. Moreover, it is unclear what types of behaviors would constitute \u201cpersonnel information\u201d in this context. Would a pending complaint about sexual harassment be included? What about information about the existence of previous university investigations? Is such information limited to what is actually in an applicant\u2019s personnel file (which is likely to be scant) or is an AUH\u2019s knowledge of a sexual harass- ment complaint sufficient to constitute personnel information? The new principles are a step in the right direction, in that they acknowledge some of the problems in combatting sexual harassment in academia. However, it is not clear whether or how these principles will be implemented by member institutions. Departments and universities are still subject to the same reputational and political pressures that they\u2019ve always been, so it\u2019s not clear that these princi- ples create any new incentives to air an institution\u2019s dirty laundry. This leaves a lot of factors to weigh if you\u2019ve experienced sexual harassment. You\u2019ll need to know what to consider in making a decision about whether and how to respond. There\u2019s an inherent conflict for most victims. On one hand, victims have an interest in seeking justice for mistreatment and abuse. On the other hand, victims need to protect themselves and their future careers. Both are legitimate and worthy goals. If you have been victimized, you\u2019ll need to balance the costs of your potential response (which should include the likelihood of achieving the desired outcome) with the benefits you may ac- crue (and, again, with consideration of the likelihood of attaining such benefits). In making such calcu- lations, we suggest some further considerations. First, don\u2019t expect other faculty to know what\u2019s going on in their department\u2014harassment and misconduct is often a \u201cdirty little secret.\u201d In some instances, harassers may have a reputation for their bad behavior, but this is not always the case. Perpetrators generally harass others in private because there are social and career penalties for doing so in public. In our experience, the faculty (and others) we confided in were surprised to hear of what we\u2019d experienced. Not all of them were convinced of the veracity of our stories. It can be devastating to reveal an experience of interpersonal violence and abuse to a trusted associate only to find that they are not believed. In fact, research suggest that such victims experience far worse negative health outcomes than those who do not face skepticism when reporting (Dworkin, Brill, and Ullman 2019). Second, don\u2019t expect other faculty to be willing to go out on a ledge for you, even if this appears to be the ethical thing to do. Faculty have a long-term stake in the department and in maintaining a working relationship with their colleagues. By contrast, graduate students are transient members of the department community. As a graduate student (or junior professor), you don\u2019t vote on their tenure and Strategies for Navigating Graduate School and Beyond 348 promotion. Taking your side openly may endanger some fragile political alliances or put longstanding friendship networks at risk. Adjuncts and visiting faculty are in an even more precarious situation. Gen- erally, contingent faculty simply lack the resources and political capital to advocate on your behalf. It\u2019s important to realize the politics inherent in any complaint that forces faculty members to choose sides\u2014 what their calculations of cost and benefit may be, and how these will influence their decision making. Making a formal complaint about sexual harassment is, simply put, fraught with risk. Mandatory reporting of undergraduate confidential disclosures of sexual assault, for example, not only tend to result in a lack of institutional follow up and penalties, but also violate trust between students and those they confide in, making it far more difficult for students to seek out needed support to cope with the trauma (Holland et al. 2021). In their study of graduate students who filed Title complaints regarding sexual harassment, Cipriano et al. (2021) found that the vast majority of complainants experienced what the researchers described as \u201csevere, education-limiting consequences\u201d as a result of their complaints, with institutions making little to no attempt to hold perpetrators accountable for their actions (see also Flaherty 2022b). Institutions have even improperly threatened students for speaking with anyone about their complaint (Bauer-Wolf 2018) in an attempt to deny them needed social and psychological support and to insulate the university from any outside accountability for their complaint process. Given these risks, a reasonable person might conclude that filing a complaint would be counter- productive. This is not an unethical choice. Institutions should not rely on the most vulnerable members of their community to hold their employees responsible for misconduct. Rather, it is the institution\u2019s re- sponsibility to create a climate that discourages and disincentivizes sexual harassment.6 Being harassed doesn\u2019t obligate anyone to risk their education and their career. At the same time, there may be psychological benefits to reporting your abuser, and those may help to limit the negative consequences of being victimized by a harasser. Carson et al. (2020) find that intentional disclosure of victimization may be an important means of dealing with post-traumatic stress and related consequences, whereas elicited disclosure doesn\u2019t offer such benefits. In short, if you\u2019ve experienced sexual harassment, we ask you to think carefully about your own needs before mounting a response. Is it important for you to receive psychological support from some- one within your department (from faculty or from other graduate students)? Would you prefer to find such support externally (from a therapist or support group)? Are you interested in making a formal complaint against your harasser? If so, are there specific reasons for taking this action in the short term (i.e., are you worried about the damage your harasser is inflicting on your career right now), or are you better off waiting to take action (i.e., when you have more resources at your disposal and less at risk)? What are the potential risks to your career from taking action in the short term in order to attain justice, and what is the probability that such justice can realistically be attained at your institution? Are you better off biding your time, documenting your experiences, and taking some form of action when you are less vulnerable to retaliation and derailment of your career, are more likely to be believed (if you have an established career), and when you have more political power to affect a positive outcome? Is there good reason to be optimistic that your institution\u2019s response could be robust, thereby protecting future graduate students from victimization? There\u2019s no one right answer here. Our key advice, however, is to center your own needs in this decision process. Regardless of any decision you make about filing a complaint, it is important to document your ex- periences. We\u2019ve spoken with numerous women who chose, for various reasons, not to file a formal com- plaint while in graduate school.7 However, future scenarios may arise in which being able to document the behaviors of a harasser becomes more important to you. In the era of #MeToo, this most commonly happens when other victims of the same harasser come forward with their stories. Sometimes, people find it easier to advocate on behalf of someone else than they do for themselves. In such a scenario, you can be an important witness in supporting claims of a pervasive pattern of ha- rassing behaviors. So, try to make a note of any actions or comments that made you uncomfortable, in as much detail as possible, and keep a careful record of dates. Send this information to your own personal email account to preserve the records. This will enable you to seek accountability in the future if you choose to, either on your own behalf or on behalf of a future student who files a complaint against your Sexual Harassment in Academia: What Every Graduate Student Should Know 349 harasser. It\u2019s also important to document harassment that you witness as a bystander. As a graduate student, you may not feel safe intervening on behalf of a person you see is subject to sexual harassment. However, you can be an ally by keeping careful notes of what you\u2019ve witnessed, by offering support to the target of the harassment, and simply by acknowledging what you\u2019ve witnessed to the person who has experienced it. If a complaint is made against the harasser, you will be in a position to validate the experiences of the victim. One of the best avenues for ensuring that your complaint isn\u2019t suppressed by your institution is to make it public. However, this strategy comes with significant risk. Such a strategy requires that you identify yourself and relate your experience to a wider audience. Strategies for this range from speaking up at a conference about a perpetrator, speaking with your campus newspaper, or a venue such as Inside Higher Ed or the Chronicle of Higher Education, which have a reputation for addressing problems of sexual harassment in academia. The more people that are aware of your experience, the more difficult it is for an institution to sweep abuse under the rug. However, speaking up about a powerful perpetrator carries risks, including potential retaliatory behavior from others in your discipline. You will need to carefully weigh your options here. If you\u2019d like to publicize your experience, either to warn other students about a perpetrator and/ or to generate pressure on your institution to respond to concerns about sexual harassment, but you\u2019d like to do so anonymously, there are other avenues that you can pursue external to the formal complaint pro- cess. For example, you may consider creating a subreddit that references sexual harassment at your in- stitution. You can use this forum to reveal your experiences and to allow other potential victims to share information. As a manager of a subreddit, you\u2019ll be able to control who adds and who deletes comments in the feed. That is, you can prevent your institution from deleting posts. Similar postings involving the media industry have led to greater awareness of serial harassers and sexual predators in this sector. Dissatisfaction with an institution\u2019s response to reports of sexual misconduct has often led to other anonymous efforts to hold perpetrators accountable. In the 1990s, students at various institutions used a guerilla-style tactic for combatting the problem of date rape in campus. They made lists of date rapists on bathroom walls at their universities to inform other students of men who posed potential threats (Celis 1990; Culp-Ressler 2014; Pender 2021). Perhaps unsurprisingly, institutions condemned the lists and male students at Brown countered with \u201cwomen who needed to be raped lists.\u201d However, these actions, over the long run, precipitated more serious discussions about sexual misconduct and led to substantial reforms in university policies (Pender 2021).8 Nonetheless, blaming the victim for inviting abusive be- havior is a problem that persists even in the #MeToo era. In some instances, graduate students who have been permitted to unionize have used contract negotiations (and, in the case of Columbia, a work stoppage) to achieve better leverage in the complaint process (see chapter 32 on graduate worker unions). Columbia graduate students were able to get the university to agree to let graduate students avail themselves of mediation or arbitration for sexual ha- rassment claims if they\u2019ve exhausted the normal university complaint process with unsatisfactory results (Flaherty 2022a).9 Most of the well-publicized instances of sexual harassment involve numerous complaints by mul- tiple students over an extended period, during which the institution took little or no action in response to such complaints. These instances remain rare but are notable for the type of public response they elicited. In the instance of Jorge Dominguez, Harvard alumna Elena Sokoloski spearheaded a social media campaign entitled #DominguezMustGo and rally where protesters dressed in black to protest the university\u2019s kid-gloves treatment of Dominguez in the aftermath of the Chronicle of Higher Education\u2019s narrative from one of his accusers (Fu and Wang 2018). Sometimes, these tactics can have some positive results. An example of this is the unusual case of Professor Florian Jaeger from the University of Rochester. When numerous students filed public complaints about a particular faculty member, faculty members within and outside of the institution engaged in a campaign of public condemnation. After multiple students complained that Jaeger was a sexual predator who targeted females in his department, over 400 academics published an open letter advising potential female graduate students to avoid Rochester\u2019s program and pressuring the university Strategies for Navigating Graduate School and Beyond 350 to terminate his appointment (Toppo 2018; Open Letter to the University of Rochester Board of Trustees 2017). The university\u2019s investigation never found Jaeger guilty of sexual misconduct, and he remained in his position (Wadman 2020). However, litigation arising from this dispute led to a $9.4M settlement benefitting the victims, who argued the university retaliated against and defamed claimants (Murphy 2020; Wadman 2020). Advice to Potential Students For those students applying to graduate school, finding out in advance about the climate of a department can be a difficult task. Investigations of offenders tend to be confidential, and firings are exceedingly rare. Disciplinary actions taken against harassers may not be easily discerned, even by colleagues in the department. Thus, it is unlikely that there will be any data available for prospective students to evaluate when trying to make an informed decision about which institution to attend. There are a few options available to prospective students to uncover circumstantial evidence of a program\u2019s level of tolerance for harassment. One way is to engage in conversations with female grad- uate students who are already enrolled in a program, particularly those who are near the end of their studies and may be more willing to discuss what they know. It can also help to contact female alumni of the department to ask them about the climate of the department department with a reputation for bullying is likely to be one that tolerates inappropriate behaviors more generally (Clancy, Cortina, and Kirkland 2020 2018). It can also help to be attentive to the leadership structure of the de- partment. Dobbin and Kalev (2019) find that more women managers in a workplace is associated with greater receptivity to sexual harassment training programs and to complaints made by employees. Thus, a department with a higher female to male ratio, or one where women occupy positions of leadership, may be more receptive to concerns about sexual harassment. Finally, prospective students may also con- sider searching the Academic Sexual Misconduct Database, which catalogues formal complaints against faculty members in all disciplines, although the database is limited to the and does not include anon- ymous complaints that have not been subject to a formal complaint process. 10 Ultimately, one of the most troubling aspects of sexual harassment, particularly when it involves a trusted mentor, is that it is difficult for graduate students to determine whether a potential mentor is a safe person to work with. Harassers and allies may initially present in similar ways\u2014expressing an interest in you and your research and devoting resources to your career. Simply put, it\u2019s often impossible to predict which faculty are good mentors and which are perpetrators who may have a hidden agenda. There are often few warning signs to point you toward well-intentioned mentors and away from ill-in- tentioned ones. As long as universities continue to protect harassers on the faculty, avoiding harassment will re- main a challenge. One way to regain a sense of agency in this situation is to stay alert to potential signs of trouble. Warning signs may include a gradual introduction of sexual jokes into professional conversa- tions or intrusive questions about your personal life. Another red flag is a mentor who expresses unrea- sonable anger if they feel slighted. Casual touching may also be a potential indicator. However, there are scant studies on the qualities and grooming practices of perpetrators of sexual harassment in academia. Rather, most studies focus on the victims. More research is needed on the behavioral traits of harassers so that we can develop evidence-based strategies for deterring such individuals from abusing those to whom they have a professional obligation. In the meantime, we must all stand committed to working toward transformative institutional change to push institutions of higher education to do better by the most vulnerable members of university communities. Endnotes 1 The #MeToo movement gained public attention in October of 2017 following the use of the phrase on social media by actress Alyssa Milano. This movement builds upon the groundbreaking social justice work of Tarana Burke, who used the phrase in her extensive community organizing work to provide support for Black women survivors of sexual violence. For more information on Sexual Harassment in Academia: What Every Graduate Student Should Know 351 References Academic Sexual Misconduct Database: Aldhous, Peter. 2018 Leading Political Scientist Used an Academic Journal to Deny Allegations of Sexual Harassment. Now He\u2019s Resigned as its Editor.\u201d BuzzFeed News (April 20). Retrieved Jan. 31, 2022. ment-journal. Aldhous, Peter. 2019. \u201cHe Denied Sexual Harassment Allegations in an Academic Journal. Now Two Universities Have Found Against Him.\u201d BuzzFeed News (Jan. 18). Retrieved Jan. 31, 2022. https:// American Association of Universities (AAU). 2021 Principles on Preventing Sexual Harassment in Academia. October 26. Retrieved Jan. 31, 2022. ing-sexual-harassment-academia. Bartlett, Tom and Nell Gluckman. 2018. \u201cShe Left Harvard. He Got to Stay.\u201d Chronicle of Higher Educa- tion (February 27). Retrieved Jan. 31, 2022. he-got-to-stay/. Cantalupo, Nancy Chi. 2019. \u201cAnd Even More of Us Are Brave: Intersectionality & Sexual Harassment of Women Students of Color.\u201d Harvard Journal of Law and Gender 42(1):1-82. Bauer-Wolf, Jeremy. 2018. \u201cSubtly Silencing a Sexual Assault Accuser?\u201d Inside Higher Ed (April 20). Re- trieved Jan. 31, 2022. tells-student-who-alleged-sexual-assault-speaking-press-could. the movement, see 2 Harvard Anthropology Professor John Comoroff is accused of sexually assaulting numerous students.When they filed complaints with their department and the Title coordinator, he is alleged to have called them into his office and told them that they would have \u201ctrouble finding jobs\u201d as a result of their complaints (Flaherty 2022b). 3 Many institutions will investigate claims much older than this, but often such investigations are driven at least in part by public pressure when accusations are made in public. This is what happened in our own sexual harassment case (see Sulfaro and Gill 2019). 4 Technically, it is possible for a third-party sexual harassment claim to be investigated by a Title office without the consent of the target. However, without the participation of the target, such investigations are essentially pro forma exercises resulting in no findings of culpability. 5 uses EthicsPoint reporting for this purpose. More information can be found at https:// connect.apsanet.org/respect/submit-a-grievance/. 6 Bondestam and Lundqvist (2020) find that the most effective strategies for combatting sexual harassment are ones that proceed from the bottom up, rather than from the top down. Thus, a deliberate effort on part of departments to generate a no tolerance policy for harassment, and an inclusive climate, are more effective than university policies and sexual harassment training programs. 7 We, too, declined to report our own harassment during our graduate school careers (Sulfaro and Gill 2019). 8 Criticism of the rape list included media commentary by authors such as Joanne Jacobs (1990), who wrote an article in defense of men\u2019s rights, and belittled the concept of date rape, in the Baltimore Sun during this period. 9 In our own experience, making an accusation against Bill Jacoby at Michigan State University led to Jacoby\u2019s use of his position as editor of the American Journal of Political Science to post an open letter on the journal\u2019s website where he accused us of making false accusations against him (Aldhous 2018; Aldhous 2019). This act of public retaliation led to a letter signed by more than 85 members demanding Jacoby\u2019s immediate termination as editor. This letter was accompanied by resignations of multiple members, including a recently elected council member. Jacoby was ultimately stripped of his editorship at the (Flaherty, 2018). 10 Note that there is a clear pattern to the outcomes in this database\u2014faculty are reprimanded, temporarily suspended, or they resign. There are few documented instances of terminations in this database. Strategies for Navigating Graduate School and Beyond 352 Berger, Jonah S. and Molly C. McCafferty. 2019. \u201cHarvard Prof. Dominguez Stripped of Emeritus Status Following Conclusion of Title Investigation.\u201d The Harvard Crimson. (May 9). Retrieved July 25, 2022. Bondestam, Fredrik and Maja Lundqvist. 2020. \u201cSexual Harassment in Higher Education Systematic Review.\u201d European Journal of Higher Education 10(4):397-419. Retrieved Jan. 31, 2022. org/10.1080/21568235.2020.1729833. Brown, Nadia E. 2019. \u201cMentoring, Sexual Harassment, and Black Women Academics.\u201d Journal of Women, Politics, and Policy 40(1):166-173. Retrieved Jan. 31, 2022. 477X.2019.1565455. Carson, Caitlin Walsh, Sara Barbad, Elissa J. Brown, and Valentina Nikulina. 2021. \u201cWhy Do Wom- en Talk about It? Reasons for Disclosure of Sexual Victimization and Associated Symptom- ology.\u201d Violence Against Women 27(15/16):3114-3135. Retrieved Jan. 31, 2022. org/10.1177/1077801220978818. Celis, William III. 1990. \u201cDate Rape and a List at Brown.\u201d New York Times (Nov. 18). Retrieved Jan. 31, 2022. ber=26. Cipriano, Allison E., Kathryn J. Holland, Nicole Bedera, Sarah R. Eagan, and Alex S. Diede. 2021. \u201cSevere and Pervasive? Consequences of Sexual Harassment for Graduate Students and their Ti- tle Report Outcomes.\u201d Feminist Criminology. Preprint. Retrieved Jan. 24, 2022. org/10.1177/15570851211062579. Clancy, Kathryn B.H., Lilia M. Cortina, and Anna R. Kirkland. 2020. \u201cOpinion: Use Science to Stop Sex- ual Harassment in Higher Education 117(37):22614-22618. Retrieved Jan. 5, 2022. https:// doi.org/10.1073/pnas.2016164117. Culp-Ressler, Tara. 2014. \u201cColumbia Students are Writing the Names of Accused Rapists on Bathroom Walls.\u201d ThinkProgess (May 14). Retrieved Jan. 31, 2022. bia-students-are-writing-the-names-of-accused-rapists-on-bathroom-walls-a948e499c5c/. Dobbin, Frank and Alexandra Kalev. 2019. \u201cThe Promise and Peril of Sexual Harassment Programs 116(25):12255-12260. Retrieved Jan. 24, 2022. Dworkin, Emily R., Charlotte D. Brill, and Sarah E. Ullman. 2019. \u201cSocial Reactions to Disclosures of Interpersonal Violence and Psychopathy Systematic Review and Meta-Analysis.\u201d Clinical Psy- chology Review 72:1-14. Retrieved Jan. 5, 2022. EEOC. n.d. \u201cSex-Based Discrimination Equal Employment Opportunity Commission. Washing- ton, D.C. Retrieved Feb. 13, 2022. Flaherty, Colleen. 2022a. \u201cAt Long Last Contract for Columbia Student Workers.\u201d Inside Higher Ed (Jan. 10). Retrieved Jan. 31, 2022. student-workers-reach-contract-deal-end-strike. Flaherty, Colleen. 2022b. \u201cThe Tip of the Iceberg.\u201d Inside Higher Ed (Feb. 9). Retrieved Jan. 31, 2022. https:// pologist. Flaherty, Colleen. 2018. \u201cEditorial Malpractice?\u201d Inside Higher Ed. (April 19). Retrieved July 25, 2022. nal-uses-website-deny-harassment Fu, Angela N. and Lucy Wang. 2018. \u201cForty Years in the Making: Dominguez and Sexual Misconduct at Harvard.\u201d The Harvard Crimson (May 23). Retrieved Jan. 31, 2022. article/2018/5/23/the-dominguez-case/. Gomez, Jennifer M. 2019a. \u201cWhat\u2019s in a Betrayal? Trauma, Dissociation, and Hallucinations among High-Functioning Ethnic Minority Emerging Adults.\u201d Journal of Aggression, Maltreatment & Trau- ma 28(10):1181-1198. Retrieved Jan. 5, 2022. Gomez, Jennifer M. 2019b. \u201cGroup Dynamics as a Predictor of Dissociation for Black Victims of Vi- olence: An Exploratory Study of Cultural Betrayal Trauma Theory.\u201d Transcultural Psychiatry 56(5):10-27. Retrieved Jan. 5, 2022. Hill, Annie. 2018. \u201cReporting Sexual Harassment: Toward Accountability and Action,\u201d The Gender Pol- Sexual Harassment in Academia: What Every Graduate Student Should Know 353 icy Report, University of Minnesota, July 19. Retrieved Jan. 23, 2022. umn.edu/reporting-sexual-harassment-towards-accountability-and-action/. Holland, Kathryn Y., Elizabeth Q. Hutchison, Courtney E. Ahrens, and M. Gabriela Torres. 2021. \u201cRe- porting is Not Supporting: Why Mandatory Supporting, Not Mandatory Reporting, Must Guide University Sexual Misconduct Policies 118(52):e2116515118. Retrieved Jan. 5, 2022. https:// doi.org/10.1073/pnas.2116515118. Jacobs, Joanne. 1990. \u201cRape and the Bathroom Wall.\u201d Baltimore Sun (December 19). Retrieved Jan. 31, 2022. Kachen, Axenya, Anjala S. Krishen, Maria Petrescu, Rebecca D. Gill, and Paula C. Peter. 2020. \u201c#MeToo, #MeThree, #MeFour: Twitter as Community Building Across Academic and Corporate Institu- tions.\u201d Psychology & Marketing 38(3):455-469. Keller, Elisabeth A. 1990. \u201cConsensual Relationships and Institutional Policy.\u201d Academe: Bulletin of the Association of University Professors 76:29-32. Retrieved Jan. 22, 2022. bc.edu/cgi/viewcontent.cgi?article=1952&context=lsfp. Mengo, Cecilia and Beverly M. Black. 2015. \u201cViolence Victimization on a College Campus: Impact on and Dropout.\u201d Journal of Student Retention: Research, Theory & Practice 18(2):234-248. Re- trieved Jan. 5, 2022. Murphy, Justin. 2020 Settles Federal Sexual Misconduct Lawsuit for $9.4 Million.\u201d Democrat & Chronicle (Mar. 27). university-rochester-federal-sexual-misconduct-lawsuit-settlement-9-4-million-jaeger-kidd-cant- lon/2916365001/ National Academy of Sciences, Engineering, and Medicine (NASEM). 2018. Sexual Harassment of Wom- en: Climate, Culture, and Consequences in Academic Sciences, Engineering, and Medicine. https:// O\u2019Callaghan, Erin, Veronica Shepp, Anne Kirkner, and Katherine Lorenz. 2021. \u201cSexual Harassment in the Academy: Harnessing the Growing Labor Movement in Higher Education to Address Sexual Harassment Against Graduate Workers.\u201d Violence Against Women. Preprint. org/10.1177/10778012211035793. Office for Civil Rights Department of Education. N.d Complaint Form. Retrieved Jan. 31, 2022. Open Letter to the University of Rochester Board of Trustees Regarding Sexual Harassment at the Uni- versity of Rochester. 2017. Retrieved Jan. 31, 2022. rochester/ Pender, Caelyn. 2021. \u201c\u2018If We Don\u2019t Start Taking Care of Each Other, No One Will\u2019: How Women Started a Movement that Redefined How Brown Handles Sexual Assault.\u201d Brown Daily Herald (March 18). Retrieved Jan. 31, 2022. taking-care-of-each-other-no-one-will-how-women-started-a-movement-that-redefined-how- brown-handles-sexual-assault. Rosenthal, Marina N., Alec M. Smidt, and Jennifer J. Freyd. 2016. \u201cStill Second Class: Sexual Ha- rassment of Graduate Students.\u201d Psychology of Women Quarterly 40(3):364-377. 10.1177/0361684316644838. Scott, Deborah Deprez. 1983. \u201cSexual Harassment Behaviors, Management Strategies, and Power- De- pendence Relationships Among a Female Graduate Student Population.\u201d Doctoral dissertation, Ball State University. Retrieved Jan. 23, 2022. Sulfaro, Valerie and Rebecca D. Gill. 2019. \u201cTitle IX: Help or Hindrance?\u201d Journal of Women, Politics & Policy 40(1):204-227. Toppo, Greg. 2018. \u201cIs Education Having its Own #MeToo Moment Today (Jan. 4). Retrieved Jan. 31, 2022. too-moment/1001889001/. Wadman, Meredith. 2020. \u201cUniversity of Rochester and plaintiffs settle sexual harassment lawsuit for $9.4 million.\u201d Science (Mar 27). Retrieved July 26, 2022. university-rochester-and-plaintiffs-settle-sexual-harassment-lawsuit-94-million Strategies for Navigating Graduate School and Beyond 354 Wolcott, R.J. 2019 Political Scientist Tried to Trade Academic Guidance for Sex, University Finds.\u201d Lansing State Journal (Jan. 14). Retrieved Jan. 31, 2022. news/2019/01/14/msu-um-find-political-scientist-propositioned-grad-students-sex/2558997002/. Yao, Danfeng (Daphne). 2021. \u201cDepth and Persistence: What Researchers Need to Know About Impos- tor Syndrome.\u201d Communications of the 64(6):39-42. Retrieved Feb. 14, 2022. org/doi/10.1145/3437255. Zepeda, Lydia. 2018. \u201cSexual Harassment and the Toll It Takes.\u201d Science (Jan. 4). Retrieved Jan. 23, 2022.", "8181_103.pdf": "18\u00b0 Lansing 2 Weather Alerts In Effect \uf00d \uf0c9 News First Alert Weather Livestream was confused and distressed\": former professor's accusers speak out (WILX) By Megan Hiler Published: Jan. 14, 2019 at 5:14 2/17/25, 1:57 was confused and distressed\": former professor's accusers speak out 1/5 former Michigan State University and University of Michigan political science professor is accused of sexually harassing graduate students. Michigan State University confirmed it recently wrapped up an investigation into William Jacoby's actions after multiple women came forward. New's 10's Megan Hiler spoke to two of them. \"He started talking about my looks and how 'mysterious was and asked if would consider having an affair with him,\" Rebecca Gill said. Gill says he came onto her while they participated in a summer program at the University of Michigan in 2002. Later that year, he started teaching at MSU. She described herself as shocked, and says she rejected the affair. Another woman says she was afraid too was confused and distressed and didn't know what to say didn't say no and didn't say yes said maybe was very flustered and at that point he kissed me, he touched me and kind of ground his pelvis against me,\" Valerie Sulfaro said. Sulfaro was a graduate student at the University of South Carolina in the early 1990's when she started an affair with Jacoby that lasted about two years. She said she felt pressured into it. \"It was extremely alienating felt like it was my fault.\" News 10's Megan Hiler stopped by the former professor's house for comment. Jacoby said me he disagrees with the findings and denies the allegations as well. But he said he can't comment while he looks at his appeal options can't say that I'm surprised that he's still denying the claims. But of course now, its not just me. Its several women that have similar stories,\" Gill said. Both Michigan State's and University of Michigan's report show that there are multiple accusers and multiple witnesses. The report finishes by saying \"The preponderance of the evidence supports a finding that Respondent violated the University Sexual Harassment Policy.\" Both women say they hope coming forward inspires change in the entire academic community. \"Yeah hope more people will come forward but hope that we also develop better professional standards don't see that happening anytime in the near future because there are more people out there like Dr. Jacoby,\" Sulfaro said. Jacoby retired on Jan. 1 says it won't take action until the appeals process ends of says Jacoby will not take part in its programs any more. 2/17/25, 1:57 was confused and distressed\": former professor's accusers speak out 2/5 We'll let you know where the case goes from here. Most Read \uf144 45-year-old man shot and killed early Sunday in Lansing \uf144 Michigan State Police investigating a Saturday night crash that killed one, injuring another \uf144 Four people hospitalized after house fire in Lansing Elementary school student passes out Valentine\u2019s Day envelopes containing razor blades, police say \uf144 Mother of three arrested after abandoning her children for years \uf144 Illinois governor declares Lake Michigan is now Lake Illinois \uf144 First Alert Weather Day continues 2/17/25, 1:57 was confused and distressed\": former professor's accusers speak out 3/5 Latest News \uf144 Michigan congresswoman reacts to cuts Jr confirmation Experts urge caution as more snowfalls on Michigan roadways \uf144 Raising money to help support a local Lasing shelter \uf144 Mother of three arrested after abandoning her children for years \uf144 Michigan State Police investigating a Saturday night crash that killed one, injuring another \uf144 \uf144 Raising money to help support a local Lasing shelter \uf144 Experts urge caution as more snow falls on Michigan roadways 2/17/25, 1:57 was confused and distressed\": former professor's accusers speak out 4/5 \uf144 Mother of three arrested after abandoning her children for years weather web 2/16/2025 \uf144 Public Inspection File FCC-PublicFile@wilx.com - (517) 393-0110 Terms of Service Privacy Policy Statement Applications Advertising Digital Marketing Closed Captioning/Audio Description At Gray, our journalists report, write, edit and produce the news content that informs the communities we serve. Click here to learn more about our approach to artificial intelligence Gray Local Media Station \u00a9 2002-2025 News Studio 10 Community Facebook First Alert Weather Style Careers Sports Featured Guests Make An Impact Instagram Livestream Schedule Contact Us YouTube 500 American Road Lansing 48911 (517) 393-0110 2/17/25, 1:57 was confused and distressed\": former professor's accusers speak out 5/5", "8181_104.pdf": "Retraction Watch Tracking retractions as a window into the scientific process Yoshinori Watanabe Prominent researcher dismissed following misconduct probe The University of Tokyo has fired a high-profile cell biologist after a probe determined his group had falsified data. According to a news release issued today (in Japanese), the university has issued a \u201cdisci- plinary dismissal\u201d of Yoshinori Watanabe (ac- cording to our Google translate of the notice). In 2016, the institution began an investigation of seven papers from Watanabe\u2019s lab after receiv- ing anonymous allegations. In August 2017, the university announced the result: Five papers contained falsified or fabricated images. One \u2014 a 2015 Science paper \u2014 has already been retracted. According to Clarivate Analytics\u2019 Web of Science, Watanabe has published more than 100 papers, which have been cumulatively cited thousands of times. Last year, regarding the Science retraction, Watanabe told us: Continue reading April 27, 2018 Alison McCook japan retractions, misconduct investigations Leave a comment \uf429 \uf307 \uf304 \uf301 \uf300 2/17/25, 1:57 Retraction Watch \u2013 Page 226 \u2013 Tracking retractions as a window into the scientific process 1/8 Chemists duke it out over who was first to discover a 30-year-old technique Decades ago, unbeknownst to each other, two chemists were independently working on a screening approach to identify new potential drugs. Both published papers about the technique around the same time. So now, when scientists write papers that cite the technique, who should get credit for discovering it? Decades later, that question still hasn\u2019t been answered \u2014 and the researchers continue to argue, this time over one\u2019s decision not to cite the other\u2019s work. More than 30 years ago, \u00c1rp\u00e1d Furka\u2014now retired from E\u00f6tv\u00f6s Lor\u00e1nd University in Budapest\u2014developed an approach he says has had \u201cout- standing importance\u201d in drug development. The technique, called split-mix synthesis, made it possible to synthesize and screen millions of peptides at once, instead of one by one. Furka patented the method in 1982, presented an abstract in 1988, and published a paper in 1991. Continue reading April 26, 2018 Victoria Stern Adv Drug Delivery Rev, author objections, chemistry retractions, Current Opinion Chem Bio, elsevier, hungary, united states 4 Comments \uf429 \uf307 \uf304 \uf301 \uf300 Researcher loses battle with Cell over wording of retraction notice For months, a researcher has wrestled with a journal over the wording of an upcoming retraction notice. It appears that she has lost. Earlier this week, Cell retracted the paper, despite the protests of first author Shalon Babbitt Ledbetter. When Ledbetter learned the journal was planning to retract the bio- chemistry paper over image manipulations, but wouldn\u2019t name the culprit in the no- 2/17/25, 1:57 Retraction Watch \u2013 Page 226 \u2013 Tracking retractions as a window into the scientific process 2/8 tice, she shared her concerns on PubPeer. Although a 2015 letter sent to Cell from Saint Louis University identified last author Dorota Skowyra as responsible for multiple manipula- tions, the journal wasn\u2019t planning to say Skowyra was responsible in the retraction notice. Which would leave all other authors \u2014 particularly Ledbetter \u2014 under a cloud of suspicion. Now, Cell Press has finally retracted the paper, along with another paper in Molecular Cell that lists Skowyra as corresponding author. Both no- tices describe image manipulations that were investigated by Saint Louis University (SLU). Neither identifies who is responsible. Continue reading April 25, 2018 Alison McCook biochemistry, cell, freely available, image manipulation, misconduct investigations, molecular cell, united states 9 Comments \uf429 \uf307 \uf304 \uf301 \uf300 Author under fire has eight papers retracted, including seven from one journal researcher whose work on the use of nanomaterials has been heavily scrutinized on PubPeer \u2014 with one critic alleging a paper contained \u201cobviously fabricated\u201d images \u2014 has lost eight papers. [Editor\u2019s note: See update below.] The eight articles \u2014 seven from Biosensors and Bioelectronics and one from Analytica Chimica Acta, both published by Elsevier \u2014 all cite issues related to duplications, and conclude with some version of the following: Continue reading \uf429 2/17/25, 1:57 Retraction Watch \u2013 Page 226 \u2013 Tracking retractions as a window into the scientific process 3/8 April 25, 2018 Alison McCook Analytica Chimica Acta, Biosensors and Bioelectronics, chemistry retractions, duplication retractions, elsevier, freely available, india retractions, materials science 5 Comments \uf307 \uf304 \uf301 \uf300 Retraction Watch readers, we really need your help Dear Retraction Watch readers: We hope that you continue to enjoy Retraction Watch, and find it \u2014 and our database of retractions \u2014 useful. Maybe you\u2019re a researcher who likes keeping up with developments in scientific integrity. Maybe you\u2019re a reporter who has found a story idea in our database, or on the blog. Maybe you\u2019re an ethics instructor who uses the site to find case studies. Or a publisher who uses our blog to screen authors who submit manuscripts \u2014 we know at least two who do. 2/17/25, 1:57 Retraction Watch \u2013 Page 226 \u2013 Tracking retractions as a window into the scientific process 4/8 Whether you fall into one of those categories or another, we need your help. Continue reading April 24, 2018 Ivan Oransky announcements 2 Comments \uf429 \uf307 \uf304 \uf301 \uf300 Flawed climate science paper \u201cexposed potential weaknesses\u201d in the peer review process Before we present this new post, a question: Do you enjoy reading Retraction Watch? If so, we could really use your help. Would you consider a tax-deductible donation to support our work? Thanks in advance. How did a deeply flawed paper, which contra- dicts mainstream science on climate change, pass peer review? That is what three editorial board members tried to figure out after the journal, Global and Planetary Change, faced heavy criticism for pub- lishing the controversial paper last year. The board members published their findings earlier this month in a commentary. Martin Grosjean, the corresponding author on the editorial, told Retraction Watch that the editors and publisher, Elsevier, share the same interest: Continue reading April 23, 2018 Victoria Stern climate change, disputed data, elsevier, germany retractions, Global Planetary Change 30 Comments \uf429 \uf307 \uf304 \uf301 \uf300 2/17/25, 1:57 Retraction Watch \u2013 Page 226 \u2013 Tracking retractions as a window into the scientific process 5/8 Weekend reads new publishing scam; reproducibility as a political weapon; prosecuting predatory publishers Before we present this week\u2019s Weekend Reads, a question: Do you enjoy our weekly roundup? If so, we could really use your help. Would you consider a tax-deductible donation to support Weekend Reads, and our daily work? Thanks in advance. The week at Retraction Watch featured a neither-correction-nor-retraction that made no one happy, a debate over an obesity intervention that ended without a resolu- tion, and the retraction of a study that led to hyped claims about the dangers of tuna. Here\u2019s what was happening elsewhere: Continue reading April 21, 2018 Ivan Oransky weekend reads 5 Comments \uf429 \uf307 \uf304 \uf301 \uf300 That study reporting worrisome levels of zinc in tuna? It\u2019s being retracted Recently, a rash of news outlets posted concerns that canned tuna and other products may contain potentially dangerous levels of zinc. They were all wrong. News outlets such as The Daily Mail and The Sun reported findings from a recent study, which showed that canned foods such as tuna may contain 100 times the daily limit of zinc \u2014 raising concerns about how such huge doses of the mineral could be causing di- gestion problems. The last author of the study told Retraction Watch the paper is going to be retracted, because the authors made a fundamental error calculating the amount of zinc present in canned foods. 2/17/25, 1:57 Retraction Watch \u2013 Page 226 \u2013 Tracking retractions as a window into the scientific process 6/8 Last week, the UK\u2019s biggest health website Choices posted a critique of the paper, in which they recalculated the levels of zinc present in canned foods: Continue reading April 20, 2018 Alison McCook chemistry retractions, doing the right thing, Food and Function, food science, investigator error, royal society publishing, rsc publishing, united states 5 Comments \uf429 \uf307 \uf304 \uf301 \uf300 Charles Armstrong After issuing dozens of corrections to high- profile book, historian shuts down his blog historian has shuttered his personal blog, which he created to respond to critics of his high- profile book. Columbia University professor Charles Armstrong launched the blog in order to address the criticisms of his book about North Korea dur- ing the Cold War. Soon after Tyranny of the Weak appeared, Balazs Szalontai of Korea University uploaded a series of what he called \u201cnoteworthy problems\u201d with the book \u2014 mostly allegations of including either irrelevant or non-existent sources to support Armstrong\u2019s claims. In the end of 2016, Armstrong announced on his blog that he was going to issue dozens of cor- rections to the book, which won the John K. Fairbank Prize in East Asian History in 2014. 2/17/25, 1:57 Retraction Watch \u2013 Page 226 \u2013 Tracking retractions as a window into the scientific process 7/8 Privacy policy / Proudly powered by WordPress The book has now been re-published; as such, Armstrong told Retraction Watch he sees no need to maintain the blog further: Continue reading April 20, 2018 Alison McCook united states 1 Comment \uf429 \uf307 \uf304 \uf301 \uf300 Political science has a #metoo moment Many political scientists are up in arms over an editor\u2019s decision to use his journal as a platform to defend himself from allegations of sexual harassment. The editor, William Jacoby of Michigan State University, has since removed a statement deny- ing the allegations from the American Journal of Political Science (AJPS), and posted an apology. Midwest Political Science Association (MPSA), which publishes the journal, has announced it\u2019s asked Jacoby to \u201csuspend all editorial operations until the council can take formal action later this week.\u201d Continue reading April 19, 2018 Alison McCook Am Political Science, society journal retractions, united states Leave a comment \uf429 \uf307 \uf304 \uf301 \uf300 2/17/25, 1:57 Retraction Watch \u2013 Page 226 \u2013 Tracking retractions as a window into the scientific process 8/8", "8181_105.pdf": "Quotable... \"The wise man looks ahead. The fool attempts to fool himself and won\u2019t face facts.\" -- a Proverb of Solomon Having trouble viewing this email? View it in your browser. Case in Point: Lessons for the proactive manager January 2019 Vol. 11 No. 01 Subscribe! This month we begin our annual review of the stories we linked in Case in Point: Lessons for the Proactive Manager in 2018. This month we will look at the categories as a whole, and in future months we\u2019ll examine trends and possible emerging issues in each specific category. The 2018 breakdown of stories by category was relatively consistent with 2017: Information Security & Technology: 10% (down 4% from 2017) Fraud & Ethics: 15% (up 1% from 2017) Compliance & Legal: 40% (down 3% from 2017) Campus Life & Safety: 34% (up 6% from 2017) Other: 1% (same as 2017) We don\u2019t see any major changes in the overall reporting categories, but we may note some subtle changes as we dive into each category over the coming months few years ago we saw major growth in the Compliance & Legal category, but now the numbers in each reporting category seem to have stabilized. In fairness, the stories included in are not scientifically selected, but we do employ what we believe is a fairly methodical and consistent process of selection. We've had a substantial number of new subscribers over the past few months, so thought it might be helpful to give a few suggestions for you to consider to get the most out of this publication. 1. Scan the headlines and stories from the entire newsletter, not just the area or topics for which you are responsible. If you see an interesting story, forward the newsletter to your colleague who you believe owns that specific risk and let them know you thought the story might be of interest. Developing a risk-intelligent institution takes each of us working together to help educate and inform each other. Who knows? Perhaps you will share information with a colleague that will help prevent your institution from becoming a headline. 2. Read the articles that detail any specific risks or topical areas that apply to you. Think honestly about your own operations and whether you have proactive processes, procedures, or activities in place that reduce the risk to a level that you can live with. 2/17/25, 1:57 Case In Point 1/8 3. Talk to your employees who are responsible for managing any specific area of risk that catches your eye in the newsletter. Don\u2019t make the assumption that they are aware of what is happening at other institutions. In conversation, send the message that proactive action is important to you and your institution. You may learn that the proactive actions you think are occurring have not made it to those doing the daily work. We'd also like to ask you a favor. If you see articles in your local media you believe may be of interest, please send us the links. Some stories may not reach the newsfeeds we monitor, and we want to stay as informed as possible of new or emerging issues. Once again, we invite you to review the issues happening across our industry with a view toward proactive management. Kevin \u2013 Follow Case in Point on twitter M. Kevin Robinson Associate Vice President Office of Audit, Compliance & Privacy Information Security & Technology Events Jan 26: Some colleges, in an effort to sort through a growing number of applications, are quietly tracking prospective students' online interaction with the schools and considering it in deciding whom to admit. Enrollment officers at schools including Seton Hall University, Quinnipiac University and Dickinson College know down to the second when prospective students opened an email from the school, how long they spent reading it and whether they clicked through to any links. Boston University knows if prospective students RSVP'd online to an event--and then didn't show. (link) Jan 27: The University of New Brunswick is telling faculty and staff to be on the alert after some email addresses were detected in a massive data dump published online earlier this month. The \"Collection #1\" breach includes millions of email addresses and passwords. It's believed to be an aggregate of data breaches from thousands of sources, collected over the years and posted to a cloud service last week. Erik Denis, senior cybersecurity officer at UNB, said only 40 per cent of the 4,500 email addresses detected in the collection are active. (link) Jan 24: Top U.S. universities are ditching telecom equipment made by Huawei Technologies and other Chinese companies to avoid losing federal funding under a new national security law backed by the Trump administration. U.S. officials allege Chinese telecom manufacturers are producing equipment that allows their government to spy on users abroad, including Western researchers working on leading-edge technologies. Beijing and the Chinese companies have repeatedly denied such claims. (link) Jan 08: In a congratulatory email to wellness program participants, DePaul University inadvertently exposed private information for more than 650 employees. Rather than blind copying email recipients, the Dec. 14 communication displayed the names and email addresses of employees who successfully completed the university's 2018 wellness program, DePaul spokeswoman Carol Hughes said in an email today. Through the optional wellness program, faculty and staff at the largest Catholic university in the country are eligible to earn financial incentives for taking part in healthy activities. (link) 2/17/25, 1:57 Case In Point 2/8 Fraud & Ethics Related Events Jan 30: Five students are charged with stealing wooden panels of North Carolina State University's former basketball court. News outlets report masked men entered Reynolds Coliseum on Dec. 7 and stole two of the panels from a storage area. Pieces of the original floor were being saved for historical value after the arena was remodeled in 2016. Campus police Maj. David Kelly says the panels valued at $1,300 each were recovered, but one was damaged beyond repair. (link) Jan 20 three-month probe into improper spending at Florida's largest university has resulted in the firing of four school administrators. University trustees authorized the probe last year after state auditors discovered the Orlando-based school had spent $38 million to construct an academic building with state funds that were supposed to be used for operations. The probe ultimately discovered $85 million of projects had been built or were planning to be built with inappropriate money. But the investigation also concluded that no university employees personally profited from the use of the improper money. (link) Jan 08: Court documents reveal how two former San Juan College instructors allegedly fraudulently obtained more than $200,000 using a personal company to obtain training/certificate fees. Steven Gerencser, 49, and Daniel Uhl, 64, each face 32 felony counts of fraud and embezzlement, according to a criminal complaint. Gerencser and Uhl allegedly conducted \"numerous\" training sessions between Sept. 8, 2017, and April 30, 2018, during which they used the School of Energy's equipment, certificates and curriculum but billed the participating companies through their personal business, Four Corners Well Control, according to an arrest warrant affidavit. (link) Jan 07 scholar whose carefully crafted fiction helped expose the rot within some sectors of the modern academy is now under fire from his home, Portland State University, although prominent academics throughout the West have risen to his defense. Peter Boghossian, an assistant professor of philosophy at Portland State University in Oregon, led a trio of scholars last year who submitted to leading publications what they called \"intentionally broken\" papers on gender, race and sexuality. Several of the absurd pieces were published. Now, Portland State has initiated disciplinary action against Mr. Boghossian for what it calls a breach of the institution's ethical guidelines. (link) Compliance/Regulatory & Legal Events Jan 30: The investigation into the University of Maryland's football program cost the University System of Maryland more than $1.57 million, with four of eight members of a special commission billing the university more than six figures apiece for their two months of work, according to recently released documents and invoices. Tasked in August with probing the culture within the football program, the commission submitted a 192-page report of their findings in October. (link) 2/17/25, 1:57 Case In Point 3/8 Jan 25 21-year-old Radford University student has been charged with stabbing a classmate to death. Luisa Ines Tudela Harris Cutting, of Jeffersonton in Culpeper County, was charged with second-degree murder. Authorities said it was the city of Radford's first murder charge in eight years. The victim was identified Friday by Radford police as Alexa Cannon, 20, the daughter of a Roanoke family, and like Cutting, a student at Radford University. (link) Jan 23: Michigan State University will pay for former university President Lou Anna Simon's criminal defense as its legal bills related to the Larry Nassar scandal approach $20 million. With those legal fees, plus a settlement with hundreds of Nassar's victims, payments to consultants and a fund that had been set up for some of Nassar's victims to receive counseling, the total cost to as of the middle of November was more than $523 million, according to records obtained through public records requests. (link) Jan 22: More than three years of missteps in handling sexual assault cases has made Michigan State University swing the pendulum from not believing victims to now discriminating against male students, three lawsuits allege. The suits -- which include one by a former football player -- allege the male students involved were found \"guilty\" by the administrative investigative system simply because they were male. The suits go on to allege the university has deprived those students of their due process rights by not allowing them a live hearing with the chance to cross- examine their accusers as mandated by a federal court ruling last year. (link) Jan 22: Western University has now fired their defence lawyers in the wake of controversy. The situation began over the university's choice in defence statements in response to the ongoing lawsuit involving the Christidis family, Western, Western's Student Council, The Spoke tavern, Jared Dejong, and his father. The defence was in response to the lawsuit over the 2015 death of Andrea Christidis, a first-year Western student who was hit and killed by Dejong who had been drinking at a campus bar before opting to drive. The accusations of both Dejong and Western's defence were what resulted in the controversy as both parties heavily inferred that the victim, Andrea Christidis, was to blame for the accident. (link) Jan 22: Central Connecticut State University President Zulma R. Toro announced Tuesday that she is seeking to fire two longtime theater professors after investigators concluded that each had likely engaged in sexual misconduct with one or more students. Toro also announced plans to appoint new leadership for the university's Office of Diversity & Equity and to reorganize the human resources department after evidence showed that administrators for years failed to take proper action on complaints of sexual misconduct. (link) Jan 18 group suing UNC-Chapel Hill accuses the university of improperly using race to admit students, to the detriment of white and Asian-American applicants. But defends its practices. On Friday, the university filed a motion for summary judgment, saying the plaintiffs hadn't established sufficient grounds for their lawsuit to continue. An organization called Students for Fair Admissions sued UNC-Chapel Hill and Harvard University in November 2014. The lawsuits represent a major challenge to the use of race in college admissions. Court rulings in the cases could affect universities around the United States. (link) Jan 17: Schlichter Bogard & Denton, a St. Louis law firm that has made a national name for itself suing employers over excessive retirement-plan fees, said Wednesday that it has reached a $10.65 million settlement with Duke University. The settlement covers two lawsuits against the Durham, N.C., school. The first, filed in 2016, alleged excessive fees and the second, filed last year, accused Duke of improperly using assets of its 403(b) retirement plan to pay university employees. (link) Jan 14 former Michigan State University political science professor propositioned a graduate student \"for sexual favors in exchange for his academic guidance regarding her research and paper,\" according an investigative report provided to the State Journal. William Jacoby -- an eminent figure in his field who until last year served as the editor of the American Journal of 2/17/25, 1:57 Case In Point 4/8 Political Science -- sexually harassed graduate students at both the University of Michigan and MSU, according to investigations by those institutions. (link) Jan 11 mistake in Republicans' tax overhaul is allowing many state universities to escape a crackdown on highly paid executives. Lawmakers inadvertently exempted public universities -- though not private ones -- from a new 21 percent tax they created on nonprofits that pay their employees more than $1 million. There are hundreds of million-dollar employees on college campuses, many of them football and basketball coaches. Republicans are now trying to correct the snafu, though there is no sign that Congress will act anytime soon. In the meantime, the oversight is saving public universities millions in taxes. The levy is paid by the school, not the employee. (link) Jan 08 bitter lawsuit between Chicago State University and two professors who published a blog rebuking school leadership is coming to an end after more than four years. Chicago State has agreed to pay $650,000 in damages and attorneys fees to professors Robert Bionaz and Phillip Beverly, concluding yet another costly litigation involving the Far South Side institution in recent years. The professors alleged that the university violated their free speech rights in repeatedly attempting to shut down their blog Faculty Voice, which they billed as \"the faculty's uncensored voice.\" (link) Jan 07: An Ohio professor who applied for a job with a tenure track at Wichita State University says officials retracted an employment offer after she told them she was pregnant and asked about campus childcare options. Heiliger, a 41-year-old visiting assistant professor of gender, sexuality and feminist studies at Ohio's Oberlin College, says in her suit that she applied for an assistant professor of women's studies position at in late 2017 and was interviewed in person on Feb. 23, 2018. She says she was offered the job in a March 15 phone call with Center for Women's Studies director Chinyere Okafor. (link) Jan 06 UW-Oshkosh professor recently sued her university and the System Board of Regents to prevent them from releasing to the Wisconsin State Journal records relating to an investigation of alleged plagiarism by the professor. The State Journal requested records Oct. 9 relating to UW-Oshkosh's investigation into the plagiarism allegations made against UW-Oshkosh English professor Christine Roth. Among the documents requested are the university complaint, an investigator's report filed by faculty members, a committee report of pre-tenure review and an agreement struck between the university and Roth's lawyer, Peter Culp of Dempsey, Edgarton, St. Peter, Petak & Rosenfeldt Law Firm. (link) Jan 04 college student who faces serious discipline or expulsion over accusations of sexual assault must be allowed to question his accuser at a hearing before a neutral fact-finder, a state appeals court ruled Friday, joining the ongoing debate about how schools handle allegations of sexual abuse on campus. The case involves a University of Southern California football player who was expelled for allegedly raping another student without the benefit of a hearing and an opportunity to face his accuser. (link) Jan 03 former University of Florida faculty member found by the administration to have had a sexual relationship with a female graduate student is suing the school, claiming is trying to sabotage his career. In the lawsuit, Kelly A. Jordan, 38, of Washington, D.C., alleges officials breached a confidentiality agreement. In exchange for agreeing to resign as associate chair and program director of UF's Nuclear Engineering Reactor on May 15, 2017, Jordan said he was assured that would drop its Title investigation against him and offer him letters of recommendation for other jobs. (link) Jan 01: The American Civil Liberties Union of Texas filed a lawsuit Tuesday over a state law requiring contractors to certify that they do not boycott Israel or Israel-controlled territories, arguing the law forces people to choose between their First Amendment rights and their livelihoods. The 2/17/25, 1:57 Case In Point 5/8 lawsuit claims the four plaintiffs bringing the suit have either lost \"contracting opportunities\" because they declined to sign the certification, or they signed \"at the expense\" of their First Amendment rights. (link) Campus Life & Safety Events Jan 30 University of Central Florida sophomore was arrested after police found an automatic weapon in his car on campus, according to university officials. Max Bennett Chambers, a 19-year- old mechanical engineering major, was arrested Tuesday and charged with two felonies linked to possessing what an affidavit called a machine gun and bump stock. Police have banned him from campus. An anonymous tip warned that a student may have made devices that turn a semiautomatic weapon into an automatic weapon, increasing the rate of fire, according to the Police Department. Such devices are illegal in Florida. (link) Jan 27: Professor \"watch lists,\" social media trolls and threatening emails have become all too familiar for college professors, but University of Illinois faculty members are debating another twist: antagonists who actually enroll in their classes resolution to protect University of Illinois faculty members from disruptive students in class is under consideration in the campus Academic Senate, prompted by a case involving a professor who's been a vocal critic of Chief Illiniwek. Jay Rosenstein, professor of media and cinema studies, said a community member who didn't like his politics and harassed him on social media \"for months\" enrolled in one of his classes last fall. (link) Jan 24: Mitchell Lee Stewart, 25, and Ashley Shuntal Rucker, 26, were confirmed by Auburn police Friday morning as suspects taken into custody Thursday at Auburn University's Campus. Around 10 a.m., an Auburn police officer on routine patrol attempted to conduct a traffic stop on a vehicle on Mell Street near Spindle Hall on the university's campus. The vehicle stopped after a brief pursuit and the driver attempted to flee on foot, police said. The suspect was taken into custody near Haley Center. An Auburn police officer sustained a minor injury to his leg and was treated on the scene by Auburn Fire Division paramedics, police said. (link) Jan 23: The University of South Florida St. Petersburg says that it mistakenly sent 430 acceptance emails to applicants over the weekend. In a statement to News, the school said that the emails were sent on Saturday and that they were a result of \"human error.\" Soon after the initial email, the school sent out a follow-up email to the students that said, \"There was an error in the system. Please disregard the previous email.\" (link) Jan 22 former prosecutor in Wilkes and Yadkin counties was convicted last week of going onto Wake Forest University's campus even after the school banned him because he was accused of using a handheld mirror under a desk to look at a female student two years ago. And because he trespassed on the campus, he violated a deferred-prosecution agreement that would have kept a conviction off his record if he had complied with all the conditions. Instead, Brooke McKinley Webster, 44, of Surrey Path Court in Winston-Salem was convicted of misdemeanor secret peeping and second-degree trespass on Jan. 16. (link) Jan 17: The Michigan State University board of trustees voted Thursday morning to accept the resignation of its embattled interim president, John Engler, effective immediately. People in the room for the vote broke into applause. Engler has been a controversial leader, appointed a year ago in the wake of a sexual-abuse scandal and charged with changing the university culture but 2/17/25, 1:57 Case In Point 6/8 often inadvertently offending the victims of disgraced former university sports medicine and Gymnastics doctor Larry Nassar with his words. (link) Jan 15: The board governing North Carolina's public university system is forcing out the head of the state's flagship public university hours after she ordered a toppled Confederate statue's base removed. Carol Folt said Tuesday she was protecting public safety by having workers haul the marble pedestal off a main quad after midnight. She also announced it would be among her final acts ahead of resigning in May. Hours later, the statewide university system's Board of Governors made her resignation effective at the end of this month. (link) Jan 11: Students and faculty at the University of California (UC) have been warned not to use messaging apps and social media while visiting China, for fear their communications could be used against them by the country's law enforcement agencies. The guidance from one of the biggest school networks in the is the latest concern to be raised over Western travel to China following the December 1 arrest of Huawei executive Meng Wanzhou at the request of authorities. The guidance also appeared to reference the case of Paul Whelan, a citizen arrested in Russia last month on suspicion of espionage. (link) Jan 01 University of Tennessee, Knoxville, academic adviser in the College of Architecture and Design was placed on paid administrative leave Monday and barred from campus after learned he sexually harassed female students at his previous university. Lee W. Waldrep started at Knoxville on March 1, according to Tyra Haag, director of media relations at UT. That was seven months after the University of Illinois at Urbana-Champaign finished its investigation into claims made by eight female students, barring Waldrep from the campus. (link) Other Jan 23: Hanging red lanterns welcome visitors to the University of Maryland's Confucius Institute, the oldest of about 100 Chinese language and cultural centers that have popped up over the last 15 years on American campuses, subsidized by millions of dollars from China's central government. But last fall, when four U.S. Senate investigators walked into the Confucius offices in Maryland and spent hours questioning staff, they weren't looking for an educational exchange. The committee has been seeking detailed information from the university about the program, including contracts, email exchanges and financial arrangements that school administrators have kept under wraps since it started in 2004. (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. If you have any suggestions for items to include in future newsletters, please e-mail Robert Gottesman at gotterw@auburn.edu. 2/17/25, 1:57 Case In Point 7/8 Back to top \u00a9 Redistribution of this newsletter, with or without modification, is permitted provided Auburn University Office of Audit, Compliance & Privacy is listed as the source. 2/17/25, 1:57 Case In Point 8/8", "8181_106.pdf": "William G. Jacoby William G. Jacoby (born c. 1953) is a political scientist, and former professor at Michigan State University.[1][2] He was editor in chief of the American Journal of Political Science until 2018 when he resigned following sexual harassment allegations.[3] Both the University of Michigan and Michigan State later found that he had sexually harassed female graduate students, which Jacoby denied.[4] He retired from Michigan State University on January 1, 2019.[5] Me Too movement 1. Copeland, Lib (July 30, 2008). \"U.S. voters still difficult to pin down\" ( content/life/stories/2008/07/30/1A_VOTER_BOOK.ART_ART_07-30-08_D1_92AS9RR.html?sid= 101). Columbus Dispatch. Retrieved 2010-07-04. 2. \"Why we vote the way we do\" ( Physorg.com. Retrieved 9 January 2018. 3. \"Editorial Malpractice?\" ( cal-science-journal-uses-website-deny-harassment). Inside Higher Ed. 4 political scientist tried to trade academic guidance for sex, university finds\" ( singstatejournal.com/story/news/2019/01/14/msu-um-find-political-scientist-propositioned-grad-stu dents-sex/2558997002/). Lansing State Journal. 5 professor investigated for sexual misconduct, resigns from journal\" ( ily.com/academics/msu-professor-and-um-researcher-accused-sexual-misconduct-resigns-journa l/). TheMichiganDaily. Retrieved 28 May 2021. Website at Michigan State ( Retrieved from \" See also References External links 2/17/25, 1:57 William G. Jacoby - Wikipedia 1/1", "8181_107.pdf": "( William Jacoby 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 2/17/25, 1:57 William Jacoby, political science 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 ( 2/17/25, 1:57 William Jacoby, political science 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) 2/17/25, 1:57 William Jacoby, political science 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) 2/17/25, 1:57 William Jacoby, political science 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) 2/17/25, 1:57 William Jacoby, political science 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) 2/17/25, 1:57 William Jacoby, political science 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) 2/17/25, 1:57 William Jacoby, political science 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) 2/17/25, 1:57 William Jacoby, political science 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 2/17/25, 1:57 William Jacoby, political science 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 2/17/25, 1:57 William Jacoby, political science 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 ( 2/17/25, 1:57 William Jacoby, political science 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. 2/17/25, 1:57 William Jacoby, political science 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 ( 2/17/25, 1:57 William Jacoby, political science 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 2/17/25, 1:57 William Jacoby, political science 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 2/17/25, 1:57 William Jacoby, political science 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 2/17/25, 1:57 William Jacoby, political science 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 ( 2/17/25, 1:57 William Jacoby, political science 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 ( 2/17/25, 1:57 William Jacoby, political science 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 2/17/25, 1:57 William Jacoby, political science 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 ( 2/17/25, 1:57 William Jacoby, political science 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 ( 2/17/25, 1:57 William Jacoby, political science 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) 2/17/25, 1:57 William Jacoby, political science 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 2/17/25, 1:57 William Jacoby, political science 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 2/17/25, 1:57 William Jacoby, political science 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. 2/17/25, 1:57 William Jacoby, political science 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) 2/17/25, 1:57 William Jacoby, political science 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 2/17/25, 1:57 William Jacoby, political science 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. 2/17/25, 1:57 William Jacoby, political science 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) 2/17/25, 1:57 William Jacoby, political science 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 ( 2/17/25, 1:57 William Jacoby, political science 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/) 2/17/25, 1:57 William Jacoby, political science 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 ( 2/17/25, 1:57 William Jacoby, political science 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 ( 2/17/25, 1:57 William Jacoby, political science 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) 2/17/25, 1:57 William Jacoby, political science 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 ( 2/17/25, 1:57 William Jacoby, political science 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. 2/17/25, 1:57 William Jacoby, political science 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 2/17/25, 1:57 William Jacoby, political science 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) 2/17/25, 1:57 William Jacoby, political science 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) 2/17/25, 1:57 William Jacoby, political science 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 2/17/25, 1:57 William Jacoby, political science 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 2/17/25, 1:57 William Jacoby, political science 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 ( 2/17/25, 1:57 William Jacoby, political science 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 ( 2/17/25, 1:57 William Jacoby, political science 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) 2/17/25, 1:57 William Jacoby, political science 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. 2/17/25, 1:57 William Jacoby, political science 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 ( 2/17/25, 1:57 William Jacoby, political science 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 2/17/25, 1:57 William Jacoby, political science 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 2/17/25, 1:57 William Jacoby, political science 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) 2/17/25, 1:57 William Jacoby, political science 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 ( 2/17/25, 1:57 William Jacoby, political science 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) 2/17/25, 1:57 William Jacoby, political science 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 ( 2/17/25, 1:57 William Jacoby, political science 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 2/17/25, 1:57 William Jacoby, political science 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 ( 2/17/25, 1:57 William Jacoby, political science 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 ( 2/17/25, 1:57 William Jacoby, political science 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 2/17/25, 1:57 William Jacoby, political science 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. 2/17/25, 1:57 William Jacoby, political science 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 2/17/25, 1:57 William Jacoby, political science 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 ( 2/17/25, 1:57 William Jacoby, political science 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/) 2/17/25, 1:57 William Jacoby, political science 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 2/17/25, 1:57 William Jacoby, political science 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. 2/17/25, 1:57 William Jacoby, political science 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. 2/17/25, 1:57 William Jacoby, political science 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. 2/17/25, 1:57 William Jacoby, political science 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 ( 2/17/25, 1:57 William Jacoby, political science 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 ( 2/17/25, 1:57 William Jacoby, political science 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/) 2/17/25, 1:57 William Jacoby, political science 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 ( 2/17/25, 1:57 William Jacoby, political science 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 2/17/25, 1:57 William Jacoby, political science 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/) 2/17/25, 1:57 William Jacoby, political science 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 ( 2/17/25, 1:57 William Jacoby, political science 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) 2/17/25, 1:57 William Jacoby, political science 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. 2/17/25, 1:57 William Jacoby, political science 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 2/17/25, 1:57 William Jacoby, political science 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 ( 2/17/25, 1:57 William Jacoby, political science 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/) 2/17/25, 1:57 William Jacoby, political science 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 William Jacoby (/a/sexual-harassment-assault-allegations-list/william Political science professor, Michigan State University; editor, American Journal of Political Science Publicly reported April 17, 2018 Two former students have reported that Jacoby sexually harassed them. The allegations are the subject of multiple investiga announced he will step down from the American Journal of Political Science. Sources/more info: 1 ( 2 ( 2/17/25, 1:57 William Jacoby, political science 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 \u201cHe asked if would consider having an affair with him, suggesting that it would be good for my career to work with h \u2014 Rebecca Gill, political science professor ( backlash) 2/17/25, 1:57 William Jacoby, political science professor, sexual misconduct allegations 78/78"} |
8,732 | Robert McEachnie | University of North Carolina - Charlotte | [
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"8732_102.pdf",
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"8732_105.pdf"
] | {"8732_101.pdf": "11eb-aa9c-9b160e8d137d.html Charlotte sexual misconduct lawsuit settled The Title lawsuit against a Charlotte professor has been settled for $40,000 Kathryn Caudill Jul 14, 2021 The Title lawsuit against a Charlotte history professor, Dr. Robert McEachnie, has been settled for $40,000. The lawsuit emerged after a former student made allegations of McEachnie causing emotional distress through predatory behavior, threats to academic success and sexual assault Charlotte sign Andrea Badillo-P\u00e9rez 2/17/25, 1:58 Charlotte sexual misconduct lawsuit settled | Featured | ninertimes.com 1/2 The professor contacted the student through social media sites and was even reported to the University according to Channel 9\u2019s interview with Julie Fosbinder, the former student\u2019s attorney. However, the University allegedly did not act on these claims. These relations became physical on a 2017 study abroad trip to Israel, and this former student was not the only one to report Title violations on this trip. McEachnie\u2019s defense was the vagueness of the current Improper Relations Policy in place at Charlotte. The current policy that Charlotte has regarding romantic and sexual relations between students and faculty is said to be the weakest of the school system according to the Executive Committee of the Charlotte chapter of the American Association of University Professors (AAUP) most recent memo, as it does not directly ban these types of relations. According to the AAUP, these relations can never be fully consensual as there is an imbalance of power in favor of the faculty member. \u201cBeyond being inappropriate, unethical, and exploitative, these relationships endanger the academic freedom of our students,\u201d said the AAUP. The suggests that a new policy be created including elements of stronger language such as \u201cprohibits,\u201d speak on conflict of interests, create a system of reporting when a conflict arises and make a clause forbidding relationships with minors Charlotte also attempted to have the case dismissed on the technical grounds of having disciplined McEachnie; however, McEachnie was still actively teaching. 2/17/25, 1:58 Charlotte sexual misconduct lawsuit settled | Featured | ninertimes.com 2/2", "8732_102.pdf": "Pink slip requested Robert McEachnie and other sex offenders need to be fired Isaac Naylor Sep 14, 2021 Photo courtesy of Charlotte History Department There is one thing that parents and professors never want to hear about their student\u2019s university: sexual misconduct. However, at Charlotte, it happened yet again. As the University rebrands itself from Charlotte to just Charlotte, the need has come to rebrand our University from a haven for sexual offenders to a safe space in which all are free from the scourge of misconduct. The story and the settlement 2/17/25, 1:58 Pink slip requested | Opinion | ninertimes.com 1/5 In March 2021, history professor Robert McEachnie and a former student reached a sexual misconduct settlement. Channel 9 reported that the former student claimed in the lawsuit that her history professor \u201ctook advantage of her psychological condition and groomed her for a sexual relationship.\u201d The survivor reported the incident to the campus Title office but argued that the University did not do enough to solve the problem. The Charlotte Observer reported that the two parties settled for $40,000. According to Channel 9, the former student\u2019s attorney, Julie Fosbinder, claims that the academic attention turned romantic when McEachnie used code names and secret communications with his survivors on Twitter, among other social media platforms. Based on reports made in July by the Niner Times, these relations became physical on a 2017 study abroad trip to Israel. According to the Charlotte Observer, McEachnie allegedly sexually harassed or assaulted at least four female students on University-sponsored trips overseas from 2017 to 2019. This was not one survivor; this was four. McEachnie is an alleged repeat offender, and Charlotte is aware of his predatory behavior. On May 28, 2021, an anonymous review on the popular website \u201cRate My Professor\u201d rated McEachnie a one out of five on quality. This former student stated that they had attended a study abroad trip with him, and it was \u201cnot a good experience.\u201d \u201cAvoid him,\u201d the student said don\u2019t know how he keeps his job.\u201d The search for answers According to the Charlotte Observer, J\u00fcrgen Buchenau, the long-time history department chair, claimed that he \u201cmisunderstood his obligations\u201d under university policies, which required him to submit a formal complaint to the Title office after the second survivor initially made her allegation against McEachnie. Although not publicly stated by the University, an anonymous faculty member said that this public embarrassment for the history department is likely the underlying cause behind Buchenau\u2019s plan to step down from his 13-year position as chair at the end of the 2021-2022 academic year. McEachnie later admitted that he lied to Buchenau about not having a sexual relationship with the initial survivor based on line 61 of the plaintiff\u2019s complaints. Additionally, he falsely claimed that the nature of the relationship was consensual. According to line 56 of the plaintiff\u2019s complaints, McEachnie exposed the grades and detailed assessments of other students to his first survivor, an act that is in violation of the Family Educational Rights and Privacy Act (FERPA). 2/17/25, 1:58 Pink slip requested | Opinion | ninertimes.com 2/5 In an emailed response to the Charlotte Observer, Buchenau wrote, \u201cOn the advice of the University cannot comment on these allegations.\u201d When asked about the scandal, Buchenau directed the Niner Times to the reputation management and communications spokeswoman, Buffie Stephens, who explained that details about this case could not be disclosed due to confidentiality and privacy concerns. \u201cAccording to the settlement agreement, the University can share that the lawsuit is resolved,\u201d Stephens said. \u201cWe are not permitted to discuss the specifics of the case.\u201d With our list of inquiries still unanswered, Stephens directed our organization to the Title Coordinator, Michelle Reinken. After a phone interview, Reinken said, \u201cThe Title office cannot speak on the specifics about any one case out of concerns for privacy.\u201d However, Reinken was able to speak in broad terms about the disciplinary processes of the Title office regarding cases of sexual misconduct. \u201cAnyone can submit a report to the Title office,\u201d Reinken said. \u201cHowever, if the complainant feels empowered to share that information, then the office\u2019s work is much more productive.\u201d Once a complaint has been filed, the office makes its deliberations for formal charges. \u201cThe Title office schedules a meeting with the complainant, and a formal investigation process may be initiated with a charge letter to the parties involved,\u201d Reinken said. \u201cBoth parties have equal rights throughout the process.\u201d The Title office contacts the parties involved after a complaint has been submitted. However, because Buchenau neglected to submit the second survivor\u2019s complaint about McEachnie, the Title office was unable to conduct its disciplinary procedures. Had a complaint been filed, the office could have enforced charges. \u201cWe move forward with formal processes when a complaint has been filed,\u201d Reinken said. \u201cRemoval and loss of employment are always on the table when serious misconduct is substantiated.\u201d The conversation ended with Reinken informing the Niner Times that \u201cthere have not been many publicized cases of misconduct at Charlotte.\u201d However, according to Charlotte received 242 reports of sexual misconduct during the 2019-2020 academic year. Of those 242 cases, 22 resulted in formal investigations from Title IX. These cases may not have been widely publicized, but they were reported. Blurred lines and unclear policies 2/17/25, 1:58 Pink slip requested | Opinion | ninertimes.com 3/5 Some of the blame for this scandal, and many like it, can be attributed to Charlotte\u2019s vague and poorly worded policies on relationships between students and professors Charlotte\u2019s sexual misconduct policy states that \u201cit is improper for a faculty member, instructional assistant, or other University employee to participate in the instruction, evaluation, or supervision of a student with whom there is an amorous relationship or familial relationship. Violation of this policy may result in disciplinary measures.\u201d The University\u2019s use of \u201cimproper\u201d and \u201cmay result in disciplinary measures\u201d as opposed to naming student-professor relationships as misconduct offers leniency to an offense that is indefensible and creates a loophole that diminishes personal responsibility. Although this difference seems rather small, this type of wording can create opportunities for people to abuse this policy, feign ignorance and avoid significant repercussions. Still, this \u201cimproper\u201d policy is under review by University faculty, but revisions have yet to be made. The Charlotte Observer revealed that McEachnie violated the University\u2019s misconduct policy. However, the most he received was a demotion from senior lecturer and restrictions from participating in overseas trips and in-person instruction. This punishment seems misplaced for an offender who communicated with his survivors through social media. Justice and the lack thereof This university, like any other, is a sanctuary for learning to facilitate the growth of knowledge. However, when a professor whose salary is paid for by his student\u2019s tuition breaches the ultimate trust of those same students, the only course of action our University can take is to fire that employee. This is not a problem with one department. This problem is campuswide, and Charlotte needs a reckoning for the sake of both female and male students. Although the University does not encourage or condone this abusive behavior, it approaches justice for these scandals with a sluggish reluctance that is insulting to all students. If the University wants to make things right, they should do what they said would: have zero tolerance for sexual misconduct and all other forms of violence. As a student at Charlotte know some of my female classmates who have been taken advantage of sexually by other classmates and university faculty. Unfortunately, the scenario of female students whose career progression is at the mercy of their male professors is a common 2/17/25, 1:58 Pink slip requested | Opinion | ninertimes.com 4/5 tale. The vast power dynamic between students and professors emboldens perpetrators to continue their crimes and encourages survivors to remain silent. There are other areas on campus where sexual misconduct is swept underneath the green and gold rug. According to Channel 9, several official reports of sexual misconduct have emerged from Greek Village and the Athletics Department. However, this issue is not exclusive to typical settings of toxic masculinity. Residence halls and academic buildings also shelter this abusive behavior, as in the case of McEachnie. Without hesitation, the University should fire McEachnie and other predators who veil themselves as educators, and they should go one step further Charlotte should pay off all the tuition and fees for the survivors of McEachnie and the many other sexual offenders like him on campus. In addition, any past and future expenses through undergraduate and graduate studies for these students should be covered as part of the University\u2019s effort toward reconciliation for the survivors. Editor's Note: The opinion article published in last week\u2019s edition of the Niner Times was corrected for clarity and brevity. The following excerpt should be disregarded in print and will be removed online: \u201cSince this information was made public, two anonymous survivors have stepped forward, claiming that McEachnie had assaulted them on the Israel trip.\u201d We apologize for this error. 2/17/25, 1:58 Pink slip requested | Opinion | ninertimes.com 5/5", "8732_103.pdf": "OPINION: Misconduct Allegations Against Charlotte Professor Are Part of a Bigger Issue Nikolai Mather \uf0e0 \u2022 March 8, 2021 \uf02e 3 minutes read On March 3, what has by now become a routine story broke Charlotte professor of history Robert McEachnie has been accused of sexual misconduct in a federal lawsuit filed against him Charlotte, and the System. Two anonymous victims have come forward, one of them alleged that McEachnie manipulated her while initiating an inappropriate relationship with her during a university trip to Israel in 2017 and the other stating that McEachnie groped her during the same trip Charlotte policy does not prohibit relationships between students and professors, though it is stated to be \u201cimproper.\u201d According to the lawsuit, McEachnie allegedly pressured, and in one case threatened, the victims into staying silent. Though both students made previous complaints regarding the misconduct (the first in 2017, the second in 2019), the Charlotte Department of History dragged its feet \u2014 the first complaint was \u201cnot even given a cursory investigation\u201d until the next victim came forward in 2019, according to the lawsuit. News & Opinion Opinion 2/17/25, 1:58 OPINION: Misconduct Allegations Against Charlotte Professor Are Part of a Bigger Issue 1/5 Charlotte Robert McEachnie faces allegations of sexual misconduct. (Photo courtesy of Charlotte) This is a regrettably common tale on campus. Abuse of power by professors is part and parcel of the university experience. The System is no different \u2013 from Chapel Hill\u2019s four-year legal battle to conceal 15 sexual assault records from the Daily Tar Heel to Greensboro\u2019s recent sexual assault scandal involving an adjunct professor, our state\u2019s higher educational institutions have time and time again revealed an ugly power dynamic at play between employees and students. McEachnie is not an outlier 2/17/25, 1:58 OPINION: Misconduct Allegations Against Charlotte Professor Are Part of a Bigger Issue 2/5 Charlotte, like its sister institutions and like all North American colleges, has its whisper networks, has its rumors, and above all has students and employees who are still too scared or too jaded to come forward. And it\u2019s no wonder. The reason why this is a routine story is because we have come to expect the typical response from universities. First comes the initial silencing: When the first victim came forward in 2017, the department head apparently did not fulfil his duty of reporting the complaint to his superiors. Then there are the attempts to \u201crehabilitate\u201d the offender: According to the Charlotte Observer, McEachnie was demoted, banned from taking students on study abroad trips, and ordered to commence \u201cmandatory training\u201d for his abuses. And now, with legal action and media scrutiny underway Charlotte still doesn\u2019t have anything to say to the victims. According to spokesperson Buffie Stephens, the university will respond in court. This kind of response is exactly why marginalized students become so disillusioned with their universities. Here we are, not a year into the tenure of the first woman chancellor at Charlotte, and our campus is still struggling with sexual harassment. Drafting broad diversity statements and land acknowledgements while hosting gender equity panels can all be good window dressing, but within an institution molded by white supremacy, capitalism, and misogyny, that ultimately signifies nothing Charlotte, like every other System university, and indeed like every university in the United States, cannot make a credible commitment to protecting its students from abuse so long as it performs, rather than lives by, social justice. What does that look like? For one, it doesn\u2019t look like \u201cmandatory training.\u201d What can be done to stop sexual harassment is a problem that cannot be reasoned away by administrators, attorneys, and definitely not some of these professors. Students have already begun to re-imagine the power dynamics that come with the college degree: the culture of casual racism and misogyny, the abundance of privilege 2/17/25, 1:58 OPINION: Misconduct Allegations Against Charlotte Professor Are Part of a Bigger Issue 3/5 inherent in most departments, and the factors \u2014 money, fear, trauma, and so on \u2014 that prevent students from speaking out about injustice. What university officials and other powerful individuals need to do is listen and act \u2014 and do it right the first time. We don\u2019t have to wait until the next victim to come forward to listen to survivors. We don\u2019t have to wait for the next movement or the next hashtag to abolish the ancient oppressive systems so crudely hidden within our campuses. We can fix it right now. If we couldn\u2019t do it the first time, then why not make this the last time? Nikolai Mather is a senior studying political science and international studies at Charlotte. Become part of the Nerve: Help us continue to connect community and culture and tell the overlooked stories of everyday Charlotte. Get better connected and become a monthly donor to support our mission and opt-in to our email newsletter. And if you\u2019re a patron of the arts in Charlotte, subscribe to the paper for the most in-depth coverage of the local scene you\u2019ll find in town. 2/17/25, 1:58 OPINION: Misconduct Allegations Against Charlotte Professor Are Part of a Bigger Issue 4/5 2/17/25, 1:58 OPINION: Misconduct Allegations Against Charlotte Professor Are Part of a Bigger Issue 5/5", "8732_104.pdf": "by: Seema Iyer Posted: Mar 5, 2021 / 02:08 Updated: Mar 5, 2021 / 02:10 UNC-Charlotte history instructor is being accused by two former students of sexual misconduct, and he\u2019s still teaching at the school federal lawsuit filed by a former student claims religious historian, Robert McEachnie, \u201cgroomed\u201d her for months before the two engaged in an intimate relationship during a 2017 summer abroad in Israel, Turkey, and London UNC-Charlotte professor, school system being sued over sexual misconduct allegations 38 2/17/25, 1:58 UNC-Charlotte professor, school system being sued over sexual misconduct allegations 17 1/9 The former student was 21 at the time. The lawsuit also mentions another student who accused McEachnie of inappropriate touching during that same Israel trip. The lawsuit claims McEachnie \u201cmanipulated\u201d the former student in many ways, including encouraging her to share personal and medical information, making \u201cfalse statements\u201d about his intentions, and showing her other students\u2019 papers with their personal information. The suit also claims that he made offers to help her get into grad school, pushed her to drop classes, and otherwise psychologically damaged her, and says even after she terminated the relationship in November 2017, it did not end her suffering. The former student reported McEachnie\u2019s misconduct and their relationship to the school in November 2019. The lawsuit names McEachnie, UNC-C, and the System as defendants and there are three causes of action. 1. Violation of Title regarding her right to protection from sexual harassment/conduct at an educational facility that receives federal funding. 2. Violation of Civil Rights under the Constitution in that the ormer student was deprived of personal security and integrity and the University failed to adequately investigate complaints. 3. Intentional Infliction of Emotional Distress. Julie Fosbinder, attorney for the former student says that the case she is filing is analogous to a sexual harassment case in employment law. \u201cIt is very akin to a quid pro quo relationship where an employer says to someone, \u2018if you have a sexual relationship with me, I\u2019ll give you a promotion,\u2019 or, \u2018if you don\u2019t, I\u2019ll terminate you.\u2019 It\u2019s that same sort of power dynamic,\u201d Fosbinder said police officer accused of racial profiling placed on administrative leave > Next > Cancel \u2715 Next story in > Cancel Next story in 2/17/25, 1:58 UNC-Charlotte professor, school system being sued over sexual misconduct allegations 17 2/9 UNC-Charlotte\u2019s policy on teacher-student relationships states that \u201cIt is improper for a faculty member, instructional assistant, or other university employee to participate in the instruction, evaluation, or supervision of a student with whom there is an amorous relationship or familial relationship. Violation of this policy may result in disciplinary procedures.\u201d It is important to note that the wording of the policy is that it is\u201dimproper,\u201d but not forbidden, and \u201cmay\u201d result in disciplinary action \u2014 not \u201cwill 46 reached out to McEachnie\u2019s attorney and the Attorney General who represents the and the school system. Neither had any comment. Copyright 2025 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed Finally, a cordless vacuum that really works on pet / 3 Days Ago > Next > Next story in > Next story in 2/17/25, 1:58 UNC-Charlotte professor, school system being sued over sexual misconduct allegations 17 3/9 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 / 3 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 > Next > Next story in > Next story in 2/17/25, 1:58 UNC-Charlotte professor, school system being sued over sexual misconduct allegations 17 4/9 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 500 days of the Israel-Hamas war, by the numbers Watchdog says Israel is advancing plans for nearly \u2026 Rwanda-backed M23 rebels occupy a 2nd major city > Next > Next story in > Next story in 2/17/25, 1:58 UNC-Charlotte professor, school system being sued over sexual misconduct allegations 17 5/9 Top Stories 500 days of the Israel-Hamas war, by the numbers Watchdog says Israel is advancing plans for nearly \u2026 Rwanda-backed M23 rebels occupy a 2nd major city \u2026 Australia plans to deport 3 violent criminals to \u2026 \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 More Stories Australia plans to deport 3 violent criminals to \u2026 \u2018Saturday Night Live\u2019 celebrates 50 years with comedy > Next > Next story in > Next story in 2/17/25, 1:58 UNC-Charlotte professor, school system being sued over sexual misconduct allegations 17 6/9 CBS17.com Video More Videos 1 Winter storm impacts likely across central Wednesday 2 Patient rooms damaged by winds at Fayetteville hospital 3 2 hurt as Fayetteville ambulance overturns in crash 4 sheriff: $59 million from should go to Helene \u2026 5 Where do Triangle cities rank among most educated \u2026 6 Apex armed robbery leads to chase, head-on 64 \u2026 7 Fort Liberty renamed Fort Bragg \u2018effective immediately > Next > Next story in > Next story in 2/17/25, 1:58 UNC-Charlotte professor, school system being sued over sexual misconduct allegations 17 7/9 Local News That Matters News Weather Video Sports My Carolina Meet the 17 team Contact Us Children\u2019s programming Report 2023 Audit Response Public File Nexstar Certification Get News App Stay Connected Read more trending stories > Next > Next story in > Next story in 2/17/25, 1:58 UNC-Charlotte professor, school system being sued over sexual misconduct allegations 17 8/9 Privacy Policy 11/18/2024 Terms Of Use Applications Public File Assistance Contact The Hill NewsNation BestReviews Content Licensing Nexstar Digital Journalistic Integrity Sitemap Do Not Sell or Share My Personal Information \u00a9 1998 - 2025 Nexstar Media Inc. | All Rights Reserved > Next > Next story in > Next story in 2/17/25, 1:58 UNC-Charlotte professor, school system being sued over sexual misconduct allegations 17 9/9", "8732_105.pdf": "History instructor had sex with student, groped another on trip, lawsuit says By Michael Gordon Updated March 08, 2021 2:02 religion historian at Charlotte remains in the classroom despite what a new federal lawsuit describes as his improper sexual behavior toward two female students during a 2017 university-sponsored trip to the Holy Land new federal lawsuit accuses a religion instructor at Charlotte of sexual misconduct with students during a trip to Israel. John D. Simmons Observer file photo Only have a minute? Listen instead 1.0x Powered by Trinity Audio 00:00 07:54 10 10 $1.99 1 Gain unlimited access to our exclusive stories Log In | Subscribe 2/17/25, 1:58 instructor accused of sexual misconduct on school trip | Charlotte Observer 1/3 Subscribe now for only $1.99 for your first month Already a subscriber? Log In Both women, according to the court document, filed formal complaints with the school against Robert McEachnie, a faculty member in the university\u2019s Department of History who specializes in antiquity, including ancient religions. Both women, according to the court document, filed formal complaints with the school against Robert McEachnie, a faculty member in the university\u2019s Department of History who specializes in antiquity, including ancient religions. 2/17/25, 1:58 instructor accused of sexual misconduct on school trip | Charlotte Observer 2/3 Part of the McClatchy Media Network Take Us With You Real-time updates and all local stories you want right in the palm of your hand Start a Subscription Customer Service Edition Vacation Hold Pay Your Bill About Us Contact Us Newsletters Archives Sports Betting Personal Finance McClatchy Advertising Place an Ad Place a Classified Ad Place an Ad - Celebrations Place an Obituary Staffing Solutions Political | Advocacy Advertising 2/17/25, 1:58 instructor accused of sexual misconduct on school trip | Charlotte Observer 3/3"} |
8,541 | Justin Ward | University of Texas – Austin | [
"8541_101.pdf",
"8541_101.pdf"
] | {"8541_101.pdf": "3 Date Received Report Date Respondent Staff/Faculty Designation Summary Employment Action Taken 1/13/2019 8/23/2019 Keel-Guevara, Sonia Staff On January 13, 2019, Keel-Guevara, night shift employee in Custodial Services, contacted regarding her concern that another employee, formerly a subordinate of Keel-Guevara\u2019s, engaged in unwelcome conduct of a sexual nature towards Keel-Guevara investigated the allegations. During the course of the investigation determined that the alleged unwelcome conduct had been consensual, and determined that Keel-Guevara had failed to report a consensual relationship with the subordinate employee as required by University policy determined that the failure to report such consensual relationship violated the prohibition of sexual misconduct in 3-3031. On November 4, 2019, Keel-Guevara received a level 1 written warning. 2/13/2019 4/23/2019 Rivera, Frederick Staff In February 2019, an employee contacted regarding their concern that Rivera, employee in the dish room with University Housing and Dining, allegedly engaged in inappropriate conduct of a sexual nature with two colleagues in the same Department investigated the allegations separately. The first colleague spoke with and alleged that Rivera engaged in unwelcome physical contact with the colleague on multiple occasions. The second colleague spoke with and alleged that Rivera made inappropriate comments of a sexual nature towards and engaged in unwelcome physical contact with the colleague. Rivera denied the allegations found sufficient evidence that the alleged conduct occurred, and determined that such conduct violated the prohibition of sexual harassment in 3-3031. Rivera\u2019s University employment was terminated effective June 7, 2019. 2/18/2019 4/24/2019 Lewis, Shelton Staff In February 2019, an employee contacted regarding their concern that Lewis, a recruitment and enrollment director in the College of Fine Arts, allegedly engaged in unwelcome physical contact with multiple colleagues in the same Department investigated the matter interviewed multiple witnesses who experienced or witnessed the alleged conduct. Lewis denied the allegations found sufficient evidence that the alleged conduct occurred, and determined that such conduct violated the prohibition of sexual harassment in 3-3031. Lewis resigned in lieu of termination effective June 30, 2019. Lewis is barred from future University employment. 2/20/2019 6/7/2019 Ward, Justin Staff In February 2019, an employee contacted regarding their concern that the employee was being stalked, both on and off campus, by Ward, director in the University Development Office. The information was forwarded to for investigation of any policy violation(s). Ward denied the allegations found sufficient evidence that the alleged conduct occurred, and determined that such conduct violated the prohibition of stalking in 3-3031. Ward resigned his University employment in lieu of termination effective July 12, 2019. Ward is barred from future University employment. 3/8/2019 6/26/2019 Dalby, Kevin Faculty On March 8, 2019, an employee contacted regarding their concern that Dalby, a professor in the College of Pharmacy, allegedly made inappropriate comments of a sexual nature to a student investigated the allegations. Dalby denied making some of the alleged comments and tried to provide context regarding the other comments found sufficient evidence that the alleged conduct occurred, and determined that such conduct violated the prohibition of sexual misconduct in 3-3031. On September 5, 2019, Dalby received a letter of reprimand. Dalby was also prohibited from sole-supervising graduate students until fall 2021; was required to participate in one or more discussions with the College\u2019s dean regarding appropriate interactions and boundaries with students; and was required to develop a plan to be presented to the dean regarding how Dalby plans to manage professional working relationships with students. 7/16/2019 9/18/2019 Pozos, Angel Staff On July 16, 2019, an employee contacted regarding their concern that Pozos, warehouse manager in the Cockrell School of Engineering, had engaged in unwelcome physical contact with a staff member investigated the allegations. Pozos admitted to some of the alleged conduct found sufficient evidence that the conduct occurred, and determined that such conduct violated the prohibition of sexual harassment in 3-3031. On October 18, 2019, Pozos\u2019s University employment was terminated."} |
7,272 | Matt Manweller | Central Washington University | [
"7272_101.pdf",
"7272_102.pdf",
"7272_103.pdf",
"7272_104.pdf",
"7272_105.pdf",
"7272_106.pdf"
] | {"7272_101.pdf": "Matt Manweller Member of the Washington House of Representatives from the 13th district In office November 29, 2012 \u2013 January 14, 2019 Preceded by Bill Hinkle Succeeded by Alex Ybarra Personal details Born Mathew Shon Manweller August 23, 1969 California[1] Political party Republican Alma mater Whitman College (BA) University of Montana (MA) University of Oregon (PhD) Matt Manweller Mathew Shon Manweller (born August 23, 1969) is an American Republican politician and political scientist politician who served as a member of the Washington House of Representatives, representing the 13th Legislative District, from 2012 to 2019.[2] Manweller earned a Bachelor of Arts from Whitman College, a Master of Arts from the University of Montana, and PhD from the University of Oregon. Manweller worked as a Professor of Political Science at Central Washington University. During his tenure in the Washington House of Representatives, Manweller was focused on creating a smaller, less expensive, more efficient government that provides solution-oriented leadership. Most recently his efforts prioritized the move against a state income tax, increasing funding for vocational education, reducing forest fires, and preventing school shootings. During his three terms, Matt Manweller was outspoken about controversial topics such as free speech on college campuses, bathroom bills, and the Washington Supreme Court. He was initially investigated by in 2012, the year he was first elected to the legislature, on claims of sexual harassment by students while teaching. He obtained a restraining order against the university to prevent release of the 2012 report; the order was lifted four days before election day. In both 2012 and 2013, outside investigators concluded that there was \"evidence to suggest\" that Manweller violated the university's sexual-harassment policies.[3] While the university did not punish him following the 2012 investigation, in 2013 Manweller's promotion to full professor was delayed and he was ordered to complete sexual harassment training.[4][3] Education Career Central Washington University Sex Investigation 2/17/25, 1:59 Matt Manweller - Wikipedia 1/3 On December 11, 2017, Manweller was placed on administrative leave by Central Washington University, following additional complaints from ex-students investigated Manweller for \"inappropriate conduct.\"[4][5] The Seattle Times has additionally reported on a complaint from a Legislative Aide in Olympia, Washington.[5][6] On December 14, 2017, Manweller \"resigned his leadership position\" as assistant floor leader and was \" 'removed' from his position as the Ranking Republican on the House Labor and Workplace Standards Committee.\"[7] Manweller filed for re-election in May 2018. Manweller\u2019s employment as a tenured professor was terminated by Central Washington University on August 14, 2018, after an investigation by an independent third party hired by to evaluate accusations of inappropriate behavior made by former students.[8] On September 21, 2018, Manweller was asked by party leaders to resign his position in the Washington State House of Representatives after it became widely known that he had had a sexual relationship with a 17-year-old girl, a former high school student of his.[9][10] In 2019, Manweller settled a wrongful termination lawsuit with Central Washington University for $155,000.[11] 1. \"Legislative Manual, 2017-2018\" ( uals/2017-2018%20Legislative%20Manual.pdf) (PDF). Washington Legislature. 2017. Retrieved 2021-12-24. 2. \"Matt Manweller\" ( votesmart.org. Retrieved 2012-12-24. 3. \"Washington state Rep. Matt Manweller has faced sexual misconduct complaints from students\" ( exual-misconduct-complaints-from-students/). The Seattle Times. 2017-12-06. Retrieved 2017-12-14. 4. Martinez, Julia (11 December 2017). \"Central Washington U. Places Professor \u2014 and State Lawmaker \u2014 on Leave Amid Allegation\" ( Places/242032). Chronicle of Higher Education. Retrieved 17 December 2017. 5. \"Washington state Rep. Matt Manweller placed on leave at job\" ( m/seattle-news/times-watchdog/washington-state-rep-matt-manweller-placed-on-leave-at-cwu-jo b/). 11 December 2017. 6. \"Central Washington University is Investigating Rep. Matt Manweller for Something, but They Won't Say What\" ( versity-is-investigating-rep-matt-manweller-for-something-but-they-wont-say-what). 7. \"Manweller Stripped Of Committee Assignment, Resigns As Assistant Floor Leader | Northwest News Network\" ( s-assistant-floor-leader). 14 December 2017. 8 | Central Washington University Statement on Professor Matt Manweller\" ( du/central-washington-university-statement-professor-matt-manweller). Retrieved 2018-08-14. References 2/17/25, 1:59 Matt Manweller - Wikipedia 2/3 9. \"Washington House Republicans ask Manweller to resign after former student alleges underage relationship\" ( esign-after-former-student-alleges-underage-relationship). nwpb.org. 22 September 2018. Retrieved 2018-10-24. 10. \"Rep. Matt Manweller to step down on Jan. 14\" ( -matt-manweller-to-step-down-on-jan/article_f857eb76-03be-11e9-8a1a-db3876c6d36b.html). yakimaherald.com. December 25, 2018. 11. \"Ex lawmaker Matt Manweller settles lawsuit against university for $155K\" ( letimes.com/seattle-news/ex-gop-lawmaker-matt-manweller-settles-lawsuit-against-university-for-1 55k/). 2 April 2019. Retrieved from \" 2/17/25, 1:59 Matt Manweller - Wikipedia 3/3", "7272_102.pdf": "with-students/article_dec0e4ee-9fe9-11e8-92f5-df976a399b1e.html Rep. Manweller fired from after allegations of inappropriate conduct with students Mike Baker and Joseph O\u2019Sullivan Seattle Times Aug 14, 2018 State Rep. Matt Manweller, R- Ellensburg Privacy - Terms 2/17/25, 1:59 Rep. Manweller fired from after allegations of inappropriate conduct with students | Local | yakimaherald.com 1/7 Rep. Matt Manweller teaches an American Politics class at Central Washington University in Ellensburg, Wash. on Friday, Sept. 30, 2016 GUST/Yakima Herald-Republic \u2014 Central Washington University has fired professor and state Rep. Matt Manweller, R-Ellensburg, following its latest investigation into allegations of inappropriate behavior by the lawmaker. In a statement released Tuesday, the university said it wouldn\u2019t make public an investigation report into the allegations until later this month, but that Manweller\u2019s employment had ended. Manweller has blasted the university\u2019s investigation, calling it politically motivated. In a text message Tuesday, Manweller wrote that he intended to file a lawsuit against the university and the investigator. 2/17/25, 1:59 Rep. Manweller fired from after allegations of inappropriate conduct with students | Local | yakimaherald.com 2/7 \u201cOver nine months ago the university communicated to me that they were going to terminate my employment regardless of what the investigation revealed,\u201d Manweller wrote. \u201cToday, they made good on that threat.\u201d Manweller could authorize release of the report early. In a text message to The Associated Press, he said he has not yet decided whether to allow the early release of the report, or to seek an injunction to block it. The most recent investigation was completed last month by Trish Murphy of Northwest Workplace Law. While the university didn\u2019t provide details about the investigation, its statement said Manweller \u201chas been afforded all of his due process rights under the faculty collective bargaining agreement, including the right to union representation.\u201d In previous years the university looked into two allegations of sexual harassment made against Manweller. The lawmaker, meanwhile, was the subject of another, separate complaint made last year at the Washington Legislature. #MeToo Manweller is one of several current or former Washington legislators who have faced scrutiny in the wake of the #MeToo movement. The university\u2019s action comes as lawmakers and officials in Olympia are grappling with how to strengthen a system to report complaints and hold accountable those found to have behaved inappropriately. In anticipation of the report becoming public, Manweller released a video earlier this month in which he criticized the investigation as politically motivated and accused officials of targeting him over trivial issues. \u201cLet\u2019s be clear: Central is not responding to allegations, they are manufacturing allegations,\u201d Manweller said in the video. 2/17/25, 1:59 Rep. Manweller fired from after allegations of inappropriate conduct with students | Local | yakimaherald.com 3/7 He said sexual harassment should be taken seriously but that it\u2019s a disservice to the #MeToo movement if some of the issues raised in the report are considered harassment. \u201cThere is nothing in this report to apologize for,\u201d he said. \u201cThe things that are true are not inappropriate. And the things that are inappropriate are not true.\u201d Earlier this month, Manweller provided to reporters affidavits from two students, including one who wrote that Murphy \u201cput words in her mouth\u201d and she felt she was \u201cbeing pressured into saying things that were not true.\u201d Manweller said an additional student is set to sign an affidavit as well. Murphy declined to comment Tuesday, but in its statement, the university wrote that it stands by her \u201ccomprehensive investigative report and is confident that the report will withstand public scrutiny.\u201d In its statement, the university said it \u201cdeeply regrets that Dr. Manweller has chosen to make public statements minimizing, trivializing, even ridiculing, the female students who have come forward with legitimate concerns. \u201cThe University trusts that the investigation report \u2014 and the University\u2019s response \u2014 will fully address and validate the concerns of our students, and we thank them for their courage in coming forward,\u201d the statement says. Manweller had been at the university since 2003 and worked as a political-science professor state lawmaker since 2012, he has been cruising toward re-election this year. He received more than 63 percent of the vote in last week\u2019s primary. He advanced to the November ballot along with Democrat Sylvia Hammond. He also noted the strong support he received in the recent election, calling it \u201can overwhelming landslide.\u201d \u201cIt is never easy to stand up to a bully but I\u2019m glad the voters in the 13th district are supporting my efforts,\u201d he wrote. 2/17/25, 1:59 Rep. Manweller fired from after allegations of inappropriate conduct with students | Local | yakimaherald.com 4/7 Investigations The latest investigation of Manweller began after a Seattle Times story in December that detailed two previous investigations conducted at CWU. In one of those, a student had reported that Manweller invited her to a bar in 2006 and propositioned her and a friend to have a threesome, according to records. In another, a student had reported that Manweller had made sexual comments, touched her leg and kissed her in his office. Manweller disputed the accounts but conceded he may have said something in the bar meeting that caused offense. The inquiries had concluded that there was evidence to suggest he had violated the school\u2019s sexual-harassment policy, and the second investigation led the dean to issue a letter of reprimand and require that Manweller undergo sexual-harassment training, according to records. After the Times article, Manweller\u2019s first wife said she believed Manweller was grooming her when she was a high-school sophomore and he was a teacher at her school. The two married in June 2000, shortly after her graduation. The Times also reported the account of a woman who worked at the Legislature and complained last year about his conduct. That woman reported that she had a meeting with Manweller that she thought was to be about her career, but she said it ended up feeling more like a date. She said Manweller steered the conversation toward personal issues, made what she thought were flirtatious comments, put her coat around her and opened the door to his car for her to get in. Manweller has said he was only being polite and trying to help the woman placed him on leave in December and began the new investigation. Manweller stepped down from his position as assistant floor leader in the state House. 2/17/25, 1:59 Rep. Manweller fired from after allegations of inappropriate conduct with students | Local | yakimaherald.com 5/7 The Associated Press contributed to this report. Report: Rep. Matt Manweller had pattern of inappropriate behavior Record freshman streak ends but Central Washington University keeps growing 2/17/25, 1:59 Rep. Manweller fired from after allegations of inappropriate conduct with students | Local | yakimaherald.com 6/7 Party leaders: Video from state Rep. Manweller won\u2019t sway voters Report into harassment allegations against Manweller complete, but refuses to release it Manweller asked to resign, faces critics at forum Manweller quits leadership post amid allegations of harassment State Rep. Matt Manweller placed on leave from job Woman says she complained about state Rep. Matt Manweller's conduct this year Report released: Manweller neither disciplined nor vindicated official: Manweller probe reveals no wrongdoing Manweller sues over investigation State leadership asks Rep. Matt Manweller to resign Rep. Matt Manweller says he won't serve another term if elected 2/17/25, 1:59 Rep. Manweller fired from after allegations of inappropriate conduct with students | Local | yakimaherald.com 7/7", "7272_103.pdf": "with-students/article_dec0e4ee-9fe9-11e8-92f5-df976a399b1e.html Rep. Manweller fired from after allegations of inappropriate conduct with students Mike Baker and Joseph O\u2019Sullivan Seattle Times Aug 14, 2018 State Rep. Matt Manweller, R- Ellensburg Privacy - Terms 2/17/25, 1:59 Rep. Manweller fired from after allegations of inappropriate conduct with students | Local | yakimaherald.com 1/7 Rep. Matt Manweller teaches an American Politics class at Central Washington University in Ellensburg, Wash. on Friday, Sept. 30, 2016 GUST/Yakima Herald-Republic \u2014 Central Washington University has fired professor and state Rep. Matt Manweller, R-Ellensburg, following its latest investigation into allegations of inappropriate behavior by the lawmaker. In a statement released Tuesday, the university said it wouldn\u2019t make public an investigation report into the allegations until later this month, but that Manweller\u2019s employment had ended. Manweller has blasted the university\u2019s investigation, calling it politically motivated. In a text message Tuesday, Manweller wrote that he intended to file a lawsuit against the university and the investigator. 2/17/25, 1:59 Rep. Manweller fired from after allegations of inappropriate conduct with students | Local | yakimaherald.com 2/7 \u201cOver nine months ago the university communicated to me that they were going to terminate my employment regardless of what the investigation revealed,\u201d Manweller wrote. \u201cToday, they made good on that threat.\u201d Manweller could authorize release of the report early. In a text message to The Associated Press, he said he has not yet decided whether to allow the early release of the report, or to seek an injunction to block it. The most recent investigation was completed last month by Trish Murphy of Northwest Workplace Law. While the university didn\u2019t provide details about the investigation, its statement said Manweller \u201chas been afforded all of his due process rights under the faculty collective bargaining agreement, including the right to union representation.\u201d In previous years the university looked into two allegations of sexual harassment made against Manweller. The lawmaker, meanwhile, was the subject of another, separate complaint made last year at the Washington Legislature. #MeToo Manweller is one of several current or former Washington legislators who have faced scrutiny in the wake of the #MeToo movement. The university\u2019s action comes as lawmakers and officials in Olympia are grappling with how to strengthen a system to report complaints and hold accountable those found to have behaved inappropriately. In anticipation of the report becoming public, Manweller released a video earlier this month in which he criticized the investigation as politically motivated and accused officials of targeting him over trivial issues. \u201cLet\u2019s be clear: Central is not responding to allegations, they are manufacturing allegations,\u201d Manweller said in the video. 2/17/25, 1:59 Rep. Manweller fired from after allegations of inappropriate conduct with students | Local | yakimaherald.com 3/7 He said sexual harassment should be taken seriously but that it\u2019s a disservice to the #MeToo movement if some of the issues raised in the report are considered harassment. \u201cThere is nothing in this report to apologize for,\u201d he said. \u201cThe things that are true are not inappropriate. And the things that are inappropriate are not true.\u201d Earlier this month, Manweller provided to reporters affidavits from two students, including one who wrote that Murphy \u201cput words in her mouth\u201d and she felt she was \u201cbeing pressured into saying things that were not true.\u201d Manweller said an additional student is set to sign an affidavit as well. Murphy declined to comment Tuesday, but in its statement, the university wrote that it stands by her \u201ccomprehensive investigative report and is confident that the report will withstand public scrutiny.\u201d In its statement, the university said it \u201cdeeply regrets that Dr. Manweller has chosen to make public statements minimizing, trivializing, even ridiculing, the female students who have come forward with legitimate concerns. \u201cThe University trusts that the investigation report \u2014 and the University\u2019s response \u2014 will fully address and validate the concerns of our students, and we thank them for their courage in coming forward,\u201d the statement says. Manweller had been at the university since 2003 and worked as a political-science professor state lawmaker since 2012, he has been cruising toward re-election this year. He received more than 63 percent of the vote in last week\u2019s primary. He advanced to the November ballot along with Democrat Sylvia Hammond. He also noted the strong support he received in the recent election, calling it \u201can overwhelming landslide.\u201d \u201cIt is never easy to stand up to a bully but I\u2019m glad the voters in the 13th district are supporting my efforts,\u201d he wrote. 2/17/25, 1:59 Rep. Manweller fired from after allegations of inappropriate conduct with students | Local | yakimaherald.com 4/7 Investigations The latest investigation of Manweller began after a Seattle Times story in December that detailed two previous investigations conducted at CWU. In one of those, a student had reported that Manweller invited her to a bar in 2006 and propositioned her and a friend to have a threesome, according to records. In another, a student had reported that Manweller had made sexual comments, touched her leg and kissed her in his office. Manweller disputed the accounts but conceded he may have said something in the bar meeting that caused offense. The inquiries had concluded that there was evidence to suggest he had violated the school\u2019s sexual-harassment policy, and the second investigation led the dean to issue a letter of reprimand and require that Manweller undergo sexual-harassment training, according to records. After the Times article, Manweller\u2019s first wife said she believed Manweller was grooming her when she was a high-school sophomore and he was a teacher at her school. The two married in June 2000, shortly after her graduation. The Times also reported the account of a woman who worked at the Legislature and complained last year about his conduct. That woman reported that she had a meeting with Manweller that she thought was to be about her career, but she said it ended up feeling more like a date. She said Manweller steered the conversation toward personal issues, made what she thought were flirtatious comments, put her coat around her and opened the door to his car for her to get in. Manweller has said he was only being polite and trying to help the woman placed him on leave in December and began the new investigation. Manweller stepped down from his position as assistant floor leader in the state House. 2/17/25, 1:59 Rep. Manweller fired from after allegations of inappropriate conduct with students | Local | yakimaherald.com 5/7 The Associated Press contributed to this report. Report: Rep. Matt Manweller had pattern of inappropriate behavior Record freshman streak ends but Central Washington University keeps growing 2/17/25, 1:59 Rep. Manweller fired from after allegations of inappropriate conduct with students | Local | yakimaherald.com 6/7 Party leaders: Video from state Rep. Manweller won\u2019t sway voters Report into harassment allegations against Manweller complete, but refuses to release it Manweller asked to resign, faces critics at forum Manweller quits leadership post amid allegations of harassment State Rep. Matt Manweller placed on leave from job Woman says she complained about state Rep. Matt Manweller's conduct this year Report released: Manweller neither disciplined nor vindicated official: Manweller probe reveals no wrongdoing Manweller sues over investigation State leadership asks Rep. Matt Manweller to resign Rep. Matt Manweller says he won't serve another term if elected 2/17/25, 1:59 Rep. Manweller fired from after allegations of inappropriate conduct with students | Local | yakimaherald.com 7/7", "7272_104.pdf": "Report Finds \u2018Pattern Of Unprofessional Conduct\u2019 From Rep. Matt Manweller In Firing Him By Austin Jenkins \uf133August 22, 2018 Washington 13th District Rep. Matt Manweller LEGISLATURE/2014 00:00 00:00 \uf002 2/17/25, 1:59 Report Finds 'Pattern Of Unprofessional Conduct' From Rep. Matt Manweller In Firing Him - Northwest Public Broadcasting 1/9 Washington state Rep. Matt Manweller \u201cengaged in a pattern of unprofessional and inappropriate behavior\u201d with current and former female students at Central Washington University (CWU) over a 13-year period, according to an 85-page investigative report released by the university on Wednesday. The July report written by Trish Murphy of Northwest Workplace Law in Seattle, said there is evidence to establish that Manweller\u2019s conduct included offering better grades in exchange for sex, looking at the bodies of female students, physical touching, and asking inappropriate personal questions. Manweller, who represents Washington\u2019s 13th Legislative District and has denied wrongdoing, was fired earlier this month from his position as a tenured political science professor based on the findings of the months-long investigation. He is now suing the university and the investigator for more than $2 million, alleging wrongful termination. Among the allegations made against Manweller in the investigation former student said that one evening in 2009 she met with Manweller in his office to discuss family issues that were resulting in her falling behind in his class. The woman told the investigator that Manweller pulled his chair close to her, put his hand on her knee and said, \u201cThere\u2019s always a way for you to get an in this class,\u201d which she took to mean an exchange of a sexual favor for a good grade. The student said after that encounter she withdrew from his class. In an interview with the investigator, Manweller denied touching the student or suggesting a trade of sex for a good grade. Manweller said that he tells students who are struggling that \u201cyou can pass the class\u201d to alleviate panic and that \u201cit never 2/17/25, 1:59 Report Finds 'Pattern Of Unprofessional Conduct' From Rep. Matt Manweller In Firing Him - Northwest Public Broadcasting 2/9 occurred to him\u201d that someone would take it as a quid pro quo. He added that he was \u201cvery sorry\u201d that the student, whose family he knows, took it that way former babysitter who was a student at CWU, but didn\u2019t take a class from Manweller, said that he would comment on her appearance and tell her \u201chow hot she is, and that she is a \u201910.\u2019\u201d The woman also said that Manweller would \u201cinitiate hugs,\u201d offer her a drink when he got home, joked that she could \u201cstay over,\u201d and once put his hand on the side of her knee while they were sitting on his couch. In his interview with the investigator, Manweller denied making comments about the babysitter\u2019s looks and disputed other allegations, including the couch incident former student said she attended a legislative reception in Olympia in January 2014 and felt very \u201chit upon\u201d by Manweller who she said focused on her chest and left her feeling \u201cgross\u201d and \u201ccreeped out.\u201d Manweller said he did not recall the student, but that he remembered the event because the room was small 2009 graduate of said she went to Manweller\u2019s office to discuss a senior research project she was working on with another professor. During that meeting the woman she Manweller commented \u201chow unusual it was to have an attractive woman interested in\u201d political science and asked about her dating life. At a later lunch with Manweller, the woman said he told her that \u201che wanted to run away with her,\u201d that he could not stop thinking about her, and grabbed her forearm as she tried to leave in her car. Manweller denied to the investigator that he told the woman she was attractive and didn\u2019t recall asking her about her dating life. He also disputed the facts of the lunch, including the location 2/17/25, 1:59 Report Finds 'Pattern Of Unprofessional Conduct' From Rep. Matt Manweller In Firing Him - Northwest Public Broadcasting 3/9 and said they went together in his car not separately. He denied making comments about not being able to stop thinking about her. Murphy interviewed 15 current and former female students, as well as other witnesses as part of her investigation. She also interviewed Manweller for approximately four hours. In a lengthy response to the Central Washington investigation, which was submitted to earlier this month and posted on Manweller\u2019s campaign website, Manweller\u2019s lawyer accused the university of a \u201crelentless effort to concoct\u201d facts against Manweller and called the investigation an \u201cexercise in futility\u201d that was \u201cnot fair, impartial, and objective.\u201d The lawyer accused and Murphy of delving into Manweller\u2019s private life and his role as a state lawmaker, instead of limiting the scope of the investigation to his conduct as a professor hired Murphy to do whatever it takes to find a basis to justify terminating Dr. Manweller,\u201d the lawyer, Douglas Nicholson, wrote. Nicholson\u2019s response also accused Central Washington of conducting a \u201cGestapo-like raid\u201d on Manweller\u2019s office in December of last year and seizing his computer. Manweller was previously investigated by in 2012 and 2013. This latest investigation was triggered after The Seattle Times reported last December on those previous allegations. Following that reporting, the university received additional complaints about Manweller\u2019s conduct. At that time Manweller was placed on paid leave. 2/17/25, 1:59 Report Finds 'Pattern Of Unprofessional Conduct' From Rep. Matt Manweller In Firing Him - Northwest Public Broadcasting 4/9 While he was on leave, the university\u2019s provost recommended that Manweller continue in his tenured position and receive a raise based on \u201cexemplary scholarship/creative activity.\u201d It\u2019s not clear if Manweller received that raise. He was formally notified of his termination on August 14 copy of Manweller\u2019s termination letter shows that the university fired him based on failing to maintain acceptable standards of professional conduct and for his \u201cinsubordinate disregard\u201d of instructions that while on leave he not have contact with current or former students. He is currently seeking his fourth term in the Washington Legislature STORIES: Former Washington State Rep. Matt Manweller Settles Lawsuit Against For $155,000 Former Washington state Rep. Matt Manweller has settled a wrongful termination lawsuit against his former employer, Central Washington University (CWU), for $155,000. Manweller had initially sought more than $2 million in damages. 2/17/25, 1:59 Report Finds 'Pattern Of Unprofessional Conduct' From Rep. Matt Manweller In Firing Him - Northwest Public Broadcasting 5/9 Austin Jenkins \u2022 April 2, 2019 Two Washington Lawmakers Accused Of Sexual Misconduct: Manweller Wins; Fain In Tight Race Matt Manweller and Joe Fain, two Washington legislators accused of sexual misconduct during their re-election campaigns, are seeing very different outcomes in their races this week News \u2022 November 8, 2018 Rep. Matt Manweller Says He\u2019ll Step Down, Former Student At Center Says 2/17/25, 1:59 Report Finds 'Pattern Of Unprofessional Conduct' From Rep. Matt Manweller In Firing Him - Northwest Public Broadcasting 6/9 Prison education program is giving incarcerated people in Idaho a second chance February 14, 2025 TAGS: #MeToo Central Washington University Matt Manweller sexual harassment waleg Washington Legislature She\u2019s Relieved Under pressure to resign following a new allegation of sexual misconduct, Republican state legislator Matt Manweller on Monday told a reporter from the Columbia Basin Herald that he would resign if re-elected this November. In his statement, Manweller neither denied what he called the \u201calleged relationship\u201d nor apologized. 2/17/25, 1:59 Report Finds 'Pattern Of Unprofessional Conduct' From Rep. Matt Manweller In Firing Him - Northwest Public Broadcasting 7/9 Locals get crafty to make valentines for the Wenatchee Valley Humane Society February 14, 2025 Saying love you\u2019 with local chocolates February 14, 2025 Northwest federal workers are demoralized, but many are determined to keep their jobs February 13, 2025 Purpose Boxing Club new gym with a mission to uplift youth February 12, 2025 An exhibition in Richland highlights the Latino contributions at Hanford February 12, 2025 Northwest Public Broadcasting Watch Online Listen Online Download Schedule Download Schedule Public Inspection Files Applications About Us Contact Information Jobs Public Documents Who We Are Coverage Area Support Us Pledge Today Leadership Circle Vehicle Donation Estate Planning Business Support & Community Sponsor 2/17/25, 1:59 Report Finds 'Pattern Of Unprofessional Conduct' From Rep. Matt Manweller In Firing Him - Northwest Public Broadcasting 8/9 community service of the Edward R. Murrow College of Communication at Washington State University Box 642530 | Pullman 99164 E-Mail: info@nwpb.org | Phone: 1-800-842-8991 | Fax: 1-509-335-3772 Editorial Policy | Privacy Policy | Terms of Use 2/17/25, 1:59 Report Finds 'Pattern Of Unprofessional Conduct' From Rep. Matt Manweller In Firing Him - Northwest Public Broadcasting 9/9", "7272_105.pdf": "Former Washington state Rep. Matt Manweller has settled a wrongful termination lawsuit against Central Washington University for $155,000. Matt Manweller Editor's note: Video clip originally aired in August 2018 Former Washington state Rep. Matt Manweller has settled a wrongful termination lawsuit against his former employer, Central Washington University, for $155,000. Manweller had initially sought more than $2 million in damages. The settlement was filed last week in Kittitas County Superior Court. According to the stipulated judgment and order to pay did not admit any liability and will not pay Manweller's attorney fees, The Northwest News Network reported . The university fired Manweller in August following a workplace conduct investigation that concluded he had \"engaged in a pattern of unprofessional and inappropriate behavior\" with current and former female students over a 13-year period. Former state Rep. Manweller settles lawsuit with Central Washington University Credit: Washington State House Republicans Author: Associated Press Published: 7:12 April 2, 2019 Updated: 7:12 April 2, 2019 BREAKING: 1 killed in fire a Tacoma indoor shooting ra \uf110 00:00 / 01:08 \uf026 \uf064 \uf20a \uf013 \uf04b \uf0e2 \uf01e x 2/17/25, 1:59 Former state Rep. Manweller settles wrongful termination lawsuit against Central Washington University | king5.com 1/2 University vice president of public affairs Kremiere Jackson said the university accepted Manweller's offer to settle for $155,000 to protect the privacy of students and witnesses. \"We did not want our students to have to relive their experiences through pre-trial depositions and trial testimony,\" Jackson said in a statement. Manweller's attorney didn't immediately respond to an email requesting comment. In a text message, Manweller said a statement may be coming later. Manweller denied harassing or otherwise engaging with female students in an inappropriate manner. In response to the university investigation, Manweller called the allegations against him \"trivial\" and said there was nothing in the report for him to apologize for. However, in a December 2017 interview with the Northwest News Network and The News Tribune, Manweller acknowledged he might have been too casual or friendly or flirtatious with female students might have been,\" he said at the time. \"It wasn't my intent to ever cross any line, but clearly somebody's feelings were hurt and must bear some responsibility for that.\" Despite the allegations against him, Manweller, a Republican, was overwhelmingly re-elected to the Washington House in November. He had said if he was re-elected he would resign and resigned in January. During three terms in the House, Manweller rose to assistant floor leader and served as a committee chair. RELATED: Rep. Matt Manweller submits resignation letter amid sexual misconduct allegations ARTICLE... 2/17/25, 1:59 Former state Rep. Manweller settles wrongful termination lawsuit against Central Washington University | king5.com 2/2", "7272_106.pdf": "Rep. Matt Manweller sues Central Washington University after firing Sydney Brownstone August 17, 2018 / 3:10 pm Rep. Matt Manweller (R-Ellensburg), who is seeking a fourth term in the state legislature, is suing Central Washington University after the school fired the legislator following a workplace conduct investigation. Manweller was a tenured professor of political science before he was fired. In 2012 and 2013, Central Washington University investigated allegations that Manweller had sexually harassed female students as far back as 2006. The university did not substantiate the allegations or discipline Manweller in the first investigation, but a dean reprimanded Manweller following the second. Rep. Matt Manweller is suing Central Washington University for breach of contract. Washington Legislature Give Now Live Now On World Service Next: Morning Edition in 5 hours Schedule 2/17/25, 2:00 - Rep. Matt Manweller sues Central Washington University after firing 1/4 On Air Shows Manweller defended himself against the reprimand, and the university paid his attorney's fees. He was subsequently promoted to a tenured professorship. Last winter, Central Washington University placed Manweller on leave and launched a fresh investigation into his workplace conduct after news stories surfaced the previous allegations. The university hired Seattle attorney Trish Murphy of Northwest Workplace Law to complete the investigation report. This week, Manweller was fired. His lawsuit alleges that Central Washington University wrongfully fired him, and also lists Trish Murphy as a defendant. Manweller's claim accuses Murphy of failing to \"act in good faith as a fair and neutral investigator.\" After his firing, Manweller shot back at the university in a video posted to Facebook, calling the investigation politically motivated. In that video, Manweller said he had seen a copy of the report on the investigation into his behavior\u2014a report that the university has not yet released to the public. In a statement attached to his lawsuit, Manweller cited the 2012 investigation, payment from the university, and promotion as evidence that the university was attacking him for his views. Manweller accused the university of trying to \"silence my high-profile Republican voice on campus.\" \"Thousands of students have taken my political science classes where challenge them to think objectively, and approach politics from all sides, not just the left,\" Manweller's statement continued. \"Students do not always agree with me, but we have healthy, constructive debates. Clearly academic freedom has limits at Central when it comes to conservatives spokesperson for Central Washington University said the university could not comment on pending litigation, but said Trish Murphy's investigation report would be made available at the end of August. The university said this date is in accordance with public disclosure laws that require two-weeks notice to an employee for the release of personnel files. \"Dr. Manweller is of course free at any time to authorize the University\u2019s release of the report,\" Central Washington University public affairs vice president Kremiere Jackson said by email. Manweller told by email that he planned to authorize the release of the report \"sometime next week.\" Manweller's claim alleges breach of contract against the university, and intentional interference and professional negligence against Murphy. Murphy declined to comment on the litigation. Manweller is seeking more than $2 million worth of damages. Live Now On World Service Next: Morning Edition in 5 hours Schedule On Air Shows The Latest 2/17/25, 2:00 - Rep. Matt Manweller sues Central Washington University after firing 2/4 On Air Shows The Northwest News Network's Austin Jenkins contributed reporting. Sexual Assault And Harassment Washington State Legislature #Metoo Why you can trust Get Local Stories Delivered to your inbox daily, weekly, or monthly. Share your thoughts on this story Submit Do you feel more informed on this issue? * Do you believe multiple sides and perspectives were considered and represented fairly? * Did you hear perspectives that were similar to yours? * What questions do you still have about this story? What did we get right, and what could we have done better? * By checking this box, you agree to receive email communications from Puget Sound Public Radio. *All fields required Sydney Brownstone Sydney Brownstone is an investigative reporter at The Seattle Times. She previously covered homelessness in Seattle and was a Livingston Award finalist for her work on the podcast Outsiders. Brownstone hails from the world of alt-weeklies, where her reporting on sexual assault and sex work prompted the Washington Attorney General\u2019s first-ever consumer protection lawsuit on behalf of sex workers. More stories from Sydney Brownstone \u00bb Yes No Yes No Yes No Your first name * Your last name * Your email address * Live Now On World Service Next: Morning Edition in 5 hours Schedule On Air Shows The Latest 2/17/25, 2:00 - Rep. Matt Manweller sues Central Washington University after firing 3/4 On Air Shows Explore Newsletters is Seattle\u2019s news station. We are an independent, nonprofit news organization that produces award- winning journalism, innovative podcasts, engaging community events, and more. About About Contact Us / Feedback Secure News Tips Careers Impact Report Press Schedule (PDF) Support Support Donate / Become a Member Wills and Estate Planning Donate Your Car Gift of Securities Business Sponsorship Volunteer Corrections | Privacy Policy | Terms of Use Public File \u00a9 2025 News and Information - v3.16.1 is a 501(c)(3) tax-exempt nonprofit organization registered in the under 91\u20132079402 Live Now On World Service Next: Morning Edition in 5 hours Schedule On Air Shows The Latest 2/17/25, 2:00 - Rep. Matt Manweller sues Central Washington University after firing 4/4"} |
8,674 | Joseph Gorz | Michigan State University | [] | {} |
7,209 | Brian Richmond | American Museum of Natural History | [
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] | {"7209_101.pdf": "\uf007Michael Balter \uf01712/07/2016 04:04:00 Brian Richmond Home \uf054Brian Richmond, accused of sexual assault, resigns from AMNH, but still maintains his innocence. The fight against sexual misconduct goes on As many readers of this blog will know, Brian Richmond, the curator of human origins at the American Museum of Natural History (AMNH), is resigning his position effective December 31. According to communications Anne Canty, Richmond's resignation ends an investigation that began early this year into various allegations of sexual assault and harassment. But it should be clear to all that it was actually the investigation's findings that led to his resignation, which would not have been voluntary; in my original reporting on this case for Science last February, Richmond told me that he had been asked to resign in early December 2015 but had refused to do so will offer some personal reflections on this news below. But first want to comment on this ending to Richmond's career at and his reaction to it. An important point is that the museum's most recent investigation--the third it has conducted since late 2014--covered all of the allegations concerning Richmond, which include an alleged sexual assault on one of his coworkers and a long series of allegations of sexual harassment that go back at least a decade (the source of that statement is Canty herself, who made that clear to me when the third investigation began.) Some, but not all, of these episodes are detailed in my original Science piece. In addition to what appears there heard testimony from numerous other women about inappropriate sexual advances that Richmond had made to them; some of these witnesses also became part of the museum's broader investigation, which was carried out by Protection Resources in New York City. T&M, with the enormous resources made available to it by (estimates are in the hundreds of thousands of dollars) was able to talk to some sources was not, and by all accounts their inquiry was extremely thorough and professional. Thus there can be little doubt that Richmond would not be resigning at the end of this month had not confirmed, and expanded on, the incriminating evidence from my original investigation. In other words, the preponderance of the evidence must be that Richmond was guilty of repeated counts of sexual misconduct. In addition, the central charge, of sexual assault on a \"research assistant\" who worked with him at the museum, must also have been upheld. My own reporting produced very convincing evidence that this episode took place and that it was not consensual, as Richmond has always claimed. But amazingly, after two years of investigation and negative publicity leading to Richmond's resignation, he still appears unwilling to admit to any wrongdoing. Although communicated extensively with Richmond during the preparation of the Science story, he has not responded to me for many months now. However, he did provide a statement to my former Science colleague, Ann Gibbons, for the story she did on his resignation. As Ann reports: This week he told Science that the details of his departure are confidential and stressed that only one formal complaint had been lodged against him plan to focus on my family and the next steps in my career,\u201d he wrote in a statement, including \u201cto publish the outstanding discoveries that my colleagues, Brian Richmond, accused of sexual assault, resigns from AMNH, but still maintains his innocence. The fight against sexual misconduct goes on \uf099 \uf09a \uf0e1 Social Media The truth at last, or at le some of it, about Peter Rathjen, the of Adelaid the of Melbourne, the of Tasmania, etc. [Updat Sept 3, 2020: University Melbourne \"leader\" final speaks] Popular Posts StatCounter Search Search this site My book about Neolithic Catalhoyuk in Turkey and the origins of civilization, th paperback edition. For more informatio about it, please visit The Goddess and the Bull The Goddess and the Bull \"Lying is done with words and also with silence.\" --Adrienne Rich Quotes of the Moment 2/17/25, 2:00 Brian Richmond, accused of sexual assault, resigns from AMNH, but still maintains his innocence. The fight against sexual miscond\u2026 1/4 former students, and made.\u201d In other words, as Richmond (and his attorney) told me nearly a year ago, the fact that none of the other alleged victims of his sexual advances pressed formal charges means that their testimony does not count as evidence against him. But again, many of those alleged victims did talk to T&M. If Richmond was innocent, or if the charges could not be sustained, why is he resigning? That is a question he is apparently not willing to answer. The fact that Richmond still admits to no wrongdoing will, and should, have a significant negative impact on his future career. After the accusations began to become public, one of his colleagues told me that he had talked to Richmond about how he should handle the negative reaction he was getting from the anthropology community, which tended to believe the research assistant's charges-- largely because his prior pattern of behavior was already well known among many of them. This colleague suggested that Richmond should stop denying what everyone knew was true and begin to find a way to apologize for his behavior. But in my Science story, Richmond is quoted as only apologizing for \"consensual affairs,\" and not for any other aspects of his behavior, many of which constitute sexual harassment according to most definitions. Richmond would have done well to read an excellent piece by Janet Stemwedel, a philosopher of science at San Jose State University, entitled \"Advice for the Reformed Harasser on Rejoining the Scientific Community.\" Stemwedel provides a number of criteria by which we could even think about considering someone found guilty of sexual misconduct to have seen the error of their ways. They include \"Own what you did,\" \"Accept the descriptions of the harm you did given by those you harmed,\" \"Have your defenders stand down,\" and \"Don't demand anyone's trust.\" There are others, but so far it is clear that Brian Richmond has not adopted any of them also cite Stemwedel's brilliant article in my story about sexual misconduct at the Smithsonian Institution and Texas Tech University which appeared in The Verge in October; in that case, at least, the alleged aggressor did admit to two incidents he was involved in, although it did not save his position at the Smithsonian.) In Richmond's case, many members of the anthropology community tell me that he has virtually no chance of ever finding another job in academia. And while can't be entirely happy that the career of a talented researcher is now over, it seems clear that he has no one to blame but himself see no evidence that the has ever been out to get him in any way; indeed, the museum has long been criticized for having protected him despite the serious allegations, a subject discussed at length in my original story for Science. And, to paraphrase something Yale astronomer Meg Urry said to me last year, any sympathy that we might be tempted to have for fallen sexual harassers needs to be tempered by our compassion for the hundreds or thousands of women who have left science because they were being harassed by their advisors or other faculty would like to conclude with some brief personal thoughts have now spent more than a full year investigating sexual misconduct allegations. My stories have led to real and serious consequences for the alleged perpetrators. For me, they have been draining, depressing, insomnia-producing, not at all fun, and they have occasionally made people mad at me whom would normally not want to antagonize. Fortunately am not the only one doing these stories; as always want to acknowledge the pioneering role played by Azeen Ghorayshi of Buzzfeed, whose exposure of the Geoff Marcy case at Berkeley opened the doors wide open to this kind of reporting. They would not have been possible were it not for the courage of researchers, junior and senior, who stepped forward to help with my reporting have often had to protect the identities of the junior researchers, who still fear retaliation and other negative consequences for speaking out have even had to protect the identities of senior, tenured researchers who have less to fear, but who could still face consequences of various types. And some scientists have been brave enough to come out publicly; by doing so they have made a huge difference hope that as time goes on more will find the courage to do so. And also hope that media outlets, both scientific and general media, will assign more reporters to cover these issues, and make available the resources--time, money, and lawyers- -needed to carry out these investigations. Right now, there are too few reporters, and, unfortunately, too many stories yet to be done. \uf054 \uf054 \uf054 \uf054 \uf054 \uf054 \uf054 \uf054 \uf054 \uf054 \uf054 \uf054 \uf054 \uf054 \uf054 \uf054 \uf054 2024 2023 2022 2021 2020 2019 2018 2017 2016 2015 2014 2013 2012 2011 2010 2009 2008 Michael Balter View my complete profile About Me Enter your email address: Subscribe Delivered by FeedBurner Subscribe via email 2/17/25, 2:00 Brian Richmond, accused of sexual assault, resigns from AMNH, but still maintains his innocence. The fight against sexual miscond\u2026 2/4 1 Comments mrfearless47 said just hope that Richmond's severance package, which understood to be a year's salary, does not also include fringe benefits and contributions to his pension plan from AMNH. While Richmond probably won't be employable in academia, there is nothing stopping wealthy paleo-patrons from funding a private human evolution think tank, where Richmond can put together his own island of misfit toys hope this doesn't happen, but if it does hope those in foreign governments responsible for issuing excavation permits are pressured by the law-abiding paleoanthropology community to deny any requests for permits where Richmond might be involved directly or indirectly. Richmond's contributions aren't sufficient enough for the profession to permit him to continue in a private capacity. Also Richmond's arrogance, and his refusal to acknowledge his awful behavior and mistreatment of female colleagues is reprehensible. Keep up the pressure. December 8, 2016 at 1:41 Post a Comment Cancel my subscription Texas Tech biology faculty speak out on sexist remarks caught on video Posted by Michael Balter have been a working journalist for more than 40 years, beginning in Los Angeles as an investigative reporter and then in Paris as a travel, food, and science writer. For more than 20 years have covered anthropology and archaeology writer for Science, Audubon, Scientific American, SAPIENS, and other publications have also covered sexual misconduct for The Verge, Scientific American, and others write about mental health, especially schizophrenia; and engage in occasional media criticism returned to the in October 2017 after 30 years in Paris, and now live in the New York City area, where currently teach journalism at City College of New York previously taught journalism at Boston University and New York University.) For more about me and what do, copies of my articles, information about my book, and other goodies, please visit You may like these posts Sexual assaulter Peter Rathjen, the fired former Vice- Chancellor of the University of Adelaide, is back in Australian news. Sexual harassment in wildlife ecology: The case of Max Allen, University of Illinois Peruvian archaeologist and former culture minister Castillo, ejected from U.S. National Academy of Sciences for sexual harassment, sues Academy and its president for millions of dollars [Updated June 4, 2023: Judge grants defendants's motion for dismissal] Post a Comment 2/17/25, 2:00 Brian Richmond, accused of sexual assault, resigns from AMNH, but still maintains his innocence. The fight against sexual miscond\u2026 3/4 Copyright \u00a9 2025 Balter's Blog 2/17/25, 2:00 Brian Richmond, accused of sexual assault, resigns from AMNH, but still maintains his innocence. The fight against sexual miscond\u2026 4/4", "7209_102.pdf": "\uf007Michael Balter \uf0173/17/2016 03:16:00 Home reader's guide to my Science story on the allegations concerning Brian Richmond The following assumes that readers are familiar with my story about allegations of sexual misconduct against Brian Richmond, curator of human origins at the American Museum of Natural History in New York City. This story was published online on February 9 and in print in the February 12 issue of Science number of things were cut from the story due to length and legal issues. Many of them would have preferred to keep in, and there would have been room for them had the story run at six pages rather than five as had hoped. Although have carefully vetted what say here to be consistent with the guidelines we followed to avoid litigation as a result of the story take full responsibility for the content below and absolve Science, AAAS, and my editors at Science of any liability for it. Nevertheless, they were aware of these findings since they appeared in earlier drafts of my story and their accuracy was never questioned. Here are the salient points: . Richmond was not the search committee\u2019s first choice. There were two searches: The first resulted in the curator position being offered to a highly respected paleoanthropologist at the University of Tubingen in Germany. After about 8-9 months of negotiations, she turned it down for various reasons. Then there was a second search: Richmond was the search committee\u2019s third choice. The first choice, a popular African expert in human evolution based at a institution, was reportedly lowballed in the salary offer by science provost Mike Novacek because Novacek really wanted the second choice, a respected female anthropologist; she got a counter-offer at her university, so that left Richmond. This provides important possible insights into why Novacek protected Richmond when the allegations arose: Terminating him for the alleged sexual assault would have required yet another lengthy search and public embarrassment for the museum know who most of the European researchers were who were drinking with Richmond and the research assistant that night in September 2014. They are reluctant to come forward because of European laws against talking to the press about possible criminal allegations, but one did tell me anonymously that the research assistant was definitely drunk and thus incapacitated. Other evidence from these young researchers indicates that the research assistant could not find her AirBnB and that it was agreed among some of the group that Richmond would shelter her in his hotel. Richmond was her supervisor and it was assumed that he could be trusted to take care of her. Richmond confirms these details but insists that she was not so intoxicated that she could not have given consent to the encounter have been in direct contact with three friends of the research assistant whom she told what had happened in the first few days after her return to New York from Italy. They are referred to only very briefly in the article as confirming that she was telling the same basic story of what happened from the very beginning, even though one is on the record and provided a full page written account which she was willing to have published with her name attached to it. This account was cited in my original draft, together with this witness\u2019s name, but was cut from the final. The key point is that the research assistant apparently did remember the details after she woke up in Richmond\u2019s hotel room from the beginning, even if she had been too drunk to remember how she got there in the first place. There is other strong evidence that the research assistant did not change her story, as Richmond insists, which we had decided to keep in reserve in case of litigation reader's guide to my Science story on the allegations concerning Brian Richmond \uf099 \uf09a \uf0e1 Social Media The truth at last, or at le some of it, about Peter Rathjen, the of Adelaid the of Melbourne, the of Tasmania, etc. [Updat Sept 3, 2020: University Melbourne \"leader\" final speaks] Popular Posts StatCounter Search Search this site My book about Neolithic Catalhoyuk in Turkey and the origins of civilization, th paperback edition. For more informatio about it, please visit The Goddess and the Bull The Goddess and the Bull \"Lying is done with words and also with silence.\" --Adrienne Rich Quotes of the Moment 2/17/25, 2:00 reader's guide to my Science story on the allegations concerning Brian Richmond 1/3 4. On the Monday after the research assistant returned from Italy, her first day back at work at the museum, Richmond walked into her office and she confronted him, demanding to know what she was doing in his hotel room and what he had done to her. Richmond and the research assistant agree about the basic details of this confrontation. He explained to her that she could not find her AirBnB and he had made his hotel room available to her. Richmond told me in an email that he was \u201cstartled\u201d to hear that the research assistant did not remember the events that led to this. The research assistant later emailed a member of the group they had been with in Italy to ask what had happened that night, leading up to the incident in the hotel room. The research assistant says that there is a contradiction between Richmond saying that she was not too drunk to give consent and at the same time insisting that she did not remember the incident. This was an important point that did not make it into the final version either spoke or emailed with 11 people with whom Rhea Gordon was in contact for her investigation; most of them either experienced directly or witnessed directly what they claimed was inappropriate sexual behavior by Richmond in various settings. The three anonymous women in the story, who were at Koobi Fora, are just one part of that mention of the 11 people was cut from the story. Gordon was trying to see if there was a pattern of behavior, similar to what Bernard Wood was looking for in his investigation. This truncation of our account of Gordon\u2019s investigation deprived readers of additional evidence that the museum itself had apparently identified the same pattern of behavior beyond just the three anonymous Koobi Fora witnesses. . Richmond has a point about the distortion of due process by the museum began my investigation in early November 2015, and was officially assigned to do the story by Science on Nov 16. By Nov 30 had enough information to go to Anne Canty at the and ask for certain documents, interviews and other information, and presented her with my requests that day. Richmond says that he was asked to resign within the first few days of December, ie, almost immediately after they knew for sure what we were doing told Canty much of what we knew so that the museum would be as forthcoming and transparent as possible.) He declined to say who asked him to resign, but in a Dec 11 meeting of the anthropology division called by its chair, Laurel Kendall, Kendall told colleagues that Novacek had asked for the resignation. Her statement to the meeting is confirmed by three sources present at the time. This important reference to the meeting and Kendall\u2019s statements was cut from the final version. . To underscore what is implied above science provost Mike Novacek was making many of the decisions here, perhaps in some cases in collaboration with higher ups or with the museum\u2019s legal department, perhaps in some cases on his own. It might be a safe assumption that president Ellen Futter is now involved in all major decisions. Additional thoughts: My editors were rightly very concerned that our story be fully fair to Brian Richmond, a concern that completely shared and acted on during the entire time that was reporting the story aggressively pursued Richmond, urging him to tell his side of the story; and when he finally began to do that inserted as many comments as possible from him, focusing on his strongest arguments as is standard ethical journalistic practice. However, fairness is not achieved by cutting important information and context such that a story becomes a \"he says, she says\" account rather than a search for the truth. I'm sure that my editors will not agree, but in my view some of the cuts had that effect. Important additional information: All of the statements in this \"reader's guide,\" as in the original story in Science, are multiply sourced and based on sound reporting of the facts of the case Last word before exiting: My editors at @sciencemagazine pressured me to do something highly unethical on the Brian Richmond story Statement by @sciencemagazine Editor-in-Chief on my termination repeats non-explanation by @aaas \uf054 \uf054 \uf054 \uf054 \uf054 \uf054 \uf054 \uf054 \uf054 \uf054 \uf054 \uf054 \uf054 \uf054 \uf054 \uf054 \uf054 2024 2023 2022 2021 2020 2019 2018 2017 2016 2015 2014 2013 2012 2011 2010 2009 2008 Michael Balter View my complete profile About Me Enter your email address: Subscribe Delivered by FeedBurner Subscribe via email 2/17/25, 2:00 reader's guide to my Science story on the allegations concerning Brian Richmond 2/3 Copyright \u00a9 2025 Balter's Blog 2 Comments Anonymous said\u2026 Sorry to hear admit am always surprised by the variability in responses to sexual misconduct by academics. Have you ever thought of investigating the professor Horner at Montana State University perhaps using the Freedom of Information Act? He has married two of his students, one of which was only 19 at the time. There are numerous rumors of the university making special exceptions for him, of his inappropriate behavior around young women on his excavations, and even of sharing a tent with a young girl under the legal age. Where there is smoke there is fire and your courage could help many young women before the professor retires and such emails and communication are potentially lost. March 30, 2016 at 9:03 Madrid museum tours said\u2026 Really useful the information you are sharing, we work with the same material and it's a good opportunity to find solutions and share information just to keep improving, thanks for the help April 10, 2017 at 5:52 Post a Comment Posted by Michael Balter have been a working journalist for more than 40 years, beginning in Los Angeles as an investigative reporter and then in Paris as a travel, food, and science writer. For more than 20 years have covered anthropology and archaeology writer for Science, Audubon, Scientific American, SAPIENS, and other publications have also covered sexual misconduct for The Verge, Scientific American, and others write about mental health, especially schizophrenia; and engage in occasional media criticism returned to the in October 2017 after 30 years in Paris, and now live in the New York City area, where currently teach journalism at City College of New York previously taught journalism at Boston University and New York University.) For more about me and what do, copies of my articles, information about my book, and other goodies, please visit You may like these posts Peruvian archaeologist and former culture minister Castillo, ejected from U.S. National Academy of Sciences for sexual harassment, sues Academy and its president for millions of dollars [Updated June 4, 2023: Judge grants defendants's motion for dismissal] Bones claimed by disgraced Santa Barbara anthropologist Danielle Kurin to be those of a missing teenager turn out to be not human, but animal, most likely from a cow. Was a fraud perpetrated on a grieving mother and a traumatized community? [Updated Sept 22, 2022 real forensic anthropologist weighs in] Why did a leading #MeToo reporter subpoena a leading #MeToo advocate? [Updated June 22] Post a Comment 2/17/25, 2:00 reader's guide to my Science story on the allegations concerning Brian Richmond 3/3", "7209_103.pdf": "21, 2018 5 Leading Science Museum Turns the Page on a Prominent #MeToo Case More than three years after a high-profile male anthropologist at the American Museum of Natural History was accused of sexual misconduct, a respected female anthropologist will replace him The American Museum of Natural History. Getty Images Policy 2/17/25, 2:00 Leading Science Museum Turns the Page on a Prominent #MeToo Case | Scientific American 1/7 CITY\u2014For nearly a year and a half, one of the most important scientific posts at the American Museum of Natural History (AMNH) here went vacant: curator of biological anthropology, whose broad responsibilities include carrying out research in primatology and human origins as well as managing the museum\u2019s huge skeletal collection. The gap resulted from a long and tumultuous #MeToo saga that sent shock waves through the and the international anthropology community. But in late April the museum revealed it had, at last, filled the position. The hire has left researchers optimistic the institution\u2014and the field itself\u2014are finally taking sexual misconduct seriously. The position had been open since December 31, 2016, when the previous curator, paleoanthropologist Brian Richmond, resigned in the wake of sexual misconduct allegations. In November 2014 a research assistant whom Richmond directly supervised accused him of sexually assaulting her after a scientific meeting in Italy two months earlier. The museum conducted a total of three investigations into the allegations. The first investigation, conducted by the AMNH\u2019s head of human resources after the research assistant reported the alleged assault to his department, resulted in Richmond being removed as her supervisor and receiving a \u201czero tolerance\u201d warning. But he kept his job. The second was conducted by the museum\u2019s in-house legal team in spring 2015, soon after the research assistant spoke openly to colleagues about the encounter at a scientific meeting. It resulted in no additional action. Only the third investigation\u2014launched after the learned Science magazine was planning a story on the research assistant\u2019s assault accusations as well as on claims by female students Richmond had harassed them at a field school in Kenya\u2014ended with the curator\u2019s resignation at the end of 2016. 2/17/25, 2:00 Leading Science Museum Turns the Page on a Prominent #MeToo Case | Scientific American 2/7 Richmond has contended in previous statements the encounter with the research assistant was consensual, and has denied he harassed the students in Kenya. Neither Richmond nor New York City\u2013based lawyer Lance Gotko, his last known attorney of record in the misconduct case, responded to repeated requests for comment for this article. Ashley Hammond, an expert on the evolution of locomotion in great apes and early humans, will take up the post on June 1. Hammond, who has extensive experience excavating and studying primate fossils in Africa (especially Kenya), says she is excited about the new research opportunities this position will allow her to pursue\u2014including expanding the number of field sites at which she will be able to work. Other anthropologists are celebrating the news. \u201cIt\u2019s brilliant,\u201d says Rebecca Ackermann of the University of Cape Town in South Africa, who helped the museum in its investigations of Richmond and had raised an alarm about the accusations against him in the scientific community. \u201cThey hired a woman, and someone who has incredibly strong fieldwork in Africa.\u201d Hammond\u2019s hiring \u201cbreaks down a lot of barriers because there aren\u2019t many female-led teams doing work on the ground in Africa,\u201d she adds. \u201cIt\u2019s a really strong statement.\u201d Ackermann also thinks the museum has now begun to make fighting sexual harassment a stronger priority. \u201cThey are taking it seriously, and actively trying to make cultural changes and not just gloss over it,\u201d she says. Anthropologists have confronted allegations of sexual misconduct before.The #MeToo movement in anthropology did not begin with the Richmond case, but these accusations provided \u201can internal shock to our system,\u201d according to Susan Perkins, a microbiologist and president of the AMNH\u2019s scientific senate, 2/17/25, 2:00 Leading Science Museum Turns the Page on a Prominent #MeToo Case | Scientific American 3/7 which represents the research staff and advises the museum administration on research, exhibition and educational programs. In 2014 a team of anthropologists published a Survey of Academic Field Experiences, an anonymous online survey of researchers involved in fieldwork. In the study, as it was called, 64 percent of 658 respondents reported suffering some kind of sexual harassment. And the following year a spate of sexual harassment allegations at its annual meeting led the American Association of Physical Anthropologists (AAPA) to beef up the organization\u2019s code of ethics. \u201cWhen the Richmond allegations initially became widely known, the field was already at a heightened state of awareness,\u201d says David Strait of Washington University in Saint Louis, who had collaborated closely with Richmond. After the study was published he began distributing it to all his students, both male and female, although \u201cwe know that most of the victims of sexual misconduct are women and most abusers are men, meaning that sexual misconduct is fundamentally a problem with male behavior,\u201d he says. Nevertheless, the anthropology community has sometimes been divided over how to deal with misconduct within its ranks. One key issue has been how quickly researchers should dissociate themselves from accused colleagues. After the allegations against Richmond surfaced\u2014and especially after his resignation \u2014anthropologists debated behind the scenes whether his name should be removed from upcoming publications in which he had been involved. Some argued doing so would harm students and postdoctoral researchers who had worked on these projects; others countered it would send a clear message that abusers were no longer welcome in the anthropological community. At the same time some anthropologists have questioned the value of focusing on individual cases as opposed to concentrating on changing a scientific culture that has allowed misconduct to continue. Leslie Aiello, current 2/17/25, 2:00 Leading Science Museum Turns the Page on a Prominent #MeToo Case | Scientific American 4/7 president of the AAPA, sees the Richmond affair as \u201cold news,\u201d adding, \u201cwe learned from it, everybody agreed that accommodations had to be made and our awareness was raised.\u201d For Aiello, the important story is that the hiring of Hammond\u2014along with her husband, biological anthropologist Sergio Alm\u00e9cija, who will join the museum as a senior research scientist\u2014\u201cis bringing a young generation [of scientists] into an aging department,\u201d where many colleagues are close to retirement. Although the and the anthropology community have had to travel a rocky road to get to happier times, many researchers say the painful process was worth it in the end. \u201cFollowing the Richmond scenario we totally overhauled our harassment policy,\u201d Perkins says. In the past sexual harassment training at the museum consisted of watching \u201can outdated videotape,\u201d she says, adding there was a \u201ctone of lack of seriousness in how we treated the issue.\u201d Under the AMNH\u2019s new guidelines everyone hired at any staff level gets in-person harassment training. \u201cJust that in itself has been a major improvement,\u201d Perkins says. The museum declined to make its vice president of human resources, Dan Scheiner, (who is responsible for administering the harassment guidelines) available for an interview to discuss their implementation in detail. But in a statement provided to Scientific American spokesperson Kendra Snyder said that although \u201cmany of our current procedures were used previously\u2026we have standardized, clarified\u2014and perhaps most importantly\u2014broadly communicated\u2026the ways in which complaints are filed, investigated, and resolved. The Museum community is now well aware of what behaviors are prohibited and how to specifically report instances of harassment or other misconduct.\u201d 2/17/25, 2:00 Leading Science Museum Turns the Page on a Prominent #MeToo Case | Scientific American 5/7 Popular Stories As the turns the page on the Richmond case, some anthropologists are clearly breathing a sigh of relief. Says Carol Ward of the University of Missouri, Hammond\u2019s former Ph.D. supervisor think we are all glad to be able to focus on science and excellence is a freelance journalist, whose articles have appeared in Audubon, National Geographic and Science, among other publications. More by Michael Balter 14, 2025 Why Aren\u2019t We Losing Our Minds Over the Plastic in Our Brains? New research on microplastics in brains reminds us that while scientists compile safety data, our leaders should still act 13, 2025 Scientists React to RFK, Jr.\u2019s Confirmation as Secretary Robert F. Kennedy, Jr., has expressed support for some fields of science but has also declared he\u2019d like a \u201cbreak\u201d in infectious-disease research. Here\u2019s what he might do as the U.S.\u2019s newly confirmed secretary of health and human services 2/17/25, 2:00 Leading Science Museum Turns the Page on a Prominent #MeToo Case | Scientific American 6/7 14, 2025 Men Actually Crave Romantic Relationships More Than Women Do Multiple-study analysis looks at why men\u2019s emotional intimacy is much more difficult outside of romantic relationships 14, 2025 The Psychology of \u2018Shared Silence\u2019 in Couples The right kind of silence can be golden, revitalizing and strengthening a relationship 12, 2025 Trump Gives One Week to Decide on Abandoning Climate Pollution Regulation President Trump ordered Administrator Lee Zeldin to decide by next week whether the agency could abandon its authority to regulate climate pollution under the Clean Air Act 14, 2025 Trump Administration Starts Firing Energy Department and Other Employees The Department of Energy, Forest Service and Office of Personnel Management are among agencies that have begun firing staffers 2/17/25, 2:00 Leading Science Museum Turns the Page on a Prominent #MeToo Case | Scientific American 7/7", "7209_104.pdf": "Brian Richmond, a paleoanthropologist at the American Museum of Natural History who has been investigated three times for the same accusation of sexual misconduct, has resigned his post effective December 31st, according to the museum sexual misconduct case that rocked anthropology ends with resignation Brian Richmond leaves the American Museum of Natural History by Elizabeth Lopatto and Michael Balter Dec 5, 2016, 3:22 | / Comments 0 vagueonthehow Menu 2/17/25, 2:00 sexual misconduct case that rocked anthropology ends with resignation | The Verge 1/5 For the remainder of Richmond\u2019s time at the museum, he will continue to work offsite, as he has been required to do for the last year, according to a statement from Anne Canty, a spokeswoman for AMNH. He will receive a year of salary as his severance, in keeping with the policy for tenured curators. The museum has not yet begun the search for his replacement. Richmond did not immediately respond to emails requesting comment. As of February of this year, Richmond was the principal investigator or co-principal investigator on grants from the National Science Foundation that totaled more than $1 million. Richmond was the subject of a blockbuster investigation in Science magazine in February, which discussed several accusations against the paleoanthropologist. One of his employees publicly accused him of having sexually assaulted her during the final evening of a meeting on human origins in Florence, Italy. (Richmond claims in the Science article that the sexual contact was consensual.) An initial investigation resulted in him being removed as her supervisor. She later went public with her claims, which spawned a second investigation. This second investigation uncovered three undergraduates who say they\u2019d been groped by Richmond at a research site in Kenya, but the investigation concluded in June 2015 and no action was taken third investigation was opened in the wake of reporting from Science. \u201cThe investigation ended with Brian\u2019s resignation,\u201d said Canty, the spokeswoman, in an interview have an overwhelming sense of sadness, and some hope,\u201d wrote Bernard Wood, who mentored Richmond for 12 years at George Washington University, in an emailed statement to The Verge. After the accusations surfaced, Wood spoke to a number of current and former students about Richmond\u2019s behavior. He was instrumental in removing Richmond from a post at Koobi Fora Field School in Kenya, which is co-run by and the National Museums of Kenya, last year. \u201cThe investigation ended with Brian\u2019s resignation.\u201d Our news stories are free to read. To get all access to The Verge, subscribe now 2/17/25, 2:00 sexual misconduct case that rocked anthropology ends with resignation | The Verge 2/5 Wood wrote of being saddened by the \u201cindividual\u2019s alleged behavior\u201d and how it affected young women, particularly one who decided to leave the academy. Incidents like these are all too common in the sciences; numerous sexual harassment scandals have recently surfaced. Geoff Marcy, an astronomer at the University of California, Berkeley, resigned his position after he was found to have kissed and groped his female students. Jason Lieb, a molecular biologist at the University of Chicago, was said to have made unwanted sexual advances to graduate students; he also resigned. Caltech astronomer Christian Ott was suspended for harassment, a first in the university\u2019s history. Miguel Pinto, a bat researcher, was banned from the Smithsonian after admitting to groping a co- worker in a report by The Verge; Texas Tech is now investigating an alleged decades-long culture of sexual harassment in its biology department, also following a report by The Verge. However, Wood wrote, he is hopeful that \u201cthis episode, which is just one of too many examples of male entitlement, will mark a watershed in all our efforts to make the scientific workplace welcoming to all.\u201d 0 More in Science Google\u2019s Android-based earthquake detector had a false alarm 14 | 5 Climate group that called for \u2018free Palestine\u2019 stripped of federal funding 14 Our news stories are free to read. To get all access to The Verge, subscribe now. 2/17/25, 2:00 sexual misconduct case that rocked anthropology ends with resignation | The Verge 3/5 Top Stories The entire story of Twitter under Elon Musk 13 What\u2019s with the seizing \u2018gold bars 13 | 11 Blue Origin is laying off around 10 percent of workers 13 | 1 Elizabeth Holmes\u2019 bizarre campaign continues 12 | 37 BMW\u2019s next-gen EVs depend on an unassuming black box called \u2018Heart of Joy 16 Technics AZ100 earbuds review: audiophiles and multitaskers unite 15 treasure trove of comedy history 16 TikTok isn\u2019t out of the woods yet 14 While Waiting is a playful reminder of the joys of boredom 15 Small businesses are already feeling Trump\u2019s tariffs 14 Our news stories are free to read. To get all access to The Verge, subscribe now. 2/17/25, 2:00 sexual misconduct case that rocked anthropology ends with resignation | The Verge 4/5 Contact Tip Us Community Guidelines About Ethics Statement How We Rate and Review Products Manage Privacy Settings Terms of Use Privacy Notice Cookie Policy Licensing Accessibility Platform Status \u00a9 2025 Our news stories are free to read. To get all access to The Verge, subscribe now. 2/17/25, 2:00 sexual misconduct case that rocked anthropology ends with resignation | The Verge 5/5"} |
8,641 | Matti Kiupel | Michigan State University | [
"8641_101.pdf",
"8641_102.pdf",
"8641_103.pdf"
] | {"8641_101.pdf": "Take a peek behind the curtain and test drive the StateNews.com today! news / msu Vet Med professor files discrimination lawsuit against university Anish Topiwala August 5, 2024 The entrance to the College of Veterinary Medicine on Feb. 1, 2023. \u2014 Photo by Sonya Barlow | The State News professor filed a lawsuit against the university and several other individuals, claiming discrimination when he was removed as a head of the department. In 2017, Matti Kiupel, a tenured professor in the College of Veterinary Medicine, was suspended for two months for unwanted sexual contact and comments at a veterinary conference the year prior. He was then ordered to undergo sexual misconduct training and removed as section head for anatomic pathology, according to the Academic Sexual Misconduct Database. 2/17/25, 2:01 Vet Med professor files discrimination lawsuit against university - The State News 1/3 Veterinary Medicine professor Matti Kiupel. Kiupel was also subject to an investigation which began in December 2021 after he was accused of using sexual innuendo while teaching. According to the civil case complaint filed by Kiupel\u2019s legal defense, Kiupel claims he was not aware of any sexual meaning to his comments and did not intend them in a sexual nature. Following this, staff of the college, including former dean Birgit Puschner, began to impose sanctions against Kiupel, which have not been lifted since. Kiupel and his legal defense claims that the actions of these parties are a violation of his rights under Title of the Education Amendments of 1972, the Due Process and Equal Protection Clauses of the Fourteenth Amendment of the U.S. Constitution, Section 504 of the Rehabilitation Act, the Americans with Disabilities Act, and Title of the Civil Rights Act of 1964. Kiupel is diagnosed with autism spectrum disorder, and according to himself and his legal defense, his impairment limits his social communication and interaction. 2/17/25, 2:01 Vet Med professor files discrimination lawsuit against university - The State News 2/3 This causes Kiupel to have a lack of awareness of normal workplace rules, according to the civil case complaint form. The sanctions include, according to the civil case complaint form: work relating to teaching in-person and virtually to cease until the conclusion of the case, direct communication with residents and graduate students to be forbidden, access to the Veterinary Diagnostic Laboratory as well as the College of Veterinary Medicine to be restricted until further notice. The civil case complaint also alleges that Kiupel was kept in the dark while these sanctions were being imposed, with explanations for them not being given for months. As a result of these sanctions that progressed through the following years, Kiupel has filed a lawsuit against the following parties: Michigan State University. Michigan State University Board of Trustees. Teresa K. Woodruff, interim president of the university at the time of these events. Birgit Puschner, former dean of the college of veterinary medicine. Dalen W. Agnew, professor and chair of the department at the college of veterinary medicine. Kimberly Dodd, director of the Veterinary Diagnostic Laboratory. Nicole J. Schmidtke, Title coordinator in the Office of Institutional Equity at the time of these events. Douglas Freeman, interim dean of the college of veterinary medicine. Kathyann Lewless, director of MSU\u2019s Offices of Academic HR. Thomas K. Jeitschko, senior associate provost at MSU. Kiupel seeks damages and injunctive relief including removal of placed sanctions, expunging of his disciplinary records, to destroy of all documents and records from his personal file concerning the allegations and any related investigations, reinstatement of his rights and responsibilities as a tenured professor and a declaration that he did not commit sexual harassment and violate MSU\u2019s policy spokesperson Mark Bullion said the university has no comment on the lawsuit at this time. Kiupel\u2019s legal defense was not available for comment at the time of publication. search... sections news sports spotlight opinion classifieds obituaries quick links about advertise board of directors photo reprints privacy policy corrections & archives student positions social alumni contact us email newsletter All Content \u00a9 2025 State News, Inc. Powered by Solutions by The State News. 2/17/25, 2:01 Vet Med professor files discrimination lawsuit against university - The State News 3/3", "8641_102.pdf": "Veterinary school dean resigns over MSU's handling of sexual misconduct complaints Published 3:52 p.m March 3, 2023 Key Points Birgit Puschner joined the College of Veterinary Medicine in 2018 during the fallout of Larry Nassar She had sought to create a safe and supportive environment for everyone at the college. Two college employees remain employed since following their investigations and punishments. One retired before investigation ended \u2014 The dean of Michigan State University's College of Veterinary Medicine resigned this week, citing frustrations with how the university handles and responds to sexual harassment and assault. Birgit Puschner announced her resignation Monday in an email to interns, faculty and staff at the veterinary school, saying she could no longer, \"in good conscience,\" lead the school due to dissatisfaction with how the university \"creates a supportive and respectful atmosphere,\" she wrote. She said she joined the school about five years ago as was working to create a new campus climate in the wake of the Larry Nassar scandal saw the potential of what and were building and, although it was still in the coping and acknowledging phase following the Nassar tragedy decided to join the team,\" she wrote. \"When joined the CVM, one of my priorities was to create a safe and supportive environment for work and study. We live in a time when people are increasingly comfortable Krystal Nurse Lansing State Journal 2/17/25, 2:01 Vet school dean resigns over MSU's handling of sexual misconduct complaints 1/4 reporting experiences of harassment, discrimination, or sexual assault, whether recent or in the past. As people seek justice for these wrongs, they rely on appropriate and professional case management as well as transparency and fairness of the investigative process so that they may find closure or the justice that is deserved. In my college, heroic current and former individuals were forthcoming despite the risk to their academic standing or career. \"Sadly am disheartened by MSU's approach to creating a supportive and respectful atmosphere for students, faculty, staff, and guests of all backgrounds. After years of all- consuming work came to the conclusion that cannot, in good conscience, continue in my current role as Dean. The lack of success in holding individuals accountable for the hurt they have caused to others troubles me and crosses the boundaries of my professional ethics and personal integrity and morals needs rapid and sustained progress in this regard to minimize any future harm to individuals, and to retain talent.\" Her resignation is effective March 31 and she said she will return to the school's faculty. Interim Provost Thomas Jetischko in a statement Thursday didn't address Puschner's concerns with MSU's Office of Institutional Equity, the university's investigative arm in misconduct and civil rights violations, and how it has handled Title complaints. He did say she and the veterinary college have been involved a strategic plan since 2021 to \"learn, discover, heal and protect.\" An Investigation: Despite warnings, multiple reports of sexual misconduct, faculty remain employed at have enjoyed working alongside Birgit since her arrival to in 2018,\" he wrote. \"Her impact at has been tremendous, helping the college become a destination for teaching, innovation, care, and service. Under her leadership, the college forged a partnership with the Detroit International Academy for Young Women to meet the growing need for veterinarians in the United States 2021 Lansing State Journal investigation into sexual misconduct at revealed at least 49 faculty and staff have been found in violation of school policy since 2015. Offenses include making unwanted sexual contact, stalking or sexually harassing students or co- workers. One of those was veterinary medicine professor Matti Kiupel, who had a pattern of making sexual advances toward young women, university investigators determined. He used his 2/17/25, 2:01 Vet school dean resigns over MSU's handling of sexual misconduct complaints 2/4 status to gain trust, according to university records, then isolated the women for sexual advances. In August of 2017, Kiupel was suspended for two months for unwelcome sexual contact and comments at a veterinary conference in December 2016. He also had to partake in one-on- one sexual misconduct training and was removed from his position as section head of anatomic pathology. Kiupel didn\u2019t comment to the State Journal at the time, but told the he didn\u2019t believe he engaged in any misconduct, but it \u2018greatly saddens me that made [redacted] feel uncomfortable. For this am truly sorry,\u2019\u201d according to the report. \u201c[Kiupel] stated the complainant has caused him to undertake a great deal of self-reflection personally and professionally.\u201d More professor resigns in lieu of being fired after sexually harassing students Investigators determined \u201c[Kiupel\u2019s] continued exposure to residents and any representation on behalf of and financed by should be carefully and thoughtfully considered.\u201d Kiupel is a professor in the Department of Pathobiology and Diagnostic Investigation in the veterinary school, according to MSU\u2019s website. Puschner sought to create a more safe and supportive environment at the college following the Nassar fallout for everyone in the college. She noted that \"heroic\" former and current people at the college sought justice, knowing the risks of their academic and professional careers. \"As people seek justice for these wrongs, they rely on appropriate and professional case management as well as transparency and fairness of the investigative process so that they may find closure or the justice that is deserved,\" Puschner wrote. She will provide toxicology services and be a mentor for residency students, among other roles as a faculty member feel able to make this decision because there is an incredible leadership team in place at that can continue in my stead,\" she wrote. \"For all the CVMers I\u2019ve had the privilege to work with, you have done so much to make this college better over the years.\" Support local journalism and get unlimited digital access! Subscribe for only $1 for three months! 2/17/25, 2:01 Vet school dean resigns over MSU's handling of sexual misconduct complaints 3/4 Contact reporter Krystal Nurse at 517-267-1344 or knurse@lsj.com. Follow her on Twitter @KrystalRNurse. 2/17/25, 2:01 Vet school dean resigns over MSU's handling of sexual misconduct complaints 4/4", "8641_103.pdf": "dean resigns citing school's mishandling of sexual misconduct Public Media | By Michelle Jokisch Polo Published March 7, 2023 at 4:11 Amanda Barberena Last week, the dean of the College of Veterinary Medicine, Birgit Puschner, notified university officials she would be stepping down from the position and returning to faculty at the end of the month. In an email to administration, Puschner wrote she cannot continue in the role because of the university\u2019s lack of success in holding individuals accountable for sexual misconduct complaints. \"We live in a time when people are increasingly comfortable reporting experiences of harassment, discrimination, or sexual assault, whether recent or in the past,\" she wrote. \"Sadly am disheartened by MSU's approach to creating a supportive and respectful atmosphere for students, faculty, staff, and guests of all backgrounds.\" She also said needs rapid and sustained progress to minimize future harm and to retain talent Symphony No. 2 Zdenek Fibich 2/17/25, 2:01 dean resigns citing school's mishandling of sexual misconduct Public Media 1/4 \"The lack of success in holding individuals accountable for the hurt they have caused to others troubles me and crosses the boundaries of my professional ethics and personal integrity and morals,\" Puschner stated in her email. Puschner did not respond to a request for comment. According to The Academic Sexual Misconduct Database, an open source database that tracks public cases of academic sexual misconduct, there have been three investigations of sexual misconduct on several faculty members of MSU's veterinary school. The most recent took place in 2017, involving professor Matti Kiupel. According to the database, Kiupel was suspended for two months for unwelcome sexual contact and comments made at a veterinary conference in December 2016. He also had to partake in one-on-one sexual misconduct training and was removed from his position as section head of anatomic pathology. Kiupel remains employed at the university request for comment from Kiupel went unanswered. In a statement Interim Provost Thomas Jeitschko praised Puschner and the work she\u2019s done at the college since her arrival in 2018. \"Through the work of Birgit and her team has been engaged in a comprehensive strategic plan since 2021 focused on a mission to learn, discover, heal, and protect,\" he wrote. He didn\u2019t make any mention of Puschner\u2019s claims of mishandled misconduct complaints. Under Puschner\u2019s leadership, the college has ranked as one of the best veterinary schools in the country. Tags News Michigan State University Michigan State University's College of Veterinary Medicine sexual misconduct Title Title Investigation Symphony No. 2 Zdenek Fibich 2/17/25, 2:01 dean resigns citing school's mishandling of sexual misconduct Public Media 2/4 With new leaders shaping policies in Michigan and Washington remains committed to providing trusted coverage of the changes that impact you. Your support keeps this vital news freely accessible to our community. Donate today to power the reliable journalism you value \u00a9 2025 Michigan State University Board of Trustees Contact Us Directions and Map Employment Privacy Policy Notice of Nondiscrimination Public File Applications Michelle Jokisch Polo As WKAR's Bilingual Latinx Stories Reporter, Michelle reports in both English and Spanish on stories affecting Michigan's Latinx community. See stories by Michelle Jokisch Polo Symphony No. 2 Zdenek Fibich 2/17/25, 2:01 dean resigns citing school's mishandling of sexual misconduct Public Media 3/4 Symphony No. 2 Zdenek Fibich 2/17/25, 2:01 dean resigns citing school's mishandling of sexual misconduct Public Media 4/4"} |
9,043 | Richard Brunson | University of Wisconsin – Stevens Point | [
"9043_101.pdf"
] | {"9043_101.pdf": "UW-Marshfield Conducts Probe on Professor Orchestra professor quits job amid sexual harassment claims Kaz Bresnan, Chief Copy Editor | February 21, 2024 Richard Brunson quit his position as an associate professor at UW-Stevens Point in Marshfield in 2022 amid an investigation into his professional conduct with students. The probe into Brunson\u2019s conduct eventually obtained private messages sent between Brunson and several of his students. In these messages, Brunson had repeatedly made sexual remarks about masturbation. Additionally, documents also detailed an occasion where Brunson hugged a student and \u201cgrabbed him by the back of the head/neck and pulled him in and kissed him on the lips.\u201d Monday, Feb. 17, 2025 \uf39e \uf16d \ue61b \uf167 \uf09e Search \uf002 Home News Features Opinions Visuals Sports Antagonist Raven About Abigail Shimniok Prior to the 2022 investigation, Brunson had been disciplined in 2018 by UW-Stevens Point after he inappropriately touched a student. Following this incident he was made to undergo sexual harassment prevention training. The probe concluded that Brunson exhibited a \u201cpattern of inappropriate sexual behavior\u201d throughout his tenure. After Brunson quit, he began working in the Medford Area Public School District, but was asked to resign shortly after due to legal counsel recommending the district to request public records \u201cabout the resignation and Board (of Regents) action if they wished.\u201d Brunson sued UW-Marshfield, citing that the university overstepped by reaching out to the Medford Area Public School District. This lawsuit made his public records harder to obtain, which is the main cause of controversy following his most recent firing at Goshen College in Indiana. Goshen College hired Brunson in July 2023. The chair of Goshen\u2019s music department had reached out to UW-Stevens Point in Marshfield regarding Brunson. The University was unable to provide the evidence detailed in the investigation into Brunson\u2019s inappropriate conduct due to the litigation. In Aug. 2023, the litigation was resolved, and UW-Stevens Point provided Goshen with the case number, which detailed the sexual harassment allegations against Brunson. In Feb., Milwaukee Journal Sentinel detailed Brunson\u2019s resignation and subsequent litigation. Brunson was placed on leave by Goshen University and fired six days later. Goshen Vice President Jodi Beyler was asked following Brunson\u2019s termination why nobody had read the court documents provided to Goshen regarding Brunson\u2019s conduct. Beyler responded to requests for comment by stating that she did not, \u201chave an answer for you on that would just say hindsight is 20/20,\u201d Beyler stated. \u201cit\u2019s a complicated situation.\u201d Leave a Comment Professors uw-marshfield \u00a9 2025 The Exponent Pro WordPress Theme by \u2022 Log in Exponent The student news site of University of Wisconsin-Platteville. \uf39e \uf16d \ue61b\uf167\uf09e"} |
7,347 | James Feldkamp | George Mason University | [
"7347_101.pdf"
] | {"7347_101.pdf": "Ex-George Mason Professor Accused of Secretly Recording Sex With Student Published January 17, 2017 George Mason University professor \u2013 and former Navy commander and special agent \u2013 allegedly secretly recorded a sexual encounter with a student, according to Arlington Police. Adjunct Professor James Feldkamp, 53, had a consenting sexual relationship with the student, but she never consented to him recording their encounters, police said George Mason University professor was arrested in Virginia for secretly videotaping himself involved in sex acts with a student. He\u2019s charged with a misdemeanor. Professor James Feldkamp was arrested last year. The incident allegedly occurred in September 2016 News 4\u2019s Meagan Fitzgerald reports Watch News 24/7 \ud83c\udfdb Trump Administration \u2614 Storm Team4 Forecast \ud83d\udea8Potomac Crash \ud83d\udce8 N\u2026 2/17/25, 2:01 Ex-George Mason Professor Accused of Secretly Recording Sex With Student \u2013 NBC4 Washington 1/3 In September, the student saw a camera inside Feldkamp\u2019s apartment in the 3000 block of South Randolph Street and viewed video of them having sex. He downplayed the recording like it wasn\u2019t a big deal, and she contacted police the next day. \"We got a search warrant and found one encounter with the woman in the camera,\" said Ashley Savage of Arlington Police. Police arrested Feldkamp in November after several weeks building a case. Feldkamp met the student on campus, but she wasn\u2019t one of his students at the time of the incident, Savage said. Local Washington, D.C., Maryland and Virginia local news, events and information Vigil honors fallen Sterling volunteer fi\ufb01refi\ufb01ghter one year later Trump administration cuts reach employees in food safety, medical devices and tobacco products Feldkamp worked at for the past eight years, teaching a specialty course on the theory and practice of terrorism, but a university spokesperson said he doesn't work there anymore. The university is cooperating with the investigation. Feldkamp has not returned requests for comment. 2 9 2/17/25, 2:01 Ex-George Mason Professor Accused of Secretly Recording Sex With Student \u2013 NBC4 Washington 2/3 Weather Forecast 35\u00b0 Partly Cloudy 0.65% 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 2/17/25, 2:01 Ex-George Mason Professor Accused of Secretly Recording Sex With Student \u2013 NBC4 Washington 3/3"} |
8,331 | Nilesh Gaikwad | University of California – Davis | [
"8331_101.pdf",
"8331_102.pdf"
] | {"8331_101.pdf": "Documents reveal 19 substantiated cases of employee sexual misconduct at Davis between 2016\u201318 In some cases, harassment, assault spans months or even years CW: Sexual assault, violence, harassment Last fall Davis officials from Strategic Communications sent The California Aggie a total of 19 cases representing all substantiated complaints of Davis employees found to be in violation of the Sexual Violence and Sexual Harassment (SVSH) Policy between the time period of 2016\u201318. The case reports and summaries totalled just under 700 pages and each case report was heavily redacted. The Aggie spoke with university officials in the Strategic Communications and the Public Records Office as well as the university\u2019s Title officer in relation to the cases and combed through each and every page to summarize the findings of each case. These documents were released upon the submission of a public records request for Title documents from at least six news media outlets. Instead of releasing the documents publicly itself on the Davis website, for instance, the Director of News and Media Relations Melissa Blouin said the university decided to send the documents to The Aggie as a courtesy while also responding to the parties that submitted the initial request. Each case includes a \u201crespondent,\u201d the accused, and either one or multiple \u201ccomplainants,\u201d the accuser(s). The names of the respondents in the initially-released 14 cases were redacted, but the names of the respondents in the last five cases were included. The university investigator assigned to each case also interviewed witnesses with relevant knowledge of the situations at hand. 2/17/25, 2:03 Documents reveal 19 substantiated cases of employee sexual misconduct at Davis between 2016\u201318 - The Aggie 1/23 Even in cases of misconduct substantiated by university findings, if the respondent is not a \u201chigh-level public official or does not hold a special position of trust in relation to the complainant,\u201d disclosing their identity would \u201cconstitute an unwarranted invasion of personal privacy,\u201d according to the media response letter from the university sent alongside the cases. In most, if not all, of these cases, the respondents repeatedly downplayed and defended their actions, sometimes claiming that cultural differences were an explanation for their behavior \u2014 such as in the case of former Food and Sensory Science Professor Michael O\u2019Mahony who was found to have engaged in a pattern of misconduct and said Americans don\u2019t \u201cget\u201d irony when asked about his actions, or in the case of current Symphony Conductor Christian Baldini who claimed his misconduct toward a student was the result of his Argentinian heritage or of an unnamed male professor who said his kiss on the cheek of a female student could be chalked up to custom. Additionally, the complainants in these cases frequently expressed fear of retaliation if they reported. The timeframe of harassment reported by the complainants ranged from one incident to months or even years of misconduct. Wendi Delmendo, the Davis chief compliance and Title officer, said the university is participating in outreach efforts and has the Center for Advocacy, Resources and Education as a means to help campus community members feel safe coming forward to talk about sexual harassment or assault. In the 2016\u201317 year, the university received 105 reports of sexual violence while in the 2017\u201318 year, there was a total of 344 complaints sexual harassment, sexual violence or other prohibited behavior resolved through informal resolutions or formal investigations. Corrective action for each respondent was determined on a case-by-case basis. While some individuals who violated policy were terminated from their position or resigned in lieu of intended termination, others received lesser actions, such as in case 170215 in which a respondent who was found to have harassed a co-worker from 2013\u201317 received a 15-day suspension without pay. Delmendo said corrective action is influenced by different policies that relate to staff members versus faculty members and whether the employees are union or non-union members. During this specific 2016\u201318 time period, there were also policy changes stemming from legal developments as well as a systemwide consultations. When asked how she thought the release of these cases would impact the university\u2019s image, Delmendo said she hoped the impact would be positive, \u201cto show the university takes these things seriously, and when we receive these reports we look into them and when they are substantiated we take corrective action.\u201d The following are 19 different cases in which complaints brought against Davis employees between 2016\u20132018 concerning sexual harassment, assault and/or violence were found to be substantiated through a university investigation. The Aggie has summarized each report for length and clarity. All of the quotes are taken from official case documents. Each case no. is hyperlinked with the entirety of the official case document as released by the university to The Aggie. Professor\u2019s 30-plus years of misconduct Case No.: 160142 Respondent: Professor Michael O\u2019Mahony \ue809 2/17/25, 2:03 Documents reveal 19 substantiated cases of employee sexual misconduct at Davis between 2016\u201318 - The Aggie 2/23 Outcome: Resigned in lieu of intended termination Michael O\u2019Mahony, a professor at Davis, was alleged of three violations of university policy, with the first allegation being substantiated as a violation of both policy and of the Faculty Code of Conduct. The university substantiated the allegation that O\u2019Mahony had made \u201can unwelcome and demeaning comment of a sexual nature\u201d to a graduate student in April of 2016. According to several sources interviewed in relation to the investigation, O\u2019Mahony had a well-known reputation and history of saying \u201cpolitically incorrect\u201d comments, \u201cdating back to at least the late 1980s.One source stated that a female friend had requested their presence at a meeting with O\u2019Mahony in the early 80s \u201cbecause she was uncomfortable with things he had said to her.\u201d O\u2019Mahony had a well-known reputation and history of saying \u201cpolitically incorrect\u201d comments, \u201cdating back to at least the late 1980s. \u201cThere is a long history of complaints regarding O\u2019Mahony\u2019s conduct and previous substantiated allegations of sexual harassment, indicating a pattern,\u201d the university concluded. \u201cHis behavior demonstrates either an inability or unwillingness to cease introducing subjects of a sexual nature into his interactions with students.\u201d The earliest sexual harassment complaints filed against O\u2019Mahony appear to be from 2007, during which time he reportedly passed around pornographic cartoons in a class he was teaching. In 2011, he made a comment alluding to students offering up sex in return for better grades. In 2013, he was found to have sexually harassed a staff member, leading to a temporary reduction in his salary. That same year, he made a student uncomfortable after calling her \u201cgorgeous\u201d and \u201cexotic.\u201d Also in 2013, he made a comment insinuating that students \u201cput out\u201d for good grades. He was counseled in 2016 after an allegation regarding inappropriate touching. As a result of the investigation, O\u2019Mahony resigned in lieu of termination on Feb. 28, 2017. Professor sexually harassed student, later threatened her Case No.: 160045 Respondent: Professor Nilesh Gaikwad Outcome: Resigned in lieu of intended termination The complainant in this case is a graduate student who received unwanted comments about her appearance, unwanted gifts and a hug and kiss on the cheek from Nilesh Gaikwad, a former Davis nutrition and environmental toxicology associate professor, whose lab she worked in. The student was retaliated against when she returned the gift to Gaikwad \u2014 she underwent private and public criticism, received threatening comments and had her projects assigned to other people. \ue809 2/17/25, 2:03 Documents reveal 19 substantiated cases of employee sexual misconduct at Davis between 2016\u201318 - The Aggie 3/23 The sexual harassment began in 2015 with an invasion of personal space \u2014 Gaikwad reached over the student and used her computer mouse with her hand still on it. Gaikwad disputed this account, instead saying it was the student who was inappropriately close to him on multiple occasions and who touched him inappropriately. Gaikwad wrote in an unspecified letter that the student \u201cis cute,\u201d and later denied that he wrote this. The student said Gaikwad inappropriately hugged her, pressed his body against hers and held her for an extended period of time. She was later gifted a purse containing chocolates from Gaikwad, which she later returned to him through a co- worker. The co-worker placed it on Gaikwad\u2019s desk with a note saying the student \u201cfelt it was inappropriate\u201d and requested that he \u201crespect her personal space.\u201d Gaikwad then crumpled the note and threw both it and the purse into the trash. Gaikwad denied ever giving the student a gift, claiming that he bought the purse on clearance, had it lying around in his car and said the student misinterpreted the gesture as a gift. After this, there was another incident in which the student described being forcefully hugged and restrained by Gaikwad while the two were both working on a piece of broken lab equipment. \u201cHe held on to me put my arms down and tried to get away but he would not let go, as was trying to get away and pulling back, he pulled in and kissed my cheek,\u201d the complainant said in the case report felt disgusted, uncomfortable and realized that he was definitely not hugging me professionally.\u201d Gaikwad denied this account, saying he \u201cwas sweating and does not see how she could view the hug as romantic.\u201d He wrote in a response to the complainant that it was customary to give someone you know well a kiss on the cheek when hugging them. The student also described a final incident where Gaikwad showed her a PowerPoint slide which contained the word \u201cCuTe.\u201d He dismissed this, saying he was showing her an organization\u2019s promotional material. Gaikwad was found to have engaged in unwanted sexual conduct and it was found that the workplace became \u201cintimidating and offensive as a result of\u201d his actions. It was also found that Gaikwad\u2019s actions after all of the alleged harassment took place constituted retaliation, such as when he publicly criticized her in a lab meeting. Gaikwad was found to have violated the Faculty Code of Conduct and University Sexual Harassment policies. While what appears to be Gaikwad\u2019s professional website claims that he \u201cleft his tenure track professor position at Davis to start worlds (sic) first steroidomics company,\u201d he actually resigned from his position in lieu of intended termination. Four employees report postdoc for unwelcome sexual misconduct Case No.: 170080 Respondent: George Chenaux, former postdoctoral researcher Outcome: Early termination \ue809 2/17/25, 2:03 Documents reveal 19 substantiated cases of employee sexual misconduct at Davis between 2016\u201318 - The Aggie 4/23 Four employees came forward in February of 2017 to report \u201cunwelcome conduct of a sexual nature\u201d from George Chenaux, a former postdoctoral researcher at Davis, occurring over the prior 18-month period. The university substantiated allegations from three of the complainants, but one of the substantiated allegations was found not to be in violation of policy. \u201cComplainant 2\u201d reported that Chenaux pushed the complainant against a wall and rubbed his body against hers. He only stopped once she elbowed him in the face. \u201cComplainant 3,\u201d a different individual in the case, described Chenaux as her superior, reported that he frequently touched her without her consent over a period of 18 months despite being told not to on numerous occasions. He only stopped once she elbowed him in the face. Complainant 2 also described Chenaux as more senior than her and a fellow colleague whom she has a strictly professional relationship with. In January of 2016, however, at a celebratory event, Chenaux was drinking in excess and began touching her inappropriately little while later, after the complainant purposefully evaded Chenaux, he found her, pressed her against a wall and grinded on her. She told him to stop, but eventually had to use force to get him to move away. Complainant 3 said Chenaux would frequently place his hands on her hips and physically move her to the side instead of asking her to move. Though she asked him to stop, he would just laugh in response. On one occasion, Chenaux requested to speak with Complainant 3 alone. Though she did not feel comfortable doing so, she felt she had to speak with him because he was her superior. Chenaux accused her of turning him in and became \u201cvery hostile\u201d and \u201cberated her.\u201d She left this meeting in tears. \u201cIt was an obvious and brazen move to intimidate me and make me feel silent,\u201d she said in the report. Ultimately, University Investigator Carl L. Reed concluded Chenaux committed sexual violence against Complainant 2 and sexually harassed Complainant 3. Chenaux was subject to a termination of his postdoc appointment earlier than the previously-intended termination of his position. Six employees report colleague for misconduct at Davis hospital Case No.: 170385 Respondent: Clinical Nurse Antonio Martinez Outcome: Resigned in lieu of intended termination This case involves six complainants who alleged their coworker, Antonio Martinez, a clinical nurse, engaged in unwelcome behavior while they worked together at Davis hospital. In September of 2017, \u201cComplainant 4\u201d informed a manager that Martinez had touched her inappropriately on a number of occasions. After an official from Harassment & Discrimination Assistance and Prevention Program (HDAPP) followed up with the managers of the employees in this case, six complainants emerged. \ue809 2/17/25, 2:03 Documents reveal 19 substantiated cases of employee sexual misconduct at Davis between 2016\u201318 - The Aggie 5/23 All six of the complainant\u2019s reports were substantiated and a university investigator determined that the reports given by Complainants 3, 4, 5 and 6 of Martinez\u2019s behavior violated policy. Martinez engaged in inappropriate touching, unwelcome physical conduct, along with invading personal space and using inappropriate and unwelcome language of a sexual nature. \u201cComplainant 3\u201d said at first she thought Martinez\u2019s constant attention was nice \u2014 he walked her to her car, offered to pay for meals and brought her blankets so she could take a nap \u2014 but she soon became uncomfortable and began parking farther away so he wouldn\u2019t follow her out to her car. She told Martinez to stop because it was making her uncomfortable, but he laughed in response as if \u201cit was all a joke.\u201d Between 2008\u201310, Complainant 3 said this behavior occurred on a daily basis. \u201cThe more she told him to stop, the more [he] seemed to touch her,\u201d the case states. In 2012, Complainant 3 moved to a managerial position. Around 2016, Martinez was banned from working on the complainant\u2019s unit \u201cbecause of his conduct towards women co-workers.\u201d She believed Martinez targeted a specific group of women \u2014 she, along with Complainant 1 and 2, are all young, married women. Complainant 3 also said Martinez is known as \u201cthe pervert\u201d at work and is around 60 years old although he tells people he is 35. Complainant 3 also said Martinez mentioned a previous sexual harassment case lodged against him which his lawyer took care of. The university investigator asked Martinez about a previous sexual harassment case during the investigation. He denied anything of the sort, even after he was shown an official Letter of Counseling and Letter of Warning concerning his sexual harassment of another individual who was not one of the six complainants in this case. He denied ever being told \u201cthere is no touching in the workplace\u201d and said he did not recall being told by the sexual harassment analyst not to engage in behaviors such as \u201ctickling, massages and hugging.\u201d Complainant 4, 5 and 6 said after they began to fully rebuff Martinez\u2019s advancements, he began completely ignoring them at work. Martinez, a senior nurse, would no longer offer either his expertise or help at work, and became hostile and aggressive and encouraged others to reprimand them. Complainant 5 stated that Martinez cornered her in an unconscious patient\u2019s room and slapped her butt. After a complaint against Martinez was filed by the complainants in this case, he continued working during the investigation. This made many of the complainants uncomfortable to the point of missing work to avoid him. \u201cThe fact that [he] is still working is preposterous,\u201d Complainant 4 told university investigators don\u2019t know that would have made the decision to come forward knowing what know now.\u201d Complainant 5, also upset with the way the case had been handled \u2014 and the fact she still had to work with Martinez \u2014 said will never come forward again.\u201d In response, Martinez told university investigators he believed that all of the individuals who came forward with allegations against him conspired together and \u201cfabricated\u201d the sexual harassment complaints. In addition to the six complainants, a number of other witnesses interviewed as part of this investigation, including other nurses, said Martinez had, at one point, made them feel uncomfortable, touched them inappropriately or acknowledged that they had witnessed him touching others inappropriately. \ue809 2/17/25, 2:03 Documents reveal 19 substantiated cases of employee sexual misconduct at Davis between 2016\u201318 - The Aggie 6/23 Ultimately, Reed, the aforementioned university investigator, and the Chancellor\u2019s Legal Fellow Sylvia E. Cunningham concluded Martinez created a hostile work environment for some of his colleagues, engaged in sexual harassment and made both the individuals he harassed uncomfortable as well as those who witnessed the harassment. As a result, Martinez resigned in lieu of intended termination. Conductor who engaged in misconduct with student returns to position Case No.: 170177 Respondent: Christian Baldini, symphony conductor Outcome: Returned to position after quarter-long suspension In place of attaching a case report, university officials sent The Aggie a link to The Sacramento Bee\u2019s article detailing the decision by Davis officials to place Christian Baldini, who still serves as conductor of the university\u2019s Symphony Orchestra, on unpaid administrative leave in late 2017. Baldini was found to have engaged in misconduct of a sexual nature directed toward an undergraduate student who subsequently left the university because of the incident. Baldini \u201cengaged in conduct that included touching this student\u2019s hands and shoulder, dancing with her alone (including touching her waist and spinning her, leading to her buttocks being held against [his] body), and kissing this student\u2019s cheek,\u201d according to the letter of censure which was sent to The Aggie by university officials in 2018. At this time, The Aggie reported that the letter was not placed in Baldini\u2019s academic review file. In a prepared statement sent to The Aggie via email in 2018, Baldini said that although \u201cnothing sexual was intended\u201d he deeply regretted \u201cthat over time this was perceived by [the] student in such a way.\u201d He also referenced his Argentinian heritage as justification for his actions. \u201cMy faults are failing to recognize that my behavior could have a reaction in her that was unintended,\u201d the statement read feel contrite and remorseful that one of my students would have felt this way by something did, and deeply apologize for any stress and pain this may have caused.\u201d Baldini was placed on unpaid academic leave during Winter Quarter 2018 and has since returned to his position. Employee found to be \u201cstalking\u201d student Case No.: 170436 Respondent: University employee, name redacted Outcome: Terminated from position \ue809 2/17/25, 2:03 Documents reveal 19 substantiated cases of employee sexual misconduct at Davis between 2016\u201318 - The Aggie 7/23 The complainant in this case is a student who moved into a dorm building in fall of 2017. The respondent in this case is a university employee who was lofting beds in student housing when he met the complainant. The complainant thanked him for lofting her bed, and he began to talk with her for half an hour, complimenting her smile. The complainant would see the respondent around her dorm building and in the dining commons and say hello. In October of 2017, she received a Facebook friend request from him and was unsure how he found her, as he did not know her last name. He also messaged her and told her she could talk to him at any time. In mid-October, the respondent began leaving post-it notes on the complainant\u2019s bedroom door in her dorm. She reflected on their previous interactions and became uncomfortable with his prior actions. She told university officials she felt freaked out because she knew he had access to her dorm room. The complainant reported his behavior to university officials and, in a meeting with his supervisors, the respondent said his behavior wasn\u2019t meant to be predatory, and \u201che was just friendly.\u201d In an interview related to the investigation, however, the respondent admitted he was not friends with any other students on Facebook and had not left notes for other students. Video evidence shows the respondent visited the residence hall where the complainant lives \u201cnumerous times\u201d \u2014 approximately seven of the 12 days during the two-and-a-half week period between move-in day and the day the respondent was ultimately placed on leave. \u201cRespondent acknowledged that he did not have work orders for projects in that building at that time,\u201d the report states, adding that there was no work-related reason why he would go to the upstairs floor of the residence hall the complainant lives on, yet he did on at least five occasions during this time frame. One of the witnesses interviewed by the university investigator said the respondent does occasionally check out young girls, and will sometimes follow them a short distance or start chatting with them and has made comments such as, \u201cshe\u2019s hot.\u201d This university investigation found the respondent\u2019s conduct met the definition of stalking, his conduct created an intimidating and offensive environment for the complainant, and he ultimately violated the university\u2019s sexual harassment policy. The investigation also concluded the respondent\u2019s conduct was sexual or romantic in nature. When asked how he would feel if his daughter were in the complainant\u2019s situation, the respondent said he would be upset. When asked how he would feel if his daughter were in the complainant\u2019s situation, the respondent said he would be upset. \u201cThat statement supports that he understood his behavior reasonably appeared romantic of sexual in motivation,\u201d the report states. Although the university investigator explicitly stated it did not seem the respondent\u2019s behavior was meant to hurt or frighten the complainant, because of his persistence in visiting her place of residence without any business being there, a \u201creasonable person\u201d in the complainant\u2019s position would fear for their safety and experience emotional distress. Ultimately, the respondent was terminated from his position as a Davis staff member. Volunteer coach assaulted student \ue809 2/17/25, 2:03 Documents reveal 19 substantiated cases of employee sexual misconduct at Davis between 2016\u201318 - The Aggie 8/23 Case No.: 150331 Respondent: Unnamed volunteer coach Outcome: Terminated from position This case, lodged by a Davis student against a volunteer coach for a club sports team, regards a series of incidents, including one in which the coach, the respondent in the case, had inappropriately touched the student, the complainant in the case, \u201cby attempting to put his hand in her pants without her consent after he insisted on staying the night in her apartment\u201d in May of 2014. The incident was brought to Delmendo on Nov. 1, 2015. As part of the university\u2019s investigation, 13 witnesses were interviewed over a three-month period. In May of 2014, the complainant went out drinking with members of her sports club. After consuming several beers, the complainant became \u201crelatively intoxicated,\u201d and she and the respondent went to her home, where he asked to be let in to use her bathroom. He ended up staying and talking with the complaint about her past relationships. He told her that she \u201cshouldn\u2019t be alone and he would stay over,\u201d at which point the complainant retrieved a sleeping bag and told him he could sleep on the floor beside her bed. The respondent said he couldn\u2019t sleep and said she should lay down beside him. Feeling intimidated and not knowing what do do, she joined him on the floor. \u201cSoon after she laid down next to [redacted], he began touching her,\u201d according to the case report. \u201cHe groped her chest and then he put his hand down her pants and touched her vagina. At that point [redacted] said she pushed him away, got up from the floor and said, \u2018Stop. Don\u2019t touch me.\u2019 [\u2026] He left when she left for class the next morning.\u201d There was an email exchange between the two soon after the incident. In one of the complainant\u2019s emails to the respondent, she stated: \u201cwithout my consent nor knowledge (you) decided to act upon that assumption feel upset and uneasy. What happened was highly inappropriate because you are my [redacted] teacher opened up because believed to be safe with you.\u201d The complainant decided to leave the club after what happened, and then later left Davis entirely. In response, the respondent denied being able to even recognize the complainant, even \u201cif she was in the room right now.\u201d He denied ever touching her genitals and claimed he did not remember going to her apartment. When shown the email exchange between the two of them, he said, \u201cWow do not recall having this conversation with her [\u2026] She\u2019s saying groped her don\u2019t do anything like that. Not one kid in the club would say groped them.\u201d Bruce H. Hupe, the investigations coordinator for this case, wrote in the report that \u201cemail exchanges with [redacted] the day after the alleged assault provides convincing evidence that what she alleges happened did in fact occur and serves to undermine his credibility.\u201d The university issued the respondent three violations of policy: his conduct \u201cunreasonably interfered\u201d with the complainant\u2019s education and \u201ccreated an intimidating, hostile, and offensive learning environment in violation of the University\u2019s Sexual Harassment policy in place at the time\u201d; his \u2018couch-surfing\u2019 at the complainant\u2019s home was \ue809 2/17/25, 2:03 Documents reveal 19 substantiated cases of employee sexual misconduct at Davis between 2016\u201318 - The Aggie 9/23 \u201cunusual and inappropriate,\u201d constituting a behavior that could be expected to \u201cdetract from the reputation of the University\u201d and the respondent was found to have sexually harassed the complainant. As a result of the investigation, the respondent was terminated from his position. Six undergraduate student interns issue complaints of misconduct Case No.: 160127 Respondent: Unnamed staff member Outcome: Resigned from his position This investigation, begun in May of 2016 and conducted by Ellis Buehler Makus LLP, regards six undergraduates students, all of whom were interns and all of whom filed complaints with the university alleging that the respondent in the case engaged in \u201cconduct of a sexual nature with student interns.\u201d Zee Syed, who prepared the university\u2019s report, affirmed that the respondent had engaged in \u201cconduct of a sexual nature that interns, faculty, and staff members found offensive. He made sexual jokes and innuendo, watched videos containing sexual content, and organized performances on campus that were sexual in nature.\u201d Syed also affirmed that the respondent\u2019s conduct violated university policies prohibiting sexual harassment, given that conduct included \u201cmaking sexual jokes and comments, watching videos of a sexual nature, and arranging performances at [redacted] Day that were laced with sexual innuendo. The conduct was offensive to reasonable people.\u201d As part of the investigation, 16 individuals were interviewed in May and June of 2016. According to one account, the source interviewed \u201cfound these [sexual] jokes embarrassing, but reluctantly participated in them because she did not know how to react.\u201d The source also said that the interns favored by the respondent \u201cwere also the ones who made sexual jokes most frequently.\u201d \u201cHe was looking at the interns bodies and evaluating them,\u201d one source said, adding that the respondent \u201coften prefaced comments by saying don\u2019t want to go to sexual harassment training again,\u2019 implying that he had been to training because of the comments he made in the past.\u201d An eighth account from a source who also recounted inappropriate comments made by the respondent said she feared that if she reported the conduct, the contract for her position would not be renewed. Ultimately, the university\u2019s investigation substantiated the allegation that the respondent had made and encouraged interns to make sexual comments and jokes. The university did not substantiate the claim made by the respondent that the allegations made against him were an attempt to get him in trouble because they had a personal relationship with \u201ca former intern who previously made a complaint against him.\u201d The respondent also allegedly put on \u201craunchy\u201d videos and movies for the interns, which contained \u201csexual content.\u201d The investigation substantiated the claim that the respondent played or allowed interns to play a video titled \u201c[Redacted] Can\u2019t Stop Thinking About Sex.\u201d One intern, who felt uncomfortable watching one of these videos, continued watching \u201cbecause it was the start of her internship and she did not feel comfortable making a scene.\u201d \ue809 2/17/25, 2:03 Documents reveal 19 substantiated cases of employee sexual misconduct at Davis between 2016\u201318 - The Aggie 10/23 The investigation also found that the respondent had, on one occasion, given the complainant\u2019s phone number out, leading to harassment separate incident involves a \u201csexually-laced performance\u201d that likely occurred at Picnic Day 2015, though the title of the event appears in the case documents as [Redacted] Day 2015. One intern said they saw the respondent ask another intern \u201cto find some male friend who would conduct a strip show during the [redacted] demonstration.\u201d According to the same account, \u201cThe men were reluctant to participate and [redacted] told them he would provide them with alcohol to boost their courage.\u201d Two additional allegations against the respondent are redacted in their entirety, as are six documents, included because they contained information relevant to the case. In the 64-page case document, pages 44 through 63 are entirely redacted \u2014 on page 64, the only non-redacted content is the conclusion which states, \u201cThis Report concludes the investigation,\u201d and Syed\u2019s signature. The respondent was ultimately found to have \u201cengaged in conduct that violated UCD\u2019s Sexual Violence and exual Harassment policies.\u201d Based on a on \u201cpreponderance of evidence,\u201d the respondent engaged in unwelcome and offensive conduct of a sexual nature that impacted learning and work environments. As a result of the investigation, the respondent resigned from his position. Faculty member accused of misconduct retaliated after rejection Case No.: 160131 Respondent: Unnamed faculty member Outcome: Nine-month monetary sanction, not reappointed The respondent in this case was found to have engaged in \u201cunwanted touching\u201d and told the complainant in this case he had \u201cdeveloped feelings for her.\u201d After the complainant rejected his advances, the respondent \u201ctreated her differently, including denigrating her to others.\u201d The investigation began in June of 2016 and ended that September. The case\u2019s complainant describes incidents that occured in June of 2015, including multiple embraces instigated by the respondent. At one work party, the respondent told the complainant he felt \u201creally good with her\u201d and, in response, she \u201cmanaged to get out of the situation by indicating she felt a paternal connection to him.\u201d About two weeks later, another hugging incident occurred. The complainant \u201cacted cold to stop the embrace.\u201d The respondent apologized via text. With the help of a second party, the complainant drafted a response in which she stated that she thought of him \u201cas a father-figure, and they needed to keep the relationship professional.\u201d The second party told the complainant to report the behavior, but she did not want to. The following Monday, the respondent told the complainant \u201che had feeling for her and wanted to treat her like a daughter, but couldn\u2019t help but see her as attractive [\u2026] [and] that she needed to be careful around him because he would have trouble controlling his emotions.\u201d This is when the witness first noticed the respondent \u201cwas treating her differently, and felt he was retaliating for her rejection of him.\u201d \ue809 2/17/25, 2:03 Documents reveal 19 substantiated cases of employee sexual misconduct at Davis between 2016\u201318 - The Aggie 11/23 the respondent told the complainant \u201che had feeling for her and wanted to treat her like a daughter, but couldn\u2019t help but see her as attractive [\u2026] [and] that she needed to be careful around him because he would have trouble controlling his emotions.\u201d The complainant found that this situation impacted the work environment, a lab, finding \u201cit stressful to be there.\u201d One outside source interviewed as part of the investigation said the respondent treated \u201cwomen differently in general, as though they are below him.\u201d \u201cIt seems like if a women questions him or does something he doesn\u2019t like, he will target them for poor treatment,\u201d the source said fourth source who, given her position, \u201cwas required by policy to report the behavior,\u201d was unhappy with how the department handled the case initially, as the lab became a hostile workplace fifth witness, who is unidentified but appears to be the respondent, denied that he shared romantic feelings, and said he never gave the complainant compliments on her appearance and said the complainant was resistant to criticism, which frustrated him. The respondent was found to be in violation of the Sexual Harassment and Sexual Violence policy and the Faculty Code of Conduct. As a result of the investigation, the respondent received a nine-month monetary sanction and did not receive a reappointment. Supervisor terminated after sexually harassing employee Case No.: 160405 Respondent: Unnamed supervisor Outcome: Terminated from position The respondent in this case, a supervisor of the complainant, \u201cmade inappropriate comments of [a] sexual and flirtatious nature,\u201d including suggesting sexual favors in return for money, in October of 2016 and again that December, which were found to have violated the University\u2019s Sexual Violence and Sexual Harassment Policy. \u201cComplainant stated [it is] uncomfortable for her at work because she does not want to say anything in front of Respondent that could possibly open up to a \u2018joke\u2019 turned sexual \u2018insinuation,\u2019\u201d the case states. \u201cComplainant stated she hopes the complaint results in her not feeling uncomfortable at work in the future.\u201d \u201cComplainant stated she hopes the complaint results in her not feeling uncomfortable at work in the future.\u201d \ue809 2/17/25, 2:03 Documents reveal 19 substantiated cases of employee sexual misconduct at Davis between 2016\u201318 - The Aggie 12/23 The complainant made a report to the assistant manager about the second incident, which the assistant manager was required to report. The respondent completely denied either incidents occurred, according to the report, calling it \u201ca lie, a fabrication\u201d and claiming the complainant wanted to get him in trouble. He also said he does \u201cnot have time for the stuff that am being accused of saying.\u201d With regard to another incident where the respondent called another person in the workplace \u201cbaby girl,\u201d he said that he had taken measures to learn to not repeat such behaviors, such as taking cultural awareness classes and online sexual harassment training. He used this as reasoning for why he would not have done what he was alleged to have done by the complainant. The investigator ultimately concluded that \u201cRespondent engaged in sexual harassment in violation of University of California\u2019s Sexual Violence and Sexual Harassment Policy.\u201d As a result of the investigation, the respondent was terminated from his position. Employee sexually harassed, verbally assaulted by faculty member Case No.: 170024 Respondent: Unnamed faculty member Outcome: One-month suspension without pay The complainant in this case was touched inappropriately by the respondent in this case on multiple occasions, including a time in October of 2016, where he slapped her butt, and a second set of incidences between November and December of 2016, where he poked her in the ribs and in the stomach on more than one occasion. The university found that the respondent engaged in sexual harassment in violation of the policy. This includes \u201cunwelcome physical conduct [that] was sexual in nature,\u201d which interfered with the complainant\u2019s employment and \u201cwould be perceived as offensive or intimidating to a reasonable person.\u201d The complainant described verbal abuse from the respondent, including a time where \u201che grabbed a garbage can and told her that her research was trash.\u201d The respondent threatened her termination in front of the lab manager and students. He \u201cwould say that she looked like a 5 year old girl\u201d and \u201cdescribed the lab environment as \u2018hostile.\u2019\u201d On one occasion, when the complainant was bending over and reaching into a drawer, \u201cout of nowhere\u201d the respondent \u201chit her on the bottom [\u2026] pretty hard, enough to surprise her.\u201d The complainant recalls telling him to stop and \u201cdescribed the event as emotionally painful.\u201d She also \u201creported being \u2018quiet from her husband and the whole world,\u2019\u201d following the incident. Witnesses were present when this occurred and a complaint was then lodged with HDAPP. The complainant recalls telling him to stop and \u201cdescribed the event as emotionally painful.\u201d The respondent randomly poked the complainant\u2019s ribs on multiple occasions. After he did this, the complainant would tell him \u2018no\u2019 and, in her interview, she said she stopped working with him because this behavior persisted. \ue809 2/17/25, 2:03 Documents reveal 19 substantiated cases of employee sexual misconduct at Davis between 2016\u201318 - The Aggie 13/23 As a result of these incidents, the complainant \u201creported ongoing physical symptoms, including gastrointestinal issues, nervousness and sleeplessness,\u201d which were classified as potentially impeding or interfering with the complainant\u2019s employment. The respondent denied \u201cengaging in any verbal berating,\u201d denied or did not recall poking the complainant\u2019s ribs and denied hitting the complainant on the buttocks, stating he may have brushed against her. The investigator did not find this excuse to be supported. As a result of the investigation, the respondent received a one-month suspension without pay. Employee fearful of retaliation after rejecting advances from colleague Case No.: 170035 Respondent: Unnamed staff member externally contracted Outcome: Referred to external contractor for discipline This case regards a male employee at the Davis Medical Center who was \u201crepeatedly and inappropriately touched\u201d on his arm, back and shoulders, and had \u201cinappropriate comments of a sexual nature [made] toward him\u201d by a female respondent. According to the preponderance of the evidence, it was substantiated that the respondent in this case engaged in sexual harassment in violation of the Sexual Violence and Sexual Harassment policy. It was supported that the respondent \u201cengaged in unwelcome physical conduct\u201d when he touched the complainant inappropriately and engaged in \u201cunwelcome verbal conduct,\u201d which included insinuating that the complainant \u201chad engaged in sexual conduct as an explanation for his \u2018good mood.\u2019\u201d It was concluded that this conduct was of a sexual nature, and that it \u201cwas sufficiently severe or pervasive to impede or interfere with [the complainant\u2019s] employment.\u201d The complainant described how pervasive the inappropriate touching was, including how the respondent would say tell him to \u201cwork his magic\u201d and how she would get extremely close to him, so close that \u201che could see the blackheads on her nose and smell her breath.\u201d Her breasts were described as rubbing on people because of how close she would get to them. The respondent also \u201copenly discussed details of her personal life\u201d and made a comment about the complainant\u2019s sex life. The complainant became concerned about \u201cpossible retaliation for not returning or showing [\u2026] affection.\u201d He also \u201cdescribed getting a \u2018bad\u2019 or \u2018weird sick\u2019 feeling in his stomach that he compared to being \u2018pulled over by the police\u2019 or \u2018panic\u2019 when he would see [the respondent].\u201d The complainant became concerned about \u201cpossible retaliation for not returning or showing [\u2026] affection.\u201d People referred to his harasser as \u201chis girl\u201d and would ask him where she was if she was not around him. The complainant initially wished to remain anonymous and not file a formal complaint. After the complainant reported \ue809 2/17/25, 2:03 Documents reveal 19 substantiated cases of employee sexual misconduct at Davis between 2016\u201318 - The Aggie 14/23 the behavior to his union representative, he felt that he was treated differently. The respondent \u201cstopped touching him, began giving him \u2018stank eyes,\u2019\u201d and \u201cstopped talking to him.\u201d The respondent, in her interview, asserted \u201cshe did not agree\u201d with the allegations against her,\u201d denied any inappropriate touching and alleged there was a conspiracy, with people \u201cin \u2018cahoots\u2019 to get her out.\u201d The respondent said that \u201cif she is \u2018guilty\u2019\u201d of anything it was \u201ctelling people to do their jobs\u201d and said this is \u201ccharacter assassination.\u201d Accounts from witnesses contradict the respondent\u2019s account. The investigator of this case found no motive for the complainant to lie about what he reported and found evidence to support the complainant\u2019s late disclosure of the incidents after he was unhappy with the response from management. As a result of this investigation, the respondent was referred to the external contractor for discipline. Employee pursued sexual relationship with undergraduate researcher \u201cagainst her wishes\u201d Case No.: 170047 Respondent: Unnamed staff member Outcome: One-week suspension without pay, no reappointment There are six allegations brought against one respondent in this case, three of which were substantiated in part and three of which were fully substantiated. It was partly substantiated that the respondent had made unwelcome and sexually suggestive comments in 2015 to an Undergraduate Researcher university investigator found this occurred once and was not a repeat incident. It was also partly substantiated that at a social event, the respondent \u201cstood uncomfortably close to A\u201d and \u201cput his hands on her waist without consent university investigator found the respondent did not persist when she told him to stop touching her. The next day, the respondent wanted to talk to alone did not want to be alone with Respondent and her \u2018stomach dropped,\u2019\u201d she said in her interview told Respondent that everything that went down at the party was really inappropriate and she was uncomfortable and did not want anything like that to happen again [\u2026] Respondent told he did not mean to make her uncomfortable and he was sorry.\u201d After this happened described worsening working conditions, where the respondent would \u201csingle her out\u201d and \u201cmake up rules that applied only to her.\u201d She described him as \u201cconstantly \u2018pissed off fifth allegation asserts that the respondent pursued an intimate relationship with B, a separate undergraduate researcher, \u201cagainst her wishes.\u201d This allegation is supported by evidence and was substantiated in part. The university substantiated the fact that the respondent suggested should \u201cleave her position in the laboratory due to their conflict.\u201d \ue809 2/17/25, 2:03 Documents reveal 19 substantiated cases of employee sexual misconduct at Davis between 2016\u201318 - The Aggie 15/23 recounted that she had attended a party, to which other people had been invited, but only the respondent attended. She recalled kissing him, but texted him after clarifying that she had no intention of having any further sexual contact because of their working relationship. \u201cDuring that conversation, Respondent said, \u2018you kissed me, so there must have been some sort of attraction,\u2019\u201d the report states. \u201cRespondent did not accept her saying \u2018no.\u2019 He continued to ask her out on a date told him she was not interested in dating him. He implied that they could have sex together, which she also refused. After the two had a normal conversation \u201cthought things would be fine and they would continue being friends.\u201d As time passed, however, \u201cthings got progressively \u2018weirder began avoiding the lab in order to avoid the respondent. When she did go into the lab, the respondent asked her why she would not date him \u2014 according to the interview, \u201chis voice was raised and he was very frustrated described it as a draining three-hour-long conversation.\u201d In this conversation recalled the respondent insinuating that she should leave the lab. \u201cRespondent told her that he did not know if he wanted to keep her because he was not getting what he wanted,\u201d the report states. \u201cIn her interview said she did not realize that this was \u2018textbook sexual harassment.\u2019 [\u2026] [He said] that it seemed like a one-way street where she was getting what she wanted, i.e. to stay in the lab and not sleep with him, but he was not getting what he wanted reported the respondent\u2019s conduct to a faculty member who told her that this was the third complaint he had received about the respondent in the timespan of one week. The university\u2019s investigation concluded that the respondent engaged in unwelcome sexual conduct and created a hostile work environment. As a result of the investigation, the respondent received a one-week suspension without pay, his appointment was ended and he was not reappointed. Supervisor exposed himself to employee Case No.: 170141 Respondent: Unnamed staff member Outcome: Terminated from position This case of a female employee filing an official complaint with her supervisor was brought to the attention of the Davis Harassment & Discrimination Assistance and Prevention Program. The male employer inappropriately touched her without her consent and exposed his penis in April of 2017. Although the respondent denies these allegations, all of these complaints levied by the female employee were substantiated through interviews with five different individuals and available video footage. \ue809 2/17/25, 2:03 Documents reveal 19 substantiated cases of employee sexual misconduct at Davis between 2016\u201318 - The Aggie 16/23 On April 10, the respondent asked the complainant in the case to \u201chang out\u201d in the designated supervisors\u2019 office during the middle of her shift. She complied and, during the meeting, the respondent made the complainant aware that he was her new supervisor \u2014 a fact substantiated by a university investigation. He told her if she needed time off, he could work it out. At this point in the conversation, the respondent touched her leg inappropriately. When the complainant attempted to leave, the respondent asked her why she was \u201cacting so shy\u201d and exposed himself. \u201cFollowing these incidents, complainant was visibly shaken, she missed work and her schedule was adjusted so she could work in another facility away from [the] Respondent because she was uncomfortable being around him and feared retaliation,\u201d the report states. Available video footage shows the complainant exiting the office before the respondent, appearing \u201cvisibly uncomfortable.\u201d The complainant in the case initially avoided explicitly naming the respondent, her supervisor, to avoid \u201cgetting him in trouble.\u201d She \u201ccited concerns about Respondent\u2019s financial well-being\u201d and \u201cdescribed fear of retaliation.\u201d \u201cShe is worried that if people find out she reported Respondent they will be angry with her because he has so many friends that work there,\u201d the case reports. \u201cAt the same time, she couldn\u2019t not say anything. She was too uncomfortable with the idea of being around Respondent. She was also worried about having him as her supervisor.\u201d \u201cShe is worried that if people find out she reported Respondent they will be angry with her because he has so many friends that work there,\u201d The complainant also addressed concerns about the respondent gaining access to her personal home address. University officials concluded the respondent engaged in unwelcome sexual conduct, created a hostile work environment for the complainant and violated sexual harassment policy, resulting in his termination from the university. Employee seeks mental health treatment after being sexually harassed by supervisor Case No.: 170183 Respondent: Unnamed staff member Outcome: Terminated from position This case, filed May 9, 2017, regards a female employee who filed an official complaint against her male supervisor after she sought out anxiety medication from her doctor in order to cope with her uncomfortable work environment. Three years before the male respondent in this case was hired as a supervisor, there was a complaint about him from another female employee who said he had \u201cbothered her\u201d and made her uncomfortable. He was subsequently moved to another area, but nothing ever came of it because, according to him, the woman \u201cpulled the case because she didn\u2019t want to pursue it.\u201d \ue809 2/17/25, 2:03 Documents reveal 19 substantiated cases of employee sexual misconduct at Davis between 2016\u201318 - The Aggie 17/23 The female complainant in this case alleged the respondent, her supervisor, began visiting her at her work station numerous times a week after promoting her. Over a two-month period, he began referring to her as \u201ccute girl\u201d at work instead of by her name, would make comments about her appearance such as, \u201cWhy do you always look so good?\u201d and \u201cYou\u2019re so cute\u201d and referred to employees he did not like as \u201cbitch\u201d and \u201cfucking bitch.\u201d On one occasion, the respondent said \u201cIf you want a job at Davis, it\u2019s called \u2018no blow job, no job\u2019\u201d and \u201cit\u2019s not who you know, it\u2019s who you blow\u201d to another male supervisor in front of the complainant. After that conversation, she thought he might be insinuating that she perform a sexual favor for him. After two months of this behavior, the complainant sought mental health help because she was having anxiety attacks at work, she could not sleep and her eating habits had changed. According to the report, she told her doctor that, at times, \u201cshe would get so emotional that her heart would be pounding, her hands would get sweaty and she had so much adrenaline she felt she was going to explode.\u201d She was also scared to be at work. The respondent had made it clear to the complainant who he did and did not like. On one occasion, when he saw her talking with someone he disliked, he got very angry and aggressive with her, demanding to know what they talked about. \u201c[In April], complainant lied to Respondent and told him she had a family emergency because he wanted to meet with her and she was really afraid of him and did not want to meet with him,\u201d the report states. \u201cThere were times she got so scared of [the] respondent that she started shaking.\u201d On one occasion, the respondent grabbed her shoulders \u2014 \u201cshe was hoping the interaction would end, but she did not feel she could tell her supervisor to leave \u2014 and she feared retaliation if she reported him. \u201cshe was hoping the interaction would end, but she did not feel she could tell her supervisor to leave \u2014 and she feared retaliation if she reported him. \u201cOn the one hand, she felt she should have told him to leave her alone. But she did not want to upset him,\u201d the report states. \u201cShe said she was worried if she told another supervisor, they would protect him. [\u2026] Complainant had not said something earlier because she felt Respondent had her job in his hands. She worried that the only way to get a job at Davis might be through him, and he had said he would do his best to get her in here. Eventually, though, she decided that her job was not that important and she \u2018just can\u2019t deal with it emotionally.\u2019\u201d While some of the 16 witnesses interviewed by the university investigator said he is a hard worker and professional at work, others corroborated what the complainant alleged, one said \u201che is a perv,\u201d another said they, too, were made uncomfortable by him and had asked not to be left alone with him, but she did not report his behavior because \u201cshe needed the job.\u201d While the respondent did acknowledge he made a comment about performing sexual favors to get promotions at the university, he denies much of what complainant alleged, claiming she might be making up these claims to get a promotion of her own. At a meeting with management and the union, union organizers said they wanted the respondent placed on leave, insinuating they knew of at least five complaints against the respondent. Following a university investigation, it was concluded the respondent in this case created an environment that was intimidating, offensive and hostile and engaged in unwanted sexual conduct. He was terminated by the university. Employee subjected to misconduct from co-worker from 2013\u201317 \ue809 2/17/25, 2:03 Documents reveal 19 substantiated cases of employee sexual misconduct at Davis between 2016\u201318 - The Aggie 18/23 Case No.: 170215 Respondent: Unnamed staff member Outcome: 15-day suspension without pay The complainant in this case reported her co-worker at Davis health after she was subjected to \u201cinappropriate jokes\u201d and \u201cinappropriate remarks of a sexual nature\u201d from 2013 to 2017. The respondent called the complainant \u201cpretty\u201d and \u201cgorgeous,\u201d made suggestive comments about her body and watched her in her home, accused her husband of cheating on her with another man and discussed his own sexual experiences in front of her. In 2017, the complainant made the university aware of her co-worker\u2019s harassment. The complainant had attempted to resolve the situation unsuccessfully in 2013 when she decided to meet with another employee and request sexual harassment training be given to the entire department. In-person sexual harassment was given to the entire department. The complainant hoped the comments from the respondent would stop, \u201cbut it continued and it got worse and worse as the years went by.\u201d The complainant hoped the comments from the respondent would stop, \u201cbut it continued and it got worse and worse as the years went by.\u201d In 2016, the complainant said the comments became more sexually suggestive. He alluded to the fact there might be cameras in her office watching her, and from then on she became paranoid of the possibility of hidden cameras. She became afraid to go to her car don\u2019t know if he told me this to intimidate me, harass me or bully me just know that couldn\u2019t protect myself against him and it made me afraid,\u201d the complainant said in the report just don\u2019t want to have to deal with that anymore.\u201d The report states the complainant feared reporting the respondent because \u201cshe understood that it is hard to prove sexual harassment cases because respondent\u2019s comments often occurred while they were alone don\u2019t understand why he tells me these things don\u2019t know what to do,\u201d the complainant said don\u2019t understand why feel this way wish was stronger but get paralyzed.\u201d At the time of the investigation, the respondent disclosed that a former manager of his made accusations against him four years earlier but nothing came of it. During the investigation, two witnesses said the respondent frequently pulled up photos of 18 to 19-year-old girls and commented on their looks. The university concluded the respondent accused created a hostile work environment for the complainant as well as those who overheard the comments he made to her. As a result of this investigation, the respondent was subject to a 15-day suspension without pay. Employee bombards other employee with texts messages, shows up outside of her home \ue809 2/17/25, 2:03 Documents reveal 19 substantiated cases of employee sexual misconduct at Davis between 2016\u201318 - The Aggie 19/23 Case No.: 170421 Respondent: Unnamed staff member Outcome: 10-day suspension without pay The complainant in this case reported the respondent in this case to in October of 2017 for continuous and unwanted flirtatious behavior occurring over a six-month period, the sending of unwanted text messages and gifts and requests to go out on a date. All of the allegations were substantiated by a university investigation. \u201cBetween Complainant\u2019s last message to Respondent and a March 2017 message where Complainant asked Respondent in writing to stop texting her, Respondent sent Complainant more than 100 unanswered text messages,\u201d the report states. \u201cHe kept messaging her until she blocked him on text and Facebook.\u201d \u201cHe kept messaging her until she blocked him on text and Facebook.\u201d The text messages sent by the respondent asked the complainant to go out to eat or get coffee, referenced the complainant\u2019s physical appearance and offered gifts or personal favors. The complainant had asked the respondent to stop messaging her. \u201cComplainant started her interview by saying that she didn\u2019t really want to be here,\u201d the report states. \u201cRespondent had done a lot of things that she thought were inappropriate, but she had just hoped it would blow over.\u201d The complainant in the case began to fear for her safety after the respondent pulled up to her in his car when she was walking and, on a different occasion, when she saw him outside of work circling the block. She feared she was being followed. Once, she watched footage from cameras at her house that showed a car resembling the respondent\u2019s pass by and brake in front of her house. The university\u2019s investigation concluded Respondent repeatedly flirted with the complainant over the timespan of approximately a year, and that the respondent sent unwanted text messages \u201ceven after Complainant sent Respondent a text reminding him that she wanted a strictly professional relationship and explicitly asking him to stop contacting her over text.\u201d The investigation also found the respondent gave unwanted gifts, asked the complainant out on a date and appeared at the complainant\u2019s house. Ultimately, the university found the respondent to have acted in a manner that could be qualified as stalking and in violation of the university\u2019s sexual harassment policy. The respondent was subject to a 10-day suspension without pay. Professor sexually harassed student employee in his lab Case No.: 170496 \ue809 2/17/25, 2:03 Documents reveal 19 substantiated cases of employee sexual misconduct at Davis between 2016\u201318 - The Aggie 20/23 Respondent: Unnamed faculty member Outcome: Four-month suspension without pay In November of 2017, a graduate student employee, \u201cWitness A,\u201d emailed Delmendo to relay allegations made by a former student employee who they supervised. The student, an undergraduate and the complainant in this case, had made a number of allegations against her boss, a faculty advisor and professor at the university. The professor, the respondent in this case, supervised the complainant, an undergraduate researcher in his lab at Davis. The complainant began working in the respondent\u2019s lab to fulfill her research requirement. The complainant and respondent had a friendly relationship, occasionally getting food and drinks together, and the complainant would dogsit for her boss. On more than one occasion, the respondent asked the complainant why she was so tense and if he made her uncomfortable. During her interview with a university official, the complainant said she was uncomfortable but didn\u2019t feel comfortable with confrontation, though she did tell him she was tense on a number of these situations. She told another student employee \u201cshe didn\u2019t know what to do because Respondent was her boss.\u201d \u201cshe didn\u2019t know what to do because Respondent was her boss.\u201d \u201cComplainant [\u2026] thought that Respondent saw her as a daughter, so she did not see it coming when \u2018things escalated and got creepy,\u2019\u201d the report states. He complimented her smile and started telling her to smile when he walked into the lab while she was working. \u201cWhile working together in the lab, Respondent would ask her to smile and touch her hair,\u201d the report states. \u201cRespondent offered to increase Complainant\u2019s pay [\u2026] in an effort to have her stay on an his employee. [\u2026] The Complainant noted that she doesn\u2019t want to ruin Respondent\u2019s life [and] doesn\u2019t want him to lose his job.\u201d During his interview, the respondent said \u201cmost of this comes from misunderstandings, misinterpretations, some small lies and some truth.\u201d He feels he\u2019s being wrongly portrayed as a sexual predator when, in reality, he said that \u201che felt compassion and misplaced parenthood.\u201d Witnesses interviewed as part of this investigation noticed the inappropriate relationship that had formed between the complainant and the respondent. Witness told university officials during this investigation they had warned the respondent that the rumors that were being spread about his relationship with the complainant could be \u201clife ruining\u201d and told him to go to therapy. \u201cShe told Respondent to get his priorities straight, everyone is upset partially because they care about him and the wellbeing of the lab,\u201d the report states. \u201cHe was putting himself in emotional and professional danger.\u201d Once chatter began to increase in the lab, respondent brought the graduate students and postdocs into his office and drew an elephant \u201cto represent the elephant in the room.\u201d He said he had no sexual feelings for the complainant, that he knows others in the lab have been avoiding her and she is a sensitive person and said \u201che felt under attack.\u201d \ue809 2/17/25, 2:03 Documents reveal 19 substantiated cases of employee sexual misconduct at Davis between 2016\u201318 - The Aggie 21/23 Witness G, who saw the complainant and respondent out getting drinks and cozying up to each other one night, said when she saw the other two, they were all embarrassed. Later, the respondent told the others in the lab not to trust what Witness was saying. The situation \u201cgot really bad\u201d around August of 2017. At this time, the respondent gave the complainant a notebook. In the book, he had written that his happiest moment was kissing her on the cheek on his birthday, although that had never happened. The book disturbed the complainant, and she didn\u2019t want to keep it but figured she might need it for proof as part of a process like this investigation. The complainant began changing her work hours to avoid her boss and avoided cafes and restaurants he frequented. In September, the complainant called Witness H, a former student employee, crying and confided in them. That same month, the respondent sent the complainant an email in which he asked her not to leave the lab and said their relationship could be strictly professional. \u201cBy the time you asked if you were making me uncomfortable felt threatened and totally shut down,\u201d the complainant wrote in an email university investigation substantiated that the respondent invaded the complainant\u2019s personal space, touched her on more than one occasion and put his hand under the back of her tank top and made comments about her, including calling her \u201cthe highlight of the lab.\u201d In response, the respondent said at the times these situations occurred, his memory was \u201ccloudy\u201d and he was medicated. The investigation found the respondent\u2019s behavior could be constituted as of a sexual nature, that his sexual conduct was unwelcome, that he created a hostile work environment and, ultimately, that the respondent violated sexual harassment policy. \u201cGiven the power differential between the parties and the fact that Respondent consistently asked Complainant if she was uncomfortable only after he already had started touching her, it is not surprising that Complainant would not speak out to tell him he was making her uncomfortable in the moment,\u201d the report states. The respondent was subject to a four-month suspension without pay. Three employees complain of unwanted sexual advances from co-worker Case No Respondent: Unnamed staff member Outcome: Two-week suspension without pay There are three complainants in this case: Complainant A, Complainant and Complainant C. All three allege the respondent in this case, a female Davis staff member, acted inappropriately toward them. Complainant charges the respondent with making unwelcome comments of a sexual nature to her and engaging in sexual advances. Complainant says the respondent made offensive statements and verbally harassed her. And Complainant says the respondent told her she could be her girlfriend or \u201cgirlfriend on the side.\u201d Complainant alleges the respondent made sexual advances in January of 2015 in person and over text messages. She reported these advances to her supervisors and said the situation had caused her so much distress that she fell \ue809 2/17/25, 2:03 Documents reveal 19 substantiated cases of employee sexual misconduct at Davis between 2016\u201318 - The Aggie 22/23 physically ill and missed work. Complainant said the respondent told her she was a closeted lesbian and needed therapy. After confronting the respondent about something work-related, the respondent said Complainant was a bad person because of her religion, which is \u201canti-gay.\u201d She also said the respondent \u201cused her size and voice to intimidate her.\u201d But Complainant stood her ground. She did not tell anyone what the respondent had said to her, but the respondent told other people. \u201cComplainant did not report the incident at the time because she did not want Respondent to lose her job,\u201d the report states. Complainant said in the fall of 2015, the respondent had put her arm around her while at work and said she could be her girlfriend. After Complainant reported the situation to her supervisor, her supervisors asked if she knew of any similar situations involving the respondent and said she was required to report these. Complainant knew about the situation involving the respondent and Complainant because the respondent had told her about it and she reported it to her supervisors. After reporting, the respondent told others Complainant was raising these concerns because she is homophobic. \u201cComplainant expressed she is certain that if a male employee was hitting on Respondent even after she made it clear that she was a lesbian and was not interested, Respondent would see it as an assault on her rights and would be trying to get the person fired,\u201d the report states. During her interview with a university investigator, the respondent said \u201cthis smells like homophobia don\u2019t know if she would have responded this way if a man had made those comments,\u201d the respondent said. \u201cMaybe it triggered something in her that she hadn\u2019t thought about with her sexuality; maybe the only thing she knew how to do was report and push me away.\u201d The investigation concluded the respondent created an intimidating, hostile or offensive work environment for Complainant B. Her conduct toward Complainant violates the university\u2019s sexual harassment policy. But the evidence does not substantiate that the incident between the respondent and Complainant could be concluded as having violated the sexual harassment policy. As a result of these findings, the respondent was placed on a two-week suspension without pay. Written by: Hannah Holzer and Kenton Goldsby \u2014 campus@theaggie.org \ue809 2/17/25, 2:03 Documents reveal 19 substantiated cases of employee sexual misconduct at Davis between 2016\u201318 - The Aggie 23/23", "8331_102.pdf": "In Strict Confidence TO: Maureen Stanton, Vice Provost of Academic Affairs Wendi Delmendo, Chief Compliance Officer FROM: Professor Nicole Baumgarth, School of Veterinary Medicine Wendy Lilliedoll, University Investigator DATE: July 5, 2016 RE: Report of 015 Review, Department of On April 11, 2016, you appointed us to investigate allegations that Respondent, a professor in the Department of , engaged in behavior that could violate University policy, including the University\u2019s Policy on Sexual Violence and Sexual Harassment and the Faculty Code of Conduct. Specifically, it is alleged that Respondent engaged in unwelcome touching of a graduate student, gave the student a gift, and made unwanted comments about the student\u2019s physical appearance. In addition, it is alleged that when Complainant objected to Respondent\u2019s conduct by returning the gift and expressing that she felt it was inappropriate, Respondent retaliated. These allegations, if true, could constitute violations of one or more University policies, including the Faculty Code of Conduct. This report summarizes the scope and results of our inquiry Clear and convincing evidence substantiates that Respondent violated the Faculty Code of Conduct and University sexual harassment policy. The substantial weight of the evidence supports that Respondent hugged Complainant, kissed her cheek, gave her a gift, showed her messages saying she was cute, touched her, and stood uncomfortably close to her when they were working alone together in the lab. The evidence supports that those actions were unwelcome and created an intimidating, hostile work environment for Complainant. In addition, the evidence supports that when Complainant objected to Respondent\u2019s conduct, Respondent privately and publicly criticized her, made statements toward her that Complainant and a witness viewed as threatening, reassigned her projects to another individual, and limited his communication with her. The timing, nature, and context of these behaviors toward Complainant suggests that they were motivated by Complainant\u2019s objections to his conduct and thus violate University policy A. Standard of Proof \u201cPreponderance of the evidence\u201d means that a proposition is more likely to be true than not true. \u201cClear and convincing evidence\u201d means that a proposition is substantially more likely to be true than not true. Each of the factual findings and policy conclusions reflected in this report is made on a clear and convincing evidence basis. Because the clear and convincing evidence standard is a higher burden than the preponderance of the evidence standard, the evidence also satisfies the preponderance of the evidence standard. Report of 015 Review, Page 8 example, he refused to commit to an interview for longer than 1 hour, although there was no clear reason provided as to why he had to leave after that one hour. He ended his interview by vaguely stating that Complainant had done \u201cmillions of things\u201d wrong, without providing details. He also suggested that Complainant spontaneously gave him the cake recipe and video without explanation, but his documentation suggested they had discussed it previously. Complainant\u2019s description of previous incidents also was compelling. Respondent\u2019s denial that he said he would miss Complainant when he went on a trip was not convincing. His initial response to her allegation had been that he was saying he would miss her when she went on to her next job, but there was no indication her departure was imminent, so it is not clear why he would be commenting on that in particular. Likewise, her description of the hug was credible for the same reasons discussed above in relation to the February hug. Her description of Respondent\u2019s letter was detailed and credible. In contrast, Respondent\u2019s suggestion that Complainant\u2019s \u201ceyes are almost always on [Respondent\u2019s] screen\u201d was not believable. Although Respondent\u2019s April , 2016 letter to his Department Chair and Vice Chair argued that \u201cWe both consented to hug\u201d (emphasis in original), the evidence overwhelmingly supports that Respondent\u2019s conduct as described above was unwelcome. Complainant raised a concern with Witness and complained to the University and the Respondent within days of the February 2016 event. b. Was Respondent\u2019s Sexual Conduct Sufficiently Severe or Pervasive That It Interfered with Complainant\u2019s Education or Employment and Created an Intimidating or Offensive Environment? Sexual conduct is prohibited by the January 1, 2016 system-wide sexual harassment policy when it is \u201csufficiently severe or pervasive that it unreasonably denies, adversely limits, or interferes with a person\u2019s 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. The Davis sexual harassment policy in effect in 2015 prohibits sexual conduct \u201cwhen submission to or rejection of this conduct affects a person\u2019s employment or education, unreasonably interferes with a person\u2019s work or educational performance, or creates an intimidating, hostile or offensive working or learning environment.\u201d In the present case, clear and convincing evidence supports that Respondent\u2019s conduct toward Complainant constituted sexual harassment. Respondent\u2019s conduct toward Complainant in 2015 violated the sexual harassment policy in effect at that time by creating an intimidating and offensive work environment for Complainant. Complainant convincingly described feeling uncomfortable and ill as a result of Respondent\u2019s conduct. She described avoiding situations where Respondent could touch her or escalate his conduct, such as by trying to work during different hours than he did so they would not be alone together and moving out of her chair when showing him work on the computer so that he would not put his hand on hers or corner her in a space physically close to him. Respondent\u2019s authority over Complainant as a result of his position reasonably made his conduct more intimidating. Likewise, Complainant had observed Respondent\u2019s attitude toward employees become negative when he disagreed with them or they did not meet his expectations. As a result, she did not feel like she could object to Respondent\u2019s conduct without him becoming upset and providing her with a poor recommendation. For example, she described not knowing what to say or do when Respondent showed her the draft where he wrote that she was cute. Respondent\u2019s negative statements about Complainant since her present complaint support that Complainant\u2019s concerns were reasonable. Appendix 1 Complainant: Respondent: Nilesh Gaikwad Witness A:"} |
7,919 | Ralph Gatrone | Wilkes University | [
"7919_101.pdf",
"7919_102.pdf"
] | {"7919_101.pdf": "Professor Is Accused Of Sexual Harassment Wilkes University Student Names College And Former Department Chairman In Lawsuit Filed Monday January 12, 1999 \ud83d\udd0a Listen to this Tired of ads? Subscribers enjoy a distraction-free reading experience. Click here to subscribe today or Login. By DECKER; Times Leader Staff Writer Tuesday, January 12, 1999 Page: 3A WILKES-BARRE- Wilkes University and a former professor are being sued by a student who has accused him of sexual harassment. Katherine Wezmar of Waverly named Wilkes and Dr. Ralph Gatrone, former chairman of the university\u2019s chemistry department, as defendants in a lawsuit filed Monday in Luzerne County Court of Common Pleas. The suit is the second to be filed against Gatrone and the university. In April 1997, Marian Zivny, a former student and employee of Gatrone\u2019s, filed a complaint alleging Gatrone sexually harassed her, then retaliated against her when she reported the incidents. Gatrone resigned from his position in September 1997, shortly after a university committee completed an investigation of complaints made against him by Zivny and other students. Gatrone could not be reached for comment Monday. Gatrone\u2019s attorney, Raymond Wendolowski, said it would be inappropriate to comment because he has not seen the lawsuit. According to Wezmar\u2019s lawsuit: Wezmar met with Gatrone during the spring semester of 1996 to receive extra help in a course. During these meetings, Wezmar claims, Gatrone began to make \u201cinappropriate comments\u201d to her. In February 1996, Gatrone started to make comments about one of Wezmar\u2019s 2/17/25, 2:03 Professor Is Accused Of Sexual Harassment Wilkes University Student Names College And Former Department Chairman In Law\u2026 1/2 male friends and also told her, \u201cYou are the first attractive girl to walk in this office with a mind to go with your body.\u201d As a result of Gatrone\u2019s conduct, Wezmar said, she had to change her patterns of travel around the campus to avoid him. In March 1996, Wezmar stated in the suit that Gatrone again made comments about her appearance, telling her, \u201cYou look beautiful! Stand up! Turn around! You look different. Well, whatever it is, you look wonderful!\u201d And a few days after this meeting, Wezmar said, Gatrone approached her while she was talking to a group of classmates and placed his hand on the small of her back and asked the people around, \u201cDoesn\u2019t she look pretty today?\u201d Because of Gatrone\u2019s comments and \u201cnon-consensual touching,\u201d Wezmar stopped attending Gatrone\u2019s class and reported his conduct to a school official. She said the official failed to follow the protocol for a sexual harassment complaint as established by the school\u2019s student handbook. In April 1997, a letter was sent to the entire Wilkes student body from the chairperson of the school\u2019s Special Investigative Committee asking for first-hand knowledge of misconduct by Professor Gatrone. Wezmar and her parents responded and met with the committee. She is now seeking in excess of $40,000 on each of 12 counts. Times Leader Archivist \ue809 2/17/25, 2:03 Professor Is Accused Of Sexual Harassment Wilkes University Student Names College And Former Department Chairman In Law\u2026 2/2", "7919_102.pdf": "Wilkes Professor Resigns Former Student Had Filed Sexual Harassment Lawsuit Against Chairman Of The School\u2019s Chemistry Department In April September 9, 1997 \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 Tuesday, September 09, 1997 Page: 1A Wilkes University professor investigated for allegedly sexually harassing students and faculty has resigned his teaching position, the school announced Monday. University spokesman Mark Davis refused to say if professor Ralph Gatrone\u2019s resignation was voluntary, or if it was related to a several-month investigation into allegations that the chemistry department chairman made inappropriate sexual remarks. Gatrone came under fire in April after Marian Zivny, a former student, filed a lawsuit claiming he harassed her to the point that she was forced to leave school. Zivny accused Gatrone of repeatedly making vulgar sexual innuendoes and jokes during class, speaking about things such as \u201cdoggy-style sex\u201d and commenting about the size of her breasts. She claimed Gatrone became hostile when she confronted him, then sabotaged her grades after she complained to school officials. Zivny\u2019s attorney, George Oschal, said he has little doubt Gatrone\u2019s departure was in response to her suit and the ensuing internal investigation launched by the university don\u2019t know what kind of spin the university is going to put on this, but suspect if this matter never came up, he\u2019d still be there,\u201d Oschal said. \u201cYou don\u2019t need to be a rocket scientist to see this had something to do with it.\u201d 2/17/25, 2:03 Wilkes Professor Resigns Former Student Had Filed Sexual Harassment Lawsuit Against Chairman Of The School's Chemistry \u2026 1/3 Oschal said he would like to know the terms of the resignation, such as any financial package Gatrone received, and whether he received a positive letter of recommendation. Davis said negotiations about Gatrone\u2019s departure were \u201cin the works for a while,\u201d but he refused to release any details. \u201cThat\u2019s between the employee and university. It\u2019s private information between the two parties,\u201d Davis said. Gatrone could not be reached for comment Monday phone listing believed to be his home phone had been disconnected and changed to an unpublished number. In a written statement, Wilkes President Christopher Breiseth said only that Gatrone left the university \u201cto pursue other professional and personal interests.\u201d Breiseth appointed a special committee in April to investigate allegations made by Zivny and other students. The committee interviewed \u201ca substantial\u201d number of people and issued its report to Breiseth in July, according to Wilkes attorney Don Brobst. Brobst said Gatrone resigned effective Aug. 1, but he notified the school of his intentions to leave before the committee issued its report. Brobst and Davis refused to say if the report substantiated claims made by Zivny and others. \u201cWe\u2019re not trying to cover up or hide anything. I\u2019m saying as much as can to properly maintain the confidentiality of the investigation,\u201d Brobst said. In his statement, Breiseth said the committee made several recommendations regarding the school\u2019s sexual harassment policy. Several groups are examining the policy. He said the school is continuing sensitivity training sessions and is investigating several suggestions to improve communication within the campus. Times Leader Archivist \ue809 2/17/25, 2:03 Wilkes Professor Resigns Former Student Had Filed Sexual Harassment Lawsuit Against Chairman Of The School's Chemistry \u2026 2/3 \ue809 2/17/25, 2:03 Wilkes Professor Resigns Former Student Had Filed Sexual Harassment Lawsuit Against Chairman Of The School's Chemistry \u2026 3/3"} |
7,670 | Blake Wentworth | University of California – Berkeley | [
"7670_101.pdf",
"7670_102.pdf",
"7670_103.pdf",
"7670_104.pdf",
"7670_105.pdf",
"7670_106.pdf"
] | {"7670_101.pdf": "Allegations that the professor sexually harassed and inappropriately touched female students he was overseeing contributed to a major scandal. Photograph: Alamy Sexual harassment This article is more than 7 years old Berkeley professor fired nearly two years after sexual harassment claims substantiated Dismissal of Blake Wentworth \u2013 who sued the women who filed the harassment complaints \u2013 marks a rare instance of termination for sexual misconduct Sam Levin in San Francisco Wed 24 May 2017 23.52 The University of California has fired a professor who was accused of sexually harassing multiple students, nearly two years after campus investigators first concluded he had made unwanted advances and violated school policies. The dismissal of assistant professor Blake Wentworth \u2013 who sued the women who filed harassment complaints against him \u2013 marks a rare instance of termination of a faculty member accused of sexual misconduct at the prestigious public university. The allegations that Wentworth, a professor of south and south-east Asian studies at Berkeley, sexually harassed and inappropriately touched female students he was overseeing contributed to a major scandal, prompting an international debate about sexism and discrimination in academia. Two graduate students and one undergraduate shared their accounts with the Guardian last year, arguing that Wentworth\u2019s mistreatment of them had derailed their studies and, careers and that the university had repeatedly failed to support them and hold the faculty member accountable. Attorneys for Wentworth \u2013 who filed a defamation suit against the three women in September and has sued the university \u2013 said in a statement on Wednesday that the university was trying to distract from a financial scandal, and that he continues to deny the \u201cfalse assertions, which are a pretext to discriminate and retaliate against him\u201d. Evidence in his pending lawsuit will show that embarked on a \u201ccampaign to ruin his career\u201d, the lawyers added. 2/17/25, 2:04 Berkeley professor fired nearly two years after sexual harassment claims substantiated | Sexual harassment | The Guardian 1/5 More on this story to ban intimate relationships between staff and their students 20 Feb 2020 learned firsthand how British universities are silencing abuse survivors 18 Feb 2020 Students who complain about abuse on campus are being \u2018wokesmeared\u2019 16 Feb 2020 It\u2019s unclear why the decision to terminate Wentworth took so long. The university substantiated the first claim of harassment against one of the graduate students in October 2015, and the three women filed formal complaints with state investigators more than a year ago. The university concluded that Wentworth made unwelcome sexual advances against grad student Kathleen Gutierrez, who accused Wentworth of grabbing her hand and saying could lose my job over this \u2026 but I\u2019m just so attracted to you.\u201d He also allegedly came up behind her and wrapped his hands around her head and made offensive comments about a strip club. Erin Bennett, the other grad student, accused Wentworth of inappropriately touching her and making comments about sex during their one-on-one independent study in her first semester at the school. The process of reporting the harassment took a toll on her mental health and led her to take a leave of absence, she said. Wentworth, a tenure-track professor, allegedly told undergraduate student Nicole Hemenway that she was a \u201cgorgeous young woman\u201d, calling her \u201choney bear\u201d and saying that others in the department were \u201cjealous that such beautiful young women are always coming and going from my office\u201d. On Wednesday, Hemenway said that the dismissal would not have happened if the students hadn\u2019t devoted significant resources to fighting the case. \u201cThis firing was our doing. The university gets to put their name on the decision, but they were perfectly happy not doing anything,\u201d she said by phone. \u201cThis was because of student organizing efforts.\u201d Hemenway, 25, noted that the delay in the decision has prevented her from potentially applying to grad school at Berkeley or taking classes on the campus. \u201cThere\u2019s no sign that it\u2019ll be any easier for the next set of women who come forward.\u201d Public records released this year on sexual harassment investigations revealed patterns in how powerful faculty target vulnerable students under their purview. Tenured faculty members have typically avoided serious consequences after the university found they violated policies, resulting in them stepping down only after negative media coverage. \u201cThese actions are part of the University\u2019s continuing effort to eradicate sexual misconduct from our campus,\u201d the university said in a statement on Wednesday. \u201cThe harassment of students by faculty represents an unacceptable breach of the teacher-student relationship and carries the potential for enormous harm.\u201d The university said the dismissal, effective immediately, came after the completion of a \u201cstandard process for adjudication of faculty conduct issues\u201d, which included multiple investigations, reviews and a hearing. Wentworth was relieved of teaching duties in June of 2016 and had been on leave pending the outcome of the disciplinary proceedings. 2/17/25, 2:04 Berkeley professor fired nearly two years after sexual harassment claims substantiated | Sexual harassment | The Guardian 2/5 Most viewed 2/17/25, 2:04 Berkeley professor fired nearly two years after sexual harassment claims substantiated | Sexual harassment | The Guardian 3/5 2/17/25, 2:04 Berkeley professor fired nearly two years after sexual harassment claims substantiated | Sexual harassment | The Guardian 4/5 2/17/25, 2:04 Berkeley professor fired nearly two years after sexual harassment claims substantiated | Sexual harassment | The Guardian 5/5", "7670_102.pdf": "allegations Berkeley professor Blake Wentworth sues amid sex harassment allegations By Jessica Lynn Sep 29, 2016 09/29/16 Update: This article has been updated to reflect additional information from campus, Michael Flynn and Michael Hoffman. Campus professor Blake Wentworth sued the Board of Regents for discrimination and retaliation Wednesday after a slew of sexual harassment allegations against him came to light last spring. Wentworth is also suing three women who have previously come forward with sexual harassment allegations against him for defamation, false light publicity and intentional infliction of emotional distress. Two campus graduate students \u2014 Kathleen Gutierrez and Erin Bennett \u2014 filed sexual harassment complaints with the campus Title office in March 2015 against Wentworth, a professor in the South and Southeast Asian studies, or SSEAS, department. The office found that Wentworth had violated sexual misconduct policy in only Gutierrez\u2019s case. In April, Gutierrez and Bennett filed a state complaint with the Department of Fair Employment and Housing, or DFEH, alleging that the campus mishandled their respective sexual misconduct cases. Then, in May, campus alumna Nicole Hemenway filed lawsuits accusing Wentworth of sexual harassment and the campus of failing to provide a safe work environment. \u201cOnce a professor is branded a 'harasser' in the media or popular opinion, he or she is unlikely to find work as a teacher again,\u201d both lawsuits stated. Wentworth filed a lawsuit against Hemenway on Sept. 20 and filed another lawsuit against Gutierrez, Bennett and their lawyer Michael Flynn, who also represents Hemenway, on Sept. 22. In both the Sept. 22 lawsuit and the lawsuit against the Board of Regents, he alleged that Bennett lodged a complaint \u2014 of which he was notified in November 2014 \u2014 in an attempt to maintain her fellowship after she dropped her independent study class overseen by Wentworth. \u201c(Bennett) never advised him that their conversations or work interfered with her studies or made her uncomfortable,\u201d the lawsuit against the Board of Regents alleged. \u201cAs her emails show, Bennett claimed to be \u2018uncomfortable\u2019 in an effort to save her funding and excuse her academic challenges.\u201d The then department chair, Jeffrey Hadler, referred Bennett\u2019s complaint to the campus Title office 2/17/25, 2:04 Berkeley professor Blake Wentworth sues amid sex harassment allegations | Archives | dailycal.org 1/3 in February 2015, two days after Wentworth \u2014 who has depression and bipolar disorder \u2014 was hospitalized for \u201ca major psychological crisis,\u201d according to the lawsuit against the Board of Regents. Wentworth alleged in the lawsuit that \u201cHadler quickly resurrected Bennett\u2019s meritless assertions as a pretext to build a file on (Wentworth) and get rid of a disabled professor.\u201d According to the Sept. 22 lawsuit, Wentworth had a \u201ccordial, friendly\u201d relationship with Gutierrez and she allegedly never told Wentworth that she found his behavior inappropriate before filing her complaint with the campus Title office. The Sept. 22 lawsuit alleged that she may have fabricated the harassment allegations in an effort to excuse \u201cbad judgments\u201d she said she made in February and March 2015, such as turning in work late and becoming angry with others. \u201cWhy would someone make complaints of sexual harassment and go through the whole ordeal \u2026 having to hire lawyers and deal with media \u2014 why would someone do all that just to distract from their grades?\u201d Flynn said. Additionally, the Sept. 20 lawsuit alleged that Hadler made \u201cveiled remarks\u201d to Wentworth that prompted him to ask Hemenway if his behavior made her uncomfortable. After which, Hemenway allegedly emailed Wentworth, telling him that she did not find his behavior inappropriate big part of why sexual assailants rarely face any kind of legal or disciplinary consequences is because people accuse the victim of lying,\u201d the Sept. 20 lawsuit, which redacted many of Wentworth's email responses, quoted Hemenway as allegedly saying in the email. \u201cWhich is why, in my eyes, anyone who lies about sexual assault is actively moving us backwards in that struggle.\u201d Wentworth is currently on paid leave, according to campus spokesperson Janet Gilmore, as his case has yet to be resolved. In March faculty released a letter condemning the campus\u2019s slowness in investigating the allegations of sexual misconduct against Wentworth. The disciplinary consequences of the campus investigation would allow for \u201cthe full range of sanctions,\u201d including dismissal, campus spokesperson Dan Mogulof previously said in April. Wentworth alleged in the Wednesday lawsuit that the Title office conducted a \u201chunt for \u2018unprofessional conduct.\u2019 \u201d According to the lawsuit, the campus Title office characterized his conversations about Burning Man and drug use in the context of lectures on utopianism as \u201cunprofessional conduct,\u201d and referred to his dog-walking on campus as \u201cmanipulative behavior.\u201d The Sept. 20 and Sept. 22 lawsuits alleged that the victims and Flynn made \u201cprovably false\u201d statements to the media after they brought forward their allegations. Flynn, however, said what he and his clients said to the media were all statements that were made in the lawsuit itself. \u201cAny speech that\u2019s made as part of a judicial proceeding \u2026 is absolutely protected,\u201d Flynn said. Wentworth is suing for an award of compensatory damages \u2014 which he assessed in the lawsuit to be in excess of $25,000 \u2014 as well as the cost of attorneys\u2019 fees and any further relief the court deems just and proper. Earlier this month, former Berkeley School of Law dean Sujit Choudhry also filed 2/17/25, 2:04 Berkeley professor Blake Wentworth sues amid sex harassment allegations | Archives | dailycal.org 2/3 a lawsuit against the Board of Regents for racial discrimination. Choudhry, who the campus Title office found had violated sexual misconduct policy in July 2015, alleged in his lawsuit that the second disciplinary hearing against him is an attempt by the university to \u201cdeflect attention from its failure to meaningfully punish Caucasian faculty and administrators who were found to have committed appalling sexual misconduct.\u201d Michael Hoffman, an attorney for Wentworth, declined to comment on the lawsuit. Check back for updates. [documentcloud url=\" 2/17/25, 2:04 Berkeley professor Blake Wentworth sues amid sex harassment allegations | Archives | dailycal.org 3/3", "7670_103.pdf": "Berkeley students sue university over sexual harassment Erin Bennett, front right, and Kathleen Gutierrez, front left, say they were sexually harassed by a professor Home Israel-Gaza war War in Ukraine Climate Video World Asia Business Tech More World Africa Australia Europe Latin America Middle East & Canada 12 April 2016 Home News Sport Business Innovation Culture Travel 2/17/25, 2:04 Berkeley students sue university over sexual harassment News 1/6 Two students at the University of California, Berkeley, have filed a legal complaint against a professor, alleging he sexually harassed them. Kathleen Gutierrez and Erin Bennett took their case to the California Department of Fair Employment and Housing, saying the university had failed to act. They say Blake Wentworth, an assistant professor, repeatedly touched them and made inappropriate sexual comments. Mr Wentworth denies the allegations. Ms Gutierrez and Ms Bennett, both graduate students, went public with their case at a news conference on the Berkeley campus, near Mr Wentworth's office, on Monday. They say the university failed to take appropriate action against Mr Wentworth, who is an assistant professor of south and south-east Asian studies. Several student groups held rallies on the campus to protest over a series of sexual harassment cases against Berkeley staff. Since October, an astronomer, a law school dean and an assistant basketball coach have resigned from the university over harassment allegations. The White House has made fighting sexual assault a priority, launching a task force for combating sexual assault, and Vice President Joe Biden recently appeared with Lady Gaga to speak on the topic at the University of Nevada. Mr Biden enacted the Violence Against Women act in 1994 and leads the \"It's On Us\" initiative, which urges college campuses to play a more active role in fighting sexual assault. 'Derailed' career Ms Gutierrez, 28, first reported Mr Wentworth to campus authorities a year ago and her allegations were substantiated by campus investigators in October, the Associated Press news agency reports. Ms Bennett, 25, said she had suffered anxiety brought on by Mr Wentworth's presence on campus and was forced to suspend her studies. \"It's been debilitating,\" she told AP. \"It's already derailed my future career, my education.\" 2/17/25, 2:04 Berkeley students sue university over sexual harassment News 2/6 Dan Mogulof, a spokesman for Berkeley, said the allegations against Mr Wentworth were being investigated by the university. Mr Wentworth has been suspended from teaching and barred from the graduate student office and lounge in his department, Mr Mogulof added. Arabelle Malinis, the students' lawyer, said at least five other students had complained to the university about Mr Wentworth. More on this story Top stories astronomer quits over sex scandal 14 October 2015 California adopts sex crime rule 29 September 2014 Rape survivors take on universities 20 February 2014 Starmer 'ready' to put peacekeeping troops in Ukraine as Europe holds emergency talks Can Europe and persuade Trump they're relevant to Ukraine's future? 22 minutes ago Special Forces blocked 2,000 credible asylum claims from Afghan commandos, MoD confirms 8 hours ago 2/17/25, 2:04 Berkeley students sue university over sexual harassment News 3/6 More to explore Elsewhere on the Can Europe and persuade Trump they're relevant to Ukraine's future? 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The is not responsible for the content of external sites. Read about our approach to external linking. 2/17/25, 2:04 Berkeley students sue university over sexual harassment News 6/6", "7670_104.pdf": "v (2024) Court of Appeal, First District, Division 4, California WENTWORTH, Plaintiff and Appellant, v CALIFORNIA, Defendant and Respondent. A168296, A168861 Decided: October 23, 2024 (unmodified opn. attached COURT: It is ordered that the opinion filed herein on September 30, 2024, be modified as follows: 1. On page 11, the last sentence of the second paragraph that reads, \u201cTiwon emailed her notes of the meeting to a staff member to be distributed to students.\u201d is changed to: \u201cTiwon emailed her notes of the meeting to a student to give to other students.\u201d 2. On page 37, the first sentence of the first full paragraph that reads, \u201cRegents do not dispute that they can be held liable for the statements at the April 2016 meeting.\u201d is changed to: \u201cFor the purposes of this appeal, Regents do not dispute that they can be held liable for the statements at the April 2016 meeting.\u201d \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/17/25, 2:04 v (2024) | FindLaw 1/38 3. On page 37, the fourth sentence of the first full paragraph that reads, \u201cBut there were other people present at the meeting, and Tiwon emailed her notes of the meeting to be distributed to all students in the department.\u201d is changed to: \u201cBut there were other people present at the meeting, and Tiwon emailed her notes of the meeting to be given to other students in the department.\u201d 4. On page 38, the third sentence of the first full paragraph that reads, \u201cAdditionally, the notes of the meeting were later circulated to students in the department, and there is no evidence that all these recipients knew about the investigations.\u201d is changed to: \u201cAdditionally, the notes of the meeting were later sent to a student to give to other students in the department, and there is no evidence that all students knew about the investigations.\u201d 5. On page 39, the first sentence of the first paragraph that reads, \u201cAs with the disclosures at the April 2016 meeting, Regents do not dispute that the leaks of the letter to the San Francisco Chronicle and Daily Californian can be attributed to them.\u201d is changed to: \u201cAs with the disclosures at the April 2016 meeting, for the purposes of this appeal Regents do not dispute that the leaks of the letter to the San Francisco Chronicle and Daily Californian can be attributed to them.\u201d 6. On page 61, the following text shall be added at the end of the last paragraph, after the sentence that reads, \u201cThe trial court should also consider the importance or significance of the entire personnel file to Wentworth's overall case, not just the significance of the March 2016 letter.\u201d \u201cUnder the unique circumstances of this case, the jury verdict against Wentworth on the personnel file cause of action does not on its own foreclose Wentworth's ability to recover fees under either the traditional or catalyst theories. The verdict was essentially the result of an unforced error by Wentworth and did not address the merits of Wentworth's factual contentions regarding his personnel file. It therefore does not preclude a finding that Wentworth achieved victory in a practical sense or achieved his primary litigation goals when he obtained his complete personnel file only after filing suit and moving to compel production of documents. (See Harbor v. Deukmejian (1987) 43 Cal.3d 1078, 1103 [affirming denial of petition for writ of mandate but holding the petitioners were nonetheless successful and entitled to attorney's fees under Code Civ. Proc., \u00a7 1021.5 because they vindicated an important legal principle].)\u201d There is no change in judgment. The petition for rehearing is denied. 2/17/25, 2:04 v (2024) | FindLaw 2/38 Blake Wentworth, formerly a professor at the University of California, Berkeley, appeals from trial court orders granting defendant Regents of the University of California (Regents) summary adjudication of three causes of action under the Fair Employment and Housing Act (Gov. Code, \u00a7 12940 et seq.) (FEHA) and Information Practices Act (Civ. Code, \u00a7 1798 et seq.) (IPA), denying Wentworth's motion to compel responses to certain discovery requests, and denying Wentworth's request for a retrial of one cause of action for which the jury left the verdict form blank.1 In a separate consolidated appeal, Wentworth attacks a postjudgment order denying his requests for attorney's fees and costs. Wentworth fails to demonstrate any prejudicial error as to his claims for failure to engage in the interactive process or provide reasonable accommodations, so we affirm the summary adjudication order as to those claims. We also find no error in the trial court's orders denying Wentworth's motion to compel responses to discovery requests and motion for retrial. The summary adjudication of the invasion of privacy cause of action must be reversed, however, because Wentworth's evidence raises a triable issue of material fact about whether Regents violated the by leaking to the media a letter about student complaints against him and disclosing information about his disability accommodation at a faculty and student meeting. Because we reverse the summary adjudication of the invasion of privacy cause of action, we must also reverse the rulings on the request for attorney's fees and costs. We will remand for further proceedings We begin with a general overview of the factual and procedural background of the case. We discuss additional background for some of Wentworth's arguments in the relevant discussion sections, post. Hiring, initial complaints, and hospitalization Regents hired Wentworth in 2012 as an assistant professor in the department of South and Southeast Asian Studies (department) at the University of California, Berkeley. The essential functions of the job of professor are teaching, research, and service to the department and profession. Assistant professors like Wentworth receive an appraisal called a mid-career review after seven semesters of work, before being considered for tenure after 11 semesters. Wentworth had conversations with a fellow professor, Jacob Dalton, about therapy because Wentworth's wife was unhappy. In June 2014, Wentworth wrote to Jeffrey Hadler, who was chair of the department at the time, explaining that he was late in submitting his statement for a review because his marriage was in jeopardy. Wentworth said he was suffering but would pull through. In November 2014, Hadler told Wentworth that a graduate student, Erin Bennett, had made an informal complaint that Wentworth had made her uncomfortable. Hadler conducted an investigation and believed 2/17/25, 2:04 v (2024) | FindLaw 3/38 he resolved the complaint to the satisfaction of the student. During conversations related to the complaint, Wentworth told Hadler that he had been diagnosed with bipolar disorder. In February 2015, Wentworth was hospitalized after attempting to commit suicide. Wentworth's mother called Hadler to tell him that Wentworth was in the hospital. The next day, Wentworth's mother told Hadler that Wentworth would be back at work the following week. The following week, Hadler tried to stop by one of Wentworth's classes but found the classroom dark. However, Hadler may have arrived too early. Wentworth confirmed to Hadler that he had resumed teaching and said he intended to \u201cman up and teach [his] classes, fulfill [his] duties, etc.\u201d Hadler asked to meet because he was not sure how Wentworth's bipolar condition would affect Wentworth's ability to do his job. Hadler noted that Wentworth had been unable to write a letter to nominate a potential graduate student for a university fellowship and had then missed a week of classes without notice. Hadler said he wanted to explore with Wentworth whether there were any accommodations that would allow him to fulfill the essential functions of his job. Hadler suggested that Wentworth review the processes for faculty accommodations. Wentworth agreed to meet but initially resisted any suggestion that his disability would require accommodations, telling Hadler that it was not appropriate to suggest that Wentworth's mental condition required accommodation. Wentworth insisted that his problems were due only to his wife leaving him. At the meeting, Wentworth asked Hadler about the possibility of teaching through the end of the semester and then taking a research leave. Wentworth told Hadler that teaching was the only thing keeping him from \u201cgoing over the edge.\u201d But Wentworth knew that the university did not offer research leave. Instead, the university offers sabbatical leave for intensive, fulltime research after accumulation of a sufficient number of service credits. The university therefore does not offer sabbatical leave as a disability accommodation. Disability accommodations the university offers include the elimination of non-essential functions, paid and unpaid leaves of absence, proportional reductions of duties and compensation, and modifying work schedules. The university usually recommends paid medical leave for faculty who cannot perform an essential function such as teaching. The university offers new parent professors an accommodation called active service modified duty in which the professor is partially or fully relieved from teaching duties. But the university does not offer this as a disability accommodation. Consistent with these policies, during the February 2015 meeting, Hadler offered Wentworth a medical leave, which would involve relieving him of all duties; stopping his tenure clock, which would require him to continue to teach and perform other duties but push back his deadline for completing a body of research for consideration for tenure purposes; and other accommodations. In an email after the meeting, Wentworth thanked Hadler for the \u201cdeeply humane\u201d conversation and said Hadler could get in touch with his doctor about his prognosis. Hadler responded that Wentworth simply needed to provide medical documentation of the limits of his condition. Hadler also told Wentworth to 2/17/25, 2:04 v (2024) | FindLaw 4/38 discuss with his doctors what would be best for him, such as medical leave, stopping his tenure clock, or a request for accommodations. Hadler provided Wentworth a copy of the university's procedures for providing accommodations. By early April 2015, other students had complained about Wentworth's behavior. Kathleen Gutierrez told Hadler that in February 2015 Wentworth had held her hand, cupped her ear, talked about his personal life, and said he would talk more but was attracted to her and worried about losing his job. When Gutierrez told Wentworth she was not interested in a romantic or sexual relationship with him, Wentworth hinted that he could be helpful with her career. At a meeting in early April about the student complaints, Wentworth told Hadler he intended to seek stoppage of his tenure clock. In a follow-up email a week later, Hadler told Wentworth that if he intended to request stoppage of his tenure clock without taking a medical leave, the university would consider it if an illness had significantly hampered his ability to advance in research. Hadler added that a doctor's letter, while not always required, would be very helpful. Hadler advised Wentworth to begin the process before mid-July 2015 to stop the clock before his upcoming mid-career review. Hadler attached to his email a formal letter summarizing their discussions at the meeting about student complaints about Wentworth's conduct. As described in the letter, Wentworth had agreed to sign an agreement not to contact Bennett. One graduate student had alleged that Wentworth made aggressive and vulgar comments to her about her thesis. Students had complained that Wentworth discussed his marital, intimate, or sexual life during an independent study and graduate seminar. All of the graduate students in his spring 2015 seminar had dropped the class, so the class was canceled. Students and faculty had complained that Wentworth had missed meetings of a curriculum committee, disparaged the work of other faculty, and discussed sexual acts and praised the use of illegal drugs in remarks in the graduate student instructors\u2019 room and within earshot of undergraduates. Hadler also said in the letter that he had been disappointed that Wentworth had failed to complete a letter nominating a student for a fellowship. Later in April 2015, Wentworth's doctors wrote notes stating that his partial disability prevented him from satisfying the research component of his duties. In June 2015, Wentworth submitted these notes with a formal request to stop his tenure clock for two semesters because his bipolar disorder made productive research impossible for him. Janet Broughton, the university's Vice Provost for the Faculty, approved Wentworth's request in July 2015, before his mid-career review. Investigation, new complaints, and media reports In October 2015, the university's Office for the Prevention of Harassment and Discrimination (OPHD) completed a report into the complaints by Bennett and Gutierrez, which also summarized allegations other students had raised found that Wentworth's behavior toward Bennett was unprofessional 2/17/25, 2:04 v (2024) | FindLaw 5/38 and exceeded personal boundaries but did not constitute sexual harassment further found that Wentworth's behavior with Gutierrez violated the university's policy against sexual harassment and forwarded the issue to Broughton provided its report to Bennett and Gutierrez. Bennett was upset about the lack of a finding on her complaint and told Hadler and others she had dropped out of her program and wanted to go to the press. Jacob Dalton had taken over from Hadler as chair of the department. Hadler asked Dalton whether, in light of the finding, the department should be informed and hold a vote to show the graduate students that the department was taking the issue seriously. Broughton advised Dalton and Hadler that while they as the former and current department chairs were privy to confidential personnel matters like the report's existence and findings, the report was still confidential as to other faculty members. She also informed them that sanctions against faculty members proceeded by first appointing faculty investigators and then, depending on the investigators\u2019 conclusions, referring the matter to the Academic Senate. Hadler asked Dalton privately whether it would take a public scandal and disgrace before the university would really act. Broughton appointed two faculty members to investigate Wentworth's alleged misconduct and determine whether it violated the faculty code of conduct. In February 2016, an undergraduate student made new allegations of sexual harassment by Wentworth. These allegations were forwarded to the same faculty investigators as the prior ones. Also in early 2016, Bennett discussed her experience with Melissa Batchelor Warnke, a freelance reporter and graduate student at the university's journalism school. Bennett arranged for Warnke to meet Gutierrez. In March 2016, when department faculty knew that an article Warnke had written was about to be published, faculty members wrote a letter to Dalton as the department chair. Without mentioning Wentworth by name, the letter stated that seven students had made allegations against a department faculty member and that six of the students\u2019 complaints \u201cwere either dismissed or shut down by OPHD.\u201d The letter's signatories believed that the complaints deserved a fuller hearing. They also noted that the one complaint that had gone forward had been filed by the student in April 2015 and the student had not reported to an ad-hoc committee (apparently referring to faculty investigators) until March 2016. The letter's signatories asked Dalton, as the chair, to take immediate action to enforce the faculty code of conduct and ensure that students could learn in an environment free of sexual harassment and sexual violence. During the litigation of this case, Regents initially produced a copy of this letter signed by department faculty members Hadler, Penny Edwards, Munis Faruqui, Sylvia Tiwon, Robert Goldman, and Alexander von Rospatt, but deposition testimony later showed this letter was not the original. Regents produced a different version of the letter, substantively identical, that was signed only by Hadler, Edwards, Faruqui, and Tiwon. Dalton personally handed Broughton the original hard copy of this letter, who placed it in a 2/17/25, 2:04 v (2024) | FindLaw 6/38 locked cabinet in her office with confidential information about Wentworth. Broughton later testified that she did not view the letter itself as confidential. Three days later, Broughton expected that the San Francisco Chronicle would be publishing Warnke's article about Wentworth within days. Broughton and department faculty wanted to tell Wentworth about the article and check up on him because of his mental disability. They also expected that Wentworth would not want to come to campus after the article. At Broughton's request, von Rospatt went uninvited to Wentworth's home to encourage him to go on leave. Wentworth wanted to keep teaching few days later, Broughton told von Rospatt that if Wentworth wanted to teach, von Rospatt would have to sit in the classroom as a monitor or observer. Von Rospatt communicated this to Wentworth. Wentworth said he would think about it. He stopped teaching his classes while he considered the condition of a monitor. Broughton and Dalton therefore removed Wentworth from teaching. While these discussions were taking place, at the end of March 2016, the San Francisco Chronicle published Warnke's article. (Warnke harassment inquiry shows system's shortcomings, faculty say, S.F. Chronicle (Mar. 28, 2016).) Warnke wrote the article with the assistance of professors in the university's journalism school. The article opened with a description of the March 2016 letter from the department professors to Dalton that had been delivered to Broughton. The article quoted Hadler as saying, \u201cI'm tired of being told to keep my mouth shut and let the wheels of justice turn, because they're turning pretty slowly.\u201d (Ibid.) The article then said the letter was about Wentworth. The article also quoted Tiwon, another of the letter's signatories. The article named Bennett, Gutierrez, and three other students as complainants. After the publication of the article, Warnke said in an interview that she had reviewed \u201ca ton, a ton, a ton of emails, notes from meetings, agendas, [and] the case files themselves\u201d when researching the article. Broughton acknowledged in a meeting with faculty a few days after the publication of the article that the disclosure of the March 2016 letter violated confidentiality day later, von Rospatt, one of the professors who signed the letter, asked Edwards, another signer of the letter, to send a copy of the letter to a reporter at the Daily Californian. The Daily Californian then published its own article, describing the letter and noting that Dalton had passed it on to Broughton. (Dell'Amico, Faculty members condemn slow investigation of sexual harassment investigations, The Daily Californian (Mar. 31, 2016).) This article again named Wentworth as the professor referred to in the faculty letter. The article quoted Tiwon and an attorney representing Bennett and Gutierrez. Dalton called a department meeting of faculty and students in April 2016, about two weeks after the articles came out. According to contemporaneous notes of the meeting, Dalton said that 10 students had complained to and that he had turned over his journal, but that Broughton had told him everything was confidential. When one person remarked that it had been obvious that Wentworth was \u201cbarely hanging on\u201d and \u201ccouldn't deal with the stresses in his personal life,\u201d Hadler said that he had 2/17/25, 2:04 v (2024) | FindLaw 7/38 offered Wentworth paid medical leave and Wentworth had refused it. Hadler noted that he had not been in a position to force Wentworth to take it or even recommend it. Later in the meeting, Dalton said that Wentworth had been offered leave but refused and then did not show up for his classes. Tiwon emailed her notes of the meeting to a staff member to be distributed to students. Non-reappointment and dismissal Also in April 2016, Wentworth's counsel sent a letter to Broughton notifying her that Wentworth would file a disability harassment action and asking for copies of his personnel and other employment records. Regents did not produce Wentworth's personnel file until February 2017, after Wentworth had filed his complaint. In late May 2016, the faculty investigators issued a report describing their findings. The report mentioned that Wentworth had missed classes and failed to write the fellowship nomination letter. The bulk of the report, however, focused on the sexual harassment and other complaints about Wentworth's behavior. The investigators concluded that the allegations against Wentworth were credible and, if true, would violate the university's policy on sexual harassment and the faculty code of conduct. The investigators recommended that Wentworth be dismissed based on the totality of his misconduct in a variety of settings over a long period of time. The next month, Wentworth was notified that a formal complaint would be filed with the Academic Senate's Committee on Privilege and Tenure. At the same time began investigating a new complaint against Wentworth by a different student, Nicole Hemenway.2 In October 2016, Dalton, as chair of the department, recommended to the relevant dean that the university not reappoint Wentworth at the end of his contract. Dalton acknowledged that Wentworth had glowing comments on his student evaluation forms. But he recommended that Wentworth not be reappointed based on information in Hadler's notes about Wentworth's alleged conduct and the various students\u2019 complaints against him. Dalton also noted that Wentworth failed to fulfill his teaching responsibilities throughout the spring of 2015, citing specifically the instance after Wentworth's hospitalization when Hadler had found no one in Wentworth's classroom but may have arrived too early. The Academic Senate committee held a hearing in December 2016 on the faculty investigators\u2019 dismissal recommendation. One of the issues on the agenda for the hearing was to determine whether Wentworth had violated the faculty code of conduct by failing to teach class as scheduled and failing to complete the fellowship nomination letter. In January 2017, the dean concurred in Dalton's recommendation that Wentworth not be reappointed and passed it on to the chancellor for the final decision. The dean noted that Wentworth had no research activity to assess and a poor record of service on committees. The dean also cited the complaints of \u201cunfulfilled teaching responsibilities,\u201d inappropriate discussions, and unacceptable behavior towards 2/17/25, 2:04 v (2024) | FindLaw 8/38 students. The Chancellor denied reappointment, with the decision to take effect in June 2018, pursuant to the university's policy of giving 12 months\u2019 notice of non-reappointments. In April 2017, the Academic Senate issued a report on the disciplinary case against Wentworth. The Academic Senate committee concluded that Wentworth violated the sexual harassment policy and failed to strive to be objective in his judgment of colleagues when advising students. The committee found these violations warranted dismissal. The committee found that Wentworth had failed to meet classes as scheduled and had failed to complete the fellowship nomination letter but that those lapses were not numerous or serious enough to violate the faculty code of conduct. The Chancellor terminated Wentworth in May 2017. Litigation Wentworth filed this action against Regents in September 2016. He amended his complaint twice after Regents denied him reappointment and terminated him. As amended, the complaint stated six causes of action under FEHA: (1) disability harassment; (2) disability discrimination; (3) retaliation; (4) failure to engage in the interactive process; (5) failure to provide reasonable accommodation; and (6) failure to prevent discrimination, harassment, and retaliation. Wentworth also alleged causes of action for (7) wrongful discharge under Labor Code section 1102.5, which prohibits various forms of retaliation against employees; (8) failing to allow him to inspect and copy his personnel file, in violation of section 1798.34, Government Code section 31011, and Labor Code section 1198.5; and (9) invasion of privacy in violation of the California Constitution and the IPA. The trial court denied Wentworth's motion to compel Regents to respond to discovery requests seeking communications with Warnke and the journalism school relating to the publication of Warnke's article in the San Francisco Chronicle. The trial court granted summary adjudication of Wentworth's causes of action for failure to engage in the interactive process, failure to provide reasonable accommodations, and invasion of privacy. Wentworth's remaining causes of action went to trial before a jury. The trial was delayed and took place remotely due to the pandemic. The jury returned a special verdict in favor of Regents on all of Wentworth's causes of action except for the cause of action for failure to disclose his personnel file. The verdict form told the jury not to answer the questions relating to that cause of action, and they did not. The trial court denied Wentworth's motion for a directed verdict or retrial of the personnel file cause of action. The trial court entered judgment on the special verdict and summary adjudication order. Wentworth appealed. Wentworth moved for an award of attorney's fees and costs on the personnel file cause of action. The trial court denied the request for fees and costs. Wentworth appealed that order separately. We consolidated the appeals on our own motion. 2/17/25, 2:04 v (2024) | FindLaw 9/38 Wentworth challenges trial court orders from different stages of the proceedings, ranging from discovery to summary adjudication to post-trial. We will address each argument in turn. However, we begin with one overarching flaw in Wentworth's briefing that undermines Wentworth's arguments. I. Inadequate record citations California Rules of Court, rule 8.204(a)(1)(C) states that each appellate brief must \u201c[s]upport any reference to a matter in the record by a citation to the volume and page number of the record where the matter appears.\u201d (Italics added.) It is an elementary principle of appellate practice that this requirement applies to every factual reference in a brief. \u201c \u2018Any statement in a brief concerning matters in the appellate record \u2014 whether factual or procedural and no matter where in the brief the reference to the record occurs \u2014 must be supported by a citation to the record.\u2019 \u201d (Professional Collection Consultants v. Lauron (2017) 8 Cal.App.5th 958, 970, italics added and omitted.) The Courts of Appeal \u201chave the discretion to disregard contentions unsupported by proper page cites to the record\u201d (ibid.) and will conclude that parties forfeit arguments by failing to support statements in the argument section of a brief with record citations. As National Title Ins. Co. v. Wells Fargo Bank, N.A. (2020) 51 Cal.App.5th 881, 894 National Title) stated, \u201cRather than scour the record unguided, we may decide that the appellant has forfeited a point urged on appeal when it is not supported by accurate citations to the record.\u201d That court found an appellant forfeited several challenges to a summary judgment ruling because the appellant failed to support them with record citations. (Id. at p. 895.) Summary judgment cases like National Title and this one demonstrate why the rule exists. The record in these consolidated cases is considerable, stretching to 17 volumes and over 5000 pages of appellant's appendix. Wentworth's arguments largely turn on the specific evidence and arguments before the trial court. While Wentworth provides record citations for the factual background section of his brief, seldom does he provide record citations in the argument sections of his briefs. Thus, to find the record evidence supporting the factual assertions Wentworth makes in his arguments, we must comb through Wentworth's briefs to try to find portions of the factual background that correspond to the argument's factual statements and then check the supporting record citations. This violates the California Rules of Court and imposes a significant burden on the court's resources. Moreover, Regents had to do the same when drafting its respondent's briefs, at the risk of potentially missing connections between the factual background and argument sections of Wentworth's brief.3 This is improper. We could choose to find Wentworth forfeited his arguments by failing to comply with the basic requirement of record citations National Title, supra, 51 Cal.App.5th at pp. 894\u2013895.) Nonetheless, we have attempted to determine and address, as best we can, the factual support for Wentworth's positions. However, given his deficient briefing, Wentworth has forfeited the right to 2/17/25, 2:04 v (2024) | FindLaw 10/38 complain in a petition for rehearing if this opinion fails to address any particular evidence bearing on his arguments. II. Summary adjudication defendant making the motion for summary adjudication has the initial burden of showing that the cause of action lacks merit because one or more elements of the cause of action cannot be established or there is a complete defense to that cause of action. [Citations.] If the defendant fails to make this initial showing, it is unnecessary to examine the plaintiff's opposing evidence and the motion must be denied. However, if the moving papers establish a prima facie showing that justifies a judgment in the defendant's favor, the burden then shifts to the plaintiff to make a prima facie showing of the existence of a triable material factual issue.\u201d [Citation prima facie showing is one that is sufficient to support the position of the party in question.\u201d \u2019 \u201d (Wilson v. County of San Joaquin (2019) 38 Cal.App.5th 1, 9.) \u201cThere is a genuine issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof.\u201d (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 845.) On appeal, \u201c \u2018[w]e review the record and the determination of the trial court de novo.\u2019 \u201d (Wilson v. County of San Joaquin, supra, 38 Cal.App.5th at p. 9.) We likewise review the interpretation of statutes de novo. (Ibid.) The trial court's reasons for its ruling \u201care not binding on us because we review its ruling, not its rationale.\u201d (Ram's Gate Winery v. Roche (2015) 235 Cal.App.4th 1071, 1079.) We \u201cmust affirm on any ground supported by the record.\u201d (Jimenez v. County of Los Angeles (2005) 130 Cal.App.4th 133, 140.) A. Reasonable accommodation and interactive process 1. Legal background \u201cUnder [Government Code] section 12940, it is an unlawful employment practice \u2018to fail to make reasonable accommodation for the known physical or mental disability of an applicant or employee\u2019 unless the employer demonstrates doing so would impose an undue hardship. ([Gov. Code,] \u00a7 12940, subd. (m).)\u201d (Wilson v. County of Orange (2009) 169 Cal.App.4th 1185, 1192.) Looking to analogous federal law, California courts have construed \u201creasonable accommodation to mean \u2018a modification or adjustment to the workplace that enables the employee to perform the essential functions of the job held or desired.\u2019 \u201d (Scotch v. Art Institute of California (2009) 173 Cal.App.4th 986, 1010.) \u201cThe examples of reasonable accommodations in the relevant statutes and regulations include reallocating nonessential functions or modifying how or when an employee performs an essential function, but not eliminating essential functions altogether does not obligate the employer to accommodate the employee by excusing him or her from the performance of essential functions.\u201d (Nealy v. City of Santa Monica (2015) 234 Cal.App.4th 359, 375, superseded by statute on other grounds as stated in Ruiz v. ParadigmWorks Group, Inc. (9th Cir. 2019) 787 Fed.Appx. 384, 386.) 2/17/25, 2:04 v (2024) | FindLaw 11/38 \u201cAn employer or other covered entity is required to consider any and all reasonable accommodations of which it is aware or that are brought to its attention by the applicant or employee, except ones that create an undue hardship. The employer or other covered entity shall consider the preference of the applicant or employee to be accommodated, but has the right to select and implement an accommodation that is effective for both the employee and the employer or other covered entity.\u201d (Cal. Code Regs., tit. 2, \u00a7 11068, subd. (e); accord, Hanson v. Lucky Stores, Inc. (1999) 74 Cal.App.4th 215, 228 [\u201cThe employer is not obligated to choose the best accommodation or the accommodation the employee seeks\u201d].) When \u201cthe disability or the need for accommodation is not obvious\u201d and the employer requests it, an employee must provide reasonable medical documentation to confirm the employee's relevant limitations. (Cal. Code Regs., tit. 2, \u00a7 11069, subd. (d)(1).) \u201cThe imposes an additional duty on the employer \u2018to engage in a timely, good faith, interactive process with the employee \u2024 to determine effective reasonable accommodations \u2024\u2019 ([Gov. Code,] \u00a7 12940, subd. (n).)\u201d (Wilson v. County of Orange, supra, 169 Cal.App.4th at p. 1193.) \u201cThe failure to accommodate and the failure to engage in the interactive process are separate, independent claims involving different proof of facts.\u201d (A.M. v. Albertsons (2009) 178 Cal.App.4th 455, 463\u2013464.) \u201c \u2018[T]he interactive process of fashioning an appropriate accommodation lies primarily with the employee.\u2019 [Citation.] An employee cannot demand clairvoyance of his employer. [Citation.] \u2018 \u201c[T]he employee can't expect the employer to read his mind and know he secretly wanted a particular accommodation and sue the employer for not providing it\u2024\u201d \u2019 [Citation.] \u2018It is an employee's responsibility to understand his or her own physical or mental condition well enough to present the employer at the earliest opportunity with a concise list of restrictions which must be met to accommodate the employee.\u2019 \u201d (King v. United Parcel Service, Inc. (2007) 152 Cal.App.4th 426, 443.) 2. Analysis Regents\u2019 summary adjudication motion was aimed at the issues of whether Regents failed to engage in the interactive process and reasonably accommodate Wentworth's disabilities. An employer \u201c \u2018cannot prevail on summary judgment on a claim of failure to reasonably accommodate unless it establishes through undisputed facts that (1) reasonable accommodation was offered and refused; (2) there simply was no vacant position within the employer's organization for which the disabled employee was qualified and which the disabled employee was capable of performing with or without accommodation; or (3) the employer did everything in its power to find a reasonable accommodation, but the informal interactive process broke down because the employee failed to engage in discussions in good faith.\u2019 \u201d (King v. United Parcel Service, Inc., supra, 152 Cal.App.4th at pp. 442\u2013443.) To support its motion, Regents pointed to evidence that after Wentworth's hospitalization for a suicide attempt, Hadler emailed and met with Wentworth and offered different accommodations, including stopping his tenure clock. Wentworth did not tell Hadler he was unable to teach; to the contrary, he asked 2/17/25, 2:04 v (2024) | FindLaw 12/38 to continue to teach and said that teaching was the only thing keeping him from \u201cgoing over the edge.\u201d Similarly, after Hadler asked Wentworth to provide medical documentation of the functional limitations of his condition, Wentworth and his doctors only said he was unable to perform research, not unable to teach. The university approved Wentworth's request to stop his tenure clock in July 2015, which gave him more time to perform the research needed for his mid-career review. This evidence is sufficient to establish that Regents engaged in the interactive process in good faith and offered an accommodation that would reasonably meet Wentworth's needs as he identified them. Wentworth offers four reasons why there was a dispute of fact over the reasonableness of Regents\u2019 accommodations and engagement in the interactive process, but none has merit. a. Excusing absences and failure to complete nomination letter First, Wentworth contends Regents should have accommodated him by excusing his absences and failure to complete a nomination letter related to his hospitalization, which were part of his disability. He argues Regents instead punished him for that conduct when Hadler disciplined him, Regents denied him reappointment, and university investigators and the Academic Senate recommended termination. Wentworth views this discipline as chilling the interactive process. There is some evidence in the record, albeit slim, to support this argument. But as Wentworth himself notes, this aspect of his failure to accommodate claim is a reformulation of another claim in his complaint that Regents discriminated against him by subjecting him to the same adverse employment actions because of his disability. (Humphrey v. Memorial Hospitals Ass'n (9th Cir. 2001) 239 F.3d 1128, 1139 [failure to accommodate and unlawful termination claims are often, \u201cfrom a practical standpoint, the same\u201d because \u201cthe consequence of the failure to accommodate is \u2024 frequently an unlawful termination\u201d]; Guz v. Bechtel National, Inc. (2000) 24 Cal.4th 317, 354 [\u201cBecause of the similarity between state and federal employment discrimination laws, California courts look to pertinent federal precedent when applying our own statutes\u201d].) The jury rejected the discrimination claim, concluding that Wentworth's disability was not a substantial motivating reason for the university's adverse employment actions. Wentworth tries to avoid the significance of this finding by arguing that appellate review of a summary judgment or adjudication is limited to the evidence submitted with the motion papers and does not consider evidence from trial or other proceedings in the case. (Lewis v. City of Benicia (2014) 224 Cal.App.4th 1519, 1524, fn.4.) But to obtain a reversal of the summary judgment order, Wentworth must demonstrate prejudice, meaning a reasonable probability of a more favorable outcome. (Californians for Population Stabilization v. Hewlett-Packard Co. (1997) 58 Cal.App.4th 273, 294 (Californians for Population Stabilization), disapproved on other grounds by Cortez v. Purolator Air Filtration Products Co. (2000) 23 Cal.4th 163; Waller v. TJD, Inc. (1993) 12 Cal.App.4th 830, 833 [\u201cWhen the trial court commits error in ruling on matters relating to pleadings, procedures, or other preliminary matters, reversal can generally be predicated thereon only if the appellant can show resulting prejudice, and the probability of 2/17/25, 2:04 v (2024) | FindLaw 13/38 a more favorable outcome, at trial\u201d].) Wentworth cannot prove prejudice from any error in summarily adjudicating Wentworth's claim on theories that overlap with the theories rejected in the jury's verdict, which Wentworth does not challenge. (Californians for Population Stabilization, at p. 294 [where one defendant's liability was derivative of second defendant's and trial court correctly ruled in trial that second defendant was not liable, any errors in grant of summary judgment to first defendant could not be prejudicial]; see Waller v. TJD, Inc., at p. 833 [denial of defendant's summary judgment motion not prejudicial when jury later returns verdict against defendant]; Paterno v. State of California (1999) 74 Cal.App.4th 68, 102-103, 105\u2013109 [error in directing verdict on nuisance theory was not shown to be prejudicial where jury found against plaintiff on overlapping negligence theory].) There is some scant authority rejecting the application of harmless error at the summary judgment stage, but it is not persuasive. Hawkins v. Wilton (2006) 144 Cal.App.4th 936, 947 remarked, \u201cIt has been said that the erroneous granting of a summary judgment motion \u2018lies outside the curative provisions\u2019 of the harmless error provision of the California Constitution because such an error denies a party of its right to a jury trial.\u201d However, the authorities cited in Hawkins date to an earlier era of summary judgment jurisprudence when summary judgment was viewed with disfavor. (Ibid. [citing cases decided in 1962, 1975, and 1985]; Perry v. Bakewell Hawthorne (2017) 2 Cal.5th 536, 542 [before 1992, summary judgment \u201cwas more disfavored than it is today\u201d; it \u201cis now seen as \u2018a particularly suitable means to test the sufficiency\u2019 of the plaintiff's or defendant's case\u201d].) Additionally, relying on a jury verdict to establish a lack of prejudice from the granting of a summary adjudication motion on an overlapping theory does not deny a plaintiff the right to a jury trial. Borman v. Brown (2021) 59 Cal.App.5th 1048, 1069\u20131070 rejected an argument that a jury's verdict on one claim made nonprejudicial an erroneous grant of summary adjudication of another claim based on overlapping evidence, but the court was evidently unaware of Californians for Population Stabilization or Waller v. TJD, Inc. (Borman, at p. 1070 [\u201cWe are aware of no authority, and defendants cite none, that supports the proposition that a party must demonstrate that it is reasonably probable that the party would obtain a positive result at trial, in order to obtain reversal of a summary adjudication order where the party has presented evidence demonstrating the existence of a triable issue of fact\u201d].) Additionally, in Borman there was at most an overlap in evidence \u201cto some degree\u201d (ibid.) between the two claims. (Id. at p. 1050, fn. 3, 1053\u20131054.) The overlap of Wentworth's theories here is more significant and touches both the evidence and the legal concepts of whether the adverse employment actions against Wentworth constitute a failure to accommodate or to engage in the interactive process. Borman is distinguishable. b. Research leave and active service modified duty Second, Wentworth argues there is evidence that Regents should have engaged further with the interactive process and offered to accommodate his disability by offering him research leave or active 2/17/25, 2:04 v (2024) | FindLaw 14/38 service modified duty, so that he would not need to teach and could focus on research and writing. Wentworth also asserts Regents improperly delayed in offering an accommodation between February and July 2015, until he made a formal, written request. The record does not support these arguments. On the timing question, after his hospitalization in the first week of February 2015, Wentworth initially resisted any suggestion that his disability would require accommodations, telling Hadler that he would \u201cman up and teach his classes\u201d and that it was \u201cinappropriate\u201d of Hadler to suggest that Wentworth's mental condition required accommodation. Wentworth insisted that his problems were due only to his wife leaving him. After Hadler gave Wentworth options for accommodations and told him to provide medical documentation of his limitations, Wentworth did nothing until April, when he suggested he intended to stop his tenure clock. Hadler looked into the issue, suggested again that a doctor's note would be helpful, and urged Wentworth to submit a request quickly. Wentworth's doctors wrote notes within a week of this meeting, but Wentworth did not submit them with a formal request until June 2015. The only reasonable interpretation of this evidence is that any delay was of Wentworth's making. As for research leave and active service modified duty, Wentworth and his doctors told Regents only that Wentworth's disability impaired his ability to conduct research. It would make little sense for Regents to place Wentworth on research leave or active service modified duty to focus on the one function that he could not perform, given that Wentworth asked to continue to teach and told Hadler that teaching was the only thing keeping him from \u201cgoing over the edge.\u201d Moreover, even if Regents could have accommodated Wentworth's inability to conduct research while teaching by relieving him of teaching duties and giving him time to focus exclusively on research, Regents was not obligated to offer research leave or active service modified duty if stopping his tenure clock was also a reasonable accommodation. (Hanson v. Lucky Stores, Inc., supra, 74 Cal.App.4th at p. 228 [\u201c \u2018[A]n employee cannot make his employer provide a specific accommodation if another reasonable accommodation is instead provided\u2019 \u201d].) c. Stopping tenure clock Third, Wentworth disputes the trial court's conclusion that undisputed evidence showed that stoppage of his tenure clock was a reasonable accommodation. He contends that delaying his tenure review for a year maintained his daily tasks and burdens and did not accommodate the impairment to his ability to research and write. But stopping a tenure clock eases a professor's burden of working on research by giving more time to amass a body of research before the mid-career review. It was therefore directly aimed at accommodating Wentworth's inability to research and write effectively on a daily basis. Wentworth insists that delaying his tenure review for a year did not allow him to reach tenure at the same pace as non-disabled peers. This amounts to an argument that Regents should have waived the obligation to conduct the normal amount of research and allowed Wentworth to progress towards tenure at the same pace as his peers despite the lack of comparable quantities of research. But research is one 2/17/25, 2:04 v (2024) | FindLaw 15/38 of the essential functions of a professor, along with teaching and service to the school community. \u201c[E]limination of an essential function is not a reasonable accommodation.\u201d (Nealy v. City of Santa Monica, supra, 234 Cal.App.4th at p. 375.) Wentworth also complains that Regents denied him reappointment in 2017 based on his insufficient research and publishing production during the time period in which his tenure clock was stopped. This amounts to an argument that he was not reappointed because of his inability to perform research due to his disability. The jury's finding that Wentworth's disability was not a motivating reason for the adverse employment actions against him again forecloses this kind of argument. (Californians for Population Stabilization, supra, 58 Cal.App.4th at p. 294.) Besides, the stoppage of Wentworth's tenure clock was not an exemption from the obligation to produce research, but rather an extension of the period in which to produce research. Wentworth's reappointment review was delayed by a year, consistent with the clock stoppage, so it was proper to include the stoppage time when assessing Wentworth's body of research at that review. If Wentworth was unable to produce sufficient research during the expanded time period, it was his obligation to notify Regents. (Brown v. Los Angeles Unified School Dist. (2021) 60 Cal.App.5th 1092, 1108 [\u201cIf a reasonable accommodation does not work, the employee must notify the employer, who has a duty to provide further accommodation\u201d].) As the trial court noted, Wentworth never said that tenure clock stoppage was inadequate or requested a further accommodation. d. Excused absence in spring 2016 Fourth and finally, Wentworth argues Regents should have offered him a brief, excused absence in spring 2016 when the San Francisco Chronicle article was published. Instead, Regents banned him from teaching after he refused to choose between taking leave for the rest of the term and accepting the humiliation of having his classes monitored by an observer. While Regents offered paid leave in spring 2016 because of concerns about Wentworth's emotional disability, Wentworth does not cite any evidence that he actually needed leave from teaching at all in order to perform his job. To the contrary, Wentworth insisted on continuing to teach. Even if Wentworth is correct that he was not obligated to request a specific accommodation (Prilliman v. United Air Lines, Inc. (1997) 53 Cal.App.4th 935, 954), he still had to give Regents some reason to think an accommodation was necessary. (Lin v. Kaiser Foundation Hospitals (2023) 88 Cal.App.5th 712, 728 [\u201can employer need not read an employee's mind or provide accommodations of which it is unaware\u201d].) Wentworth cites no evidence that he did so, so Regents had no reason to offer him a brief leave instead. B. Invasion of privacy 1. Additional background In his ninth cause of action for invasion of privacy, Wentworth alleged that Regents violated their duty to protect the privacy of his employment records under two separate legal authorities, the and the 2/17/25, 2:04 v (2024) | FindLaw 16/38 California Constitution. Factually, the cause of action rested on the leaks of the March 2016 letter to the San Francisco Chronicle and Daily Californian and Dalton's and Hadler's verbal disclosures at the April 2016 department meeting that Wentworth refused an offer of paid medical leave and had investigated 10 student complaints against Wentworth. When Regents moved for summary judgment of Wentworth's invasion of privacy cause of action, it argued first that his claim based on the was barred by the statute of limitations. It separately argued that his constitutional claim failed because he failed to identify any confidential or sensitive information giving rise to a protected privacy interest. Regents\u2019 motion therefore sought to dispose of the entire cause of action by using different tactics to defeat the two different legal theories supporting it. Wentworth raised this point in his opposition, noting that Regents had only contested liability on statute of limitations grounds and asserting he therefore had no obligation to submit evidence of liability or damages. In its reply, Regents expanded both arguments to try to have each address the entire cause of action, arguing that the statute of limitations barred both theories and that Wentworth had failed to identify the disclosure of any constitutionally protected confidential information or any personal information under the IPA. The trial court rejected Regents\u2019 argument that the statute of limitations defense barred the cause of action. But it nonetheless granted summary adjudication of the cause of action \u201cbecause Plaintiff fails to present evidence demonstrating that the Regents disclosed any information about him protected by his constitutional right to privacy.\u201d The trial court explained that the March 2016 letter leaked to the media did not contain confidential information about Wentworth and the media's later determination that the letter pertained to him did not retroactively transform the letter into a disclosure of confidential information. 2. Analysis The Legislature designed the \u201cto prevent misuse of the increasing amount of information about citizens which government agencies amass in the course of their multifarious activities, the disclosure of which could be embarrassing or otherwise prejudicial to individuals or organizations.\u201d (Anti- Defamation League of B'nai B'rith v. Superior Court (1998) 67 Cal.App.4th 1072, 1079 (Anti-Defamation League).) Section 1798.24 prohibits state agencies from disclosing \u201cany personal information in a manner that would link the information disclosed to the individual to whom it pertains\u201d except in certain defined circumstances.4 \u201cPersonal information\u201d is defined in section 1798.3, subdivision (a) as \u201cany information that is maintained by an agency that identifies or describes an individual, including, but not limited to, the individual's name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history.\u201d Section 1798.45, subdivision (c) provides a civil cause of action against any agency that fails to comply with the anti- disclosure provision \u201cin such a way as to have an adverse effect on an individual.\u201d We independently 2/17/25, 2:04 v (2024) | FindLaw 17/38 review the interpretation and application of this statute to undisputed facts. (Lorig v. Medical Board (2000) 78 Cal.App.4th 462, 468\u2013469.) Wentworth argues the trial court's order requires reversal because Regents\u2019 motion raised only a statute of limitations defense to the theory supporting the invasion of privacy cause of action. Once the trial court rejected that defense, he contends it should have denied the motion rather than reaching to grant it on substantive grounds. He also argues that there are triable issues of fact that require a trial on the invasion of privacy cause of action on both the and constitutional theories. The trial court's order does not support its grant of summary adjudication of the entire invasion of privacy cause of action. Factually, the trial court addressed only the disclosure of the March 2016 letter to the Daily Californian and San Francisco Chronicle, without mentioning Wentworth's allegations that disclosures at the April 2016 meeting also invaded his privacy. Legally, even if the trial court implicitly determined that Regents had not waived its challenge to the substance of Wentworth's theory by waiting to raise it until its reply in support of its summary adjudication motion, nothing in the trial court's order addresses the IPA. The trial court adopted Regents\u2019 argument that Wentworth failed to identify any disclosure of constitutionally protected confidential information. But it never explained why protection would be limited to confidential information or analyzed whether the information disclosed constituted \u201cpersonal information\u201d under the IPA. Wentworth's and constitutional theories are distinct, and the trial court's ruling on the merits of the constitutional theory does not transfer to the theory. The constitutional right to privacy is violated only by the disclosure of private information, so the disclosure of information that is already public does not support a claim. (Moreno v. Hanford Sentinel, Inc. (2009) 172 Cal.App.4th 1125, 1129\u20131130.) Additionally, because the California Constitution protects against conduct constituting \u201c \u2018a serious invasion of privacy\u2019 \u201d (Heller v. Norcal Mutual Ins. Co. (1994) 8 Cal.4th 30, 43), trivial violations can be disregarded. The IPA, however, prohibited Regents from \u201cdisclos[ing]\u201d in a way that would link to Wentworth (\u00a7 1798.24) any information that \u201cidentifie[d] or describe[d]\u201d him, including but not limited to his \u201cname, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history\u201d (\u00a7 1798.3, subd. (a)). The Regents\u2019 briefing below and the trial court's order contain no authority requiring that personal information be confidential or private to be protected from disclosure under the IPA. Nor do the briefing and order identify any authority allowing the trial court to weigh the gravity of disclosures under the and dismiss actions if the disclosures were not significant. On appeal, Regents try to address these deficiencies by arguing that the letter and meeting disclosures did not contain Wentworth's \u201cpersonal information\u201d as the defines the term. Regents also note that an individual has a private right of action for disclosures of personal information only when the disclosures have \u201can adverse effect on an individual.\u201d (\u00a7 1798.45, subd. (c).) Regents then briefly assert 2/17/25, 2:04 v (2024) | FindLaw 18/38 that the alleged disclosures were too slight to have had an adverse effect on Wentworth. Regents also point out that we must review the trial court's ruling not its rationale and must affirm on any ground supported by the record (Ram's Gate Winery v. Roche, supra, 235 Cal.App.4th at p. 1079; Jimenez v. County of Los Angeles, supra, 130 Cal.App.4th at p. 140) so long as Wentworth had an opportunity to present evidence and argue the existence of a fact dispute. Regents contend that they addressed the substance of the privacy claim in the trial court, and Wentworth responded on the merits of the theory and also briefed the claim on appeal. Regents could be correct that the statutory requirement of an adverse effect makes the confidentiality of information relevant to the viability of an disclosure claim. If the audience for a disclosure already knows information about an individual, disclosure of it by an agency might not have an adverse effect on the individual. However, this assumption may not always hold true. Official disclosure of a fact already known to some people, such as the existence of the investigations into Wentworth, still adds some additional force to that information and could cause some incremental harm. The question of adverse effect is ultimately a factual one. Regents did not frame its argument in terms of adverse effect in the trial court. Wentworth therefore had no reason or duty to marshal evidence regarding the adverse effects of the disclosure or liability under the at all. Wentworth explicitly raised this point in his opposition to Regents\u2019 summary adjudication motion in the trial court. Regents\u2019 assertion that Wentworth has briefed the issue on appeal is no answer, because appeals are normally limited to the evidence in the record and Wentworth cannot now augment the record with any extra evidence. (Vons Companies, Inc. v. Seabest Foods, Inc. (1996) 14 Cal.4th 434, 444, fn. 3.) In short, because Regents initially relied only on the statute of limitations as to Wentworth's theory, we agree with Wentworth that it would be unfair to affirm summary adjudication of the claim based on Regents\u2019 alternative arguments on appeal regarding adverse effect. Even if we were to consider Regents\u2019 arguments about whether the disclosures contained personal information or had no adverse effect because they were not confidential, those arguments fail. Triable issues of material fact regarding the theory preclude summary adjudication jury could reasonably conclude that Hadler disclosed Wentworth's personal information at the April 2016 meeting and that the disclosure had an adverse effect. \u201cPersonal information\u201d includes medical history. (\u00a7 1798.3, subd. (a).) Hadler's mention of his offer to Wentworth of paid medical leave indirectly revealed that Wentworth had some sort of medical condition and that the condition was severe enough to warrant a leave of absence as an accommodation reasonable jury could infer that disclosure of such information would be embarrassing to Wentworth. In addition, \u201cpersonal information\u201d includes employment history, and disciplinary history is a part of employment history. (Ibid.; Hurley v. Department of Parks & Recreation (2018) 20 Cal.App.5th 634, 644 [jury reasonably concluded that supervisor's file that contained documents regarding disciplinary or corrective actions taken with respect to employees 2/17/25, 2:04 v (2024) | FindLaw 19/38 contained personal information under IPA].) Dalton's mention of the 10 complaints to was therefore also a disclosure of Wentworth's personal employment information. Broughton's instruction to Dalton and Hadler only a few months earlier that the existence of the investigations into Wentworth was a confidential personnel matter also supports Wentworth's position that the existence of the investigations was personal employment information. Regents do not dispute that they can be held liable for the statements at the April 2016 meeting. Instead, regarding the offer of paid medical leave, Regents maintain that the statement about paid medical leave was connected to Wentworth's marital problems, which he had publicly discussed. Regents cite deposition testimony that Wentworth had discussed his marital problems with Hadler and perhaps Dalton. But there were other people present at the meeting, and Tiwon emailed her notes of the meeting to be distributed to all students in the department. Regents cite no evidence that the rest of the attendees at the meeting or the entire body of students in the department knew of Wentworth's marital problems. More importantly, even if everyone present at the meeting or who received the meeting notes knew of Wentworth's marital problems, Regents cite nothing to suggest that everyone present knew that Hadler, the former department chair, had offered Wentworth a paid medical leave. The paid medical leave, as Hadler knew and as Regents argue in this appeal, was an accommodation connected to Wentworth's hospitalization and disability. Even if Hadler did not mention the disability itself, his description of the offered leave as medical revealed that Wentworth had some sort of serious medical condition, which could be inferred to be a mental condition beyond mere marital stress. Regents fail to demonstrate that the offer of paid medical leave was already known or the disclosure of it so inconsequential that it could have no adverse effect on him as a matter of law. Regents also assert that the complaints to against Wentworth were already publicized in the media by the time of the meeting. There is no evidence in the record listing everyone at the meeting or documenting their knowledge about the media articles or investigations. Additionally, the notes of the meeting were later circulated to students in the department, and there is no evidence that all these recipients knew about the investigations. Even if they had, Dalton was the department chair, so his confirmation of the existence of the investigations could have an adverse effect on Wentworth despite the media reports. Neither in the trial court nor on appeal have Regents contended that the different disclosures Wentworth alleges as violations can be summarily adjudicated separately. (See Blue Mountain Enterprises, LLC. v. Owen (2022) 74 Cal.App.5th 537, 549 [\u201cwhere two or more separate and distinct wrongful acts are combined in the same cause of action in a complaint, a party may present a summary adjudication motion that pertains to some, but not all, of the separate and distinct wrongful acts\u201d because separate wrongful acts are actually separate causes of action].) The triable issues of fact as to the disclosures at the April 2016 meeting are therefore sufficient to require reversal of the summary adjudication of the 2/17/25, 2:04 v (2024) | FindLaw 20/38 entire invasion of privacy cause of action. But there is a factual dispute about the leaks of the March 2016 letter, too. As with the disclosures at the April 2016 meeting, Regents do not dispute that the leaks of the letter to the San Francisco Chronicle and Daily Californian can be attributed to them. Instead, Regents argue they are not liable because the letter does not contain Wentworth's personal information and could only be connected to Wentworth because two of the complainants had already reported their experiences to the press. The letter said there had been seven student complaints against a member of the department faculty, six complaints were dismissed or shut down by and deserved a fuller hearing than they had received, and the one complaint that went forward was not investigated promptly. It is undisputed that this referred to Wentworth. This information about Wentworth's employment by the department and the disciplinary proceedings against him constitutes his personal employment information. (See Hurley v. Department of Parks & Recreation, supra, 20 Cal.App.5th at p. 644.) Broughton's instruction to Dalton and Hadler that the existence of the investigations into Wentworth was confidential also supports the conclusion that the letter to Dalton discussing those investigations contained Wentworth's confidential personal information. While Broughton testified that the letter was not confidential, she placed it in her locked files with confidential information about Wentworth, which supports Wentworth's position. Although the letter does not mention Wentworth by name, protected \u201cpersonal information\u201d encompasses more than just an individual's name. (\u00a7 1798.3, subd. (a).) The prohibits the disclosure of personal information \u201cin a manner that would link the information disclosed to the individual to whom it pertains.\u201d (\u00a7 1798.24.) The letter was leaked to the San Francisco Chronicle and the Daily Californian in connection with articles about student complaints against Wentworth. Warnke investigated the story after learning about Wentworth's alleged behavior from Bennett and Gutierrez, so leaking the letter to Warnke would naturally connect it to Wentworth. Also, the San Francisco Chronicle article quotes Hadler and Tiwon as stating that they wanted to bring attention to the complaints mentioned in the letter reasonable jury could conclude from this evidence that Hadler, Tiwon, or someone else in the department leaked the letter to bring attention to Wentworth. It is also fair to infer that disclosure to the media of the letter and the investigations mentioned in it would have an adverse effect on Wentworth by giving official confirmation of the existence of the complaints and exposing the issue to the school and larger community. The leaked letter, too, therefore supports Wentworth's cause of action.5 III. Discovery A. Additional background 2/17/25, 2:04 v (2024) | FindLaw 21/38 During discovery, Wentworth moved to compel Regents to produce, among other documents, communications between faculty or staff of the University of California, Berkeley Graduate School of Journalism and the San Francisco Chronicle, Melissa Batchelor Warnke, or the university vice provost which refer, pertain, or relate in any way to preparation or publication of the San Francisco Chronicle article about the complaints against Wentworth; communications between Warnke and anyone else relating to the investigation of, preparation for, and publication of the San Francisco Chronicle article; all documents gathered or examined to prepare the San Francisco Chronicle article, including materials Warnke reviewed; and documents relating to drafts, edits, or comments on the article. Regents refused to provide the requested documents, citing, among other objections, overbreadth and the reporter's privilege. The trial court denied the motion to compel responses to these requests. It stated, \u201cAlthough Plaintiff asserts the [requests for production of documents] are aimed at demonstrating that faculty members disclosed confidential information from Plaintiff's investigation and personnel file to the Chronicle, he does not seek documents falling within that description but instead seeks all communications, drafts, and documents examined and assembled in the course of a journalist's (Ms. Warnke's) preparation of an article or other journalists\u2019 (members of the School of Journalism) assistance in preparing that article. The court finds such requests overly broad and in violation of the First Amendment of the United States Constitution, as asserts.\u201d The trial court went on to conclude that the reporter's privilege under the First Amendment applied to the requests. B. Analysis \u201cIn general, we review the trial court's ruling on a motion to compel discovery for an abuse of discretion, because the trial court is vested with wide statutory discretion to manage discovery. [Citation.] \u2018In addition, if the trial court reached its decision after resolving conflicts in the evidence, or inferences that could be drawn from the evidence, we review those factual findings to determine whether they are supported by substantial evidence. [Citation.]\u2019 [Citation]. [\u00b6] However, \u2018where the propriety of a discovery order turns on statutory interpretation, an appellate court may determine the issue de novo as a question of law.\u2019 \u201d (Pomona Valley Hospital Medical Center v. Superior Court (2012) 209 Cal.App.4th 687, 692\u2013 693.) Wentworth argues the trial court erred and that the First Amendment reporter's privilege does not protect the requested documents because Wentworth is suing Regents as his employer and seeking records of disclosures from Regents to the media, not seeking records from a journalist. Regents do not respond to the substance of Wentworth's arguments. Regents argue instead that the trial court cited both overbreadth and the First Amendment and Wentworth addressed only the First Amendment. According to Regents, Wentworth's failure to address both grounds for the trial court's ruling requires affirmance of the trial court's order denying the motion to compel, \u201cbecause \u2018one good reason is sufficient to sustain 2/17/25, 2:04 v (2024) | FindLaw 22/38 the order from which the appeal was taken.\u2019 \u201d (People v Tax, Inc. (2013) 212 Cal.App.4th 1219, 1237.) Regents\u2019 interpretation of the trial court's order is not persuasive. Regents did object that Wentworth's document requests were \u201coverly broad and indiscriminate as to time and scope.\u201d Wentworth briefly addressed this objection in his motion papers, noting that the requests were limited in time and scope to the San Francisco Chronicle article. Regents\u2019 opposition to the motion to compel ignored this objection and focused entirely on arguments that Wentworth's requests were barred by California's shield law (Cal. Const., art. I, \u00a7 2, subd. (b); see also Evid. Code, \u00a7 1070) and the federal constitutional reporter's privilege. Regents\u2019 only mention of overbreadth in its opposition came in its argument that the requests were overly broad because they would encompass Warnke's interview notes and communications with her sources, editors, and publisher, and published docs, which were protected by the shield law. Given that Regents essentially ignored the overbreadth objection after first asserting it, it would be unusual for the trial court to cite that objection as an independently sufficient ground for denying the motion to compel. This is especially true in light of the trial court's statement that the discovery requests were \u201coverly broad and in violation of the First Amendment of the United States Constitution, as asserts.\u201d (Italics added.) Wentworth's interpretation of this statement is far more persuasive: the trial court meant only that the discovery requests were overly broad because they violated the First Amendment, just as Regents argued in its opposition to the motion. But our resolution of the dispute as to the import of the trial court's order does not automatically entitle Wentworth to reversal of that order. As the appellant, Wentworth has the affirmative burden to demonstrate error. (Jameson v. Desta, supra, 5 Cal.5th at p. 609.) We must still consider whether the trial court erred in concluding that the reporter's privilege barred Wentworth's requests, despite the absence of any briefing on this point by Regents. (Fleming Distribution Co. v. Younan (2020) 49 Cal.App.5th 73, 84, fn. 8.) \u201cMitchell v. Superior Court [(1984)] 37 Cal.3d 268 holds that there is a qualified journalist's privilege in a civil action to refuse to reveal confidential sources or information obtained from those sources and that the scope of the privilege depends upon a weighing of five factors. [\u00b6] The first is the nature of the litigation and whether the reporter is a party. \u2018In general, disclosure is appropriate in civil cases, especially when the reporter is a party to the litigation.\u2019 (37 Cal.3d at p. 279 second consideration is the relevance of the information sought to plaintiff's cause of action\u2024 [M]ere relevance is insufficient to compel discovery; disclosure should be denied unless the information goes \u201cto the heart of the plaintiff's claim.\u201d \u2019 (Id. at p. 280.) Third, discovery should be denied unless the plaintiff has exhausted all alternative sources of obtaining the needed information. Fourth, the court should consider the importance of protecting confidentiality in the case at hand. (Id. at p. 282.) \u2018Finally, the court may require the plaintiff to make a prima facie showing that the alleged defamatory statements are false before requiring disclosure.\u2019 (Id. at p. 283.)\u201d (Anti-Defamation League, supra, 67 Cal.App.4th at p. 1080.) 2/17/25, 2:04 v (2024) | FindLaw 23/38 We find no abuse of discretion in the trial court's implied balancing of these factors. We need not discuss most of them because we conclude that even if they favored disclosure, the third factor alone would be sufficient to uphold the trial court's order. Mitchell instructed that a plaintiff must pursue all alternative sources because \u201c[c]ompulsory disclosure of sources is the \u2018last resort\u2019 [citation], permissible only when the party seeking disclosure has no other practical means of obtaining the information.\u201d (Mitchell v. Superior Court, supra, 37 Cal.3d at p. 282; accord, Shoen v. Shoen (9th Cir. 1993) 5 F.3d 1289, 1296 [\u201cAt a minimum,\u201d a demonstration of a sufficiently compelling need to overcome the privilege \u201crequires a showing that the information sought is not obtainable from another source\u201d].) Wentworth propounded the discovery requests to establish exactly who leaked the March 2016 letter. He also wanted to discover who sent files to Warnke or the San Francisco Chronicle, since Warnke stated in an interview that she had reviewed \u201ca ton, a ton, a ton of emails, notes from meetings, agendas, [and] the case files themselves\u201d when researching the article. But neither in the trial court nor here has Wentworth offered any catalog of his efforts to exhaust alternative sources. Wentworth merely asserts that he directed the discovery requests to Regents, rather than directing them to non-party journalists. But his discovery requests did not seek communications by the individuals who signed the letter or other members of the department who might have leaked it. Instead, he framed his requests to obtain communications with and within the journalism school, as well as notes and records from the school. Regents play a dual role here, responsible both as Wentworth's employer and as the journalism school, and Wentworth in no way attempted to minimize any intrusion on the journalism school. Moreover, Wentworth could have tried to discover who gave the relevant materials to Warnke by deposing the various signers and recipients of the letter, as well as the sources named in the San Francisco Chronicle article. So far as the record reveals, as relevant here, Wentworth obtained testimony, either from depositions or the Academic Senate committee hearing, from the six faculty who signed the letter, Edwards, Faruqui, Goldman, Hadler, Tiwon, and von Rospatt; Dalton, who received it; Broughton, to whom Dalton gave the original letter; Bennett, Gutierrez, and Hemenway, three of the student complainants; and Denise Oldham, the university's Title coordinator.6 This is a fairly comprehensive list of people who might have leaked the letter. It appears Wentworth asked Dalton, Faruqui, Goldman, von Rospatt, and Gutierrez about leaking the letter, each of whom denied doing so. But there is no indication that Wentworth asked the others about the letter. Nor is there any indication that Wentworth asked anyone about providing case files to Warnke or the San Francisco Chronicle. Wentworth's failure to submit evidence that he asked Bennett about providing case files or other information to Warnke is particularly surprising. In support of his motion to compel responses to his discovery requests, he attached a copy of an email from an employee in Broughton's office notifying OPHD's director that Bennett would be bringing a friend to her interview for moral support. The email named the friend as \u201cMelissa Bachelor.\u201d This suggests that Bennett was giving Warnke access to proceedings, which in turn raises the possibility that Bennett, who received a copy of the report, 2/17/25, 2:04 v (2024) | FindLaw 24/38 gave the report to Warnke. At a minimum, absent evidence that Wentworth exhausted all alternative sources of information regarding the letter and files, the trial court was within its discretion to deny his motion to compel. Anti-Defamation League, supra, 67 Cal.App.4th 1072, which Wentworth cites, does not warrant a different outcome. The 17 plaintiffs in that case sued the defendant Anti-Defamation League of B'nai B'rith (ADL) for gathering and disclosing information about them in violation of the IPA. (Id. at pp. 1077\u2013 1078.) When the plaintiffs served demands for production of documents asserted the reporter's privilege. (Id. at p. 1079.) There was no dispute that qualified as a journalist. (Id. at pp. 1079\u20131080.) The Court of Appeal held that was immune to the claims of 14 of the plaintiffs because they were limited-purpose public figures and had obtained information about them through legitimate newsgathering. (Id. at pp. 1083, 1090\u20131091, 1093.) However, the court added the caveat that would not be immune to any of the plaintiffs\u2019 claims to the extent that it disclosed information about them to foreign governments or anyone else for a non-journalistic purpose. (Id. at pp. 1093\u20131094.) As to the three plaintiffs who may not have been limited-purpose public figures, the Court of Appeal affirmed the trial court's ruling that those three plaintiffs had satisfied the Mitchell factors, including the exhaustion of alternative sources, and were entitled to discovery about non-public information about them in ADL's files and anyone to whom disclosed such information. (Id. at pp. 1094, 1098.) Wentworth argues that Regents, like when it disclosed information to foreign governments, were not acting as journalists and therefore were not protected from discovery. This ignores Regents\u2019 dual role in this case and the fact that Wentworth framed his discovery requests to seek documents from Regents as the operator of the journalism school. Furthermore, even if the trial court could have found that Wentworth pursued all alternative sources of information, as did the trial court in Anti-Defamation League, that does not mean the trial court abused its discretion in implicitly making the contrary finding that he did not adequately pursue all alternatives. IV. Motion for retrial A. Additional background Wentworth next challenges the trial court's denial of his motion for retrial of his cause of action for withholding personnel records. At the trial, the jury used a special verdict form with separate sections of questions for each cause of action, with instructions after each question telling the jury what question to answer next. Section of the form addressed Wentworth's cause of action against Regents for failing to prevent harassment, discrimination, or retaliation. Section addressed his cause of action for failing to produce his personnel file upon request. The first question in Section E, question No. 24, asked, \u201cDid the University fail to take all reasonable steps to prevent the harassment, discrimination, and/or retaliation?\u201d The jury placed an \u201cX\u201d next to \u201cNo.\u201d The instruction immediately following this stated, \u201cIf your answer to question 24 is yes, then answer question 25. If you answered no, stop here, answer no further questions, 2/17/25, 2:04 v (2024) | FindLaw 25/38 and proceed to Section only if instructed to do so in a prior Section.\u201d (Italics added.) No prior sections in the verdict form told the jury to answer questions in Section F. The jury did not answer any questions in Section F. After the jury sent its verdict to the court, the court clerk read it in open court. The clerk read the jury's \u201cNo\u201d answer to question No. 24 and the form's instruction that the jury should then proceed to section only if instructed to do so. The clerk noted that section addressed the failure-to-produce-personnel-file claim and had no answers. The court then polled the jury by having the clerk read the answer to each question and asking the members of the jury if that was their verdict. All 12 members of the jury agreed that they had answered \u201cNo\u201d to question No. 24. The trial court then noted, \u201cSection F, Failure to Produce Personnel File. No questions were answered.\u201d Neither party raised any concern about the verdict, nor did they raise any issue when the trial court gave them an opportunity before discharging the jurors few weeks later, Wentworth moved for retrial on the personnel records cause of action. Wentworth argued the jury's failure to render a verdict on that cause of action constituted a mistrial under Code of Civil Procedure section 616 and required a retrial. The trial court denied Wentworth's request for a retrial. It ruled that Wentworth forfeited his claim regarding the incomplete verdict form because he failed to object before the jury was discharged. Separate from the forfeiture finding, the trial court also said it would exercise its discretion under section 616 and deny the request for a retrial because of Wentworth's failure to object. The court noted that there was no indication the jury failed to answer the questions regarding the personnel file cause of action because of mistake or accident, since it answered all other questions on the form. The court finally said that it did not find the merits of Wentworth's personnel file cause of action to be so clear that retrial was required. B. Analysis Section 616 of the Code of Civil Procedure states, \u201cIn all cases where the jury are discharged without having rendered a verdict, or are prevented from giving a verdict, by reason of accident or other cause, during the progress of the trial, or after the cause is submitted to them, except as provided in Section 630, the action may be again tried immediately, or at a future time, as the court may direct.\u201d Section 630 governs motions for a directed verdict plain reading of the statute shows that the court is granted the discretionary authority to act on motions for retrial under that provision. It is not required to grant a motion for retrial \u2024 [\u00b6] Accordingly, we review the trial court's order on a motion for retrial under the abuse of discretion standard.\u201d (Virtanen v. O'Connell (2006) 140 Cal.App.4th 688, 712.) Wentworth argues that the jury's silence on the personnel file cause of action makes it an incomplete verdict that is tantamount to no verdict at all. In such circumstances, according to Wentworth, his cause of action remains pending and requires retrial. He contends the trial court erred in requiring him to object to preserve the issue, based on Irelan-Yuba Gold Quartz Mining Co. v. Pacific Gas & Elec. Co. (1941) 18 Cal.2d 557 (Irelan-Yuba). In that case, after a trial pitting several plaintiffs against Pacific Gas & Electric 2/17/25, 2:04 v (2024) | FindLaw 26/38 (PGE) and O'Brien Mines Inc. (O'Brien), the jury was given four different verdict forms: one for a verdict in favor of both defendants, one for a verdict for the plaintiffs against both defendants, one for a verdict for the plaintiffs against PGE, and one for a verdict for the plaintiff against O'Brien. (Id. at p. 569.) The jury was told to sign only one verdict form, and it returned the verdict form for the plaintiffs against only PGE. (Ibid.) The Supreme Court agreed with the plaintiffs that the jury's failure to make a finding expressly in favor of O'Brien was a failure by the jury to find upon all of the issues. (Id. at p. 570.) The court rejected the notion that the plaintiffs were estopped to raise the issue by failing to ask the court to instruct the jury to retire and make a finding as to O'Brien. (Id. at p. 571.) The court stated, \u201cThe doctrine of waiver under the circumstances here involved means merely that if no objection is made to the verdict when it is returned, that objection is waived insofar as it may have been effectual as an attack on the verdict returned. If all the issues are not determined by the verdict, but no objection is made thereto, then the verdict stands as to the issues included therein, but as to the remaining issues the matter is set at large and further proceedings should be had in the trial court to adjudicate those issues.\u201d (Ibid.) Because Wentworth's jury delivered a complete verdict consistent with the instructions on the form, Wentworth's challenge is not a challenge to a silent verdict but rather an objection to the form of the verdict and the issues as determined by the verdict. Irelan-Yuba is therefore inapposite. The facts here more closely resemble those in Taylor v. Nabors Drilling (2014) 222 Cal.App.4th 1228 (Taylor). There, the instructions on the special verdict form incorrectly told the jury to skip two questions about a hostile work environment sexual harassment cause of action. (Id. at p. 1240\u20131241.) The defendant had not detected the error when it approved the verdict form. (Id. at pp. 1242\u20131241.) The Court of Appeal affirmed the trial court's ruling that the defendant forfeited any claim that the special verdict was fatally defective because it failed to object before the jury was discharged. (Id. at p. 1242.) The court explained, \u201c \u2018 \u201cFailure to object to a verdict before the discharge of a jury and to request clarification or further deliberation precludes a party from later questioning the validity of that verdict if the alleged defect was apparent at the time the verdict was rendered and could have been corrected.\u201d [Citation.]\u2019 (Keener v. Jeld\u2013Wen, Inc. (2009) 46 Cal.4th 247, 263\u2013264, fn. omitted.) \u2018The obvious purpose for requiring an objection to a defective verdict before a jury is discharged is to provide it an opportunity to cure the defect by further deliberation. [Citation.]\u2019 [Citation.] \u2018The rule is designed to advance efficiency and deter gamesmanship.\u2019 (Keener v. Jeld\u2013Wen, Inc., supra, 46 Cal.4th at p. 264.) \u2018 \u201c \u2018 \u201c \u2018 \u201cIf any other rule were to obtain, the party would in most cases be careful to be silent as to his objections until it would be too late to obviate them \u2024\u201d \u2019 \u201d \u2019 \u201d \u2019 \u201d (Taylor, at p. 1242, italics omitted.) The defect in the Taylor verdict form was apparent and could have been corrected when the verdict was rendered, and the jury's failure to answer the relevant questions was clear when the jury was polled. (Id. at pp. 1242\u20131243; cf. Irelan-Yuba, supra, 18 Cal.2d at p. 570 [a verdict that is silent as to one of two defendants constitutes a failure on the part of the jury to find upon all of the issues, but \u201c[t]his rule is subject to the qualification that a verdict may be construed with reference to the instructions pursuant to which it was rendered\u201d].) 2/17/25, 2:04 v (2024) | FindLaw 27/38 The flaw in the verdict here is like that in Taylor, so we conclude, like Taylor, that the trial court properly found that Wentworth forfeited his challenge to the verdict on his personnel file cause of action by failing to raise the issue in the trial court. The jury properly followed the instructions on the verdict form, which told the jury not to answer the personnel file cause of action questions if it found Regents had not failed to take all reasonable steps to avoid discrimination. Once the jury returned its verdict, it was clear from the reading of the verdict and the polling of the jury that the jury had not answered the questions regarding the personnel file cause of action. Wentworth, as the plaintiff, was responsible for submitting a verdict form sufficient to support his causes of action. (Behr v. Redmond (2011) 193 Cal.App.4th 517, 531.) Wentworth therefore should have raised the issue and asked the trial court to instruct the jury to answer the questions about the personnel file cause of action notwithstanding the instructions on the form. Neither in the trial court nor on appeal has Wentworth explained why he failed to raise the issue at the appropriate time. His failure to do so forfeited the issue. The policy rationale supporting the forfeiture rule applies with full force. The error could have been corrected easily if raised at the time, while correcting it now would be far more costly.7 Wentworth notes that the jurors in Taylor answered the verdict as presented to them, but he fails to recognize that the jury here did the same. Instead, he stresses that the Taylor court later remarked, in a separate section regarding harmless error, \u201cIf we had a legitimate doubt concerning prejudice, we would reverse.\u201d (Taylor, supra, 222 Cal.App.4th at p. 1246.) This statement does not detract from Taylor\u2019s application of the forfeiture rule. Taylor made clear that its harmless-error analysis was an alternative holding, \u201c[i]rrespective\u201d of whether the defendant had forfeited the issue. (Id. at p. 1244.) Taylor nowhere conditioned its application of the forfeiture rule on the strength of the defendant's argument on the merits. Such a holding would make little sense, as it would mean that arguments could be forfeited only when a party would lose on the merits anyway, which is no forfeiture at all. Regents raise a question about whether the absence of a jury ruling on the personnel file cause of action means there is no final judgment in this case, which would deprive this court of jurisdiction. They suggest we presume the trial court found that Wentworth forfeited and dismissed the personnel cause of action. There is no need to imply any such findings to achieve a final judgment. As set forth ante, the jury followed the verdict form's instructions correctly as written, which made the personnel file cause of action dependent on the failure to prevent discrimination cause of action. The jury's finding on the failure to prevent discrimination cause of action therefore disposed of the personnel file cause of action. Wentworth forfeited the right to object to the verdict form; he did not forfeit the cause of action itself. The judgment on the verdict was final and appealable. V. Attorney's fees and costs A. Additional background 2/17/25, 2:04 v (2024) | FindLaw 28/38 Wentworth cited no legal authority when he requested copies of his personnel records in anticipation of litigation in April 2016. His original and first amended complaints cited Labor Code sections 226 and 1198.5 and Government Code section 31011 in support of the personnel file cause of action request. In his second amended complaint, filed in April 2018, Wentworth cited the for the first time, but a different provision than supported his standalone invasion of privacy cause of action. Section 1798.34 gives individuals the right to inspect personal information in an agency's files. Section 1798.34, subdivision (a) states that \u201ceach agency shall permit any individual \u2024 to inspect all the personal information in any record containing personal information and maintained by reference to an identifying particular assigned to the individual within 30 days of the agency's receipt of the request for active records, and within 60 days of the agency's receipt of the request for records that are geographically dispersed or which are inactive and in central storage. Failure to respond within these time limits shall be deemed denial.\u201d Section 1798.46 governs relief in suits brought under section 1798.45, subdivision (a), which creates a private right of action for violations of section 1798.34, subdivision (a). Section 1798.46, subdivision (b) states that in such suits, \u201c[t]he court shall assess against the agency reasonable attorney's fees and other litigation costs reasonably incurred in any suit under this section in which the complainant has prevailed party may be considered to have prevailed even though he or she does not prevail on all issues or against all parties.\u201d After the trial, Wentworth filed a memorandum of costs and motion for attorney's fees based on section 1798.46.8 He contended that he had prevailed on the personnel file cause of action because Regents did not produce the file until after he had filed suit and after he had moved to compel responses to document requests in discovery. Regents moved to strike the memorandum of costs and opposed the request for attorney's fees. The trial court found Wentworth was not the prevailing party because he did not prevail on any claim at trial and the jury was silent on the claim. The court further found that Wentworth was not the prevailing party for fees under a catalyst theory. The court concluded, \u201cUltimately, Plaintiff demonstrates, at best, a temporal correlation between Plaintiff's lawsuit and the production of certain records, but this Court finds that Plaintiff's lawsuit was not the cause of the production of records or, if the cause, the results were too insignificant to consider Plaintiff the prevailing party.\u201d It noted that Wentworth did not raise the until late in the litigation, by which point most of the records had been produced and the only remaining dispute related to the March 2016 letter. The court also found that, assuming the March 2016 letter was subject to the IPA, the letter was insignificant to the lawsuit. The court observed that Wentworth continued to litigate his employment claims for years after obtaining the March 2016 letter, it was not central to trial, and its production did not advance Wentworth's position on the merits. B. Analysis 2/17/25, 2:04 v (2024) | FindLaw 29/38 Wentworth argues the trial court erred in finding he was not the prevailing party under section 1798.46, notwithstanding the fact that the jury did not rule in his favor on that cause of action, because he obtained relief in a practical sense by obtaining the records during discovery in the litigation. There are no published California cases construing the meaning of section 1798.46. However, many other attorney's fees statutes use similar language awarding fees to prevailing parties, so we may look to them for guidance party can generally claim prevailing party status for attorney's fees on two different theories. First, a plaintiff can prevail by obtaining \u201c \u2018a judicial resolution\u2019 [citation] or \u2018a judicially recognized change in the legal relationship between the parties.\u2019 \u201d (Vasquez v. State of California (2008) 45 Cal.4th 243, 260 [considering public interest fees request under Code Civ. Proc., \u00a7 1021.5]; see Belth v. Garamendi (1991) 232 Cal.App.3d 896, 901 & fn. 2 [considering request for fees under what is now Gov. Code, \u00a7 7923.115, part of Public Records Act, by analogy from case law under Code Civ. Proc., \u00a7 1021.5].) If a party thus obtains some form of judicial action on a claim, the party can be considered the prevailing party even if the party did not prevail on every claim. (Lyons v. Chinese Hospital Assn. (2006) 136 Cal.App.4th 1331, 1345 [considering public interest fees request under Code Civ. Proc., \u00a7 1021.5].) Section 1798.46, subdivision (b) embodies this principle, since it dictates that a \u201cparty may be considered to have prevailed even though he or she does not prevail on all issues or against all parties.\u201d Success on any claim is assessed in a pragmatic sense by determining which party prevailed on a practical level. (Graciano v Robinson Ford Sales, Inc. (2006) 144 Cal.App.4th 140, 145, 153 [considering fees request under \u00a7\u00a7 1780, subd. (d) and 2983.4, which are part of the Consumers Legal Remedies Act, \u00a7 1750 et seq., and the Automobile Sales Finance Act, \u00a7 2981 et seq.]; see Pearl, Cal. Attorney Fee Awards (Cont.Ed.Bar 3d ed. 2010) \u00a7 2.45.) Second, when a party does not obtain any favorable judicial action, the party \u201cmust obtain attorney fees under the catalyst theory, or not at all.\u201d (Vasquez v. State of California, supra, 45 Cal.4th at p. 260; see Pearl, Cal. Attorney Fee Awards, supra, \u00a7 2.111.) To prevail on a catalyst theory, a plaintiff moving for fees \u201cmust establish that (1) the lawsuit was a catalyst motivating the defendants to provide the primary relief sought; (2) that the lawsuit had merit and achieved its catalytic effect by threat of victory, not by dint of nuisance and threat of expense \u2024; and (3) that the plaintiffs reasonably attempted to settle the litigation prior to filing the lawsuit.\u201d (Tipton-Whittingham v. City of Los Angeles (2004) 34 Cal.4th 604, 608.) \u201cTo satisfy the first (causation) prong, the plaintiff need not show the litigation was the only cause of defendant's acquiescence. [Citation.] The litigation need only be a \u2018 \u201csubstantial factor\u201d \u2019 contributing to the relief obtained. [Citations.] [\u00b6] But the plaintiff cannot be a successful party by obtaining just any relief. [Citation.] In catalyst cases, the plaintiff must show its lawsuit was a catalyst motivating the defendant to provide the primary relief sought in the litigation.\u201d (Department of Water Resources Environmental Impact Cases (2022) 79 Cal.App.5th 556, 572; accord, Marine Forests Society v. California Coastal Com. (2008) 160 Cal.App.4th 867, 878; Lyons v. Chinese Hospital Assn., supra, 136 Cal.App.4th at pp. 1346\u20131348.) 2/17/25, 2:04 v (2024) | FindLaw 30/38 Our remand on Wentworth's standalone invasion of privacy cause of action requires us to reverse the ruling on attorney's fees and costs. If Wentworth prevails at trial or otherwise on his invasion of privacy cause of action that we revive in this appeal, then the trial court could consider him to have prevailed, albeit in part. It could then award him attorney's fees based on the invasion of privacy cause of action, as well as the personnel file cause of action based on the theory, to the extent the trial court concludes Wentworth achieved success in a practical sense. Any fees awarded could be commensurate with the limited scope of the victory, although the personnel cause of action could be more important to Wentworth's overall case if his victory on the invasion of privacy cause of action rests on disclosure of the March 2016 letter. If Wentworth does not prevail on the invasion of privacy cause of action, his entitlement to fees will rest entirely on the catalyst theory. The trial court will then have to determine whether Wentworth's success in obtaining his personnel file during the litigation achieved his primary litigation objectives and whether the other catalyst theory criteria are met. Whichever determination the trial court has to make, it should consider whether the theories for obtaining his personnel file that Wentworth pled and pursued in earlier stages of the litigation are interrelated, factually or legally, with the theory that he ultimately pled and on which his request for attorney's fees relies. (Akins v. Enterprise Rent-A-Car Co. (2000) 79 Cal.App.4th 1127, 1133 [\u201clitigation may involve a series of attacks on an opponent's case. The final ground of resolution may become clear only after a series of unsuccessful attacks. Compensation is ordinarily warranted even for those unsuccessful attacks, to the extent that those attacks led to a successful claim\u201d]; Graciano v. Robinson Ford Sales, Inc., supra, 144 Cal.App.4th at p. 153 [\u201c \u2018Whether an [attorney fee] award is justified and what amount the award should be are two distinct questions, and the factors relating to each must not be intertwined or merged\u2019 \u201d].) The trial court should also consider the importance or significance of the entire personnel file to Wentworth's overall case, not just the significance of the March 2016 letter The trial court's order granting summary adjudication of Wentworth's invasion of privacy cause of action is reversed. The orders denying Wentworth's motion for attorney's fees and granting Regents\u2019 motion to strike Wentworth's memorandum of costs are reversed. In all other respects, the judgment is affirmed. This matter is remanded for further proceedings consistent with this opinion CONCUR: GOLDMAN, J. DOUGLAS, J.* 2/17/25, 2:04 v (2024) | FindLaw 31/38 Trial court: Alameda County Superior Court Trial judge: Hon. Robert D. McGuiness Hon. Jeffrey S. Brand Counsel for Plaintiff and Appellant Michael Hoffman Ronald D. Arena Counsel for Defendant and Respondent H. Thomas Watson Karen M. Bray Marie Trimble Holvick Amber A. Eklof 1. Undesignated statutory citations are to the Civil Code. 2. Wentworth later sued Bennett, Gutierrez, and Hemenway. (See Wentworth v. Hemenway (June 5, 2019, A154511) [nonpub. opn.]; Wentworth v. Bennett et al. (July 23, 2018, A151689) [nonpub. opn.].) 3. Regents\u2019 briefs, too, fail to provide direct citations to the record in some instances. But Regents, at least, provide cross-references to the relevant portion of the factual background of their brief where the record citations can be found, which reduces the burden slightly. In any event, Wentworth as the appellant has the burden of affirmatively proving error, so the lack of citations in Wentworth's brief supports affirmance. (Jameson v. Desta (2018) 5 Cal.5th 594, 609.) 4. Other provisions of the require agencies to allow anyone to inspect personal information about him or her in the agency's records and give individuals a right of action if an agency refuses to comply with a request for such inspection. (\u00a7\u00a7 1798.34, subd. (a), 1798.45, subd. (a).) We discuss those aspects of the separately, post, in connection with Wentworth's request for attorney's fees. 5. Because we conclude that factual disputes related to Wentworth's theory defeat Regents\u2019 request for summary adjudication of the invasion of privacy cause of action, we need not decide whether 2/17/25, 2:04 v (2024) | FindLaw 32/38 factual disputes also preclude summary adjudication of Wentworth's constitutional theory. (Schmidlin v. City of Palo Alto (2007) 157 Cal.App.4th 728, 744 [trial court did not err by refusing to summarily adjudicate one theory supporting cause of action because it found triable issue as to other theories supporting the cause of action mentioned in the motion].) 6. The existence of two versions of the letter, one with four signatures and one with six, is immaterial here. The record does not show exactly when the two additional faculty members signed the letter, so anyone who signed either version of the letter could have leaked it. 7. Even if Wentworth had not forfeited the issue, we would find no abuse of discretion in the trial court's discretionary decision not to order a retrial because of Wentworth's delay in raising the issue. (See Virtanen v. O'Connell, supra, 140 Cal.App.4th at p. 712 [retrial under Code Civ. Proc., \u00a7 616 is not mandatory].) 8. Section 1798.46, as the more specific statute, also controls over Code of Civil Procedure section 1032 on the question of costs. (DeSaulles v. Community Hospital of Monterey Peninsula (2016) 62 Cal.4th 1140, 1147.) For simplicity our discussion focuses on the question of attorney's fees, but the same principles apply to costs. FOOTNOTE. Judge of the Superior Court of California, County of Contra Costa, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution. Was this helpful? Yes No Welcome to FindLaw's Cases & Codes 2/17/25, 2:04 v (2024) | FindLaw 33/38 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 (2024) Docket No: A168296, A168861 Decided: October 23, 2024 Court: Court of Appeal, First District, Division 4, California. 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 2/17/25, 2:04 v (2024) | FindLaw 34/38 \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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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 > 2/17/25, 2:04 v (2024) | FindLaw 38/38", "7670_105.pdf": "Berkeley fires Blake Wentworth after sexual harassment probe May 25, 2017 / 10:41 News BERKELEY, Calif. -- University of California, Berkeley, officials announced the dismissal of an assistant professor who had been under investigation for sexually harassing four students San Francisco reports. Assistant professor Blake Wentworth, who worked in the Department of South and Southeast Asian Studies, was dismissed Wednesday effective immediately after an investigation found that he violated the university's faculty code of conduct and its sexual violence and sexual harassment policy with his actions involving the four students, according to a statement. In April of last year, two doctoral students filed complaints with the California Department of Fair Employment and Housing saying that Wentworth repeatedly touched them and made inappropriate sexual comments in the year before. The complaints were filed after the two women were left unsatisfied by an investigation conducted by the university's office that investigates sexual misconduct cases. In May of 2016, a third complaint was filed by a former undergraduate student who charged that Wentworth \"immediately began using his position to pursue a personal relationship with her\" after becoming her thesis adviser in October 2014. Details of the fourth student harassment case involving Wentworth were not available. 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. 2/17/25, 2:04 Berkeley fires Blake Wentworth after sexual harassment probe News 1/3 Despite these allegations, it wasn't until June of 2016 that faculty investigators determined that there was probable cause that Wentworth had violated the faculty code. At that point Berkeley Chancellor Nicholas Dirks relieved Wentworth of his teaching duties, placing him on involuntary leave pending the outcome of the disciplinary process Berkeley has faced numerous sexual harassment scandals in the past two years, including a case involving an assistant men's basketball coach and another involving former law school dean Sujit Choudhry. University of California releases details on 113 employee sexual misconduct cases Berkeley fires assistant coach over sex harassment allegations Dean of Berkeley law school steps down amid sexual harassment suit In March, a Berkeley graduate filed a lawsuit against well-known philosophy professor John Searle alleging that he sexually assaulted her and harassed her while she was working for him last summer. In the statement announcing Wentworth's dismissal, the Berkeley Office of Public Affairs stated that the university \"has intensified and reformed its response to sexual misconduct.\" \"These actions are part of the University's continuing effort to eradicate sexual misconduct from our campus. The harassment of students by faculty represents an unacceptable breach of the teacher-student relationship and carries the potential for enormous harm,\" the statement said. \"The University is committed to holding violators strictly accountable.\" More from News Jay-Z, Sean \"Diddy\" Combs sexual assault lawsuit dropped by accuser Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/17/25, 2:04 Berkeley fires Blake Wentworth after sexual harassment probe 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 2017 Interactive Inc. All Rights Reserved. See two sloth bear cubs make their debut at San Diego Zoo Mexico takes aim at U.S. gunmakers if cartels deemed terrorist groups CDC's \"disease detectives\" halved as part of cuts at health agencies Watch News 2/17/25, 2:04 Berkeley fires Blake Wentworth after sexual harassment probe News 3/3", "7670_106.pdf": "Professor Defeats Public University\u2019s Motion For Summary Adjudication On Information Practices Act Claim CATEGORY: Client Update for Public Agencies TYPE: Public Employers DATE: Nov 07, 2024 Blake Wentworth was an assistant professor at the University of California, Berkeley. The essential functions of his job included teaching, research, and service to the department and profession. Wentworth was struggling with his mental health. He told one of his colleagues, \u201chis wife was unhappy.\u201d Wentworth told the chair of the department, Jefferey Hadler, that he had been diagnosed with bipolar disorder. Wentworth later was hospitalized after attempting to commit suicide. After Wentworth returned to work, Hadler asked to meet to discuss how Wentworth\u2019s disorder affected his ability to do his job. Hadler noted that Wentworth missed a week of class and failed to write a fellowship nomination letter. Hadler said he wanted to explore whether there were any accommodations that would allow Wentworth to fulfill the essential functions of his job. Hadler suggested that Wentworth review the University\u2019s processes for faculty accommodations. Wentworth agreed to meet but initially resisted any suggestion that he needed accommodations. Wentworth insisted that his problems were only because his wife had left him. At this meeting, Wentworth asked Hadler about the possibility of teaching through the end of the semester and then taking research leave. However, the University did not offer research leave. During the February 2015 meeting, Hadler offered Wentworth a medical leave, which involved: 1) relieving him of all duties; 2) stopping his tenure clock, which would require him to continue to teach and perform other duties, but push back his deadlines for completing a body of research for consideration for tenure purposes; and 3) other accommodations. In early April 2015, students complained about Wentworth\u2019s behavior. Some of the complaints alleged Wentworth held their hands, talked about his personal life, and We use cookies to improve your Website experience, provide additional security, and remember you when you return to the Website. By continuing to use this Website, you agree to the use of cookies. See our Privacy Policy to learn more about how we use cookies \u00d7 2/17/25, 2:04 Professor Defeats Public University\u2019s Motion For Summary Adjudication On Information Practices Act Claim - Liebert Cassidy Whit\u2026 O\u2026 1/3 said he was attracted to them. Later in April 2015, Wentworth\u2019s doctors wrote notes: 1) saying that he had a partial disability that prevented him from satisfying the research component of his duties; and 2) requesting to stop his tenure clock for two semesters. In July 2015, the University approved his request for accommodation. In October 2015, the university investigated Wentworth\u2019s conduct. The investigation concluded that he had violated policies on sexual harassment and failed to meet certain academic responsibilities. As a result, the University terminated Wentworth in May 2017. From February to April 2016, some of the students who alleged Wentworth had sexually harassed them discussed their experiences with the media. Soon articles were published about Wentworth. The article in the San Francisco Chronicle included a description of a letter department professors had written to the department head regarding Wentworth. In a faculty-student department meeting in April 2016, the head of the department described the interactive process conversations he had with Wentworth, among other confidential information regarding the complaints against Wentworth. In September 2016, Wentworth filed an action against the university, alleging several causes of action under the Fair Employment and Housing Act (FEHA) (including disability harassment, disability discrimination, retaliation, failure to engage in the interactive process, failure to provide reasonable accommodation, and failure to prevent discrimination, harassment, and retaliation) and the Information Practices Act (IPA). Wentworth claimed that the University failed to engage in the interactive process and provide reasonable accommodations for his bipolar disorder, and that it invaded his privacy by leaking information about student complaints and his disability accommodations to the media. The superior court granted summary adjudication in favor of the University on the claims of failure to engage in the interactive process, failure to provide reasonable accommodations, and invasion of privacy. The California Court of Appeal affirmed the trial court\u2019s rulings on the interactive process and reasonable accommodation claims because the evidence showed that the university engaged in the interactive process in good faith and offered a reasonable accommodation, which the professor did not assert was inadequate. We use cookies to improve your Website experience, provide additional security, and remember you when you return to the Website. By continuing to use this Website, you agree to the use of cookies. See our Privacy Policy to learn more about how we use cookies. 2/17/25, 2:04 Professor Defeats Public University\u2019s Motion For Summary Adjudication On Information Practices Act Claim - Liebert Cassidy Whit\u2026 O\u2026 2/3 The Court reversed the summary adjudication of the invasion of privacy causes of action, finding that there were triable issues of fact regarding whether the University violated the IPA. The prohibits state agencies, like the University from disclosing information that identified or described employees like Wenworth, including information about medical or employment history. The letter about student complaints and the discussion at the April 2016 student-faculty meeting contained information regarding Wentworth\u2019s medical and employment history. The University did not dispute that the leaks of information about Wentworth could be attributed to it. The Court held that a reasonable jury could conclude from this evidence that someone in the department leaked the letter to the media to bring attention to Wentworth. The Court of Appeal reversed the grant of summary adjudication on the claim and remanded the matter to the trial court. Wentworth v. Regents of University of California, 105 Cal.App.5th 580 (2024). Client Update for Public Agencies Whistleblower\u2019s False Claims Act Cause of Action Survives Summary Judgment Client Update for Public Agencies, Fire Watch, Law Enforcement Briefing Room Partner Morin Jacob and Associate Attorney Caroline Cohen Prevail on Hostile Work Environment Claim View More News We use cookies to improve your Website experience, provide additional security, and remember you when you return to the Website. By continuing to use this Website, you agree to the use of cookies. See our Privacy Policy to learn more about how we use cookies. 2/17/25, 2:04 Professor Defeats Public University\u2019s Motion For Summary Adjudication On Information Practices Act Claim - Liebert Cassidy Whit\u2026 O\u2026 3/3"} |
7,768 | Norwood Teague | University of Minnesota | [
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] | {"7768_101.pdf": "Norwood Teague resigns as athletic director at University of Minnesota According to redacted documents released by the university Friday afternoon one of the women who complained said that former athletic director Norwood Teague asked to perform oral sex on her 13, 2015 11:21AM University of Minnesota athletic director Norwood Teague resigned Friday amid revelations that he sexually harassed two female university employees \u2014 inappropriately touching both at a university-sponsored event, and sending a slew of graphic texts to one. Teague acknowledged his actions and expressed concern about his substance abuse in a text message sent to media members. \"At a recent University event had entirely too much to drink,\" Teague wrote behaved badly toward nice people, including sending truly inappropriate texts am embarrassed and apologize for my offensive behavior. This behavior neither reflects my true character nor the values of the University am extremely proud of our accomplishments during my tenure here, and don't want my personal life to impact the University's reputation have taken immediate steps to obtain help with my alcohol issues, and take full responsibility for my actions.\" University President Eric Kaler named deputy athletic director Beth Goetz interim while attempting to separate the university from Teague. By Amelia Rayno Minnesota News You Can Use Subscribe 2/17/25, 2:04 Norwood Teague resigns as athletic director at University of Minnesota 1/7 view this as the action of one man who was overserved [alcohol] and a series of bad events happened,\" Kaler said at a news conference. \"It doesn't reflect the culture and the values of the university.\" Teague's departure comes at a critical time for the athletic department. His signature project \u2014 a $190 million athletic facilities village \u2014 is $50 million short of a fundraising target to receive approval from the Board of Regents next month. The village, along with a football training facility and an eventual basketball practice facility are considered vital by athletics administrators to attract recruits, retain coaches and keep Minnesota competitive. Teague, 49, came to Minnesota in April 2012 from Virginia Commonwealth, where he had been athletic director since 2006. He replaced Joel Maturi and carried a reputation for being a skilled fundraiser, which was considered one of the reasons that had risen to national men's basketball prominence. During his three-year tenure, Teague made several high-profile moves, including the hiring of men's basketball coach Richard Pitino and women's basketball coach Marlene Stollings. University officials did not provide any timeline or location for the harassment, but provided copies of the texts and redacted documents describing the event. According to those accounts, Teague connected with the two women, neither of whom are students, at a recent university group dinner. At first, he engaged in seemingly innocent interactions and questions. Later, as he consumed more alcohol, he became aggressive both verbally and physically conversation about university sports veered to Teague repeatedly asking one woman why she hadn't married her boyfriend. Shortly after, he began rubbing her back and poking her waist. At the same dinner, Teague began texting the second woman, who is married. She had originally given Teague her number to set him up with a friend. Teague called the victim \"cute\" multiple times, suggesting they have a drink with \"no touching,\" and went on to say they should go skinny dipping, to which she replied \"No,\" and \"Stop.\" When she left the room, Teague followed her, asking whether she had ever cheated or would consider cheating on her husband. When she shook off his advances, Teague began pinching her buttocks and then continued to text, asking if he could perform oral sex on her. He continued with a series of 10 unanswered texts as the woman tried to ignore him and engage with others at the dinner. Both women ultimately left in the company of others out of fear that they would be followed by Teague. Teague's behavior was reported the next day and Kaler subsequently met with Teague. Afterward, in a letter to Teague, Kaler wrote am concerned that your drinking was excessive and impaired your judgment requested and you agreed to seek an alcohol abuse screening assessment from a qualified health care professional and share the results with me. If recommended expect you will take any additional actions needed to be healthy. \"In addition, you will not contact either of the two women who were subject to your advances either in person or through electronic or other written means unless professionally required. Likewise, you will refrain from making any inappropriate sexual advances, either verbal or in writing, including through social media, text messages or other forms of electronic communication in general in the context of your role as the athletic director.\" Equal Opportunity Affirmative Action notes on Teague meeting - Party 1 Equal Opportunity Affirmative Action notes on Teague meeting - Party 2 Kaler said Friday if Teague had not resigned there would have been a university investigation. Kaler said there would be no severance package for Teague beyond the university paying for three months of health care. Teague could be paid $285 per hour \u2014 his salary as athletic director \u2014 for up to a month as a consultant during the transition. Teague also will be barred from campus. \"It is disappointing and disheartening to learn about the events that led to [Teague's] resignation,\" Dean Johnson, chairman of the university's Board of Regents, said in a statement. \"The university is committed to fostering a respectful and welcoming environment, and today's actions are consistent with those values. The board fully supports President Kaler's decision to accept Mr. Teague's resignation.\" 2/17/25, 2:04 Norwood Teague resigns as athletic director at University of Minnesota 2/7 Goetz, 42, was not made available for interviews. Kaler said he would have more information about the process of hiring an athletic director \"within the next couple weeks.\" Norwood Teague has resigned as athletic director at University of Minnesota after sending graphic texts to employees. (File Photo/The Minnesota Star Tribune) 2/17/25, 2:04 Norwood Teague resigns as athletic director at University of Minnesota 3/7 President Eric Kaler announced the resignation of Norwood Teague, Gophers athletic director at University of Minnesota. (Star Tribune/The Minnesota Star Tribune) Share Amelia Rayno See More More from Gophers See More Turnovers prove costly for Gophers in home loss to Oregon 2/17/25, 2:04 Norwood Teague resigns as athletic director at University of Minnesota 4/7 Sunday was another disappointing game taking care of the ball for the Gophers women's basketball team, which watched as the Ducks had a 23-7 edge in points off turnovers men's basketball recruits excited watching comeback victory over Gophers push back in L.A. for victory over in men's basketball 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 2/17/25, 2:04 Norwood Teague resigns as athletic director at University of Minnesota 5/7 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. 2/17/25, 2:04 Norwood Teague resigns as athletic director at University of Minnesota 6/7 2/17/25, 2:04 Norwood Teague resigns as athletic director at University of Minnesota 7/7", "7768_102.pdf": "Image by Elizabeth Brumely, Daily File Photo Former Gophers athletics director Norwood Teague on Sept. 18, 2014. Teague resigned from the University in 2015 following a sexual harassment scandal paid roughly $300,000 in sex harassment settlements Daily Email Edition Get Daily delivered to your inbox Monday through Friday Latest Stories About Us Daily Archive Advertise Jobs Alumni following Norwood Teague scandal The University paid two employees settlements and covered medical bills and attorney expenses following allegations against former athletic director Norwood Teague. by Madeline Deninger Published April 30, 2018 The University of Minnesota paid almost $300,000 in legal settlements to two University employees who reported being sexually harassed by former athletics director Norwood Teague. According to documents published in the Star Tribune, the University paid the employees settlements and covered attorney fees and medical costs. Teague resigned in August 2015 amid allegations of sexual misconduct by two University employees, who later came forward as Ann Aronson and Erin Dady. The first reported incident occurred on a University leadership retreat to Breezy Point Resort in 2015. In a statement to the University, Aronson and Dady, who held senior leadership positions in President Eric Kaler\u2019s office, said Teague\u2019s behavior was \u201cfrightening and wrong.\u201d \u201cIn sharing our story today, we hope to make it easier for those who experience sexual harassment and assault to come forward,\u201d the statement read. The documents published in the Star Tribune redact the names of the recipients, but the time frame of the settlement coincides with the allegations of Aronson and Dady. Sen. Tina Smith will not run for U.S. Senate in 2026 Published February 13, 2025 researchers, state senators speak out against funding cuts Published February 13, 2025 \u2018Institute of Hearts\u2019 celebrates art with hearts Published February 13, 2025 According to the Star Tribune report, Dady left her position in Kaler\u2019s office one year after the retreat. In the settlement, the unnamed employee is offered a severance package of $181,630, the equivalent of one year\u2019s salary for the current position. The settlements also cover medical expenses within two years of the incident for both recipients and $25,000 each in attorney fees. In exchange, the recipients cannot seek further settlements, and forfeit liability on the University\u2019s part. \u201cAt times, the use of settlements to acknowledge wrongs and attempt to heal wounds is entirely appropriate,\u201d said University spokesperson Evan Lapiska in a statement. \u201cAt the time of this incident, the University was very transparent and Norwood Teague quickly left the University. Since then, the University\u2019s policies have been strengthened and we have learned from the past. But we also continue to work to reinforce a culture that prevents sexual misconduct and aggressively addresses it when it occurs.\u201d Leave a Comment More in City Sen. Tina Smith will not run for U.S. Senate in 2026 researchers, state senators speak out against funding cuts City Council awards Minnesota Indian Women's Center $100,000 The Minnesota Daily \u2022 \u00a9 2025 The Minnesota Daily \u2022 Privacy Policy Pro WordPress Theme by \u2022 Log in Minnesota House DFL, Republicans reach agreement ending boycott Minneapolis picks new Poet Laureate Insulin costs capped at $35 per month in Minnesota \uf39e \uf16d \ue61b \uf0e1 \uf09e 2221 University Ave 450 Minneapolis 55414 (612) 435-5657 Sections News Administrati\u2026 Activities Opinion Arts & Enter\u2026 Sports Multimedia Daily Arc\u2026 About the Daily About Us Contact Us Content Div\u2026 Send Us N\u2026 Donate Advertise Sponsored C\u2026 Corrections Policies & Procedures Terms And Co\u2026 News & Ethics \u2026 Privacy Policy Freelance Policy Online Comme\u2026 Board Of Direc\u2026 Letters To The \u2026 Content Remo\u2026", "7768_103.pdf": "Statements regarding Norwood Teague resignation August 7, 2015 The following statements are from University of Minnesota leaders regarding the resignation of Gopher Athletics Director Norwood Teague. President Eric W. Kaler: Today accepted the resignation of Gopher Athletics Director Norwood Teague, effective immediately. Norwood\u2019s resignation follows the report of two recent incidents of sexual harassment of two non-student University employees, based on unwelcome sexual advances and verbal and physical conduct of a sexual nature occurring on the same evening have spoken personally to the employees and expressed my sincere regrets that they experienced this behavior. The University has an explicit policy against sexual harassment and a strong code of conduct that articulates the standards and behaviors we expect of our employees. Our senior leaders, in particular, must behave at the highest standards and set a positive example for our students and University community take allegations of sexual harassment very seriously. The incidents were reported the day after the behavior occurred, and spoke to Norwood about it the following day. Norwood has acknowledged his inappropriate behavior and has expressed remorse for his actions. He has also fully cooperated in our review of this matter and in this leadership transition in Gopher Athletics. While this does not excuse the behavior, Norwood has disclosed that he is seeking alcohol counseling and assistance, and hope those efforts will be successful. Regardless believe his resignation is the appropriate response know many of you will have questions about the short- and long-term effects on Gopher Athletics understand that and will try to answer those questions as best can. What can tell you today is that have asked Beth Goetz, deputy athletics director and senior woman administrator, to step in as interim athletics director, and she has agreed to do so. Beth has had a leadership role in Gopher Athletics for three years as the second to the AD. She joined us from Butler University, where she was senior woman administrator. 2/17/25, 2:05 Statements regarding Norwood Teague resignation | University of Minnesota 1/2 While this is a quick and unexpected transition have great confidence in our athletics program, its current direction, and its recent successes. We have a very strong senior management team and outstanding coaches and staff am confident this team will help us continue the department\u2019s momentum during this transition. We will have more information for you about next steps for Gopher Athletics within the next couple weeks. In the meantime ask for your patience also ask for your continued support of our student-athletes and Gopher Athletics program. But today want to reiterate my commitment to ensuring a healthy learning, working and living environment at the University for all faculty, staff, and students. While am deeply disappointed in this turn of events am confident that we are proceeding in the right way. Sexual harassment at the University of Minnesota will not be tolerated. We need to be vigilant in our efforts to ensure that those who experience harassment can access the resources available to them and know that the University takes this issue very seriously. Board of Regents Chair Dean Johnson: \"It is disappointing and disheartening to learn about the events that led to the resignation of Gopher Athletics Director Norwood Teague. The University is committed to fostering a respectful and welcoming environment, and today\u2019s actions are consistent with those values. The Board fully supports President Kaler\u2019s decision to accept Mr. Teague\u2019s resignation.\" Interim Athletics Director Beth Goetz: \u201cGopher Athletics has 725 student-athletes preparing for the upcoming academic year. These young men and women have produced positive results \u2013 both academic and athletic \u2013 in recent years. During this transition and beyond, our focus is on fully supporting them, as well as our coaches and our staff, as we build on that success and keep our athletics department moving forward.\u201d Media Contacts Main Line University Public Relations 612-624-5551 unews@umn.edu 2/17/25, 2:05 Statements regarding Norwood Teague resignation | University of Minnesota 2/2", "7768_104.pdf": "Minnesota resigns amid harassment claims 10y College baseball preview: The storylines, teams and players to watch in 2025 3d Everything you need to know for the 2025 Clearwater Invitational: Players to watch, schedule, stats 4d - Erika LeFlouria College softball rankings: The top 25 teams after Week 1 5d Previewing the 2025 college softball season: Players to watch, key storylines and predictions 11d Nebraska play-by-play voice Sharpe dies at 61 2d hands volleyball coach extension after title 3d Judge denies slugger Osuna's injunction request 3d Women's flag football endorsed as emerging sport 4d Dept. of Ed: Title does not apply to athlete pay 5d - Paula Lavigne Holmoe retiring as after 20- plus years 5d Caps prospect Hutson upset BC, win Beanpot 6d Aug 7, 2015, 08:36 Share Minnesota athletic director Norwood Teague resigned on Friday morning amid allegations of sexual harassment involving two university employees, the school announced Friday. The university released redacted transcripts of the sexual harassment complaints against Teague, which included texts to one woman in which he asked her to skinny dip and for him to perform oral sex on her. ESPN.com news services Minnesota Norwood Teague resigns amid sexual harassment allegations 2/17/25, 2:05 Minnesota Golden Gophers Norwood Teague resigns amid sexual harassment allegations 1/4 The woman told school administrators that what started out as her texting with Teague about setting him up with one of her friends quickly devolved into Teague pinching her butt repeatedly and asking whether she was open to cheating on her husband. \"Then his texting started to cross the line as he suggested skinny dipping, another drink with no touching, his attraction to me, etc.,\" the woman wrote to school administrators. \"At this point responded, 'No' and 'Stop.' He continued to text.\" The other woman said Teague seemed intent on being next to her at the event and that she felt cornered by him at times. She said he kept asking when she was going to marry her boyfriend, and that he made unwelcome physical advances such as rubbing her back and poking her side. Both women, whose names were blacked out in the report, said they left the event with others because they felt that Teague might otherwise try to follow them. The school's president, Eric Kaler, said the investigation of the incidents has been handled internally, and he's unaware whether the women involved will seek legal action in the future. Teague resigned Friday, effective immediately, and apologized for having sent \"inappropriate texts\" in a statement issued through television station 11. He said he drank too much that night and that he would seek help for an alcohol problem. Kaler confirmed that Teague agreed to get help for his challenges with alcohol and avoid all contact with the two victims in the case behaved badly towards nice people and sent truly inappropriate texts,\" Teague said. \"I'm embarrassed, and apologize to everyone involved. This neither reflects my true character or the true character of this great, great university.\" Kaler announced Teague's resignation in an email to staff, pointing out that the women who accused Teague of harassing them are not student-workers. \"To be clear, sexual harassment will not be tolerated at the University of Minnesota and sincerely regret that our employees experienced this behavior. The University has an explicit policy and a strong code of conduct that articulates our standards,\" Kaler wrote. Beth Goetz, deputy athletic director and senior woman administrator, has been named interim athletic director. Goetz worked at Butler prior to her arrival at Minnesota in 2013. \"Gopher Athletics has 725 student-athletes preparing for the upcoming academic year,\" Goetz said in a statement released by the school. \"These young men and women have Terms of Use Privacy Policy Interest-Based Ads Enterprises, Inc. All rights reserved. 2/17/25, 2:05 Minnesota Golden Gophers Norwood Teague resigns amid sexual harassment allegations 2/4 produced positive results -- both academic and athletic -- in recent years. During this transition and beyond, our focus is on fully supporting them, as well as our coaches and our staff, as we build on that success and keep our athletics department moving forward.\" Teague was hired to replace Joel Maturi and was charged with reshaping a Golden Gophers athletic department that had fallen far behind the rest of the Big Ten in terms of facilities. Unlike Maturi, who tried to build a department that put resources into both the cash-generating sports like football and men's basketball and the lower-profile sports, including track and wrestling, Teague came in with a clear plan to emphasize the most popular sports in the hopes of generating more revenue that could trickle down to the rest of the department. He set about to raise nearly $200 million to bring new practice facilities for football and men's basketball -- a gargantuan task for a school that hasn't had the type of sporting success that gets big donors to open their wallets. But Teague helped raise about $70 million in the first year of the plan, and the school had hoped to start breaking ground on new projects this fall feel bad for everybody in the situation. Certainly not a good situation, but trust our president,\" football coach Jerry Kill said. \"I've talked to President Kaler and trust him 100 percent, and everybody's going to say we're going to get that thing started,\" he said, referring to the groundbreaking on the new facilities. Kaler said the fundraising efforts will continue without Teague believe our donors are giving to an athletic village program at the University of Minnesota. They were not giving to an athletic village program for Norwood Teague,\" Kaler told reporters at a Friday news conference. \"The university's momentum behind this is high. I've spoken with several members of the Board of Regents who expect us to continue to advance this project and bring it forward on schedule.\" Teague carved out a reputation as a basketball administrator in his previous six years as athletic director at VCU, where he teamed with coach Shaka Smart to bring the little- known program to national prominence. While at Minnesota, he fired Tubby Smith and hired Richard Pitino, the son of coaching legend Rick Pitino, to lead the men's program. He also replaced Pam Borton with Marlene Stollings on the women's side. Teague said he planned to \"reassess my career and life options. While I'm proud of my career accomplishments want to stop and take a look at my life and alcohol issues.\" Terms of Use Privacy Policy Interest-Based Ads Enterprises, Inc. All rights reserved. 2/17/25, 2:05 Minnesota Golden Gophers Norwood Teague resigns amid sexual harassment allegations 3/4 Kaler said the Teague will not receive a severance package, but the university may choose to hire him as a consultant in the future -- at $285 per hour -- to assist in fundraising efforts and identify donors for projects he previously managed. Kaler said the best way for the university to repair its national reputation, blemished long before an academic scandal removed its 1997 Final Four banner, is to move forward. In recent months, the school has been accused of discrimination under Title in its appropriation of resources for women's athletics, an allegation that federal officials are reviewing. Former Gophers basketball player Daquein McNeil left the squad in January after he was arrested on a domestic violence charge. Just over seven months later, Teague resigned from his post as athletic director because of sexual harassment. Kaler said Teague's actions do not reflect a cultural issue for the athletic department at Minnesota. \"It's the action of one man,\" Kaler said. ESPN.com's Myron Medcalf, Brian Bennett and The Associated Press contributed to this report. Terms of Use Privacy Policy Interest-Based Ads Enterprises, Inc. All rights reserved. 2/17/25, 2:05 Minnesota Golden Gophers Norwood Teague resigns amid sexual harassment allegations 4/4", "7768_105.pdf": "By By | | jverges@pioneerpress.com jverges@pioneerpress.com | Pioneer Press | Pioneer Press UPDATED: UPDATED: April 30, 2018 at 6:44 April 30, 2018 at 6:44 The University of Minnesota paid $282,000 to resolve two sexual harassment The University of Minnesota paid $282,000 to resolve two sexual harassment complaints against former athletics director Norwood Teague, according to complaints against former athletics director Norwood Teague, according to newly released documents. newly released documents. Teague resigned Teague resigned without additional compensation in August 2015 after the without additional compensation in August 2015 after the university decided to investigate his behavior at a July 15 senior leadership university decided to investigate his behavior at a July 15 senior leadership retreat. retreat. Ann Aronson, deputy chief of staff to President Eric Kaler, and Erin Dady, a Ann Aronson, deputy chief of staff to President Eric Kaler, and Erin Dady, a special assistant to the president, later said publicly that they were the special assistant to the president, later said publicly that they were the recipients of Teague\u2019s unwanted attention recipients of Teague\u2019s unwanted attention.. The university on Monday released two settlement agreements with Aronson The university on Monday released two settlement agreements with Aronson and Dady in response to a Pioneer Press public records request. and Dady in response to a Pioneer Press public records request paid $282,000 to resolve paid $282,000 to resolve sexual harassment complaints sexual harassment complaints against Norwood Teague, against Norwood Teague, records show records show 2/17/25, 2:05 paid $282,000 to resolve sexual harassment complaints against Norwood Teague, records show \u2013 Twin Cities 1/3 Norwood Teague (John Norwood Teague (John Doman / Pioneer Press) Doman / Pioneer Press) The women\u2019s names were redacted in the initial The women\u2019s names were redacted in the initial release. The released unredacted documents release. The released unredacted documents after acknowledging there was no legal after acknowledging there was no legal justification for keeping the names secret. justification for keeping the names secret. The records show that exactly one year after the The records show that exactly one year after the retreat, Dady signed a separation agreement retreat, Dady signed a separation agreement awarding her $181,630 \u2014 one year\u2019s salary. awarding her $181,630 \u2014 one year\u2019s salary. Dady also got a positive reference letter from Dady also got a positive reference letter from Kaler and up to a year of employer health care Kaler and up to a year of employer health care contributions. An additional $25,000 went to her contributions. An additional $25,000 went to her attorney. attorney. Four months later, the gave Aronson a one- Four months later, the gave Aronson a one- time payout of $50,000 \u2014 plus $25,000 to her time payout of $50,000 \u2014 plus $25,000 to her attorney \u2014 to resolve her complaints. attorney \u2014 to resolve her complaints. Aronson also got a guaranteed three-year Aronson also got a guaranteed three-year appointment instead of a year-to-year employment agreement. appointment instead of a year-to-year employment agreement. In addition, both women were promised reimbursement for health care costs In addition, both women were promised reimbursement for health care costs related to Teague\u2019s harassment. related to Teague\u2019s harassment. Aronson still works as the U\u2019s chief marketing officer. Aronson still works as the U\u2019s chief marketing officer. Bremer Bank announced in November 2017 that Dady would become its chief Bremer Bank announced in November 2017 that Dady would become its chief marketing officer. marketing officer. The Pioneer Press previously reported that the women complained that The Pioneer Press previously reported that the women complained that Teague gave them unsolicited backrubs and pinched them on the buttocks Teague gave them unsolicited backrubs and pinched them on the buttocks and waist, and he asked one if she\u2019d be open to cheating on her husband. and waist, and he asked one if she\u2019d be open to cheating on her husband. One woman also reported receiving text messages from Teague soliciting oral One woman also reported receiving text messages from Teague soliciting oral sex and asking whether she\u2019d go skinny dipping. sex and asking whether she\u2019d go skinny dipping. In a letter to acquaintances the day he resigned, Teague wrote that he\u2019d \u201chad In a letter to acquaintances the day he resigned, Teague wrote that he\u2019d \u201chad entirely too much to drink and behaved inappropriately, communicated entirely too much to drink and behaved inappropriately, communicated inappropriately towards colleagues.\u201d inappropriately towards colleagues.\u201d Teague has been involved in at least two other large university payouts. Teague has been involved in at least two other large university payouts. In 2014, the school paid $175,000 to senior associate athletics director Regina In 2014, the school paid $175,000 to senior associate athletics director Regina Sullivan, who said Teague fired her for questioning his commitment to Sullivan, who said Teague fired her for questioning his commitment to gender equity in sports. gender equity in sports. 2/17/25, 2:05 paid $282,000 to resolve sexual harassment complaints against Norwood Teague, records show \u2013 Twin Cities 2/3 2018 2018 \ue907 \ue907April April \ue907 \ue90730 30 Originally Published: Originally Published: April 30, 2018 at 4:51 April 30, 2018 at 4:51 And in 2012, when Teague was athletics director for Virginia Commonwealth And in 2012, when Teague was athletics director for Virginia Commonwealth University, that school paid $125,000 to resolve a gender discrimination University, that school paid $125,000 to resolve a gender discrimination lawsuit brought by women\u2019s basketball coach Beth Cunningham. lawsuit brought by women\u2019s basketball coach Beth Cunningham. Further, soon after Teague\u2019s resignation, Star Tribune reporter Further, soon after Teague\u2019s resignation, Star Tribune reporter Amelia Rayno Amelia Rayno wrote in a column wrote in a column that Teague had sent her numerous flirtatious text that Teague had sent her numerous flirtatious text messages and followed her into a cab and groped her in December 2013. messages and followed her into a cab and groped her in December 2013. The said in a statement Monday that it has strengthened its policies and The said in a statement Monday that it has strengthened its policies and continues to \u201cwork to reinforce a culture that prevents sexual misconduct and continues to \u201cwork to reinforce a culture that prevents sexual misconduct and aggressively addresses it when it occurs. aggressively addresses it when it occurs. \u201cThe use of settlements to acknowledge wrongs and attempt to heal wounds \u201cThe use of settlements to acknowledge wrongs and attempt to heal wounds is entirely appropriate,\u201d it continued. is entirely appropriate,\u201d it continued. Morning Report: Get the best stories from St. Paul and its suburbs in your Morning Report: Get the best stories from St. Paul and its suburbs in your inbox inbox In the five years before the Teague episode, the received In the five years before the Teague episode, the received 11 claims of 11 claims of sexual harassment and paid out $449,500 sexual harassment and paid out $449,500, the said in response to a , the said in response to a previous Pioneer Press records request. previous Pioneer Press records request. One of those cases, of a gymnast who accused her coach\u2019s husband of One of those cases, of a gymnast who accused her coach\u2019s husband of unwanted touching and comments, sparked an overhaul of the unwanted touching and comments, sparked an overhaul of the U\u2019s sexual U\u2019s sexual harassment policies harassment policies and training. and training. 2/17/25, 2:05 paid $282,000 to resolve sexual harassment complaints against Norwood Teague, records show \u2013 Twin Cities 3/3", "7768_106.pdf": "Menu Search Sign in Sign up Tim Nelson and Peter Cox \u00b7 August 7, 2015 9:30 Sexually harassing behavior, texts bring athletic chief's resignation Norwood Teague will not receive a severance package from the University of Minnesota but will be available as a consultant at his current pay, $285 an hour, if needed, according to President Eric Kaler. Here, Teague paused before speaking during a March 2013 news conference. Carlos Gonzalez | Star Tribune via 2013 Listen Tim Nelson talks with News' Steven John Save Updated: 4:06 p.m. | Posted: 9:35 a.m. Norwood Teague resigned Friday as the University of Minnesota's athletic director amid reports he sexually harassed two workers. Newsletters 2/17/25, 2:05 Sexually harassing behavior, texts bring athletic chief's resignation News 1/6 \"At a recent university event had entirely too much to drink behaved badly towards nice people and sent truly inappropriate texts,\" Teague said in a statement he read Friday morning to 11. \"I'm embarrassed and apologize to everyone involved.\" Teague said he plans to seek professional help for his alcohol use and take stock of his life. At an afternoon press conference, University of Minnesota President Eric Kaler declined to detail what happened or where, citing the need to keep the confidentiality of those who filed the complaints. He said, however, that Teague's behavior was sexual harassment and characterized it as \"unwelcome sexual advances and verbal and physical conduct of a sexual nature redacted transcript of the investigation and text messages released later in the day by the show the graphic nature of that harassment. The investigative transcript includes passages where Teague pursues a woman with questions about whether she would cheat on her spouse and repeatedly pinches her buttocks and touches her inappropriately during a university event, to the point where she felt \"shaken\" and \"a little fearful if others had not been there.\" Copies of text messages reveal a conversation that began pleasantly but degenerated into Teague asking a woman to let him perform oral sex on her. NewsCut: Sexual harassment and sports culture collide at \u25e5 Two accounts of reported sexual harassment \u25e5 Letter from Kaler to Teague regarding reported harassment 2/17/25, 2:05 Sexually harassing behavior, texts bring athletic chief's resignation News 2/6 Former Minnesota and player Randy Breuer, left, joined Norwood Teague during a ceremony to retire Breuer's jersey during half-time of a January 2015 basketball game in Minneapolis. Teague resigned Friday as the University of Minnesota's athletic director. Ann Heisenfelt file Kaler said Teague was facing greater investigation into the complaints and resigned. The president added that he didn't tell Teague he'd be fired if he didn't quit but that the investigation would have gone forward had he not resigned. \"We terminated the investigation and parted ways,\" Kaler said, adding the university is not facing any additional legal action tied to what happened. He said this was the first report the has ever received of sexual harassment committed by Teague. Teague will get no severance package but will be available as a consultant at his current pay, $285 an hour, if needed, Kaler said. The university is also providing three months of federal health insurance benefits at about $700 a month, since Teague's alcohol use is a health issue, he added 2/17/25, 2:05 Sexually harassing behavior, texts bring athletic chief's resignation News 3/6 Board of Regents Chairman Dean Johnson said he and Vice Chairman David McMillan were contacted Saturday morning by Kaler and the university's legal counsel and got an initial briefing on the complaint. Johnson said he was pleased with Kaler's forthright response and quick handling of the situation. Kaler, he added, made calls to some donors Thursday night and this morning to reassure them and restore any confidence those who might be questioning the management of the athletic department. Teague took over as the Gophers' athletic director in 2012, succeeding Joel Maturi, after six years in the same position at Virginia Commonwealth University. Before coming to Minnesota, Teague spent two decades in college sports, working at the University of North Carolina, Arizona State University and University of Virginia. He made fundraising a priority at the U. His highest profile moves involved the firing of men's basketball coach Tubby Smith and the hiring of Smith's replacement, Richard Pitino. Teague on Friday said university athletics was in \"great shape\" and that fundraising to build a $190 million Athletics Village project was going \"extremely well.\" Kaler said that Beth Goetz, the university's deputy athletic director and senior woman administrator, will step in as interim athletics director while a national search is launched to find a permanent replacement. Donors giving to the Athletics Village remain supportive and the project remains on schedule, he added. Two of those major donors agreed. John and Nancy Lindahl recently gave $17 million to the university, including $12 million earmarked for the Athletics Village. The couple also co-chaired the fundraising campaign for Bank Stadium. June 2012: Teague takes over as Gophers 2/17/25, 2:05 Sexually harassing behavior, texts bring athletic chief's resignation News 4/6 Program Schedule Station Directory \"I'm saddened and disappointed, obviously,\" Nancy Lindahl said. \"But it doesn't deter our commitment to University of Minnesota or Gopher athletics.\" She said she talked with several other donors Friday and they don't see this as a reflection on the institution. \"The university is not dependent on any one individual,\" she said. While Teague was the \"face of Gopher athletics, it is the action of one man and doesn't reflect the culture of the athletics department,\" Kaler said. Kaler said that he talked to Teague the day after the harassment complaint surfaced. \"He indicated to me that this was a bad night.\" News you can use in your inbox Enter your email Terms About News Careers 2/17/25, 2:05 Sexually harassing behavior, texts bring athletic chief's resignation News 5/6 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 2/17/25, 2:05 Sexually harassing behavior, texts bring athletic chief's resignation News 6/6", "7768_107.pdf": "Ex Teague subject in 2 settlements since '12 10y College baseball preview: The storylines, teams and players to watch in 2025 3d Everything you need to know for the 2025 Clearwater Invitational: Players to watch, schedule, stats 4d - Erika LeFlouria College softball rankings: The top 25 teams after Week 1 5d Previewing the 2025 college softball season: Players to watch, key storylines and predictions 11d Nebraska play-by-play voice Sharpe dies at 61 2d hands volleyball coach extension after title 3d Judge denies slugger Osuna's injunction request 3d Women's flag football endorsed as emerging sport 4d Dept. of Ed: Title does not apply to athlete pay 5d - Paula Lavigne Holmoe retiring as after 20- plus years 5d Caps prospect Hutson upset BC, win Beanpot 6d Aug 11, 2015, 08:32 Share Like Recently resigned University of Minnesota athletic director Norwood Teague was the subject of gender discrimination settlements dating to 2012 and spanning incidents in two university athletic departments, according to a Minneapolis Star Tribune report. Records obtained by the Star Tribune reveal complaints of gender discrimination by co- workers against Teague that resulted in settlements totaling $300,000. One complaint, lodged in 2012, stems from Teague's time as athletic director at Virginia Commonwealth University. The school's women's basketball coach, Beth Cunningham, filed a complaint for a reason that was not disclosed in the records. After Teague left for ESPN.com news services Schools paid $300K in discrimination settlements against Norwood Teague 2/17/25, 2:05 Former University of Minnesota athletic director Norwood Teague was subject in two gender discrimination settlements dating to 20\u2026 1/4 Minnesota in April 2012, a settlement for $125,000 was reached with Cunningham in July of that year, the records show. Teague, who stepped down as Minnesota's on Friday amid allegations of sexual harassment by two university employees, was the target of a second gender discrimination complaint at his new post less than a year later. Regina Sullivan, a senior associate athletic director, filed a complaint against the University of Minnesota in March 2013 after she was fired in October 2012. Teague, Sullivan said, \"expected a woman in my position to take a passive role and defer to men's opinions\" regarding Title issues, the Star Tribune report read. Title is the law that prohibits sex discrimination in any school that receives federal funds. Sullivan's complaint alleges that Teague fired her because she questioned his \"commitment to Title IX.\" The university reached a settlement with Sullivan in April 2014 for $175,000, the records show. University of Minnesota spokesman Evan Lapiska said the school has not received any complaint about Teague beyond the two and stressed that Sullivan's claim was against the school, not its former athletic director. The Minneapolis Star Tribune obtained records that show ex-Minnesota Norwood Teague as the accused in two gender discrimination settlements since 2012 that totaled a payout of $300,000 Photo/Paul Battaglia Terms of Use Privacy Policy Interest-Based Ads Enterprises, Inc. All rights reserved. 2/17/25, 2:05 Former University of Minnesota athletic director Norwood Teague was subject in two gender discrimination settlements dating to 20\u2026 2/4 After responding to a third woman's claim of sexual harassment, university president Eric Kaler asked Monday that any other complainants come forward so the school can address the claims. Minneapolis Star Tribune basketball reporter Amelia Rayno wrote a firsthand account published late Sunday night, however, that alleged Teague sexually harassed her over a period of several months. In his statement Monday in response to the Star Tribune report, Kaler said, \"We will look into whether any university employees who have a responsibility to report these kinds of concerns were aware of the incidents.\" Rayno wrote that Teague groped her at a bar and followed her into a cab before sending suggestive text messages to her in 2013. Rayno said she met with human resources at the Star Tribune but ultimately decided not to bring the issue to university officials for fear of compromising her job as the Gophers men's basketball reporter. When Teague announced his resignation Friday, he acknowledged what he called \"inappropriate\" behavior and said he would seek treatment for his issues with alcohol. He didn't respond to requests for comment Monday from The Associated Press about the Star Tribune report. In the university reports, Teague was accused of sexually harassing two non-student employees on an unspecified night this year, drunkenly groping them both at a gathering of school officials and employees and sending sexually explicit text messages to one of the women. Kaler characterized the behavior as that of one man and not indicative of the entire athletic department. He also said Friday that the reports were the first indication that Teague had mistreated women. \"This is the first report of sexual harassment that the university received on Norwood Teague,\" he said flatly. Beth Goetz, deputy athletic director, is acting as interim athletic director. Information from The Associated Press was used in this report. Terms of Use Privacy Policy Interest-Based Ads Enterprises, Inc. All rights reserved. 2/17/25, 2:05 Former University of Minnesota athletic director Norwood Teague was subject in two gender discrimination settlements dating to 20\u2026 3/4 Terms of Use Privacy Policy Interest-Based Ads Enterprises, Inc. All rights reserved. 2/17/25, 2:05 Former University of Minnesota athletic director Norwood Teague was subject in two gender discrimination settlements dating to 20\u2026 4/4", "7768_108.pdf": "Newspaper case shows why sexual harassment can be complex for managers Published Aug. 13, 2015 Kathryn Moody Senior Editor Michael Hicks Dive Brief: University of Minnesota Athletic Director Norwood Teague was accused of sexual harassment and resigned from his job last week. But the story of Minneapolis Star Tribune sports reporter Amelia Rayno \u2013 who claimed to be one of the women harassed by Teague \u2013 had some pros questioning how the department of her paper handled the situation. According to her account, the Tribune gave her four options: \u201cthe company contacting Teague directly to demand that he cease the inappropriate behavior; contacting Teague\u2019s superiors to inform them of his behavior; changing beats; or\u2026waiting to see if the behavior continued before taking action.\u201d Rayno chose the last option because she \u201cdidn\u2019t want to risk losing access or switch her area of coverage pros are split on how the Tribune should have responded. Some say that they did well in accepting Rayno\u2019s decision, while others felt the paper should have gotten more involved. Dive Insight: 2/17/25, 2:05 Newspaper case shows why sexual harassment can be complex for managers Dive 1/2 For companies with employees who often work closely with those from other companies (journalists, marketers, etc.), dealing with sexual harassment issues can be even more complicated. Employers are, of course, obligated to provide a harassment-free environment for workers. The Star Tribune could have reported Teague to the university without Reyno\u2019s consent, Frances Baillon, partner at Minneapolis law firm Baillon Thome Jozwiak & Wanta, told bizjournals.com. But she cautions that may not always be the best choice, and that the Tribune was right in respecting Rayno\u2019s wishes. Sheila Engelmeier, an employment attorney at Engelmeier & Umanah, said that the Star Tribune should have done more. She noted that the Tribune could have found itself in legal trouble if the situation worsened, especially if the Tribune never formally addressed the situation. Engelmeier suggests that companies with close ties to other companies should have \u201can open dialogue\u201d in place so that they can work together to solve any issues that may arise should also make sure that the internal work environment encourages employees to bring up their concerns right away, she added. This way, employees feel safe and is safe from most legal issues. 2/17/25, 2:05 Newspaper case shows why sexual harassment can be complex for managers Dive 2/2", "7768_109.pdf": "Probe Largely Clears 'U' Athletics Dept. In Teague Case December 8, 2015 / 3:55 Minnesota (WCCO) \u2014 An outside investigation of University of Minnesota athletics largely exonerates the department of allegations of widespread sexual harassment. The report out today could not substantiate evidence of sexual harrassment or inappropriate conduct. But it cites misspending in the athletic department's $100 million budget News Weather Sports Video Shows & Specials -5\u00b0 Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/17/25, 2:05 Probe Largely Clears 'U' Athletics Dept. In Teague Case Minnesota 1/3 The investigation came after the University's former Athletic Director Norwood Teague resigned for sexually harassing two co-workers. Teague resigned in August after admitting he texted sexually explicit messages to two female coworkers at a management retreat. The three-month investigation by an outside Minneapolis law firm found some discrepancies, but no way to substantiate serious claims of misconduct. Investigators said they reviewed \"numerous claims\" of sexual harassment against Teague, but some were anonymous and others refused to be interviewed. The investigation found no evidence to substantiate other allegations of sexual harassment by Teague or other officials in the Athletic Department, nor evidence to prove the University knew, or should have known, of any prior complaints against Teague. \"By and large, the athletics department reflects the respect towards women that Minnesotans expect from this flagship institution,\" investigator Karen Schanfield. Investigators also reviewed how Teague was hired, after it was revealed he was the target of a discriminatioin complaint at his former school, Virginia Commonwealth University (VCU). The report concludes that, \"even if University had known of the complaint when Teague was hired, this knowledge would not have provided notice that Teague would later engage in sexual harassment\". \"Anytime an institution or ship takes a scud -- which we did -- there's damage. No doubt about it,\" Dean Johnson on the university's Board of Regents said. \"But we are now in the process of repairing that damage.\" The report did find \"inappropriate\" spending habits in the Athletic Department: Thousands of dollars spent on alcohol, clothing, hairstylists, private planes and limousines. And it recommends major changes in finance controls. More from News Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/17/25, 2:05 Probe Largely Clears 'U' Athletics Dept. In Teague Case Minnesota 2/3 \u00a92025 Broadcasting Inc. All Rights Reserved. Terms of Use Privacy Policy Cookie Details News Sports Weather Contests Program Guide Sitemap About Us Advertise Television Jobs Public File for Public Inspection File Help Applications Report \u00a9 2015 Broadcasting Inc. All Rights Reserved. In: Sexual Harassment University of Minnesota Video won't change charging decision in Winston Smith killing As deep freeze moves into Minnesota, frostbite can happen in just minutes Driver hits house, flees scene in Zumbrota; none hurt, police say Minnesotans march to honor missing and murdered Indigenous relatives Watch News 2/17/25, 2:05 Probe Largely Clears 'U' Athletics Dept. In Teague Case Minnesota 3/3"} |
7,585 | Alvaro Gomez | Stetson University | [
"7585_101.pdf",
"7585_102.pdf"
] | {"7585_101.pdf": "By By UPDATED: UPDATED: August 5, 2021 at 9:41 August 5, 2021 at 9:41 disciplinary committee has recommended that Alvaro Gomez, a disciplinary committee has recommended that Alvaro Gomez, a Stetson University music professor accused of sexually harassing one of his Stetson University music professor accused of sexually harassing one of his students, be allowed to keep his job. students, be allowed to keep his job. The recommendation will go to university president H. Douglas Lee, who will The recommendation will go to university president H. Douglas Lee, who will forward it to the board of trustees for a final decision. forward it to the board of trustees for a final decision. \u201cThis is an overdue vindication of Mr. Gomez,\u201d said Alan Gerlach, Gomez\u2019s \u201cThis is an overdue vindication of Mr. Gomez,\u201d said Alan Gerlach, Gomez\u2019s attorney. attorney. Gerlach said that the disciplinary committee did recommend that a letter of Gerlach said that the disciplinary committee did recommend that a letter of reprimand go into Gomez\u2019s personnel file for what Gerlach called \u201cone minor reprimand go into Gomez\u2019s personnel file for what Gerlach called \u201cone minor aspect of the case.\u201d Gerlach would not elaborate but Dr. Paul Langston, aspect of the case.\u201d Gerlach would not elaborate but Dr. Paul Langston, retired dean of the university\u2019s School of Music and an advocate for Gomez, retired dean of the university\u2019s School of Music and an advocate for Gomez, said the letter reprimands Gomez for spreading rumors about having seen said the letter reprimands Gomez for spreading rumors about having seen the student who accused him with another teacher. the student who accused him with another teacher. Gomez, who is on the West Coast of the United States this week on a music Gomez, who is on the West Coast of the United States this week on a music tour, could not be reached for comment. tour, could not be reached for comment Loading your audio article Loading your audio article 2/17/25, 2:06 \u2013 Orlando Sentinel 1/3 Originally Published: Originally Published: February 12, 2000 at 5:00 February 12, 2000 at 5:00 Stetson representatives would not comment on the case, saying it is a Stetson representatives would not comment on the case, saying it is a confidential personnel matter. confidential personnel matter. Last fall, Stetson\u2019s 10-member Sexual Harassment Grievance Council Last fall, Stetson\u2019s 10-member Sexual Harassment Grievance Council concluded that Gomez had created a hostile environment for one of his concluded that Gomez had created a hostile environment for one of his female students, according to Langston. female students, according to Langston. Gomez has been suspended with pay since last June. The Faculty Senate\u2019s Gomez has been suspended with pay since last June. The Faculty Senate\u2019s three-member Tenure and Academic Freedom Committee has been hearing three-member Tenure and Academic Freedom Committee has been hearing the case for the past several weeks. the case for the past several weeks. Gerlach would not give specifics about the allegations against Gomez. But Gerlach would not give specifics about the allegations against Gomez. But Langston said the charges were brought by a female student who was a Langston said the charges were brought by a female student who was a family friend of Gomez and his wife Routa Kroumovitch-Gomez, who also family friend of Gomez and his wife Routa Kroumovitch-Gomez, who also teaches music at Stetson. teaches music at Stetson. Kroumovitch-Gomez would not comment for this article. Kroumovitch-Gomez would not comment for this article. The student\u2019s name has not been released, but she has moved from the area. The student\u2019s name has not been released, but she has moved from the area. Langston said the student\u2019s mother and Gomez\u2019s wife grew up together in Langston said the student\u2019s mother and Gomez\u2019s wife grew up together in Eastern Europe, and that Kroumovitch-Gomez helped the student get a music Eastern Europe, and that Kroumovitch-Gomez helped the student get a music scholarship at Stetson in 1996, Langston said. scholarship at Stetson in 1996, Langston said. When the student arrived, Gomez and Kroumovitch-Gomez became the When the student arrived, Gomez and Kroumovitch-Gomez became the student\u2019s violin teachers. At that point, Gomez\u2019s story and that of the student student\u2019s violin teachers. At that point, Gomez\u2019s story and that of the student diverge, Langston said. diverge, Langston said. The student says that Gomez professed his love to her and even proposed The student says that Gomez professed his love to her and even proposed marriage, Langston said. The student says that when she rebuffed Gomez, marriage, Langston said. The student says that when she rebuffed Gomez, both he and his wife refused to teach her any longer, Langston says. both he and his wife refused to teach her any longer, Langston says. Gomez denies that any advances ever occurred, according to Langston. Gomez denies that any advances ever occurred, according to Langston. Rather, Gomez says that he and his wife refused to teach her after they heard Rather, Gomez says that he and his wife refused to teach her after they heard rumors that the student was accusing him of making advances, Langston rumors that the student was accusing him of making advances, Langston said. said. 2/17/25, 2:06 \u2013 Orlando Sentinel 2/3 2000 2000 \ue907 \ue907February February \ue907 \ue90712 12 2/17/25, 2:06 \u2013 Orlando Sentinel 3/3", "7585_102.pdf": "Id: tel-04272190 Submitted on 6 Nov 2023 is a multi-disciplinary open access archive for the deposit and dissemination of sci- entific research documents, whether they are pub- lished or not. The documents may come from teaching and research institutions in France or abroad, or from public or private research centers. L\u2019archive ouverte pluridisciplinaire HAL, est destin\u00e9e au d\u00e9p\u00f4t et \u00e0 la diffusion de documents scientifiques de niveau recherche, publi\u00e9s ou non, \u00e9manant des \u00e9tablissements d\u2019enseignement et de recherche fran\u00e7ais ou \u00e9trangers, des laboratoires publics ou priv\u00e9s. The democratic contributions of political parties that were linked to former armed groups Maria Ghanem To cite this version: Maria Ghanem. The democratic contributions of political parties that were linked to former armed groups. Political science. Universit\u00e9 Lumi\u00e8re - Lyon II, 2023. English : 2023LYO20039\uffff. \ufffftel-04272190\uffff N\u00b0 d\u2019ordre : 2023LYO20039 TH\u00c8SE de L\u2019UNIVERSIT\u00c9 LUMI\u00c8RE 2 \u00c9cole Doctorale 483 Sciences sociales Discipline : Science politique Soutenue publiquement le 30 janvier 2023 par : Maria The democratic contributions of political parties that were linked to former armed groups. Devant le jury compos\u00e9 de : Nathalie DUCLOS, Ma\u00eetresse de conf\u00e9rences HDR, Universit\u00e9 de Tours, Pr\u00e9sidente et Rapporteure Salvador PUIG, Professeur des Universit\u00e9s, Universitat de Girona, Rapporteur Agn\u00e8s MAILLOT, Associate Professor, Dublin City University, Examinatrice V\u00e9ronique DUDOUET, Charg\u00e9e de recherche, Berghof Foundation, Examinatrice David GARIBAY, Professeur des Universit\u00e9s, Universit\u00e9 Lumi\u00e8re Lyon 2, Directeur de th\u00e8se Contrat de diffusion Ce document est diffus\u00e9 sous le contrat Creative Commons \u00ab Paternit\u00e9 \u2013 pas de modification \u00bb : vous \u00eates libre de le reproduire, de le distribuer et de le communiquer au public \u00e0 condition d\u2019en mentionner le nom de l\u2019auteur et de ne pas le modifier, le transformer ni l\u2019adapter. 1 Universit\u00e9 Lumi\u00e8re Lyon 2 Ecole doctorale 483 Sciences sociales Unit\u00e9 mixte de recherche Triangle 5206 Thesis for the Degree of Doctor in Political Science Presented and defended on January 30, 2023 by Maria Ghanem Abousleiman Under the direction of David Garibay 2 Jury members: David Garibay professeur des universit\u00e9s, science politique, Universit\u00e9 Lumi\u00e8re Lyon 2, directeur Nathalie Duclos ma\u00eetresse de conf\u00e9rence HDR, science politique, Universit\u00e9 de Tours, rapportrice Salvador Mart\u00ed Puig professeur, Universit\u00e9 de G\u00e9rone, rapporteur Agn\u00e8s Maillot Associate Professor, Dublin City University, examinatrice V\u00e9ronique Dudouet Senior Research Advisor, Berghof Foundation, examinatrice 3 Dedication To Issam, Patrick, Bruno, and Mark 4 Acknowledgments This thesis would not have been possible without the invaluable support and inspiration received throughout the long PhD journey would like to express my special appreciation and thanks to my advisor Dr. David Garibay, for his support and valuable input, comments, and feedback. My work has also greatly benefited from feedback from a number of friends who have reviewed my work or provided insights in particular that of Dorly Casta\u00f1eda who helped me sharpen the arguments and improve clarity would also like to thank all interviewees who have offered their time and shared their stories and experiences. Your work and ideas have not only inspired me but also laid the groundwork for my proposition. Last but not least want to thank my family (especially my husband), friends and loved ones, who have been there for me every step of the way, have encouraged me, and put up with me in difficult times. None of this would have been possible without you. 5 Table of Contents ........................................................................................................................... 4 .............................................................................................................................. 15 1 ............................................................................................................... 17 ................................................................................................ 20 ...................................................................................................................... 24 ..................................................................................................................................... 24 ...................................................................................... 27 .......................................................................................... 28 .................................................................................................................................. 28 ............................................................................................ 32 ............................................................................. 34 .............................................................................. 34 .............................................................................................................................. 35 ...................................................................................... 36 .......................................................................................................................... 36 ........................................................................................................................... 38 .................................................................................................................................................. 39 .................................................................................................................................. 41 ........................................................................................................................................... 41 .............................................................................................. 41 ............................................................................................................................. 42 .............................................................................................................................. 42 ................................................................................................................................. 45 ......................................................................................................................................... 49 .............................................................................................................................................. 51 6 ......................................................................................................................................... 53 2 .................... 55 .................................................................................................................................. 55 AD-M19 .............................................................................................................................................. 56 ................................................................................................................................ 56 ............................................................................. 61 ....................................................................................................................... 62 ............................................................................................................................... 63 M-19 .......................................................... 66 ........................................................................................................................ 67 ........................................................................................................................... 67 ........................................................................................................................................... 70 ................................................................................................................................ 70 ............................................................................................................................................ 75 ....................................... 75 ................................................................................................ 77 ................................................................................................. 78 ........................................................................................ 78 ....................................... 79 ..................................................................................... 81 .................................................................................................................... 82 ............................................................................... 82 ........................................................................................................................ 84 ................................................................................................................................ 84 .......................................................................................................................... 88 ............................................................................................................... 88 ......................................................................................... 89 ....................................................................................................... 89 ......................................................................... 90 ................................................. 91 7 ............................................................................................. 92 .................................................... 93 ................................................................................................................................. 94 .................................................................................................................................................. 96 ................................................................................................................................ 96 ................................................................................................................................. 100 ........................................................................................................... 101 ............................................................................................................................ 102 ......................................................................................................................... 103 ............................................ 105 ..................................................................................................................... 106 .................................................................................. 107 .......................................................................................... 109 ....................................................................................... 110 ............................................................................................... 114 ................................................................................................... 115 .................................................................................................................................... 116 3 ......................................................................................................................................................... 121 ................................................................................................................................ 121 ................. 122 ......................................................................................................................... 122 ........................................................................................................................................ 122 M-19 ................................................................................................................................................... 123 The Political Agreement ........................................................................................................................... 123 Implications .............................................................................................................................................. 124 ........................................................................................................................................................ 125 The Chapultepec Agreement ................................................................................................................... 125 Implications .............................................................................................................................................. 126 F\u00c9IN ................................................................................................................................................. 127 8 The Belfast Agreement ............................................................................................................................. 127 Implications .............................................................................................................................................. 128 ............................................................................................................................. 130 The Taef Agreement ................................................................................................................................. 130 Implications .............................................................................................................................................. 130 ............................................................................................................................................ 131 JUSTICE............................................................................................................. 132 ........................................................................................................................................ 132 M-19 ................................................................................................................................................... 133 ........................................................................................................................................................ 135 ............................................................................................................................. 137 F\u00c9IN ................................................................................................................................................. 139 ............................................................................................................................................ 141 ............................................................................ 142 ........................................................................................................................................ 142 M-19 ................................................................................................................................................... 143 M-19 in the Electoral Battle ................................................................................................................ 144 The Laws in Place ..................................................................................................................................... 146 ........................................................................................................................................................ 147 Winning the ballot war ............................................................................................................................. 148 F\u00c9IN ................................................................................................................................................. 151 Achieving historic wins ............................................................................................................................. 152 ............................................................................................................................. 154 gradual but steady expansion ............................................................................................................... 155 ............................................................................................................................................ 156 ................................................................................................................ 157 ........................................................................................................................................ 157 ................................................................................................................................................. 158 M-19 ................................................................................................................................................... 161 ........................................................................................................................................................ 163 ............................................................................................................................. 165 ............................................................................................................................................ 167 9 ...................................................................................... 168 ........................................................................................................................................ 168 M-19 ................................................................................................................................................... 169 ........................................................................................................................................................ 170 F\u00c9IN ................................................................................................................................................. 171 ............................................................................................................................. 172 ............................................................................................................................................ 172 ..................................................................................................... 173 ........................................................................................................................................ 173 F\u00c9IN ................................................................................................................................................. 174 ........................................................................................................................................................ 177 ............................................................................................................................. 179 M-19 ................................................................................................................................................... 182 ............................................................................................................................................ 184 4 187 ................................................................................................................................ 187 .................................................................................................................. 188 ........................................................................................................................................ 188 ...................................................................................... 190 M-19 ................................................................................................................................................... 191 ........................................................................................................................................................ 194 ................................................................................................................................................. 197 ............................................................................................................................. 201 ............................................................................................................................................ 206 .................................................................................. 207 ........................................................................................................................................ 207 M-19 ................................................................................................................................................... 208 Women ..................................................................................................................................................... 208 Minorities ................................................................................................................................................. 209 10 Youth ........................................................................................................................................................ 210 ........................................................................................................................................................ 210 Women ..................................................................................................................................................... 210 Youth ........................................................................................................................................................ 213 F\u00c9IN ................................................................................................................................................. 214 Women ..................................................................................................................................................... 214 Protestants ............................................................................................................................................... 216 Other minorities ....................................................................................................................................... 218 Youth ........................................................................................................................................................ 219 ............................................................................................................................. 219 Women ..................................................................................................................................................... 219 Youth ........................................................................................................................................................ 220 Minorities ................................................................................................................................................. 221 ............................................................................................................................................ 222 ................. 223 ........................................................................................................................................ 223 M-19 ................................................................................................................................................... 224 Party organization .................................................................................................................................... 226 ........................................................................................................................................................ 227 F\u00c9IN ................................................................................................................................................. 231 ............................................................................................................................. 234 Internal cohesion ..................................................................................................................................... 234 Old generation v/s new generation ......................................................................................................... 234 ............................................................................................................................................ 236 ........................................... 237 ........................................................................................................................................ 237 M-19 ................................................................................................................................................... 237 ........................................................................................................................................................ 239 F\u00c9IN ................................................................................................................................................. 241 ............................................................................................................................. 243 ............................................................................................................................................ 246 .............................................................................. 247 11 ........................................................................................................................................ 247 M-19 ................................................................................................................................................... 248 ........................................................................................................................................................ 248 F\u00c9IN ................................................................................................................................................. 250 ............................................................................................................................. 251 ............................................................................................................................................ 253 ........................................................................................................................ 254 ........................................................................................................................................ 254 M-19 ................................................................................................................................................... 255 ........................................................................................................................................................ 256 ................................................................................................................................................. 257 ............................................................................................................................. 259 ............................................................................................................................................ 261 5 .......................................................................................................... 263 ......................................................................................................................................... 263 M-19 ................................................................................................................................................... 263 Ideological ambiguity ............................................................................................................................... 263 leftist party with no leftist ideology ...................................................................................................... 265 ........................................................................................................................................................ 266 The incoherent ideology of the early stages ............................................................................................ 266 Incongruous behavior .............................................................................................................................. 267 Dissolved by the system? ......................................................................................................................... 269 F\u00c9IN ................................................................................................................................................. 270 Between leftism and pragmatism ............................................................................................................ 270 Ending British rule: the immutable essence of the Sinn F\u00e9in ideologies ................................................. 271 ............................................................................................................................. 272 Between perceptions and definitions: the great divide ........................................................................... 272 Changing the mechanisms, safeguarding the objectives ......................................................................... 273 marked evolution .................................................................................................................................. 276 12 ............................................................................................................................................ 276 ........................................................................................... 278 STAR? ...................................................................................... 278 ............................................... 279 M-19 ................................................................................................................................................... 280 crushed dream ...................................................................................................................................... 280 ................................................................................................................................................................. 281 The rise of a rebellion ............................................................................................................................... 281 Fighting for basic needs ........................................................................................................................... 282 Varying stages, unchanged commitments ............................................................................................... 284 ........................................................................................................................................................ 285 history of oppression ............................................................................................................................ 285 Divergent views, one purpose .................................................................................................................. 286 Aspiring for a better world ....................................................................................................................... 287 Redressing historical injustices ................................................................................................................ 288 F\u00c9IN .................................................................................................................................................... 290 long history of discrimination ............................................................................................................... 290 sustained fight for historic claims ......................................................................................................... 291 political platform prioritizing rights ...................................................................................................... 292 vivid memory of deprivation ................................................................................................................. 294 .................................................................................................................................... 294 deeply-rooted fight for freedom ........................................................................................................... 294 The brittle foundations of a long-awaited nation .................................................................................... 296 Fear of suppression resurfacing yet again ................................................................................................ 297 The Universal Declaration of Human Rights and the party: a strong linkage ...................................... 298 ............................................................................................................................................ 301 6 ................................................. 303 ................................................................................................................. 303 ........................................................................................................................................ 303 13 M-19 ................................................................................................ 304 Failure to build a solid institution ............................................................................................................ 304 Wrong party messaging ........................................................................................................................... 304 Poor electoral choices .............................................................................................................................. 305 Erroneous interpretation of initial victories ............................................................................................. 305 Troubled environment and party heterogeneity ..................................................................................... 306 ........................................................................ 306 F\u00c9IN ........................................ 309 F\u00c9IN ......................................................................................... 309 ...................................................................................... 311 ................................... 313 M-19 TRAILBLAZER? ....................................................................................... 313 7 .......................................................... 317 ................................................................. 322 ........................................................................................................................... 323 .......................................................................................................................................................... 323 The Frente Amplio .................................................................................................................................... 324 ........................................................................................................................................................ 325 ....................................................................................................................................................... 326 ............................................................................................................................................. 326 ................................................................................................................... 329 ........................................................................................................................................................ 329 ................................................................................................................................................ 330 ......................................................................................................................................................... 330 .................................................................................................................................................. 332 ........................................................................................................... 337 .................................................................................................................................... 340 ........................................................................... 343 .................................................................................. 351 14 15 Table of Figures Figure 1: Decrease in Poverty Rate and Inequality in El Salvador between 2004-2019. Reprinted from World Bank, Poverty & Equity Brief, El Salvador Latin America & the Caribbean, 2021 .................................................................................................................................................. 103 Figure 2: El Salvador: Infant mortality rate. Reprinted from Statista, Economy and Politics, 2022 .......................................................................................................................................................................... 104 Figure 3: El Salvador: Life Expectancy at Birth from 2009-2019. Reprinted from Statista, Economy and Politics, 2022 ........................................................................................................................... 104 Figure 4: El Salvador: Literacy rate from 2008 to 2018, total and by gender. Reprinted from Statista, Economy and Politics, 2021 ......................................................................................................... 105 Figure 5 M-19 elections results 1990-1994. Adapted from different sources ................ 147 Figure 6 Parliament elections results 1994-2021. Adapted from different sources .................................................................................................................................................................................... 150 Figure 7: Sinn F\u00e9in D\u00e1il \u00c9ireann elections results 1997-2020. Adapted from different sources .................................................................................................................................................................................... 153 Figure 8: Lebanese Forces parliament elections results 2005-2022. Adapted from different sources .................................................................................................................................................................... 156 Figure 9: Political parties core values ........................................................................................................ 302 16 17 1 Since the early 2000s, a substantial number of studies have looked at political parties with an armed history and observed their behavior as they transitioned from the combat zone to the political battlefield. Some focused on the challenges and implications of this transformation, others studied the impact of the organizational legacy and political experience of these groups on their post-war performance. The way conflicts end, the circumstances during which the peace agreements are signed and the content of the latter were also the subject of many studies. Other considerations such as international involvement, ideological evolution, and intra-party dynamics were also included in the discussions.1 It has become a common expectation in most of the scholarly work that a successful rebel- to-party transformation be inextricably linked to the electoral success of the political organization that emerges from this transition. Some scholars have attempted to nuance this assumption and make a distinction between electoral success and other qualitative successes that characterized the former armed groups in the context of their transformation processes. This includes Dudouet\u2019s establishment of a scale including different stages and steps, classifying post-insurgent political parties from a \u201cminimal\u201d to an \u201coptimal\u201d level of transformation. The renunciation of force and acceptance of the basic principles of democratic competition being at the lower end of the spectrum, and internal democracy, institutional sustainability and political influence at the national level being at the higher end of the scale.2 This type of gradation was also adopted by de Zeeuw who developed indicators to sort out rebel-to-party transformation according to four degrees of structural and attitudinal changes: full, partial, fa\u00e7ade, and failed transformation.3 These fine distinctions, however relevant, are based on the notion that party survival is an essential component of a 1 See review of literature in next chapter 2 Dudouet, V., Planta, K., & Giessmann, H. J. (2016). The political transformation of armed and banned groups. Lessons learned and implications for international support. 3 DeZeeuw. (2007). Understanding the Political Transformation of Rebel Movements. Lynne Rienner Publishers. 18 successful transformation. We ask the following question: is a post-insurgent party that doesn\u2019t survive after having renounced the armed struggle considered a failed experience notable example of this type of party is the M-19. Emerging in Colombia in 1973 as an urban middle-class guerrilla, the M-19 channeled popular discontent and promoted a socialist nationalist ideology.4 In 1989, after decades of armed conflict, the armed insurgency demobilized and, along with other demobilized forces and political groupings, formed a political party to be known as the Alianza Democr\u00e1tica M-19 (Democratic Alliance M-19) or M-19.5 While tremendously successful at the start of its political journey, the M-19 slowly faded away and failed to establish itself as a durable political force.6 Nevertheless, as an embryonic political movement, the M-19 played a role of major importance in Colombia\u2019s history. Barely a few months after its creation, the fledgling party became a driving force behind and participated in the drafting of a new Constitution that brought groundbreaking changes to the country\u2019s legal framework.7 The M-19 experience raises the question of whether its success as a party that emerged from conflict should be linked to its institutional survival or rather to its ability to bring about positive change and contribute to an improved democracy that extends beyond its rebel-to-party transformation. The assessment of post-insurgent parties\u2019 contribution to democracy, when available, is scarce. Scholars who have approached this topic have mostly focused their attention on these parties\u2019 democratic practices within their organizations. Most would report that while democracy consistently figured as a recurrent theme in their discourses, these parties\u2019 internal practices demonstrated the exact opposite (Ibarra & Puig 2007; Manning, 2007; Ishiyama & Batta, 2011; Sindre, 2016; Allison 2018; Wade, 2007). Moreover, whenever these 4 Dudouet, V. (2009). From War to Politics: Resistance/Liberation Movements in Transition 5 Boudon, L. (2001). Colombia's M-19 Democratic Alliance case Study in New-Party Self- Destruction. Library of Congress, 28(1), 73-92. 6 Dur\u00e1n, M. G., Hormaza, O. P., & Loewenherz, V. G. (2008). The M-19's Journey from Armed Struggle to Democratic Politics. Striving to Keep the Revolution Connected to the People (Resistance/Liberation Movements and Transition to Politics, Issue. 7 Novoa, A. (2018b). Interview [Interview]. 19 parties ascended to power, they tended to drift towards the single-party system model. As Deonandan puts it, \u201cWhile revolutions are fought for greater democracy, what has been observed\u2026is that most of the revolutionaries who gained power, be it by insurrection or negotiation, tend towards one-party dominance.\u201d8 The examples of Eritrea, Angola, Mozambique, Guyana, and South Africa, where one-party dominance characterizes the political structures bear witness to this argument. The war-to-peace literature attributed this practice either to the ruling parties\u2019 eagerness to retain control of the State apparatus, or to the racial influence on voting patterns.9 While these disappointing assessments mostly evaluate the parties\u2019 conduct (both internally or as ruling organizations), very little attention was paid to these parties\u2019 performances as promoters of citizens\u2019 wellbeing and democracy advocates. The goal of this study is to take a deeper look into the post-conflict behavior of political parties with an armed group history to gauge the depth of their commitment to democratic norms and practices and the extent to which their legislative and advocacy efforts were actually geared towards the improvement of citizens\u2019 wellbeing on a democratic level. One of the objectives of this thesis is to assess the worthiness of peace negotiations with armed groups and the extent to which these groups\u2019 participation into political life offsets the social, economic and emotional costs of negotiating peace with the enemy. Peace negotiations are generally long and costly, and require sacrifices from the populations that have suffered the atrocities of war. Even when properly pursued, amnesties and other measures of transitional justice are often controversial and are perceived as an insufficient remedy to those whose rights have been violated or who have lost loved ones. Furthermore, in many cases, peace agreements entail social, political, economic or geographic sacrifices that never fully satisfy the demands of the parties on either end of the negotiating table. This research assesses the value of these efforts beyond the suspension of hostilities by looking at former armed groups\u2019 new roles as agents for change, their contributions to improving 8 Deonandan, K., Close, D., & Prevost, G. (2007). From revolutionary movements to political parties : cases from Latin America and Africa (1st ed.). Palgrave Macmillan. 9 Ibid. 20 people\u2019s quality of life and the achievement of democratic ends. In particular, it examines these new actors\u2019 efforts to contribute to an improved access to basic needs, the advancement of human rights, better access to justice, peaceful coexistence, and an improved political representation central finding of this study is that these groups\u2019 wartime values determine the way in which they lead their peacetime political life. Therefore, as political actors, former combatants would be likely to advocate for measures that remedy past grievances but also push for other policies that are in line with their core values argue that, when the groups\u2019 initial and wartime demands were driven by humanitarian needs and democratic principles, these parties\u2019 participation in political life is conducive to positive change regardless of their ability to pass the test of survival as political entities. Unlike their traditional counterparts, these revamped political actors are generally driven by an urge to deliver and a strong desire to bring solutions to the problems that triggered their armed struggles The goal of this thesis is to study the democratic achievements of the Democratic Alliance M- 19 M-19) in Colombia, the Farabundo Mart\u00ed National Liberation Front (FMLN) in El Salvador, the Lebanese Forces (LF) in Lebanon and the Sinn F\u00e9in (SF) in Ireland. In particular, the study assesses these parties\u2019 contributions to improving people\u2019s wellbeing and to the promotion of democracy. The thesis also looks at the factors that might have helped or hindered these groups\u2019 actions before, during, and after the transition to determine those that would have contributed the most to these achievements. The analysis applies the most different system design, the four cases chosen differing in almost all respects except for the fact that they were all linked to organizations with an armed history. To investigate the above proposition examined the contemporary literature and conducted 50 interviews with former and current members of those parties and other stakeholders. The dissertation is organized into seven chapters as follows. 21 Chapter 1 outlines the motivations for the development of the research, maps out the existing literature, presents the methodology, and provides a justification for the selection of cases. It shows that most of the pre-existing literature that is concerned with political parties formerly linked to armed groups deals with the challenges of the war-to-peace transition as well as the implications of structural factors such as political experience, organizational legacy, and ideological framework on the evolution of these parties. It also establishes that far fewer studies focus on these parties\u2019 long-lasting contribution to improving the democratic experience of the countries where they come into being. My thesis argues that a deeper look into these actors\u2019 long-term accomplishments, lasting beyond the moment of political reconversion, can help us better evaluate the success of this transition not so much in terms of party success, but rather in terms of these parties\u2019 roles as forces that positively contribute to the societies where they emerge. This chapter presents the conceptual difference between party success and party achievements, and introduces the methodology which uses the most different systems design. This part also includes the justification for the case selection which was based on my interest in examining the long- lasting achievements rather than institutional performance of this type of parties. This led me to select cases with diverse levels of electoral success, ranging from a resounding success such as the -a party that won control of the Salvadoran government- to a political party that ceased to exist a few years after it surfaced -namely the M-19 argue that despite these differences in electoral performance, as political forces, these movements were all driven to make meaningful changes and push the limits of the democratization process in their respective countries. Chapter 2 evaluates the parties\u2019 achievements as drivers of change. It assesses these parties\u2019 roles in promoting democratic practices and expanding the boundaries of democratic governance. These include, among other things, leading the efforts to promote human rights in general and women\u2019s rights in particular; advocating for the protection of key freedoms; helping foster a more vibrant civil society; promoting free and fair elections; and helping advance a more independent judiciary. In this section argue that these important contributions, not necessarily tied to the parties\u2019 electoral successes, are political successes that didn\u2019t receive their fair share of recognition in the post-insurgent parties\u2019 literature. 22 Chapters 3 and 4 test my hypothesis using cross-sectional data, and study the role of a set of dependent variables that may have helped determine these parties\u2019 behaviors as democracy promoters in the post-war period. Chapter 3 examines the role of exogenous factors that are beyond the control of the parties but that might have directly or indirectly influenced those parties\u2019 performance and/or achievements. Factors considered include the peace agreement and the process of disarmament, demobilization and reintegration (DDR); the electoral system in place and the political environment in the countries where these parties emerge; the parties\u2019 local and regional alliances; the extent to which they receive international support; and their previous political experience. This section determines that third-party financial support played a key role in helping those parties survive as political entities. This finding is important as it informs us that while the weight of such a factor was important for party survival, the absence of it didn\u2019t affect the parties\u2019 performance as agents of change. Chapter 4 is a comparative analysis of the internal functioning of the four cases under review. In particular, this chapter looks into the parties\u2019 internal democracy and inclusiveness; the methods used for leadership selection; the parties\u2019 internal discipline; the inclusion of women, youth, and minorities; the parties\u2019 internal cohesion; the way in which they communicate with the electorate and other stakeholders; the parties\u2019 finances; and the role of leadership. This part concludes that leadership, political experience, ethnic appeal, and party discipline significantly contributed to the electoral success of those parties and their survival as political entities. However, and similar to the observation made in the previous section, these findings confirm that the absence of these features didn\u2019t hinder these parties\u2019 abilities to bring about positive changes at the national level. Chapter 5 looks at ideological evolution of these parties and the way in which this evolution might have influenced their behavior in the postwar period. This section finds that for the most part, the parties emerged from the war-to-peace transition with no clear definitions of their ideologies and that their ideological positions considerably altered over the years. Nonetheless, a thorough review of these groups\u2019 wartime ideological commitments shows that, despite adapting their ideologies to fit the needs of the post-war context, as political parties, these groups remained devoted to the core values that triggered, accompanied, and 23 shaped their armed struggles. These core values remained at the center of the parties\u2019 political fights, and were clearly reflected in their peacetime political, legislative, and advocacy projects. Chapter 6 explores these parties\u2019 political legacies and contemporary dynamics. It sheds a particular light on the fact that party achievements were not contingent upon electoral success or party survival. Finally, chapter 7 concludes while looking at other similar experiences across the world. 24 Much ink has been spilled on the analysis of political parties and more specifically on the question of the nature of their institutionalization. In \u2018Democracy and the Organization of Political Parties\u2019, Ostrogorski (1902) observed the role of political parties in the organization of democracy and sought to understand how this political instrument imposed itself as the representative regime expanded. He was interested in the actors of these organizations as well as the methods used by them, drawing on the examples of England and the United States. Ostrogorski shed light on the problematic nature of modern parties and analyzed their influence over city life. He highlighted the perverse effects linked to their development -such as manipulation of popular will and recourse to corruption- and their role in undermining public debate and true democracy. 10 Michels' (1912) famous \u2018iron law of oligarchy\u2019 represented the tendency of political party leaders to stay in power to the detriment of the interests of party members. Michels questioned the viability of democracy, noting that political parties, although born from the establishment of democracy and conceived as privileged instruments of its development, quickly become oligarchic organizations endangering the very essence of democracy. The analysis of Ostrogorski and Michels, putting forward the hypothesis that modern parties tend to favor their own interests rather than those of their members or their constituents, would influence many subsequent studies.11 In a classic study, \u2018Les Partis Politiques\u2019 [Political Parties], Maurice Duverger (1951) produced a synthetic analysis of political parties defining the field of research for several decades to come. Duverger linked party ideology to its structure and explained the nature of 10 Ostrogorski, M. (1902). Democracy and the Organization of Political Parties Macmillan Co. 11 Michels, R. (1999). Political Parties Sociological Study of the Oligarchical Tendencies of Modern Democracy. Routledge. 25 a nation's party system by that of its electoral system. According to Duverger, the nature of the organization of political parties plays a central role in the definition of parties, and is more determinant than these parties\u2019 platform or the class of their membership. The author also opposed cadre parties -seeking to bring together the notables without worrying about the multiplication of members- and mass parties which seek to attract militants. In his party analysis, Duverger singled out communism and fascism as separate categories distinguished from others parties by deep centralization and strict discipline.12 After Duverger, a large number of studies have focused on the classification of parties according to specific typologies. In 1964, Samuel Eldersveld put forward the notion of \u2018stratarchical party\u2019, inspired by American models and based on electoral efficiency. This model gives each stratum of the organization the means to develop its own program, its funding, and the choice of candidates with a great deal of autonomy.13 Otto Kirchheimer's concept of \u2018catch-all party\u2019 (1966) is one of the most often cited theories in contemporary research on political parties. The thesis argues that mass integration parties, once maintained by economic class or religious affiliation, have evolved into a new type of party, known as \u2018catch-all\u2019. This change, according to Kirchheimer, came as a result of changing social conditions after World War during the post-industrial period. According to Kirchheimer, \u2018catch-all\u2019 parties are distinguished by their size from the large traditional parties, by their pursuit of votes to the detriment of an ideology, their centrist and often incoherent platforms, representing parties designed to appeal to a growing public, and by their elitist style of organization.14 In a book considered to be the most complete and recognized approach in the classification of party systems \u2018Parties and Party Systems\u2019, Giovanni Sartori (1976) analyzed the history of 12 Duverger, M. (1969). Les Partis Politiques (7th ed. ed.). Librairie Armand Colin. 13 Eldersveld, S. (1964). Political Parties; a Behavioral Analysis Rand McNally. 14 Kirchheimer, O. (2015). The transformation of the Western European Party Systems In J. La Palombara & M. Weiner (Eds.), Political Parties and Political Development. Princeton University Press. 26 political parties and the relationships they build between them to form a party system. Drawing on a rigorous methodology, he conducted an in-depth examination of the notion and justification of political parties and developed a sharp critique of the various models of partisan competition.15 large number of studies have documented changes in the structure, composition and financing of political parties. Several of them noted a reduction in the number of supporters and concluded that the erosion of party loyalty indicated problems with the well-functioning of democracy, caused by public rejection and linked to the poor performance of political parties. Others challenged this assumption focusing attention on party resiliency. For example, relying on documents and reports from various parties in European countries, Richard Katz and Peter Mair (1995) challenged the notion of \u2018party decline\u2019, arguing that political parties are increasingly able to control their environment and defend themselves from pressures for political change. The emergence of \u2018cartel parties\u2019 they argued, contributed to the stability of the party system in Western European democracies. According to the authors, the \u2018cartel party\u2019 is distinguished from other types of parties by its symbiotic relationship with the state, which enables it to ensure its own survival despite its growing disconnection from society. The authors concluded that since the 1960s, the role of political parties in Western democracies had evolved to adapt to the new reality.16 But while this body of work presents a categorization of political parties and an analysis of their structures and relationship to other stakeholders, it pays little attention to those parties\u2019 overall achievements as political institutions. 15Sartori, G. (1976). Parties and Party Systems Framework for Analysis. Cambridge University Press. 16 Katz, R., & Mair, P. (1995). Changing Models of Party Organization and Party Democracy: The Emergence of the Cartel Party Party Politics, 1(1), 5-28. 27 Despite the wide availability of resources on parties and party systems gathered from the experience of advanced democracies mainly in Western Europe, the study of parties and party systems that have developed in emerging democracies remains limited. In the context of democratic openness, a renewed interest in political participation led to a surge of political parties with a large variety of ideological inclinations. According to Crotty (1993), the experiences of emerging democracies required new approaches to parties and political party systems however, studies tended to be either broad theories or too limited in scope, often focusing on a single aspect of party behavior in a country or region. Trying to remedy this shortcoming, Crotty endeavored to study political parties across six different developing democracies and found that these parties furthered the control of the state, contributing to the consolidation of authoritarian regimes.17 Other authors studied party representation and party fragmentation in new democracies. For example, analyzing party competition mostly in post-communist parties, Bielasiak found that, despite some cross-national variations, \u201cparty fragmentation, weak political actors and floating constituencies,\u201d were the main drivers of ineffective representation.18 The continuous burgeoning of political parties in emerging democracies was the subject of a study by Tavits who concluded that this occurrence came as a result of the relatively low cost of entry on the political scene, and the high level of electoral volatility.19 While many of these ventures died down, several germinated and made their mark on the road to democracy. 17 Crotty, W. (1993). Notes on the Study of Political Parties in the Third World. The American Review of Politics, 14, 659-694. 18 Bielasiak, J. (2005). Party Competition in emerging democracies: representation and effectiveness in post-communism and beyond. Democratization, 12(3), 331-356. 19 Tavits, M. (2013). Post-Communist Democracies and Party Organization Cambridge University Press. 28 Regardless of their strength or viability as political institutions, these political parties would, in some cases, open the way for an improved democracy in numerous ways recent and growing literature was concerned with the political parties that have evolved from armed groups to political organizations. Numerous studies focused on the transition into political life and the challenges and implications of the transformation from war to peace (Manning 2004 & 2019;20 Garibay, 2005;21 DeZeeuw, 2007;22 Deonandan et al. 2007;23 Nindorera, 2007;24 Malaquias, 2007;25 Manning and Smith, 2016;26 Dudouet, 2012;27 20 Manning, C. (2004). Armed Opposition Groups into Political Parties: Comparing Bosnia, Kosovo, and Mozambique. Studies in Comparative International Development, 39, 54-76. , Manning, C. (2019). Electoral Performance by Post-Rebel Parties Government and Opposition, 54(3), 415-453. 21 Garibay, D. (2005a). De la lutte arm\u00e9e a la lutte \u00e9lectorale, itin\u00e9raires divergents d'une trajectoire insolite. Une comparaison \u00e0 partir des cas centram\u00e9ricains et colombiens. Revue internationale de politique compar\u00e9e, 12, 170. , Garibay, D. (2005b). Del Conflicto Interno a la Polarizaci\u00f3n Electoral Diez A\u00f1os de Elecciones en el Salvador (1994-2004). Trace, 48, 30-45. , Garibay, D. (2005c). Del Conflicto Interno a la Polarizaci\u00f3n Electoral, Diez A\u00f1os de Elecciones en el Salvador (1994-2004). Trace, 48, 30-45. 22 DeZeeuw. (2007). Understanding the Political Transformation of Rebel Movements. Lynne Rienner Publishers. 23 Deonandan, K., Close, D., & Prevost, G. (2007). From revolutionary movements to political parties : cases from Latin America and Africa (1st ed.). Palgrave Macmillan. 24 Nindorera, W. (2007). Burundi: The Deficient Transformation of the CNDD-FDD. Lynne Rienner Publishers 25 Malaquias, A. (2007b). From Revolutionary Movements to Political Parties; Cases from Latin America and Africa. Palgrave Macmillan. 26 Manning, C., & Smith, I. (2016). Political party formation by former armed opposition groups after civil war. Democratization, 23(6), 972-989. 27 Dudouet, V. (2012). Intra-Party Dynamics and the Political Transformation of Non-State Armed Groups. International Journal of Conflict and Violence, 6(1), 96-108. 29 Dudouet et al., 2016;28 S\u00f6derstr\u00f6m 2015, 2016, 2019, 2020;29 Wilson and Carroll, 200730). Others looked into the influence that organizational legacy and political experience have had on the development and electoral success of such parties (Manning, 199831; Allison, 200632; Allison and Allison, 2010;33 Deonandan et al., 2007;34 Ishiyama and Batta 201135; Lyons, 201636; Sindre, 201637; Sindre and S\u00f6derstr\u00f6m, 201638; Wade 200739; Manning and Smith, 201640). The study of the relationship between the way conflicts end, the peace agreement, and the future development of these parties has also been the focus of many scholarly papers 28 Dudouet, V., Planta, K., & Giessmann, H. J. (2016). The political transformation of armed and banned groups. Lessons learned and implications for international support. 29 S\u00f6derstr\u00f6m, J. (2015). Peacebuilding and Ex-Combatants: Political Reintegration in Liberia Routledge. , S\u00f6derstr\u00f6m, J. (2016). The Resilient, the Remobilized and the Removed: Party Mobilization among Former M19 Combatants. Civil Wars, 18(2), 214-233. , S\u00f6derstr\u00f6m, J. (2019). The Gendered Impact of Crime on Political Knowledge: How Crime Impacts Cognition among Citizens in Sub-Sahara Africa. Democracy and Security, 16(2), 105-122. , S\u00f6derstr\u00f6m, J. (2020). Living Politics After War, Ex-Combatants and Veterans Coming Home. Manchester University Press. 30 Wilson, S., & Carroll, L. A. (2007). The Colombian Contradiction: Lessons Drawn form Guerrilla Experiments in Demobilization and Electoralism In From Revolutionary Movements to Political Parties (pp. 81-106). 31 Manning, C. (1998b). Constructing opposition in Mozambique: Renamo as political party. Journal of Southern African Studies, 24(1), 161-189. 32 Allison, M. E. (2006). The Transition from Armed Opposition to Electoral Opposition in Central America. Latin American Politics and Society, 48(4), 137-162. 33 Allison, M. E., & Allison, M. E. (2010). The Legacy of Violence on Post-Civil War Elections: The Case of El Salvador. St Comp Int Dev, 45, 104-124. 34 Deonandan, K., Close, D., & Prevost, G. (2007). From revolutionary movements to political parties : cases from Latin America and Africa (1st ed.). Palgrave Macmillan. 35 Ishiyama, J., & Batta, A. (2011). Swords into plowshares: The organizational transformation of rebel groups into political parties. Communist and Post-Communist Studies, 44(4), 369-379. 36 Lyons, T. (2016). From Victorious Rebels to Strong Authoritarian Parties: Prospects for Post-War Democratization. Democratization, 3(6), 1026-1041. 37 Sindre, G. M. (2016). Internal Party Democracy in Former Rebel Parties. Party Politics, 22(4), 501- 511. 38 Sindre, G. M., & S\u00f6derstr\u00f6m, J. (2016). Understanding armed groups and party politics. Civil Wars, 18:2. 39 Wade, C. (2007). El Salvador: The Success of the FMLN. Lynne Rienner Publishers 40 Manning, C., & Smith, I. (2016). Political party formation by former armed opposition groups after civil war. Democratization, 23(6), 972-989. 30 (Young, 200741; Lyons, 201342; S\u00f6derberg Kovacs and Hatz, 201643 ; Stedman44; Mart\u00ed Puig & Santiuste Cu\u00e9, 200645). Regional and international involvement were also included in the discussion (Manning, 200746; Nindorera, 200747; Guistozzi, 200748). Many studies focused on the ideological evolution and programmatic messages of this type of parties (Curtis and Sindre, 201949; Kalyvas, 199650; Manning 199851; Collier & Hoeffler, 200052; Fearon & Laitin, 200353; Weinstein, 200754; Nindorera, 200755; Schwedler, 200756; Tezc\u00fcr, 201057; San\u00edn & 41 Young, J. (2007). Sudan: The Incomplete Transition form the to the SPLM. Lynne Rienner Publishers 42 Lyons, T. (2013). The Importance of Winning: Victorious Insurgent Groups and Post-Conflict Politics. 43 S\u00f6derberg Kovacs, M., & Hatz, S. (2016). Rebel-to-party transformations in civil war peace processes 1975-2011. Democratization, 23(6), 990-1008. 44 Stedman, S. J. (1997). Spoiler Problems in Peace Processes. International Security, 22(2), 5-53. 45 Mart\u00ed Puig, S., & Santiuste Cu\u00e9, S. (2006). \u00bfCu\u00e1les son las diferencias entre las elites pol\u00edticas de la izquierda y la derecha? In La Izquierda Revolucionaria en Centroam\u00e9rica: De la Lucha Armada a la Participaci\u00f3n Electoral. Catarata. 46 Manning, C. (2007b). Party-building on the heels of war: el Salvador, Bosnia, Kosovo and Mozambique. Democratization, 14(2). 47 Nindorera, W. (2007). Burundi: The Deficient Transformation of the CNDD-FDD. Lynne Rienner Publishers 48 Guistozzi, A. Ibid.Afghanistan: Political Parties or Militia Fronts? 49 Curtis, D. E. A., & Sindre, G. M. (2019). Transforming State Visions: Ideology and Ideas in Armed Groups Turned Political Parties - Introduction to Special Issue 54(3), 387-414. 50 Kalyvas, S. (1997). The Rise of Christian Democracy in Europe. German Politics and Society, 15(4 (45)), 119-122. 51 Manning, C. (1998a). Citizen Views of Peace Building and Political Transition in Angola, 1997. New England Journal of Public Policy, 14(1), 161-178. , Manning, C. (1998b). Constructing opposition in Mozambique: Renamo as political party. Journal of Southern African Studies, 24(1), 161-189. 52 Collier, P., & Hoeffler, A. (2004). Greed and Grievance in Civil War. Oxford Economic Papers, 56, 563-595. 53 Fearon, J., & Laitin, D. (2003). Ethnicity, Insurgency, and Civil War. The American Political Science Review, 97(1), 75-90. 54 Weinstein, M. (2007). The Left's Long Road to Power in Uruguay Palgrave Macmillan. 55 Nindorera, W. (2007). Burundi: The Deficient Transformation of the CNDD-FDD. Lynne Rienner Publishers 56 Schwedler, J. (2007). Democratization, Inclusion and the Moderation of Islamist Parties Democratization, 50, 56-61. 57 Tezc\u00fcr, G. (2010). The Moderation Theory Revisited: The Case of the Islamic Political Actors. Party Politics, 16(1), 69-88. 31 Wood 201458; Berti, 201959; Burihabwa & Curtis 201960; Chemouni & Mugiraneza 201961; Richards and Vincent, 200862; Curtis and Sindre, 201963; Ishiyama, 201964). Alongside these works, some insights into the internal functioning of post-conflict political parties can be gathered from a collection of studies on the intra-party dynamics of these groups once they become political actors (Wade, 200765; Ibarra and Puig, 200766; Manning, 200767; Sindre and S\u00f6derstr\u00f6m, 201668; Sindre, 201669, Allison, 201670; Ishiyama and Batta, 201171, Sprenkels, 201972). Finally, some attention was devoted to these parties\u2019 overall contribution to long- term political peace and stability (Marshall and Ishiyama, 201673; Suazo, 201374). 58 Guti\u00e9rrez San\u00edn, F., & Jean Wood, E. (2014). Ideology in civil war: Instrumental adoption and beyond. Journal of Peace Research, 51(2), 213-226. 59 Berti, B. (2019). Rebel Groups between Adaptation and Ideological Continuity: The Impact of Sustained Political Participation. Government and Opposition, 54(3), 513-535. 60 Burihabwa, N., & Curtis, D. Ibid.The Limits of Resistance Ideology? The and the Legacies of Governance in Burundi. 559-583. 61 Chemouni, B., & Mugiraneza, A. (2020). Ideology and interests in the Rwandan patriotic front: Singing the struggle in pre-genocide Rwanda African Affairs, 119(474), 115-140. 62 Richards, P., & Vincent, J. (2008). Sierra Leone: Marginalization of the RUF. Lynne Rienner Publishers. 63 Curtis, D. E. A., & Sindre, G. M. (2019). Transforming State Visions: Ideology and Ideas in Armed Groups Turned Political Parties - Introduction to Special Issue 54(3), 387-414. 64 Ishiyama, J. (2019). Identity Change and Rebel Party Political Success Government and Opposition, 54(3), 454-484. 65 Wade, C. (2007). El Salvador: The Success of the FMLN. Lynne Rienner Publishers 66 Ibarra, C. F., & Puig, S. M. (2007). Guatemala: From the Guerrilla Struggle to a Divided Left Palgrave Macmillan. 67 Manning, C. (2007b). Party-building on the heels of war: el Salvador, Bosnia, Kosovo and Mozambique. Democratization, 14(2). 68 Sindre, G. M., & S\u00f6derstr\u00f6m, J. (2016). Understanding armed groups and party politics. Civil Wars, 18:2. 69 Sindre, G. M. (2016). Internal Party Democracy in Former Rebel Parties. Party Politics, 22(4), 501- 511. 70 Allison, M. (2016). The Guatemalan National Revolutionary Unit: The Long Collapse. Democratization, 23(6), 1-17. 71 Ishiyama, J., & Batta, A. (2011). Swords into plowshares: The organizational transformation of rebel groups into political parties. Communist and Post-Communist Studies, 44(4), 369-379. 72 Sprenkels, R. (2019a). Ambivalent Moderation: The FMLN's Ideological Accommodation to Post- War Politics in El Salvador Government and Opposition, 54(3), 536-558. 73 Marshall, M. C., & Ishiyama, J. (2016). Does Political Inclusion of Rebel Parties Promote Peace after Civil Conflict? Democratization, 23(6), 1009-1025. 74 Suazo, A. (2013). Tools of Change: Long Term Inclusion in Peace Processes Tools of Change: Long-Term Inclusion in Peace Proce. Ibid., 28. 32 According to the Uppsala Conflict Data Program, between 1975 and 2011 a total of 216 peace agreements were concluded between warring parties attempting to move the fight from the battlefield to the ballot box. During that same period of time, about one third of armed groups entering negotiated peace agreements transformed into political parties.75 The success of those parties however was far from guaranteed. While some of them succeeded in sustaining themselves over time, many others failed to reach this goal.76 The body of literature on the nature of this transition and its implications mostly focuses on the factors influencing this transformation. Some scholars studied democratic perceptions (Mart\u00ed Puig & Santiuste Cu\u00e9, 2006), the conflict settlement (de Zeeuw, 2007), post-war transition (Dudouet, 2012), domestic and regional contexts (de Zeeuw, 2007; Nindorera, 2007; Dudouet 2016), and international involvement (De Zeeuw 2009) as determining factors in these parties\u2019 full participation in electoral politics. Other researchers believed that a successful transition mostly depended on the extent to which not doing so (Manning, 2004 & 2019) or remaining overconnected to the context of the transition (Garibay 2005) threatened these parties\u2019 organizational survival Surveying parliamentary elites of El Salvador, Guatemala and Nicaragua, Mart\u00ed Puig & Santiuste Cu\u00e9 analyzed their views of the democratic political systems and compared them to those of their political opponents. De Zeeuw distinguished two determining factors in the rebel-to-party transformation, conflict settlement, and domestic and regional contexts. Recognizing the complexity of the non-linear transformation, he classified it into different degrees: successful, partially successful, facade, and failed transformations. Evaluating the experiences of Northern Ireland, Kosovo, Nepal, Aceh, El Salvador, Colombia, and South Africa, Dudouet highlighted the importance of retaining cohesive coordination and 75 S\u00f6derberg Kovacs, M., & Hatz, S. (2016). Rebel-to-party transformations in civil war peace processes 1975-2011. Ibid., 23(6), 990-1008. 76 H\u00f6gbladh, S. (2012). Peace Agreements 1975-2011: Updating the Peace Agreement Dataset. 33 maintaining effective communication during post-war transitions to prevent internal splits and disaffection and ensure collective ownership of the process. Dudouet emphasized the crucial support that organizations like the could bring to the political transformation processes. Reviewing the challenges facing the transformation of armed movements to political parties, Nindorera and De Zeeuw assessed the role of international actors in the process of rebel group transformation and highlighted the important role of regional and international involvement (Nindorera) while discussing the reasons behind the inadequate performance of international programs (De Zeeuw). Comparing the experiences of the Kosovo Liberation Army, the Croatian Democratic Union, and the Serbian Democratic Party in Bosnia and Herzegovina, and Renamo in Mozambique, Manning argued that much of these parties\u2019 commitment to post-war political settlement is determined by the unique challenges and circumstances they face during this transition. The author determined that full participation usually occurs when these parties feel a threat to their organizational survival. Studying the rebel-to-party experiences in Central America and Colombia, Garibay argued that these parties\u2019 ability to succeed overtime is determined by their aptitude to disconnect from context that defined the transition period, namely the legacies of the armed struggle and peace negotiations. Manning pointed out to the importance of transitional elections as a vehicle for long-term integration of post-insurgent parties into political life. The author argued that post-insurgent parties\u2019 participation in the first post-war elections is a crucial undertaking as it helps anchor them in political life. The study also pointed out to the importance of organizational and environmental factors in electoral outcomes. The journeys, experiences and political reintegration of former combatants, were the subject of several S\u00f6derstr\u00f6m publications where she documented the process of coming home. S\u00f6derstr\u00f6m highlighted the importance of bringing serious attention to ex-combatants as they learn citizenship practices and help mend the relationship with the state. 34 In addition to the above-mentioned elements, characteristics of the war, its length and intensity (Malaquias, 2007; Manning and Smith, 2016); and the democratic strength of the country (Manning and Smith, 2016) are spelled out as determinant factors. The persistence of the armed conflict (Wilson and Carroll, 2007) as well as the grievances, achievements, and political commitment of former combatants also received special attention (S\u00f6derstrom, 2015, 2019, 2020). Manning and Smith reported that former armed groups\u2019 future success is shaped by the characteristics of the war and the way it unfolds. Allison further argued that wartime success, the number of combatants, popular support during the conflict, and ability of rebels to capture and control territory helped explain these groups\u2019 future performance as political parties. According to Lyons, the length of the armed struggle and geographical coverage also contribute to post-conflict electoral success. Looking at Angola\u2019s experience, Malaquias determined that the length and violence of the conflicts, and the way these factors relate to the country\u2019s history, conditions the party\u2019s seizure and ultimate consolidation of power. Examining the Colombian experience, Wilson and Carroll observed that the persistence of the armed conflict in Colombia, despite negotiated agreements with several guerrillas, has hindered Colombian revolutionaries\u2019 electoral success and full participation in the country\u2019s democratic life Case studies on the impact of the organizational legacy and political experience have emphasized the importance of the institutional history of the emerging parties. For example, focusing on the evolution of Hezbollah and Hamas, Berti (2016) argued that legacies such as ideology, practices and institutions, but also relationship with the state shape these parties\u2019 political trajectories. Manning and Smith along with some others, also established that political experience was a determinant of success. Explaining the successful transformation of the in El Salvador, Wade posited that prior experience with political organizing through political parties or labor unions facilitated these groups\u2019 transition into political life. 35 Comparing the experiences of African National Congress (ANC) in South Africa and the Movement for Multiparty Democracy (MMD) in Zambia, Muriaas et al (2016) found that armed history works in favor of governing parties, helping them build a strongly institutionalized party. Using the Communist Party of Nepal as a case study, Ishiyama and Batta (2011) showed how the internal dynamics within the party were largely determined by the interaction between the characteristics of the rebel group and the external political environment. According to Sindre (2016), even when formal procedures required intraparty democracy, the organizational legacies of decentralized wartime command structures influenced the post-insurgent parties ruling styles, making them less likely to be inclusive in their decision-making process The way conflicts end as well as conflict resolution methods and agreements have also been the focus of many studies. The role of the peace agreements, including their shortcomings and the role they play in ensuring a smooth transition were explored by several authors (Young, 2007; Lyons 2013 & 2016; Kovacs and Hatz 2016). In his study of Sudan People\u2019s Liberation Movement (SPLM), Young pointed out to the shortcomings of a peace agreement that despite being presented as \u201ccomprehensive\u201d left many problems unsolved and skipped important issues to be discussed after the agreement was signed. Kovacs and Hatz on the other hand, in their review of rebel-to-party provisions in peace agreements, found that the agreements\u2019 provisions played a rather insignificant role and made little difference in the expected outcomes. The relationship between war termination and post-conflict regimes was the subject of Lyon\u2019s comparative study of the victorious Ethiopian People\u2019s Revolutionary Democratic Front (EPRDF), Eritrean People\u2019s Liberation Front (EPLF), Uganda\u2019s National Revolutionary Army (NRA), and Rwandan Patriotic Front (RPF). Lyons showed how victorious rebels often tend to transform into authoritarian parties. In another examination of war to peace transitions, the same author argued that peace implementation was more likely to succeed when the process is flexible on deadlines and milestones and when it prioritizes the demilitarization of politics. 36 Several authors have looked at regional developments as well as regional and international involvement to measure the extent to which these factors impact the development of former warring parties (Manning, 2007; Nindorera, 2007; Giustozzi, 2007). Analyzing the experiences of El Salvador, Bosnia, Kosovo and Mozambique, Manning studied the influence of international actors and presented the role they played in shaping the outcomes of these transitions. Nindorera\u2019s study of the in Burundi also examined the constructive role of regional and international involvement. In similar fashion, Giustozzi shed light on the failings of a fragmented international intervention in Afghanistan Many scholars turned their attention to the ideological position and ideological evolution of these groups, and their possible impact on the parties\u2019 overall performance (Kalyvas, 1996; Manning 1998; Collier & Hoeffler, 2000; Fearon & Laitin, 2003; Weinstein 2007; Nindorera, 2007; Schwedler, 2007; Tezc\u00fcr, 2010; San\u00edn & Wood 2014; Berti, 2019; Burihabwa & Curtis 2019; Chemouni & Mugiraneza 2019; Curtis and Sindre, 2019; Ishiyama 2019; Sindre 2019; Sprenkels, 2019). Downplaying the role of ideas in civil wars Collier and Hoeffler argued that greed was more likely to cause conflict than actual grievances. Greed, they argued, represented by financial opportunities for capturing resources, is what made rebellion attractive and rendered it more viable. Along the same lines, Fearon and Laitin found that the root causes of civil wars in ethnically or religiously diverse countries, stemmed from social and economic conditions rather than from ethnic or religious peculiarities. The authors argued that poverty, instability, rough terrain, and large populations were the factors most likely to drive social unrest and inspire insurgencies, mobilized along ethnic lines. By contrast, San\u00edn and Wood considered that ideology plays an essential role in armed groups\u2019 behavior and that it mattered in both instrumental and normative ways. Ideology they argued, helps create cohesion amongst heterogenous members with sometimes different values and beliefs, it also helps shape and constrain armed groups\u2019 actions even at 37 the cost of strategic benefits. Translating and analyzing songs that supported the Rwandan\u2019s Patriotic Front (RPF) during its early days, Chemouni and Mugiraneza pointed out to the enduring impact of ideas that motivated armed groups during the war. Unveiling the armed group\u2019s wartime visions, the authors found that while the ideology was used as an instrument to create legitimacy, it also drove policies that reflected deep rooted ideas from the past. Looking at the experience of Renamo in Mozambique, Manning brought to light the importance of ideology (or lack of) in these groups\u2019 war-to-peace transition. The author described the metamorphosis of Renamo \u2013famously known for being an armed organization without political program\u2013 and the efforts it exerted to construct the political core that it lacked. Other authors focused on electoral participation and its ability to contribute to the ideological moderation of radical groups. Examining the three dimensions of inclusion (elections, cooperation and moderation) of Islamist groups in the Middle East, Schwedler showed how political inclusion is likely to moderate the views of extremist actors in general terms. Schwedler noted however that this moderation doesn\u2019t eliminate all forms of radicalism since the new political actors typically retain their normative commitments. In his study of confessional parties in six European countries, Kalyvas analyzed the Christian Democratic parties\u2019 phenomenon, and the relationship between these parties\u2019 religious pedigree and their evolution as successful, democratic, and secular parties. The author highlighted the pragmatic disposition of these parties and the way in which self-interest constrained their choices and led to decisions that altered their initial predisposition in a permanent way. Weinstein\u2019s 2007 study of the Tupumaros showed how the road to power in Uruguay involved ideological compromises and the endorsement of a more pragmatic and moderate approach. Looking at the political and ideological evolutions of Hamas (Palestine) and Hezbollah (Lebanon), Berti observed that both organizations developed a political discourse that reconciled a radical ideological platform with the needs of their sociopolitical environment. By stretching the interpretation of their constitutive ideological platforms both were able to maximize their political gains. In his study of the post-war ideology, Sprenkels posited that, torn between intra-party tensions about ideological definitions and the need to attract centrist voters, the adopted political positions that conflicted with the party\u2019s ideological commitments. This 38 paradoxical process was described by the author as \u2018ambivalent moderation\u2019 which ultimately weakened its contributions to democratization. Curtis and Sindre explored the variation in the role of ideology in former rebel parties and the extent to which ideological rebranding affected post-war politics. Studying the transformation of Aceh Party, the Serb Democratic Party, and the Tamil National Alliance, Sindre found that the programmatic message that former rebel groups mobilized around, played an important role in forging more peaceful inter-ethnic relations after war. Similarly, Nindorera identified ideological weakness as one of the main obstacles to the effective transformation of the in Burundi. Contesting previous arguments that the absence of progressive ideas led to adopt authoritarian governance practices, Curtis and Burihabwa argued that progressive and inclusive ideas did exist but were sidelined by hardliners who were able to gain control of the party by use of force. The authors explained that earlier research, focusing on either the CNDD-FDD\u2019s lack of a clear ideology, ethnic outbidding, or on the role of international and regional actors, failed to take into account the internal dynamics that determined the party\u2019s behavior once in office. At the same time, other studies showed how domesticating extremism, especially in undemocratic systems of government, undermined democratic transformation. Comparing Islamic political actors in Iran and Turkey, Tezc\u00fcr found that while moderation helped produce Muslim reformers, it remained an advantage in disguise. Examining the effects of identity change on party success after the end of civils wars, Ishiyama concluded that name changes carried much less significance than renunciation of violence in future party performance The internal functioning of rebel groups once they become political actors, including their organizational structures, and intra-party dynamics, were also the subject of many studies. Authors looked at political cleavages (Ibarra & Puig 2007; Manning, 2007; Ishiyama & Batta, 2011; Sindre, 2016), organizational and institutional factors (Allison, 2018), as well as internal democracy (Wade, 2007), and their possible impact on party evolution. Looking at 39 the experience of the Communist Party of Nepal (Maoist), Ishiyama & Batta used pre-existing literature on rebel group-to-party transformation to understand the internal dynamics of the party. The authors found that the former rebel group\u2019s own features as well as the external political environment created political cleavages that generated \u201ccentripetal pressures\u201d leading to major reorganizational changes. Ishiyama & Batta described the divisions that emerged when the party split between those who supported electoral pragmatism and those who opposed ideological accommodation. Similarly, Ibarra and Puig illustrated the dangers posed by internal divisions and ideological ambiguity on the Guatemalan former guerrillas. These internal struggles they argued imperiled the very existence of these post-conflict movements. Examining the cases of El Salvador, Bosnia, Kosovo and Mozambique, Manning investigated the challenges faced by these parties\u2019 leaders while trying to balance adaptation to the democratic games and internal organizational dynamics. The author described the party leaders\u2019 struggles to retain control of their parties while contesting elections following the rules of democratic competition. Looking at the impact of organizational and institutional factors, Allison tried to understand the reasons behind the URNG\u2019s poor performance as a political party. He concluded that in addition to unfavorable electoral rules, the size of the organization, internal divisions, lack of political experience, and a poor relationship with civil society played a determining role in the party\u2019s underachievement. In a 2007 study on the FMLN, Wade determined that while political experience of some of its leaders helped transform the former guerrilla into one of the most successful political parties of its kind, internal disputes and lack of internal democracy also hampered further advancement. Finally, looking at ex-combatants\u2019 political mobilization in Aceh and East Timor, Sindre argued that former rebel group members greatly influenced the party\u2019s evolution in the post- conflict period. Sindre observed that former rebel group members exerted influence on intra-party dynamics and on post-conflict policy formulation Lastly, some attention has been paid to the impact of the inclusion of former rebel parties in the peace negotiations and to this involvement\u2019s effect on a long-lasting peace. For example, 40 Roy Licklider77 argued that in order to promote peace duration, all important players had to be included in the process as far in advance as possible. Similarly, investigating the effects of inclusive strategies in peace agreements, Suazo (2013) found that including former rebel parties in the process of governance after the conclusion of the peace process positively impacted long-term peace prospects.78 Suazo\u2019s argument was echoed by Marshall and Ishiyama (2016) who, examining the extent to which the inclusion of these parties in the democratic process contributed to a durable peace in the aftermath of civil wars, found that this active involvement greatly reduced the likelihood of recurrence of conflict.79 The exclusion of important stakeholders -such as peace opponents or disgruntled partisans- from the peace process was explored by Stedman who highlighted the role played by international actors in preserving peace.80 While this recent scholarly literature has focused its attention on the reasons behind the political success of parties with an armed history, and the impact of the inclusion of former rebel parties on a lasting peace, the study of such parties\u2019 role as agents of change and their contribution to an improved democracy has largely been ignored aim to contribute to the literature on post-insurgent political parties through examining the role of the Sinn F\u00e9in, the Lebanese Forces, the M-19, and the FMLN, as forces driving meaningful progress in the democratic practices at the national level. This effort seeks to both evaluate the worthiness of engaging in peace processes with armed groups, and deepen the understanding of these transformed entities, outside the framework of pure electoral success. Before going any further would like to clarify that of the four cases presented in this thesis, only the Colombian party first saw the light as an armed group with no previous political 77 Licklider, R. (1993). Stopping the Killing, How Civil Wars End. New York University Press. 78 Suazo, A. (2013). Tools of Change: Long Term Inclusion in Peace Processes Tools of Change: Long-Term Inclusion in Peace Proce. Democratization, 28. 79 Marshall, M. C., & Ishiyama, J. (2016). Does Political Inclusion of Rebel Parties Promote Peace after Civil Conflict? Ibid., 23(6), 1009-1025. 80 Stedman, S. J. (1997). Spoiler Problems in Peace Processes. International Security, 22(2), 5-53. 41 presence. The three other political parties under review had had various degrees of political involvement before the emergence of the armed groups that would eventually end their armed activities upon signature of a peace agreement. Most notably, founded in 1905, the Sinn F\u00e9in party far preceded that of the Irish Republican Army (IRA), the armed group that the party was for a long time associated with. Established some eight years later, the \u00d3glaigh na h\u00c9ireann (renamed at the start of the insurrection of Easter 1916), was born in response to the formation of an antithetical force, the Ulster Unionist Force, a militia loyal to the Ulster Unionist party. This sequence had significant consequences on the subsequent development of the party as well as the relationship between the two entities before and after the signature of the agreement. In the cases of the and the Lebanese Forces, both armed groups emerged as military wings of pre-existing political organizations such as the Communist Party in El Salvador or the Kataeb Party in Lebanon. Nonetheless, the armed expressions of those foundational parties would evolve into separate entities with distinct trajectories. Even if the initial groups that constituted them often remained relevant, these new entities evolved into full-blow organizations that would negotiate a peace settlement and transform themselves into distinct post-war political actors The most distinctive aspect of this research is its focus on the political parties as agents of change. Rather than looking at these parties\u2019 electoral successes will focus my attention on their broader achievements. Firstly, and to avoid any confusion would like to highlight the conceptual distinction that draw between party success and party achievements. For the purpose of this study, party success will refer to the parties\u2019 performance as political institutions and their ability to survive beyond two electoral cycles. Thus, party success will pertain to the parties\u2019 electoral victories and their ability to maintain or increase their vote 42 share and support base overtime, thereby to remain as significant players on the political arena. Party success will be considered as one of the independent variables under review. Party achievements on the other hand will refer to these movements\u2019 contribution to the wellbeing of citizens and the democratization processes in their respective countries. These achievements would be long-lasting legacies that would endure even after/if those parties lose popularity, leave power, or cease to exist Throughout the thesis will be using different sentences to refer to party achievements. Those will include: \u2018contribution to the wellbeing of citizens\u2019, \u2018democratic achievements\u2019, \u2018improved democracy\u2019, and \u2018positive change will also refer to the parties studied and their transformation using different expressions that might sometimes miss the subtle differences between the parties but nonetheless capture the general similarities between those cases. These expressions include, \u2018post-insurgent parties\u2019, \u2018former armed groups\u2019, and \u2018rebel-to- party transformation\u2019. In particular, these qualifications might not accurately describe the Sinn F\u00e9in that was never an armed party itself but rather the political wing of an armed party While the concept of democracy generally refers to the \u2018rule of the people\u2019, consensus over the definition of the term was never reached. Over the years, a number of scholars have attempted to establish a clear description of what it entails or how it should look like. In a seminal work on democracy and the ideal system of government, John Stuart Mill (1861) argued that, unlike under aristocratic or monarchic rules, democratic governments force decision-makers to share the political power with ordinary citizens, whose rights and interests of citizens are best preserved under this form of government.81 Schumpeter\u2019s very influential definition in the early 1940s stripped the term of its egalitarian character claiming that democracy was a control system where political elites use elections to obtain power.82 81 Mill, J. S. (1861). Considerations on Representative Government. Cambridge University Press. 82 Schumpeter, J. (1943). Capitalism, Socialism, and Democracy. G. Allen & Unwin Ltd. 43 Sartori\u2019s \u2018theory of democracy\u2019 (1987) pushed Schumpeter\u2019s classic elitist conception to extremes underlining the deceptive nature of democracy, describing it as a system that claims to represent the will of the majority when in fact it ensures the rule of a minority.83 Attempting to define an ideal type of democracy, Dahl (1972) developed the concept of Polyarchy, defined as a set of institutional arrangements that permits political participation and public contestation by a great number of actors including community organizations and civil associations.84 In \u2018The End of The Transition Paradigm\u2019 Thomas Carothers (2002) observed that, as they moved away from authoritarianism, many developing countries entered a political \u2018grey zone\u2019 where a number of conditions challenge the old assumptions of successful democratization. Carothers suggested the development of new models to assist countries going through the democratic transition.85 Other scholars tried to understand why some countries were more likely to adopt democratic practices than others. For example, comparing the experiences of several Latin American countries, P\u00e9rez-Li\u00f1\u00e1n and Scott Mainwaring (2013) developed the concept of \u2018regime legacies\u2019, highlighting the idea that a strong history of democracy is conducive to more democratic countries in the modern era. Powerful actors\u2019 political preferences and transnational forces are also pointed out as important factors explaining regime outcomes.86 Some economists have argued that economic growth promoted democracy and vice-versa. For example, Lipset (1959) believed that democracy was the direct result of economic growth and that nations with a significant degree of industrialization and high levels of education had a greater chance of sustaining democracy than their less developed counterparts.87 Related to these findings, Przeworski (2000) found that while democracies are much more likely to survive in wealthy societies, democratic systems of government 83 Sartori, G. (1987). The Theory of Democracy Revisited. Chatham House Publishers. 84 Dahl, R. (1972). Polyarchy, Participation and Opposition. Yale University Press. 85 Carothers, T. (2002). The End of the Transition Paradigm. Journal of Democracy, 13(1). 86 Anibal, P.-L., & Mainwaring, S. (2013). Regime Legacies and Levels of Democracy: Evidence from Latin America. Comparative Politics, 45(4), 379-397. 87 Lipset, S. M. (1959). Some Social Requisites of Democracy: Economic Development and Political Legitimacy. The American Political Science Review, 53(1), 69-105. 44 have no impact on the economic development or economic equality.88 Acemoglu et al. (2019) estimated that countries that transitioned from nondemocracy to democracy increased their per capita by about 20 percent more than countries that remain a nondemocracy in the next 25 years following their transition.89 Amartya Sen (1999) would argue that democratic practices, which are intricately connected to freedom, are conducive to general welfare. Multiparty democracies with free elections and free press he contended, forced policy- makers to be more responsive to the population.90 Consensus over the definition of democracy being so difficult to reach, a general agreement over its measurement is even more difficult to obtain.91 number of institutions have dedicated themselves to evaluating and ranking countries\u2019 levels of democracy however, consensus on what to measure and how to measure it could not be reached either. In fact, it is fairly common that these institutions\u2019 reports reach different outcomes. Providing data from eight leading organizations dedicated to measuring democracy, Our World in Data pointed out to the fact that these institutions often come to different conclusions in their assessments. According to Our World in Data differences stem from the way democracy is characterized and scored, the complexity of the spectrum used, the years and number of countries covered, the assessment of the characteristics of democracy, the approaches used to measure democracy, the precision of the assessments, the comparability across countries and time, and other factors that lead to different scoring models.92 When attempting to measure democracy, two of the most frequently used organizations are Freedom House and Polity IV. Despite being primarily interested in measuring freedom in the world, Freedom House\u2019s results are often considered benchmarks of democracy as they observe political rights and civil liberties according to a number of subcategories. Polity in turn, observes 88 Przeworski, A. (2000). Democracy and Development; Political Institutions and Well-Being in the World, 1950-1990. Cambridge University Press. 89 Acemoglu, D., Naidu, S., Restrepo, P., & Robinson, J. (2019). Democracy Does Cause Growth. Journal of Political Economy, 127(1). 90 Sen, A. (1999). Development as Freedom. Anchor Books, a division of Random House Inc. 91 Coppedge, M., Gerring, J., Altman, D., Bernhard, M., Fish, S., Hicken, A., . . . Teorell, J. (2011). Conceptualizing and Measuring Democracy New Approach. Perspective on Politics, 9(2), 247-267. 92 Herre, B. (2022). Democracy data: how do researchers identify which countries are democratic? 45 competitiveness and openness of executive recruitment, constraints on executive power, regulation and competitiveness of participation. According to H\u00f6gstr\u00f6m, despite aiming at similar outcomes, these two institutions\u2019 ranking of countries\u2019 levels of democracy widely differs, the diverging results being a reflection of their diverging ways of measuring their construct.93 Additionally, a number of scholars, pointed out to these institutions\u2019 political bias. In particular, Freedom House\u2019s ratings have often been criticized for granting better scores to countries that have closer relations with the United States94 and for oversimplifying complex issues, reducing important questions to simple classifications.95 Furthermore, Cooley and Snider argued that these organizations\u2019 rankings had adverse consequences on the states being graded. Reacting to their own rankings, governments felt compelled to devise strategies to respond to what they perceived as public judgments. According to the authors, these reactions often influence policymakers to make poor choices that lead to inadequate public policy outcomes.96 The definition, description, and factors leading to democracy being so inconclusive, examining the four political parties\u2019 contribution to democracy became a daunting task. Against this background have decided to use as benchmark what considered as the most universal approach to describing fair representation and the effective enjoyment of human rights, the U.N. Universal Declaration of Human Rights. Adopted by the General Assembly on the 10th of December 1948, the Universal Declaration of Human Rights -initially conceived with the goal of preventing that atrocities like those of Second World War happen again- 93 H\u00f6gstr\u00f6m, J. (2013). Does the Choice of Democracy Measure Matter? Comparisons between the Two Leading Democracy Indices, Freedom House and Polity IV. Government and Opposition, 48(2), 201-221. 94 Steiner, N. (2014). Comparing Freedom House Democracy Scores to Alternative Indices and Testing for Political Bias: Are Allies Rated as More Democratic by Freedom House? . Journal of Comparative Policy Analysis Research and Practice, 18(4), 1-21. 95 Lozovsky, I. (2016). Freedom by the Number. Foreign Policy. 96 Cooley, A., & Snyder, J. (2016). Ranking the World Grading States as a Tool of Global Governance Cambridge University Press. 46 seemed like the right point of reference. This choice appeared to be especially suitable since my thesis is looking at different cases having emerged in different parts of the world with different backgrounds and cultural values. Composed by members with distinct political, cultural and religious backgrounds, the Commission that drafted the declaration epitomized universal values the way no other document had ever done so before. Co-drafted by French, Lebanese, Chinese, and Canadian nationals, and chaired by an American, the Universal Declaration on Human Rights was based on a common ground that transcended local cultures, beliefs, and traditions.97 From this perspective chose to examine the four political parties\u2019 ability to promote such universal values, thus defending the rights of citizens in a manner that transcended the democratic conditions and socio-cultural backgrounds of the countries where they emerged. It should be pointed out that the above-mentioned considerations do not necessarily imply that the political parties under review had adopted the Universal Declaration on Human Rights as their guiding principle as they crafted policies. In fact -and although there would often be explicit references to the various conventions in programs and legislations- in many instances, these parties might very well have been unaware of the connection between the policies they were promoting and the principles of the declaration. Nonetheless, while reviewing the legislations, advocacy, and policy programs put forward by these parties have used these guidelines as benchmarks to measure their contribution to democracy mainly relied on the International Bill of Human Rights \u2013which consists of the Universal Declaration of Human Rights (UNDHR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and the International Covenant on Civil and Political Rights (ICCPR) and its two Optional Protocols. Considered the ultimate reference for promoting human dignity and rights, these documents guided my evaluation of these parties\u2019 policies and contributions to the societies where they emerged also considered the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the United Nations 97 Website. Universal Declaration of Human Rights: History of the Declaration. 47 Conference on Trade and Development (UNCTAD), the United Nations Convention against Corruption (UNCAC), the Convention on the Rights of the Child (CRC), the Convention on the Rights of Persons with Disabilities (CRPD), and other instruments and declarations such as the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the Basic Principles for the Treatment of Prisoners, United Nations Principles for Older Persons, the Convention against Transnational Organized Crime, and the declaration on strengthening international cooperation in the prevention of and fight against corruption during times of emergencies and crisis response and recovery. In particular evaluated these parties\u2019 contribution to the promotion of measures that would enable both men and women to: enjoy all human rights (art. 3 of both and ICCPR), the rights to work (art. 6 of ICESCR); enjoy just and favorable conditions of work (art. 7 of ICESCR); form and join trade unions (art. 8 of ICESCR); gain access to social security, including social insurance (art. 9 of ICESCR); receive the widest possible protection and assistance for the family, especially mothers, children and young persons (art. 10 of ICESCR); gain access to an adequate standard of living (art. 11 of ICESCR); enjoy the highest attainable standard of physical and mental health (art. 12 of ICESCR); gain access to education (arts. 13 and 14 of ICESCR); and take part in cultural life (art. 15 of also looked at the parties\u2019 contributions to: protecting citizens from torture or cruel, inhuman or degrading treatment or punishment (art. 7 of ICCPR); ensuring that no one is held in slavery or in servitude, or required to perform forced or compulsory labor (art. 8 of ICCPR); guaranteeing that no one is subjected to arbitrary arrest or detention (art. 9 of ICCPR); and ensuring that all persons deprived of their liberty are treated with humanity (art. 10 of also looked at these parties\u2019 contributions to: promoting the equality of all persons before the courts and tribunals and for guarantees in criminal and civil proceedings (art. 14 of ICCPR), prohibiting retroactive criminal legislation (art. 15 of ICCPR); promoting the recognition of everyone, everywhere as a person before the law (art. 16 of ICCPR); and campaigning for the prohibition of arbitrary or unlawful interference with an individual's privacy, family, home or correspondence, and of unlawful attacks on honor and reputation (art. 17 of also observed these groups\u2019 contribution to the protection of the rights to freedom of thought, conscience and religion (art. 18 of ICCPR) and to freedom of opinion and expression (art. 19 48 of ICCPR). In addition examined these parties\u2019 contributions to: fighting propaganda for war and of any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence (art. 20 of ICCPR); promoting the right of peaceful assembly (art. 21 of ICCPR) and the right to freedom of association (art. 22 of ICCPR); supporting the right of men and women of marriageable age to marry and to found a family, and the principle of equality of rights and responsibilities of spouses as to marriage, during marriage and at its dissolution (art. 23 of ICCPR). Also were taken into consideration, these parties\u2019 efforts to promote the protection of the rights of children (art. 24 of ICCPR); and the recognition of the right of every citizen to take part in the conduct of public affairs, to vote and to be elected, and to have access, on general terms of equality, to public service in his country (art. 25 of ICCPR). Finally looked at their work in: ensuring that all persons are equal before the law and are entitled to equal protection of the law (art. 26 of ICCPR); and calling for protection of the rights of ethnic, religious and linguistic minorities in the territories of States parties (art. 27 of ICCPR). In addition to the aforementioned criteria also considered these parties\u2019 efforts to lobby for more transparency and promote a more informed and engaged citizenry, as well as the role they played in increasing the political weight and active role of often-disempowered groups such as women, youth and minorities. Answering this research question empirically, required information on the histories and trajectories of those parties to find out the extent to which the organizational legacy and future development of the parties contributed to the desired outcome. It\u2019s important to note that didn\u2019t anticipate that these parties\u2019 contributions revolutionize the democratic systems in the countries where they emerged, but rather contribute in some measure to an improved quality of life, and to the betterment of human wellbeing and individual welfare. Party achievements were organized in a systematic manner according to the international covenants in Annex II. 49 would like to acknowledge a change in direction during the course of my investigation. This work started off in an exploratory mode, wanting to research the internal functioning of political parties with links to previous armed groups and the internal operations\u2019 influence on the parties\u2019 electoral success. But as learned about these parties\u2019 roles in expanding the boundaries of democratic governance decided to shift to a different research design, investigating the actual grounds that led to that common outcome. This thesis utilizes the methodology of the most different systems design. This strategy is centered on comparing very different cases that yield the same outcome. It allows the researcher to identify a commonality between otherwise different cases and thus identify the independent variable that is causing the same outcome.98 The initial assumption is that the four political parties chosen are different in a number of respects. They are located in different continents, they have quite different grievances, they fought with different methods, their peace agreements are substantially distinct, and their experiences as political parties vary significantly. Furthermore, each one of these cases exhibits a notable singularity. Unlike the other three cases the won state power through the electoral route. Of all three cases, the M-19 is the only party that wasn\u2019t even able to survive and disappeared barely three years after its inception feature very unique to Sinn F\u00e9in is the fact that it started its journey as a political party way before the Good Friday agreement was signed, and even preceded the formation of the armed group. Finally, and not to be disregarded, the Lebanese Forces, unlike most insurgent parties, stands out as a party that claims \u201cresistance\u201d rather than \u201crevolutionary\u201d origins never embraced socialism as a preferred political system but was rather to the right of the political spectrum. Unlike the three other cases whose revolutionary goals aimed at achieving redistributive 98 Steinmetz, J. (2021). Comparative Politics. In Politics, Power, and Purpose: An Orientation to Political Science. 50 social policies and securing economic policies favoring the poor and working classes, the militia represented a section of the population that was relatively privileged and the armed group\u2019s agenda evolved around concepts of freedom, sovereignty and liberation from occupying forces. In other words, the past history and post-conflict evolution of these parties cannot at first sight, explain the fact that they all yielded similar results. Further investigation consisted in testing step by step this assumption in the course of a cross-systemic research sifted through the variables existing between the four cases and isolated those that are similar, since similar variables between the cases may in fact be the causal agent that is producing that same outcome asked the following question: What was sufficiently common among these parties to convert them into agents for positive change at the national level irrespective of their locations, past history, institutional differences, and degrees of success? Based upon the aforementioned theoretical model, the following hypothesis was formulated: there is a positive correlation between rebel-to-party transformation with a sincere commitment to engage in democratic practices and an improved democracy. This hypothesis claims that the armed groups\u2019 renunciation of violence with a clear intention to join the democratic battlefield leads to these parties playing a leading role in the promotion of social wellbeing and improved democratic practices. As a first step identified the dependent variable then established the independent variables, one of which is similar across all cases and six that varied from case to case singled out the dependent and independent variables as follows: \u2022 Dependent (outcome) variable: An improved democracy \u2022 Similar independent variable: Rebel to party transformation \u2022 Different independent variables: The peace agreement and the process that follows; the electoral system and electoral performance; the political environment; alliances and international support; previous political experience; internal democracy and inclusiveness including leadership selection and party discipline, and inclusion of women, youth, and 51 minorities; internal cohesion; communication with the electorate and other stakeholders; finances; role of leadership; and ideology. The samples studied are derived from four cases with very distinct histories, fighting for different causes and having had dissimilar experiences as political parties. My hypothesis presumes that these groups\u2019 particularities are irrelevant in explaining the dependent variable and that the only explanation for this common outcome is these parties\u2019 rejection of the armed struggle and commitment to exclusive political activity. When noticed common ground within these particularities studied these particularities. My investigation consisted in replicating some parts of previous studies to examine the impact of the war-to-peace transition and its challenges, the internal functioning of these parties, as well as more independent variables collected from the previously mentioned scholarly writings. The bulk of my research however, relied on in person interviews with members, former members and dissidents of the parties studied, as well as other stakeholders total of 50 interviews were conducted in Lebanon, Ireland, Colombia, and El Salvador. The complete list of interviewees can be found in Annex This approach is not without its own limitations. The most obvious is that am looking at a relatively limited number of political parties and it would be important to examine other comparable cases especially those that (similar to the M-19) were not able to survive as political entities, the case of the M-19 being notably unique for its resounding failure and remarkable achievements. Additionally am aware of the fact that these parties\u2019 accomplishments, in many cases, might not have translated into clear-cut tangible changes. For instance, many of the achievements identified, such as the legislative proposals presented and lobbied for by the FMLN, the Lebanese Forces, and Sinn F\u00e9in, failed to reach their full potential. In many cases, these proposals were never ratified by parliament or were modified to suit certain interests before adoption, let alone the cases where the enacted laws 52 didn\u2019t end up being applied equally to everyone. Nevertheless, while it is not always clear how things would unfold believe that these political players pushed the envelope of democratic norms through awareness raising and in ways that positively influenced the society as whole. It's important to note that, for the purpose of this study deliberately chose to only observe the actions, moves and activities that pertain to my scope of work as delineated above. It has often been brought to my attention by interviewees, especially those that are in disagreement with the parties under review, that these groups\u2019 violent past stains their postwar achievements. Some of these claims contend that these parties\u2019 contributions to the betterment of society should be dismissed as the harm that was generated as a consequence of their armed history far exceeds the benefits that ensued from their contributions as political actors. While acknowledge that these claims merit academic attention chose not to delve into these considerations. It is to be noted that the interviewees\u2019 contributions and analysis was undoubtedly conditioned by their parties\u2019 situation at the time of the interview. That is, most of the members were interviewed while the party was still in power in El Salvador; the Lebanese Forces and Sinn F\u00e9in interviewees were approached at a time when their parties were rising opposition parties, and the M-19 former members were met almost four decades after their party had fallen apart. In this context, the quality of the information collected from the interviewees varied considerably from one case to the other. In particular, the former M- 19 interviewees were remarkably transparent and critical vis a vis the (now extinct) party. With the benefit of distance and hindsight, the Colombian interlocutors shared information that was shaped by a critical reflection with little interest in defending past failures and drawbacks. They identified problems at their core and offered a critical perspective that allowed for a nuanced evaluation of the rise and fall of the party. In contrast, the other three cases\u2019 interviewees, not unexpectedly, spoke in support of their parties\u2019 actions and decisions. It should also be noted that interviewing Sinn F\u00e9in members was particularly difficult. Gaining access to interviewees was the greatest challenge. Part of it was probably fault of mine as, not being fully aware of the criminal repercussions of uncovering past links 53 to the presented my work without clarifying the fact that the thesis\u2019 goal wasn\u2019t to uncover any past connection to the in any shape or form. That might have deterred people from sharing information and talking freely about their experience, fearing that the interviews would touch upon issues that they were uncomfortable talking about. It later became clear to me that, because there is no amnesty for troubles-era crimes, people who were even remotely connected to the watched their words carefully. The Lebanese Forces and the interviewees on the other hand, showed great enthusiasm and were happy to meet and share information about their parties\u2019 inner workings and respective experiences comparative case study approach was selected as the best way to evaluate these parties\u2019 achievements used three criteria to select the participating parties, one of which is a unifying one across all cases while the two others greatly differed from one case to the other. The two last criteria would serve to demonstrate that irrespective of how these parties evolved, they all produced the same outcome. The first criterion is the war-to-peace transition chose parties that had a long experience of militant violent struggle against the state or sub-national structures of authority and that had all embarked on a peace process that resulted in a peace accord. These parties would also participate in the post-settlement reconstruction of their society and engage in conventional politics. All four parties contested elections and could count, at various points in time, a considerable number of local and national elected representatives. They also were all, at some point, part of the parliamentary opposition, and had at least one significative electoral victory that energized their parties and undoubtedly fostered self-confidence and credibility. Second selected cases that had achieved different degrees of effectiveness in their political development and that had gone through dissimilar transition processes. These cases range from a very successful transformation such as that of the -that rose to became El Salvador\u2019s ruling party- to a major setback as was the case of the M-19 that 54 ceased to exist only a few years after its establishment. Lastly, and to ensure cultural diversity chose cases that are geographically spread across distinct parts of the world, enabling an exploration of the cultural and geopolitical factors affecting the transformation of protracted conflicts from different parts of the globe (Middle East, Europe, Central America and South America). Bearing in mind these considerations, the following four organizations were selected M-19 (Colombia former guerrilla organization that successfully transitioned from an armed group to a political party, initially with great success. After contributing to the drafting of a new Constitution for Colombia, the party slowly lost popular support, before completely disappearing, a mere 4 years after its emergence. \u2022 Sinn Fein (Northern Ireland political party that operated in parallel with a military action for many years. After signing a peace agreement, the party fully committed to peaceful political action, witnessing a gradual growth in popularity until it became the most popular party both North and South of Ireland; \u2022 Lebanese Forces (Lebanon): Fought as the main resistance militia within the Christian-dominated Lebanese front during the civil war. The militia\u2019s demobilization was followed by an 11-year ban from political activities. Upon resumption of partisan life, the party gathered momentum and rose to become the largest Christian party in Parliament (El Salvador): entered the political arena after a decade-long armed insurrection. The party grew slowly but steadily, remaining in opposition for several years before becoming the strongest faction in the National Assembly. The eventually won two presidential terms before suffering rebuke after 10 years in power. 55 2 As political parties, the former armed groups considered in this study moved away from the war mindset and committed to peaceful political life in significant ways. Definitely turning the page of armed conflict, they gradually acquired the skills needed to compromise, and unconditionally embraced the rules of democratic life. Despite varying in their electoral performance, all four parties actively participated in public life and achieved many successes on the political battlefield. Their achievements span from helping reform the constitution, to drafting legislations aimed at advancing and protecting democracy and human rights. The revamped organizations also advocated for improved democratic practices and helped advance citizens\u2019 wellbeing in a number of ways. Adopting a peace-driven discourse, all four political players arguably promoted reconciliation at the national level. As a political party, the former M-19 guerrilla played a leading role in the drafting of a new Constitution for Colombia, one that embraced tenets of international law and consecrated the principles of human rights. Sinn F\u00e9in became a staunch advocate for the principles of equality and strived to protect citizens\u2019 rights, including women, children and minorities. The Lebanese Forces campaigned for human rights issues, promoting legislation that aimed to protect women and children. The party also promoted transparency and judicial independence. And finally, as a ruling party, the instituted important reforms that improved human rights, education, health, and judicial independence. It also created opportunities for the vulnerable and disadvantaged populations. It\u2019s important to note that, the promotion of democracy the way it unfolded might not have been an explicit objective of the armed movements that were linked to the four parties studied. While often having democracy-compatible goals and demands, it would be difficult to argue that any non-state armed insurgency\u2019s actions or modus of operandi are in keeping 56 with the tenets of democracy as commonly understood. The four cases covered in my study are no exception to that rule however, as political parties, they have acted in manners that have furthered democracy in unequivocal ways. In their new role as peaceful political players, party leaders often struggled to iron out wartime differences but managed to reinvent themselves as relevant political forces. As they embraced the rules of electoral participation, these new political actors were compelled to find a mainstream political ideology that suited the new post-war setting, and to moderate their views to influence election results in their favor. It is essential to mention that the democratic achievements of these parties don\u2019t absolve their misconducts or botched policies -that deliberately chose not to scrutinize- but shed light on an aspect that is often overlooked in the analysis of post- insurgent parties\u2019 post-war performance. AD-M19 Up until 1990, the Colombian political regime was a two-party system characterized by an \u201coligarchical structure of power\u201d between the Liberal and the Conservative parties. In 1956, threatened by the brief military leadership of General Rojas Pinilla, both parties held talks and came to an agreement that would organize their political relationship for the next three presidential terms, later extended to four terms. Known as the National front, the agreement -signed by rival political leaders on July 20, 1957- stipulated that the two parties would share power for the following 16 years. Under the terms of the agreement the presidency was to alternate between representatives of the two parties, and a system of parity between both parties would be established in all local and national level legislative and administrative posts.99 99 Hoskin, G. (1979). Belief Systems of Colombian Political Party Activists. Journal of Interamerican Studies and World Affairs, 21(4), 481-504. 57 Despite the changes resulting from the new political regime, both parties adjusted to the new system and were able to maintain their power monopoly. With time however, the clientelistic dynamics that defined the relationship between political parties and the local population -based on the exchange of services for political support- started to erode and generated a legitimacy crisis within the regime. While the political power was able to absorb discontent, loss of credibility in political institutions generated an atmosphere that fostered frustration and stimulated violence.100 It is in this context that Colombia\u2019s insurgent movements mainly, the Revolutionary Armed Forces of Colombia (FARC) and the National Liberation Army (ELN) saw the light in the early 1960s.101 In the 1980s, guerrilla violence was amplified by the appearance of the drug trafficking phenomenon and its growing influence on all sectors of society. In addition to financing guerrilla and paramilitary operations, the drug lords\u2019 enormous resources promoted an atmosphere of chaos and brutality that characterized the conflict.102 The M-19 movement appeared in Colombia in 1973 as an urban middle-class guerrilla, channeling popular discontent and promoting a socialist nationalist ideology. Since its inception the armed group affirmed its commitment to strengthening democracy and building a national identity based on Colombia\u2019s past history. Emerging as part of what had been called the second generation of guerrillas that had surfaced in the 1970s and 1980s, the M-19 was named after the fateful date of April 19, 1970. On that date, General Gustavo Rojas Pinilla had been elected to the presidency but his election was said to be stolen by fraudulent means. Drawing together frustrated militants, the M-19 initially comprised and other guerrilla dissidents (Popular National Alliance) militants, Christian groups, university students, and various political groups. In its early stages, the group undertook highly symbolic actions that captured the nation\u2019s attention such as the stealing of the sword 100 Ladr\u00f3n de Guevara, A. D. (1990). Proceso Electoral y Democracia en Colombia: Las Elecciones de Marzo y Mayo de 1990. Revista Mexicana de Sociolog\u00eda, 52(4), 99-125. 101 Rabasa, A. (2007). Counterinsurgency Study Paper 4, Colombia (1963-Present). In Money in the Bank: Lessons Learned from Past Counterinsurgency (COIN) Operations (pp. 59-68). 102 D\u00e1vila Ladr\u00f3n de Guevara, A. (1990). Proceso Electoral y Democracia en Colombia: Las Elecciones de Marzo y Mayo de 1990. Revista Mexicana de Sociolog\u00eda, 52(4), 99-125. 58 of Sim\u00f3n Bol\u00edvar from the Quinta de Bol\u00edvar Museum, drawing similarities between the struggle for Colombia\u2019s independence and its own aspirations. The M-19 defined itself as \u201cnon-dogmatic\u201d and made sure to distance itself from Marxism-Leninism, contending that its main interests were rooted in political rather than ideological concerns. Unlike the traditional left, M-19\u2019s posture was nationalistic and advocated the enjoyment of life rather than sacrifice for the cause. Distinguishing itself from other contemporaneous guerrillas famed for their unyielding ideologies or internal purges, the M-19 encouraged debates and welcomed political proposals from a wide range of perspectives. M-19\u2019s main strategy was to undertake bold operations with high publicity and large political impact. Amongst the most famous were the theft of more than 5,700 weapons from a military garrison in the north of Bogot\u00e1 on New Year\u2019s Eve of 1979; the two-month long Dominican Embassy siege in 1980 where a commando of the M-19 captured fifteen ambassadors, including the American, before flying to safety in Cuba; or the 1985 siege of the Palace of Justice to prosecute the government for its failure to deliver on its promises, a highly controversial action that substantially reduced the popularity of the group.103 After decades of political and military conflicts, the M-19 guerrilla handed in arms and agreed to cease all military operations after signing a peace deal in 1990. Upon demobilization, the group transformed into a political party that would peacefully participate in political life and contribute to bringing forward important changes including the historic reform of the Colombian constitution. Upon disarming, the M-19 merged with other political groupings and with smaller demobilized armed forces who were also looking for ways to enter the political debate through peaceful means. The demilitarized movement formed a political party, the Alianza Democr\u00e1tica M-19 (Democratic Alliance M-19 or M-19).104 Two days after demobilizing and a few weeks before creating its own party, the former armed group participated in elections astonishing the nation with remarkable results. However, while the movement\u2019s 103 Grabe, V. (2010). M-19: De la Lucha Armada a la Renuncia a la Violencia Jornadas internacionales sobre terrorismo los finales del terrorismo: lecciones desde la perspectiva comparada, 1-33. 104 Boudon, L. (2001). Colombia's M-19 Democratic Alliance case Study in New-Party Self- Destruction. Library of Congress, 28(1), 73-92. 59 debut in politics was full of promise, the M-19 failed to establish itself as a political force and gradually lost steam during subsequent elections. Despite important achievements, the newly formed party was not able to organize itself to create the necessary bases which would have enabled it to remain relevant as a political force. The M-19\u2019s political life faced a number of challenges including reintegration issues, inability to devise a clear ideology, lack of cohesion, insufficient funding, and lack of political experience. Having joined forces with other leftist movements, the new party lacked the discipline that usually characterizes parties with an armed history. The party\u2019s insufficient political experience, its diffused identity, and its members\u2019 poor understanding of the clientelistic influences on the Colombian electoral system, crippled its stature as a viable political alternative.105 Evolving in an eccentric way with little discipline and weak leadership, the M-19 slowly disintegrated and ultimately dispersed. Nevertheless, the Alianza Democr\u00e1tica\u2019s relevance as a political movement far transcends its lifetime as a political party. Fully embracing democratic principles, the movement played an important role in the political process of the 1990s, a period that is considered a turning point in Colombian history. With the active contribution of the party, a new Constitution bringing fundamental and much-needed changes saw the light in 1991. The institutional reform that was embodied in the Constitutional Assembly (Constituyente) was a national undertaking that resulted from a series of developments that were years in the making. The call for a Constituent Assembly as a formula to reform the Colombian Constitution was brought to the political debate on several occasions between 1977 and 1988.106 number of reformist Colombian presidents, aware of the crucial role played by urban swing voters in presidential elections, had been eager to bring about reforms that would satisfy their demands. According to Nielson and Shugart, urban voters were growing increasingly frustrated with the political system whose legislature -elected by institutional rules that overrepresented rural voters- was unresponsive to their needs. Several Presidents 105 Ibid. 106 D\u00e1vila Ladr\u00f3n de Guevara, A. (1990). Proceso Electoral y Democracia en Colombia: Las Elecciones de Marzo y Mayo de 1990. Revista Mexicana de Sociolog\u00eda, 52(4), 99-125. 60 attempted to modify policy to respond to the demands of urban voters but their efforts were repeatedly thwarted by congressional majorities. Last of which was President Barco\u2019s unsuccessful effort to pass a constitutional amendment in 1988, that would have allowed a reform of the Constitution through a referendum. The student movement that emerged in 1990 was immediately perceived as a unique opportunity for change. Encouraged by President Barco and then-Minister of government Gaviria, the movement sponsored an unofficial plebiscite on the day of the congressional elections in March 1990. The initiative was capitalized on by the President who, using his state-of-siege powers, decreed an \u201cofficial\u201d referendum to allow for a special Constituent Assembly to reform the constitution, along with the May 1990 presidential elections. Shugart reported that, albeit unconstitutional, the decree was upheld by the Supreme Court on the grounds that the decision was taken during a national emergency.107 The M-19\u2019s role in that process was multifaceted. The guerrilla\u2019s demobilization and decision to join the political process triggered an enthusiasm and a commotion that, along with other forces, would lead to the Constituent Assembly. But according to Nielson and Shugart the M- 19\u2019s inclusion in that process was also part of a larger scheme. The authors reported that, eager to ensure that the Constituent Assembly included members whose interests diverged from those of members of congress who were likely to oppose their project, Gaviria and some party leaders strategically tied the constitutional reform project to the demobilization of the guerrilla. Gaviria reckoned that, just like the reformist leaders in the Liberal party, the demobilized M-19 representatives would favor changes that would be in line with their vision of a political system, one that would bypass rampant clientelism and corruption that served regional interests and instead, ensure a greater participation of urban voters.108 Whatever the reasons that led to that development, the Constitutional Assembly represented a decisive moment in the country\u2019s history. This national watershed was symbolized by the inclusion of two former nemesis in the collegial presidency of the Assembly, M-19 leader 107 Nielson, D., & Shugart Soberg, M. (1999). Constitutional change in Colombia: Policy adjustment through institutional reform. Comparative Political Studies, 32(3), 313-341. 108 Ibid. 61 Antonio Navarro, and member of the National Salvation Movement (Movimiento de Salvaci\u00f3n Nacional-MSN) Alvaro G\u00f3mez, an undisputed enemy of the M-19, having been kidnapped by the guerrilla in 1988. D\u00e1vila Ladr\u00f3n de Guevara reported that the collaboration between the two men with clear signs of camaraderie served as an illustration of both men\u2019s genuine desire to renounce hatred and build a new political order.109 On August 24, 1990, barely a few months after the creation of the M-19, the Government of President C\u00e9sar Gaviria Trujillo convened a National Constitutional Assembly, calling for the election of 70 members to be tasked with reforming the Colombian Constitution. In a historic ballot, on December 5, 1990, Colombian citizens elected the members of that Assembly, including 18 members of the M-19, making it the second biggest component of the Assembly.110 Receiving 27.14 percent of the vote, a share regarded as outstanding for the newly disarmed movement,111 the former insurgent group was immediately granted national recognition, above all when one of its main leaders, Antonio Navarro Wolff, was elected co-president of the National Constitutional Assembly.112 Considered \u2018the most important attempt at democratization of the country in its Republican period\u2019113 the 1991 constitution was dubbed the \u2018Human Rights Constitution\u2019 as it embraced tenets of 109 D\u00e1vila Ladr\u00f3n de Guevara, A. (1990). Proceso Electoral y Democracia en Colombia: Las Elecciones de Marzo y Mayo de 1990. Revista Mexicana de Sociolog\u00eda, 52(4), 99-125. 110 The Assembly was composed of the Partido Liberal (25); the Alianza Democr\u00e1tica M-19 (18); the Movimiento de Salvaci\u00f3n Nacional (11); the Partido Social Conservador (5); the independent Conservative Party slates (4); the Uni\u00f3n Patri\u00f3tica (2); the Indigenous Movement (2); the Evangelical Movement (2); the Esperanza, Paz y Libertad (2); the Partido Revolucionario de los Trabajadores (1); and the Movimiento Ind\u00edgena Quint\u00edn Lame (1). These last two assembly members were elected but did not have the right to vote in the Assembly. 111 Fox, D., Gall\u00f3n-Giraldo, G., & Stetson, A. (2010). Lessons of the Colombian Constitutional Reform of 1991; Toward the Securing of Peace and Reconciliation? In L. Miller & L. Aucoin (Eds.), Framing the State in Times of Transition (pp. 467-482). 112 Inter-American Commission on Human Rights (CIDH). (1993). Country Report, Colombia. 113 Dur\u00e1n, M. G., Hormaza, O. P., & Loewenherz, V. G. (2008). The M-19's Journey from Armed Struggle to Democratic Politics. Striving to Keep the Revolution Connected to the People (Resistance/Liberation Movements and Transition to Politics, Issue. 62 international law that guaranteed human, economic, and social rights.114 For the first time in Colombia\u2019s annals, the deep-rooted bipartisanship of Colombian politics was ruptured making space for new players In preparation for the Constituent Assembly meetings, the newly formed party convened roundtable discussions and drafted its own version of a new Constitution (Borrador de una Nueva Constituci\u00f3n) outlining its vision of a renewed Colombia. The draft document\u2019s content laid the foundations for an \u2018authentic, democratic coexistence\u2019,115 and suggested articles that were rooted in the principles of tolerance and pluralism, while respecting regional, ethnic, and cultural diversity. The draft constitution suggested articles that guaranteed the right to form unions, the right for health protection and social security, and the right to education, housing and property ownership. It also included a number of articles pertaining to human rights calling for the establishment of an ombudsman for the protection of human rights and fundamental guarantees, the creation of an Attorney General's Office, the protection of ethnic minorities\u2019 rights, a ban on death penalty, and the prohibition of cruel, inhumane and degrading treatment special section was dedicated to political rights including citizens\u2019 right to hold their representatives accountable, and the strengthening of the rights of parties in opposition. It is noteworthy that the draft constitution also included a section on freedom of enterprise and private initiative in a market-based economy, practiced within the limits of common good. Moreover, the draft called for consumer protection and recommended separation of powers. It also requested a two-round electoral system for the President, asking that the election of the Vice President be on the same ticket as the President, and calling for the right for popular recall of governors and mayors\u2019 terms in office.116 114 constitutionnet.org. Constitutional History of Colombia 115 M-19 Draft of a New Constitution for Colombia, Discussion Document, February-March 1991 116 M-19. (1991). Seminarios Regionales De Convocatoria al Congreso Nacional, Borrador de una Nueva Constituci\u00f3n para Colombia, Documento de Discusi\u00f3n, Febrero-Marzo de 1991. 63 After 6 months of deliberations, on July 5, 1991, a new Colombian Constitution was enacted. Entering into force on July 6 1991, the new national charter consisted of 13 chapters, 380 articles and 59 transitory provisions. The new Constitution included many of the articles that the M-19 had suggested in their own draft version. Amongst other, articles that dealt with the protection and promotion of human and social rights such as the creation of a Human Rights Ombudsman\u2019s office, the creation of an Attorney General's Office, the protection of ethnic minorities, the promotion of gender equality, the revocation of mandate of elected officials, the reform of the electoral system for the election of the President, and the establishment of a position of Vice President, to be elected along with the President.117 In its final version, the new Constitution gave international human rights laws superior status over domestic laws and protected citizens from human rights abuses, strengthening control over those in power. It established several mechanisms to protect those rights, clearly indicating that certain absolute rights cannot be suspended even during a declared state of emergency. The Constitution also defined political rights and the proper way to exercise them, making room for a meaningful opposition, and regulating the function and responsibilities of political parties.118 To protect citizens from human rights abuses, the new Constitution called for, among other things, the creation of a Human Rights Ombudsman119 (Defensor\u00eda del pueblo), expeditious recourse to the courts (acci\u00f3n de tutela)120, popular actions, and the restriction of the State\u2019s ability to impose states of exception.121 The creation of a Human Rights Ombudsman under the supervision of the attorney general, aimed to monitor the protection and development of human rights. The ombudsman would enjoy far-reaching authority with an ability to file claims, provide human rights education, and promote legislation that enhance the human rights\u2019 environment. The ombudsman and the attorney general\u2019s broad powers included the 117 Inter-American Commission on Human Rights (CIDH). (1993). Country Report, Colombia. 118 CIDH, I.-A. C. o. H. R. (1993). Country Report, Colombia. 119 Article 282 of the Colombian Constitution 120 Article 86 of the Colombian Constitution 121 Article 215 of the Colombian Constitution 64 right to demand information from any authority, without limitation, as long as these demands comply with local laws or the Constitution. The expeditious recourse to the courts, allowed any Colombian citizen the right to seek judicial judgment if he or she felt that one of their fundamental rights had been threatened or violated by actions or omissions of public officials, as well as to force compliance with legal or administrative rulings. The expeditious recourse to the courts enabled people to seek judicial protection or the protection of collective rights and interests. The provision restricting the State\u2019s ability to impose states of exception and limiting their duration, scope and extent, safeguarded the sanctity of fundamental human rights and liberties.122 In addition, the new national charter instituted religious freedom123 and strengthened respect for minorities\u2019 rights including reserved seats in Congress for indigenous and Afro-descendant population.124 Moreover, it established the two-round system for the election of the President, with a runoff to be held between the top two candidates if no candidate receives a majority of the vote in the first round.125 The document also restored the office of Vice-President and defined the election of the Vice- President, by popular vote, on the same ticket as the president.126 In addition, the new Constitution established a constitutional court to determine the constitutionality of laws and treaties; encouraged peace promotion through provisions that facilitated peace negotiations; adopted a new regime for political parties; encouraged popular participation in political life; and reduced the power of the presidency to restore balance between all three branches of government.127 As a result of the new Constitution, 122 Human Rights Watch (HRW). (1992). Human Rights Watch World Report 1992 - Colombia - December 1990-February 1992. 04.htm#P259_96870 123 Article 19 & Article 42 of the Colombian Constitution 124 Article 171, Article 176 & Article 246 of the Colombian Constitution 125 Article 190 of the Colombian Constitution 126 Articles 202-205 of the Colombian Constitution 127 Fox, D., Gall\u00f3n-Giraldo, G., & Stetson, A. (2010). Lessons of the Colombian Constitutional Reform of 1991; Toward the Securing of Peace and Reconciliation? In L. Miller & L. Aucoin (Eds.), Framing the State in Times of Transition (pp. 467-482). 65 the state of emergency, in place for most of the past four decades, was lifted leaving Colombians free of civil liberties restrictions.128 Other important reforms pertained to the Senate and Chamber of Deputies\u2019 elections. Concerning the latter, the number of seats per district was reduced which made it harder to win seats with a limited number of votes, making clientelism less easy to utilize. The new Constitution also transformed the Senate from a body representing regional districts to one elected from a single nationwide 100-seat district. This move disposed of malapportionment rendering Senators more accountable to voters on a national level, and more responsive to voters demands, in particular urban electors who felt less represented in the past. The new regulations disconnected the two houses\u2019 interests which ultimately resulted in greater attention to citizens\u2019 needs.129 Most of the constitutional reforms that were introduced with the Constituent Assembly were anchored in international human rights law. In a bid to enrich the conversations and activate the debates, a number of high profile international non-governmental organizations took part in the deliberations. High officials from Amnesty International and Human Rights Watch shared their concerns about the human rights situation in Colombia and suggested possible solutions to the widespread human rights violations in the country. Some of the most prominent Colombian legal scholars also joined the effort, bringing their extensive knowledge and deep understanding of comparative legal systems number of constitutional provisions were inspired from the French and American legal traditions and many others derived from constitutional provisions in Brazil, Spain, Portugal, and Scandinavia.130 128 Human Rights Watch (HRW). (1992). Human Rights Watch World Report 1992 - Colombia - December 1990-February 1992. 04.htm#P259_96870 129 Nielson, D., & Shugart Soberg, M. (1999). Constitutional change in Colombia: Policy adjustment through institutional reform. Comparative Political Studies, 32(3), 313-341. 130 Fox, D., Gall\u00f3n-Giraldo, G., & Stetson, A. (2010). Lessons of the Colombian Constitutional Reform of 1991; Toward the Securing of Peace and Reconciliation? In L. Miller & L. Aucoin (Eds.), Framing the State in Times of Transition (pp. 467-482). 66 M-19 As members of government and congressmen, the M-19 officials strived to improve social welfare and promote social equity. Holding the Ministry of Health between 1990 and 1992, Camilo Gonz\u00e1lez Posso131 sought to democratize the Colombian health system. Using principles that were embodied in the revised Constitution, Gonz\u00e1lez Posso designed policies that conformed with the concepts of universality, equality, and solidarity. The M-19 Minister proposed a publicly financed universal decentralized insurance system, and recommended the strengthening of public hospitals networks, and of the primary health care system.132 According to Posso, the ministry put in place the foundations needed to achieve the goal of \u2018Health for all before the year 2000\u2019. In a 1992 interview, Posso summarized his achievements as follows: the improvement of the quality and distribution of water to benefit mostly disadvantaged areas; the advancement of children\u2019s health through improving child nutrition and access to vaccination; the introduction of an expanded immunization program (Programa Ampliado de Inmunizaci\u00f3n); the institution of a gender component in the health sector, and the creation of the Woman\u2019s Health Rights (Derechos de la Salud de la Mujer) aimed at ensuring that the newly created gender sensitive policy is institutionalized.133 As Senator of the Republic, Senator Bernardo Guti\u00e9rrez Zuluaga strove to promote gender equality.134 Guti\u00e9rrez Zuluaga suggested the development of legal instruments that would enhance women\u2019s role and their participation in society. In particular, he advocated for a National Plan for Women Participation (El Plan Nacional para la Participaci\u00f3n de la Mujer), 131 Camilo Gonz\u00e1lez Posso was appointed Minister of Health under Cesar Gaviria's government as part of a National Unity Government. Posso served in the Ministry from October 1990 until July 1992 132 Vega Vargas, M., Eslava Casta\u00f1eda, J. C., Arrubla S\u00e1nchez, D., & Hern\u00e1ndez \u00c1lvarez, M. (2012). La reforma sanitaria en Colombia a finales del siglo XX: La aproximaci\u00f3n hist\u00f3rica desde el an\u00e1lisis sociopol\u00edtico. 133 Gonz\u00e1lez Posso, C. (1992). La Salud: Un Programa Social a Largo Plazo [Interview]. 134 Guti\u00e9rrez Zuluaga was one of the elite leaders of the Popular Liberation Army (EPL) and became a Colombian senator for the Alianza Democr\u00e1tica M-19 in the period following the enactment of the new Constitution. 67 an initiative aimed at building the capacity of women and complying with the Constitution\u2019s articles that pertain to the promotion of women\u2019s rights.135 As a political party, the M-19 adopted a language of peace, promoting dialogue and non- violent solutions letter sent to President Gaviria in November 1992 well exemplifies the party\u2019s postwar position towards armed conflict expressing concern about the increase in guerrilla violence and the government\u2019s virulent response to the developments. In the letter, the directorate of the party asked that the government reconsiders its decision to retaliate with a full-fledged war. The plea was communicated in the following words: \u201cSome of us, promotors of the Alianza Democr\u00e1tica M-19, were \u2018war people\u2019 and we know its horrors. Now we are \u2018peace people\u2019 without deceit or ambiguity\u201d.136 The party also issued a number of documents detailing its vision of an improved Colombia with reduced inequalities and improved standards of living. In its Grand Proposals for a Leading Colombia (Grandes Prop\u00f3sitos para Colombia L\u00edder), the party expressed its opposition to populistic policies, countering practices that justified the persistence inequalities, and rejecting the false pretenses of redistribution of income. The party also took a clear stance against populism stating that it \u201cpromised the impossible and redistributed stagnation, lies, and delay.\u201d137 The M-19\u2019s contributions in furthering democracy in Colombia are often overlooked as scholars evaluate the performance of the party. Having ceased to exist just four years after its inception, the party is often evaluated in reference to its ability to consolidate and sustain itself as an alternative force in Colombian politics. According to former M-19 adviser to the Constituent Assembly Armando Novoa, this ephemeral movement\u2019s real value should be evaluated, not as a political institution but rather as a political phenomenon. To the 135 Guti\u00e9rrez Zuluaga, B. (1992). Plan Nacion\u00e1l de Participaci\u00f3n de la Mujer. Revista 2010, February. 136 Political Office of the M-19. (1992). Correspondance shared with the author. 137 M-19 Archives. Grandes Prop\u00f3sitos para una Colombia L\u00edder. 68 magistrate, despite being short-lived, the party\u2019s life span accomplishments are huge. Novoa compared the achievements of the M-19 to those of another transient party, the Union de Centro Democr\u00e1tico [Union of the Democratic Centre], a Spanish party founded by Adolfo Su\u00e1rez during the Spanish transition. Novoa explained that when the Franco regime fell and a new constitution was issued, a centrist party led by Su\u00e1rez facilitated the transition between monarchy and democracy. Once that mission was accomplished, the cycle was closed, and the party ceased to exist. Similar to the Union de Centro Democr\u00e1tico, the M- 19\u2019s mission was to stimulate the development of a new era. He explained, \u201cThe question is: do we consider as a failure a party that emerges in a process of transition, and acts as a guarantor of a seamless transition from arms to political life? No, because the M-19 allowed us to go through this process. The fate of the M-19 was not to become an enduring political force but rather to facilitate the confluence of several factors that contributed to this transition.\u201d Comparing the party to great people who achieve great things and then cease to exist, Novoa argued that even when these interim instances disappear, their legacy lives on. As he remarked, \u201cIf you ask leaders such as Antonio Navarro or Gustavo Petro if they believe that this experience was a failure they would disagree, because both are political heirs of the M-19 and are important Colombian political figures.\u201d138 Along the same line, Camilo Gonzalez Posso maintained that the movement\u2019s main purpose was to give birth to a new type of political expressions. Mutating into a succession of left-leaning political entities such the Polo Democr\u00e1tico Alternativo and the Partido Verde, the M-19 he contended \u201cwas more like a promise for a better future than an immediate reward or an institution destined to survive over the years.\u201d139 Novoa recounted that the laying down of the M-19 weapons created a momentum that, along with the student-led Septima Papeleta [seventh ballot],140 138 Novoa, A. (2018a). Author's interview with Armando Novoa [Interview]. 139 Gonz\u00e1lez Posso, C. (2018). Author's interview with Camilo Gonzales Posso [Interview]. 140 The Seventh Ballot refers to an additional vote to six others that took place in December 1990. The six ballots intended to vote for senators, representatives to the house, mayors, deputies, governors and councilors. The seventh called for the formation of a National Constituent Assembly to modify the Constitution of Colombia. 69 set in motion the process of a fundamental change in the history of Colombia. As he would note, \u201cFrom a political point of view, the real force that led to the Constituent Assembly was not only the lack of credibility in the institutions but also the evolution of that new political force.\u201d141 Resolutely involved in the drafting of the new Constitution and in the campaign that led to it, the recently disarmed M-19 had earnestly engaged in a historic undertaking that forever changed the political disposition of Colombia. Putting this accomplishment in a wider historical context, former member of the Constituent Assembly Rosemberg Pabon reckoned that the existence of the M-19 is yet another milestone in Colombian history. To Pabon, Colombian history was produced by a series of milestones, each of which had helped the country slowly advance towards improved representation. To the former party leader, oftentimes, seemingly insignificant historical events quietly contribute to big and important changes. These events represent developments that push the boundaries of the possible and culminate in a big change that owes its occurrence to those important episodes. In Pabon\u2019s words, \u201cMen make history without being aware of it, the issue is not what is raised today, the issue is that today an idea is created and starts making its way until people adopt it.\u201d142 previous milestone he contends, was the 1957 Sitges and Benidrom agreement, securing a shared power between the liberal and conservative parties. Pabon believes that the 1957 agreement had set the stage for resolving disputes through peaceful means. The next important milestone he observed was the political process of the 1990s as it paved the way for the subsequent peace agreement signed in Havana 25 years later with the guerrilla. To Pabon, this latter negotiation would have been unthinkable if it weren\u2019t for the changes that occurred in the 1990s.143 Along the same lines, former M-19 leader Antonio Navarro contended that the party\u2019s achievements constituted an important foundation stone in the country\u2019s modern history. Commenting on the party\u2019s role within the Constituent Assembly he remarked, \u201cWe were pivotal in the establishment of the Constituent Assembly and our contribution was 141 Novoa, A. (2018a). Author's interview with Armando Novoa [Interview]. 142 Pabon, R. (2018). Author's interview with Rosemberg Pabon [Interview]. 143 Ibid. 70 fundamental for the content of the Constitution. The Assembly was a very important step of institutional reorganization that continues to be defended up until today.\u201d144 The political roots of Sinn F\u00e9in go back to the Irish Independent Movement, brought forward by the founders of Irish Republicanism, the United Irishmen. Led by Theobald Wolfe Tone, the United Irishmen were inspired by the American Independence War and the democratic principles of the French Revolution in the 1790s.145 Firmly convinced that British presence in Ireland fostered and reinforced discrimination and inequality, the Society of United Irishmen was formed in 1791 to achieve parliamentary reform and Catholic emancipation.146 Committed to those same ideals, Sinn F\u00e9in was founded in 1905 by Dublin-born journalist Arthur Griffith who, in 1899 established the first separatist newspaper in Ireland, the United Irishman. Through his writings, Griffith shaped and influenced the views of many individuals and organizations who, in the early 20th century yearned for home rule and separation from Britain.147 The group\u2019s firm belief that Ireland\u2019s predicament lied in the hands of Irish people inspired the organization\u2019s name translating to \u201cOurselves Alone.\u201d148 Convinced that British military power was invincible, Griffith opposed armed rebellion and advocated for passive resistance as the way to achieve home rule. Inspired by the example of Hungary that had achieved a dual monarchy with Austria in 1867, Griffith called for a similar approach advocating for the creation of a separate kingdom alongside Great Britain with a shared 144 Navarro, A. (2018). Author's interview with Antonio Navarro [Interview]. 145 Sinn Fein. (1996). Building a Permanent Peace in Ireland 146 Curtin, N. (1985). The transformation of the Society of United Irishmen into a Mass-Based Revolutionary Organization, 1794-6. Irish Historical Studies, 24(96), 463-492. 147 Veldeman, M.-C. (2007). The Easter Rising 1916: a Minor Incident of Major Importance in Modern Irish History. Equivalences, 34(2). 148 Cavendish, R. (2005). The Foundation of Sinn F\u00e9in. History Today, 55(11). 71 monarch but separate governments. Griffith\u2019s non-violent approach was soon countered by more radical factions who saw no other solution to Ireland\u2019s predicaments than armed insurrection. In the spring of 1916, the Irish Republican Brotherhood (IRB), a more belligerent nationalist force planned an insurrection in the city of Dublin, with the hope of setting off a massive popular uprising in favor of an independent Ireland. The rebellion was brutally put off by the British army, resulting in 450 dead and 2,500 injured.149 Moreover, in the following days, British authorities ordered the execution of fifteen men seen as the leaders of the rebellion and the incarceration of a hundred more.150 The brutal British repression provoked outrage and indignation amongst the Irish population who, while initially reluctant to support the insurrection, grew much less supportive of non-passive rebellion. The Easter Rising as it came to be known, would mark the beginning of a sustained campaign of violence against British rule in Ireland.151 Even though Griffith had steered clear of the rising, the British authorities blamed the trouble on Sinn F\u00e9in and labelled it as such. Sinn F\u00e9in became the general term by which the British would make reference to all Irish nationalists. Eventually, the misnomer would bring together different political traditions and the majority of Irish republicans would unite under that same banner making Sinn F\u00e9in the largest political force in Ireland.152 The resentment and frustration that were triggered by the Easter Rising led extreme elements amongst Irish nationalists to wage an undeclared sustained war against the British forces in Ireland. Initially disapproved by Sinn F\u00e9in, the military actions of the Volunteers (which would later be known as the IRA) were eventually accepted by the movement who would officially acknowledge the as its armed wing.153 In the aftermath of the Easter Rising, Sinn F\u00e9in\u2019s adherence to the cause of self-determination and full independence from Britain would become the party\u2019s primary objective. 149 Veldeman, M.-C. (2007). The Easter Rising 1916: a Minor Incident of Major Importance in Modern Irish History. Equivalences, 34(2). 150 Maillot, A. s. (2005). The new Sinn F\u00e9in : Irish republicanism in the twenty-first century. Routledge. 151 Veldeman, M.-C. (2007). The Easter Rising 1916: a Minor Incident of Major Importance in Modern Irish History. Equivalences, 34(2). 152 Connell J.R., J. E. A. (2011). Arthur Griffith and the Development of Sinn F\u00e9in Contemporary History Book Reviews, 19(4). 153 Veldeman, M.-C. (2007). The Easter Rising 1916: a Minor Incident of Major Importance in Modern Irish History. Equivalences, 34(2). 72 Abstentionism (the refusal of elected candidates to take their seats in parliament) and armed resistance were the two main strategies used to achieve this goal. Winning 73 out of the 105 Irish seats in the 1918 British parliamentary elections, Sinn F\u00e9in\u2019s newly elected representatives formed the first parliament of an Irish republic, the D\u00e1il \u00c9ireann, setting up a provisional government to rival Ireland\u2019s British administration.154 In 1921, using the threat of Unionist intransigeance, British conservative Prime Minister Lloyd George was able to persuade the Irish to make concessions that would lead to a constitutional settlement that gave partial autonomy to the twenty-six counties, known as the Irish Free State.155 While the treaty didn\u2019t give Ireland full independence, Irish negotiators, including Michael Collins (a leading figure in the Irish Volunteers) considered it as a stepping stone towards full independence. But the reaction to the newly created State wasn\u2019t unanimous. Many within the Sinn F\u00e9in party, staunchly opposed the treaty, seeing it as a betrayal of republican aspirations. These divisions culminated in a bloody war that resulted in the defeat of the anti- treaty forces and the assassination of Michael Collins. Sinn F\u00e9in\u2019s military defeat set in motion the party\u2019s gradual decline in forthcoming years. This backslide was precipitated by De Valera\u2019s resignation as Sinn F\u00e9in leader and his founding of his own party, the Fianna F\u00e1il. Over the next few decades, Sinn F\u00e9in witnessed more divisions over the manner to obtain reforms and its positions towards abstentionism.156 The 1960s witnessed a significant change in direction and ideology. Relegating the armed struggle to the background, the official wing of the party and the embraced Marxism-Leninism and favored the parliamentary route, making social inequality the central fact of their struggle. But in the 1970s, as the Protestant-dominated proved unable to protect peaceful protesters, the Provisional emerged as a necessary armed division, tasked to protect republicans from militant Unionists who constantly attacked Catholic areas with impunity.157 154 Maillot, A. s. (2005). The new Sinn F\u00e9in : Irish republicanism in the twenty-first century. Routledge. 155 Fair, J. (1972). The Anglo-Irish Treaty of 1921: Unionist Aspects of the Peace. Journal of British Studies, 12(1), 132-149. 156 Maillot, A. s. (2005). The new Sinn F\u00e9in : Irish republicanism in the twenty-first century. Routledge. 157 Wilkinson, P. (1982). The Provisional IRA: An Assessment in the Wake of the 1981 Hunger Strike. Government and Opposition, 17(2), 140-156. 73 Convinced that the armed struggle was the most effective way to abolish partition, the Provisional settled on a plan to modernize and improve the capabilities of its paramilitary organization making it more organized and more efficient. Complementing the activities of the paramilitary organization, the Provisional Sinn F\u00e9in served as a link between the clandestine and the communities where it recruited its volunteers. The Provisional Sinn F\u00e9in also participated in elections with the explicit purpose of sending messages of disobedience and sabotaging the system. As the military defeat of the started to seem more unlikely, the British changed strategies, introducing policies that exerted pressure on partisans, but those methods proved equally as counterproductive. The introduction of internment without trial in 1971 was met with anger and exasperation, and the Bloody Sunday events when British paratroopers fired on peaceful protesters created animosity and further increased resentment towards the British authorities.158 The situation took a turn to the worse when the Wilson government in London decided to withdraw the special category status that republican and loyalist prisoners had been granted in 1972. The Northern Irish prisoners who were convicted of politically motivated crimes had been given a special status that had enabled them to self-organize on a communal basis. When the British authorities realized that this arrangement was radicalizing the movement from within prison walls, they transferred them to a new administration area where they would have to wear prison uniforms and perform prison work. The prisoners\u2019 passive protest to this decision gradually escalated and culminated in a hunger strike that turned into a movement that would draw massive global support, and lead to the death of ten prisoners.159 One of the prisoners that had paid with their lives, Bobby Sands, became a symbol of martyrdom and sacrifice. Sands who had been elected to Westminster for the constituency of Fermanagh-South Tyrone a month prior to his passing, came to represent the plight of the 158 Maillot, A. s. (2005). The new Sinn F\u00e9in : Irish republicanism in the twenty-first century. Routledge. 159 O'Hearn, D. (2017). Movement Inside and Outside of Prison, The H-Block Protest. In L. Bosi & G. De Fazio (Eds.), The Troubles in Northern Ireland and Theories of Social Movements (pp. 11-32). Amsterdam University Press. 74 working-class, a theme that suddenly started to resonate in the Republican community. The introduction of the working-class element in the Sinn F\u00e9in ideology and discourse marked a turning point in the organization\u2019s platform as from 1981 on, Sinn F\u00e9in started refining its political discourse, broadening its policy to encompass broader issues than just national independence. With this new approach, the organization\u2019s appeal started having ripple effects across the island, mobilizing public opinion in both parts of Ireland especially on the issue of prisoners\u2019 rights. The hunger strikes also resulted in what would be known as the \u201cArmalite and Ballot box\u201d strategy, the new stratagem whereby Sinn F\u00e9in would fight electoral and armed battles simultaneously. While the new approach yielded electoral benefits in the North, the Republic voters showed less enthusiasm to the party\u2019s discourse of oppression. The 1982 electoral results, revived the debate around abstentionism for the D\u00e1il and before long, this long held policy was abandoned with the tacit approval of the IRA.160 In 1985, the Thatcher government and the Irish Republic signed the Anglo-Irish agreement, a treaty that attempted to bring an end to the troubles, but the document was rejected in Unionist and Republican circles alike. Other attempts to quash the Republican fervor such as using informants\u2019 testimonies to jail members, or undercover operations and summary executions of suspected members, were at best ineffective. In 1986, the British government banned the broadcast of interviews of representatives of Sinn F\u00e9in and their supporters, escalating the tensions and intensifying operations.161 While explicit efforts were exerted at various levels to suppress the insurgency, a long bargaining process between the British State and the Provisionals had been tacitly taking place since the early 1970s. This private connection included intermittent secret talks that lasted for many years, but for propaganda purposes, key elements of this relationship were obscured as deliberate back-channel discussions were ongoing.162 In 1988, as the prospects 160 Maillot, A. s. (2005). The new Sinn F\u00e9in : Irish republicanism in the twenty-first century. Routledge. 161 Ibid. 162 \u00d3 Dochartaigh, N. (2015). The Longest Negotiation: British Policy Strategy and the Making of the Northern Ireland Peace Settlement. Political Studies, 63(1), 202-220. 75 for peace appeared highly improbable, another set of secret talks were initiated between Sinn F\u00e9in and (Sinn F\u00e9in\u2019s rival nationalist party) leaders, Gerry Adams and John Hume. The talks between the two representatives continued for months and surfaced in 1993 when the two leaders published the summary of the principles they had agreed on. The publication of the document marked a breakthrough in the history of the Irish conflict as British Prime Minister John Major and the Irish Taoiseach (Prime Minister) Albert Reynolds made a joint declaration that would set the stage for the process that would lead to formal peace talks.163 In 1997, the British Labour Party\u2019s electoral victory facilitated the start of official peace negotiations. The 1998 Belfast agreement that ensued effectively brought an end to the troubles and established a cross-community roadmap for peace. The Good Friday agreement as it was commonly known, also dealt with the constitution, the political institutions, equality and human rights, the issue of arms, the victims of the conflict, the release of the political prisoners, policing and justice. In July 2005, the leadership officially announced its intentions to end the armed conflict and asked its members to help facilitate the transition towards a new era where those very same battles would be fought for in a peaceful manner.164 Sinn F\u00e9in is currently the largest party in both the Republic of Ireland the Northern Irish Assemblies. Over the past two decades, Sinn F\u00e9in achieved many gains, most notable of which were: paving the way towards the reunification of the island; and rising to become the most popular party, both in the North -within the nationalist community- and in the Republic of Ireland.165 The party\u2019s political strategy reaped electoral benefits. Despite a fast-growing bloc of non- aligned voters, Sinn F\u00e9in\u2019s popularity in the North of Ireland remained unquestionable166 163 Maillot, A. s. (2005). The new Sinn F\u00e9in : Irish republicanism in the twenty-first century. Routledge. 164 Br\u00fan, B. d. (2008). The road to peace in Ireland 165 O'Connor, R. (2020). Sinn F\u00e9in officially Ireland's most popular party following massive surge in support. The Irish Post. 166 Walsh, S. (2017). Author's interview with Seanna Walsh [Interview]. 76 while the party\u2019s standing in the Republic accomplished a quantum leap in the February 2020 general elections.167 Sinn F\u00e9in was able to meet the demands of its supporters and crystallize their political aspirations thanks to a dynamic constituency service and an army of political activists who constantly operate on behalf of the constituents. Providing a broad range of social services that ensure the wellbeing of its constituency, the party supported legislation that responds to the needs of the community it represents,168 while enlarging its constituency by tapping into often neglected areas.169 In the North of Ireland, the party succeeded in attracting previous non-voters, appealing to a wider section of the nationalist community.170 In the South, targeting young voters and a disadvantaged population that had grown increasingly frustrated by a widening economic gap, Sinn F\u00e9in capitalized on lack of affordable housing and the government\u2019s failure to provide proper healthcare.171 To the surprise of many, the February 2020 general elections in the Republic of Ireland proclaimed Sinn F\u00e9in as the country\u2019s biggest winner and made it, for the first time, the most popular party in the Republic.172 With Catholics outnumbering protestants in Northern Ireland since 2021,173 a referendum resulting in a reunification of the island seems within reach more than at any other time in history. Despite recent reporting of a dwindling correlation between sectarianism and national identity,174 Sinn F\u00e9in estimates that the idea of a United Ireland is swiftly gaining ground. Confident that reunification has become inevitable, former Lord Mayor of the city of Dublin posited that the Irish government should start making preparations for a transition 167 Leahy, P. (2020). Sinn F\u00e9in leads way in Irish Times/Ipsos poll with highest support ever Irish Times. 168 Gibney, J. (2019). Author's interview with Jim Gibney [Interview]. 169 MacDonncha, M. (2019). Author's interview with Miche\u00e1l Mac Donncha [Interview]. 170 Mitchell, P. L. c. i. W. (2001). Transcending and Ethnic Party System: The impacts of consociational governance on electoral dynamics and the party system. 171 Beesley, A. (2020). What is driving Sinn Fein's electoral surge in Ireland? . Financial Times. 172 The Guardian. (2020). Sinn F\u00e9in declares victory in Irish General Election. The Guardian. election 173 NISRA. (2022). Census 2021 main statistics for Northern Ireland. 174 Morrow, D. (2019). Sectarianism in Northern Ireland Review 77 from a partitioned Ireland to a United one. He reported, \u201cWe called the Irish government to plan for Irish unity, to establish forums, and bring people together\u2026 we feel it needs to be done very quickly.\u201d175 The prospects of a United Ireland were also recently revived by the withdrawal of the U.K. from the E.U. (BREXIT) and the ensuing Irish backstop controversy, an argument that raised the question of partition of the Island in a way that was unprecedented.176 According to Mac Donncha, the issue of remaining or not in the E.U. has unleashed cleavages within the Unionist Community, with many unionists starting to entertain the idea of a United Ireland. Explaining the matter, Mac Donncha argued that any alternative to reunification could have disastrous consequences on the Irish economy, an economy that is inherently integrated throughout the island. He explained, \u201cYou have a situation at the border where milk might cross the border twice or three times between milking, processing and sale. It\u2019s extremely interlinked, so the idea that you can somehow have customs and barriers is hugely problematic.\u201d177 Shifting demographics and the forces unleashed by the Brexit controversy suggest that the prospect of a referendum is not as unlikely as it once was In addition to burying the hatchet and establishing mechanisms for power-sharing and cross-border cooperation, the Good Friday agreement brought important changes on the whole island. While mostly credited to the Ulster Unionist Party (UUP), led by David Trimble and the Social Democratic and Labour Party (SDLP), led by John Hume, Sinn F\u00e9in\u2019s role in the talks that led to the peace accords cannot be ignored. As early as 1988, Gerry Adams declared his willingness to \u2018examine ways in which conditions for peace could be established\u2019 and unveiled that a number of secret encounters seeking solutions had already taken place.178 In 1993, after a series of meetings between Adams and Humes, a joint statement was published declaring both parties\u2019 willingness to reach \u2018an agreement on a peaceful and democratic 175 MacDonncha, M. (2019). Author's interview with Miche\u00e1l Mac Donncha [Interview]. 176 Gibney, J. (2019). Author's interview with Jim Gibney [Interview]. 177 MacDonncha, M. (2019). Author's interview with Miche\u00e1l Mac Donncha [Interview]. 178 Adams, G. (1988). Why talked to John: By Gerry. Fortnight, 6-7. 78 accord\u2019.179 Signed in 1998, the document is believed to have paved the way to the Belfast agreement. The Belfast agreement provided for a mechanism by which the Irish people would be able to decide on the fate of a united Ireland and provided for the creation of democratic institutions in Northern Ireland safeguarding the rights and interests of all sections of the population special section was dedicated to human rights, reinforcing the British and Irish islands\u2019 human rights legislative framework. In its section entitled \u2018Rights, safeguards, and Equality of Opportunity\u2019 the accord called for the British government to incorporate the European Convention on Human Rights (ECHR) into Northern Ireland law. Among other initiatives, the agreement called for the establishment of a Northern Ireland Human Rights Commission, an Equality Commission, an Equal Opportunities Commission (NI), a Commission for Racial Equality (NI), and a Disability Council. It also stipulated that the Irish Government would adopt similar measures to strengthen the protection of human rights in the Republic reform of the security, policing and justice systems to ensure effectiveness, fairness and impartiality were also enacted. 180 Since the signing of the Belfast Agreement, Sinn F\u00e9in policies contributed to significant advances in Irish democratic life.181 staunch advocate of the principle of equality, Sinn F\u00e9in explicitly included anti-racist elements in its manifestos,182 and constructed a political program explicitly prioritizing equality around issues of gender, race, and class.183 Sinn F\u00e9in\u2019s gender representation has been exemplary, placing a female member at the helm of the party since 2018, and positioning itself at the forefront of the fight for gender equality 179 Sinn F\u00e9in Website. John Hume/Gerry Adams Statement 23rd April 1993 180 Multi-party&Irish-British. (1998). The Northern Ireland Peace Agreement. 181 Whiting, S. (2016). Mainstream Revolutionaries: Sinn F\u00e9in as a \"Normal\" Political Party? Terrorism and Political Violence, 28(3), 541-560. 182 Doyle, J. (2005). Republican Policies in Practical Politics: Placing Contemporary Sinn F\u00e9in in a European Context. In Institute for British-Irish Studies Working Papers #35. University College Dublin. 183 Ibid. 79 both North and South of the Island.184 The party has also been an advocate for the rights of minorities, carefully distinguishing between its own nationalism from that of anti- immigrant, xenophobic proponents.185 In particular, Sinn F\u00e9in advocated on behalf of the Roma and Travellers, communities that had experienced varying levels of racism and discrimination, both at an individual and institutional level.186 Sinn F\u00e9in and other human rights defenders\u2019 pressure, led the Irish government to publish its Traveller and Roma Inclusion Strategy (2017-2021) in 2017.187 In Northern Ireland, Sinn F\u00e9in\u2019s campaigns in favor of the rights of minorities yielded concrete results and indirectly helped advance the rights the Catholic population in a number of ways. The Unionists\u2019 willingness to introduce legislation that protected the Irish language for example, was greatly influenced by the growth of the non-Irish minorities.188 Also, Sinn F\u00e9in strongly opposed limiting the right to citizenship189 and campaigned for amnesty for asylum seekers already within the country.190 Lastly, the party campaigned vigorously in support of same-sex marriage in the Republic and demanded a similar campaign in Northern Ireland.191 Gender equality and women\u2019s rights have long been part of Sinn F\u00e9in\u2019s fundamental principles. Despite having been modeled on the Irish patriarchal model of society in its early stages, Sinn F\u00e9in gradually took up the issue of gender equality and carried the fight both 184 Whiting, S. (2016). Mainstream Revolutionaries: Sinn F\u00e9in as a \"Normal\" Political Party? Terrorism and Political Violence, 28(3), 541-560. 185 Doyle, J. (2005). Republican Policies in Practical Politics: Placing Contemporary Sinn F\u00e9in in a European Context. In Institute for British-Irish Studies Working Papers #35. University College Dublin. 186 Maillot, A. s. (2005). The new Sinn F\u00e9in : Irish republicanism in the twenty-first century. Routledge. 187 Minority Rights Group International. World Directory of Minorities and Indigenous People, Ireland. 188 \u00d3 Hadhmaill, F. (2022b). Interview with the author [Interview]. 189 Doyle, J. (2005). Republican Policies in Practical Politics: Placing Contemporary Sinn F\u00e9in in a European Context. In Institute for British-Irish Studies Working Papers #35. University College Dublin. 190 SinnF\u00e9in. (2011). Many Voices, One Country: Cherishing all the Children of the Nation Equally; Towards an Anti-Racist Ireland. In Sinn F\u00e9in Policy Review. Sinn F\u00e9in Website. 191 Whiting, S. (2016). Mainstream Revolutionaries: Sinn F\u00e9in as a \"Normal\" Political Party? Terrorism and Political Violence, 28(3), 541-560. 80 within its own organization and on a national level. In the early 1980s Sinn F\u00e9in started embracing more proactively women issues, establishing a women\u2019s department within the party and actively promoting the role of female party members measure of positive discrimination, reserving four seats on the party governing body to women, was introduced in the party constitution at the 2003 Ard Fheis. This measure was added to a system of quotas on women participation that allowed women to be co-opted even it didn\u2019t automatically guarantee them a seat on the Ard Comhairle.192 The election of two women candidates for the 2004 European Elections, as well as the appointment of a female leader in the North represented a great step forward in the battle to put women front and center.193 Finally, the election of Mary Lou McDonald at the helm of Sinn F\u00e9in in 2018 was seen as a ground- breaking move in support of women empowerment and the promotion of gender equality.194 Sinn F\u00e9in has also been an advocate for women issues rights and minorities rights on a national level. The party\u2019s clear stance in favor of abortion in 2001, and its bold efforts to redress gender imbalance shed light on these efforts and placed Sinn F\u00e9in at the forefront of the fight for gender equality on the island.195 In November 2018, Sinn F\u00e9in unveiled its Vision for Women\u2019s Healthcare, a 43-page document that outlined the party vision and ambitions for women\u2019s health care across the Island of Ireland. The document pointed out to Irish women\u2019s under-representation in the political system, their social and emotional vulnerability and the systematic inequalities that they face at all levels of society. Focusing on the provision of an improved women\u2019s health care based on the principles of fairness and equality, the document proposed policies that favor low-income women, improve access to cancer screening, facilitate access to contraception, authorize ethical Assisted Human Reproduction and IVF, improve maternity services, care for women from diverse backgrounds, attend to women\u2019s mental health, develop a school curriculum that is more sensitive to students with disabilities and gay 192 Party leadership or high council. 193 Maillot, A. s. (2005). The new Sinn F\u00e9in : Irish republicanism in the twenty-first century. Routledge. 194 Buckley, F., & Galligan, Y. (2020). The 2020 General Election Gender Analysis. Irish Political Studies, 35(4). 195 Maillot, A. s. (2005). The new Sinn F\u00e9in : Irish republicanism in the twenty-first century. Routledge. 81 students, and protect women from domestic physical, sexual, emotional and financial abuse.196 In December 2020, Sinn F\u00e9in introduced a bill aimed at mitigating the impacts of domestic violence in the workplace. Many studies having reported an increase of domestic violence throughout the pandemic, the bill was proposed to provide for a statutory entitlement to domestic violence paid leave. The legislation would enable victims to take the necessary time to seek support, secure new accommodation, or attend court.197 Also working across the aisle, Sinn F\u00e9in introduced bills such as the Safe Access to Termination of Pregnancy Services Bill, which bans distressing and intimidatory anti-abortion protests directly outside hospitals or other facilities that provide abortion services.198 Over the past few years, Sinn Fein has also introduced a number of consumer protection and anti-discrimination legislations to the Irish Assembly. Those include a bill in favor of householders who are supplied with excess electricity from small scale renewable energy;199 a bill to prohibit discrimination on the basis of someone\u2019s accent or perceived socio- economic background;200 and a legislation to tackle bogus self-employment.201 Ban on Rent Increases Bill was put forward in 2020 to give renters a breathing space by asking for a reduction of rents and introducing an emergency ban on rent increases for three years.202 196 Sinn Fein. (2018 Vision for Women's Health 197 O'Reilly, L. T. (2020). Sinn F\u00e9in bring forward legislation to deliver paid leave for victims of domestic violence. 198 Senator Gavan, P. (2021). Senator Paul Gavan to Introduce Safe Access to Zones Bill to Seanad. 199 SinnF\u00e9in. (2019). Climate Justice and a Just Transition. In Sinn F\u00e9in Discussion Document. 200 Fox, K. (2021). Sinn F\u00e9in to Introduce Legislation to Ban Accent Discrimination at Work discrimination-at-work-1070575.html 201midlands103.com. (2021). Sinn F\u00e9in Proposing Legislation to Tackle Bogus Self-Employment bogus-self-employment/ 202 \u00d3 Broin, E. T. (2021). Eoin \u00d3 Broin publishes Bill to remove affordable housing exemption for Part 82 Sinn F\u00e9in also introduced an Insurance Bill to ban the practice of \u201cdual pricing\u201d and increase transparency in the insurance industry pricing policies.203 In 2020, the party brought forward the Regulation of Lobbying Bill in a bid to improve transparency and accountability in Irish political lobbying. The legislation proposed to increase the \u201ccooling off period for Ministers, Junior Ministers and Special Advisors who move from public office to a lobbying role from one year to two years\u201d. The bill also empowers the Standards in Public Office Commission (SIPO) to authorize an investigation, and take the necessary measures to enforce and sanction breaches of the cooling-off period.204 Sinn F\u00e9in maintained its leftist rhetoric despite sporadic political positions dictated by pragmatic choices. Party policies continued to evolve around greater public investments in education, health and housing and Sinn F\u00e9in remained an ardent supporter of environmental protection and a mouthpiece for rural communities to ensure social inclusion and equality. Free education ranked high on Sinn Fe\u00edn\u2019s priority list. For example, in September 2019, the party introduced a bill to regulate the seeking of the so-called \u201cvoluntary contributions\u201d to ensure equal access to education to all Irish citizens. The bill called for the elimination of the \u201cvoluntary contribution\u201d, a measure that is considered discriminatory since an overwhelming majority of parents are pursued for its payment and a non-payment can lead to their children being deprived of access to extracurricular activities and other services.205 203 Doherty, P. T. (2021). Pearse Doherty calls on government not to delay Sinn F\u00e9in Bill to end the insurance rip-off in D\u00e1il vote today 204 Farrell, M. T. (2020). D\u00e1il to debate Sinn F\u00e9in Bill that seeks to bring enhanced accountability and transparency to political lobbying 205 \u00d3 Laoghaire, D. T. (2019). Sinn F\u00e9in publishes legislation on voluntary contribution 83 In a bid to promote social inclusion and equality, in 2021 Sinn F\u00e9in published a bill that would remove an exemption from the Affordable Housing Act that benefits developers and investors at the expense of disadvantaged communities.206 During that same year, Sinn F\u00e9in Matt Carthy suggested amendments to the Climate Action and Low Carbon Development Bill, a legislation aimed at achieving a climate resilient and climate neutral economy. According to Sinn F\u00e9in, this bill put a heavy burden on rural communities, and vulnerable workers and their families. Despite being accused of populism and environmental hostility,207 Sinn F\u00e9in proposed a number of amendments asking for the adoption of measures that mitigate the negative social and economic consequences that the bill entailed.208 Other introduced legislation such as the one for \u201cparental bereavement leave\u201d, that proposes to give mourning parents a legal right to time off work, have contributed to the promotion of compassion and empathy in the workplace.209 Similarly, during the Covid pandemic, Sinn F\u00e9in campaigned for a fair calculation of redundancy entitlements for workers who have spent time on the Pandemic Unemployment Payment (PUP).210 206 \u00d3 Broin, E. T. (2021). Eoin \u00d3 Broin publishes Bill to remove affordable housing exemption for Part 207 Senator Mc Gahon, J. (2021). Sinn F\u00e9in wants to ban all onshore wind energy In. Fine Gael website. 208 Carthy, M. T. (2021). Sinn F\u00e9in will seek changes to Climate Bill to protect rural communities and the vulnerable 209 Cronin, R., & O'Reilly, L. (2021). Sinn F\u00e9in introduce bill to deliver parental bereavement leave 210 Ward, M. T. (2021). Sinn F\u00e9in introduces bill to ensure fair calculation of workers' redundancy entitlements 84 The Lebanese Forces emerged as an umbrella organization coordinating the activities of several Lebanese Christian militias. The armed resistance came forward as a political and military force aimed at restoring control as the government proved powerless in managing the struggles caused by foreign presence and foreign occupation in Lebanon.211 The Lebanese conflict broke out in 1975 as the Palestinian armed presence in Lebanon divided Lebanon\u2019s political forces between those who welcomed it and those who viewed it as a threat to national sovereignty. The battle of Tall al-Zaatar, a fortified Palestinian enclave in the Christian-dominated area of East Beirut, had highlighted the need for close coordination of operations between Christian militias who saw the presence of the Palestinian forces in the Christian areas as a menace to national security. For the first time, the Christian forces, unable to count on the assistance of the Lebanese army to clear the area, needed to combine efforts to expel Palestinians from Northeastern Beirut. The operation was carried out by six different military groups: Al Kataeb (The Phalangist Party), Al Tantheem (The Organization), Al Numur (The Tigers Militia), Harakat al Shabab Al Lubnani (The Lebanese Youth Movement), Hurras el Arz (The Guardians of the Cedars), Junud al Muchat Wal Madfa\u2019iyya Lijaysh Lubnan (The Infantry and Artillery Soldiers of the Lebanese Army). The Tall al-Zaatar campaign underscored the benefits of joint action but also, highlighted the need for better planning and improved training. The sheer number of casualties and the heavy equipment losses called for better coordination under a unified command structure. Formally established on August 30, 1976 the Joint 211 Website. \ufea3\u0632\u0628 \u0627\ufedf\ufed8\u0648\u0627\u062a \u0627\ufedf\ufee0\ufe91\ufee7\ufe8e\ufee7\ufbfe\ufe94\u060c \ufee3\u0646 \ufee7\ufea3\u0646 . 85 Command Council of the Lebanese Forces brought together all six militias under the leadership of Bashir Gemayel as its first elected commander. After a number of bloody clashes with insubordinate factions, all members of the six initial militias were eventually absorbed into integrated units of the Lebanese forces in August 1980.212 Despite two major attempts to stop the fighting in 1975-76 and in1983-84, the Lebanese conflict dragged on for fifteen years. The structure of the conflict and the warring parties witnessed many changes throughout the war. The disintegration of the Lebanese army in 1976 led to a Syrian invasion, initially welcomed by the Lebanese Forces but later fiercely fought as the 30,000 Syrian troops settled in Lebanese territory with no clear intention to pull back.213 After Palestinian leaders and their forces were forced out of the country in 1982, the young charismatic Lebanese Forces leader Bashir Gemayel, was elected president and assassinated three days after his election. Gemayel\u2019s assassination unleashed a wave of violence and a fight for power within the party. Defeated by Druze fighters in the Chouf mountains in 1983, the Lebanese Forces witnessed years of internal turmoil until, Samir Geagea, a young member who rose through the ranks of the party, crushed dissent and took control of the party in 1986. Following a presidential crisis in 1988, a transitional military government headed by Army Chief, Michel Aoun, was formed. When Aoun declared a War of Liberation against the Syrian occupation in 1989, the Lebanese Forces reluctantly joined the battle, aware of the limited capabilities of the Lebanese Army. Aoun\u2019s attacks resulted in six months of heavy artillery across Beirut and, while causing heavy casualties, did little to push the Syrian troops from the ground.214 The fierce fighting pushed the Arab league to exert great efforts to negotiate an end to the war. After three weeks of intense negotiations in the Saudi city after of Taef, an agreement was signed on October 1, 1989. Unenthusiastically approved by the Lebanese 212 Snider, L. (1984). The Lebanese Forces: Their Origins and Role in Lebanon's Politics. The Middle East Journal, 38(1), 1-33. 213 Deeb, M.-J., & Deeb, M. (1991). Regional Conflict and Regional Solutions: Lebanon. The Annals of the American Academy of Political and Social Science, 518, 82-94. 214 Moumni, N. (2014). The Lebanese Forces. Al Kuwwat al Lubnaaniyya, Nach'at al Mukawamat al Maseehiyya wa Tatawwuraha. Dar Sa'er al Mashrek. 86 Forces, the Taef agreement was aimed at stopping the fighting and restoring a balanced system of governance that appeased all participating parties. The agreement changed the power-sharing formula that had previously favored the Christians, to parity in parliament and all other government institutions. It also enhanced the powers of the Sunni Prime Minister over those of the Christian president and made a vague call for the redeployment of the Syrian forces after a two-year transition period. The peace accords however did not receive the endorsement of the General Aoun who, disgruntled, intensified his fighting against the Syrian troops and announced an elimination war against the Lebanese Forces who, at that point, were refusing to cooperate. The civil war was at last extinguished on October 13, 1990 when the Syrian forces decimated Aoun\u2019s army and forced him into exile. When the fighting came to a halt, all armed militias, with the exception of Hezbollah, demobilized.215 Closely resembling the organizational structure of a regular military force, the Lebanese Forces\u2019 militia was trained in a professional manner, ready to fight difficult battles and confront foreign armies if required. In addition to its armed operations, the Lebanese forces established a network of social services in the territories under its protection. As the government weakened, the Lebanese Forces started providing assistance in areas where the State had become unable to meet citizens\u2019 needs. This state substitution however remained permutable, the militia stepping in to fill the vacuum left by an absent government only when needed. Recognizing the legitimacy of the government, the Lebanese Forces remained very cooperative whenever the government claimed back its authority. In fact, the Lebanese Forces\u2019 goals often overlapped with those of the Lebanese government, in particular when it came to securing the withdrawal of all foreign forces from the Lebanese territory. Occasionally, the militia would provide military support to the national army against the Syrian occupation, reflecting a \u2018positive symbiotic relationship\u2019 between a powerless government and the powerful militia.216 215 Malley, M. (2018). The Lebanese Civil War and the Taif Accord: Conflict and Compromise Engendered by Institutionalized Sectarianism. The History Teacher, 52(1), 121-159. 216 Snider, L. (1984). The Lebanese Forces: Their Origins and Role in Lebanon's Politics. The Middle East Journal, 38(1), 1-33. 87 The Lebanese Forces\u2019 social makeup consisted of mostly middle-class, educated young and middle-aged people. Members included lawyers, engineers, university professors, and students. Young people from both working and middle-class also filled the ranks of the organization. While comprising an overwhelming majority of Maronites, the Lebanese Forces also comprised Greek Catholics, Greek orthodox, Armenian Catholics, Assyrians, as well as a small percentage of Muslim (about 5 to 7 percent). According to Snider, the quality of personnel greatly contributed to the effectiveness of the militia as it included a number of engaged, driven, and educated youth, unlike other contemporaneous Lebanese militias that counted less qualified and enthusiastic inner-city youth.217 The Lebanese conflict was very unique in a number of respects. Primarily, the Lebanese government embodied the entire gamut of political views since most of the militias leaders were actually part of the political system. Moreover, unlike most other cases where peace dialogues would be held between the government and the insurrection, in Lebanon, the negotiation processes included members of the executive and legislative branches of government, many of whom were representatives of armed factions. As the country emerged from the conflict, the Lebanese Forces formed a political party. Founded on September 10 1992, the professed party mission was to safeguard the independence and the sovereignty of Lebanon, and to establish a democracy protecting and guaranteeing the fundamental principles of human rights.218 Barely two years after incorporating, party leader Samir Geagea was accused of perpetrating a church bombing and arrested. The Lebanese government ordered the dissolution of the party and banned it from any activities. Despite being exonerated from the charges, Geagea was imprisoned and tried for crimes committed in the past, serving more than eleven years in prison. Upon his release in 2005, Geagea resumed his political activities as leader of party. Gradually, the party gained back its popularity, emerging as an anti-Syrian nationalist movement, strongly rooted in the Christian community.219 As a political actor, the Lebanese Forces party sought to transform 217 Ibid. 218 Website. \ufea3\u0632\u0628 \u0627\ufedf\ufed8\u0648\u0627\u062a \u0627\ufedf\ufee0\ufe91\ufee7\ufe8e\ufee7\ufbfe\ufe94\u060c \ufee3\u0646 \ufee7\ufea3\u0646 . 219 Anid, N. (2014). L'homme de c\u00e8dre : les trois vies de Samir Geagea. Calmann-Le\u0301vy. 88 itself into a modern, democratic institution, committed to the promotion of national sovereignty, human rights, judicial independence, and transparency The Lebanese Forces\u2019 political journey was to say the least remarkable. Over the course of two election cycles, the party rose from a banned entity to doubling the size of its parliament presence in 2018, and adding an additional six seats in the 2022 parliamentary elections. In addition to extending its geographic reach to new areas, the party started attracting an important number of independents voters.220 Furthermore, the party managed to transform its image from an armed resistance associated with a violent past, to an organized and well- established political actor, actively contributing to the country\u2019s democratic life. Recognizing the need to regain public trust and demonstrate its commitment to putting the country\u2019s interests first, the Lebanese Forces worked across the aisle to engage in dialogues and find common ground with different political players. In addition to becoming an essential component of the Lebanese political landscape, the Lebanese Forces asserted a presence on the international stage, gaining recognition in the regional and international political arenas.221 The Lebanese Forces also positioned itself at the forefront of the fight against corruption, and as the greatest opponent of the bearing of arms of its archnemesis, the Hezbollah party.222 Fully embracing the fundamental principles of democracy members of parliaments worked with civil society to shape the national agenda in favor of human, women, and children\u2019s rights also sought to promote transparency, and adopted a language of reconciliation and national unity. 220 Atallah, S., & Zoughaib, S. (2019 Snapshot of Parliamentary Election Results. 221 Raji, W. (2019). Author's interview with Wissam Raji [Interview]. 222 Jabbour, C. (2019). Author's interview with Charles Jabbour [Interview]. 89 In compliance with international conventions, in particular the resolution urging States to safeguard the rights of those facing capital punishment and to progressively limit its application and the number of crimes punishable by death,223 in 2012 the Lebanese Forces submitted a draft law to abolish death penalty in Lebanon.224 Suggesting to replace death penalty with either life imprisonment or life imprisonment with hard labor, the Lebanese Forces bill was also aimed at addressing major concerns related to the lack of due process in the judicial system. Forced confessions under torture or other forms of duress are not uncommon in Lebanese and especially military courts, and often lead to arbitrary sentences. Although not the first attempt at abolishing death penalty225 the initiative was a testimony to the party\u2019s commitment to abide by international standards.226 Within the party, the Lebanese Forces created a special department intended for activating the role of women and made some efforts to put women at the fore. The party leading female members included, a party Secretary General, a Minister, and a Member of Parliament. Other high-ranking members comprise the heads of: the social affairs department, the department to activate the role of women within the party, the public policy department, the international secretary (tasked with coordination with other parties in Europe), the human resources department, the legal department, and the media office. At the national level, the Lebanese Forces proactively lobbied to promote gender equality and support women empowerment. The party was able to celebrate a victory when in August 2011, the Lebanese parliament repealed article 562 of the criminal code, a law mitigating the 223 Source of description of international standards website, Death Penalty, The International Framework 224 The draft legislation was submitted by Elie Kairouz on February 6, 2012 225 Human Rights Watch (HRW). (2017). Lebanon: Don't Resume Executions 226 In 2008, justice minister Ibrahim Najjar had submitted to the Council of Ministers a similar draft law 90 sentence of perpetrators of \u201chonor crimes.\u201d The Lebanese Forces had campaigned for the annulment of this article, presenting a draft bill in 2010.227 Despite the infrequent occurrence of honor crimes in Lebanon, parliament\u2019s abolishment of the article marked a great win in the national fight for women\u2019s rights.228 Yet another article of the criminal code, article 252, still allowed for sentence mitigation for crimes committed against women, often used by judges to shorten sentences. In 2018 proposed a law aimed at toughening penalties on crimes of killing, wounding, injuring or beating women.229 The Lebanese Forces also campaigned against another archaic law that exonerates a perpetrator of sexual offence who married his victim if the circumstances fell under certain articles of the penal code. In July 2016, the party presented parliament with a proposal aimed at abolishing the inhuman exoneration by marriage law. The Lebanese Forces also submitted many other important draft bills aimed at improving women\u2019s conditions including a proposal to increase penalties for the murdering, wounding, abusing and beating of wives and women. In keeping with the Lebanese Constitution, and in compliance with the and the ICCPR, the aforementioned proposal aimed at protecting women from all kinds of violence and preserving their physical and psychological integrity. In a similar vein, the party put forward a proposal to amend articles of the Lebanese Penal Code relating to crimes of marital rape considering it an assault on human rights, women dignity and physical integrity. The Lebanese Forces also campaigned to end discrimination between men and women especially in relation to the offense of adultery through a draft bill aimed at amending articles of the Lebanese Penal Code to achieve equality in defining the aforementioned offense.230 In support of the rights stipulated in a number of international conventions and agreements ratified by the Lebanese government, the Lebanese Forces engaged in a battle to protect 227 Archives. (2021 Parliamentary Bloc Draft Proposals, documents shared with the author. In. 228 Human Rights Watch (HRW). (2011). Lebanon: Law Reform Targets \"Honor\" Crimes. In. Human Rights Watch Website. 229 Archives. (2021 Parliamentary Bloc Draft Proposals, documents shared with the author. In. 230 Ibid. 91 children\u2019s rights. The party put forward several draft bills including one that sets a minimum age for marriage. The national legal system making no mention of a minimum age of marriage, it is not uncommon for Lebanese girls to marry under the age of 18, regardless of the religious affiliation.231 In 2020, in compliance with international human rights conventions and in particular article 2 of CEDAW, the Lebanese forces submitted a draft law preventing child marriage. The bill was presented in collaboration with civil society (the Lebanese Democratic Women's Gathering).232 Another form of child abuse in Lebanon is embedded in article 186 of the Lebanese Penal Code which allows some types of corporal punishments as accepted by general custom.233 In May 2016, referring to the State\u2019s ratification of international covenants protecting the rights of children and in particular the CRC, the Lebanese Forces submitted a draft proposal to amend this law to comply with the international treaties\u2019 obligations.234 The Lebanese Forces were also concerned with promoting an independent judiciary and with fighting corruption. Lebanon\u2019s judiciary being highly influenced by the government,235 the party drafted a bill aimed at making the High Judicial Council less vulnerable to \u201cimproper\u201d political influence (ICJ, 2017).236 In September 2018 George Okais, along with other parliamentarians, presented a bill to promote judicial independence and transparency. The proposal received a favorable response from the government who, in September 2019, assigned the Ministry of Justice to draft a related bill. In 2019 MPs also 231 United Nations Development Program (UNDP). (2018). Lebanon Gender Justice and the Law. 232 The draft law was presented by MPs Georges Okais and Antoine Habchi on November 7, 2019 233 Act for Human Rights (ALEF), Lebanese Center for Human Rights (CLDH), (AJEM), A. f. J. a. M., Proud Lebanon, & Restart Center for Rehabilitation of Victims of Violence and Torture. (2020). Submission to the Universal Periodic Review Thirty-seventh session of the Working Group of the Human Rights Council. Detention_Final.pdf 234 Archives. (2021 Parliamentary Bloc Draft Proposals, documents shared with the author. In. 235 The Minister of Justice having the power to appoint eight of the Council\u2019s ten members and given the authority to set the budget of the judiciary as a whole. 236 International Commission of Jurists (ICJ). (2017). Lebanon: The Calls for Extensive Reforms to Strengthen Judicial Independence and Accountability Website. 92 submitted a draft law aimed at combating corruption in the private sector and another one related to the right to access information.237 Another bill presented in 2020, and subsequently ratified, demanded the lifting of banking secrecy to facilitate a forensic audit of the country's central bank, a key condition for stalled foreign aid.238 When the economic crisis battered Lebanon in 2019, the Lebanese Forces advocated on behalf of the impoverished population, hard hit by one of the worst economic collapses in the country\u2019s history. The Lebanese Forces strived to create legislation that would reduce the burden of living costs that were increasing at an alarming rate. Amongst the legislations presented were a draft law aimed at compelling the government to contribute funds to children education239 and a demand of tax exemption on basic food products and other services and commodities such as transportation, pharmaceutical products, and stationaries.240 In addition, in the aftermath of the 2020 Beirut port explosion, the party asked for the establishment of a government body tasked with the management of crisis, emergencies and disasters.241 More recently, in March 2021, Lebanese Forces Antoine Habchi requested the amendment of articles 358 and 395 of the customs law, making the legislation more rigorous with the goal of impeding smuggling, a practice that was believed to cause enormous damage to the national economy.242 237 Archives. (2021 Parliamentary Bloc Draft Proposals, documents shared with the author. In. 238 Okais, G. (2021). Author's interview with Georges Okais Member of Parliament [Interview]. 239 legislation asked for the amendment of article 87 of law No.144, asking the government to contribute an amount equal to the double of minimum salary. The draft was presented by Antoine Habchi on November 11, 2020. 240 The draft legislation was presented by Georges Okais on November 16, 2020. 241 Archives. (2021 Parliamentary Bloc Draft Proposals, documents shared with the author. In. The draft legislation was presented by Georges Adwane on October 15, 2020. 242 website. (2021). \ufe91\ufe8e\ufedf\u0648\ufe9b\ufe8e\ufe8b\u0642: \u201c\u0627\ufedf\ufe9f\ufee3\ufbad\u0648\u0631\ufbfe\ufe94 \u0627\ufedf\ufed8\u0648\ufbfe\ufe94\u201d \ufe97\ufed8\u062f\u0645 \ufe91\ufe8e\ufed7\ufe97\u0631\u0627\u062d \ufe97\ufecc\u062f\ufbfe\u0644 \ufed7\ufe8e\ufee7\u0648\u0646 \ufea3\u0648\u0644 \ufee3\ufedb\ufe8e\ufed3\ufea3\ufe94 \u0627\ufedf\ufe97\ufbad\u0631\ufbfe\u0628 Documented: \u201cThe Strong Republic\u201d submitted a proposal to amend a law on combating smuggling. 93 While in government, the Lebanese Forces launched a number of initiatives aimed at improving the provision of services and enhancing citizens\u2019 and vulnerable groups\u2019 quality of life. As Minister of Public Health, Ghassan Hasbani initiated the legal and administrative framework for comprehensive health coverage; launched the distant hospitalization initiative to ensure quality health services in remote areas, supported the local pharmaceutical industry; initiated a food safety campaign, improved a hotline service to attend to peoples\u2019 medical needs; and initiated a number of programs aimed at raising awareness about detection and prevention of disease, and modernizing the health service and medical care, introducing the digitization of services.243 The held Ministry of Social Affairs designed a national strategy for attending all types of vulnerable groups, including children, women, people with special needs, the elderly, drug- addicts, and the destitute. It also collaborated with the Ministry of Public Health to improve the provision and quality of services in remote areas, straightened out ongoing redundant programs, launched the biometric card for all ministry beneficiaries, in addition to other initiatives aimed at redirecting wasted resources to benefit the neediest section of the population.244 While under control, the ministry increased the number of poor families benefiting from food cards by half245 and secured seasonal financial aid through UNICEF. In cooperation with international organizations such as and WOMEN, the ministry developed several programs aimed at protecting children and reducing domestic violence. Minister Kouyoumjian was able to obtain the approval of the Council of Ministers to issue a decree aimed at implementing the provisions of the Disability Rights Act,246 stipulating the inclusion of a minimum of three percent of people with disabilities in the public sector. Also, 243 The Website. (2017b). The Ministry of Health's most distinguished achievements, \u0623\ufe91\u0631\u0632 \u0623\ufecb\ufee3\ufe8e\u0644 \u0648\u0632\u0627\u0631\u0629 \u0627\ufedf\ufebb\ufea3\ufe94 . 244 Achievements under Minister Pierre BouAssi who held the ministry between 2016 and 2017. The Website. (2017a). About the achievements of the Ministry of Social Affairs \ufee7\ufe91\u0630\u0629 \ufecb\u0646 \u0625\ufee7\ufe9f\ufe8e\u0632\u0627\u062a \u0648\u0632\u0627\u0631\u0629 \u0627\ufedf\ufeb7\u0624\u0648\u0646 \u0627\ufef9\ufe9f\ufe97\ufee3\ufe8e\ufecb\ufbfe\ufe94 . 245 The number of beneficiaries increased from 10,000 to 15,000 246 Article 73 of Law 220/2000 94 in cooperation with international organizations, he initiated the work to develop the disability rights insurance program.247 In September 2008 at the annual mass of the martyrs, in the presence of an audience bursting with victims\u2019 families, handicaps, and war survivors, the leader of the Lebanese Forces surprised his audience with a public act of contrition. Recognizing the wrongdoings of the war, Samir Geagea declared, \u201cTo err is human\u2026 we sometimes committed mistakes. Some of us have committed exactions that we considered unacceptable, some of these exactions were unfortunately ignominious would like therefore, on this special occasion, with a modest and clear heart, with deep sincerity and in a transparent manner, in front of God and the people, in my name and the name of generations of resistance fighters, living or martyred, to present deep, honest and complete apologies for every wound, wrongdoing or loss, and every unjustified damage that we were responsible for while we were accomplishing our national mission during the war ask God, and all the people that we have aggrieved, to forgive us, to transcend their suffering and give us affection.\u201d248 According to Nada Anid, author of the Lebanese Forces leader\u2019s biography, this national apology generated a wide range of responses but also great a deal of interest especially within the intellectual community. Samir Frangi\u00e9, a scholar dedicated to interfaith dialogue declared that for the first time in national history, Christians who, unlike Muslims, give higher priority to freedom over justice, inverted that role and put justice ahead of freedom.249 This public act of forgiveness augured a new area in the group\u2019s history, indicating a commitment to turn the page of war and build a more peaceful and conciliatory future. 247 Information shared by former Minister of Social Affairs, Richard Kouyoumjian 248 Anid, N. (2014). L'homme de c\u00e8dre : les trois vies de Samir Geagea. Calmann-Le\u0301vy. 249 Ibid. 95 As a political party, the Lebanese Forces vigorously advocated for peace and reconciliation, adopting a discourse that promoted tolerance and embraced the principles of democratic governance. Quoting Winston Churchill, Kouyoumjian summarized the philosophy: \u201cIn war, resolution\u2026 and in peace, good will.\u201d250 The party\u2019s Head of Media Charles Jabbour stressed the importance of constructive engagement and Christian-Muslim partnership. Making reference to Pope Jean Paul the Second\u2019s statement, \u201cLebanon is not a country, Lebanon is a message\u201d he alluded to the importance of the \u201cNational Pact\u201d, the unwritten agreement that laid the foundation of Lebanon as a multi-confessional state. Jabbour drew attention to the fact that, since the moment the party put its weapons beyond use, it has used every opportunity to promote reconciliation in Lebanon. In 2000, it set in motion a reconciliation initiative with its former archenemy, the Progressive Socialist Party; in 2005 it initiated the March 14 settlement that reconciled the Lebanese Forces with Sunni Muslims; and in 2016 the party instigated talks that reestablished and strengthened relationships with its Christian adversaries.251 In their political rhetoric, the Lebanese Forces repeatedly spelled out their vision of a State built upon principles that bypass sectarianism and focus on a national project that emphasizes sovereignty, constitutional democracy, equal rights and rule of law252. The Lebanese Forces\u2019 incorporation as a political party and its full commitment to the democratic rules of the game -despite the exceptionally difficult circumstances of its entry into civil life- marked the end of an era. Along with other former militias turned political parties, the Lebanese Forces irrevocably helped carry out the transition from war to peace. 250 Kouyoumjian, R. (2017). From Resistance Strategy to a State Project non-published article obtained from Mr. Kouyoumjian on Oct. 16, 2017 251 Jabbour, C. (2019). Author's interview with Charles Jabbour [Interview]. On January 18, 2016, the signed the \u201cMaarab understanding\u201d with the Free Patriotic Movement (FPM). The document required the leader of the LF, who had withdrawn from the presidential race, to endorse presidential candidate Michel Aoun for the 2016 presidential elections, which paved the way for the election of Aoun as president in October 2016. 252 Those concepts were iterated by most interviewees 96 The Salvadoran guerrilla movements originated in 1970, in response to the growing oppression of an authoritarian regime in place since 1932. Swift persecution of political dissent and little heed for the population\u2019s misery had earned the government a reputation that was popularly described as: \u201cThe dog is dead; the rage is over.\u201d253 The regime\u2019s pervasive and brutal repression generated growing discontent that culminated with the emergence of a multitude of armed groups representing various political movements and diverse segments of the society. The first armed group developed when the Secretary General of the Salvadoran Communist party (PCS), Salvador Cayetano Carpio, and a few of his followers broke apart from the party, convinced that no change can occur outside of an armed struggle. Carpio founded the Fuerzas Populares de Liberaci\u00f3n Farabundo Mart\u00ed (The Liberation Popular Forces, FPL), the first of the five organizations that would form part of the guerrilla. Between 1971 and 1972, young members of the Partido Dem\u00f3crata Cristiano (Democratic Christian Party, PDC), some militants and various university students joined the guerrilla warfare forming their own movement, the Ej\u00e9rcito Revolucionario del Pueblo (the People\u2019s Revolutionary Army, ERP). An internal battle within the resulted in a split that gave rise to two separate revolutionary movements, the Resistencia Nacional (National Resistance, RN) and the Partido Revolucionario de los Trabajadores Centroamericanos (The Revolutionary Party of the Central American Workers, PRTC). In 1979, after an intensification of the ruling government\u2019s oppressive practices, the also decided to create its own military structure, subordinated to the party\u2019s political project. Despite their differences, in the early 1970s, all five armed movements -later to form part of the FMLN- shared many similarities, above all their adherence to the Marxist-Leninist ideology.254 Largely inspired by the Uruguayan Tupumaros, the Salvadoran guerrillas were 253 Ca\u00f1as, R. (2018). Interview with the author [Interview]. 254 Mart\u00edn \u00c1lvarez, A. (2011). De guerrilla a partido pol\u00edtico: El Frente Farabundo Mart\u00ed para la Liberaci\u00f3n Nacional (FMLN). Historia y Pol\u00edtica, 25, 207-233. 97 mainly urban and enjoyed wide support from peasant organizations, university students, workers, and slum dwellers. These strong links to the community were mostly attributable to the geographic characteristics of the country. Unable to hide in impenetrable forests or jungles, the guerrilla movements were forced to settle in populated areas and thus remained deeply connected to the local communities.255 On October 15 1979, a military coup put an end to the military regime that had been in place since 1932. Despite terminating almost five decades of autocratic rule, the more inclusive government that ensued -which included representatives of the center and the center-left, and was supported by the PCS- was unable to stop the violence that had reached record heights. In fact, the armed and internal security forces had remained under the control of military officers who favored the repression of the social movements and the extermination of the guerrillas that represented them. At the same time, under the auspices of the Cuban government and the personal intervention of Fidel Castro, the various Salvadoran guerrillas had started discussions geared towards the establishment of an umbrella organization where they would all coalesce under the same leadership. On December 17, 1979 a first organized structure comprising and emerged. The Coordinadora Pol\u00edtico-Militar (Political-Military Coordination, CPM) was made public on January 10, 1980. The assassination of the Archbishop of San Salvador Monse\u00f1or Oscar Arnulfo Romero in March 1980 precipitated the alliance between the center-left opposition and the integrated guerrillas to form the Frente Democr\u00e1tico Revolucionario (Revolutionary Democratic Front, FDR). In October 1980, the was expanded to include the and the under the banner of the Frente Farabundo Mart\u00ed para la Liberaci\u00f3n Nacional (The Farabundo Mart\u00ed Front for National Liberation FMLN).256 The name referred to leader Agustin Farabundo Mart\u00ed who had led a peasant uprising in 1932, after the government manipulated the results of municipal elections in areas where the communist party had claimed victory. The revolt was quickly suppressed by the government in an infamous the massacre that came to be 255 Jovel, F. (2018b). Interview with the author [Interview]. 256 Mart\u00edn \u00c1lvarez, A. (2011). De guerrilla a partido pol\u00edtico: El Frente Farabundo Mart\u00ed para la Liberaci\u00f3n Nacional (FMLN). Historia y Pol\u00edtica, 25, 207-233. 98 known as the Matanza (Massacre).257 The and the formed a strategic alliance that would persist until the end of the war. Although the relied on allied countries such as Vietnam, Czechoslovakia, the German Democratic Republic, and neighboring Nicaragua for armaments and ammunition, to a large extent, the guerrilla\u2019s financial recourses were secured from solidarity committees scattered across the U.S., Mexico and Europe, a factor that facilitated the armed group\u2019s survival after the collapse of the Eastern Bloc.258 The new government that was put in place in the wake of the 1979 military coup, set up a new Constitution that provided the basis of a new, allegedly more democratic regime. This was part of a broader strategy, backed by the United States government, with the dual purpose of undermining the political and economic bases of the powerful oligarchy, and putting an end to the armed insurrection carried out by the guerrillas. The considerable reduction of civilian deaths and forced disappearance between 1984 and 1989, along with the United States\u2019 generous financial assistance, helped avert an economic collapse and eroded popular support for the guerrilla. Faced with this new order, the was forced to adopt a new military strategy based on the establishment of small guerrilla units with greater mobility. While this new plan of action expended the FMLN\u2019s territorial control, the segmentation of its military divisions dealt a severe blow to the morale of many of its combatants causing mass defections. Furthermore, the Salvadoran armed forces\u2019 military control over large swathes of territory, and the elimination of a large number of social supporters that were entrusted with the task of spreading FMLN\u2019s influence across regions, forced the to start reexamining its choices. The armed group had begun to realize that immediate military victory was not possible and that other non-military options should be seriously considered.259 In 1982, a number of guerrilla commanders along with some opposition leaders started to explore the possibility of a negotiated solution. But while the negotiations path seemed like 257 Wade, C. (2007). El Salvador: The Success of the FMLN. Lynne Rienner Publishers 258 Mart\u00edn \u00c1lvarez, A. (2011). De guerrilla a partido pol\u00edtico: El Frente Farabundo Mart\u00ed para la Liberaci\u00f3n Nacional (FMLN). Historia y Pol\u00edtica, 25, 207-233. 259 Ibid. 99 the logical way forward for many, it was also met with strong opposition especially from the leader of the who viewed it as a betrayal of the revolutionary movement. The death of this latter in 1983 opened up the possibility of a negotiated solution. In anticipation of the 1984 presidential elections, the proposed to enter a negotiation process that, from its perspective, could have enabled its participation in an inclusive government. Its vision was encapsulated in a document entitled the Government of Broad Participation (GAP). This initial document, along with the rise to power of the Partido Dem\u00f3crata Cristiano, set the stage for a series of discussions that would occur between 1984 and 1991.260 Changes within ARENA, the right-wing National Republican Alliance whose new leader Alfredo Cristiani was more moderate than his predecessor, bode well for a change in course in favor of a peace accord.261 Nonetheless, in a bid to force the new government to seriously consider a negotiated solution, but also hoping to incite a popular insurrection that would bring down the regime, in November 1989, the launched a coordinated military offensive. While crippling the country, the military action produced neither a decisive popular uprising nor an outright military victory. The unsuccessful offensive, the army\u2019s indiscriminate shelling of the civilian population, and the assassination of six Jesuit academic priests, prompted the resumption of negotiations convincing both sides of the imperative need for a peaceful resolution of the conflict. The latest developments also persuaded the U.S. Congress of the urgent need to limit its support to the Salvadoran military. In addition, the electoral defeat of the Sandinistas in Nicaragua and the fall of the Berlin wall had tempered the guerrilla\u2019s verve and helped moderate its ideological position.262 In the wake of the offensive and under the auspices of the United Nations, the and the Salvadoran government resumed the peace talks in earnest. In April 1990, both parties signed the Geneva accord in which they pledged to decisively bring the armed conflict to an end, promote democratization, and guarantee full respect for human rights. They also committed to enter secret negotiations where the U.N. Secretary General would play an 260 Ibid. 261 Wade, C. (2007). El Salvador: The Success of the FMLN. Lynne Rienner Publishers 262 Mart\u00edn \u00c1lvarez, A. (2011). De guerrilla a partido pol\u00edtico: El Frente Farabundo Mart\u00ed para la Liberaci\u00f3n Nacional (FMLN). Historia y Pol\u00edtica, 25, 207-233. 100 intermediary role. The negotiations resulted in the signature of six sets of agreements which culminated with the release of the Chapultepec agreement.263 Signed in Mexico in December 1991, the Chapultepec agreement ended the war and paved the way for the FMLN\u2019s political participation. The agreement included a comprehensive reform of the armed forces; dealt with disarmament, demobilization and reintegration of the armed groups; and included provisions for a reform of the electoral system, the promotion of human rights as well as economic and social arrangements. Notably, the peace accord laid the foundation for the transformation into a political entity. Despite the surfacing of numerous ideological differences within the organization, the party was able to hold the line and preserve the support of its loyal supporters, fighting its way to eventually become El Salvador\u2019s ruling party.264 As a political party, the obtained several mayorships, achieved an important presence in the Legislative Assembly, and won two successive presidential elections.265 After ten years in power however, the was dealt a massive blow in the 2019 presidential elections its vote share declining by 70% from the previous elections.266 By many standards, the is considered one of the most successful war-to-peace transformations. Despite heated internal struggles, and fierce political opposition, the successfully engaged in Salvadoran political life, gradually ameliorating its electoral performance until it became the prime political force in the country. By the year 2000, the had become a major player in parliament and for several years, the party retained the mayor\u2019s office in San Salvador. In 2009, the election of Mauricio Funes Cartagena a center- 263 Holiday, D., & Stanley, W. (1993). Building the Peace: Preliminary Lessons from El Salvador. Journal of International Affairs, 46(2), 415-438. 264 Mart\u0131\u0301n A\u0082 lvarez, A. (2010). From revolutionary war to democratic revolution: the Farabundo Mart\u00ed National Liberation Front (FMLN) in El Salvador. Berghof Conflict Research. 265 Ramos, C. G., L\u00f3pez, R. O., & Quinteros, A. C. (2015). The and Post-War Politics in El Salvador. From Included to Inclusive Actor? 266 Sprenkels, R. (2019b). Ambivalent Moderation: The FMLN's Ideological Accommodation to Post- War Politics in El-Salvador, Government and Opposition. Cambridge University Press, 54, 536-558. 101 left journalist who ran on an list to the presidency, marked the first big electoral victory for the party. The had unrooted the party\u2019s hegemony on Salvadoran politics, and that same year, it had also beaten the Salvadoran right-wing party in the legislative elections.267 For the first time in El Salvador\u2019s history, the country was governed by a leftist government with many former guerrilla members entering the government. The election of one of the FMLN\u2019s historical leaders, Salvador S\u00e1nchez Cer\u00e9n to the presidency in 2014 consolidated the party\u2019s win and consecrated its control of the country\u2019s destiny for another five years.268 As a political party, the was able to achieve many successes. This thesis will mainly focus on the party\u2019s performance during the period spanning from 2009 to 2019 when the presence in the executive expanded its ability to bring about meaningful changes. While the FMLN\u2019s political relevance certainly precedes this period, the party\u2019s access to the executive branch of government -first under Funes, and five years later under Sa\u0301nchez Cere\u0301n- enabled the to effectively design and implement programs and policies that embodied its vision, and addressed the issues that it aimed to achieve Beyond question, the has many accomplishments to its credit, most of which stemming from the negotiated settlement that brought an end to the hostilities. Mostly driven by demands from the guerrilla, the agreement called for three main constitutional reforms: civilian control of the military (approved in 1992), judicial reforms to guarantee human rights (approved in 1992), and a reform of the election system (enacted in 1993).269 These reforms would lead to revolutionary changes that would permanently transform the Salvadoran society. As a peaceful political actor, the helped promote 267 Mart\u0131\u0301n A\u0082 lvarez, A. (2010). From revolutionary war to democratic revolution: the Farabundo Mart\u00ed National Liberation Front (FMLN) in El Salvador. Berghof Conflict Research. 268 Ramos, C. G., L\u00f3pez, R. O., & Quinteros, A. C. (2015). The and Post-War Politics in El Salvador. From Included to Inclusive Actor? 269 Kroc Institute for International Studies. Constitutional Reforms: Chapultepec Peace Agreement 102 human rights and judicial independence, but also drastically improved freedom of speech and gender representation. During its ten years of government, the achieved a marked reduction in poverty, strived to improve educational conditions for children from disadvantaged economic backgrounds; supported small farmers; increased the minimum wage; developed a literacy program; expanded public healthcare; enacted a law facilitating access to low-cost medicines; and laid the bases for the holding of successive free and fair elections During the two mandates, El Salvador saw its poverty and disparity rates decline considerably. According to the World Bank, between the years 2007 and 2017, El Salvador witnessed a period of growth and a reduction of inequality. This period which corresponds to the decade in power saw the poverty rate decline from 39 to 29 percent, and extreme poverty reduced from 15 to 8.5 percent. Remittances and an important decline in oil imports are cited among the most important factors contributing to the growth. Furthermore, a significant decline in the Gini coefficient from 2001 to 2017 reflected a reduction of inequality in El Salvador making it one of the most equal countries in Latin America.270 270 Worldbank. (2019). The World Bank in El Salvador, Overview 103 Figure 1: Decrease in Poverty Rate and Inequality in El Salvador between 2004-2019. Reprinted from World Bank, Poverty & Equity Brief, El Salvador Latin America & the Caribbean, 2021 While in power, the expanded healthcare to El Salvador\u2019s poor departments delivering quality medical access to underprivileged areas. In its 2019 evaluation of the ten-year healthcare reforms, the Pan American Health Organization (PAHO) reported that El Salvador had achieved important improvements in health outcomes, significantly reducing infant and maternal mortality, and increasing life expectancy. Despite recognizing some challenges including the passable quality of healthcare praised the increase of preventive services and improved access to medical services in the poorest departments of the country.271 In May 2014, the government unveiled a new, state of the art National Women\u2019s Hospital replacing an old decayed National Maternity facility. The new hospital offered sophisticated equipment and provided free advanced quality services.272 The hospital included two medical centers, one for maternity and another one for women diseases.273 According to Samayoa, the National Women\u2019s Hospital was undoubtedly one of 271 B\u00e1scolo, E., Cid, C., Houghton, N., & Luque, H. (2019). En el Camino a la Salud Universal, Diez a\u00f1os de reforma del Sistema de Salud en El Salvador. documento-el-salvador-web&category_slug=publicaciones-destacadas&Itemid=364 272 Cispes. (2014). El Salvador Inaugurates New Women's Hospital Abandoned by Past Government Cispes, Committee in Solidarity of the People of El Salvador. 273 Pe\u00f1a, L. (2022). Interview with the author [Interview]. 104 the FMLN\u2019s most important achievements chiefly because it happened amidst stiff resistance from the \u2018political right\u2019 and opposing forces within private sector.274 Figure 2: El Salvador: Infant mortality rate. Reprinted from Statista, Economy and Politics, 2022 Figure 3: El Salvador: Life Expectancy at Birth from 2009-2019. Reprinted from Statista, Economy and Politics, 2022 FMLN\u2019s signature policy in the education sector was the Paquetes Escolares [School Packets], a program that provided annual packets of school supplies along with locally made shoes and uniforms to public school children.275 During the party\u2019s two-term presidencies, public schools began serving milk and small meals addressing the nutrition needs of 274 Samayoa, S. (2022). Interview with the author [Interview]. 275 Secretaria T\u00e9cnica y de Planificaci\u00f3n de la Presidencia. (2013). Programa de Dotaci\u00f3n de Uniformes, Zapatos y Utiles Escolares para Estudiantes de Educaci\u00f3n Parvularia y Educaci\u00f3n B\u00e1sica del Sector P\u00fablico In. 105 underprivileged children.276 As Minister of Education and with help from Cuban advisers, S\u00e1nchez Cer\u00e9n initiated a literacy program where, fulfilling community service hours, high schoolers taught reading, writing and basic math to illiterate adults in their community. By the end of 2018, adult illiteracy rate had fallen by nearly half. Additionally, the Cer\u00e9n administration made the National University of El Salvador tuition-free for public school students.277 Despite much debate over whether the efforts put in education reform were a worthwhile investment -given that the overall education system in El Salvador failed to improve in a meaningful way (see below)- the many programs put in place and the adult literacy progress testify to the party\u2019s serious efforts to address the pressing education issue. Figure 4: El Salvador: Literacy rate from 2008 to 2018, total and by gender. Reprinted from Statista, Economy and Politics, 2021 The constitutional reforms agreed upon in the Chapultepec agreement called for judicial reforms to protect human rights. The FMLN-driven changes requested the appointment of a new National Counsel for the Defense of Human Rights tasked with monitoring the human rights situation at the national and institutional level. The reforms also asked that Supreme Court justices, the attorney general, the state counsel, and the newly established National Counsel for the Defense of Human Rights all be elected by 2 out of 3 members of the 276 CentralAmericaData. (2011). El Salvador proyecta cosecha r\u00e9cord de granos b\u00e1sicos. anos_bsicos 277 Ministerio de Educaci\u00f3n. (2019). Educaci\u00f3n Especializada e Inclusiva. In. 106 legislative assembly. As a ruling party, the went to great lengths to improve the human rights situation in the country. National commissions for the search of disappeared children and adults were established. Girls and women\u2019s rights markedly improved, and special courts to address gender-based violence were set up. Also, special provisions to prevent discrimination on the basis of sexual orientation and gender identity in public administration were put in place. In 2016, an annulment of the amnesty law of 1993 by the supreme court received a warm welcome from the victims of the armed conflict and U.N. experts alike. Plan El Salvador Seguro [the safe El Salvador Plan], a comprehensive plan aimed at strengthening public order and security was also put in place.278 Advances in the democratization of the country were also reflected in the riddance of political persecution and the promotion of freedom of thought and freedom of organization.279 Evaluating the progress made on human rights since 2010 -the year after the government of Mauricio Funes took office- the 2014 Human Rights Commission reported that El Salvador ratified two optional protocols, adopted a number of legislations, and implemented various programs and strategies aimed at strengthening human rights.280 In its 2019 review, the same commission reported that El Salvador had furthered its commitment to international treaties and continued strengthening its legal and policy framework to protect and improve human rights.281 Between 2011 and 2019, El Salvador further formalized its commitment to respect, protect, and fulfill human rights. In 2011 El Salvador ratified the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights and in January 2014 it 278 United Nations Human Rights Office of the High Commissioner (OHCHR). (2018). Human Rights Committee review report of El Salvador. 279 Ca\u00f1as, R. (2018). Interview with the author [Interview]. 280 Human Rights Council; Working Group on the Universal Periodic Review; Twentieth session; 27 October\u20137 November 2014 281 Human Rights Council; Working Group on the Universal Periodic Review; Thirty-fourth session; 4\u201315 November 2019 107 ratified the Second Optional Protocol to the International Covenant on Civil and Political Rights. While entering a reservation as permitted to States under the Protocol,282 El Salvador committed to abolishing of the death penalty.283 In its 2019 review, the Human Rights commission reported that El Salvador had ratified the Rome Statute of the International Criminal Court, and withdrawn its reservation to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.284 During the FMLN\u2019s first term in power, a number of legislations protecting human rights and advancing social wellbeing were enacted. In addition to a number of gender equality legislations,285 the government adopted the Child and Adolescent Protection Act (2009), the General Act on Young People (2011), the Act on Comprehensive Care for Older Persons (2002), the Special Act on the Protection and Advancement of Salvadoran Migrants and Their Families (2011), the Act on Social Development and Protection (2014), the General Act on Prevention of Workplace Hazards (2010), the Framework Act on Civic Harmony and Antisocial Behaviour, the Medicines Act (2012), and the Special Act on Voting from Abroad (2013).286 In addition, in 2014, article 63 of the Constitution was amended to reflect its recognition of indigenous people\u2019s rights. It stated, \u201cEl Salvador recognizes the indigenous peoples and will implement measures to maintain and develop their ethnic and cultural 282 To the effect that the death penalty shall be applied in accordance with article 27 of the Constitution, which states: \u201cThe death penalty may be imposed only in the cases provided by the military laws during an international state of war.\u201d 283 Human Rights Council Working Group on the Universal Periodic Review Twentieth Session 27 October- 7 November 2014. (2014). National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21; El Salvador. ny.un.org/doc/UNDOC/GEN/G14/140/33/PDF/G1414033.pdf?OpenElement 284 Human Rights Council Working Group on the Universal Periodic Review Thirty Fourth Session 4-15 November 2019. (2019). National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21; El Salvador. ny.un.org/doc/UNDOC/GEN/G19/246/42/PDF/G1924642.pdf?OpenElement 285 See next section for more details 286 Human Rights Council Working Group on the Universal Periodic Review Twentieth Session 27 October- 7 November 2014. (2014). National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21; El Salvador. ny.un.org/doc/UNDOC/GEN/G14/140/33/PDF/G1414033.pdf?OpenElement 108 identity, worldview, values and spirituality.\u201d287 This amendment led to a number of municipal ordinances in favor of indigenous people\u2019s rights, stipulating that any activity, program, project or enterprise affecting the interests of the indigenous people should include prior consultation with community representatives.288 In 2010, a Presidential Decree recognized Lesbian, Gay, Bisexual, and Transgender (LGBTI) rights, prohibiting discrimination based on sexual orientation. The government also created the Sexual Diversity Division, under the Social Inclusion Secretary. The new division aimed at fighting discrimination based on sexual orientation and gender identity; encouraging education and sensitization about sexual diversity; creating public policies that protect the rights of the community; and promoting the creation of discrimination free spaces where all persons are equally treated with dignity and respect, regardless of sexual orientation.289 The 2019 Human Rights Council National Report reported that during the second FMLN-led government, the country had further complied with international human rights standards. The Salvadoran parliament had adopted a number of laws aimed at improving human rights standards and citizens\u2019 wellbeing such as the Access to Public Information Act (2011); the Special Act against Trafficking in Persons (2014); the Reparations for Moral Damage Act (2015); the Culture Act (2016); the Special Act on Adoption (2016); the Administrative Disputes Act (2017); the Mental Health Act (2017); the Administrative Procedures Act (2018); the Special Act for the Regulation and Establishment of Employer-Sponsored Childcare Facilities (2018); the Regulatory Improvement Act (2018); the Elimination of Bureaucratic Barriers Act (2019); the Special Act on Migration and Alien Affairs (2019); and the National Comprehensive Health System Act (2019). In an effort to improve existing regulation, amendments were made to the Criminal Code, the Code of Criminal Procedure, the Family Code, the Labor Code, the Domestic Violence Act, the General Education Act, the 287 Decreto 707. A0CE-4714996E4370.pdf 288 Center for Civil and Political Rights (CCPR). (2016). El Salvador State Report. 289 UNHRC, S. R. s. t. t. (2010). The violation of the rights of lesbian, gay, bisexual and transgender persons in El Salvador. 109 Act on the Teaching Profession, the Special Comprehensive Act on a Violence-Free Life for Women, and the Special Act on the Protection and Advancement of Salvadoran Migrants and Their Families.290 To ensure proper follow-up on these laws, a number of State policies were implemented. In its first term in office, the FMLN-led government adopted: the National Food Security and Nutrition Policy, the National Sexual and Reproductive Health Policy, the National Health Policy, the National Policy on Social Participation in Health, the National Environment Policy and education policies. In addition, the government called for the streamlining of human rights practices making them a guiding principle for the work of the State including while \u201cdevising, formulating, executing and evaluating government strategies, programs and actions.\u201d The Office of the Human Rights Advocate also benefited from additional government support.291 Between 2014 and 2019, more policies, action plans, programs and strategies were established. In addition to a number of initiatives aimed at promoting gender equality (see below), the government set up the National Policy for the Comprehensive Protection of Children and Adolescents, 2013\u20132023; the Public Policy for the Indigenous Peoples of El Salvador; the National Health Policy for the Indigenous Peoples of El Salvador; the Public Policy on Culture, 2014\u20132019; the National Policy on Decent Work; the National Health Policy, 2015\u20132019; the Gender Equity and Equality Policy and implementation plan of the Ministry of Education, Science and Technology for the period 2016\u20132020; the Policy for Gender Equality and Equity in Health; the National Housing Policy; the National Integrated 290 Human Rights Council Working Group on the Universal Periodic Review Thirty Fourth Session 4-15 November 2019. (2019). National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21; El Salvador. ny.un.org/doc/UNDOC/GEN/G19/246/42/PDF/G1924642.pdf?OpenElement 291 Ibid Human Rights Council Working Group on the Universal Periodic Review Twentieth Session 27 October- 7 November 2014. (2014). National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21; El Salvador. dds-ny.un.org/doc/UNDOC/GEN/G14/140/33/PDF/G1414033.pdf?OpenElement 110 Water Management Policy; the National Policy for the Protection and Advancement of Migrants and Their Families; the Citizen Participation Policy of the executive branch; the action plan for the National Policy for the Comprehensive Protection of Children and Adolescents, 2014\u20132019; the national action plan for the period 2017\u20132022 on the implementation of United Nations Security Council resolution 1325 (2000) on women and peace and security; the National Equality Plan, 2016\u20132020; the action plan for the National Policy on Access to a Violence-Free Life for Women; the National Strategic Plan on Breastfeeding, 2016\u20132019; the National Plan for Development, Protection and Social Inclusion (Social Plan); the National Integrated Water Management Plan; the National Action Plan for the Indigenous Peoples of El Salvador; the \u201cSafe El Salvador\u201d Plan; the National Drinking Water and Sanitation Plan; the National Literacy Program; the Program on Flexible Education Methods; the \u201cI\u2019m Changing\u201d prison management program; the \u201cYoung People with Everything\u201d employment and employability program; the National Cross-sectoral Strategy for the Prevention of Child and Adolescent Pregnancy; the Strategy for the Prevention of Femicide and Sexual Violence against Women; and the National Strategy for Comprehensive Early Childhood Development, 2018\u20132028.292 The Funes and S\u00e1nchez governments paid special attention to women, revising the legal framework and adopting policies that improved women\u2019s condition, status and wellbeing. In its 2017 concluding observations on the eighth and ninth periodic reports of El Salvador commended El Salvador\u2019s adoption of a number of legislations including: The Act on Equality, Equity and the Elimination of Discrimination against Women, in 2016, and the Children and Adolescent Protection Act, in March 2009, by which the Ministry of Education is mandated to provide education on gender, reproductive health and discrimination against women in the educational system; Act on the Promotion, Protection and Development of Microenterprises and Small Businesses, in 2014, which is aimed at promoting greater access 292 Human Rights Council Working Group on the Universal Periodic Review Thirty Fourth Session 4-15 November 2019. (2019). National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21; El Salvador. ny.un.org/doc/UNDOC/GEN/G19/246/42/PDF/G1924642.pdf?OpenElement 111 by women to entrepreneurial development; Special Act against Trafficking in Persons, in 2014; Special Comprehensive Act on a Violence-Free Life for Women, in 2012.293 During that period of time, El Salvador also exerted great efforts to improve its institutional and policy framework with the goal of accelerating the elimination of gender inequality. Those measures included the adoption or establishment of : a Pact for the Defense of Civil and Political Rights of Women, in 2014; a National System for Substantive Equality and its National Plan, in 2013; a System of Statistics and Monitoring for Equality, in 2013; a National Policy on a Violence-Free Life for Women, in 2013, National plans covering the periods 2013- 2015 and 2016-2020; a Safe El Salvador Plan, in 2015, which addresses gender-based violence; a National Plan for Equality and Equity for Salvadoran Women, in 2012; a Policy on Sexual and Reproductive Health, in August 2012, which is focused on raising awareness of family planning methods and comprises a section specifically addressing adolescent health; and a Strategic National Plan to Reduce Maternal, Perinatal and Neonatal Mortality, in 2011. In addition, El Salvador ratified and acceded to the Convention relating to the Status of Stateless Persons, in February 2015; and the Optional Protocol to the Convention on the Rights of the Child on a communications procedure, in February 2015.294 In 2010, the Special Comprehensive Act on a Violence-Free Life for Women (Ley Especial Integral para una Vida Libre de Violencia para las Mujeres) was enacted. In force since 2012, this comprehensive law aimed to punish all forms of violence against women, ranging from mocking to murder. The Law contains 61 articles defending women\u2019s rights against economic, feminicide, physical, psychological, emotional, patrimonial, sexual, and symbolic violence. The law offers concrete measures aimed at detecting and preventing violence, offering victim assistance and protection, as well as reparation and prosecution of 293 Committee on the Elimination of Discrimination against Women (CEDAW). (2017). Concluding Observations on the Combined Eight and Ninth Periodic Reports of El Salvador. dds-ny.un.org/doc/UNDOC/GEN/N17/062/92/PDF/N1706292.pdf?OpenElement 294 Ibid. 112 offenders.295 The Salvadoran Institute for Women Development (ISDEMU)296 -in close coordination with the Specialized Technical Commission (Comisi\u00f3n T\u00e9cnica Especializada- CTE)- was mandated to monitor and review the implementation of the national policy and action plans that were put in place to support the implementation of the law.297 The Institute was also assigned the task to receive complaints related to violence against women offers a virtual platform that provides guidance, legal assistance and psychological care; a free hotline for immediate attention; and several offices that provide care and all types of assistance in various parts of the country.298 In 2011, the creation of Specialized Courts for a Life Free of Violence and Discrimination against Women299 allowed women to take legal actions in cases of violence against them. The decree required all legal staff to obtain necessary knowledge on a woman\u2019s right to a life free of violence and discrimination. The courts had competence to \u201chear cases involving the offences established in the Special Comprehensive Act on a Violence-Free Life for Women; and receive complaints and reports based on the Domestic Violence Act. Finally, the courts had competence to monitor and oversee precautionary and protection measures established in the Special Comprehensive Act on a Violence-Free Life for Women; the Equality, Equity and Eradication of Discrimination against Women Act; Labor discrimination cases; and Violations of the Right to Equality\u201d.300 The National Equality Plan 2016-2020 [Plan Nacional de Igualdad 2016 \u2013 2020], prioritized gender equality at the national, sectoral and municipal levels. The plan aimed to promote 295 La Asamblea Legislativa de la Rep\u00fablica de El Salvador. (2011). Ley Especial Integral Para una Vida Libre de Violencia para las Mujeres, Decreto 520. In. 296 The Instituto Salvadore\u00f1o para el Desarrollo de la Mujer (ISDEMU), is the lead agency for the Domestic Violence Act and the National Plan to Prevent and Deal with Domestic Violence 297 Instituto Salvadore\u00f1o para el Desarrollo de la Mujer (ISDEMU). (2013). Informe de Rendici\u00f3n de Cuentas. 298 Instituto Salvadore\u00f1o para el Desarrollo de la Mujer (ISDEMU) website. Servicios. 299 Also known as Decree 286 or the \u201cFemicide Law\u201d 300 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) addendum. (2019). Concluding Observations on the Combined eighth and ninth periodic reports of El Salvador. 113 economic autonomy; social attention and protection; the right to education in a discrimination-free environment; the mainstreaming of the principle of equality and non- discrimination; sexual and reproductive health; a life free of violence though prevention, detection, and protection; women political and citizen participation; and the mainstreaming of the principle of equality in access, management, use and control of natural and environmental resources.301 The Banca Mujer (Woman\u2019s Bank) program, launched in 2014, empowered women microentrepreneurs through training and technical assistance, and provided them with access to credit with favorable conditions (ALIDE).302 Approved in 2015, legislative Decree 72 established regulations for the generation, use and distribution of e-money. It also provided for simplified methods for opening savings accounts and provided the marginalized low-income population a less complicated path into the formal financial system.303 In March 2016, a reform to the Salvadorian Labor Code increased paid maternity leave from 12 to 16 weeks and required an advance payment of 75% percent of the basic salary during the leave.304 Also, and since March 2013, fathers were granted three days of paid paternity leave.305 In 2012, the Salvadorian Ministry of Agriculture and Livestock initiated the Amanecer Rural (Rural Dawn) program, an initiative aimed at reducing economic inequality and rural poverty through, among other things, promoting entrepreneurship among rural women and young people. The program benefited and empowered 14,808 women, contributing to reducing domestic chores and improving women and youth\u2019s security and self-esteem.306 In addition, the created designated 301 Instituto Salvadore\u00f1o para el Desarrollo de la Mujer (ISDEMU). (2016). Plan Nacional de Igualdad, Periodo 2016-2020. 302 Banca Mujer was implemented by the El Salvador Development Bank (Banco de Desarrollo de El Salvador (Bandesal) 303 Decreto No. 72, (2015). 304 Decreto No. 143, (2015). 305 Decreto No. 332, (2013). 306 Salvadoran Ministry of Agriculture and Livestock, M. d. A. y. G. M. (2019). Rural Territorial Competitiveness Programme Project Completion Report. 114 budgets in all ministries [presupuestos etiquetados] destined to promote women issues.307 It also created the statistics subdepartment [gerencia estad\u00edstica de g\u00e9nero] especially dedicated to women with the goal of designing more effective gender-focused public policies.308 An undersecretariat for sexual diversity was also established as a means to combat discrimination and include the population in government positions.309 Praising these changes, a 2021 publication on fiscal policies with gender focus in Latin America, reported that El Salvador featured between the countries that made the greatest progress in incorporating a gender perspective into their public budget. This progress it reported, was rooted in the legislation that was enacted to protect and defend women\u2019s rights.310 Women participation in politics also grew in importance after 1992. The party pushed for more gender representation within the party and for women\u2019s active involvement in decision-making. In 1994, the established a minimum of 30 percent women representation in its statutes, increasing it to 35 percent two years later. According to Blandino, this practice had a positive influence on the deliberations that led to the drafting of Salvadoran political parties\u2019 law.311 Less than a decade later, a quota of at least 30% of women candidates in parties\u2019 candidate lists to the Legislative Assembly and municipal council elections was imposed in the 2013 Law on Political Parties (article 38). The law also mandated that political parties include mechanisms in their internal regulations to 307 Know Politics. El Salvador: Primer Ejercicio de Etiquetado En El Presupuesto General De El Salvador presupuesto-general-de-el-salvador 308 Observatorio de Estad\u00edsticas de G\u00e9nero. Bolet\u00edn sobre Estad\u00edsticas de G\u00e9nero 309 Mendiz\u00e1bal, M. (2012). Diagnostico Jur\u00eddico Sobre Derechos Humanos de la Poblaci\u00f3n de El Salvador. 310 Dolores, M., & S\u00e1nchez, A. (2021). La Pol\u00edtica Fiscal con Enfoque de G\u00e9nero en Pa\u00edses de Am\u00e9rica Latina (Macroeconom\u00eda del Desarrollo, Issue. 311 Blandino, R. A. (2018b). Interview with the author [Interview]. 115 guarantee a gender quota in their internal elective processes.312 Along with the quota law, political parties were requested to adopt measures to promote women and youth\u2019s participation in elections and in management positions.313 In addition to the above, in 2011, the government of Carlos Mauricio Funes initiated the Ciudad Mujer (Woman City) program with the main objective of improving the living conditions of Salvadoran women. The program provided services that met women\u2019s basic needs and strategic interests such as the improvement of women\u2019s sexual and reproductive health, attention to gender violence, the promotion of economic autonomy, support for territorial and knowledge management, as well as child care.314 Lastly, in 2018 Lorena Pe\u00f1a introduced a bill for a new Gender Identity Law, a proposal that would allow transgender people to carry out names and gender changes on official documents.315 One of the core reforms of the Chapultepec agreement was an overhaul of the judiciary making it more independent and more professional. Despite being less far-reaching than other reforms, the judiciary reforms strengthened judicial independence, enhanced capacity, and modernized the criminal and civil codes.316 Measures were also taken to improve government transparency through enacting an access to public information law in 2011.317 In addition, the government established the \u2018national legal facilitators\u2019 service which built the capacity of community leaders to become a liaison between the general public and justice 312 Ley de Partidos Pol\u00edticos, Art. 38, (2013a). B592-5EAA9919BD87.pdf 313 Ley de Partidos Pol\u00edticos, Decreto No. 307, Art. 22h, (2013b). B592-5EAA9919BD87.pdf 314 CiudadMujerWebsite. Qu\u00e9 es Ciudad Mujer. mujer/ 315 Committee in Solidarity with the People of El Salvador (CISPES). (2018 Backs New Gender Identity Law Defending the Rights of the Transgender Community In. 316 Kurtenbach, S. (2018). Judicial Reform Neglected Dimension of in El Salvador 317 Also known as Decree No. 534, Ley de Acceso a la Informaci\u00f3n P\u00fablica, 2011 116 officials. The electoral process was also democratized, allowing constituents to vote in their neighborhoods and inaugurating an absentee voting system for Salvadorans living abroad.318 In 2016, the General Amnesty (Peacebuilding) Act of 1993 was declared unconstitutional landmark decision that promised to restore trust in the justice system and bring justice to the victims, prosecuting perpetrators of war crimes and crimes against humanity that were committed during the armed conflict.319 In addition to the above-mentioned achievements, between 2009 and 2019, the country saw a steady fall in the spread of diseases; improved housing in low-income communities; a healthier environment; more child and adolescent attention and protection; a re-engineering of the prison system, including rehabilitation and reintegration; more protection of migrants and refugees; and improved programs for people with disabilities.320 The FMLN\u2019s journey in El Salvador\u2019s political life carries a significance that extends beyond its contribution to improving the country\u2019s democratic practices. As the country transitioned from an oligarchic regime to a representative democracy, the former guerrilla helped change the rules of game and established the foundations for a true democratic transition In El Salvador and Colombia, the biggest leaps into more inclusive and democratic societies happened at the moment of the M-19 and FMLN\u2019s transitions from war to peace. In El Salvador, the peace agreement reformed the armed forces and the Salvadoran electoral 318 Tribunal Supremo Electoral (TSE). (2014). Memoria Especial Elecciones 2014. 319 Human Rights Council Working Group on the Universal Periodic Review Thirty Fourth Session 4-15 November 2019. (2019). National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21; El Salvador. ny.un.org/doc/UNDOC/GEN/G19/246/42/PDF/G1924642.pdf?OpenElement 320 Human Rights Council, W. G. o. t. U. P. R. T. F. S., 4-15 November 2019. (2019). National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21; El Salvador. ny.un.org/doc/UNDOC/GEN/G19/246/42/PDF/G1924642.pdf?OpenElement 117 system; and promoted human rights, and social and economic equity. In Colombia, the new constitution gave human rights prime importance and established a number of mechanisms to protect those rights. The Constitution also promoted political rights and enabled the emergence of a relevant opposition. In Lebanon and Ireland, the emerging parties\u2019 contributions at the national level, while significant, were less transformative. That was partly due to the fact that the Lebanese Forces and Sinn F\u00e9in emerged in societies that had higher degrees of democratic practices (in the case of the Republic of Ireland), but also because the governing systems in Northern Ireland and in Lebanon greatly inhibited these parties\u2019 abilities to bring about as much positive change as they would have like to. Organized along religious/ethnic lines, Lebanon and Northern Ireland had established democratic systems that were driven by their strong desire to achieve stability and avoid the resumption of violence. But the power-sharing systems also led to elite bargaining, with veto power producing deadlocks, indecisiveness and inefficiency. As political parties, while clearly exhibiting a democratic platform, Sinn F\u00e9in and the Lebanese Forces\u2019 capacities to improve democratic norms and practices were greatly impaired by Lebanon and Northern Ireland\u2019s systems of governance. It ought to be remarked that the above-mentioned contributions were not all crowned with success or rewarded with concrete results. They don\u2019t imply either that the parties never engaged in practices that were arguably considered an imperilment to democracy. Imperfect internal democracy is certainly pointed out as a major weakness in all four cases number of local and international reports pointed out to the shortcomings of two consecutive governments policies and their inabilities to achieve some of their intended goals. In 2019, Human Rights Watch reported that El Salvador had one of the world\u2019s highest homicide rates with gangs paralyzing the country with recruitment, extortion, coercion and forced disappearances, and a great ability to evade the control government. In 2020, fewer than 70 percent of Salvadorans were employed and average real wages were lower than 15 years earlier.321 Sinn Fein\u2019s course is not flawless either. The party is accused of numerous felonies 321 Banegas, N., & Winkler, H. (2020). Jobs Diagnostic El Salvador; Understanding Challenges for More and Better Jobs in El Salvador: An integrated approach (Job Series, Issue. 118 and malpractices. Those include evading crime allegations -including one involving Gerry Adam\u2019s brother- channeling public funds into a its coffers, and harassing media to receive more favorable covering.322 Sinn F\u00e9in is often criticized for its hypocrisy, taking undue credit for others\u2019 successes.323 Similarly, the Lebanese Forces has been blamed for sacrificing the greater cause in pursuance of personal gains. In particular, the party\u2019s agreement with the Free Patriotic Movement clearing the way for the presidential election of its political opponent, but also and mostly, striking a deal to share the nominations of Christian appointees at the administrative level conflicted with the principles of meritocracy and other principles that their legislative actions were based upon.324 The Lebanese Forces were also criticized for condoning the corrupt behavior of their allies in government, and failing to take action when they could have witnessed abuse of public office for private gain. In Colombia, the new Constitution that the M-19 prides itself on spearheading, was certainly not the result a single-handed initiative but rather the outcome of a number of developments, most notably the student-led civic movement that requested the s\u00e9ptima papeleta leading to the convocation of a National Constituent Assembly. Party members\u2019 individualism was not the best example of democratic behavior and indicated a tendency to put their own interest ahead of the party\u2019s. Nonetheless, the unequivocal democratic measures and rights-driven initiatives that were undertaken by these parties leave no doubt as to their democratic intentions. Above all, they clearly demonstrated that the war-focused military organizations had successfully yielded political ones. Their sustained efforts to elevate human rights and improve education, healthcare, the judiciary, and citizens\u2019 wellbeing in general, testify to their strong and sustained commitments to violence-free and more democratic societies. The next chapters will look at the factors that might have contributed to these parties\u2019 behavior. We will look Challenges-for-More-and-Better-Jobs-in-El-Salvador-An-Integrated-Approach.pdf 322 Independent. (2016). 10 reasons not to cast a vote for Sinn F\u00e9in independent.ie. sinn-fein-34471327.html 323 Ambassador McCoy, G. (2022). Interview with the author [Interview]. 324 Ayoub, H. (2022). Author's interview with the Chief Editor of 180post.com [Interview]. 119 at both the external and internal factors that could have affected their development and turned them into drivers of change. 120 121 3 define exogenous factors as elements that are beyond the control of the party and generate circumstances that can condition or contribute to conditioning the life of the party, its evolution, success, and achievements. The list of exogenous factors analyzed in this research is not exhaustive but includes those factors what believe could have affected the ability of the political institution to perform the way it did. The factors considered are: 1. The peace agreement, the process that follows; 2. The electoral system and electoral performance; 3. The political environment; 4. Alliances and international support; 5. Previous political experience. While these factors are all important elements in the rebel-to-party transformation, they impacted the political parties under review in different ways. Peace agreements were crucial for moving past the conflicts. But while essential for halting the fighting and facilitating a successful transition, the peace agreements and the processes that followed, had limited consequences on party development. Central to the success of any political party, good electoral performance obviously reflected the parties\u2019 popularity and political relevance, and allowed them to fulfill their representative roles in democracies. But while important for party survival, lack of electoral success did not impede party contribution to the democratization process. Political stability helped create environments where parties could more easily carry out their duties. Whether financial or logistical, international support, greatly impacted the post-insurgent parties\u2019 political outreach and capacities as they endeavored to reinvent themselves as peaceful political players. Lastly, previous political experience played a crucial part especially at the time of the transition as it determined these 122 groups\u2019 ability to successfully integrate the political scene. Undoubtedly, the above- mentioned elements impacted the parties in varying ways, but while they often played crucial roles -some more than others- in helping the parties thrive and succeed, none of these factors seems to have fundamentally impacted their willingness -or ability- to push the boundaries of democratic practices at the national level Peace agreements are known as the documents that formally end a conflict and lay down the terms of the rebuilding in the post-conflict setting. They take many shapes and forms and have a wide range of outcomes.325 Some scholars view the substance of the peace agreement as central to the unfolding of post-conflict developments, resulting in either a durable peace, setbacks, delays, or even resumption of conflicts. Others view peace agreements as one of many stages, leading to improved conditions that facilitate the transition from war to peace.326 The impact of the content of the peace accords on the development and the achievements of the political parties addressed in this research is wide-ranging. What seems to have played a more important role however is the official endorsement of these deals through ratification (or rejection) of the texts of the agreements. Indeed, many party members interviewed for this study observed that the text of the peace accords had little influence on the evolution of 325 Yawanarajah, N., & Ouellet, J. (2013). Peace Agreements 326 Arnault, J. (2006). Good Agreement? Bad Agreement? An Implementation Perspective. Center of International Studies Princeton University. 123 their parties, their achievements, or their future electoral success. Nonetheless, most reported that government/legislative support for the peace deals, not only ended the fighting but also helped the emerging parties lead a more successful political life. This is particularly interesting given the fact that the agreements\u2019 circumstances and contexts varied widely. In El Salvador, the peace agreement sealed a deal between the government and a guerrilla, in Lebanon, the agreement was the result of a settlement between different political actors, in Ireland, the peace deal comprised a Multi-Party and a British-Irish agreements, and finally in Colombia, the peace agreement was a political agreement signed between the government, the guerrilla, and various parties but was ultimately not endorsed by congress M-19 The Political Agreement Signed by the national government, the political parties, the M-19, and the Catholic church - as moral and spiritual guardian of the process- the Acuerdo Pol\u00edtico [Political Agreement] formally ending the armed hostilities between the Colombian government and the M-19 guerrilla, was sealed on March 9, 1990.327 The agreement marked the beginning of the M-19 transformation from an armed group to a political party, which would also influence other armed insurgencies to seek the path of negotiated settlement and ultimately transform into peaceful political actors.328 The settlement announced the demobilization of all guerrilla members and offered to facilitate the incorporation of former combatants into civilian life. In addition, the peace deal proclaimed the creation of a one-time only special circumscription for peace, the introduction of an electoral reform, the expansion of parliamentary 327 National government, Political parties, M-19, & The Catholic Church. (1990). Acuerdo Pol\u00edtico- Multiparty agreement. 328 Dur\u00e1n, M. G., Hormaza, O. P., & Loewenherz, V. G. (2008). The M-19's Journey from Armed Struggle to Democratic Politics. Striving to Keep the Revolution Connected to the People (Resistance/Liberation Movements and Transition to Politics, Issue. 124 representation for minorities, and the creation of an advisory commission for the reform of the Colombian justice system. The agreement also granted pardon to guerilla members.329 It is noteworthy that a constitutional reform bill including the political reforms that formed the basis of the peace agreement had been rejected by the Colombian Congress four months before the M-19 signed the peace agreement. Simultaneously waging a war against drug trafficking, the government had linked the implementation of this political pact to a constitutional proposal that contained reforms aimed at combating narcotrafficking which included the institutionalization of extradition. The contentious issue of extradition became a major point of difference between Congress and the Government which had a fateful effect on the reform.330 In a significant way, the collapse of the reform had removed the legal basis of the Political Agreement -by which the M-19 had agreed to lay down its arms. Notwithstanding this important setback, the M-19 publicly reaffirmed its intention to remain committed to peace. In September 1990, the guerrilla held its 10th and last national conference during which it was agreed that the insurgency would give up its weapons, reintegrate civil life, and create a legal political movement.331 Implications Despite its collapse in Congress, the Political Agreement is widely regarded as an important step in the country\u2019s evolution towards a new social contract. Notably, the agreement allowed former members of the M-19 guerrillas to run for elections enabling the movement to act as a leading force in the National Constitutional Assembly that was entrusted with the important task of re-writing the Constitution. Crucially, the 1991 Constitution also conceived as a political pact, helped address the deep-rooted problems that impeded democratic 329 National government, Political parties, M-19, & The Catholic Church. (1990). Acuerdo Pol\u00edtico- Multiparty agreement. 330 Dur\u00e1n, M. G., Hormaza, O. P., & Loewenherz, V. G. (2008). The M-19's Journey from Armed Struggle to Democratic Politics. Striving to Keep the Revolution Connected to the People (Resistance/Liberation Movements and Transition to Politics, Issue. 331 Villamizar, D. (2017b). Interview with the author [Interview]. 125 institution building, and consolidated respect for human rights in Colombia.332 The peace treaty\u2019s rejection by Congress however, stripped the agreement of its legal basis and dealt a massive blow to the government\u2019s counterinsurgency efforts. But despite its collapse, the Political Agreement would have served as a catalyst for a revolutionary reform and for the demobilization of the M-19 guerrilla and several other Colombian armed groups The Chapultepec Agreement About two years after the M-19 demobilization, the Salvadoran government and the guerilla signed a peace agreement in Mexico, marking the end of a more than a decade civil war. Two major events had convinced the warring parties that the time for peace dialogues was ripe: an staged offensive in affluent neighborhoods of San Salvador causing waves of panic amongst elite Salvadorans; and the Salvadoran military\u2019s murder of several people including six Jesuit scholars, on the grounds of the Jos\u00e9 Sime\u00f3n Ca\u00f1as Central American University. The resulting peace talks lasted two years and culminated with the Chapultepec accords signed on January 16, 1992 in Mexico City.333 The provisions contained in the agreement aimed at mitigating economic and social inequalities by addressing the root causes of the conflict. The accord called for land distribution, the democratization of political practices and a reform of the military, placing it under civilian control. The negotiating parties also provided for a comprehensive reform of the justice and electoral systems. The agreement included provisions for the political participation of the and for a final ceasefire with the disarmament, demobilization and reintegration of the armed groups.334 332 Thornhill, C., & Rodrigues de Ara\u00fajo Calabria, C. (2020). Global Constitutionalism and Democracy: The Case of Colombia. Jus Cogen, 2, 155-183. 00024-z 333 Wade, C. (2007). El Salvador: The Success of the FMLN. Lynne Rienner Publishers 334 and Salvadoran Government. (1992). Acuerdos de Chapultepec. Ciudad de Mexico 126 Implications Designated \u201ca revolution achieved by negotiation\u201d, by the U.N. Secretary-General Boutros Boutros-Ghali, the Chapultepec agreement introduced groundbreaking reforms while preserving constitutional order.335 In addition to ending the conflict, the accord laid the basis for the democratization of the government, political demilitarization, and the FMLN\u2019s transformation into a political actor.336 With hindsight however, many observers would point out to the Chapultepec agreement limitations. One of the document\u2019s biggest drawbacks is said to be its failure to address a reform of the economic model. Looking back, Ana Guadalupe Martinez argued that many of the agreement\u2019s valuable initiatives could not be completed because the economic model remained unchanged. Having won the elections, the government had established that any change to the economic model had to be agreed on democratically, an ambition that was never achieved.337 Some leaders would recognize that, despite its undisputed contributions, the peace agreement was no magic bullet.338 One such detractor is former vice-minister of justice Juan Javier Mart\u00ednez who would even assert that the agreement\u2019s sole achievement was bringing the conflict to an end. As he declared, \u201cThe only thing the agreement did was end the war. Now, another reform is needed to bring about real change. The agreement was a pact for a new nation with international support, now we need a new pact with international support to get out of this crisis.\u201d339 Despite the many criticisms, the profound transformations that followed the accord leave no doubt as to the impact of the U.N.-brokered agreement on Salvadoran political life. The Chapultepec agreement would totally disrupt the prevailing order and bring radical constitutional changes that introduced civic and political rights that were totally absent from the country\u2019s judicial and political landscape before 1992. 335 Holiday, D., & Stanley, W. (1993). Building the Peace: Preliminary Lessons from El Salvador. Journal of International Affairs, 46(2), 415-438. 336 Mart\u00edn \u00c1lvarez, A. (2011). De guerrilla a partido pol\u00edtico: El Frente Farabundo Mart\u00ed para la Liberaci\u00f3n Nacional (FMLN). Historia y Pol\u00edtica, 25, 207-233. 337 Mart\u00ednez, A. G. (2018b). Interview with the author [Interview]. 338 Mart\u00ednez, J. J. (2018). Interview with the author [Interview]. , Mata, R. (2018). Interview with the author [Interview]. 339 Mart\u00ednez, J. J. (2018). Interview with the author [Interview]. 127 F\u00c9IN The Belfast Agreement Overwhelmingly endorsed by a referendum on May 22 1998, the Belfast agreement, paved the way for important changes in both the Republic of Ireland and Northern Ireland. Primarily, the document provided for a mechanism -approved by the British government- by which the Irish people would have the authority to decide on the fate of a United Ireland. It also proposed and supported amendments to the Irish Constitution and clauses for incorporation in British legislation relating to the constitutional status of Northern Ireland. In addition, the agreement provided for the creation of democratic institutions in Northern Ireland safeguarding the rights and interests of all sections of the population and ensuring that key decisions are taken on a cross-community basis. The document set up a new cross- border Ministerial Council tasked with developing and coordinating actions on matters of shared interest across the Island, and a British-Irish Council aimed at promoting policies beneficial to all the people living on these islands special section was dedicated to human rights, including the creation of special institutions and the commitment to various actions aimed at safeguarding civil rights and religious liberties. Participants also committed to full disarmament and a reform of the security, policing and justice systems to ensure effectiveness, fairness and impartiality. An accelerated program for the release of prisoners was put in place, protecting the rights of prisoners and assisting them both prior and after the release.340 In addition, the negotiated settlement instituted a power-sharing arrangement between Unionists (represented by the Democratic Unionist Party-DUP) and nationalists (represented by Sinn F\u00e9in). This arrangement collapsed and was restored on multiple occasions, most notably in 2006 with the signature of St Andrews agreement. 340 Signed by British and Irish Government after multi-party talks. (1998). The Northern Ireland Peace Agreement. United Nations Peacemaker: United Nations Retrieved from d%20Agreement.pdf 128 Implications The Good Friday agreement brought an end to decades of violence in Northern Ireland forcing the warring parties to agree on a peaceful way forward, and work together for the common good.341 Establishing a system of checks and balances, the agreement instituted safeguards to protect the rights and interests of all sides of the community, ensuring that all sections of the community work together and are equally protected.342 The peace accord also brought some economic success to Northern Ireland, encouraged cross-border exchanges, and partly restored trust in policing with the implicit consent of the public.343 Lastly, the signature of the peace treaty created an atmosphere conducive to the peaceful settlement of disputes that set the stage for future disarmament.344 Providing for the establishment of programs aimed at promoting North-South cooperation and cross- community initiatives, \u2018Peace Funds\u2019 \u2013 mostly targeting children and young people- were created to build cohesion between the communities and promote economic and social stability.345 Those included funds to help ex-prisoners set up projects, and initiatives fostering cross-community collaboration between youth to prevent the development of violence.346 In retrospect, as in the other cases, the Good Friday agreement was no panacea as both sides would often choose to disregard many of its provisions and brush aside political decisions that required cross-community consensus. As time passed, polarization and political stagnation would frequently be blamed on the nature of the agreement. The appointment of a Justice Minister for example would often develop into a political issue. According to Whysall, one of the most essential elements of the document, the provision that consecrated the principles of mutual respect and was designed as a safeguard for social cohesion was 341 Whysall, A. (2015). Northern Ireland 1.01 a revision class for those with a sense of d\u00e9j\u00e0 vu. Constitution Unit. 342 Walsh, S. (2017). Author's interview with Seanna Walsh [Interview]. 343 Whysall, A. (2015). Northern Ireland 1.01 a revision class for those with a sense of d\u00e9j\u00e0 vu. Constitution Unit. 344 Walsh, S. (2017). Author's interview with Seanna Walsh [Interview]. 345 European Parliament. Northern Ireland Programme. 346 \u00d3 Hadhmaill, F. (2022b). Interview with the author [Interview]. 129 largely ignored. To Whysall, disrespect of the concept of \u2018parity of esteem\u2019 led to much polarization and to an increase in partisanship which in turn generated political deadlocks. Since 2016, divisions over Brexit exacerbated an already delicate situation and brought discontent on both sides of the divide.347 Despite these setbacks, the document is largely believed to have been beneficial to both sides and to the society as a whole. Party activist and former prisoner Jim Gibney remarked that the agreement didn\u2019t favor any section of population, instead, it brought reassurances to both Catholics and Protestants. As he explained, \u201cYou could not describe it as a document favoring one party over another\u2026 It contains many elements that dealt with human rights and equality and those are important issues that served the interests of all the people in the island.\u201d348 In fact, the agreement did generate a national identity that would become evident a few years later with the emergence of an important segment of the society claiming allegiance to none of the two major trends.349 2018 survey indicating that 50% of Northern Irish identified as neither Unionist nor Nationalist -a 20% increase from a similar survey 20 years earlier- suggested a clear evolution in people\u2019s political identity, the \u201cneither\u201d population indicating that they wouldn\u2019t necessarily rally behind any political party.350 The recent rise of the Alliance Party of Northern Ireland (APNI), a centrist, interdenominational, non-aligned party that rejects nationalist and Unionist labels, would confirm this trend. Attracting members from both the Catholic and Protestant communities, the Alliance party seeks middle ground, perhaps best symbolizing the \u2018new beginning\u2019 that the Good Friday agreement had aimed for. 347 Whysall, A. (2015). Northern Ireland 1.01 a revision class for those with a sense of d\u00e9j\u00e0 vu. Constitution Unit. 348 Gibney, J. (2019). Author's interview with Jim Gibney [Interview]. 349 Walsh, S. (2017). Author's interview with Seanna Walsh [Interview]. 350 BBC.com. (2019 Survey Suggests 50% Neither Unionist nor Nationalist 130 The Taef Agreement Signed in October 1989, the Taef agreement mandated the ending of the war, political reforms, the establishment of special relations with Syria, and a framework for the beginning of complete Syrian withdrawal from Lebanon.351 While not altering the political structure of the Lebanese system -based upon sectarianism- the agreement created a more balanced and more equitable confessional system. It is noteworthy that one of the most significant parties to the conflict, the General Michel Aoun objected to the agreement and refused to comply with its provisions.352 The Lebanese Forces reluctantly approved the Taef agreement as a lesser evil than the absence of an agreement, hoping that the settlement would stop the war and start the rebuilding of the State. Those hopes were vain as the fighting quickly resumed. After a fierce battle opposing the General Aoun\u2019s army and the Lebanese Forces, and a Syrian attack of the Lebanese presidential palace ousting the General, the fighting would eventually come to a halt by the end of October 1990. The Taef agreement would ultimately bring some stability to the country and restore a fairly functioning democracy.353 Implications The Taef accord between the Lebanese government and the various warring parties laid the foundation for reconciliation in a society consumed by war and sectarian violence. Despite changing the power-sharing formula at the expense of Christians, the Lebanese Forces perceived the peace settlement as an opportunity to finally turn the page of hostilities and start a new chapter in their protracted battle. Despite their initial reservations, they eventually embraced the new deal seeing it as a necessary undertaking to restore the balance of power in a more equitable way. According to the head of the university professors\u2019 body 351 Presidency-website. The national accord document- The Taef agreement. 352 Stedman, S. J., Rothchild, D. S., & Cousens, E. M. (2002). Ending civil wars : the implementation of peace agreements. Lynne Rienner. 353 Moumni, N. (2014). The Lebanese Forces. Al Kuwwat al Lubnaaniyya, Nach'at al Mukawamat al Maseehiyya wa Tatawwuraha. Dar Sa'er al Mashrek. 131 at the LF, Wissam Raji the party didn\u2019t perceive the accord as a dissolution of Christian privileges but rather as an adjustment to the way power was exercised in the country. As he explained, \u201cTaef transferred power from one person to a group of people.\u201d This shift in power he argued, forced Christians to exert power in a more equitable way and pay heed to the new equilibrium of forces, which ultimately led them to become more mindful of the other communities\u2019 needs.354 As it happens, very few elements of the Taef agreement actually materialized and with time, the new power-sharing system generated more tensions and deadlocks. Syrian troops remained in Lebanon until 2005 emasculating the opposition, interfering in government decisions and in elections, and brazenly designating presidents and prime ministers.355 Even after the Syrian troops\u2019 withdrawal, Syria\u2019s direct and indirect interference lingered for many years.356 The agreement\u2019s unchanged confessional power-sharing formula hampered progress, facilitated corruption, and perpetuated instability and deep divisions.357 In sum, largely ignored by the political authorities, the Taef agreement helped stop the war but failed to rebuild the state. The new power-sharing formula diffused power, making it difficult to pinpoint responsibility and hold anyone responsible for poor governance and bad administration.358 direct correlation between the peace-sealing documents and the evolution of the parties that emerged from conflict is hard to establish. Despite their obvious benefits, these negotiated settlements faced challenges and contained their share of imperfections and shortcomings. Far-reaching from a historical point of view, the agreement with the M-19 in 354 Raji, W. (2019). Author's interview with Wissam Raji [Interview]. 355 Salem, P. (2006). The future of Lebanon. Foreign Affairs, 85(6), 13-22. 356 Salloukh, B. (2005). Syria and Lebanon Brotherhood Transformed. Middle East Research and Information Project (MER), 236. 357 Raji, W. (2019). Author's interview with Wissam Raji [Interview]. 358 Bahout, J. (2016). The unraveling of Lebanon's Taef Agreement: Limits of Sect-Based Power Sharing. limits-of-sect-based-power-sharing-pub-63571 132 Colombia had little influence on the future development of the emerging party and carried no significance with regard to the party\u2019s contribution to the changes that saw the light in the early 90s. The Taef agreement was similarly inconsequential with respect to the evolution of the Lebanese Forces and its future achievements. Reluctantly approved and poorly implemented, the agreement\u2019s impact on the policy direction and political orientations of the is at best negligeable. The same holds true for the Good Friday agreement, many of its provisions having been largely ignored. And while many of the agreement provisions were vital to end the troubles, the settlement cannot be credited for Sinn F\u00e9in\u2019s achievements in the post-agreement period. In El Salvador, the peace agreement was a fateful moment in the country\u2019s history, bringing about much-needed changes. An evaluation of the content of, and circumstances around the peace agreements shows that the content of these peace settlements had little influence on these parties\u2019 evolution and ability to undertake the many reforms that they are credited for Disarmament, demobilization and reintegration, otherwise known as DDR, is a process aimed at removing weapons from the hands of former combatants and helping them reintegrate society as active participants in the peace process sets the stage for these individual\u2019s safe return to their communities and addresses the needs of both the communities and the ex-combatants to create the right conditions for a sustainable peace.359 Political will and national buy-in are considered essential to the success of DDR. Also associated to that success is the implementation of an integrated recovery strategy that takes 359 Peacekeeping. Disarmament, Demobilization and Reintegration. 133 into consideration economic development, security sector reform, the integration of refugees and internally displaced persons, and justice and reconciliation.360 Despite a few setbacks, the disarmament operations that accompanied demobilization in all four cases studied are largely considered successful. In most cases however, rehabilitation posed many challenges. The reintegration programs either lacked clarity or left many outside the rehabilitation process which, in a number of instances, led to widespread discrimination or stigmatization. This situation prompted the political parties to play a central role in assisting the demobilized. Transitional justice mechanisms were established in Ireland and El Salvador. But while the National Reconciliation Act in El Salvador had provided a limited amnesty, excluding individuals involved in serious human rights violations; in Ireland, the peace agreement didn\u2019t provide for an amnesty for crimes committed during the troubles. In Lebanon and Colombia, armed groups were granted either amnesty or pardon. While the specter of prosecution loomed in Ireland, and to a lesser extent in El Salvador -casting uncertainty over the political future of the party leaders- the conditions created by these uncertainties don\u2019t seem to have impacted the parties\u2019 ability to deliver on the democratic front M-19 In Colombia, law 77 of 1989 granted former guerrilla members judicial forgiveness. This law of amnesty and pardon was regulated by a decree in 1991, allowing the Colombian government to grant pardon or amnesty to Colombian nationals for crimes committed before the promulgation of the decree. The granting of pardon or amnesty would be contingent upon the government\u2019s ruling on the good conduct of the guerrilla group to which the individual belonged to.361 To further protect former guerrilla members, Law 7 of 1992 was 360 IPA, I. P. A. (2002 Framework for Lasting Disarmament, Demobilization, and Reintegration of Former Combatants in Crisis Situations. content/uploads/publications/framework_for_ddr.pdf 361 Ministerio de Gobierno. (1991). Decreto 213 de 1991. Ministerio de Gobierno: Diaro Oficial 134 enacted at a later stage after judge Clemencia Garc\u00eda de Useche threatened to prosecute the former guerrilla members for crimes against humanity, referring to the capture of the Palace of Justice by members of the M-19 in November 1985.362 Serious efforts were made by both the government and the former guerrilla to reintegrate and rehabilitate ex-combatants.363 reincorporation program for former combatants was established through the Presidential Council for Reconciliation, Normalization and Rehabilitation. The model insured standardization, which referred to the guarantees and principles of favorability for the demobilized; rehabilitation, focusing on the populations affected by the conflict; and reconciliation, which concentrated on the reintegration of former combatants. The government of C\u00e9sar Gaviria Trujillo (1990-1994) continued the process, issuing Decree 2884 of 1991, which created the presidential program for reintegration. 3,287 demobilized individuals, many of whom were former M-19 members, benefited from this program.364 Secondary education was offered to former combatants and an education program -expanded to benefit citizens who did not belong to the demobilized community- was established.365 In addition, the government set up an economic reintegration program focusing on micro-entrepreneurship. The program granted funds to participants to cover housing and help ex-combatants continue their education and start their own business. This latter initiative was met with limited success as most participants lacked entrepreneurial skills and couldn\u2019t carry out their projects successfully.366 362 El Congreso de Colombia. (1992). Ley 7 de 1992 (Julio 3) Por la cual se dictan algunas disposiciones en materia de procedimiento penal. Diario Oficial. Caracol Radio. (2015). Conozca las leyes que indultaron al M-19. Caracol Radio. 363 Gonz\u00e1lez Posso, C. (2018). Author's interview with Camilo Gonzales Posso [Interview]. 364 Giraldo G\u00f3mez, S. (2010). Contextualizaci\u00f3n te\u00f3rica e hist\u00f3rica de la reintegraci\u00f3n social y econ\u00f3mica de desmovilizados en Colombia. In. 365 Villamizar, D. (2017b). Interview with the author [Interview]. 366 M\u00e9ndez, M. L., & Rivas, \u00c1. (2008). Alternativas de generaci\u00f3n de ingresos para desmovilizados: El Programa de reinserci\u00f3n a la vida civil y la Alta Consejer\u00eda para la Reintegraci\u00f3n Fundacion Ideas para La Paz- Informes FIP, Serie Informes No. 5. 135 Despite a number of shortcomings, many former M-19 combatants indicated that the reinsertion process was fairly successful.367 According to Navarro, for the most part, former fighters found their place in civil life and very few went back to arms. As he pointed out, \u201cThe majority of us integrated into society with more or less income have a life that is quite good and successful, others did not do so well, some of us went abroad, but very few returned to the mountains.\u201d368 It should be noted that despite the general success of the demobilization, in 1995, an M-19 dissidence called Guerrilla Jaime Bateman Cay\u00f3n (named after the founder of the M-19) was created and carried out several armed operations until 1998. That dissidence was short-lived and quickly absorbed by the larger guerrilla.369 As a result of the peace process, the Salvadoran 1992 Law of National Reconciliation offered amnesty for war crimes in accordance with international law which excluded those responsible for genocide and crimes against humanity. However, the publication of the Truth Commission in 1993 attributing 80% of the crimes committed to government forces, prompted an emergency response. The party, in control of the legislative assembly, rushed to unilaterally pass the amnesty law of 1993, overriding many aspects of the 1992 law in particular the exceptions that permitted the prosecution of those involved in massacres and egregious crimes.370 This law also incidentally protected leaders identified in the Truth Commission as being responsible for serious crimes, from being prosecuted. It\u2019s only in 2016, after almost half a century of impunity that, in a historical ruling, a Constitutional Court declared the 1993 law on general amnesty unconstitutional.371 367 Navarro, A. (2018). Author's interview with Antonio Navarro [Interview]. , Villamizar, D. (2017b). Interview with the author [Interview]. 368 Navarro, A. (2018). Author's interview with Antonio Navarro [Interview]. 369 Villamizar, D. (2017b). Interview with the author [Interview]. 370 Dolliver, K., Kanavel, S., & Robeck, D. (2013). El Salvador's Amnesty Law monument to impunity? amnesty-2013.pdf 371 OHCHR, U. N. H. R. O. o. t. H. C. (2020). Justice delayed but not denied: transitional justice in El Salvador 136 The ruling led to the Salvadoran parliament agreeing to suspend the controversial bill in 2019.372 Focusing mainly on demobilization and demilitarization -both measures considered a priority for true reconciliation- the Chapultepec agreement largely overlooked the reintegration of former combatants. The document lacked clarity as to how reintegration would take place which prompted the government to develop a five-year \u201cNational Reconstruction Plan\u201d aimed at providing technical and material support as well as university scholarships to ex-combatants. However, these programs along with land transfers to ex- combatants and civilians didn\u2019t answer expectations, having been poorly planned and reaching only a fraction of the initial beneficiaries.373 The land transfer program, was considered a central demand by the guerrilla forces. In a land-scarce country, the program was linked to what was considered a \u2018reconstruction of identities\u2019 aimed at helping former combatants resettle with their families and socially reintegrate. Hampered by administrative and technical problems, the program was a particular disappointment to former combatants who saw their promise for a better future sacrificed. According to Mata both the and governments share responsibility for the shortcomings of the reinsertion programs. In the initial period after peace was sealed, obstructions from the government and financial limitations hampered the process. When the came to power, it strived to pass the reinsertion programs into laws, paying special attention to the veterans\u2019 families and their descendants. But technical problems - such as the granting of infertile land- and incompetence -including lack of technical skills- hindered the implementation. .374 Furthermore, severance pay of one year\u2019s salary to 372 Renteria, N. (2019). El Salvador wartime parties suspend controversial amnesty bill. Reuters. 373 Segovia, A. (2009). Transitional Justice and DDR: The Case of El Salvador. 374 Mata, R. (2018). Interview with the author [Interview]. 137 demobilized members of the military and security forces -a relief measure planned for in the agreement- was only paid to one third of ex-soldiers causing resentment and frustration.375 In addition to rehabilitation, the Salvadoran peace accords committed to some aspects of transitional justice for the purpose of revealing past wrongdoings and promoting national reconciliation. These measures included the creation of a Truth Commission tasked with investigating serious acts of violence; an ad hoc Commission to study the human rights record of the armed forces; the adoption of measures, mainly legislative, aimed at guaranteeing ex-combatants\u2019 full reintegration into civil life; the reform of the security forces, putting it under the direction of civilian authorities; and a reform of the judicial system making it more competent and more independent.376 While achieving some results such as the vetting of the armed forces and some institutional reforms, transitional justice failed to bring justice to the victims of the conflict. Despite the Ad Hoc Commission\u2019s submission of an extensive report on the human rights record of high-level officers, prosecutions were limited as both the government and the secretly negotiated respective amnesties.377 The disbanding of the Lebanese militias, a recurrent theme throughout the Lebanese war, was made possible after the ratification of the Taef agreement in March 1991. With the exception of the Hezbollah, the South Lebanon Army (SLA), and the Palestinian militia groups, all militias in Lebanon were disarmed by April 30, 1991. After initially opposing the government decision to demobilize all militias, the Lebanese Forces complied with the requirements, sold its armament (unsuccessfully trying to stow away some of it) and 375 Segovia, A. (2009). Transitional Justice and DDR: The Case of El Salvador. 376 and Salvadoran Government. (1992). Acuerdos de Chapultepec. Ciudad de Mexico 377 Segovia, A. (2009). Transitional Justice and DDR: The Case of El Salvador. 138 reintegrated some of its combatants in the Lebanese Army.378 According to Picard, the reincorporation of the Lebanese Forces into the army was largely unsuccessful due in part to the former militia\u2019s ambitious demands but also to the army\u2019s reluctance to integrate former combatants given their belligerent history.379 Often perceived as having a militant and combative disposition, former militia members were persecuted in a deliberate manner.380 This active discrimination was compounded by the government\u2019s lack of preparedness to handle the post-conflict challenges.381 Neglected by the authorities, the Lebanese Forces\u2019 management strived to secure jobs for its militants making every possible effort to reintegrate them into their communities. Individual and group efforts from supporters and sympathizers provided financial assistance to those in need and helped them regain confidence and find a place in civilian life.382 Many of the former combatants who couldn\u2019t emigrate or chose to remain in the country became largely reliant on family members and the former militia network for social and economic reintegration.383 When asked about their experience transitioning into civil life, many interviewees expressed their gratitude for the party\u2019s efforts despite the many challenges faced. Badaro credited much of the positive outcomes to the party leader who, he said, never abandoned the veterans and made sure the old generation was cared for and not stigmatized. In Badaro\u2019s words, \u201cSamir Geagea, did an excellent job integrating the pre-political era combatants. He established an integration plan that is still ongoing. He didn\u2019t do it in a brusque manner and was careful to avoid clashes between the old and the new generation think this part of the reintegration efforts was pretty successful\u201d.384 But despite the enormous efforts, several thousand former militants remained outside the reintegration 378 Moumni, N. (2014). The Lebanese Forces. Al Kuwwat al Lubnaaniyya, Nach'at al Mukawamat al Maseehiyya wa Tatawwuraha. Dar Sa'er al Mashrek. 379 Picard, E. (1999). Prospects for Lebanon. The demobilisation of the Lebanese Militia. 380 Zarifeh, F. (2019). Author's interview with Fady Zarifeh [Interview]. 381 Badaro, R. (2017). Author's interview with Roy Badaro [Interview]. 382 Picard, E. (1999). Prospects for Lebanon. The demobilisation of the Lebanese Militia. 383 Karam\u00e9, K. (2009). Reintegration and the relevance of social relations: the case of Lebanon Conflict, Security and Development, 9(4), 495-514. 384 Badaro, R. (2017). Author's interview with Roy Badaro [Interview]. 139 process. Fearing for their lives, some former militants not covered by the amnesty, chose to flee the country fearing retaliations.385 The Taef agreement didn\u2019t include any amnesty provisions however, more than two years after the signature of the agreement, the Lebanese government issued a much-criticized amnesty law with the goal of turning the page on hostilities and beginning a new chapter in the country\u2019s political history. With a few exceptions, the General Amnesty Law No. 84/91 granted general amnesty for crimes committed before March 28, 1991.386 Widely regarded as a symbol of impunity and an arrangement that favored peace at the expense of justice, the amnesty law granted general amnesty to all militias and armed groups.387 F\u00c9IN The decommissioning of weapons was initiated in October 2001, a process that lasted until September 2005, when the Independent International Commission on Decommissioning (IICD) officially announced the completion of the hand-over of weapons. The demilitarization of the is generally considered one the most complex issues of the peace process and years that followed complete disarmament became a condition for the Unionists to negotiate with, and later sit in government with Sinn F\u00e9in, which ultimately led to crippling government operations and the suspension of many institutions of the devolved government. 388 In contrast to the three other cases considered in this study, the Good Friday agreement didn\u2019t provide for an amnesty for crimes committed during the troubles. According to party member and former prisoner F\u00e9ilim \u00d3 hAdhmaill, the absence of amnesty created a delicate 385 Picard, E. (1999). Prospects for Lebanon. The demobilisation of the Lebanese Militia. 386 Amnesty.org. (1997). Lebanon: Human Rights Developments and Violations. 387 ICTJ, I. C. f. T. J. (2014). Failing to Deal with the Past. What Cost to Lebanon? 388 Archives. Irish Peace Process - Brief Note on Decommissioning Ulster University. 140 situation for ex-combatants as people formerly involved with the armed organization remained subject to prosecution for offenses that occurred during the armed conflict, if uncovered. \u00d3 hAdhmaill, who was himself convicted with conspiring to cause explosions, explained that this situation led to many former members being extremely discreet about their past unless already charged and jailed. He explained, \u201cIt\u2019s a different type of peace process. People prefer to say that they were involved in the republican movement because the republican movement is seen as the broader movement that may include being a member of the Sinn F\u00e9in which is a legal organization.\u201d389 As is often the case with peace-sealing documents, the Good Friday agreement didn\u2019t shield former members from criminalization and media harassment. It frequently happened that former prisoners were discriminated against and met with distrust, stigma and rejection.390 \u00d3 hAdhmaill related that to this day, former members with a criminal record receive unequal treatment when applying for certain job positions, or if seeking certain services. As he reported, \u201cIf you want access to insurance policies or if you want a job with children or people with disabilities you have to get a police check and, depending on the organization, you might improve or lower your chances of being hired.\u201d He reported that the way former prisoners are perceived varies considerably. Their location usually determines their social status which can vary from hero to terrorist. He explained, \u201cThe reason why work at the University College in Cork which is a prestigious university, one of the best in Ireland, is because it regards me as having been in jail because of the conflict, they do not see me as a criminal. But in the North of (the republic of) Ireland it would be difficult for me to get a university job because they would see me as a criminal or a terrorist.\u201d391 389 \u00d3 hAdhmaill, F. (2019). Author's interview with F\u00e9ilim \u00d3 hAdhmaill [Interview]. 390 Shirlow, P., Graham, B., McEvoy, K., F\u00e9ilim, \u00d3. h., & Purvis, D. (2005). Politically Motivated Former Prisoner Groups: Community Activism and Conflict Transformation. In. Research Gate: N. Ireland Community Relations Council. 391 \u00d3 hAdhmaill, F. (2019). Author's interview with F\u00e9ilim \u00d3 hAdhmaill [Interview]. 141 Similar to what happened in Colombia and El Salvador, an organization aimed at improving the lives of former Republican prisoners and their families was established in 1998. Funded by the European Peace Fund and operating throughout the island, the Coiste Na N-Iarchimi, still employs 65 full-time workers and numerous volunteers. According to the institution\u2019s website, the organization\u2019s main projects include legal initiatives to fight discriminatory practices and injustice against former political prisoners, support and counseling services, as well as educational and peace building projects among other things.392 With the support of Sinn F\u00e9in and Coiste Na N-Iarchimi, former republican prisoners found community and personal support, an assistance that was highly effective and far more productive than the one received by their loyalists counterparts.393 The Good Friday agreement didn\u2019t contain any formal transitional justice mechanisms however, a number of other subsequent agreements addressed the issues of victim reparation, and reconciliation. These agreements include the Weston Park Agreement (2001), the St Andrews (2006), and the Hillsborough Agreement (2010). These documents sparked a considerable number of national initiatives such as truth-telling, public apologies, memorials and reconciliation programs that contributed to recovering the truth and alleviating the pain of those that have suffered from of NI\u2019s violent past.394 The peace agreements and processes described above differ significantly from case to case. The demobilization, type of clemency, rehabilitation, and transitional justice systems applied in these cases were markedly different and had different implications on the 392 Anna Lindh Foundation. Coiste Na Nlarchim\u00ed. 393 Shirlow, P., Graham, B., McEvoy, K., F\u00e9ilim, \u00d3. h., & Purvis, D. (2005). Politically Motivated Former Prisoner Groups: Community Activism and Conflict Transformation. In. Research Gate: N. Ireland Community Relations Council. 394 Commission-NIHRC, N. I. H. R. (2013). Dealing with Northern Ireland's past Towards a transitional justice approach 142 development of the parties. This is particularly true in the cases of Ireland where the specter of prosecution for crimes committed in the past loomed large. But in all four cases, many problems pertaining to the post-agreement period had the potential to obstruct the parties\u2019 efforts to contribute to social progress and promote democratic practices: Colombia\u2019s failed ratification of the agreement, Sinn F\u00e9in\u2019s declined amnesty, the Lebanese Forces\u2019 banning for several years, and the transitional justice\u2019s failure to ensure fairness in El Salvador. None of these circumstances however has significantly altered the parties\u2019 willingness and ability to push the envelope of democracy promotion at the national level Electoral systems are the rules governing elections, and the methods used to translate votes into election outcomes. The central features of electoral systems are the electoral formula used (majoritarian, plurality, and proportional), the ballot structure, and the district magnitude. Often not deliberately selected, electoral systems are generally a reflection of the political history and special circumstances of each country.395 In Colombia and El Salvador, the electoral systems in place before the transition from war to peace were often described as too favorable to traditional parties, which led to bringing important changes to the electoral code in Colombia, and to creating important safeguards in El Salvador. Reforms encouraging the formation of new parties in Colombia, and the creation of institutions intended to ensure fair and democratic elections in El Salvador helped the emerging parties compete in more equitable conditions. While the was able to benefit from those changes, the M-19 was less successful. That was partly attributable to its own shortcomings, but also to the traditional parties\u2019 electoral savviness. In Lebanon, an unrepresentative electoral law remained in place for 28 years after the signature of the 395 ACE, t. E. K. N. Electoral Systems. 143 agreement and was replaced by a new electoral code in June 2017. Taking full advantage of the reform, the Lebanese Forces were able to substantially improve their parliament representation. In the case of Sinn F\u00e9in, an already operational and reasonably fair electoral system enabled the party to get its fair share of representation on the island M-19 Before 1991, the history of Colombian political parties had been dominated by the supremacy of two traditional forces, the Conservative and Liberal parties. Colombia\u2019s party system, largely characterized by elitism, clientelism, and abstentionism has long benefited these two parties and prevented the emergence of alternative forces. Ideological considerations being almost totally absent, clientelist practices were the only mechanism through which elite families ensured popular support. From 1958 until the 1970s, real inter- party competition was literally absent and to a large extent, from 1930 to 1991, electoral rules remained fairly unchanged. Towards the end of the so-called Violencia, the 10-year civil war that lasted until 1958, the main rival parties agreed to monopolize power and alternate governments, with mixed cabinet positions, between the liberal and the conservative parties. That arrangement, referred to as the National Front, and meant to last for a period of 16 years starting in 1957, was designed to serve as a political truce between the historically rival parties. While guaranteeing a period of relative peace, the agreement almost completely inhibited political competition. While the National Front ended in 1974, the bases upon which it was created remained unchanged and until 1991, the party system in Colombia retained the same features as before.396 It's only in 1991 with the enactment of the new Constitution, that substantial changes would shake up Colombia\u2019s electoral system. The Constituent Assembly in itself reflected those changes, being co-chaired by a representative of a former guerrilla member, Antonio 396 Taylor, S. L. (2009). Voting amid violence : electoral democracy in Colombia. Northeastern University Press ; Published by University Press of New England. 144 Navarro Wolf, alongside members of the two traditional parties. The Constituyente worked on redistributing certain executive branch powers to the legislature and the judiciary. Under the new constitution, the president, previously elected through a plurality system now required absolute majority with a runoff provision; governors and mayors were to be elected and not appointed; the size of the legislature was contracted; and the Senate was set to be elected from one national electoral district, as opposed to department-based districts. This last reform encouraged the formation of new parties by eliminating malapportionment that worked in favor of traditional parties M-19 in the Electoral Battle In the months following the signature of the peace agreement, a series of elections in Colombia bolstered the new party\u2019s confidence after a remarkable success at the polls. These consecutive elections\u2019 results reflected strong public support for the demobilized guerrilla, but were also the result of exceptional circumstances that distorted the country\u2019s political reality. According to former M-19 member of the Constituent Assembly Otty Pati\u00f1o, the party\u2019s initial outstanding performance at the polls was the result of a series of developments that had generated a unique situation created by exceptional circumstances. As he observed, \u201cPeople thought that the election results were an auspicious beginning for future success but they had underestimated the effectiveness of the \u2018electoral machines\u2019 of the traditional forces that were utilized in the previous elections.\u201d As a new political party, the M-19 participated in several electoral battles achieving outstanding results and raising expectations in unforeseen ways. From a modest but respectable representation in the March 1990 parliamentary elections, the M-19\u2019s vote share grew to 12.5% in the May 1990 presidential elections, followed by a remarkable 27.3% in the 1990 National Constitutional Assembly election.397 In October 1991 however the trend started to change. The elections were held in a different context and the traditional 397 See Registradur\u00eda Nacional del Estado Civil data cited in Boudon, \u201cColombia\u2019s M-19 Democratic Alliance,\u201d p. 78, for December 1990 elections. 145 forces, now aware of the party\u2019s approval rates, were ready to resume the fight, employing their well-established and forcible methods. With its thin electoral experience, the M-19 was caught off guard by the other parties\u2019 skillfulness, and found itself unprepared for the challenge. As Pati\u00f1o explained, the first elections\u2019 results were skewed by a number of factors including low participation and traditional parties\u2019 complacency. While participation in the Constituent Assembly elections was estimated at 26 percent,398 the legislative elections of 1991 saw voter turnout reach 36.5 percent.399 Furthermore, after initially ignoring the former guerrilla\u2019s representative strength, in subsequent elections, the traditional parties corrected course and drove forward with all their power. As Pati\u00f1o reported, \u201cThe first time this competition occurred, during the election of the Constituent Assembly, the traditional parties as an electoral force did not put much effort. In the October 1991 elections, they had to do their utmost or they died. They put everything, everything.\u201d400 Outmaneuvering the M-19, the traditional parties tapped into the new party\u2019s own electoral base, mostly derived from underprivileged sections of the population, and generally prone to manipulation. The party\u2019s electorate was, in Pati\u00f1o\u2019s words, \u2018politically vulnerable\u2019 and became an easy prey for traditional parties who mastered the skills of buying votes.401 By October 1991, the hype around the first successes had started to wane and the gradual decline of the M-19 was set in motion. In many ways, the imbalances in the Colombian electoral system that favored a traditional form of political activity were left unchanged after the 1991 reforms. According to Armando Novoa, former advisor to the M-19 for the Constituent Assembly and magistrate of the National Electoral Council (CNE), the rules of the electoral system, and in particular the 1994 operaci\u00f3n avispa [wasp operation] -an electoral practice that rewarded parties whose candidates engaged in list proliferation- still impeded a healthy competition. Having little experience in electoral maneuvering, the fledgling party impetuously chose to use this 398 Palacios, M. (2006). Between Legitimacy and Violence History of Colombia, 1875-2002. Duke University Press. 399 Barrero, F. (2013). Absencionismo Electoral en Colombia: Una Aproximaci\u00f3n a sus Causas 400 Pati\u00f1o, O. (2018b). Interview with the author [Interview]. 401 Ibid. 146 system, unmindful of the possible implications and overly confident about its popular backing. To Novoa, had a system of closed lists been established, the scenario of the electoral results would have been different. The magistrate argued that the wasp operation allowed traditional parties to recover the majorities they had lost in the Constituent Assembly election and thus maintain their political hegemony. As he observed, \u201cIt was a strategic error attributable to the M-19\u2019s ignorance of political system maneuvering. Traditional parties and traditional politicians knew how to use these rules and applied them thoroughly. The M-19 went from having 19 congressmen to having only one, while traditional parties skillfully managed to recover their majorities.\u201d402 The 1994 electoral decision to run with multiple lists had sounded the death knell for the party. According to former M-19 presidential candidate Antonio Navarro, the initial success was followed by a sharp decline in public opinion due to the way decisions were made in 1994. From that moment on he argued, the party had become unsustainable.403 But while electoral naivety had damaging consequences, broader strategic mistakes also bear a great deal of responsibility in the elections\u2019 outcomes. As discussed in chapter 6, lack of cohesion, absence of discipline, and poor party management would play an important part in the party\u2019s electoral and institutional fortunes. The Laws in Place The 1991 Constitution included measures that facilitated participation and encouraged the formation of small parties.404 However, despite creating conditions for the emergence of new political forces, the reform failed to include provisions that would facilitate the flourishing of the new parties or create mechanisms to help them succeed and become sustainable.405 In reality, the new law encouraged the burgeoning of a large number of new political parties reflecting short-term political interests, rather than the creation of parties with long-term goals and strategies. In 2003, the Colombian Congress passed a major 402 Novoa, A. (2018a). Author's interview with Armando Novoa [Interview]. 403 Navarro, A. (2018). Author's interview with Antonio Navarro [Interview]. 404 Villamizar, D. (2017a). Author's Interview with the Dar\u00edo Villamizar [Interview]. 405 Pati\u00f1o, O. (2018a). Author's Interview with Otty Pati\u00f1o [Interview]. 147 electoral reform that imposed a minimum quotient to reduce the number of parties and bring more cohesiveness to political parties reflecting their collective voting.406 With the replacement of the Hare quota with the D\u2019Hondt method, real alternatives to mainstream traditional parties started to take effect.407 In sum, what the political reform of 1991 achieved was a significant step forward in the advancement of democracy in Colombia but it did not modify the electoral system in the dimension that was needed or in a way that would have encouraged new parties to thrive.408 Figure 5 M-19 elections results 1990-1994. Adapted from different sources The absence of an inclusive political space being at the root of El Salvador\u2019s civil war, the peace accords proposed various reforms aimed at creating a more open and democratic 406 Dargent, E., & Mu\u00f1oz, P. (2011). Democracy Against Parties? Party System Deinstitutionalization in Colombia. In (Vol. 2, pp. 47-71). Journal of Politics in Latin America. 407 Soberg Shugart, M., Moreno, E., & Fajardo, L. (2006). Deepening Democracy by Renovating Political Practices: The Struggle for Electoral Reform in Colombia In. 408 Villamizar, D. (2017a). Author's Interview with the Dar\u00edo Villamizar [Interview]. 0 5 10 15 20 25 30 Presidential Election- May 1990 Constituent Assembly Election December 1990 Senate October 1991 Chamber of Representatives October 1991 Senate October 1994 Chamber of Representatives October 1994 M-19 Electoral Performance 1990-1994 Vote percentage 148 system. In 1993, a new electoral code was enacted, creating institutions intended to ensure fair elections. The new code aimed at regulating the activities of the state, the electors, the electoral bodies, and the political parties. It also managed State activities that concern the electoral process. The electoral law established four electoral bodies: the supreme electoral tribunal, a collegiate body; the departmental electoral boards; the municipal electoral boards; and the \"vote-receiving\" boards.409 While marking a major improvement from past practice, electoral processes in El Salvador remained vulnerable to fraud and institutional bias. According to Wolf, irregularities intensified with the 2004 presidential elections especially as the political right resorted to electoral persuasion and traditional manipulation, allegedly dissuading voters from supporting the FMLN. Moreover, electoral violence and fraudulent practices remained customary practice, and were frequently ignored by the Supreme Electoral Tribunal (TSE), preventing free and fair political competition.410 Winning the ballot war As a new party, the FMLN\u2019s electoral battles at the municipal and legislative levels were fairly successful. These performances ran counter with the many challenges faced during the party\u2019s first few years in politics. Internal turmoil threatened to dismantle the party on several occasions during the transition years, especially when MPs\u2019 defections during the 1994\u201397 legislative session reduced their 21 National Assembly seats to 14. But in spite of numerous intra-party crisis and the loss of an important number of historical leaders, the was able to retain its status as the second-largest party in the 1997 elections with 27 seats in parliament.411 409 IPU, I.-P. U.-. (1994). Report of delegation to observe the electoral process in El Salvador. 410 Wolf, S. (2009). Democracy: Elite Rule and the Limits to Political Participation in Post-War El Salvador. Journal of Latin American Studies, 41(3), 429-465. 411 Allison, M. E. (2006). The Transition from Armed Opposition to Electoral Opposition in Central America. Latin American Politics and Society, 48(4), 137-162. 149 Party performance at the polls continuously improved over the years culminating with the control of 42% of the parliament seats in January 2009. Presidential elections achievements were more gradual but witnessed a steady growth. From 1994 to 2009, FMLN\u2019s percentage of vote in presidential elections consistently increased until it reached 51.32% of the votes in 2009, with the winning the presidency in a resounding victory.412 In the 2004 presidential elections, FMLN\u2019s standing had dramatically improved but its political rival ARENA, whose neoliberal economic policies were clearly established, was able to convince voters that its subsidized social programs and stronghanded policies against common crime would improve the country\u2019s overall situation 2004, cited in Azpuru 2010 p.112). At that point in time, social inequality, crime, and violence had increased dramatically (Holiday 2005 cited in Azpuru, 2010 p. 112).413 Considered historic by many standards, the 2009 presidential election however marked the start of a new era in El Salvador. Despite having similar traits to previous electoral processes, and ARENA\u2019s usual tactics aimed at swaying opinions, the 2009 elections saw the level of polarization diminish when the party adopted a less radical tone. Many factors contributed to the party\u2019s victory but according to Azpuru, ideology and voters\u2019 assessment of the incumbent government\u2019s performance played a crucial role. While acknowledging the importance of factors such as financial resources, media attention, and choice of candidates, Azpuru argued that the role of ideology was tantamount in determining people\u2019s choices. To Azpuru, unlike in most developed democracies, where social class and geography take the lead in determining voters\u2019 preferences, in El Salvador, the left-right divide was the main driving force behind the election outcome. Salvadoran citizens who considered themselves to the left of the ideological spectrum voted for the FMLN, while citizens who placed themselves to the right voted for ARENA.414 This left-right perspective was best described by former member Jovel who remarked, \u201cFor the longest time, Salvadorans defined themselves as either with the right or with the FMLN.\u201d415 It should be emphasized however that this left-right divide 412 Azpuru, D. (2010). The Salience of Ideology: Fitfteen Years of Presidential Elections in El Salvador. Ibid., 52(No2), 103-138. 413 Ibid. 414 Ibid. 415 Jovel, F. (2018a). Author's interview with Francisco Jovel [Interview]. 150 was more visible on the campaign trail than in the candidate\u2019s actual program. In fact, officially presenting his plan of action at a party convention, Mauricio Funes, had pledged to maintain dollarization, respect private property, promote business and investment opportunities, and adhere to all free trade agreements, including that it had opposed vehemently in the previous election.416 Funes would even voice his commitment to the free market and to a constructive relationship with the United States (Colburn 2009, 149 cited in Azpuru, 2010 p. 113).417 This ideologic dichotomy started to fade out in February 2019, when a 37-year-old politician, relying mainly on social media campaigning, and known to the voters as the mayor of the capital city of San Salvador, won the presidency in a first-round victory. For the first time in 30 years, and in a startling victory, Nayib Bukele, a candidate who was neither from nor the challenged El Salvador\u2019s stable two-party system reaching the highest office in the nation.418 Figure 6 Parliament elections results 1994-2021. Adapted from different sources 416 The Economist. (2008). Planning for El Salvador's poll. The leftist opposition unveils its electoral programme. The Economist. 417 Azpuru, D. (2010). The Salience of Ideology: Fitfteen Years of Presidential Elections in El Salvador. Latin American Politics and Society, 52(No2), 103-138. 418 Call, C. T. (2019). The significance of Nayib Bukele's surprising Election as President of El Salvador 0 5 10 15 20 25 30 35 40 1994 1997 2000 2003 2006 2009 2012 2015 2018 2021 - Parliament Elections Number of seats won 151 F\u00c9IN Sinn F\u00e9in contests elections both in Northern Ireland and in the Republic of Ireland. Long considered a minor opposition party -unlikely to form a coalition with other political forces- Sinn F\u00e9in emerged as the most popular party in the Republic after recording historic results in the 2020 elections.419 In May 2022, after capturing the largest number of seats in the Northern Ireland Assembly, Sinn F\u00e9in assumed the mantle of the largest party in Northern Ireland as well.420 Sinn F\u00e9in also contests elections to the British Parliament but abstains from taking seats in Westminster. This policy dates back to 1917 when the party\u2019s first members of parliament took a stance against swearing allegiance to the Queen as head of state.421 Both Northern Ireland and the Republic use proportional representation to elect their assemblies and local representatives. The Good Friday agreement provided for a democratically elected Assembly in Northern Ireland to be elected by Single Transferable Vote (STV). The is also used for the Local Councils elections. In addition, Northern Ireland uses the first-past-the-post (FPTP) system to elect its Members of Parliament (MPs) to the House of Commons of the UK. In the general election to the House of Commons, citizens are able to choose their preferred candidate on the ballot paper. Candidates who receive the most votes are elected to represent their constituencies.422 In the Republic of Ireland, elections take place on the principle of proportional representation (PR) in multi-seat 419 Coleman, M. (2017). Fighting an election only to refuse a seat: Sinn F\u00e9in and Westminster abstention. The Conversation. seat-sinn-fein-and-westminster-abstention-76963 420 cnbc.com. (2022). Sinn Fein hails \"new era\" as it wins Northern Ireland vote vote.html 421 Coleman, M. (2017). Fighting an election only to refuse a seat: Sinn F\u00e9in and Westminster abstention. The Conversation. seat-sinn-fein-and-westminster-abstention-76963 422 EONI, T. E. O. o. N. I. Voting systems in Northern Ireland In. 152 constituencies, also using the transferable vote (STV) with the quota principle. Voters can choose between candidates of different parties or non-party candidates.423 Achieving historic wins According to Dublin City Councillor, M\u00edche\u00e1l Mac Donncha, it\u2019s only after Sinn F\u00e9in declared its intention to reconcile political action with the armed struggle -a strategy referred to as the \u201cArmalite and ballot box\u201d at the 1981 annual party conference- that the party started seriously investing in the ballot box and reaping electoral rewards. Mac Donncha explained, \u201cBefore 1981, Sinn F\u00e9in\u2019s main focus was organized around the conflict, propaganda, political prisoners and so on\u2026 the party was not focused on representation. The issue of: should we participate in a pragmatic and political way didn\u2019t arise until the early 1980s.\u201d424 When Sinn F\u00e9in endorsed the \u201cArmalite and ballot box\u201d strategy, the party started lending more weight to vote seeking and election campaigning. At the 1982 Northern Ireland assembly election, Sinn F\u00e9in captured 10 percent of the vote, followed by a win of 13.4 percent of the vote at the 1983 Westminster elections. Despite a series of subsequent setbacks -between 1989 and 1992- these electoral rewards set the stage for a rise in popularity within the nationalist community in Northern Ireland. Sinn F\u00e9in\u2019s decision to enter peace talks and sign the Good Friday agreement slowly won over a large proportion of Catholics in Northern Ireland. By 2003, Sinn F\u00e9in had taken over its rival the Social Democratic and Labor Party (SDLP), as the largest nationalist party in the Northern Ireland Assembly.425 In the Republic of Ireland, Sinn F\u00e9in\u2019s electoral performance was even more impressive. In 1986, Sinn F\u00e9in dropped abstention to the Republic\u2019s parliament (Leinster House) and started contesting elections. In less than 20 years, Sinn F\u00e9in was able to more than quadruple its vote share, rising from a timid 6.5 percent of the vote share in 2002 to 423 Government of Ireland. (2018 Guide to Ireland's Voting System. Retrieved from 424 Mac Donncha, M. (2019). Author's interview with Miche\u00e1l Mac Donncha [Interview]. 425 Whiting, S. (2016). Mainstream Revolutionaries: Sinn F\u00e9in as a \"Normal\" Political Party? Terrorism and Political Violence, 28(3), 541-560. 153 24.5 percent in 2020.426 In 2011, Sinn F\u00e9in scored a three-point increase on its 2007 results in the general election427 and in 2020, the party achieved historic results winning 37 seats in parliament, an increase of 14 on the 2016 elections.428 According to Mac Donncha, while not necessarily favoring Sinn F\u00e9in, the election system in Ireland enables a fair representation of the party. Donncha indicated that proportional representation gave the party the political influence it deserved, in accordance with its share of the vote. At the same time, he contended, the multi-seat constituencies offer electors a vast selection of choices, allowing them to choose between candidates of different parties and non-party candidates. Unlike other European countries, in Ireland party membership is not mandatory for filing candidacy on a list, which provide a wide array of options, making the Irish electoral system more representative than in other countries in Europe.429 Figure 7: Sinn F\u00e9in D\u00e1il \u00c9ireann elections results 1997-2020. Adapted from different sources 426 McCarthy, N. (2020). Irish Election: Sinn F\u00e9in's Rise. statista.com. 427 Walsh, D., & Eoin, O. M. (2012). The Slow Growth of Sinn F\u00e9in: from minor player to centre stage? The History Press. 428 BBC. (2020). Irish General Election: Sinn F\u00e9in celebrate historic result In. 429 Mac Donncha, M. (2019). Author's interview with Miche\u00e1l Mac Donncha [Interview]. 0 5 10 15 20 25 30 35 40 1997 2002 2007 2011 2016 2020 Sinn F\u00e9in - D\u00e1il \u00c9ireann (House of Representatives) Number of Seats Won 154 The electoral framework in Lebanon was first established in the 1926 constitution. Based on confessional representation, the Lebanese Parliament reserved a specific number of seats to each of the various minority groups in Lebanon (confessions). During the French Mandate period, one third of parliament was appointed by French authorities while the remaining two thirds was elected on the basis of universal suffrage (excluding women). When Lebanon\u2019s independence became effective in 1943, the practice of appointment was abandoned while the basic rules of the electoral law remained the same. Seats in parliament were apportioned between Christians and Muslims in a 6:5 ratio, a proportion that was determined by figures derived from a 1932-1936 census.430 In the late 1950s, a demographic shift in favor of Muslims started to appear, prompting calls for greater equity in parliament representation. After resisting the change for more than four decades, the 1990 peace accord restored the imbalance placing parliament representation at a 5:5 ratio.431 In Lebanon, electoral gerrymandering, along with a plurality/majority system, often combined with a low voter turnout, have for a long time fostered the re-election of the same political class who had mastered the art of monopolizing the political scene along sectarian lines.432 In addition to preventing independents, new parties, and non-sectarian groups to secure representation, the electoral law that prevailed until 2018, was deemed inequitable to Christians since a large part of their elected representatives were chosen by other religious sects\u2019 votes.433 In 2016 the \u201cMaraab agreement\u201d bringing the Lebanese Forces party together with its main Christian rival the Free Patriotic Movement, laid the basis for a 430 Salem, P. (1997). Skirting Democracy, Lebanon's 1996 Elections and Beyond. Middle East Report, 203. 431 Majed, Z. (2012). Consensus Democracy and Representation in Lebanon: Between Agony and Electoral Reform. Accord, an international review of peace initiatives(24), 42-45. 432 Ibid. 433 Haddad, S. (2013). Lebanese Electoral Law Redresses Christian Rights. Al-Monitor. law.html 155 reform of the electoral system.434 After a prolonged debate about the best way to overcome underrepresentation, Lebanon adopted a new electoral law in June 2017. The new electoral code retained key aspects of Lebanon\u2019s complex confessional system but also introduced new reforms.435 Foremost among them were allowing Lebanese in the diaspora to vote from their countries of residence, and proportional representation with preferential voting, which aimed at more inclusion and better representation. But these more inclusive measures were offset by a number of other measures namely, redistricting, ranking system, and electoral quotient formula that further strengthened sectarianism and favored candidates with a local power base.436 gradual but steady expansion As a political party, the Lebanese Forces started contesting elections in 2005, slowly asserting its political presence on the ground. The party rose to national prominence at the 2018 parliamentary elections when it doubled its parliament representation MPs seeing their number increase from eight to fifteen. When the 2017 electoral code was instituted, the party candidates were able to swipe many seats from rival Christian parties, but also and strikingly, one seat from the Chi\u2019i Hezbollah party in Baalbek-Hermel. According to Raji, the Lebanese Forces\u2019 performance at the polls wasn\u2019t merely the result of the revised electoral law but also a reflection of the Christian community\u2019s recognition of Geagea\u2019s leadership. The year preceding the election, the head of the Lebanese Forces had agreed to withdraw from the presidential race to endorse his rival\u2019s candidacy in a bid to end a long dispute and promote national reconciliation. To Raji, this strategic move bolstered the party\u2019s appeal and played a vital role in the elections results.437 In the 2022 elections, the Lebanese Forces party was crowned as the biggest winner of the elections, further expanding its parliament 434 Annahar.com. (2016). Geagea endorses Aoun's candidacy for presidency. Annahar.com. 435 Ministry Of Information, R. o. L. (2018). Lebanese Electoral Law. 436 Elghossain, A. (2017). One Step Forward for Lebanon's Elections. Carnegie Endowment for International Peace. 437 Raji, W. (2019). Author's interview with Wissam Raji [Interview]. 156 presence with six additional seats. Championing the case for disarming Lebanon\u2019s powerful Hezbollah party grew to become the largest single party in parliament.438 Figure 8: Lebanese Forces parliament elections results 2005-2022. Adapted from different sources The electoral frameworks, whether maintained or revised, were not described by interviewees as particularly influential when it came to the different parties\u2019 electoral performance. In Northern Ireland and in Colombia, electoral systems prevailing in the post- war period, represented a step towards improved representation. The 2017 electoral law in Lebanon, also promoted inclusion and improved representativity. In El Salvador, new institutions were introduced to ensure fair elections. These measures however had varied influences on the electoral results of the four cases studied. In the case of Colombia for example, despite an advantageous electoral law that encouraged the formation of new parties and reduced the dominance of the two traditional parties, the M-19 couldn\u2019t 438 Gavlak, D. (2022). Lebanon's New Parliament Faces Problem of Hezbollah's Weapons. voanews.com. hezbollah-s-weapons-/6586948.html 0 2 4 6 8 10 12 14 16 18 20 2005 2009 2018 2022 Lebanese Forces - Parliament Elections Number of seats won 157 uphold its initial success. Similarly, the revised electoral code in El Salvador, played a minor role in boosting FMLN\u2019s results at the polls. With respect to Sinn F\u00e9in, the party\u2019s exponential growth in popularity in the South bore little relation to the electoral rules even if the proportional representation probably helped propel the party in the North in the post- agreement period. In Lebanon, the revised electoral law helped the party secure more seats in parliament. With the exception of the M-19, electoral wins certainly helped the parties assert themselves as relevant political players and motivated their members to push for bolder policies. Nonetheless, despite the electoral blunder, the M-19 can also count significant achievements that still reverberate in Colombia\u2019s political life When the war ends, former rebel organizations find themselves in an environment that, while peaceful, can be very hostile or difficult to navigate. The emerging political parties have to adapt their thinking in ways that are compatible with the wider socio-political context. Political stability, popular support, the institutional setting, and the regional context can all condition and impact the war-to-peace transition.439 The political context in which the four political parties emerged undoubtedly conditioned and shaped their behavior in the post- agreement era. While these new institutions\u2019 intra-party life could remain impervious to the environmental conditions, their political choices and outreach strategies had to adapt to the prevailing local environment and political climate. By and large, the emerging parties started their democratic lives in troubled environments. Despite having a prewar history as a political party, Sinn F\u00e9in\u2019s popularity in the South of Ireland was greatly tainted by an unpopular, protracted conflict. In the cases of Colombia and Lebanon, political violence and the continuation of the conflict created a deeply unfavorable political atmosphere. Lastly, in 439 DeZeeuw. (2007). Understanding the Political Transformation of Rebel Movements. Lynne Rienner Publishers. 158 El Salvador, excessive distrust between former warring parties produced precarious conditions that decelerated the pace of the implementation of the peace agreement Sinn F\u00e9in\u2019s political life in Northern Ireland varies significantly from its political participation in the Republic. In both parts of the island however, the party faced a diverse range of challenges. While peace largely prevailed in Northern Ireland, low intensity violence persisted as a republican paramilitary group refused to endorse the peace process. Opposed to the peace negotiations and the political leadership of Sinn F\u00e9in, the \u201creal\u201d Irish Republican Army (rIRA) emerged in 1997. Using some old equipment, the rIRA conducted bombings and occasional attacks in Northern Ireland and in England.440 In the North, Sinn F\u00e9in\u2019s popularity as a political party was unequivocal however, because of the nature of the Belfast agreement and the political stalemates caused by the power-sharing formula, political progress became an almost impossible undertaking.441 Under the power-sharing rules that were set up as part of the peace process, cooperation between nationalist and Unionist parties became a prerequisite for forming a government. This safeguard was meant to ensure that all sections of the community equally participated in government and enjoyed protection before the law. In particular, the agreement required that key decisions -such as the election of the Chair of the Assembly, the First Minister and Deputy First Minister, and budget allocations- are made on a \u2018cross-community basis,\u2019 either in parallel consent or by majority vote.442 While aimed at ensuring equal participation and reassuring all parties in the post-agreement period, the power-sharing configuration eventually crippled the political process. Instead of stimulating effective cooperation between Unionists and Nationalists this power-sharing system, led to endless bickering and political stalemates. Recurring deadlocks, mistrust, and suspiciousness between Sinn F\u00e9in and the crippled the 440 Melaugh, M. 'real' Irish Republican Army (rIRA) 441 \u00d3 Hadhmaill, F. (2022b). Interview with the author [Interview]. 442 Multi-party&Irish-British. (1998). The Northern Ireland Peace Agreement. 159 institutions and prevented real progress. Operating for 12 out of 20 years, the Northern Irish Executive collapsed on several occasions as unwilling partners lacked a joint vision for the region and used their veto powers to collapse the other parties\u2019 proposals.443 According to \u00d3 Hadhmaill this arrangement handicapped Sinn F\u00e9in\u2019s ability to advance its goals including proposing bills and getting them approved. Political deadlock greatly restrained Sinn F\u00e9in\u2019s actions and performance as a political party. Proposed bills and new legislation were constantly blocked making it impossible to deliver on engagements.444 Other challenges pertain to the weakness of the cross-border bodies that were established by the Good Friday agreement. The North/South Ministerial Council -aimed at bringing together Northern Ireland and Irish Government executives to discuss matters of mutual interest- failed to achieve its intended outcome as meetings were often cancelled by one of the parties\u2019 unwillingness to attend. Similarly, the British-Irish Council (BIC) initially set up to promote cooperation and solidarity between the British and Irish islands, fell far short of expectations.445 In the Republic of Ireland Sinn F\u00e9in faced different challenges. Except from a modest proportion of long-term republicans, up until recently, support for Sinn F\u00e9in in the South was largely unfavorable.446 Even after the peace-sealing agreement, views of the party had grown more negative, Sinn F\u00e9in being associated with the and the violence of the troubles. Despite strongly denying any links with the armed wing and effectively distancing itself from the IRA, Sinn F\u00e9in\u2019s image remained tied up with its miliary past. The transition into peaceful politics was quite complicated, the party being torn between the need to honor those who sacrificed with their lives for the right cause, and turning the page of the armed conflict. This moral dilemma would linger for a considerable period of time before the party was able to officially part from its military past. In April 2002, a widely-publicized event paying a final tribute to the Volunteers who had died during the course of the conflict, 443 Mitchell, D., Tannam, E., & Wallace, S. (2018). The Agreement's impact on political cooperation. Irish Political Studies, 33(3). 444 \u00d3 Hadhmaill, F. (2022b). Interview with the author [Interview]. 445 Ibid. 446 \u00d3 hAdhmaill, F. (2019). Author's interview with F\u00e9ilim \u00d3 hAdhmaill [Interview]. 160 finally brought the war chapter to an end and ushered a new beginning for the party.447 But sporadic events such as occasional revelations of persistent links between Sinn F\u00e9in and the Provisional Army Council continued to occur reflecting negatively on the party.448 Also, Sinn F\u00e9in\u2019s strong association with what was perceived as the Northern Ireland conflict was also less appealing in the South of Ireland. For many in the Republic, the party was more concerned with the torments of the North and less preoccupied with the Republic\u2019s daily affairs. Shunned by other parties, Sinn F\u00e9in was regarded as a pariah and an unacceptable partner in a coalition government. Mostly attributable to the slow pace of the decommissioning and Sinn F\u00e9in\u2019s perceived role in the demobilization process, for many years, this situation kept the party on the margins of mainstream politics in South.449 Unlike the other three cases studied, Sinn F\u00e9in\u2019s presence on the political scene far preceded the peace accord, and while the Good Friday agreement had emphasized Sinn F\u00e9in leaders\u2019 important role as peacemakers, the transition was less transformational. It would take many more years before the party\u2019s political appeal would hold sway. It\u2019s only by 2020 that Sinn F\u00e9in\u2019s popularity in the South of Ireland would gain momentum. Equipped with a solid leftist program and capitalizing on the discontent generated by the recurrent economic crises, Sinn F\u00e9in gradually found ways to win over the hearts of the population and gather electoral strength.450 Eventually, its popularity would supersede that of the other main parties growing from 1.9 percent in 1987 to 24.5 percent in 2020.451 But Sinn F\u00e9in\u2019s larger presence in parliament faced many obstacles, the legislative process in the Republic presenting its own challenges. In the Republic of Ireland, passing legislation for opposition parties proved quite complicated. Private Members\u2019 Bills -which are bills commenced by a or a Senator who is not part of the government party- rarely make it through both houses, mostly controlled by government representatives who can easily 447 Maillot, A. s. (2005). The new Sinn F\u00e9in : Irish republicanism in the twenty-first century. Routledge. 448 Whiting, S. (2016). Mainstream Revolutionaries: Sinn F\u00e9in as a \"Normal\" Political Party? Terrorism and Political Violence, 28(3), 541-560. 449 Maillot, A. s. (2005). The new Sinn F\u00e9in : Irish republicanism in the twenty-first century. Routledge. 450 \u00d3 hAdhmaill, F. (2019). Author's interview with F\u00e9ilim \u00d3 hAdhmaill [Interview]. 451 Statista. (2020). Irish Election: Sinn F\u00e9in's Rise. feins-share-of-the-vote-in-irish-elections/ 161 oppose them. Rarely initiated, these bills mostly aim at calling attention on pressing issues, or initiating a debate on legal loopholes.452 According to \u00d3 hAdhmaill, opposition parties\u2019 margin for maneuver is so limited, that measuring their contributions to democratic practices would entail an examination of their commitments to such practices rather than their actual legislative wins. To \u00d3 hAdhmaill, party manifestos, parliamentary participation -in parliamentary committees, and through parliamentary questions- and Sin F\u00e9in\u2019s media outreach should be considered as better indicators of the party\u2019s value system.453 But despite the hurdles, Sinn F\u00e9in\u2019s popularity growth reflected the party\u2019s ability to surmount obstacles and affect voters\u2019 perceptions of their issue handling competencies M-19 At the political level, the Alianza Democr\u00e1tica started its party life in a context of violence amidst complex political circumstances. When the peace agreement was signed, the guerrilla warfare was still ongoing with the two main armed groups, the Fuerzas Armadas Revolucionarias de Colombia (Revolutionary Armed Forces of Colombia-FARC) and the Ej\u00e9rcito de Liberaci\u00f3n Nacional (National Liberation Army-ELN). According to Franco, after the M-19 demobilization, the remaining armed guerrillas became fixated on downplaying the importance of the peace agreement. The and employed their best efforts to exhibit the flaws of the settlement and its failure to achieve peace, which led to an intensification of the armed guerrillas\u2019 military actions. According to Novoa, this continuous state of war complicated the relationship between the M-19 and the government, and negatively affected the performance of the party. He explained, \u201cUnlike El Salvador, Colombia was still caught between war and peace. The state maintained a language of peace and a language of war and in that dichotomy, in that contradiction, the Alianza was trying to create a new political force in a counterproductive environment.\u201d454 Additionally, the 452 Citizens Information. Private Members' Bills. members_bills.html 453 \u00d3 Hadhmaill, F. (2022a). Author's interview with F\u00e9ilim \u00d3 Hadhmaill [Interview]. 454 Novoa, A. (2018a). Author's interview with Armando Novoa [Interview]. 162 paramilitaries who were beginning to gather momentum, started perpetrating massacres and adopting a scorched earth policy, consolidating territories, and eliminating their rivals, former M-19 members being a prime target.455 The guerrilla having already suffered great persecution during the last years of the conflict, by the time it sealed the peace agreement, its leadership was so reduced that every additional casualty had devastating consequences.456 Aside from having to withstand social and military violence, the new party started its civil journey in a political environment where clientelism prevailed. The M-19\u2019s rivals mastered the art of patronage, distributing posts and favors in exchange for political loyalty. Franco explained, \u201cThe competition was very unequal because the traditional parties had access to the state apparatus and to the budgets, whereas we didn\u2019t have access to anything. It was a political competition in a very clientelist system. At that time, people voted for 50,000 pesos. Nowadays social networks help raise awareness, but thirty years ago the clientelist system was very pervasive.\u201d457 In reality, the general setting for the new party presented many challenges. Aside from a troubled environment, very few proactive measures were established to help the budding party establish itself as a durable force. One such shortcoming was the absence of laws regulating the internal functioning of political parties. Political considerations during the Constituent Assembly debates resulted in decisions that limited the role of the laws that govern political parties, making sure they wouldn\u2019t get involved in the internal affairs of those parties. This decision was allegedly taken to accommodate the situation of then assembly co-president \u00c1lvaro G\u00f3mez, a dissident of the conservative party, who needed room to manage his own dissidence within the conservative party.458 An ongoing state of 455 Franco, C. (2018). Author's interview with Carlos Franco [Interview]. 456 Navarro, A. (2018). Author's interview with Antonio Navarro [Interview]. 457 Franco, C. (2018). Author's interview with Carlos Franco [Interview]. 458 Ibid. 163 war, limited political experience and little knowledge of election tactics exacerbated an already fragile organization that was still trying to find its place in the complex world of Colombian politics In the post-agreement period, El Salvador environment was characterized by widespread violence and intense polarization. Gang warfare, while pervasive since the 1970s, continued in the post-conflict period. Deep-seated economic problems produced high levels of violence where street gangs\u2019 confrontations -against one another and in opposition to the police and state- prevailed and persisted.459 In a highly divided country, measures were taken to reduce tensions and reestablish confidence. Many initiatives were carried out with the goal of reinstating trust between former adversaries, and promoting improved representation at the party level. These measures created a favorable context that helped the new party establish itself as a durable force in the political arena. Twelve years of violent conflict and two years of negotiation, had greatly diminished the level of trust between the former warring parties. Throughout the negotiations, the FMLN\u2019s faith in the government\u2019s ability and willingness to institutionalize the provisions that were being discussed was very low. In addition, worn out by war, the population was suspicious and remained skeptical. Ana Guadalupe Mart\u00ednez recounted that party supporters, while fully backing the peace process, privately worried that the final agreement would include compromises that would turn out detrimental to the popular base. One way of addressing these fears she related, was the establishment of a new National Civil Police with a completely revamped structure. It would include new cadres, new training mechanisms, and a new doctrine, and establish selection criteria based on the principles of non-discrimination against neither former members of the National Police nor ex-combatants of the FMLN. 459 Witte-Lebhar, B. (2017). El Salvador Marks 25th Anniversary of Chapultepec Peace Accords (Latin America Digital Beat (LADB), Issue. 164 Suggested by former leader and main negotiator Joaqu\u00edn Villalobos, the idea of a restructured National Civil Police was aimed at fostering feelings of safety amongst the population.460 The consecutive Salvadoran laws on political parties helped the party consolidate its presence as a durable force in the political arena through helping it shape its internal functioning and ultimately contributing to its democratization. When the registered as a political party however, its initial statute was rejected for non-compliance with the Salvadoran law on political parties.461 That law stipulated that individuals coming together to form a political party could not be affiliated with any other political party or organization.462 This statute implied that the newly formed party members couldn\u2019t maintain their allegiances to the organizations that had served as their former armed groups. Former Roger Alberto Blandino explained that this process marked the beginning of a period of adjustment as the guerrilla -since its creation in 1980- had invariably functioned as a body of five organizations with five distinct personalities and ideologies. The rejection of the first version of the statute forced the emerging party to adapt to the legal requirement, and to present itself, at least officially, as a homogeneous group. Blandino recalled, \u201cWe had to re-shape our statutes to meet the requirements. The five organizations would in fact still exist, but formally and legally we became a single party organization. It\u2019s only in 1995 that the decision to completely dissolve the organizations was reached.\u201d This new arrangement was to influence the internal configuration of the party for next several years, rendering it a party of tendencies with members grouped according to their previous affiliations.463 The February 2013 new law on political parties464 mandated that party leaders and party candidates be elected according to rules of internal democracy to be 460 Mart\u00ednez, A. G. (2018a). Author's interview with Ana Guadalupe Martinez [Interview]. 461 Blandino, R. A. (2018a). Author's interview with Roger Alberto Blandino [Interview]. 462 Asamblea Legislativa Republica de El Salvador. (2019). Ley partidos politicos, decreto No. 307. Tribunal Supremo Electoral 463 Blandino, R. A. (2018a). Author's interview with Roger Alberto Blandino [Interview]. 464 Ley de Partidos Pol\u00edticos, Decreto 307, Published in the Diario Official #40, Tomo #398 February 27, 2013 165 established in the party statutes.465 According to Samayoa the decree 307 compelled the to follow a democratic procedure that was inexistent before. He explained, \u201cThis reform was imposed by the court. Before that, the party\u2019s political commission consisting of 20 to 25 people effectively took all the decisions and then these decisions were taken to a larger assembly of about 1,500 people for ratification only. This assembly consisted of the municipal and department delegates that were organically linked to the elite. Now things have changed, now militants can choose. It is an exercise with its own defects but quite respectable for both the right and the left.\u201d466 These national laws forced political parties to adopt democracy-promoting measures that fostered trust and accountability at the internal level, ultimately helping the establish itself as a durable force better equipped to harness the battles ahead Despite the signature of the Taef agreement and a general return to peace, post-war Lebanon remained a troubled country, rife with tensions and exposed to perilous disagreements. The postwar period for the Lebanese Forces was particularly oppressive as, soon after sealing the peace, its leader [Samir Geagea] was accused of perpetrating a church bombing and jailed until 2005. As a consequence of this proceeding, the Lebanese government ordered the dissolution of the party and the banning of its activities. It\u2019s only in 2005, when Geagea was released from prison, that the party was able to resume its political activities and start regaining its popularity. Moreover, Lebanon\u2019s complex system of governance and its geopolitical situation make it vulnerable to political crises, regional conflicts, and external influence. The country\u2019s power- sharing model, presents many challenges. Based on a consociational model of democracy 465 Asamblea Legislativa Republica de El Salvador. (2019). Ley partidos politicos, decreto No. 307. Tribunal Supremo Electoral 466 Samayoa, S. (2018a). Author's interview with Salvador Samayoa [Interview]. 166 designed in 1943 and revised in 1989, Lebanon\u2019s system of governance provided that religious sects would be equitably represented in the public sector and in ministerial posts. Nonetheless, while initially designed to make sure that no single political or religious group imposes its ideology on the others, the consociational model didn\u2019t prove opportune for Lebanon\u2019s social and geopolitical structure. Vulnerable to external interventions and religious divisions, Lebanon\u2019s power-sharing model failed to shield the burgeoning nation from domestic conflicts.467 Failure to deal with past abuses, rendered the country even more vulnerable, and more prone to internal conflicts that at times, turned quite violent.468 wave of assassinations and clashes between Lebanese factions constantly threatened a fragile peace and maintained the specter of civil war alive. Between 2004 and 2013, it is estimated that Lebanon witnessed about 16 politically motivated murders and assassinations, and 3 murder attempts. The attacks targeted politicians, religious figures, intellectuals and journalists, and spread fear and uncertainty amongst the population.469 In conjunction with the above, the Hezbollah party, which had maintained a military arm, kept Lebanon on the verge of political and military troubles. In July 2006, a Hezbollah cross- border raid against an patrol developed into a full-scale war that left much devastation and many civilians dead.470 In May 2008, a brief intrastate conflict between gunmen loyal to the Hezbollah party and supporters the main Sunni opposition spiraled out of control and further divided the country along sectarian lines.471 Hezbollah\u2019s regional military 467 Makdisi, S., & Marktanner, M. (2009). Trapped by Consociationalism: The Case of Lebanon. 468 ICTJ, I. C. f. T. J. (2014). Failing to Deal with the Past. What Cost to Lebanon? 469 Magazine, T. M. (2021). 220 Political Assassinations and Murder Attempts in Lebanon (1943- 2021) 470 Molloy, J. (2016 Reflection of 2006 War. UNIFIL, United Nations Interim Force in Lebanon. 471 Perry, T. (2008). Lebanon Political Conflict Turns Violent. lebanon-strike-idUSL0761005520080507 167 interventions in neighboring Syria,472 Iraq,473 and Yemen474 as well as its longstanding clashes and periodic conflicts with Israel were often met with growing discontent, and a widespread feeling of precariousness and instability.475 This tense atmosphere along with the fact that all the parties that emerged in the post-conflict phase were competing for political legitimacy in a fragmented society, kept the Lebanese forces on the lookout and influenced the party\u2019s development as a post-insurgent political party. Furthermore, the emergence of independent candidates at the 2022 elections and their winning of 13 seats in Lebanon's new parliament, revealed the development of a new constituency that resented the sectarian establishment that has ruled the country since the end of the civil war in 1990 When the armed groups laid down their arms, they did so with the expectation that peace would be conducive to a favorable political environment but the conditions the ensuing parties were faced with, often contrasted with their anticipations. That was certainly true in the cases of Colombia and Lebanon where the new parties had to win their fights in the context of an ongoing state of war where tensions were high and armed conflicts were still prevalent wave of assassinations and an ongoing war at the Southern border in Lebanon spread fear amongst the population and complicated the transition. In Colombia, systemic persecution against the demobilized guerrillas and a ceaseless guerrilla warfare caused confusion and overburdened the newly established party. In Lebanon, the party leader\u2019s imprisonment and the Lebanese Forces\u2019 ban for 11 years meant even more hardship for the party and its supporters. The model of consociational governance in Lebanon and Northern 472 CSIS, C. f. S. a. I. S. (2018). The Escalating Conflict with Hezbollah in Syria 473 Alarabiya.net. (2020). Iran-backed Hezbollah steps in to support Iraqi militias after Soleimani's death support-Iraqi-militias-after-Soleimani-s-death.html 474 Alasrar, F. A. (2020). Iran, Hezbollah operating with impunity in Yemen 475 Robinson, K. (2020). What is Hezbollah 168 Ireland was also a main impediment to the political parties\u2019 performance, leading to political deadlock as powerless governments fought for legitimacy. It is no surprise that in both states, new political forces transcending sectarian divisions started to emerge, reflecting both societies\u2019 disaffection and resentment of the outdated arrangements set out in the peace agreements. While these results reflected a growing proportion of a disgruntled electorate, they don\u2019t seem to have adversely impacted the political performance of Sinn F\u00e9in and the Lebanese Forces, since both parties rose to become the fastest growing parties in both Lebanon and Northern Ireland. Nonetheless, passing legislation became extremely difficult and performing routine legislative duties a daunting task. Despite the many difficulties, the new political players kept making headways and were able to leave a positive footprint on the path to democratization The role of regional and international support in the development and growth of political parties in post-conflict societies is well documented. Outside support to revolutionary- movements-turned-parties has been beneficial or of little consequences depending on the circumstances and the interests at stake (Giustozzi, 2007; Malaquias, 2007; Manning, 2007; Nindorera, 2007; Young, 2007). In many cases, international support has had an important impact on the transformation. Such is the case with the Mozambican Renamo, where logistical help, financial support, and capacity building helped build the party\u2019s confidence and assist the transition from violent behavior to political activities.476 Similarly, international programs in Burundi promoted trust and created an environment that helped 476 Manning, C. (2007a). Mozambique: RENAMO's Electoral Success. In J. d. Zeeuw (Ed.), From Soldiers to Politicians: Transforming Rebel Movements After Civil War (pp. 55-79). Lynne Reinner Publishers, Inc. 169 the FDD\u2019s rebel-to-party transformation.477 In other cases, international assistance had little effect on the parties\u2019 development. Such is the case in Sudan where outside assistance made little difference on the SPLM/A\u2019s development as a political party.478 Similarly in Angola, international support couldn\u2019t fix the enormous post-independence challenges.479 International support in the forms of technical and political assistance was provided to all four political parties observed in this study. Yet, in the cases of Sinn F\u00e9in, the FMLN, and the Lebanese Forces, financial assistance was more substantial which seems to have played a key role in the parties\u2019 future development M-19 Despite a few memberships in regional and international organizations, the M-19 initiated its political life with scant international connections and inexperienced leaders receiving limited organizational and financial support.480 Unlike the other parties, the M-19 peace negotiations with the government were conducted with no guarantees nor international support neither from sympathetic countries, nor the United Nations. While some international financial support was granted to the government and civil society in general ahead of the Constituent Assembly, no financial recourses supported the new party\u2019s efforts to establish itself as a sustainable political option.481 The M-19 was a member of the Socialist International and of the Permanent Conference of Political Parties in Latin America (COPPAL). These memberships facilitated the exchange 477 Nindorera, W. Ibid.Burundi: The Deficient Transformation of the CNDD-FDD. Lynne Rienner Publishers 478 Young, J. Ibid.Sudan: The Incomplete Transition form the to the SPLM. 479 Malaquias, A. (2007a). Angola: From Revolutionary Movement to Reactionary Regime. In From Revolutionary Movements to Political Parties; Cases from Latin America and Africa (pp. 10). Palgrave Macmillan. 480 Villamizar, D. (2017a). Author's Interview with the Dar\u00edo Villamizar [Interview]. 481 Fox, D., Gall\u00f3n-Giraldo, G., & Stetson, A. (2010). Lessons of the Colombian Constitutional Reform of 1991; Toward the Securing of Peace and Reconciliation? In L. Miller & L. Aucoin (Eds.), Framing the State in Times of Transition (pp. 467-482). 170 of information and the development of international relations with like-minded parties around the globe and in South America. The party was also engaged with the Workers' Party of Lula, the Sandinista Front in Nicaragua, the Socialist Party of Uruguay, and the Brazilian Social Democracy Party. To Villamizar, these relationships involved common activities and exchange of ideas but didn\u2019t necessarily yield substantive technical and financial support. As he reported, \u201cThere was training only once, and cooperation in a meaningful and effective ways was fairly limited.\u201d482 In practice, real party-to-party cooperation or meaningful partnerships with other parties belonging to the same ideological family never happened The situation in El Salvador varied considerably. When the formed its political party, it could count on the support of a large number of sister organizations at both the regional and international levels. According to former member Roberto Ca\u00f1as, those organizations were mainly based in Guatemala, Colombia, Uruguay, and Argentina but also Cuba, Algeria, Vietnam. The assistance provided involved mostly training and diplomatic support with some financial assistance.483 According to Mata, the party was mindful of international interference, making sure its engagement with other organizations didn\u2019t interfere with party autonomy.484 With time however, FMLN\u2019s tight relationship with Venezuela led to a disproportionate support from that country, including tacit financial assistance. Eager to see the succeed and retain popularity, Venezuela\u2019s government provided it with important economic assistance. According to a number of reports, a subsidiary of Venezuela's state- owned oil company, Alba Petr\u00f3leos (Alba Oil), was established in El Salvador and invested significant funds in support of the party. Alba Petr\u00f3leos appears to have provided financing that targeted the Salvadoran media and promoted the party\u2019s social responsibility programs, 482Villamizar, D. (2017a). Author's Interview with the Dar\u00edo Villamizar [Interview]. 483 Ca\u00f1as, R. (2018). Interview with the author [Interview]. 484 Mata, R. (2018). Interview with the author [Interview]. 171 including school scholarships, student computers, sports events and the renovation of public schools. Alba Petr\u00f3leos funds are also believed to have paid for publicity on Election Day.485 There were also reports that the oil company\u2019s financing played a part in the ascent of some party leaders and might have instituted corruption inside the party.486 F\u00c9IN For decades, Sinn F\u00e9in\u2019s efforts to seek the support of organizations across Europe and the rest of the world were hampered by the party\u2019s close links to the IRA.487 In addition, during the troubles, British authorities sought to keep international attention at a distance, portraying the conflict as an \u2018internal\u2019 affair.488 These conditions changed significantly after the signature of the Belfast agreement. The peace negotiations shed new light on Sinn F\u00e9in and created the necessary conditions for international cooperation. In the post-agreement period, Sinn F\u00e9in started to seek advice from, and share experiences with South Africa, and offered advice to many similar movements around the world including the Basque separatist movement. Most importantly, the role America played during the negotiations and after peace was sealed proved instrumental. The U.S. government\u2019s involvement in the peace process brought the Irish issue to the center of international attention and gave credibility to the peace talks. The \u201cFriends of Sinn F\u00e9in\u201d, a U.S.-based organization, fundraised vigorously for the party, converting Sinn F\u00e9in into the largest fundraising party on the island. While symbiotic in a number of ways, the relationship between Sinn F\u00e9in and the United States remained complex. The party\u2019s socialist rhetoric, its links to some revolutionary movements and countries, as well as other diplomatic incidents occasionally put a strain on this partnership.489 485 Robles-Rivera, F. (2018a). Financiamiento privado de las campa\u00f1as electorales en Am\u00e9rica Central. ResearchGate, pp 155-161. InSightCrime. (2018). Venezuela Mafia State? Venezuela has become a hub of organized crime in the regionVenezuela and El Salvador: Exporting Aid and Corruption 486 Ca\u00f1as, R. (2018). Interview with the author [Interview]. 487 Maillot, A. s. (2005). The new Sinn F\u00e9in : Irish republicanism in the twenty-first century. Routledge. 488 Walsh, S. (2017). Author's interview with Seanna Walsh [Interview]. 489 Maillot, A. s. (2005). The new Sinn F\u00e9in : Irish republicanism in the twenty-first century. Routledge. 172 Throughout its history, and despite sporadic periods of discord, the Lebanese Forces could count on the support of the Lebanese Maronite church. Through their historic connections with western powers, Maronite patriarchs always strived to ensure that their followers were not discriminated against. More recently, when internal conflicts consumed the Christian community, the Maronite church provided the needed leadership.490 As the party resumed its political activities, it started fostering friendly relations both at the regional and international levels. Strong relations were cultivated with the Gulf countries, especially the Kingdom of Saudi Arabia (KSA) and the United Arab Emirates (UAE). Good rapport was also maintained with the U.S.A. and various Europeans nations.491 Financially can count on a substantial and generous diaspora community scattered around the world, and occasionally on the largesse of some of its regional allies.492 According to Khoury, in addition to technical and financial support, these cross-border relations are mainly aimed at helping the party achieve its ultimate goal which is the promotion of a functional democracy in Lebanon.493 At the same time, the Lebanese Forces is a member of a global network of political parties, and actively participates in events and conferences organized by international institutions. Those include think tanks and NGOs engaged in the promotion of democracy on a global level.494 From a general perspective, international assistance, and especially financial support to the parties studied had an important influence on those parties\u2019 development. While having 490 McCallum Guiney, F. (2010). The Maronites in Lebanon: An Historical and Political Perspective 491 Hasbani, G. (2019). Author's interview with Ghassan Hasbani [Interview]. 492 Kouyoumjian, R. (2017). From Resistance Strategy to a State Project. 493 Khoury, E. (2019). Author's interview with Elie Khoury [Interview]. 494 Hasbani, G. (2019). Author's interview with Ghassan Hasbani [Interview]. 173 important implications on party survival it is difficult to establish that the absence of serious financial assistance would have hampered the new movements\u2019 democratic achievements. With the exception of the M-19, all the cases considered benefited from the largesse of friendly governments, groupings, or individuals who had an interest in seeing those parties thrive. Venezuela\u2019s indirect support to the FMLN, the Irish-American\u2019s financial contribution to Sinn F\u00e9in, as well as the diaspora\u2019s financial support to the Lebanese Forces turned out to be of great consequence. The M-19\u2019s lack of a meaningful source of funding assistance merits consideration and deserves to be further examined, especially in light of the party\u2019s crushing electoral defeat a few years following its emergence. But while limited funding might have contributed to the M-19\u2019s fate as a political party, it certainly didn\u2019t affect the party\u2019s ability to positively contribute to Colombia\u2019s democratization process. On the contrary, and although the party fell apart a few years after its inception, the new political player\u2019s role in stimulating the process that ultimately led to a new Constitution is well recognized and greatly valued The political experience of parties emerging from violent conflict is a useful point of reference when looking at their post-war performance. Prior experience with political organizing through political parties or syndicates has shown to facilitate these group\u2019s transition into political life.495 Perhaps what sets the ill-fated Colombian case most apart from the others is precisely its lack of political experience. The M-19 fell into the traps set by more seasoned parties who had intimate knowledge of the country\u2019s political system, and was unable to grasp the socio-economic significance of the political developments of the time. Even more, the party\u2019s political amateurishness led to taking a number of decisions that 495 Wade, C. (2007). El Salvador: The Success of the FMLN. Lynne Rienner Publishers 174 placed it at a great disadvantage in the electoral battles. In contrast, the Lebanese Forces and the Sinn F\u00e9in carried with them remarkable political knowledge that they had amassed over the years, with highly skilled politicians and renowned national figures with extensive experience in the art of strategic planning. In the same way, albeit to a lesser extent, the could count on the political experience of the FPL, one of the main components of the FMLN, and whose founder was a former leader of the communist party of El Salvador. The leaders had acquainted themselves with the public domain as grassroots organizers and campaign strategists F\u00c9IN Sinn F\u00e9in\u2019s political experience is by far the longest-standing amongst all four cases. Founded in 1905, the Sinn F\u00e9in party started its political activities almost a century before the end of hostilities, gaining ample experience that would prove quite valuable in the postwar period. Sinn F\u00e9in\u2019s experience includes parliament work, social engagement, public service, political outreach, and electoral campaigning. Sinn F\u00e9in\u2019s effective political experience can be traced back to the beginning of the twentieth century when the party formed the first revolutionary parliament, the D\u00e1il \u00c9ireann. The party\u2019s massive victory in the 1918 elections enabled the party to take over the civil administration of the country marking Sinn F\u00e9in\u2019s first public office experience. Controlling the D\u00e1il, the party undertook bold initiatives including the establishment of a system of courts across the island -designed to replace those of the crown- with civil and criminal jurisdiction. Despite their subsequent abolishment, the D\u00e1il courts marked many successes and functioned with great effectiveness.496 Following a long period of political decline, the party came back to life after the Second World War as the mouthpiece of the armed insurgency. Sinn F\u00e9in\u2019s political work was energized in 496 Casey, J. (1970). Republican Courts in Ireland 1919-1922. Irish Jurist, 5(2), 321-342. 175 the wake of the failure of the border campaign of 1956\u201362, when the party turned to propaganda and social agitation to regain popular support. The 1960s\u2019 political revival would have a profound impact on the Republican movement, generating a renewed commitment and winning over new converts. Despite the 1969 split, during that decade, the leadership succeeded in significantly shifting the party\u2019s ideology to the left, and advancing the republican political agenda through raising awareness about other similar radical movements around the world. This social agitation was complemented with active community involvement such as carrying out successful extra-legal actions for the benefit of community members.497 During that period, Sinn F\u00e9in also started establishing links with other political organizations such as the Communist Party of Ireland and trade unions. The emerging civil rights movement was also capitalized on as a possible springboard to further republicans\u2019 objectives.498 Despite the increasingly large role of the armed struggle from 1971 onward, Sinn F\u00e9in continued to play a vital political function, contesting elections, providing insight into activities, and making sure the population remained connected to the cause. In the late 1970s, extensive social support experience was gained at the grass-roots level when Sinn F\u00e9in started operating centers servicing the communities. That was made possible when the \u2018incident centers\u2019, initially created to monitor the ceasefire that was agreed upon with the British authorities in 1975, were turned into \u2018advice centers\u2019 when the ceasefire ended. Taking advantage of the unused facilities, party members set up bases to attend local community members\u2019 concerns. According to Maillot, \u201cThis gave Sinn F\u00e9in activists more grounding in their communities, and ensured that they maintained a presence and a role that had not been fully explored up until that time\u201d. Sinn F\u00e9in\u2019s local engagement through the \u2018advice centers\u2019 generated interest in participating in local elections which the party started contesting in 1979 in the Republic. The election of Bobby Sands and two prisoners\u2019 representatives to the D\u00e1il in 1981, and the bond that was created between activists and their communities at the \u2018advice centers\u2019 further convinced republicans of the potential 497 Cullinane, L. (2010 Happy Blend?' Irish republicanism, political violence and social agitation, 1962-69. Saothar, Published by Irish Labor History Society, 35, 49-65. 498 Maillot, A. s. (2005). The new Sinn F\u00e9in : Irish republicanism in the twenty-first century. Routledge. 176 benefits that elections could deliver. Gradually, Sinn F\u00e9in became more involved in politics, contesting local elections and gaining political experience at the ballot box.499 Sinn F\u00e9in\u2019s increased engagement in the local communities enabled it to recruit and train a disciplined and dedicated activist base that would effectively and efficiently mobilize people to vote during election times. According to Gupta, deeply rooted in the community, this \u2018organizational machine\u2019 would prepare Sinn F\u00e9in to become a serious challenger to its traditional rival, the SDLP.500 The party\u2019s publicity campaigns during the hunger strike, further improved Sinn F\u00e9in\u2019s mobilization abilities, creating mass media awareness-raising from inside the prisons to highlight the horrid conditions in the H-Blocks, and mobilizing public opinion at the national and international levels. As reported by Bosi and De Fazio, the prisoners\u2019 outreach efforts \u2018changed the republican movement from inside the prison\u2019.501 The hunger strikes, also sensitized Sinn F\u00e9in leaders to the importance of forging partnerships and engaging with other sectors of public life, not necessarily affiliated with their own organization, such as community groups or trade unions. In large part, this had been due to the impact of the National H-Block/ Armagh Committee. Created in 1977 to support the protesting prisoners, this committee included, in addition to Sinn F\u00e9in members, members of other organizations from both parts of Ireland. The powerful impact of the committee\u2019s efforts in mobilizing interest for the issue of prisoners\u2019 rights, made Sinn F\u00e9in aware of the benefits of coalition- building to broaden its outreach. From that time on, Sinn F\u00e9in began reaching out to other political parties, interest groups, and elected officials to form alliances on common issues and widen its support base. At the same time, the party started initiating internal discussions 499 Ibid. 500 Gupta, D. (2007). Selective Engagement and its Consequences for Social Movement Organizations: Lessons from British Policy in Northern Ireland. Comparative Politics, 39(3), 331- 351. 501 O'Hearn, D. (2017). Movement Inside and Outside of Prison, The H-Block Protest. In L. Bosi & G. De Fazio (Eds.), The Troubles in Northern Ireland and Theories of Social Movements (pp. 11-32). Amsterdam University Press. 177 on various subjects of interest to the community. According to Maillot, \u201cthis enabled more radical movements and individuals to contribute to the politicization of Sinn F\u00e9in.\u201d502 Sinn F\u00e9in\u2019s long history as a political party, its deep-rooted social links, and extensive political experience acquired over the years, undoubtedly shaped the party\u2019s post-war politics, granting it an invaluable political capital that very few post-insurgent parties are endowed with. As Ireland\u2019s oldest political movement, Sinn F\u00e9in\u2019s political experience inarguably played a significant role in the party\u2019s recent electoral ascent both north and south of the Island The mostly owes its political experience to the communist party, the other four organizations that would the party having had scant political exposure. Having received its legal status in 1932, the communist party had briefly participated in municipal and legislative elections before being banned and persecuted by successive military governments from 1932 until 1979. Undeterred, the had found ways to indirectly participate in several presidential, municipal and legislative elections through various legal channels, such as the Renewal Action Party (PAR) in 1967, and the Nationalist Democratic Union (UDN) between 1970 and 1977. In the late 1970s the communist party formed an opposition unit called the National Opposition Union (UNO) along with the Christian Democratic Party and the Social Democratic Party. Having been in existence until 1992, this union accumulated considerable experience over the years and learned many lessons that would prove to be useful to the when it formed its own political organization. The counted among its active supporters many members of the armed organizations of the early 1970s who secretly supported its activities and acquired important electoral campaigning skills.503 502 Maillot, A. s. (2005). The new Sinn F\u00e9in : Irish republicanism in the twenty-first century. Routledge. 503 Jovel, F. (2018a). Author's interview with Francisco Jovel [Interview]. 178 Some party members -especially those that had executive positions in political parties or unions before joining the ranks of the guerrilla- could claim some political experience and a fair knowledge of political organizing. Leadership and community organizing skills were often acquired at universities or through regional connections. Jovel recounted, \u201cFor example was the leader of the students\u2019 union of the National University for several years until the military closed the University and forced me to go underground\u2026 Additionally, from 1976 to 1978 lived in Costa Rica where witnessed the electoral struggle and learned from other groups\u2019 tactics and strategies.\u201d504 Being closely linked to the population during the wartime, some guerrilla leaders also became seasoned grassroots organizers. According to Samaoya, this skill was acquired during the war days. He explained, \u201cSince El Salvador was such a densely populated country, in order to survive, the guerrilla leader had to be a social organizer to acquire a support base in both rural and urban areas.\u201d Samaoya recalled that the FPL, the largest organization within the guerrilla, had a massive popular front called the popular revolutionary block (BPR). This block organized big marches, rallies, and protests in collaboration with various organizations: teachers, students, high school students, and university students\u2019 organizations. The block also enlisted the Uni\u00f3n de Pobladores de Tugurios (UPT) [Union of Slum Dwellers] representing unemployed inhabitants from marginal and disadvantaged neighborhoods. Being jobless, the who were neither educated nor part of any union, formed part of the social base of the that the guerilla helped mobilize and organize. According to Samayoa, the guerrilla helped raise their awareness about their rights, and the social and economic problems that were creating and perpetuating social bias and economic inequalities.505 These valuable skills were beneficial for mobilizing support but also for collecting data and information that would prove to be a useful basis for crafting policies and devising strategies when the party ascended to power. 504 Ibid. 505 Samayoa, S. (2018a). Author's interview with Salvador Samayoa [Interview]. 179 While the political party only saw the light after the Taef accord, it\u2019s beyond question that the Lebanese Forces\u2019 political experience way predates the peace agreement. According to Kouyoumjian, being the heir of an institution that came about as a result of the merger of a multitude of smaller parties, the party accumulated a wealth of political experience that served it well in its future political undertakings.506 This political experience is mainly attributable to the political acumen of the militia\u2019s founding leaders and to the broad scope of its civilian activities during the war. First established in 1976, the militia encompassed six armed groups connected with six political parties, some of which having been players of major importance on the Lebanese political scene.507 In response to the fighting that had erupted in April 1975, some of the leaders of the parties that formed part of the Lebanese Forces militia, along with other influential figures, gathered to devise a unified strategy under the banner of the Lebanese Front. Composed of renowned national figures and highly experienced politicians, the Lebanese Front\u2019s goal was to fill up the vacuum that was created by the collapsing government. In 1977, the composition of the Front would be modified to comprise only civilian political leaders and intellectuals. The core nucleus of what would become the political wing of the Lebanese Forces included among others, two former Presidents (Camille Chamoun and Suleiman Frangi\u00e9), the President of the Kataeb Social Democratic Party (Pierre Gemayel), and former Minister of Foreign Affairs and United Nations representative (Charles Malik). Driven by prominent, experienced, and seasoned politicians, the political wing of the Lebanese Forces approached the country\u2019s issues in a 506 Snider, L. (1984). The Lebanese Forces: Their Origins and Role in Lebanon's Politics. The Middle East Journal, 38(1), 1-33. 507 Moumni, N. (2014). The Lebanese Forces. Al Kuwwat al Lubnaaniyya, Nach'at al Mukawamat al Maseehiyya wa Tatawwuraha. Dar Sa'er al Mashrek. 180 comprehensive manner, with full knowledge of the stakes involved and with the perspective of national leaders.508 In addition to a skilled political leadership staffed with highly experienced politicians, during the war amassed considerable experience in public service, providing solutions to pressing problems, and attending people\u2019s needs in troubled times. In its portrayal of the militia, Aula describes it as a state within a state, an organization that had established sophisticated data processing and planning centers aimed at managing the day-to-day life in the sector under its domination.509 The Command Council of the Lebanese Forces -mainly composed of the heads of militias- was supported by the Delta and Gamma groups, two levelheaded structures dedicated to providing and organizing information in support of the group\u2019s general activities. The Delta group presented itself as the Lebanese Forces\u2019 data- processing center, providing automation to and systemic management of the militia\u2019s data and activities, as well as enabling easy access to information. The Gamma group on the other hand, was staffed with specialists and experts dedicated to studying Lebanon\u2019s physical and social infrastructure and devising policies for future reference. The subjects of the Gamma group\u2019s studies were so encompassing -touching upon economy, agriculture, industry, finance, electricity, water, sewage, roads, telecommunications and education- that they clearly reflected the group\u2019s mindset, seeing itself as a broad-based national political movement.510 During the war, the Lebanese Forces assumed responsibility in the sectors that were under their control, providing assistance in areas where the State had become unable to meet citizens\u2019 needs.511 LF\u2019s social activities could be classified under four categories: public services, social relief, financial affairs and foreign relations. Emerging out of necessity, the office of public services supplanted the State\u2019s responsibilities when the latter could no longer perform its basic 508 Snider, L. (1984). The Lebanese Forces: Their Origins and Role in Lebanon's Politics. The Middle East Journal, 38(1), 1-33. 509 Aulas, M.-C. (1985). The Socio-Ideological Development of the Maronite Community. The Emergence of the Phalanges and the Lebanese Forces 510 Snider, L. (1984). The Lebanese Forces: Their Origins and Role in Lebanon's Politics. The Middle East Journal, 38(1), 1-33. 511 Harik, J. (1994). The Public and Social Services of the Lebanese Militias. 181 functions. Filling that void provided transportation services, set up public beaches, organized traffic, controlled and regulated prices, ensured consumer protection, looked after public assets, and recorded major public service issues in Lebanon, namely, water, electricity, telephones, roads and traffic control. The Lebanese Forces also preserved law and order, and provided social relief to war victims. In addition, LF\u2019s foreign affairs committee mobilized the Lebanese diaspora across the globe and communicated the Lebanese Forces\u2019 political positions to governments worldwide. Lastly, the Lebanese Forces levied taxes to finance their operations. Much like other parties had set up its own illegal ports in the areas under its control, charging for shipping and receiving cargoes. Until 1982, a substantial portion of LF\u2019s funding derived from the ports\u2019 transactions. Funding was also secured from taxes charged on cinema tickets, restaurant meals, and gasoline.512 Additionally established Popular Committees, initially a Kata\u2019eb initiative aimed at enlisting the cooperation of non-party members, and intended to mobilize community resources to support the militias and perform public services.513 These grassroots organizations were staffed with energetic and hardworking volunteers and put in place under the leadership of leader Bashir Gemayel with a structure that paralleled that of the state service agencies.514 These highly organized committees (reaching a total number of about 122 in 1982) dealt with issues as varied as health, education, finance, environment, civil defense, municipalities, planning, information, social affairs, general inspection, sports and youth.515 The Popular Committees included a Civil Defense Department handling repairs to damaged utilities and assisting the displaced communities, an Environment Office that collected waste, a Health Committee that oversaw the supply of medicine, and a Judiciary Committee staffed with legal experts that provided legal advice while courts were nonfunctional.516 By virtue of the popular committees, the Lebanese Forces were credited with a series of 512 Snider, L. (1984). The Lebanese Forces: Their Origins and Role in Lebanon's Politics. The Middle East Journal, 38(1), 1-33. 513 Ibid. 514 Harik, J. (1994). The Public and Social Services of the Lebanese Militias. 515 Snider, L. (1984). The Lebanese Forces: Their Origins and Role in Lebanon's Politics. The Middle East Journal, 38(1), 1-33. 516 Harik, J. (1994). The Public and Social Services of the Lebanese Militias. 182 accomplishments that were highly visible at the grassroots levels. Those included establishing clinics and providing free medical treatment, offering vocational programs for the youth, and providing maintenance for water, electrical, and telephone systems.517 Despite maintaining that their social activities were never meant to compete with the government, the Lebanese Forces\u2019 tax collection scheme and the militia\u2019s often unfettered conduct often called into question some of these claims.518 For the most part however, the Lebanese Forces were closely allied with the government, enjoying a protective cover from the Lebanese State and from the Lebanese Army. According to Kouyoumjian, this strong relationship rendered the militia\u2019s political activities equally as important as its military operations.519 Elected president in 1982 and assassinated less than a month later, the very charismatic Bashir Gemayel, epitomized the political success of the armed resistance. Summarizing the breadth of experience Kouyoumjian stated, \u201cWe were a military, a political, and a social resistance. We had our own mini-state, collecting taxes and providing social services. The head of the Lebanese Forces, would even be elected president.\u201d520 M-19 Being the first guerrilla in Latin America to lay down its arms, the M-19\u2019s transition into politics represented a unique phenomenon in the region. The new party could not count on lessons learned and experiences from other parties with a similar journey. At the same time, international interest in the conflict settlement was limited and was reflected in the modest international support received after the peace was signed. As Villamizar recalled, \u201cThe party couldn\u2019t benefit from the experience of similar cases in the region, and rode alone, poorly supported. Unlike the who received substantial regional and international assistance, 517 Snider, L. (1984). The Lebanese Forces: Their Origins and Role in Lebanon's Politics. The Middle East Journal, 38(1), 1-33. 518 Ibid. 519 Kouyoumjian, R. (2020). Author's interview with Richard Kouyoumjian. In. 520 Ibid. 183 the M-19 was a novelty in the region.\u201d521 Many interviewees reported that the budding party\u2019s inexperience led to walking into many traps and frequently making the wrong choices. One such choice was the party leader\u2019s decision to disqualify members of the Constituent Assembly from participating in the elections for Congress. This decision had detrimental consequences as without realizing it, the party had excluded its best candidates from running for the legislature. Traditional parties who had a better understanding of the workings of politics entered the agreement with a more sagacious plan. Their Constituent Assembly spots were filled with intellectuals, leaving their prominent political figures free to run when election came. As Posso put it, \u201cThe traditional parties were represented with what is referred to in soccer as \u2018a reserve team\u2019 whereas the M-19 members of the Constituent Assembly were the leaders of the movement.\u201d522 But this assessment also reveals the former guerrilla\u2019s dearth of capable leaders and party cadres with leadership skills. After all, the Constituent Assembly only counted 19 members of the former guerrilla, but the party\u2019s inability to find qualified candidates outside of that restricted circle, exposed the new party\u2019s unpreparedness and inadequate ability to lead. Still, many members had some previous political experience, several of them having been members of unions or dissidents of traditional parties however, promoting the new party required a different type of know-how.523 In addition to not understanding the power of electoral machinery, party members were naive and failed to grasp their opponents\u2019 strategies. Inexperienced party leaders did not appreciate the complex world of campaign strategies and elections rhetoric. Furthermore, the party lacked the vision needed to devise electoral strategies that reflected the complex nature of Colombia\u2019s political reality. According to Pati\u00f1o, the party failed to understand the relationship between drug trafficking and politics, at a time when drug cartel leaders strived to undermine the social and political gains that were made from the revised 521 Villamizar, D. (2017a). Author's Interview with the Dar\u00edo Villamizar [Interview]. 522 Gonz\u00e1lez Posso, C. (2018). Author's interview with Camilo Gonzales Posso [Interview]. 523 Novoa, A. (2018a). Author's interview with Armando Novoa [Interview]. 184 constitution. Referring to the alliance between the Liberal Party and the Medellin drug cartel, Pati\u00f1o pointed out to the M-19\u2019s naivety when it came to assessing that political dynamic. He observed, \u201cWe were not able to read what was happening at that time in the country\u2026 drug cartels exerted a lot of efforts to strengthen traditional parties\u2026 In 1994, Ernesto Samper wins the elections and the Liberal Party arrives to power with the support of the drug traffickers.\u201d524 Navarro conceded with some bitterness that candidness played a big role in the unexpected turn of events, \u201cWe must also accept one thing: to go from arms to politics is to get into a very unknown world, it is the world of elections. We still had never participated in elections, and never voted. If had known in 1991 what know today, this would never have happened.\u201d525 But if the party lacked vision and foresightedness, it was also a result of the absence of internal cohesiveness, and lack of unity. As will be discussed in chapter 6, the new party membership was notorious for its heterogeneous lineage and ideological diversity. These attributes would further impede the group\u2019s transformation into a viable political party Undoubtedly, political experience plays a crucial role in the political performance of parties transitioning from arms to politics. Sinn F\u00e9in and the Lebanese Forces\u2019 remarkable ascent despite the enormous challenges faced, shows the importance of political know-how in electoral politics. Carlos Pizzaro rightly talked about the \u201cleap into the unknown\u201d while describing the M-19\u2019s decision to give up arms while totally unprepared to confront the political battles ahead.526 The opposite Colombian experience presents evidence of the role played by political experience in future performance at the ballot box. The party\u2019s lack of political know-how in an environment where polarization was high and competition was fierce quashed its electoral bargaining. Nevertheless, while political inaptitude can be 524 Pati\u00f1o, O. (2018a). Author's Interview with Otty Pati\u00f1o [Interview]. 525 Navarro, A. (2018). Author's interview with Antonio Navarro [Interview]. 526 Grabe, V. Peace Processes 1990-1994. 38-49. 185 considered an important element in the party\u2019s fortunes as a political actor, lack of political experience seems to have been inconsequential in relation to the party\u2019s overall accomplishments and its contribution to the expansion of the democracy at the national level. 186 187 4 The internal functioning of political parties that emerge from violent conflicts have been the subject of many studies (Ibarra & Puig 2007; Manning, 2007; Ishiyama & Batta, 2011; Wade, 2007). The extent to which these factors have played a role in the parties\u2019 ability to advance democracy at the national level has been largely overlooked. In this section examine a number of elements that determined the internal functioning of the four parties under review to study the impact of these components on the parties\u2019 achievements. In the following chapter will give special attention to these parties\u2019 ideological evolution and its possible repercussion on their behavior in the postwar period. The elements considered in this chapter are: 1. Internal democracy and inclusiveness a. Leadership selection and party discipline b. Inclusion of women, youth, and minorities 2. Internal cohesion 3. Communication with the electorate and other stakeholders 4. Finances 5. Role of leadership In three of these cases, women\u2019s active participation seems to have positively influenced the parties\u2019 agendas in advancing human rights in general. But the absence of an important female pressure in the fourth case -equally as successful on that front- suggests that female inclusion had less implications than could be assumed. Similarly, while the largesse of a generous diaspora and supporting allies proved crucial for ensuring sustainability, lack of funding didn\u2019t seem to negatively impact party achievements either. This is also true for leadership, and party cohesion. It\u2019s difficult to argue that the parties\u2019 democratic achievements were tied to the presence of powerful leaders or to party homogeneity even if 188 strong unifying figures and institutional unity, significantly reduced the risks associated with the transition and helped these parties survive and thrive. Same applies to communication skills even though in the cases of Sinn F\u00e9in and the Lebanese Forces, good political communication increased their ability to gain support and fulfil their roles as institutional intermediaries. Finally, yet importantly, the promotion of democratic practices at the national level didn\u2019t seem to be contingent upon the practice of democracy at the party level. Indeed, and despite their national contributions, shaky democratic procedures appear to have been key features of all four parties Internal democracy within political parties refers to the methods used to ensure that members are engaged in decision-making. According to Norris, concrete steps towards reaching internal democracy include the decentralization of decision-making in the candidate selection process or promoting the inclusion of women and ethnic minority candidates for elected office.527 It is assumed that the rules and regulations included in the party bylaws comprise measures that would ensure that party activists are engaged in a meaningful way in the decision-making process at all levels of the party. These measures would include activists\u2019 participation in debates that discuss various issues related to elections, candidate selection, or party principles. According to Close and Prevost, the abandonment of verticalism, the command structure that characterizes military organizations, presents the biggest challenge facing this type of political parties. The author 527 Norris, P. (2004). Building Political Parties: Reforming Legal Regulations and Internal Rules. 189 observed that wartime habits usually spillover the peacetime behavior and slow the internal democratization process.528 The debate over these four parties\u2019 internal democracy operations happened at a time when the internal functioning of political parties in general was the subject of intense discussions and analysis. Upon demobilization, these parties used this opportunity to try to assert their difference and showcase their progressive practices. In addition to defining the rights and duties of party members, the bylaws adopted by these parties, ensured representation and accountability. Bylaws defined members\u2019 responsibilities at the local, regional, and national levels; the relationship between different bodies; and measures to seek input from membership in the decision-making process or while selecting candidates. However, a deeper look into these parties\u2019 operations shows that when applied in practice, these rules and regulations were often poorly implemented. While internal democracy seems to have been a major focus of the party statutes, centralized control and a weak democracy in the decision-making process often characterized these institutions, undoubtedly a legacy of their past as an armed organization. In the specific case of the M-19 the party bylaws were drafted but never approved nor applied even if in practice, the party seems to have been arguably the most open to internal debate. As evidenced in the political parties\u2019 literature however, this feature is not unique to this type of parties. Many scholars noted similar conclusions in mainstream parties as well. These observations can be seen in Jeffrey Obler\u2019s (1974)529 work who, using the example of Belgian political parties observed that, while offering a democratic appearance, candidate recruitment processes usually limit the influence of party members and reduce the role of rank-and-file members to simple endorsers. Similarly, analyzing the candidate selection procedures within 83 parties in twelve West European countries, Krouwel (1999)530 had 528 Deonandan, K., Close, D., & Prevost, G. (2007). From revolutionary movements to political parties : cases from Latin America and Africa (1st ed.). Palgrave Macmillan. 529 Obler, J. (1974). Intraparty Democracy and the Selection of Parliamentary candidates: The Belgian Case. British Journal of Political Science, 4(2), 163-185. 530 Krouwel, A. (1999). The Selection of Parliamentary Candidates in Western Europe: The Paradox of Democracy 190 concluded that those organizations follow oligarchic and rather undemocratic modes of parliamentary candidate selection. Interestingly though, Gallagher (1980)531 who covered Irish parties\u2019 candidate selection processes, determined that ordinary party members in those parties have more power than their executive elite counterparts than in most countries, which might explain the higher internal democracy standard for Sinn F\u00e9in than for the other three parties studied Certification requirements for legislative candidates and party leaders are usually set by the parties\u2019 internal bylaws. These could require specific qualifications such as party membership for a certain number of years prior to candidacy; a specific type of experience; a particular type of background; or a certain type of education. Once qualified, potential candidates proceed to the nomination stage. Typically, the nomination process is clearly spelled out in the internal constitution however, in most parties, very little is known about the actual dynamics of the procedure. According to Norris, this procedure is considered crucial as it represents the degree to which leadership owns the decision-making, the breadth of participation, and the scope of decision-making.532 The two primary elements holding back intra-party democracy in the cases studied, were found to be enduring leaderships and the nomination process. The limited choices for ruling positions and shaky democratic procedures in the selection process appear to be key features of the parties under review. Everlasting leaders at the helm of the Sinn F\u00e9in and the Lebanese Forces and a strong notion of democratic centralism in the reflected institutions that had retained some of the dispositions of their previous military organizations, a shared feature of post-insurgent parties. In the case of the M-19, party-building never constituted a priority and the carefully considered bylaws merely remained ink on paper. 531 Gallagher, M. (1980). Candidate Selection in Ireland: The Impact of Localism and the Electoral System. British Journal of Political Science, 10(4), 489-503. 532 Norris, P. (2004). Building Political Parties: Reforming Legal Regulations and Internal Rules. 191 M-19 Without any doubt, of all four parties, the M-19 had the loosest structure. Drafted in 1991, the party bylaws included a set of rules that defined the vision of the internal life of the party. The document comprised the organizational structure of the party, in particular the different bodies that would compose it at the national and regional levels as well as the rights and obligations of party members. The bylaws outlined the duties and responsibilities of party members and the workings of the various bodies and procedures: the national congress; the national directorate; the national executive committee; the ethics, guarantees, and conflicts and vigilance commission; the national audit commission; the departmental assembly and departmental directorate; the departmental executive committee; the municipal organization; and the applicability of sanctions.533 The first chapter of the bylaws, clearly stated that the M-19 would stimulate participation and collective decision-making. Article 1 of that chapter stipulated that the management positions and candidacies for popular election positions would \u2018preferably\u2019 have an elective character. Other than having attained the age of 14 years, candidacy requirements were rather unclear. The bylaws stated however that any member has the right to elect and be elected to positions of direction or popular elections, including the National Congress, the organ considered as the supreme authority of the party. Renewed every two years, the National Congress was tasked with approving the party documents and electing the members of the national directorate, executive committee and other national commissions. Candidacy for the National Directorate of the M-19, was also subject to the same requirements as those expected from the National Congress delegates. These were set to be elected through majoritarian secret vote. Voted for by the National Congress, the National Directorate comprised the president and vice-president of the organization, as well as the head and deputy head of the parliamentary bloc of the M-19.534 The bylaws granted 533 Proyecto de Estatutos, Documento de Discusion Febrero-Marzo 1991 534 Ibid. 192 complete freedom of expression and discussion, allowing partisans to disagree with the decisions of the different organs as long as they maintained unity of action in society. Currents of opinions within the party were allowed and considered a stimulant for debate.535 These bylaws however were never approved nor applied. Former member of the EPL, Alvaro Villaraga recounted that the internal regulations were drafted by a commission and submitted for review but there was never any follow-up.536 Since the bylaws were never approved, they were not really binding to party members. Villamizar, who holds the original drafts of the bylaws in his archives conceded that the essence of the party bylaws promoted the formation of internal tendencies -the for example had formed a very clear tendency- and resulted in internal divisions that the party struggled to dissolve.537 But while not ideal, the party\u2019s internal democracy was rather functional. According to Villamizar, despite the common perception that the selection of the Constituent Assembly members and the national elections lists were \u2018el boligrafo de Navarro\u2019 (Navarro\u2019s pen) the party had significant levels of internal consultation. National assemblies were held where delegates were elected in various parts of the country. Various bodies were also democratically chosen including a superior command, a five-person collegiate directorship, an ethics committee, and a political training commission. As he put it, \u201cThe party tried to avoid the individual centric approach. These were forms of participatory democracy, the selection of candidates was a very debated issue\u201d.538 Despite the loose organization, and weak structure M-19 party members actively participated in the internal debates and the decision-making process. Commenting on the \u201cNavarro\u2019s pen\u201d allegation, Navarro pointed out that the party\u2019s internal functioning was the furthest away from authoritarianism and even claimed that the Alianza would have benefited from a measure of self-control and orderliness. Referring to Eric Hosbawm's description of the \u2018Leninist cadres\u2019 -the working-class leadership in the 535 Ibid. 536 Villaraga, A. (2017). Interview with the author [Interview]. 537 Villamizar, D. (2017b). Interview with the author [Interview]. 538 Ibid. 193 communist parties- Navarro sought to highlight the non-authoritarian nature of his leadership by drawing a difference between this type of membership -fully committed and unconditionally loyal to the party- and that of the M-19. To the former party President, the party would have encountered a totally different fate had it followed the Leninist style, not so much in terms of ideology but as a type of organization. Instead, he noted, the M- 19 turned out to be similar to the Salvadoran Democratic Party, a centrist political party formed by Joaqu\u00edn Villalobos. According to the former leader, the M-19 and the Democratic Party had political practices that left too much room for debate and consultation. Both parties he said, would disappear. Using the examples of the Cuban Communist, Soviet, Vietnamese, and Chinese Parties he explained his approach, \u201cThe party of cadres is a very strong form of organization. In the FMLN, the most Marxists [members], having had a party structure of cadres, have survived; the most liberal ones have not. We never had this practice of party of cadres, the good and the bad, that allowed the rest of the to survive. We were social democrats. The is very orthodox but very organized. Even in Colombia the communist party still lives on through the Union Patriotica [Patriotic Union]. The party was founded in the early 1920s and is still alive! If we were a Leninist party, we would have survived\u201d.539 In fact, the M-19\u2019s members were more suggestive of Durverger\u2019s \u2018cadre parties\u2019 members, the restricted group of influential, well-connected people that receive little or no political education from the party. To many, Navarro himself was largely responsible for this failure to create an effective organizational structure. According to Boudon, Navarro\u2019s leadership and pragmatic approach -emphasizing deal making and electoral competition rather than organizational development- is chiefly responsible for the electoral collapse of 1994. To the author, the M-19\u2019s party leadership neglected institutional building and disregarded its duties with respect to strengthening the party\u2019s internal functioning. Consequently, the party leadership wasted an opportunity to build solid foundations that would have ensured the sustainability of the political project after the Constituent Assembly 539 Navarro, A. (2018). Author's interview with Antonio Navarro [Interview]. 194 had completed its task. Boudon argued that Navarro and other leaders\u2019 inability to run for congress after the 1991 congressional elections should have motivated them to devote themselves to internal matters and to prevent the differences in opinion from becoming more entrenched squandered opportunity that might have saved the party from its inexorable decline.540 Contrary to the M-19, the had a skeleton of a party structure since the war days. With an outline of a national structure already in place, after peace was signed, the newly formed party needed to create the mechanisms that would make the organization functional in a non-clandestine world, and more appealing in El Salvador\u2019s rough political environment. Having been constituted by five organizations with different ideologies and organizational practices, the had to convene to agree on a common plan of action. As an offshoot of the Salvadoran communist party, the was best prepared to take the lead in the organizational efforts since it had consistently been at the fore of the coordination between the armed insurgency and its support groups in the community. Since the early days of the struggle, the had created a structure that linked urban commandos to organized sectors of the society including students, teachers, peasants, workers, and residents of underprivileged neighborhoods. The had set up a commission tasked with coordinating the actions of the urban commandos with those of the social organizations with which it had established contact. As the regime intensified its authoritarian practices, the commission\u2019s functions were expanded, and the militants of the urban guerrilla gradually assumed control of the popular movement. In July 1975, the consolidated the activities of the popular organizations that were already under its sphere of influence and formed the so-called Popular Revolutionary Bloc (BPR).541 Describing the valuable role that the played during this process, Salvador Samayoa noted, \u201cOnce again the most hierarchical, most 540 Boudon, L. (2001). Colombia's M-19 Democratic Alliance case Study in New-Party Self- Destruction. Library of Congress, 28(1), 73-92. 541 Mart\u00edn \u00c1lvarez, A. (2011). De guerrilla a partido pol\u00edtico: El Frente Farabundo Mart\u00ed para la Liberaci\u00f3n Nacional (FMLN). Historia y Pol\u00edtica, 25, 207-233. 195 structured, and most ideological unit was the FPL, the group that held a communist ideology. The helped create a structure for electoral purposes, and party committees in each municipality; a kind of local-level organization we did not have before.\u201d542 The structure of the party was designed to comprise four different levels, the national, the departmental, the local and the sector-based levels.543 The had taken the lead in developing the organizational structure of the party, a key role that would propel the FPL\u2019s prominent position within the newly formed party. Until the party became subject to external regulation, internal democracy within the was slow to take place. Lack of internal consultation created major discontent amongst the progressive thinking members as decisions were usually made by the political commission and only ratified by the rest of the party members. Many former party members reported that the democratic transformation from armed group to political party was very sluggish.544 Ca\u00f1as recalled that when the party was formed, it still behaved like a military organization. He remarked, \u201cThe military does not consult to make decisions and guerrilla organizations are military organizations. The made an incomplete democratization effort because it always gave more weight to the decisions of the leadership rather than the opinions of the party members.\u201d545 But this domineering approach would soon lead to a rise of unhappy and disgruntled members who grew increasingly frustrated with the authoritarian atmosphere. In the mid-nineties, differences between two organizations and the rest of the Frente started becoming more obvious with the and ERP\u2019s call to abandon Marxism-Leninism and gear the toward a social-democratic party.546 These two organizations opposed the party\u2019s shift towards \u201cdemocratic centralism\u201d which they saw as the equivalent of an authoritarian type of governance and members believed that the new party\u2019s 542 Samayoa, S. (2018b). Interview with the author [Interview]. 543 Estatuto del Partido Politico Frente Farabundo Mart\u00ed para la Liberci\u00f3n Nacional, FMLN, (2017). 544 Author\u2019s interviews with Ca\u00f1as, 2018; A.G. Mart\u00ednez, 2018; and Samayoa, 2018. 545 Ca\u00f1as, R. (2018). Interview with the author [Interview]. 546 Mart\u0131\u0301n A\u0082 lvarez, A., Berghof Foundation for Conflict Studies, & Berghof Forschungszentrum fu\u0308r Konstruktive Konfliktbearbeitung. (2010). From revolutionary war to democratic revolution : the Farabundo Mart\u00ed National Liberation Front (FMLN) in El Salvador. Berghof Conflict Research. 196 internal governing system applied a pretense of internal democracy when in fact, it was closer to authoritarianism. As Ana Guadalupe Martinez exclaimed, \u201cThe party applied democratic centralism around the historical leader of the Communist Party, Schafik Handal\u2026 That is a Marxist term that means that there is a central direction but then it is not democratic, no!\u201d547 The orthodox trend favored the restriction of internal discussions and introduced concepts of forced discipline. Samayoa remembered that the opposite trend referred to as the renovators, vehemently opposed these ideas and posited that discipline had to be advised rather than imposed. He explained, \u201cDemocratic centralism, which was a Marxist-Leninist management style used in communist parties, meant that the party organisms could deliberate and give their opinion, which is why they used the word \u2018democratic\u2019, but in the end the verdict was centralized in the sense that once a decision was taken by the political commission, practically everyone had to follow it. There was partisan discipline in that\u201d.548 Joaqu\u00edn Villalobos, leader of the and outspoken critic of the traditional idea of socialism advocated by the communist branch of the party, suggested the establishment of a modern party based on social democracy. According to Jovel, the renovating trend headed by Villalobos was looking to adapt to the new world conditions, and embrace a more democratic approach. He explained, \u201cThe renovating current believed that in the aftermath of the peace agreement it was necessary to take into consideration the collapse of the socialist camp. At that time, Latin America was also striving to reinvent its leftist movements especially after Nicaragua\u2019s Sandinistas\u2019 electoral loss.\u201d549 It\u2019s only in February 2013 that a new law, regulating political parties within the norms and principles of representative democracy, introduced best practices and improved the level of consultancy at all levels of the party.550 This law would mark a turning point in the party\u2019s internal democracy practices, reducing centralization and enhancing the decision-making and deliberation processes. 547 Mart\u00ednez, A. G. (2018b). Interview with the author [Interview]. 548 Samayoa, S. (2018b). Interview with the author [Interview]. 549 Jovel, F. (2018b). Interview with the author [Interview]. 550 Samayoa, S. (2018b). Interview with the author [Interview]. 197 Many party members would voice their satisfaction with this evolution, with many praising the extra efforts made at the party level to show that members\u2019 opinions are valued, and make sure that decisions reflect widespread support. After two decades and half of party life, the party could finally claim that its internal democracy was fairly functioning. According to Charlin Suniga, the Political Commission and Youth Secretary General, the party regularly conducted evaluations to gauge members\u2019 satisfaction and was generally open to dialogue even if party decisions ought to be followed by all.551 Internal elections took place by secret ballot and involved all members. According to Mata, in the May 2018 internal elections, 70% of about 40,000 members voted to elect the party\u2019s presidential candidate Hugo Mart\u00ednez, without anyone contesting the results. But by that time, the party had silenced dissent and consolidated the ranks of the party to include mostly members who were loyal to party leadership.552 Despite praising their organization\u2019s efforts, many members recognized the need to make further improvements on both the legal and capacity building levels. Members\u2019 engagement they would claim is impeded by many members\u2019 passive attitude and lack of initiative. As Blandino put it, \u201cMuch of what is missing has to do with political education. Some colleagues say that decisions are made without taking their opinions into consideration but if you do not participate, they will not take your opinion into account!\u201d 553 On the whole, despite championing democracy at the national level, the remained largely autocratic during the first two decades of its political life. And while intra-party democracy greatly improved over time -as a consequence of both national measures and internal efforts- many deficiencies and concerns remained The Sinn F\u00e9in party bylaws specify the party\u2019s principles and objectives and detail the structure and rules of the organization including election rules to party office 551 Suniga, C. (2018). Interview with the author. In. 552 Mata, R. (2018). Interview with the author [Interview]. 553 Blandino, R. A. (2018b). Interview with the author [Interview]. 198 responsibilities, and candidacy to government positions. The document also details the party\u2019s financial management, the organization of the annual conference as well as the duties and responsibilities of the organization\u2019s various bodies. Despite the absence of a term limit for the leadership position, an annual re-election of party leadership is included in the party provisions. According to Whiting, the possibility for any party member to contest the position of leader attest to Sinn F\u00e9in\u2019s commitment to inclusivity and leadership accountability.554 Many party members interviewed indicated that, except for marginal issues, Sinn F\u00e9in is by and large fairly democratic internally, representatives being elected according to the bylaws, and positions given serious consideration by contenders (Gibney, 2019; MacDonncha, 2019; Walsh, 2017). According to Jim Gibney, the views of the locally- based An Cumann structures are the foundations upon which party decisions are based. Describing the bottom-up approach Gibney noted, \u201cThe base of the party is the foundation of the party. The An Cumann which is the ground floor of the party, is the structure around which the party operates in every part of Ireland.\u201d555 This view, prevalent within the party, tends to overlook what many observers see as a certain level of regimentation and a management style that at times, engages in arbitrary practices. Sinn F\u00e9in\u2019s hierarchical nature of the decision-making process has often been criticized as far too driven by leadership. Maillot (2005) reported that, being a party of activists, it is striking that effective participation of Sinn F\u00e9in members in the governing of the organization at various levels of the institution is rather limited.556 The re-election of same leader for 35 years corroborates these claims. According to disgruntled former party members, fictitious debates within the party, often concealed deeply entrenched authoritarian practices. Former member, Ruadh\u00e1n Mac Aodh\u00e1in explained, \u201cEvery year they have a conference where everyone can put their name forward but that\u2019s not how it works. In fact, no one dares to challenge the supreme leader. There is a 554 Whiting, S. (2016). Mainstream Revolutionaries: Sinn F\u00e9in as a \"Normal\" Political Party? Terrorism and Political Violence, 28(3), 541-560. 555 Gibney, J. (2019). Author's interview with Jim Gibney [Interview]. 556 Maillot, A. s. (2005). The new Sinn F\u00e9in : Irish republicanism in the twenty-first century. Routledge. 199 tiny group of people that make all the decisions. Bylaws are a rubber stamp. The reality is that there are six persons on the executive committee that make all the decisions. It\u2019s a patronage system\u201d.557 According to Whiting, despite progress, the party\u2019s revolutionary past still weighs heavily on the management system and features such as central control and party discipline are still prevalent.558 The 2018 leadership elections where only one candidate was nominated to replace historic leader Gerry Adams who had led the party for the past 35 years is one such example. Despite leadership claims that there were no restrictions on any other candidates, the message was clear after Sinn F\u00e9in Vice President, Mary Lou McDonald succeeded Adams. Explaining the leadership decision, Mac Donncha argued that the long-term leadership of some political figures is a consequence of a shortage of candidates, not the result of restrictions being imposed on other candidates. He explained know the media tries to portray us in a sinister way as very strictly ruled or administered but that\u2019s not true\u2026 many people saw Mary Lou as the natural successor since she was the vice-president\u2026 Sometimes it\u2019s hard to find people to move forward to these positions, it\u2019s not that democracy is not adhered to, it\u2019s to get enough participation.\u201d559 Being a party of activists, a high level of commitment and dedication is expected from Sinn F\u00e9in members. Members are expected to follow seven two-hour training sessions outlined in a members\u2019 guide document on various topics such as republican principles and ideology, socialism, feminism, media awareness, and historical analysis.560 Supporting party policies at election times is of vital importance across the island. This particularly applies to Northern Ireland where Sinn F\u00e9in\u2019s strong electoral machinery plays a vital role, motivating the electorate and ensuring that the vote comes out on election day. As \u00d3 hAdhmaill explained, 557 Mac Aodh\u00e1in, R. (2019b). Author's interview with Ruadh\u00e1n MacAodh\u00e1in [Interview]. 558 Whiting, S. (2016). Mainstream Revolutionaries: Sinn F\u00e9in as a \"Normal\" Political Party? Terrorism and Political Violence, 28(3), 541-560. 559 Mac Donncha, M. (2019). Author's interview with Miche\u00e1l Mac Donncha [Interview]. 560 Maillot, A. s. (2005). The new Sinn F\u00e9in : Irish republicanism in the twenty-first century. Routledge. 200 \u201cIn my home area of Belfast where come from, Sinn F\u00e9in would estimate that 80% of the population would vote Sinn F\u00e9in so the important thing for them at election times was to get everybody out to vote because they knew that 8 out of 10 people were going to vote Sinn F\u00e9in. In the South of Ireland, the numbers differ and the area is much vaster. Party activists are less numerous and would have to cover bigger areas where party support is much less important.\u201d561 According to Whiting, central control and party discipline are essential features of the organizational structure of Sinn F\u00e9in. Mostly inherited from Sinn F\u00e9in\u2019s history and previous connection to the Provisional IRA, this tight intra-organizational discipline is discernable through members\u2019 deep loyalty to party leadership.562 \u00d3 hAdhmaill conceded that there is a notion of democratic centralism within Sinn F\u00e9in. He indicated that the party was democratic enough in terms of the mechanics of decision-making however, and while members can voice their opinions freely, leadership decisions have a binding effect on everyone in the party. Intraparty differences are discussed internally, usually at the Ard-Fheis, the annual convention where members can freely express their views and show support or opposition for certain positions or a potential candidate, but party decisions are expected to be publicly supported by all. As he noted, \u201cThere are discussions, there are votes, and then decisions are made. Once the decisions are made, people are expected to agree to the decisions. In other parties, people can publicly attack their leadership, have differences of opinions, and manifest those differences in their voting behavior; this conduct wouldn\u2019t be tolerated in Sinn F\u00e9in.\u201d One such decision was the party\u2019s abortion policy. \u00d3 hAdhmaill remembered that on abortion, Sinn F\u00e9in\u2019s stance was very firm, \u201cMost parties would say to their members you can have a personal vote on this, whereas Sinn F\u00e9in would say \u2018this is the party policy and 561 \u00d3 hAdhmaill, F. (2019). Author's interview with F\u00e9ilim \u00d3 hAdhmaill [Interview]. 562 Whiting, S. (2016). Mainstream Revolutionaries: Sinn F\u00e9in as a \"Normal\" Political Party? Terrorism and Political Violence, 28(3), 541-560. 201 you have to have this vote.\u201d563 But getting members to unconditionally support party policies was a double-edged sword and didn\u2019t come without challenges. Media outlets frequently accounted for allegations of bullying and intimidations within the party. Over the past few years, a series of resignations, suspensions or expulsions targeting more than a dozen elected representatives have been reported, tarnishing the party\u2019s image.564 These failings however, didn\u2019t seem to deter voters, the party\u2019s recent electoral victories bearing witness to the party\u2019s approval rate and general endorsement despite the shortcomings When it was brought back to life in 2005 after 14 years of suspension, the party adopted a set of internal bylaws establishing the party structure, the rules of representation, and the rights and duties of party members. Drafting statutes that promoted internal democracy proved to be a challenging task. Habchi indicated that the creation of the document in itself was a source of controversy inside the party, many members feeling uneasy with too much democracy. He recalled, \u201cSome leaders were convinced that Lebanese parties were not ready to create such a democratic institution. Others believed that we had to start somewhere.\u201d565 After more than three years of discussions, debates, and extensive research, the party put together a very elaborate 43-page document detailing the functioning of the party organization, its philosophy, purpose, and finances. The Lebanese Forces management is mostly administered through memos. The party issues memos on various subjects regulating attitude and behavior. Memos can be destined to all members or only certain member categories. Elected representatives and government officials maintain different channels of communication than other members. Zarifeh explained that while regular party members are expected to abide by all party decisions, Members of Parliament (MP) and Ministers follow a different procedure. He explained, 563 \u00d3 hAdhmaill, F. (2019). Author's interview with F\u00e9ilim \u00d3 hAdhmaill [Interview]. 564 Irish Examiner. (2018). Bullying claims return as awaits new leader Irish Examiner. 565 Habchi, A. (2019). Author's interview with Antoine Habchi [Interview]. 202 \u201cMinisters and MPs have their own rules. However, when it comes to the general guidelines, they also follow the party decisions. All party members are subject to disciplinary proceedings clearly spelled out in the party bylaws.566 In its bylaws, the party established mechanisms allowing party members to efficiently communicate their concerns to the leadership, including the capacity to outreach directly to the upper management when needed. Wisam Raji, reported that this feature is very unique to the LF. He explained, \u201cThe way the system works allows the people at the base to transmit their concerns whether small or big. They can even have a personal discussion with the leader to get his feedback on a specific issue if needed. The system is designed in gradual hierarchy, not vertical decline in hierarchy.\u201d Raji also noted that broad consultations often take place to gauge members\u2019 satisfaction and get their feedback on procedures and policies. Meetings and formal gatherings, as well as written requests are some of the avenues used to stimulate internal dialogues and facilitate communication.567 But despite clear internal rules and procedures regulating the democratic mechanisms of internal decision-making, the party\u2019s internal democracy has been far from perfect. Party bylaws stipulate that elections should be held every four years to renew the president\u2019s mandate and those of the heads of local and regional centers. To this day, very few such elections have taken place and party chairman Samir Geagea has been heading the party for almost three decades without being reelected a single time. When asked about the lack of democracy inside the party, Geagea conceded to flaws in the system but also pointed out to the fact that democracy within a party is not as critical as in other instances. To Geagea, the liberty to join or leave a party is in itself a free election. He explained, \u201cPeople join a party, knowing who the leader is and how it works and decide to remain in the party also knowing who heads it and how decisions are made.\u201d568 The high retention rate in the Lebanese Forces party does bear witness to the members\u2019 overall satisfaction with the inner workings of the organization. In fact, while not holding elections, the party developed ways to engage 566 Zarifeh, F. (2019). Author's interview with Fady Zarifeh [Interview]. 567 Raji, W. (2019). Author's interview with Wissam Raji [Interview]. 568 Geagea, S. (2022). Author's interview with the leader of the Lebanese Forces [Interview]. 203 members in different forms of consultations on a regular basis. It is common practice at the Lebanese Forces to hold extensive deliberations on all sorts of issues. Khoury emphasized that in the party, freedom of opinion is encouraged and internal dialogues, extensive deliberations, and even internal disagreements are very common especially at the level of leadership. The party\u2019s shadow government he argued, is a clear example of the party leadership\u2019s openness to internal criticism and free expression of thoughts. The behind-the- scenes team of experts that advises members of government he contended, can often be in disagreement with the party ministers. This team of six to ten people he reported, often engages in heated debates about positions held by ministers or their performance as members of the executive branch.569 But participation at the lower-levels of the organization remained less obvious and a better understanding of the reasons behind the holding back of elections revealed a number of difficulties that the party is struggling to overcome. The issues brought out included family feuds, geographical obstacles, and security paranoia. According to Baraghid, while party members\u2019 allegiance to their historical leader is unquestionable, internal disagreements between party members are ubiquitous. Conflicts within the party mostly happen at the local branches\u2019 level where two or more families usually compete for the control of the party office. Baraghid reported that these family disputes rendered internal elections very polemical. In order to circumvent internal clashes, management was forced to resort to more participative approaches such as consensus building and consultations to renew leadership positions. He explained, \u201cWe are trying to find alternative solutions. One way is to try to obtain unanimity on a name, not a neutral person but a person that enjoys consensus. Another way is to consult with members asking them who they want, it is not an election but sort of a survey. If we find out that the majority favors one name, we go for it. If consensus building or consultations don\u2019t work, then we will have to abide by the bylaws and hold elections whatever the results.\u201d570 569 Khoury, E. (2019). Author's interview with Elie Khoury [Interview]. 570 Baraghid, E. (2019). Author's interview with Baraghid [Interview]. 204 Defending the consensus building method, Head of Foreign Affairs Department Elie Hindi pointed that, in addition to avoiding the anticipated confrontations generated by a forthcoming elections, this method increased participation while retaining membership. He argued, \u201cWe don\u2019t do elections for the sake of elections\u2026 In the party, the moment you say: we are going for elections, you will have two to three groups fighting and competing with each other. Why? Just to say we have democracy? If we can get 90% of the people to agree on a suitable person to lead the party in a specific town without elections, why wouldn\u2019t we go with it?\u201d571 To Hindi, in addition to averting intraparty clashes, the consensus building method offered fringe benefits. The numerous meetings and debates that take place to reach an agreement, gave the leadership the opportunity to listen to the members\u2019 grievances and suggest creative solutions. Another reason for not holding internal elections, Hasbani argued, is the need to save much-needed energy that would be consumed by tensions over internal elections. Those tensions he contended, would divert attention from important developments in the country. As he stated, \u201cAny elections in a party, a country or an institution, build up tensions because they generate rivalry, create factions and defocus people from the job. Also, democracy takes time to evolve. Is it a 100% perfect? No. But we\u2019re not looking for perfection, we\u2019re looking for results.\u201d572 Finally, logistical difficulties generated by the geographical spread of the party were also mentioned as another obstacle. Being an organization that comprises more than 30,000 members, the Lebanese Forces was reported to be much larger and more spread-out than other Lebanese parties, which rendered the task more difficult.573 In essence, despite appreciating the importance of elections, most interviewees made it clear that, given the country conditions, internal 571 Hindi, E. (2019). Author's interview with Elie Hindi [Interview]. 572 Hasbani, G. (2019). Author's interview with Ghassan Hasbani [Interview]. 573 Zarifeh, F. (2019). Author's interview with Fady Zarifeh [Interview]. 205 democracy remained of secondary importance and that building a strong and undivided party was ultimately what mattered the most. But these justifications also revealed the persistence of the verticalist command structures that prevailed during the conflict. Weak internal democracy can also be traced to a history of internal uprisings. Economic advisor to the party, Mr. Roy Badaro revealed that this history led to a security paranoia. He noted, \u201cLoyalty is more important than competence\u2026 The Lebanese Forces has only one candidate, he is the life leader of the party. The party defends his existence and the leader is the last resort\u2026 Lebanese Forces representatives have to be \u2018obedient\u2019 people\u201d.574 While definitely turning the page of war, it is unequivocal that the Lebanese Forces has retained a military spirit. Party members recognize it and at times, take pride in it. As Raji put it, \u201cWhen duty calls, you will find us there.\u201d575 But former Vice Prime Minister Ghassan Hasbani explained that this discipline is now geared towards civil purposes. Because the party originated from a military structure the organization operates with rigor, \u201cIt operates with military precision but for civil purposes.\u201d But Hasbani also highlighted the fact that this military precision is intended to serve party members and their needs which is why communication is considered a high priority. Leadership, he reported, is constantly listening to the base and communication remains a priority. As he put it, \u201cWhile the structure is very rigid, communication channels are very fluid and information quickly flows, both upward and downward\u2026\u201d 576 Undoubtedly, the party made some headways on the road to internal democracy but progress has been slow and gradual. Baraghid would concede that it\u2019s time for a leap forward and that the time is now ripe for holding elections for the chairman, the vice-chairman, and all the members of the executive committee according to the bylaws.577 As is the case with the other parties, internal democracy at the Lebanese Forces remains incomplete, and while efforts were made to address the issue of representation in creative ways, the party remains a long way from applying candid forms 574 Badaro, R. (2017). Author's interview with Roy Badaro [Interview]. 575 Habchi, A. (2019). Author's interview with Antoine Habchi [Interview]. 576 Hasbani, G. (2019). Author's interview with Ghassan Hasbani [Interview]. 577 Baraghid, E. (2019). Author's interview with Baraghid [Interview]. 206 of democratic governance that involves members in the decision-making process in a meaningful way The four cases\u2019 postwar behavior as political parties has revealed their revolutionary past\u2019s dual heritage. On the one hand, it perpetuated the cult of the historic wartime commanders, and on the other, it exposed the persistence of their wartime organizational cultures: disorderly in the case of the M-19, highly hierarchical for the FMLN, very militant in the case of the Sinn F\u00e9in, and highly structured for the Lebanese Forces. While the practice of internal democracy in the parties studied varies widely from one case to the other, all these parties\u2019 internal democratic features can be -or could have been- further improved. The M-19\u2019s disorderly culture has demonstrated the importance of institutional building and exposed the perils of a loose structure. Embracing a more democratic centralist approach, Sinn F\u00e9in, the Lebanese Forces, and the were able to keep their parties together through tight intra-organizational discipline but often fell into the other extreme. Significantly however, in most cases, internal democratic practices tended to improve in the course of time. Looking at these parties\u2019 achievements, it is quite clear that their internal democracy practices do not necessarily reflect their performance as democracy promoters on a national level. Indeed, and regardless of their intraparty democratic shortcomings, all these parties championed democracy and made it a key priority of their national policies, promoting legislation and advocating for measures that strengthened democratic practices. This section also found a causal relationship between party discipline and party success, democratic centralism having helped the new political players establish themselves as a viable political force. 207 All four parties examined in this research made gender issues a top priority from the very outset. Despite the often-pervasive patriarchal culture that characterizes military organizations, women combatants had important responsibilities during wartime and continued to play prominent roles after peace was signed. Undoubtedly, the brightest example is that of Sinn F\u00e9in with the electoral victories of two women candidates for the 2004 European Elections and the election of Mary Lou McDonald as party leader in 2018. These notable successes were rewarded by a strong Irish female support in the 2020 general election. Adopting quotas for women representation, both Sinn F\u00e9in and the demonstrated explicit support for women empowerment and pressured their governments to impose quotas for more female participation at the national level. Despite the absence of party policies favoring women, the Lebanese Forces pushed for a strong female presence in the top-tier level of the organization, and succeeded in having a female party member in the executive and legislative branches of government. In Colombia by contrast, apart from one woman elected to congress, the Alianza\u2019s genuine support for women yielded little results. While gender issues typically took central stage, inclusion of members from other religious, ethnic or cultural backgrounds seemed to be less of a priority. Despite positioning themselves as non-sectarian entities, the Lebanese Forces and Sinn F\u00e9in remained composed of mostly one ethnic/religious group. Sinn F\u00e9in however actively championed the causes of ethnic minorities, asylum seekers, travelers\u2019 community, and the LGBTI. It should be noted however that in both of these cases, we noticed more stable organizations, supported by a loyal, largely homogeneous constituency, especially at election times. For the and the M-19, the sectarian question was less relevant since none of these countries\u2019 conflict was concerned with sectarian issues. The rights of ethnic minorities in Colombia -while actively debated within the M-19- were mostly cared for by the indigenous people\u2019s 208 organizations, which attracted most of the ethnic minorities in Colombia into their ranks. With the exception of the M-19, party youth wings were set up to stimulate the younger generations\u2019 interest in public life and sensitize them to the political parties\u2019 platforms M-19 Women The M-19 guerrilla opened genuine spaces for women to participate in guerrilla operations and thrive as militants. Gender equality had always been at the very heart of the guerrilla convictions with responsibilities shared in almost every respect. Carmenza Londo\u00f1o, alias \u201cLa Chiqui\u201d, who captured media attention during the Dominican Republic Embassy siege in Bogota in 1980, is remembered to this day as the female figure of the early days of the insurrection. Vera Grabe, one of the founders of the armed group, made it possible for women to attain high military ranks in the guerrilla and become members of the Santander command.578 But aside from these unique cases -and notwithstanding the fact that the M-19 had more women amongst its top commanders than any other guerrilla- no specific positive actions were taken to promote gender equality. Women still had to navigate through a male- dominated environment to advance their rights and make their voices heard. Over the years however, they were able to achieve some successes. Grabe would later recount a number of victories on that front. Citing some of these successes, she would report, \u201cNo to domestic abuse, yes to abortion, yes to the right to birth control, egalitarian treatment and education for women in the movement\u201d (Quoted in Dur\u00e1n, 2008, p:13).579 578 Montreuil, F. (2020). Relations de genre dans le projet insurrectionnel Colombien: Le cas de combattantes des et du M-19. Histoire Engag\u00e9e. genre-dans-le-projet-insurrectionnel-colombien-le-cas-des-combattantes-des-farc-ep-et-du-m- 19/#_ftn42 579 Dur\u00e1n, M. G., Hormaza, O. P., & Loewenherz, V. G. (2008). The M-19's Journey from Armed Struggle to Democratic Politics. Striving to Keep the Revolution Connected to the People (Resistance/Liberation Movements and Transition to Politics, Issue. 209 Women\u2019s role in the organization became more visible when, upon demobilization, two women integrated the Constitutent Assembly, and when the party selected several female members to head its electoral lists for Congress, municipal councils and mayorship.580 According to Pati\u00f1o, unsatisfied with the meager participation of women in politics, party leader Carlos Pizarro sought to advance women representation in state institutions, making gender issues one of his top priorities. \u201cIt was a genuine concern\u201d he reported, \u201cnot a matter of quotas.\u201d581 While the party bylaws didn\u2019t call for quotas, they ensured that women played a leading role in the organization. Article 32 of the M-19 bylaws for example, stipulated that the National Executive Committee would comprise, among other organs, a Women Secretariat aimed at increasing the social and political participation of women.582 Despite all these efforts however, women\u2019s roles in the party continued to be constrained and, aside from the election of Vera Grabe to Congress M-19 women\u2019s participation and achievements in the political sphere remained rather limited. Minorities Minorities in Colombia are mostly composed of a variety of indigenous people and Afro- Colombians who, according to a 2005 census respectively represented 3.4 percent and 10.6 percent of the population.583 Despite advocating for minorities\u2019 rights, the M-19 didn\u2019t include many figures from Colombia\u2019s minorities since those were already largely represented by other parties and organizations.584 Organizations such as the National Afro- Colombian Peace Council, the National Indigenous Organization of Colombia (ONIC), the National Afro-Colombian Peace Council (CONPA), and Indigenous Social Alliance (ASI), represent the majority of indigenous peoples in Colombia. Quintin Lame, a Colombian 580 Grabe, V. (2000). Razones de vida. Planeta. 581 Pati\u00f1o, O. (2018b). Interview with the author [Interview]. 582 Gonz\u00e1lez Cogollos, L. V. (2017). Mujeres excombatientes del M-19 en Bogot\u00e1. Caminos hacia la vida civil en b\u00fasqueda de la construcci\u00f3n de paz Pontificia Universidad Javeriana]. ria2017.pdf?sequence=1&isAllowed=y 583 Minority Rights Group. (2020). Minorities and indigenous peoples in Colombia 584 Pati\u00f1o, O. (2018b). Interview with the author [Interview]. 210 guerilla operating in close conjunction with the (Regional Indigenous Council of Cauca) -an association of indigenous authorities- fought on behalf of the indigenous people.585 After demobilization the Quintin Lame created a flourishing political party with a wide national presence, and became the mouthpiece for Colombia\u2019s native population. Youth Besides calling for the creation of a Women Secretariat, article 32 of the M-19 bylaws stipulated that the National Executive Committee would comprise a Youth, Sport, and Culture secretariats intended for the empowerment of young adults to actively participate in national life. However, other than acting as party activists, Colombian youth never had a significant role in the party Women Women participation in the is rooted in a long history, dating back to the founding of the organization. Lil Milagro Ram\u00edrez, a female poet and revolutionary leader, tortured and murdered by the Salvadoran revolutionary guard, inspired generations of young women to join the armed insurgency. Ana Guadalupe Mart\u00ednez recalled, \u201cIn the founding group, in 1970, there were a man and a woman, Alejandro Rivas Mira and Lil Milagro Ram\u00edrez. She was brilliant, a law school graduate, highly regarded by her peers as an elite student. He had won a scholarship to Germany being one of the top pupils in the country. The two, with similar characteristics, were the soul and the 585 Minority Rights Group. (2020). Minorities and indigenous peoples in Colombia 211 example. From then on, you couldn\u2019t find anyone saying no she can\u2019t because she was a woman. This created a special status for women [in the guerrilla].\u201d586 Although no active discrimination against female members was reported during wartime, women emancipation as a concept and as a demand did not figure among the issues debated or even addressed during that period. According to Luciak, despite women\u2019s active involvement in the armed insurgency and the participation of high-ranking female commanders in the peace negotiations, women issues received very little attention during that process. Nevertheless, when the party was formed, explicit support for women\u2019s rights was expressed in the party program, owing to an increasingly vocal women\u2019s movement but also as the result of the organization\u2019s eagerness to attract resources from development agencies who were looking to invest in strengthening women\u2019s organizing.587 In 1993, the party statute established the National Women\u2019s Secretariat as a body aimed at advancing women's interests and women\u2019s rights. Various initiatives and policies were also created to ensure that the party complies with its commitments to empower female members and Salvadoran women in general Bylaws, 2017). According to Luciak, this Secretariat played an important role in seeking to end women subordination within the party.588 In the 1994 party convention a 30 percent quota for the participation of women was established and two years later the percentage was increased to a minimum of 35%.589 Denouncing the culture of patriarchy, Blandino indicated that the party prided itself on having been the only Salvadoran party to practice a true equitable gender distribution, \u201cIn the assembly, of 23 deputies we have 12 women. Half of the political commission, the highest governing body in the party, is composed of women despite the fact that the statute establishes a minimum of 30% female representation. We have exceeded our 586 Mart\u00ednez, A. G. (2018b). Interview with the author [Interview]. 587 Luciak, I. A. (2001). After the Revolution : gender and democracy in El Salvador, Nicaragua, and Guatemala. Johns Hopkins University Press. 588 Ibid. 589 Blandino, R. A. (2018b). Interview with the author [Interview]. 212 own standards. The good thing is that nobody feels uncomfortable with it, men don\u2019t find this distribution abnormal.\u201d590 Despite relinquishing membership, Ana Guadalupe Mart\u00ednez -signatory of the Chapultepec peace agreement and one of the most prominent female figures- indicated that, she never felt undervalued as an woman. Mart\u00ednez highlighted the \u2018horizontal\u2019 relationship between men and women in the guerrilla. As she pointed out, \u201cWe were two women in the commission that signed the peace agreements: Nidia D\u00edas and myself. My word was quite listened to had the ability to help or hinder the negotiation process.\u201d Mart\u00ednez argued that discrimination against her wasn\u2019t a result of her gender but targeted her on account of her freethinking and audaciousness.591 There is no doubt that party\u2019s gender policies contributed to the promotion of a gender perspective on a national level. According to Blandino, seeing FMLN\u2019s bold gender policies, the government was pressured to reform the Salvadoran law on political parties making it more mindful of women representation. He reported, \u201cThanks to FMLN\u2019s efforts, the current law requires political parties to present a minimum of 30 percent female candidates for the legislative assembly, the Central American parliament, and the municipal councils.\u201d592 But this balmy picture also concealed some important facts. According to Garibay the debates that had arisen within the party at the time of the adoption of regulations for gender equality, as well as the discussion of the modalities of their application, had in some way limited the scope of the demands of feminist groups. Rather than expressing a genuine concern for the future of women, Garibay argued that the regulations adopted reflected the party\u2019s ambitions to position itself at the forefront of the global debate on gender issues. Driven by a self-interested agenda, the party strived to present itself as the most radical movement within the country\u2019s political system.593 590 Ibid. 591 Mart\u00ednez, A. G. (2018b). Interview with the author [Interview]. 592 Blandino, R. A. (2018b). Interview with the author [Interview]. 593 Garibay, D. (2006). Un partido de izquierda radical frente a las reivindicaciones de g\u00e9nero: entre el estancamiento de los n\u00fameros y la afirmaci\u00f3n de la radicalidad. El caso del en El Salvador. Pol\u00edtica, 46, 141-171. 213 Irrespective of the party\u2019s initial intentions female members would quickly take control of the gender agenda, making sure to position women at the helm of the gender- related programs and legislation women leaders would play a crucial role as important reforms concerning women were being discussed, in particular the reform of the penal code. Outreaching to their female counterparts on the opposite side of the political spectrum, they took the lead, building strong coalitions to push for the much-needed changes. Former Vice-President of the Salvadoran Legislative Assembly, Lorena Pe\u00f1a explained, \u201cComing right out of the peace talks, the negotiating delegation had just acquired communication and bargaining skills think that women were those who knew best how to make the most out of those special circumstances.\u201d Of utmost importance, she reported, were the definition of sexual crimes, and the recognition that violence against women was a \u2018public crime\u2019.594 female members pushed for reforms that would bring forward important advances for Salvadoran women, giving them greater control over the decisions that concern their lives and dismantling the country\u2019s gender discriminating laws. Youth Along with the women quota, the delegates at the 1994 convention agreed to establish a quota for youth participation in party activities. The participation of members aged thirty- one and under was set at a minimum of 25 percent of total membership.595 As of 2018, around 20,000 young militants formed part of the party, 1,800 of whom led municipalities. This strong local presence helped establish close ties with local residents, which Suniga said inspired party policies, \u201cAs young leaders we try to create new methods and new strategies adapted to reality, and inspired by the specificities of the population.\u201d596 According to the National Secretary of the Youth, the party not only established a 594 Pe\u00f1a, L. (2022). Interview with the author [Interview]. 595 Estatuto del Partido Politico Frente Farabundo Mart\u00ed para la Liberci\u00f3n Nacional, FMLN, (2017). 596 Suniga, C. (2018). Interview with the author. In. 214 quota for youth participation, but also gave true representation to young people in the decision-making process. He explained youth\u2019s participation in the party is very dynamic and its presence in the Political Commission is essential. There are four of us in the political commission and we participate in major discussions, we debate about who is going to lead the country and about cultural, social and economic reforms.\u201d597 But according to Samayoa, these initiatives were more cosmetic than substantial. To Samayoa, the leadership was not genuinely concerned with engaging youth in the policy-making process and high bureaucracy squashed their initiatives. As he explained, \u201cThe party never gave youth -and youth never asked for- the ability to influence decisions. The youth didn\u2019t show autonomy and leadership.\u201d All in all, despite their active involvement in party activities and meaningful participation in the democratic debates, the youth remained largely absent from the decision-making process and its influence remained marginal F\u00c9IN Women Gender equality and women\u2019s rights have always been a genuine interest within the Sinn F\u00e9in party even if, for quite a long time, the party was modeled on the Irish patriarchal model of society, giving center stage to men. Despite this longstanding position, it\u2019s only in the early 1980s that Sinn F\u00e9in started proactively embracing women issues with the establishment of a Sinn F\u00e9in women\u2019s department and the active promotion of the role of female party members. Sinn F\u00e9in\u2019s clear stance in favor of abortion in 2001, and the party\u2019s bold efforts to redress gender imbalance at the level of policy making on a national level cast more light on these efforts and placed Sinn F\u00e9in at the forefront of the fight for gender equality on the 597 Ibid. 215 island measure of positive discrimination, reserving four seats on the party governing body to women, was introduced in the party constitution at the 2003 Ard Fheis. This measure was added to a system of quotas on women participation that allowed women to be co-opted even if it didn\u2019t automatically guarantee them a seat on the Ard Comhairle.598 According to Mac Donncha, the party\u2019s efforts to advance women representation came as a result of Sinn F\u00e9in\u2019s ambition and determination to become a leading force in that battle.599 But the promotion of gender equality didn\u2019t go without a level of resistance within the party as many ambitious male members felt it was putting their candidatures at a disadvantage. Mac Donncha remembers that former and current Sinn F\u00e9in presidents, Gerry Adams and Mary Lou McDonald, faced fierce resistance during their campaigns to promote women candidates. As he reported, \u201cSometimes Sinn F\u00e9in had to impose woman candidates on constituency associations where they had refused to nominate sufficient females. This has often caused conflict, and even some resignations from party membership.\u201d600 number of milestones illustrate Sinn F\u00e9in\u2019s battles to put women front and center. In particular, the election of two women candidates for the 2004 European Elections, the appointment of a female leader in the North, and the election of Mary Lou McDonald as president of party in 2018, were seen as major breakthroughs. The election of McDonald at the helm of Sinn F\u00e9in was hailed as a trailblazing move. McDonald\u2019s would proudly state, \u201cSinn F\u00e9in is probably the most exemplary party when it comes to girl power at this stage in Irish politics.\u201d601 It should be noted however that McDonald\u2019s first months as Sinn F\u00e9in\u2019s president was no simple task. Closely scrutinized, the new party leader became subject to much criticism from both opponents and supporters. McDonald\u2019s election as the successor of a Sinn F\u00e9in historical leader was a delicate position. Describing the challenge Gibney 598 Maillot, A. s. (2005). The new Sinn F\u00e9in : Irish republicanism in the twenty-first century. Routledge. 599 Mac Donncha, M. (2019). Author's interview with Miche\u00e1l Mac Donncha [Interview]. 600 Ibid. 601 Roberts, R. (2018). Mary Lou McDonald becomes first woman to lead Sinn Fein in modern times after succeeding Gerry Adams. The Independent. leader-irish-republican-party-gerry-adams-succeed-unity-ireland-a8169966.html 216 observed, \u201cWhat you have to remember is that Gerry Adams and Martin McGuinness were national and international figures\u2026 they were the equivalent of a Nelson Mandela and a Yasser Arafat. There is always a period of time needed for the new leadership to settle in.\u201d602 Nonetheless, in the Republic of Ireland, McDonald\u2019s leadership would ultimately precipitate an increase in female voters much welcome spin since up until recently, -and despite having put women\u2019s issues to the fore for about three decades- Sinn F\u00e9in\u2019s popularity in the Republic appeared to stem primarily from male voters. The 2020 Irish general election, would signal a shift in the party\u2019s voter profile, marking a surge in popularity among young women.603 Protestants Sinn F\u00e9in is mostly composed of Catholics but as many interviewees insisted, this affiliation is more cultural than religious and comes as a result of the native colonist history rather than an ethnic divide. According to \u00d3 hAdhmaill, the party is profoundly secular encompassing members who are nowhere near being catholic in faith. He explained would say that the vast majority of the people who are members of Sinn F\u00e9in would be culturally Catholic but it\u2019s not a Catholic party by any stretch of imagination, it\u2019s a secular party and there are many people in Sinn F\u00e9in who would be very anti-Catholic.\u201d604 While the sectarian nature of the historic discrimination had led to a disproportionate number of Catholics joining the party, the geographical divide further hindered sectarian diversification. In Northern Ireland, the geographic segregation inhibited social integration and reinforced sectarian divisions making it difficult to attract protestant members to the party. This geographic isolation made it difficult to canvass and recruit supporters in Protestant areas.605 According to Gibney, the controversy has always been political rather than 602 Gibney, J. (2019). Author's interview with Jim Gibney [Interview]. 603 Cassidi, A. (2020). Is there something about Mary? Sinn F\u00e9in and the hidden female vote. 604 \u00d3 hAdhmaill, F. (2019). Author's interview with F\u00e9ilim \u00d3 hAdhmaill [Interview]. 605 Ibid. 217 religious. He explained, \u201cIn the North of Ireland you are either a Unionist and support partition or you are a nationalist and support a United Ireland. It's coincidental that Unionists are protestants and nationalists are Catholics, it's completely coincidental.\u201d606 \u00d3 hAdhmaill stressed that Protestants\u2019 support of unionism stemmed from their fear of becoming a minority and suffering racism and exclusion on the grounds of religious characteristics. He explained, \u201cMost people who come from a protestant background will support the union with Britain since the 18th century because they always felt that if they supported Irish independence that would lead to them being a minority in Ireland and they may suffer as a result.\u201d607 But as seen in the previous chapter, the growth in size and strength of the Alliance Party, a middle ground movement drawing support from both Catholics and Protestants in Northern Ireland seems to challenge the century-old Unionist versus nationalist cleavage. In the Irish Republic the dynamic differs. Despite an overwhelmingly Catholic membership, Sinn F\u00e9in can count on many protestant supporters on the Northern border of the Republic. According to Mac Donncha these supporters vote for the party for what he referred to as \u201cnormal factors\u201d. He explained, \u201cIn those 3 counties of Ulster which are not in Northern Ireland, there would be a more significant Protestant population and there would be a section of this population that would vote for Sinn F\u00e9in. In some cases, because they agree with our politics; in other cases because they like the representatives, they think they do a good job and they know them personally\u2026 Normal factors.\u201d608 The Catholic church\u2019s historic role in the South of Ireland undoubtedly left its mark on the collective norms of the republic. \u00d3 hAdhmaill reported that up until 1993, it was a criminal offense to engage in homosexual acts and contraception wasn\u2019t made legal until the 1990s. Even when legalized, he contended, abortion was performed on the basis of doctors\u2019 606 Gibney, J. (2019). Author's interview with Jim Gibney [Interview]. 607 \u00d3 hAdhmaill, F. (2019). Author's interview with F\u00e9ilim \u00d3 hAdhmaill [Interview]. 608 Mac Donncha, M. (2019). Author's interview with Miche\u00e1l Mac Donncha [Interview]. 218 prescription, and only to married people.609 But being Catholic in the Irish Republic doesn\u2019t imply any political affiliation since the country is mostly populated with Catholics who are well represented by a number of other parties. Furthermore, as is the case in Northern Ireland, and despite the Catholic church\u2019s historical role, interviewees reported that religious identification in Ireland had lost a lot of its appeal and religious affiliation in the South doesn\u2019t indicate any political tendency. As Ruadhan declared, \u201cNo one is Catholic anymore; people go to church for baptisms and first communions; there is a huge loss of support for the church in Ireland.\u201d610 Despite its strained relationship with the Catholic Church with many leaders openly critical of it, Sinn F\u00e9in would remain in the minds of many a symbol of the legacy of freedom struggle that opposed Catholics to Protestants. Other minorities Seeing itself as the party of the oppressed, Sinn F\u00e9in took it upon itself to defend all types of injustices. When Sinn F\u00e9in\u2019s Alex Maskey was elected Lord Mayor of Belfast, he pledged to reach out to all communities, including ethnic minorities, asylum seekers and travelers, also known as White Gypsies.611 This policy would become a trademark of the party. Sinn F\u00e9in\u2019s stance towards the migrant crisis in 2015 and again the Ukrainian refugees in 2022 -calling for generosity and opposing limits on asylum seekers- bear witness to the party\u2019s open immigration policy.612 Sinn F\u00e9in also championed the causes of gays, lesbians and bisexuals. In 2014, Sinn F\u00e9in\u2019s presented a document that catalogued the strides made in favor of, and the challenges facing the people in Ireland. The document presented the actions required to eliminate discrimination in the form of 10 key proposals.613 Sinn F\u00e9in\u2019s fight for an inclusive and multicultural Ireland where all people are equal under law, would also be 609 \u00d3 hAdhmaill, F. (2019). Author's interview with F\u00e9ilim \u00d3 hAdhmaill [Interview]. 610 Mac Aodh\u00e1in, R. (2019a). Author's interview with Ruadh\u00e1n Mac Aodh\u00e1in [Interview]. 611 Maillot, A. s. (2005). The new Sinn F\u00e9in : Irish republicanism in the twenty-first century. Routledge. 612 Scallan, B. (2022). Sinn F\u00e9in Calls for no Limit on Numbers of Ukrainian Refugees Gript.ie. 613 Sinn F\u00e9in. (2014). Equality, Diversity, Solidarity: Fighting with Pride for rights in Ireland 219 reflected in the party\u2019s proposed legislation and its advocacy campaigns at both the local and the regional levels. Youth Sinn F\u00e9in\u2019s youth wing was established in 1998 after party members realized a need to engage the next generation ahead of the 1997 general election in Northern Ireland. Dedicated to young people 16 to 27 years of age, the \u00d3gra Sinn F\u00e9in targeted the rising generation who had an interest in party politics.614 Ambitious and zealot, \u00d3gra Sinn F\u00e9in members developed a reputation of a radical organization that often attracted the attention of the media. For example, in 2004, SF\u2019s youth organization was in the limelight for selling products with a petrol bomb design -a motif it had adopted in its logo.615 In 2007, \u00d3gra Sinn F\u00e9in also came into notice when it openly opposed a Sinn F\u00e9in party vote to end the boycott of the Police Service of Northern Ireland, a decision considered historic given Sinn F\u00e9in\u2019s classification of police officers as \u2018legitimate targets\u2019 during the troubles.616 \u00d3gra Sinn F\u00e9in is represented at the Ard Fheis by fifteen delegates and has a member on the party\u2019s national governing body. The youth party typically campaigns for equal opportunity for all races, combating drug addiction, promoting rights and other issues that matter to young republicans.617 Women 614 Maillot, A. s. (2005). The new Sinn F\u00e9in : Irish republicanism in the twenty-first century. Routledge. 615 Blain, E. (2004). Sinn F\u00e9in wants you to go to college and join the party, go online and buy its T- shirt. independent.ie. college-and-join-the-party-go-online-and-buy-its-t-shirt-26226162.html 616 Murray Brown, J. (2007). Sinn F\u00e9in votes to end police boycott. Financial Times. 617 Maillot, A. s. (2005). The new Sinn F\u00e9in : Irish republicanism in the twenty-first century. Routledge. and \u00d3gra Sinn F\u00e9in Instagram Account.). 220 Apart from providing for the creation of a department aimed at activating the role of women in society (Article 131), the Lebanese Forces bylaws make little reference to women in its statutes.618 But despite the absence of positive measures to empower women and promote gender equality, women occupy an obvious place in the party and policies. The party counts numerous prominent women playing leading roles and holding key positions in the organization. According to Baraghid, in 2020, women represented 35 to 40 percent of party membership.619 The female composition of the party stands out especially given the absence of quotas for gender representation. Many interviewees indicated their firm conviction that achieving numerical parity is not the right approach to promote gender equality. Quotas, they argued, conflict with the concept of meritocracy which they believe, is conducive to perceptions of unfairness and would be degrading for women. To Baraghid, adopting quotas would indicate that women are incapable of earning the merit of rising to the highest ranks on their own. Instead, the Lebanese Forces created a special department aimed at activating the role of women in the party. By 2019, the top-tier level of the Lebanese Forces boasted several women including a Minister, a Member of Parliament, the Party Secretary General, and several department leaders including the legal, social affairs, public policy, socio- professional/pharmacy, human resources, media office, and women role activation departments.620 It is noteworthy however that the Lebanese Forces has only one female member of parliament, who is none other than the party leader\u2019s wife. Sethrida Geagea had headed the movement while her husband was incarcerated and retained a key role in the party after 2005. Youth The Lebanese Forces bylaws premised the establishment of a youth activities section (Article 131) and a students\u2019 subdivision (Article 132).621 The students\u2019 subdivision of the Lebanese Forces operates independently under the supervision of the Secretariat of the 618 \u0627\ufedf\ufee7\u0638\ufe8e\u0645 \u0627\ufedf\u062f\u0627\ufea7\ufee0\ufef2 Lebanese Forces Statutes. 619 Baraghid, E. (2019). Author's interview with Baraghid [Interview]. 620 Ibid. 621 \u0627\ufedf\ufee7\u0638\ufe8e\u0645 \u0627\ufedf\u062f\u0627\ufea7\ufee0\ufef2 Lebanese Forces Statutes. 221 professional/academic subdivisions\u2019 affairs. It has its own structure including offices for public affairs, media relations, elections, alumni, and external affairs, among others. The young activists\u2019 subdivision is divided in several departments including universities (divided by languages) and technical schools departments. The students\u2019 section plays a vital role in the party. It publishes it own magazine, and provides a space for young Lebanese to meaningfully participate in political life, alongside the main party structure. Its primary function is to promote LF\u2019s ideology and goals in the academic environment in such a way as to attract new members. It is represented at the party\u2019s General Assembly, where it conveys the views, concerns and demands of the students, and receives political directives for its activities. The student\u2019s subdivision also helps students access better educational opportunities and thrive academically, and assists students with job placement. This branch is also in charge of organizing various activities at both the local and national levels. In addition to sports competitions, activities include awareness raising campaigns to inform youth about drug addiction; and promote road safety, human rights, women\u2019s rights, and environmental protection.622 Minorities The Lebanese Forces\u2019 party membership is overwhelmingly composed of Christians with a negligible proportion of Muslims (mostly Sunni) members.623 While welcoming membership with no discrimination on the basis of religious background, the party is not actively looking to alter this configuration. According to Zarifeh, despite deeply valuing its Muslim members, the party doesn\u2019t actively seek to diversify its sectarian composition, preferring to attract the enlistment of deeply committed individuals rather than members lured by a recruitment campaign. To Zarifeh, this policy ensures new members\u2019 high dedication to the party\u2019s core values.624 While these claims seek to highlight the secular 622 Lebanese Forces Students Website. Who we are, \ufee3\u0646 \ufee7\ufea3\u0646 . forces.com/about 623 Badaro, R. (2017). Author's interview with Roy Badaro [Interview]. 624 Zarifeh, F. (2019). Author's interview with Fady Zarifeh [Interview]. 222 nature of the party, the Lebanese Forces remains a party that retains a preeminently Christian character An important female presence in Sinn F\u00e9in, the Lebanese Forces, and the -parties that have promoted women\u2019s rights at various levels- could indicate that women\u2019s active participation in these parties positively influenced their agendas in promoting human rights and women\u2019s rights in particular. This role however, appears to be more obvious in the case of the than in the cases of Sinn F\u00e9in and the Lebanese Forces growing female presence within the is definitely credited for drastically improving gender representation in El Salvador and initiating an ambitious program aimed at improving the living conditions of Salvadoran women. Sinn F\u00e9in\u2019s clear stance in favor of abortion and its bold efforts to redress gender imbalance could reflect the sway of a strong female presence within the party. Similarly, The Lebanese Forces\u2019 draft legislations to protect and defend girls and women abound. The party helped repeal an archaic law on honor crimes and presented several legislations aimed at preserving women dignity and physical integrity. While not necessarily championed by women, these changes reflected the party\u2019s deep commitment to gender equality. The role of the M-19 women in promoting a rights-based agenda is less obvious. The Constituent Assembly in which the M-19 played an important role, included very few female members -4 out of 84, and only 2 from the former guerrilla- despite its immense contributions to gender equality and women\u2019s rights. 223 In a post-war setting, it is not uncommon that fissures emerge between former fellow warriors. As party members, some feel ready to start composing with other political forces, while others remain committed to the former group\u2019s revolutionary ideology. Political cleavages can generate important pressures that need to be accommodated and could threaten the stability of an institution that is in the process of redefining the scope of its engagement with society.625 Bringing in new blood and creative minds is also a challenge as wartime leaders are more accustomed to recruiting submissive warriors than clever politicians. Surprisingly, in the cases of Sinn F\u00e9in and the Lebanese Forces, two organizations the histories of which had been rife with internal conflicts, the post-agreement period went with no major splits. Resulting mostly from disgruntled members, defections rarely reflected differences along ideological lines. Strong, indisputable leaders remaining for decades at the helm of the institutions, were the glue that helped keep the groups together. In El Salvador, cognizant of the importance of ideological homogeneity, the leadership felt compelled to carry out purges and statutory reforms to consolidate the ranks of the party and eliminate factions. Strikingly though, these often-harsh adjustments were largely overlooked by supporters whose resentment towards the old elite and its excesses upstaged party divisions. Unlike the aforementioned cases, the M-19\u2019s lack of a unified vision became the trademark of a party that represented people holding sometimes extremely opposite beliefs and opinions. This lack of ideological unity is often believed to have led to the party\u2019s ill-fated outcome. 625 Ishiyama, J., & Batta, A. (2011). Swords into plowshares: The organizational transformation of rebel groups into political parties. Communist and Post-Communist Studies, 44(4), 369-379. 224 M-19 Perhaps the party that included the widest array of ideologies at the time of its transition into political life was the M-19. According to most interviewees, internal cohesion was a delusional idea since there was so little in common between the people who formed part of the party. Some blamed it on the way the party transitioned from armed group to political party, others on the absence of a clear vision, pointing out to the ideological diversity within the party which drew people further apart as time went by. According to Pati\u00f1o when the M- 19 demobilized, it did not mutate from armed organization to political party. Instead, it simply disbanded in a disorganized manner expecting the party to emerge naturally from that transition. He explained, \u201cThe was a reflection of a confluence of forces rather than a mutation from a guerrilla to a political party. The party for example, experienced a proper mutation in the sense that it retained the same members but without weapons. In our case, we ceased to exist as an armed organization and gave freedom to all the members to participate or not in the political party.\u201d626 That lack of planning he observed, is clearly reflected in the name the party chose to adopt. The name he contended, Alianza Democr\u00e1tica M-19, comprised of a first name (Alianza Democr\u00e1tica) and a last name (M-19), alluded to two contradictory concepts: the new alliance of democratic forces, and the former guerilla. To Pati\u00f1o, keeping the reference to the guerrilla was very misleading. He explained, \u201cKeeping the acronym M-19 gave an illusion of continuity with the former M-19 guerrilla but not all members came from the guerrilla. Those members who did not come from the M-19 wished to take away the \u2018last name\u2019 and those who came from or sympathized with the M-19 wished to remove the \u2018first name\u2019.\u201d This design error he explained, where the party tried to create a new democratic force that is not exclusively leftist (because part of the leftist forces were not democratic) and included members from the traditional sectors that the former guerrilla previously opposed, was built 626 Pati\u00f1o, O. (2018b). Interview with the author [Interview]. 225 on shaky ground. The M-19 was not able to constitute itself as a unified entity but as the expression of a group of forces with distinct ideologies, distinct structures and distinct group behaviors. As he put it, \u201cThe prefix Alianza Democr\u00e1tica presupposed that there was a prior agreement between the various groups within the party but that was not the case. In fact each group, and especially the leftist ones, pushed for their own interests within the party instead of working for a far-reaching project.\u201d627 For many members, the M-19\u2019s conversion into a peaceful actor and its participation in the Constituent Assembly were in themselves extraordinarily successful outcomes. The creation of a cohesive and durable party, while desirable, was not addressed in a systematic way but treated as a natural consequence of the disarmed party\u2019s initial successes. As in the case of other parties with similar trajectories, those ideological discrepancies dated back to the war days. Unlike other parties however, there was no serious effort at the level of leadership to streamline the political orientation. Franco recounted that for example, Petro's line of thought was very different to Navarro\u2019s and that this lack of ideological cohesion became obvious in the wake of the 1994 elections, which was the main driver behind the party\u2019s electoral defeat. He explained, \u201cIf you look at the 14 lists that were registered in the 1994 Senate elections can\u2019t recall how many were put forward by the M- 19 but would say at least 8\u2026 The M-19 was not even unified to go to the Senate! Every leader was on a list\u2026 Leaders had personal interests and took the wrong political decisions.\u201d628 The wasp operation (list proliferation), skillfully used as an electoral strategy by the Liberal Party, became a self-centered electoral tool for members of the M-19. Rather than reflecting political acumen, that electoral choice was an exemplification of internal divisions and institutional weakness. Furthermore, the party never established a governance mechanism for responsible decision-making and policy formulation. As Pabon recounted, \u201cEach person had an idea of a country of wonder as in Alice in Wonderland. There were no convergence of views or general agreements.\u201d629 This situation reached its breaking point during the 1994 campaign for presidency when party members couldn\u2019t agree on 627 Ibid. 628 Franco, C. (2018). Author's interview with Carlos Franco [Interview]. 629 Pabon, R. (2018). Author's interview with Rosemberg Pabon [Interview]. 226 supporting the same candidate. Franco recalled, \u201cIf you follow the May elections for presidency, since February that year you could already see three separate directions; Everth Bustamente, Rosemberg Pabon, and Annibal Palacio supported Samper; Gloria Quinceno supported Pastrana; and others continued to support Navarro. These disagreements shattered the movement.\u201d630 While not unseen in Colombian politics, where party leaders would often support other parties\u2019 candidates, this behavior was an additional indication of the party\u2019s lack of coherence and foreshadowed the party\u2019s disintegration and ultimate demise. Party organization While many argued that ideological differences impeded the development of the party, some contended that these disagreements were in fact the result of a poor institutional structure. According to Villamizar, the Alianza leadership did not invest enough time to create a party that would have the capacity to operate in a professional and organized manner. Instead, the party was left to evolve in a confused manner, which resulted in a weak structure that was further weakened by a candidate-centered approach.631 But there wasn\u2019t enough interest in organization building either. As Pati\u00f1o reported, \u201cThe electoral defeat was a consequence of the party\u2019s failure to constitute itself, not the cause of it. The reason was that there was no collective will that was strong enough to sustain what believe was the victory of 1991.\u201d Pati\u00f1o deplored that the Allianza\u2019s elected representatives were after their own political gains and that the party\u2019s prominent figures, many of whom had considerable capacity and experience, spent a great deal of energy crafting strategies to dominate the party instead of investing time in building it. He explained, \u201cThis is very typical of the Colombian left instead of building a strong and united political force. Navarro\u2019s focus on the presidency came at the expense of building a strong political party with strong representation in parliament; and the congressmen who had political power did not work hard enough or with enough determination to support the 630 Franco, C. (2018). Author's interview with Carlos Franco [Interview]. 631 Villamizar, D. (2017a). Author's Interview with the Dar\u00edo Villamizar [Interview]. 227 candidacy of Navarro, which weakened his prestige little by little. While the candidate- centered approach worked well in 1990 and 1991; in the 1994 elections it worked in an adverse manner.\u201d632 This statement is all the more interesting given that, at that time, Pati\u00f1o himself was at the helm of party organization. But Pati\u00f1o\u2019s post factum observation was well reasoned. Party representatives who were already in the Senate and in Congress [namely Vera Grabe, Rosemberg Pabon, Everth Bustamante, Gustavo Petro and others] and those who participated in the Constituent Assembly believed that they were entitled to reelection, convinced that they had the necessary popular backing. As Franco recounted, \u201cEach one had his arguments, his reasons and his beliefs that led him or her to run again and we ended up with 14 lists.\u201d633 All too often, party leaders sought to put their interest first at the expense of a party that they saw more as a tool to succeed than an organization to defend Intraparty ideological conflicts started to emerge in the during the first regular convention in September 1993 when the ERP634 General Secretary Joaqu\u00edn Villalobos called for a renewal of the leftist movement, inviting the party to embrace social democracy as a way forward. The and the had reckoned that, in order to find solutions to the country\u2019s pressing issues, the party should be open to building alliances with former adversaries, including FMLN\u2019s former nemesis, the party. Villalobos\u2019 proposal alarmed the more radical groups in the party who vehemently opposed any alliance with non-revolutionary political actors. In an effort to marginalize the maverick, the party leadership reformed the party structure and decision-making process in a way that greatly disadvantaged the and the RN.635 According to Roberto Ca\u00f1as, former party member 632 Pati\u00f1o, O. (2018b). Interview with the author [Interview]. 633 Franco, C. (2018). Author's interview with Carlos Franco [Interview]. 634 Renamed Renewed Expression of the People 635 Allison, M. E., & Alvarez, A. M. (2012). Unity and Disunity in the FMLN. Latin American Politics and Society, 54, 89-118. 228 who relinquished his membership in 1993, the party was very resistant to new ideas and reluctant to change. It became guarded against recruiting or working with people that didn\u2019t fall into their frame of reference. To Ca\u00f1as, the party leadership feared that the new recruits would bring ideas that would alter the essence of the revolution, but also dreaded the young recruits\u2019 superior technological and educational skills. He explained, \u201c[The leadership] feared it would be auto-destructive and said they wanted to \u2018order the house first\u2019. In reality, they were scared that if they opened the door to new recruits and new ideas, people who perhaps had an academic education would eclipse ex-guerrilla members who didn\u2019t.\u201d636 While this view reflects the frustration of a disgruntled dissident, it would be shared by a number of other former members who deplored the leadership\u2019s resistance to change. Disagreements reached a point of no return when and legislators broke party discipline in May 1994 accepting positions on the Board of Directors of the Legislative Assembly in an obvious collusion with ARENA. The legislators were suspended from the party and in December 1994 the and the left the FMLN. Both groupings later formed their own party the (Democratic Party) along with the National Revolutionary Movement (MNR).637 Explaining the rift, former member Ana Guadalupe Mart\u00ednez indicated that her organization\u2019s ideology -being closely linked to social Christianity (or social democracy) and established with guidance from the Catholic Church- opposed the then prevailing Marxist ideology within the party. She explained, \u201cWe were closer to the social doctrine of the church; the immense majority of our people were brought up precisely by the Catholic Church with its commitment to the poor, not the Marxist way on the contrary, we were raised as defenders of essential freedoms. But our ideas were considered a betrayal of the revolution and a capitulation to the Salvadoran right.\u201d638 At the moment, the ERP\u2019s arguments did not convince many supporters and as Salvador Samayoa recounted, accusations of treasons shook parts of the community. As he reported, \u201cPeasants in the rural 636 Ca\u00f1as, R. (2018). Interview with the author [Interview]. 637 Allison, M. E., & Alvarez, A. M. (2012). Unity and Disunity in the FMLN. Latin American Politics and Society, 54, 89-118. 638 Mart\u00ednez, A. G. (2018b). Interview with the author [Interview]. 229 communities were crying that it was a betrayal, that they had been abandoned by the ERP.\u201d639 After this first rupture, the began a process of reunification and at the second Regular Convention in 1995 the party amended its statute redefining itself as party of tendencies. While the concept was created to allow members to align themselves according to their former organizations\u2019 ideologies, by mid-1997 two major tendencies emerged as dominating trends, the orthodox and the renovators. Schafik Handal (PCS) and S\u00e1nchez Cer\u00e9n were at the forefront of the orthodox tendency while Facundo Guardado (former member of the political commission) and Ra\u00fal Mijango (former commander) led the renovating trend. Yet again, these tendencies were at the origin of a power struggle within the party that lasted until 2005. In 1999 this power struggle culminated with a dispute over the selection of a presidential ticket, which crippled the party\u2019s already tarnished image. At the Tenth Special Convention in 1999 the orthodox group\u2019s control of the Political Commission and the National Council marked the beginning of a period of greater coherence within the party that would ultimately lead to an eventual disintegration of the renovating group. At the December 2000 convention, a statutory reform prohibiting the existence of internal tendencies and insisting on the revolutionary socialist character of the party was adopted. This measure was aimed at creating greater harmony within the party but internal differences resurfaced again when in May 2001 the renovating current (the word tendency had been replaced by the term current) headed by Guardado and Jovel decided to boycott the special convention in protest against the National Council\u2019s decision to extend its own mandate. This move eventually led to Guardado\u2019s expulsion from the party. Party elections in 2001 settled the issue of ideological heterogeneity when the orthodox group regained control of important positions. Following the elections, a series of altercations prompted the expulsion of six members of the renovating current including Francisco Jovel.640 Recounting the incident, Jovel explained 639 Samayoa, S. (2018b). Interview with the author [Interview]. 640 Allison, M. E., & Alvarez, A. M. (2012). Unity and Disunity in the FMLN. Latin American Politics and Society, 54, 89-118. 230 that nothing would stand in the way of the orthodox and recalled that his and Guardado\u2019s expulsions created much discouragement in the party, \u201cKeep in mind that Facundo Guardado was the founder of one of the guerrilla organizations, numerically the largest. He had been a prisoner of war, general secretary of the party, and presidential candidate, but was still expelled. As for me was the founder of one of the organizations of the front, was member of parliament for two terms, member of the general command of the throughout the war, member of the political commission throughout the post-war period, deputy coordinator, and for a brief period was also coordinator of the party. They drove me out anyway.\u201d641 Another attempt by Oscar Ort\u00edz to undertake internal reorganizations was met with the same fate when the orthodox current retained the majority at the 2004 party elections. At the 2005 convention, a reform was proposed to eliminate internal elections replacing them with a mere ratification of candidates and party officials who were already nominated by the leadership. Before this new measure could be implemented several deputies and mayors along with 350 militants from the renovating trend left the party marking the beginning of the consolidation of the orthodox current over the party\u2019s organizational resources and ideological principles.642 The orthodox members\u2019 fight for the control of the party was also waged through waves of depuraciones or purges of reformist elements. Party membership was reduced from more than 125,000 in the early 1990s to a bit more than 20,000 in 2010. Paradoxically, in many instances those same people that were expelled from the party still voted for it at election times, a choice driven by limited options. As Jovel reported, \u201cThese people were not interested in voting for any other party, they always ended up voting for the front. They had no other alternative, they remained loyal to the FMLN.\u201d643 Those purges followed new 641 Jovel, F. (2018b). Interview with the author [Interview]. 642 Allison, M. E., & Alvarez, A. M. (2012). Unity and Disunity in the FMLN. Latin American Politics and Society, 54, 89-118. 643 Jovel, F. (2018b). Interview with the author [Interview]. 231 regulations that classified party members according to specific categories distinguishing hard-core militants from those whose ideological adherence to the program was less reliable. Samayoa who left the party in 1994 explained the difference, \u201cThe party leadership argued that they had to distinguish between militants who had organic rights to vote and participate in elections, and the others such as sympathizers, collaborators, affiliates, friends etc\u2026.\u201d Despite remaining a party supporter, Samayoa indicated that these purges cut out quality and diversity, and reduced membership to a limited group of ultraconservatives.644 Despite suffering important internal divisions, the party was able to resist turmoil and retain popularity. Jovel indicated that this resilience was attributable to the expectations that originated at the time of the peace agreement. Back then he argued, the epitomized resistance to the Salvadoran right and represented hope for a better future. Salvadorans who opposed the regime put all their faith in the emerging party and were often oblivious to the mistakes and excesses. Jovel remembered that people would define themselves as either with the right or with the four letters referring to the party acronym. He recalled, \u201cIn both rural and urban areas people would say: \u201cSoy de las cuatro letras am with the four letters]. Jovel compared this endorsement to the unconditional support for Christian Democratic Party leader Napoleon Duarte when he lost what was seen as the fraudulent 1972 elections, \u201cAt that time the popular slogan was \u2018con Duarte aunque no come\u2019 [with Duarte even though one does not eat].\"645 Internal discord would remain pervasive until the 2014 election of the Salvador S\u00e1nchez Cer\u00e9n\u2019s / Oscar Ort\u00edz presidential ticket, after which the would cautiously evolve towards more representation, with some members spearheading efforts for change F\u00c9IN The Good Friday agreement didn\u2019t generate a major split in the Sinn F\u00e9in party. This peaceful intra-party transition came as a surprise to many as the history of Sinn F\u00e9in had been rife 644 Samayoa, S. (2018b). Interview with the author [Interview]. 645Jovel, F. (2018b). Interview with the author [Interview]. 232 with conflicts, internal disagreements, and dissensions. Despite sharing the same historic goal, namely independence from England, Sinn F\u00e9in members went through a century of internal disputes and divisions. The first split came about in December 1921 after the signature of the Anglo-Irish treaty creating an Irish Free State. The agreement created deep divisions between those who pragmatically accepted the Free State and those who saw it as a continuation of British hegemony over Ireland, the six Northern counties being excluded from the new State. This first split degenerated into a civil war where pro-treaty Free State forces prevailed.646 The divisions spread to the who, the following year, also split between supporters and opponents of the Treaty, the latter later referred to as the \u2018irregulars.\u2019 The cracks continued during the 1920s as many influential figures abandoned the party. Treaty opponent De Valera\u2019s decision to found the Fianna F\u00e1il party and the subsequent departure of a number of prestigious leaders, represented a major blow and resulted in a loss of substantial support. The party\u2019s fortunes further deteriorated when the voted its independence from Sinn F\u00e9in in November 1925 for fear that the party\u2019s divisions spread to its own ranks, and openly supported Fianna F\u00e1il during the 1932 electoral campaign. Another rupture emerged in the 1960s when the leaderships of Sinn F\u00e9in and the started advocating for more political engagement, which antagonized those that favored a more militaristic approach and ultimately led to the famous split between the factions that came to be known as Officials and Provisionals.647 The approval of the amendment urging the dropping of abstentionism for the D\u00e1il in 1986 created yet another split in the party. Led by Gerry Adams, Martin McGuinness, and Danny Morrison, the change in policy antagonized many who had suffered repression at the hands of the Irish Free State. The opponents would create two rival social movements, the Republican Sinn F\u00e9in (RSF) and the Continuity IRA. More factions would 646 Hearty, K. (2017). Understanding a Fraught Historical Relationship. In Critical Engagement: Irish Republicanism, Memory Politics and Policing. Liverpool University Press. 647 Maillot, A. s. (2005). The new Sinn F\u00e9in : Irish republicanism in the twenty-first century. Routledge. 233 emerge in 1997 when a group of activists opposing the Provisional IRA\u2019s ceasefire in 1997 and, later, the Good Friday agreement created the 32 County Sovereignty Committee.648 The period of stability that followed the signature of the Good Friday agreement was surprising to many given the party\u2019s strife-torn history. As new recruits enlisted in the party, internal disputes occasionally resurfaced and at times resulted in defections, some of which concerned elected officials whose resignations made headlines. Rarely due to ideological differences, defections were mostly the result of polemic behavior from the old-timers, directed towards the new recruits. Mac Aodh\u00e1in explained, \u201cBecause they come from a military organization, they are not good with people. They had lots of defections from the party not some much for political disagreements but because some members were treated badly; there is a lot of internal disputes and bullying.\u201d649 As the party transitioned from a \u2018revolutionary\u2019 party to an \u2018ordinary\u2019 party, tensions between the two generations started to emerge. Describing the frictions between the old and new members, \u00d3 hAdhmaill observed, \u201cYou may get people\u2026 that have different values and different levels of commitment\u2026 The party has expectations of his members but some of the new members may not have felt they had to live up to those expectations because all they were doing was joining a party\u2026and you can see tensions and frictions developing.\u201d650 According to Mac Donncha, because the conflict had been centered in Belfast, differences in opinion and disagreements over course of action continued to occur between party members in Northern Ireland and those based in the South.651 Yet, these frictions remained marginal and despite the challenges, party loyalty was rarely questioned. 648 White, R., & Demirel-Pegg, T. (2017). Social Movements and Social Movement Organizations Recruitment, Ideology, and Splits. In L. B. a. G. D. Fazio (Ed.), The Troubles in Northern Ireland and Theories of Social Movements. Amsterdam University Press. 649 Mac Aodh\u00e1in, R. (2019a). Author's interview with Ruadh\u00e1n Mac Aodh\u00e1in [Interview]. 650 \u00d3 hAdhmaill, F. (2019). Author's interview with F\u00e9ilim \u00d3 hAdhmaill [Interview]. 651 Mac Donncha, M. (2019). Author's interview with Miche\u00e1l Mac Donncha [Interview]. 234 Internal cohesion During the war, the Christian militia was ill-famed for its internal fighting. Numerous purges intended to consolidate the ranks of the resistance occurred at various intervals. Clashes between the Kataeb and the Noumour militants in 1979 and the violent altercation following the Tripartite Accord in 1986 are registered in history as painful reminders of the violent confrontations that stained the Lebanese Forces\u2019 militia\u2019s past.652 Strikingly, and although the road to unity was paved with difficulties, the party germinated an institution with a great level of cohesion. Despite the often-reported tribal rifts between members of antagonistic families in rural areas party members have showed remarkable unity since the creation of the party. Most party members interviewed reported almost no ideological disagreements and a high degree of unity, mostly as a result of the political clout of the undisputed party leader. Minor issues would occasionally generate tensions between members but never reach an irreversible point of rupture so as to cause major defections from party loyalists.653 While some of these disputes originate from tensions between the old and the new generation was successfully able to build an effective multi-generational cooperation. Old generation v/s new generation When the Lebanese forces registered as a political party, it put in place an educational program aimed at assisting party members navigate the transition into civilian life. The program included training that addressed participants\u2019 psychological needs, and helped them develop social, professional and personal abilities. The trainings sought to help participants acquire new skills, in particular those that would make them endorse and 652 Moumni, N. (2014). The Lebanese Forces. Al Kuwwat al Lubnaaniyya, Nach'at al Mukawamat al Maseehiyya wa Tatawwuraha. Dar Sa'er al Mashrek. , Zarifeh, F. (2019). Author's interview with Fady Zarifeh [Interview]. 653 Raji, W. (2019). Author's interview with Wissam Raji [Interview]. 235 promote nonviolent political activities. Classes administered included group dynamics, leadership, public speaking, report writing, meetings facilitation, and conflict resolution. According to Habchi, this education program was of short duration, the party being put under extreme pressure from pro-Syrian Lebanese authorities, and later banned from any political activity. It\u2019s only 15 years later that the party could resume its didactic programs.654 When the party reestablished itself as a political party in 2006 the old generation members resumed trainings and were joined by new recruits who gradually enlarged the ranks of the party with a younger generation that had no fighting history. According to Hasbani, cohabitation between old members and new recruits generated tensions that were cleverly navigated by party leadership. The party high command strove to strike the right balance between honoring those who fought during the war and welcoming newcomers who were revitalizing the organization with new ideas and new credentials. Hasbani reported that extensive efforts were exerted not to alienate war veterans who were considered the backbone of the party. He described the stake, \u201cThese are people who offered significant sacrifices at a personal level, who have been persecuted and were subjects of all sorts of harassments. They create the link between the past and the future of the party.\u201d According to Hasbani, the party is currently going through a transitional phase during which the war generation and the new generation are cohabiting until the new generation replaces the old one and takes over most of the responsibilities and public office positions.655 The transition is handled with care by the party leadership as cohabitation presents many challenges. According to former Minister of Social Affairs Richard Kouyoumjian, striking the right balance between the old and the new is a tough equation as some old members carry a distinct identity that should be cared for. As he explained, \u201cYou cannot strip old members of their identity. These people were the defenders of Lebanon\u2019s sovereignty and of the Christians\u2019 existence. Sometimes they take pride in actions that the party doesn\u2019t necessarily agree with, but they need to be handled skillfully.\u201d656 This careful consideration along with 654 Habchi, A. (2019). Author's interview with Antoine Habchi [Interview]. 655 Hasbani, G. (2019). Author's interview with Ghassan Hasbani [Interview]. 656 Kouyoumjian, R. (2020). Author's interview with Richard Kouyoumjian. In. 236 the great deal of attention given to tribal sensitivities played a central role in preserving party cohesion and avoiding party defections Post-war and M-19 were characterized by ideological divisions that led to internal schisms that surfaced soon after the parties were formed. Conversely, and despite having been known for their wartime quarrels, the Lebanese Forces and the Sinn F\u00e9in displayed a remarkable level of institutional unity after peace was signed. The Lebanese Forces skillfully managed the relationship between old-timers and new recruits, showing appreciation and gratitude towards combat veterans, but also enlisting new members that would bring fresh ideas and revamp the image of the party in the post-conflict setting. By contrast, the resisted the transfusion of progressive ideas, fearing change would dilute the ideology and the corrupt the cause but strong leaders were able to unify the party through a series of purges and statutory reforms. In the case of the M-19, the assassination of M-19\u2019s wartime hero boded ill for the party\u2019s post-agreement unity weak structure and ideological ambiguity prevented cohesion and dispersed the party. Sinn F\u00e9in and Lebanese Forces\u2019 leadership continuity certainly played in their favor. Both groups\u2019 wartime leaders cemented their positions during peacetime enjoying widespread support. Contrastingly, While Handal\u2019s undeniable authority persisted after peace was signed, in the eyes of many, his leadership reflected the views of an orthodox faction, which led to many disagreements and a number of defections. The contrasting findings of this section suggest that the implications of party cohesion were not very consequential in explaining the parties\u2019 achievements. Despite its chaotic party life and future dispersion, post-agreement M-19 played a key role in opening space for an improved democracy. So did the other three cases regardless of the dynamics that prevailed within their institutions as political parties. Beyond their ideological rifts, and their capacities to address their internal problems, these party\u2019s contribution to democracy remains undeniable. 237 Communication with the electorate is considered an essential element of political parties\u2019 operations. By their very nature, political parties are meant to crystallize people\u2019s interests and carry citizens\u2019 concerns to the government. In addition to reflecting public sentiment, political parties also provide a system for governments to communicate with the society and in some cases use their leverage to manipulate public opinion.657 Parties communicate using the various ways available to them at the time of their development. Face-to-face meetings and rallies have traditionally been the most widely used means of communication between party members and their constituencies. Albeit still in use, in the second half of the twentieth century, mass media outshone these methods, notably with the emergence of television networks. Over the past couple of decades, political communication gradually moved to the electronic environment. Social networks became the most prominent part of political communication and campaigning, and the new low-cost medium of exchange between politicians.658 Among the cases studied, there are vast differences in the way the four parties communicated and in the results of these efforts. These disparities were determined by the tools at their disposal but also by the parties\u2019 strategies and distinct communication abilities M-19 Perhaps the most famous political advertisement campaign of Colombia\u2019s recent history, and certainly the most eccentric one, was the one that presented the launch of the M-19 guerrilla. 657 Sartori, G. (1976). Parties and Party Systems Framework for Analysis. Cambridge University Press. 658 R\u00f6mmele, A. (2003). Political Parties, Party Communication and New Information and Communication Technologies. Party Politics, 9(1), 7-20. 238 On the morning of January 14, 1974, a curious black and white notice in the El Tiempo newspaper read: \u201cParasites\u2026 worms? Wait, M-19\u201d. During the following three days, in that same spot, more notices with similar messages emerged: \u201cDecay\u2026 lack of memory? Please wait, M-19\u201d or \u201cLethargic\u2026Idle? Wait, M-19\u201d. The campaign was simultaneously replicated in other newspapers, namely, El Espectador and El Bogotano. On the day that the new armed insurgency stole the sword of Simon Bolivar, the notice read: \u201cIt\u2019s coming\u2026 M-19\u201d unveiling the political nature of the advertisement.659 As an armed group the M-19 continued to capture Colombians\u2019 attention with high impact operations, using powerful symbols to get its messages through. But as the group transitioned into political life, the message lost strength, and the methods used to convey it became less novel. The M-19 party communicated with its constituents using the conventional communication channels of the early 1990s. Messages were delivered mostly through radio, television, and written press. The party published magazines such as 2010 and Mayor\u00edas Internacionales, it also owned a radio, Radio Macondo.660 Using attractive cover page designs, the party magazines covered various national and regional issues, usually putting special emphasis on the benefits of peace dividends. The magazines also included interviews with party leaders and reported on the achievements of the party\u2019s elected representatives.661 According to Franco, the party\u2019s communication methods were rather inefficient. The party didn\u2019t have a system for gauging citizens\u2019 needs and couldn\u2019t rely on data or figures from any grassroots organizations. As he recalled, \u201cAt that time both media and grassroots organizations had less outreach, they were less intense, more sporadic, and less far- reaching.\u201d Furthermore, as Franco reported, community-based exchanges, whenever they occurred, were egocentrically exploited by some party members for their own electoral benefits, with little consideration for the party\u2019s interest as a whole.662 Generally ill-planned and amateurish M-19\u2019s communication strategy was almost nonexistent. In their 659 Villamizar Herrera, D. (2002). Jaime Bateman : biografia de un revolucionario. Editorial Planeta Colombiana. 660 Villamizar, D. (2017b). Interview with the author [Interview]. 661 M-19 Archives. Obtained from Dar\u00edo Villamizar in 2017. In. 662 Franco, C. (2018). Author's interview with Carlos Franco [Interview]. 239 political addresses, members focused on political positions rather than on a clear political program that responded to their constituents\u2019 needs. In their outreach to voters, party members mainly concentrated on what they felt were important issues. For the most part, they emphasized the 1990 peace agreement and the party\u2019s role in the Constitutional Assembly, accomplishments in which the party took great pride. According to Pati\u00f1o, at that time, the peace agreement was so groundbreaking that it stole the spotlight and overshadowed all other issues. He described, \u201cWe thought that putting the accent on the peace agreement and the Constituent Assembly served much more than political programs. 1990 and 1991 were two magical years because they represented a pivotal transformation in the country\u2019s history. The air of hope that came with the end of the war and the prospect of a democratic opening seemed much more effective than political platforms, in a country where traditional parties remained hermetic.\u201d663 But the hype around the peace accord deprived the party of good judgment and obscured its vision, preventing it from perceiving the more pressing issues that the country was facing. Excessive focus on topics that meant little in people\u2019s daily lives, gradually insulated the party from its supporters. As the peace rhetoric became outdated, a growing gap would emerge between the party and people it aimed to represent.664 Remarkably, the middle-class urban guerrilla that had started its military journey with an astonishing advertisement campaign and had epitomized ordinary citizens\u2019 aspirations, had failed to devise a successful communication strategy in the postwar period As a party, the was able to distinguish itself through its unique four-letter brand and a well-organized presence on the ground. Snubbed by the mainstream media -mainly owned 663 Pati\u00f1o, O. (2018b). Interview with the author [Interview]. 664 Franco, C. (2018). Author's interview with Carlos Franco [Interview]. 240 by the political right- the party relied mostly on face-to-face communication but also on social media and constituents\u2019 feedback militants knock on people\u2019s doors to inquire about their individual needs and levels of satisfaction. According to Suniga, militants would ask simple questions such as \u201chow is it going? How have the changes been?\u201d to gather information and collect data. In addition to door-to-door canvassing, the party conducted regular surveys as a consultation method to help adapt their policies to people\u2019s needs. Suniga detailed, \u201cEvery two months we conduct surveys of different sectors of the population to evaluate people\u2019s perception of our work so we can improve our performance and gain more credibility. Surveys\u2019 topics include: Politics, social issues, cultural issues, health, and security\u201d. In an effort to expand its influence beyond its traditional base, the reached out to untapped communities of voters such as the artists community. Having created the Sexual Diversity Division in 2010, the could also count on the support of the community. Suniga explained, \u201cYoung artists are not militants but they are sympathizers that end up indirectly supporting the FMLN. At this time, we are surveying the community and the Salvadoran youth living in the U.S. and in Belize. The analysis will help us understand their demands and cater to their needs.\u201d665 In her analysis of the communications strategies of the FMLN, Alisha C. Holland noted that the nonideological nature of subnational politics helped the party demonstrate its governance potential which in turn helped garner support for national races. Unlike the M-19, the FMLN\u2019s efforts to build on its strong organizational base as well as its subnational electoral strategies contributed to the party\u2019s ascent to power.666 Social media also played an important role, the party relying heavily on Twitter, Facebook, and Instragram. Party members occasionally gave and radio interviews when invited. That didn\u2019t happen frequently, the media generally being disinclined to give more exposure to the party. Being less accustomed to media appearances, the lacked the skills of self- promotion that were mastered by its main opponent, ARENA, whose heavy media presence 665 Suniga, C. (2018). Interview with the author. In.[Interview]. 666 Levitsky, S. (2016). Challenges of party-building in Latin America. Cambridge University Press. , Mart\u00ednez, A. G. (2018b). Interview with the author [Interview]. 241 was supported with pompous advertisement of its own achievements. In a self-critical assessment, Suniga recognized the weaknesses of party\u2019s communication skills. Pointing out to the FMLN\u2019s amateurish approach he observed, \u201cIn El Salvador we say \u2018the [political] right is like the chicken; it lays the egg and goes crowing\u2019. We are like the turtle; we remain silent. We have not been able to communicate to the people all the achievements we have made and we accomplished so many of them in agriculture, health, and education with free university now for all.\u201d667 Self-promotion was unquestionably a skill mastered by the young politician who defeated the in the 2019 presidential elections. Nayib Bukele\u2019s social media savviness and his masterly use of digital communication to highlight his persona -in a sensational manner-668 contrasted with FMLN\u2019s heavy-handed use of social networks and outdated communication strategies F\u00c9IN For many years, the Republic of Ireland's Broadcasting Act complicated communication between Sinn F\u00e9in and its potential audience. Section 31 of the Broadcasting Act gave the government the permission to ban the broadcast of anything that, in the government\u2019s opinion, incited to crime or undermined the authority of the State. From 1972 to 1994 this censorship law was applied to the and Sinn F\u00e9in.669 This contradictory situation where a legal party allowed to operate and file candidates for elections in the Republic was not allowed to access the media, constrained the work of journalists and put Sinn F\u00e9in at a great disadvantage. According to Maillot, this climate of censorship pushed the party to grow more self-reliant and become acquainted with, and subsequently master the techniques of self- 667 Suniga, C. (2018). Interview with the author. In. 668 Ruiz-Alba, N., & Mancinas-Ch\u00e1vez, R. (2020). The Communications Strategy via Twitter of Nayib Bukele, The Millennial President of El Salvador. Communication and Society, 33(2), 259-275. 669 news online. (2014). Twenty Years on: The Lifting of the ban on broadcasting Sinn F\u00e9in BBC. 242 promotion.670 An exercise that was easily assumed by the party, after all, Sinn F\u00e9in\u2019s founder, Arthur Griffith, was himself the editor of a radical newspaper, the United Irishmen, the precursor of Sinn F\u00e9in\u2019s official monthly publication An Phoblacht. According to the An Phoblacht website, this Irish republican magazine, both printed and available online, was first established as a weekly paper in 1906 under its English name The Republic and relaunched in 1970 under its current name. First magazine to go online in Ireland, An Phoblacht still publishes on a monthly basis reporting on Irish republican news.671 Having always been central to Sinn F\u00e9in\u2019s operation and identity, communication features prominently in the party\u2019s operations. The party communicates with local constituencies through social media, local media, regular town hall meetings, political canvassing, home- delivered leaflets, and local bulletins.672 According to Maillot, the republican discourse is well thought-out and carefully designed, characterized by repetition, cohesion, and consistency. Using sound bites and clear messages, Sinn F\u00e9in\u2019s discourse usually steers clear of nuances to avoid assumption-based confusion. Equipped with direct and clear messages, Sinn F\u00e9in members master the art of conveying them in concise ways.673 While Spencer reported that this aptitude is largely due to the hierarchical nature of the party and its capacity to operate in unison,674 Sinn F\u00e9in credits its communication adeptness to the fact that messaging emanates from the people that the party aims to represent. Messages are decided upon collectively within the party, based on the feedback from party activists.675 Traditionally, electoral expectations were easier met in Northern Ireland than in the Republic as the party\u2019s popularity in the North made campaigning simpler, chiefly as a result of the abundance of volunteers. \u00d3 hAdhmaill described, \u201cIn the North, their pool is much bigger so they have a lot of helpers and supporters whereas in the South of Ireland it is a 670 Maillot, A. s. (2005). The new Sinn F\u00e9in : Irish republicanism in the twenty-first century. Routledge. 671 Website, A. P. About us. 672 Walsh, S. (2017). Author's interview with Seanna Walsh [Interview]. 673 Maillot, A. s. (2005). The new Sinn F\u00e9in : Irish republicanism in the twenty-first century. Routledge. 674 Spencer, G. (2006). Sinn Fein and the Media in Northern Ireland: The New Terrain of Policy Articulation. Irish Political Studies, 21(3), 355-382. 675 Maillot, A. s. (2005). The new Sinn F\u00e9in : Irish republicanism in the twenty-first century. Routledge. 243 much smaller party in terms of numbers with the result that they cannot engage in the same type of election campaign.\u201d676 Over the past few years however, Sinn F\u00e9in\u2019s ability to outreach in the South made dramatic improvements. As could be seen in the 2020 elections, the party\u2019s popularity in the Republic witnessed an explosive growth, making it the most popular party in Ireland with a 24.5 percent share of the popular vote, a 10.7-points increase since previous elections.677 Since its inception, the Lebanese Forces regarded communication as a tool of central relevance to its operations. In 1985, as an armed group had established its own private television network, the Lebanese Broadcasting Corporation (LBC), the first non-government owned station in Lebanon fight over management and then ownership of the broadcast channel triggered a prolonged legal fight that ended more than a decade after the initial proceedings, with losing the battle.678 Deprived of its prime communication instrument strived to compensate for this loss using a multitude of other options. When the party resumed its political activities in 2006, it set up an efficient communication system aimed at ensuring that communication flowed easily within the party and with the society at large. As a political party mainly communicated with the public through a self-owned radio (Radio Liban Libre), the party website, a monthly magazine (Almasira), and a monthly student\u2019s magazine (Afak Al Chabab). According to LF\u2019s head of media Charles Jabbour, more than a 100 people work round-the-clock to convey LF\u2019s messages, and always making sure the information published doesn\u2019t include defamatory material. LF\u2019s communication officers are present in all government agencies, parliamentary discussions, syndicates, municipalities, and professional associations media outlets seek to convey party 676 \u00d3 hAdhmaill, F. (2019). Author's interview with F\u00e9ilim \u00d3 hAdhmaill [Interview]. 677 BBC. (2020). Irish General Election: Sinn F\u00e9in celebrate historic result In. 678 LBCwebsite website. cases-a-prince-a-former-lebanese-warlord/en 244 positions on current and general issues, on a daily basis and across Lebanon, and to make sure that LF\u2019s elected officials\u2019 positions are aligned with that of party leadership.679 LF\u2019s radio station is considered the party\u2019s primary communication instrument. Enjoying a wide geographic spread is easily accessible and is renowned for hosting guests holding a wide range of political views. According to Jabbour, the radio, just like other media tools, transmits the party messages in a subtle way, making sure it doesn\u2019t offend listeners who hold opposing views. The only time the radio conveys the party\u2019s political positions is during the news bulletin\u2019s introduction.680 Former Editor in Chief of RLL, Antoine Mrad, explained that the radio plays a pivotal role in party life as it has a reach that spreads beyond the party supporters. On this point, Mrad points out to the radio\u2019s popularity in the Chi\u2019i area, known to be politically antipodal to the party. In large part, he contended, this popularity is due to RLL\u2019s professional and respectful interaction with the guests, and to the programs\u2019 hosts\u2019 political sensitivity, abiding by the principle La liltajreeh wala liltabkheer (no to defamation and no to incensing).\u201d681 Having lost its own network looked for other ways to gain television exposure and found an ally in the (Murr Television Station). According to Jabbour, MTV\u2019s political orientation was aligned with that of which allowed \u201cfriendship without affiliation.\u201d682 covers political activities almost on a daily basis giving wide exposure to leader and party candidates. It is noteworthy that this tight knit relationship is widely perceived by opponents as political bias having been repeatedly accused of acting as the party\u2019s propaganda machine, a claim plainly refuted by the party whose head of media maintained that the affinity stems from the fact that both institutions share similar values and principles. 679 Jabbour, C. (2019). Author's interview with Charles Jabbour [Interview]. 680 Ibid. 681 Mrad, A. (2019). Author's interview with Antoine Mrad [Interview]. 682 Jabbour, C. (2019). Author's interview with Charles Jabbour [Interview]. 245 In addition to radio and activities has an active website and a strong presence on Twitter and Facebook. It also publishes two monthly magazines, Almasira (The Journey) and a students\u2019 magazine Afak Al Chabab (Horizons). Almasira, intended for both general readership and party members, presents the party\u2019s perspectives on politics, economics, and even culture. Party members are urged to read Almasira to expand their knowledge base, and gain a better understanding of the party perspective is currently working on a book and documentary film chronicling the history of the party, intended principally at acquainting members and sympathizers with the movement\u2019s history from the party\u2019s perspective.683 has a strong presence in the Lebanese diaspora across the world. Through this wide network of supporters, the party\u2019s political activities are vibrant in Europe, Canada, the U.S., Russia, and the Golf Countries team of Lebanon-based members make sure the diaspora is kept abreast of local developments and of party positions. Information is conveyed through the website and social media as well as local publications produced by supporters in the diaspora and disseminated to sympathizers.684 Over the past few years, the Lebanese Forces worked on revamping its image, presenting itself as a modern political party, championing the fight against corruption, and against Hezbollah\u2019s armed presence in Lebanon. Attracting competent and experienced technocrats, the party was keen to come across as a serious political player, committed to promoting real democratic practices. One such technocrats is former Minister and Vice Prime Minister Ghassan Hasbani. Former businessman and consultant, Hasbani remarked that the new leadership revitalized the party, bringing in new faces with good reputation and technical expertise. As he reported, \u201cThe role we played in government showed a quantum leap in performance\u2026 Recruiting qualified people helped the Lebanese Forces double its size in parliament.\u201d685 Besides introducing new talents and technical expertise, introducing new blood produced a change of perception of a party that for years was closely associated with war and its horrors. Commenting on this issue, Baraghid stated, \u201cPeople are seeing that 683 Ibid. 684 Ibid. 685 Hasbani, G. (2019). Author's interview with Ghassan Hasbani [Interview]. 246 representatives are not militia members anymore but they are thinking as statesmen\u2026 Our ministers are recognized, even by opponents, as high-profile officials that elevate the standards of politics in the country.\u201d686 In conjunction with the leadership infusion honed its communication skills, refining its discourse to discard any divisive connotations, and using phraseology that promoted inter-sectarian cooperation. The introduction of revitalizing forces into the leadership along with the revised discourse, attracted young recruits not drawn from LF\u2019s traditional support base, enlarging and diversifying LF\u2019s partisan base.687 All the cases considered in this study experienced difficulties, albeit with various degrees, with communication was scorned by mainstream media, Sinn F\u00e9in interviews were banned from broadcast, and the Lebanese Forces lost their network in a legal battle. While Sinn F\u00e9in and the Lebanese forces were able to overcome the constraints and hone their communication skills, adapting them to their circumstances, the suffered the consequences of media exclusion without being able to break down the isolation barriers. SF\u2019s and LF\u2019s tour de force were due in great part to the parties\u2019 extensive experience in self- promotion, the Lebanese Forces having had their own Television Channel and Sinn F\u00e9in having been producing written publications since the beginning of the twentieth century. The FMLN, on the other hand, lacked experience in the skills needed to overcome the challenges and struggled to find alternative ways to champion party values and achievements. Nevertheless, the party\u2019s canvassing efforts and pragmatic choices were rewarded by significant electoral successes. The experience of the M-19\u2019s proved even more challenging. Despite the armed group\u2019s performance of highly symbolic operations and experience in the designing of creative advertisement campaigns, the party\u2019s postwar communication strategy lacked strength and persuasiveness. Lacking a sound outreach 686 Baraghid, E. (2019). Author's interview with Baraghid [Interview]. 687 Hasbani, G. (2019). Author's interview with Ghassan Hasbani [Interview]. 247 strategy and marred by individualism, the party was unable to build on its earlier successes and gradually drifted away from its constituency Access to funding is an essential component of party operations as it helps parties get their messages through and enlarge their list of supporters. Party funding can come from several different sources, party membership being the most evident one. Other sources include private funding, and direct and indirect state subsidies.688 In the past few years, the latter two means of funding have gained prominence as member fees have grown to be increasingly insignificant. Both state and private funding however pose challenges. In its Handbook on Political Finance rightly points out to the fact that individuals and corporations\u2019 largesse towards certain politicians undermines the basic tenets of democracy where votes are meant to represent individual votes rather than vested interests. Furthermore, opposition parties are often at a disadvantage with regards to business donors\u2019 generosity as government parties are more likely to receive donations in exchange of favors. Then again, according to the same report, public funding, while lauded, is often contingent upon vote shares and is usually insufficient, covering an insignificant proportion of the overall expenses, and overturning the initial purpose of equalizing the opportunities.689 The cases covered in this thesis have had various levels of funding derived from different sources. But while funding strength impacted their political success, lack of funding doesn\u2019t seem to have adversely affected their achievements. 688 Norris, P. (2004). Building Political Parties: Reforming Legal Regulations and Internal Rules. 689 IDEA, I. f. D. a. E. A. (2014). Funding of Political Parties and Election Campaigns Handbook on Political Finance. 248 M-19 Membership fees at the M-19 were voluntary. The internal statutes stipulating that party members were welcome to contribute donations according to their economic situation, the party could only rely on state contribution and private donations. According to the Colombian electoral law (Law1475 of 2011), the State should contribute to the financing of the good functioning of political parties and movements with legal status, through the National Fund for Political Financing, in proportion to the number of seats obtained in the last election.690 When the M-19 participated in the Constitutional Assembly elections in December 1990, it received 27.3% of the votes and thus benefited from a substantial share of State funds. But according to Franco, in 1991 the new party\u2019s popularity started to gradually wane and as its share of votes declined, sources of funding also dried up. He explained, \u201cThe main source was the law of parties but it is a vicious circle, you get few votes, they give you less money, you do less politics...\u201d When State funding declined the party sought other types of funding relying on personal initiative but wasn\u2019t very successful. To Franco it\u2019s a chain reaction, \u201cAll the businessmen were looking for Navarro during the party\u2019s apogee (Constitutional Assembly period) but when you start losing, nobody likes you and you look for people, but no one answers you.\u201d691 But the party\u2019s handling of its finances was also a reflection of its institutional capacities. Relying upon political enthusiasm rather than systematized fundraising methods, the M-19\u2019s coffers dried up much faster than expected which inescapably affected the party\u2019s already fragile methods of operation When the was formed, it could count on several sources of financing: government funding, elected officials\u2019 contributions, membership fees, and private donations. Article 210 of the Salvadoran Constitution grants political parties government financing or deuda politica [political debt] aimed at promoting the parties\u2019 \u2018freedom and independence\u2019. The 690 Colombian Congress. (2011). Ley Estatutaria 1475 de 2011 691 Franco, C. (2018). Author's interview with Carlos Franco [Interview]. 249 Salvadoran Law of Political Parties, defines this deuda politica as a sum of money for each valid vote obtained in the elections for President and Vice-President of the Republic; Deputies to the Central American Parliament and Legislative Assembly; and for Municipal Councils. It also states that the amount would be the same as in the previous elections, increased by the cumulative inflation. In addition, that same law stipulates that each participating political party or coalition is entitled to an advance equivalent to seventy percent of the votes obtained in the previous (same type) election in which it participated.692 Apart from government funding, the party requires funding support from its own members. Party members\u2019 financial support includes two main contributions: management team members\u2019 permanent financial contributions, and elected officials and public servants\u2019 donation of a proportion of their earned salaries.693 In addition, party members and activists are asked to give a monthly voluntary contribution. As Mata reported, \u201cThe amount is left for them to decide; it depends on their income, that usually spans from one dollar to hundreds. Mandatory fees are only applied to party officials.\u201d694 In conjunction with the above-mentioned sources of funding raises money through private donations and fundraising activities. As previously noted also benefited from an additional undeclared source of financing that contributed significantly to the party\u2019s budget: Alba Petr\u00f3leos [Alba Oil]. The subsidiary of Venezuela's state-owned oil company contributed to funding the party\u2019s activities through the Salvadoran municipalities controlled by the FMLN. It was reported that Alba Petr\u00f3leos invested significant amounts of money in the media promoting the party\u2019s social responsibility programs including school scholarships, student computers, sports events and the renovation of public schools. Funds also paid publicity on Election Day.695 But while external funding helped the party sustain 692 Asamblea Legislativa, R. d. E. S. (2019). Ley partidos politicos, decreto No. 307. Tribunal Supremo Electoral 693 Estatuto del Partido Politico Frente Farabundo Mart\u00ed para la Liberci\u00f3n Nacional, FMLN, (2017). 694 Mata, R. (2018). Interview with the author [Interview]. 695 InSightCrime. (2018). Venezuela Mafia State? Venezuela has become a hub of organized crime in the regionVenezuela and El Salvador: Exporting Aid and Corruption , Robles-Rivera, F. (2018b). Financiamiento privado de las campa\u00f1as electorales en Am\u00e9rica Central 250 itself, it also compromised the party\u2019s independence and its ability to respond to genuine need, free from outside constraints F\u00c9IN Sinn F\u00e9in has various sources of financing, America being the most important source of funding for the party. Mainly carried out through the \u201cFriends of Sinn F\u00e9in\u201d organization, fundraising in the U.S.A. started when the was withdrawn from the list of designated terrorist organizations in 1995. Despite some periods of tension, the U.S. has consistently been the largest funder of Sinn F\u00e9in making it the party that generated the most income on the island.696 Other sources of funding include State funding, elected representatives\u2019 voluntary contributions, and local fundraising events. In the Republic of Ireland, government funding is based on the number of representatives and the percentage of votes received. Under the Irish Electoral Act, parties who have at least one member elected to the lower house or elected or nominated to the Senate qualify for the parliamentary activities allowance. In addition, party candidates who have received at least 2 percent of the total first-preference votes at the most recent general election qualify for a payment.697 It is common practice that Sinn F\u00e9in parliamentarians\u2019 salaries be split between the elected representatives and the party. TDs usually retain the \u201cindustrial wage\u201d and donate the rest to the party.698 Other sources of funding include membership fees -with employed members paying twice the fee of unemployed ones-699 as well as fundraising events organized by various party departments.700 An additional revenue source came to be known in 2020 when news broke out that an English national, had donated \u00a31.5m to the ResearchGate, pp 155-161. 696 Maillot, A. s. (2005). The new Sinn F\u00e9in : Irish republicanism in the twenty-first century. Routledge. 697 SIPO, S. i. P. O. C. State Financing 698 O'Halloran, M. (2020). Sinn F\u00e9in TDs \u2018donate \u20ac2,500\u2019 to party out of \u20ac96,000 salary The Irish Times. out-of-96-000-salary-1.4173101 699 Walsh, S. (2017). Author's interview with Seanna Walsh [Interview]. 700 Mac Donncha, M. (2019). Author's interview with Miche\u00e1l Mac Donncha [Interview]. 251 party. According to the Economist, the Englishman\u2019s gift represented \u2018the biggest donation in the history of Ulster politics.\u2019 Hampton\u2019s largesse continues to flow to the party as his assets are liquidated.701 The Lebanese Forces party is mostly financed by the Lebanese diaspora scattered around the world. Other sources of financing include local donors, membership fees, property yields and returns, as well as periodic and seasonal fundraisers.702 Occasionally, the would benefit from the largesse of regional allies. Most interviewees reported that the diaspora is the Lebanese Forces\u2019 largest source of financing as supporters across the globe contribute donations to the party on a regular basis. The biggest contributors are members located in the Gulf countries, the U.S. and Australia.703 The party can also count on the generous donations of party sympathizers, some of whom choose to remain anonymous and donate to the party on a regular basis.704 Membership fees, a fixed amount disbursed by all party members, is another important source of funds for the party.705 Consistently increasing over the years, the contributions reached their all-time highs over the past few years.706 Additional to that, the party owns numerous assets including stores, buildings, and lands. Sales and rental proceeds from these wartime properties also contribute to the yearly budget.707 701 The Economist. (2021). How Sinn F\u00e9in, the political successors to the IRA, became so rich. ira-became-so-rich 702 Baraghid, E. (2019). Author's interview with Baraghid [Interview]. , Khoury, E. (2019). Author's interview with Elie Khoury [Interview]. , Zarifeh, F. (2019). Author's interview with Fady Zarifeh [Interview]. 703 Baraghid, E. (2019). Author's interview with Baraghid [Interview]. 704 Zarifeh, F. (2019). Author's interview with Fady Zarifeh [Interview]. 705 Ibid. 706 Khoury, E. (2019). Author's interview with Elie Khoury [Interview]. 707 Ibid, Raji, W. (2019). Author's interview with Wissam Raji [Interview]. 252 In addition to these funding streams, fundraisers are organized on a yearly basis at various levels of the party organization. To fund its radio station, the Lebanese Forces party usually holds an annual upscale dinner that draws large numbers of attendees. Baraghid reported that the funds collected help cover the expenses of the radio including staff salaries for at least six months. In addition university students organize annual fundraisers with famous Lebanese celebrities attracting the younger crowds of sympathizers. Baraghid noted that the administration constantly encourages the various departments to make efforts to fundraise. The also reaches out to wealthy sympathizers inviting them to commit to yearly donations that can range from 2,000 to 10,000 USD.708 According to Fady Zarifeh the pro-bono services provided by party members should also be counted as an indirect source of funding. Zarifeh reported that these volunteer services save the party what would have been very heavy expenses. As he explained, \u201cThe second biggest source of financing is us, it\u2019s the volunteer work that many of us do. 95% of the party runs without overhead charges. We have 26 coordinators and 13 heads of professions that are not remunerated, and many more responsibilities undertaken free of charge.\u201d709 Lastly, it is not unusual that regional allies step in. One such example is the Saudi Arabian contribution to the March 14 alliance -a coalition of anti-Syrian political parties- ahead of the 2009 elections. According to Kouyoumjian this type of donations is solely based on the longstanding friendship between the two entities and is totally non conditional.710 Despite these claims, Saudi Arabia\u2019s assistance to the Lebanese Forces would often be pointed out by the detractors as a proof of the party\u2019s subordination to Saudi Arabia\u2019s regional policy. But generally speaking, given the absence of direct public funding to political parties in Lebanon, the Lebanese Forces\u2019 broad range of income sources is believed to ensure a certain level of autonomy and independence. 708 Baraghid, E. (2019). Author's interview with Baraghid [Interview]. 709 Zarifeh, F. (2019). Author's interview with Fady Zarifeh [Interview]. 710 Kouyoumjian, R. (2020). Author's interview with Richard Kouyoumjian. In.[Interview] 253 Political party financing stems primarily from membership fees and states contributions to political life. Except for the M-19, all parties considered in this study were able to secure additional funding from a close network of local or foreign sympathizers. Quite obviously, parties that were able to survive and uphold their successes benefited from the largesse of either a supporting diaspora, generous regional allies, or both. In the case of the Lebanese Forces and Sinn F\u00e9in, the diaspora played a significant role in beefing up party budgets and was able to step in, in times of crisis. Venezuela\u2019s interests in El Salvador also resulted in the country investing significant amounts of money to promote and support its strategic ally. In Colombia by contrast, little investment in party organization and the almost total absence of serious fundraising efforts led to gradually depleting the party\u2019s coffers with no financial recovery plans. While the Colombian experience suggests that financial support plays a crucial role in institutional survival, a direct causal connection between the availability of financial resources and democracy promotion, is hard to establish. As the above information reveals, the M-19\u2019s outstanding contribution to an improved democracy was inversely proportional to its financial strength. That being said, Colombia\u2019s unique circumstances at that juncture shouldn\u2019t be overlooked. The M-19\u2019s participation in the process that led to the enacting of a new Constitution came as a result of a combination of socio-political circumstances that allowed the movement to play a historic role in unique setting. The guerrilla\u2019s disarmament coincided with the culmination of a movement that had started about 10 years earlier and concluded with the enacting of a new Constitution. But while the former guerrilla rode the wave, it also played an important role in the changes that were about to take place. 254 The role of political leaders in the evolution of post-insurgent parties has been duly documented (Deonandan et al., 2007; Manning, 1998, 2007; Wade, 2007; Young, 2007). Examples include Wade\u2019s exploration of the leaders\u2019 role in overcoming the many internal disputes that emerged in the post-agreement period, and the role they played in turning the former guerrilla into a successful venture.711 The impact of the Sudan People\u2019s Liberation Movement (SPLM) leader\u2019s death on the development of the party was also explored in Young and Beneditti\u2019s studies.712 Manning also studied that relationship in the Mozambican Renamo, a personalized party that relied heavily on the leadership Afonso Dhlakama.713 Weinstein reported on the influence of the Tupumaros\u2019 founding member on the political party that came to be associated with it.714 Leaders\u2019 role in fostering an authoritative culture in this type of parties was also well documented. The hierarchical leadership structure inherited from the war days often leads to keeping power concentrated in the leader\u2019s hands in the postwar period.715 With respect to the four cases considered in my study, leaders\u2019 charismatic personalities played crucial roles during the war and continued to assume critical functions in the post-war setting. In particular, the presence of 711 Wade, C. (2007). El Salvador: The Success of the FMLN. Lynne Rienner Publishers , Young, J. (2007). Sudan: The Incomplete Transition form the to the SPLM. Lynne Rienner Publishers 712 Young, J. (2007). Sudan: The Incomplete Transition form the to the SPLM. Lynne Rienner Publishers 713 Manning, C. (2007c). Revolutionaries to Politicians: The Case of Mozambique. In K. Deonandan, D. Close, & G. Prevost (Eds.), From Revolutionary Movements to Political Parties, Cases from Latin America and Africa. Palgrave Macmillan. 714 Weinstein, M. (2007). The Left's Long Road to Power in Uruguay Palgrave Macmillan. 715 Ibarra, C. F., & Puig, S. M. (2007). Guatemala: From the Guerrilla Struggle to a Divided Left Palgrave Macmillan. 255 strong unifying leaders in the Sinn F\u00e9in and the Lebanese Forces parties significantly reduced the risks associated with the transition M-19 Colombia\u2019s political culture has long been dominated by caudillos [strong old-fashioned political leaders]. Dating back to the fight against Spanish domination, caudillos were local partners of national notables who brought together clients from their departments to help super patrons achieve presidency.716 Even as Colombia entered the modern era, the Caudillos culture persisted and continued to play a leading role in political life. According to Posso, political parties in Colombia still reflect that personalist leadership style and the dynamics it created between local leaders and their constituencies. Posso indicated that one of M-19\u2019s goals was precisely to break up with that archaic practice and promote a new leadership model anchored around organizational values, performance and accountability. Assuming leadership of the movement after the death of Carlos Pizarro, Navarro hoped to bring a new vision for doing politics in Colombia. But Navarro\u2019s new leadership style didn\u2019t resonate well in a society where the power dynamics were still defined by the caudillo culture. To Posso, Navarro\u2019s leadership style -based upon extensive negotiation and participative democracy- would even damage his own party. He reported, \u201cNavarro was a negotiator, he lacked individualism, if Navarro was a caudillo the party would have been more functional\u201d.717 This vision was shared by Novoa who also indicated that Navarro\u2019s conciliatory approach proved to be very costly. He described how, during the 1994 electoral campaign, Navarro\u2019s conciliatory approach and non-confrontational style undermined the party\u2019s electoral fortunes. The fear of upsetting party candidates who felt entitled to lead their own lists led him to take to make a wrong move. He explained, 716 Archer, P. R. (1990). The transition from traditional to broker clientelism in Colombia: political stability and social unrest. The Helen Kellogg Institute for International Studies. 717 Gonz\u00e1lez Posso, C. (2018). Author's interview with Camilo Gonzales Posso [Interview]. 256 \u201cAll eyes focused on Navarro, but think that Navarro couldn\u2019t make a cohesive list for fear that the movement would break. He did not know whether to be strong with his leadership or give freedom to those who wanted to get elected, and in that ambiguity, everyone decided to go with the wasp operation\u201d.718 To this day, Navarro\u2019s role in the party\u2019s rise and fall is still debated. While recognizing the role of the electoral decision in the 1994 debacle, Navarro admitted that he never could and never wanted to convince the candidates to go for the closed list option. The decision he would argue, had to be taken by consensus whatever the consequences.719 The consequences were fatal as in a single election, the party\u2019s share in congress decreased from 19 to one at a time when, shrewdly navigating the election system, traditional parties were able to recover their majorities In El Salvador, there is widespread recognition that Schafik Handal is \u2018the most prominent figure in the pantheon of the Salvadoran left\u2019.720 Acclaimed and praised by many former and current party members, Handal\u2019s leadership dominated the party from 1997 to 2003, when the faction he led, gained prominence as the party was being ripped apart by internal strife. Handal has a street named after him, a monument on one of the main highways, and a museum dedicated to his life and achievements. It is also not uncommon to find his effigy on walls and building facades in traditional strongholds.721 Having headed the Salvadoran Communist Party since the 1950s, Schafik Handal was key in forming the alliance that would give rise to the FMLN. During the conflict, Handal was one of the most influential leaders and served on the general command of the guerrilla key 718 Novoa, A. (2018a). Author's interview with Armando Novoa [Interview]. 719 Navarro, A. (2018). Author's interview with Antonio Navarro [Interview]. 720 Sprenkels, R. (2011). Roberto d'Aubuisson vs Schafik Handal: Militancy, Memory Work and Human Rights. European Review of Latin American and Caribbean Studies, 91, 15-30. 721 Ibid. 257 member of the peace accord negotiation team, Handal founded the National Commission for Consolidating Peace (COPAZ),722 and served as the Secretary General of the party for 14 years.723 After being twice elected to the legislative assembly, he ran as FMLN\u2019s candidate in the El Salvador\u2019s 2004 presidential election strong advocate of popular deliberations, Handal created the \u2018Popular Tribunes\u2019 in Plaza Barrios encouraging party leaders to engage in dialogues with the population and build ties with the general public. But despite this penchant for public debates, Handal was deeply aware of what he considered the dangers of \u2018excessive democracy\u2019. In 2005, after his faction gained prominence in the party, Handal pressed for the elimination of internal elections, leaving the decision-making for selecting candidates to the ruling leadership. His top-down authoritarian approach was received with a great deal of criticism as the party gradually slid towards authoritarianism. With Handal\u2019s death in 2006, the lost its most glorious figure as none of his successors had his charisma and popular appeal. But the change of leadership also ushered a new era of ideological flexibility that might have been unthinkable under his lead. Handal is mostly remembered for putting an end to factionalism, a trend that would continue after his death.724 The influential leader was succeeded by several leaders, all projecting power and authority, albeit not with the same aura. But while the frequency of turnover at the helm of the party was a matter of concern, the strong grip that the consecutive leadership kept over the organization preserved unity and prevented dispersion Without any doubt, Sinn F\u00e9in\u2019s traditional leaders played a significant role in the success of the party. Unanimously endorsed and enjoying undisputable popularity, the successive party leaders\u2019 authority was rarely questioned. Gerry Adams\u2019 authority in particular, was unparalleled. Both a wartime leader and a chief architect of the Good Friday agreement, the 722 The body responsible to arbitrate disagreements that might arise from the implementation of the accord 723 Pullin, L. (1993). Comandante Schafik Handal, 1930-2006. Green Left(655). 724 L\u00f3pez Bernal, C. G. (2016). Schafick Jorge Handal y la \"unidad\" del de postguerra: entre la memoria y la historia. El Salvador, 1992-2015. Di\u00e1logos, 20(2), 13-29. 258 30-year president of Sinn F\u00e9in was widely recognized as an undisputable pacesetter for the party.725 Describing Sinn F\u00e9in leaders\u2019 influence \u00d3 hAdhmaill stated, \u201cIf Gerry Adams would come out and say \u2018this should be the policy\u2019, most members would probably say \u2018yes we agree\u2019. The same with someone like Martin McGuinness. Both of them have a great deal of authority and support within Sinn F\u00e9in because of their republicanism and their leadership\u201d.726 Gerry Adam\u2019s sudden replacement with Mary Lou McDonald in 2018 shook the party and prompted waves of uncertainty about the party\u2019s future. But despite a rough start, the 50- year-old middle-class politician\u2019s stance on social issues attracted new followers and ushered a new era for the party.727 Sinn F\u00e9in\u2019s electoral breakthrough in the D\u00e1il \u00c9ireann February 2020 general elections validated the judiciousness of the choice with the party winning 24.5 percent of the first-preference vote, doubling its share from the previous elections.728 Commenting on the relationship between the change of leadership and elections results, \u00d3 hAdhmaill noted that the image of a strong leader no longer carried the same weight it did in the past. That was especially true in the South he reported, where the \u2018fear factor\u2019 amongst nationalists had less impact on voting behavior. The type of loyalty that stemmed from the feeling that a strong leader can help steer the community away from danger was gradually losing ground. At the present time he argued, in the Republic, Sinn F\u00e9in\u2019s popularity is determined by social and economic issues rather than leadership style. Issues such as Brexit, abortion, same-sex marriage, and the environment have greater influence on people\u2019s decision to join a party or the selection of elected representatives. But McDonald\u2019s female figure also brought a fresh perspective and attracted voters who didn\u2019t necessarily associate with Sinn F\u00e9in\u2019s the military past. This was especially true for women 725 MacDonncha, M. (2019). Author's interview with Miche\u00e1l Mac Donncha [Interview]. 726 \u00d3 hAdhmaill, F. (2019). Author's interview with F\u00e9ilim \u00d3 hAdhmaill [Interview]. 727 McCormack, J. (2020). Irish general election: Who is Mary Lou McDonald? BBC. 728 The Guardian. (2020). Sinn F\u00e9in declares victory in Irish General Election. The Guardian. election 259 voters. As \u00d3 hAdhmaill reported, \u201cWith Marie Lou McDonald being the leader, Sinn F\u00e9in is no longer seen as [a militaristic party] and so many more women are voting Sinn F\u00e9in in percentage terms.\u201d729 McDonald\u2019s record however is not without controversy. Her late blooming political career, her mysterious transition from Fianna Fail to Sinn F\u00e9in, and her meteoric rise through the ranks of Sinn Fein remain a puzzle to many. But McDonald\u2019s lead brought structural and cultural changes that reinvigorated the party and outperformed historical precedents highly controversial figure, the Lebanese Forces leader Samir Geagea has been at the helm of the organization since the war days. Adulated by most party supporters and despised by his detractors, the historical leader plays an instrumental role in the party life. Most party members interviewed credit much of the success of the party to the personal attributes of Geagea. Unanimously perceived as a legendary leader whose life journey is held in high regard, Geagea\u2019s popularity is credited to the various choices he made at every critical juncture. Khoury recounted many of those, including his decision to reject a U.S. embassy offer to make arrangements for him to escape the country in 1994, and his decline of a cabinet position offered to him by post-Taef agreement president Georges Hraoui. To Khoury, Geagea had refused to betray his principles at the cost of enormous sacrifices but eventually, his loyalty to his convictions and supporters paid off. He explained, \u201cWhy are we so attached to Samir Geagea? Because Geagea didn\u2019t leave the soldiers behind when he had better options\u2026 He went to prison not knowing what his destiny would be, not knowing if he would come out dead or alive\u201d.730 Confirming this perception Habchi added that, to his supporters, Geagea is a role model serving as an example to be followed. His humble background and merit-based ascension in the militia, earned him the kind of trustworthiness that made him creditable even when making controversial choices. Habchi explained, \u201cHe had the courage to be where his conscience led him; he had the courage not to run away and 729 \u00d3 hAdhmaill, F. (2019). Author's interview with F\u00e9ilim \u00d3 hAdhmaill [Interview]. 730 Khoury, E. (2019). Author's interview with Elie Khoury [Interview]. 260 bear the consequences of his acts; and when he saw an opportunity for peace, he had the courage to say \u2018no\u2019 to war and everyone followed\u201d.731 Alongside charisma, Geagea is also valued for his approachability. The hakim (doctor) as he is commonly referred to, personally provides guidance to party members when needed and is the ultimate authority that members turn to when they have troubles or difficulties. Geagea devotes an enormous amount of energy to ensure the well-functioning of the party, making sure members feel valued and are given attention when needed. Raji explained, \u201cDr. Geagea cares a lot, of course, about the political situation and about our political impact; how we are perceived, and how we market ourselves as a political power. But he also puts a lot of efforts internally, making sure the body is healthy and able to deliver\u201d.732 Despite a highly institutionalized party with decentralized command structures, Geagea remains the ultimate recourse for many party members. As Hindi reported, \u201cSome problems still don\u2019t get solved unless the people in the village personally go to see the hakim so he can find solutions to their problems; that is because they are attached to their leader not because he chose it to be like that.\u201d733 Without any doubt, Geagea\u2019s persona and decades in power makes a smooth change in leadership seem unlikely. No party members interviewed could bring to mind even a remote possible replacement. As Hindi put it don\u2019t know who would take over. Above all don\u2019t know if party members would accept the results of an election so yes, it\u2019s a serious issue but an issue that the leadership is aware of and is trying to mitigate.\u201d734 Of all four parties studied, the Lebanese Forces is the only one that hasn\u2019t witnessed a change of leadership. When asked about the party\u2019s sustainability plan, Geagea replied that the party has one but that he wasn\u2019t willing to share it.735 While the party\u2019s highly institutionalized structure suggests that a smooth transition could be possible, a replacement of such an iconic figure could also generate unpredictable reactions, and possibly unleash internal infighting between longtime suppressed enmities. 731 Habchi, A. (2019). Author's interview with Antoine Habchi [Interview]. 732 Raji, W. (2019). Author's interview with Wissam Raji [Interview]. 733 Hindi, E. (2019). Author's interview with Elie Hindi [Interview]. 734 Ibid. 735 Geagea, S. (2022). Author's interview with the leader of the Lebanese Forces [Interview]. 261 In Ireland and Lebanon, the wartime leaders\u2019 skills, personal ambitions, resilience, and political experience vastly contributed to transforming the former armed groups into successful parties. The uncontested authority of strong and resolute leaders that served as a model to follow for party members certainly played a role in the future development of both Sinn F\u00e9in and the Lebanese Forces. While not enjoying unanimous support, Handal\u2019s authoritative leadership of the preserved party unity and ensured FMLN\u2019s survival and subsequent ascent to power. In the case of the M-19, the absence a forceful political leader able to take bold decisions is believed to have negatively impacted the party\u2019s internal cohesion, and contributed to the party\u2019s ultimate disintegration. Nonetheless, while strong leadership played an important role in party survival, it\u2019s difficult to argue that the parties\u2019 democratic achievements were tied to the presence of powerful leaders. The M-19\u2019s role in the historic reform of the Colombian Constitution was not contingent upon the command of a strong leader and in many ways, equaled the achievements of other parties in furthering democracy in a meaningful way. The foregoing findings suggest that leadership style or conditions have little influence on the parties\u2019 abilities to contribute to positive change when the fighting is over. 262 263 5 When former armed groups integrate the political battlefield, they face the challenge of defining their political identity and harmonizing their beliefs along the lines of a mainstream political ideology. But many such groups find it difficult to agree on a set of ethical ideals or principles, especially when the post-war party is a reflection of cluster of armed groups with philosophical and strategic differences. Furthermore, electoral participation often pushes the new political actors to moderate their views to influence election results in their favor. Similar to most studies that focused on the ideological positions of post-insurgent parties found that the four parties started their post-war journey with ill-defined ideological identities. But while ideological ambiguity prevailed, these parties retained moral commitments that would survive the war-to-peace transition found that in all four cases, the moral commitments that were generated by the grievances that prompted the armed struggle remained constant and transpired in the parties\u2019 post-war actions and behavior M-19 Ideological ambiguity When asked about the political ideology that shaped the policy debates and the choices of the M-19, former members offer a whole range of explanations. Answers include liberal democracy; representative democracy; liberal democracy with a social democratic 264 approach; democratic nationalism; liberal reformism; and social capitalism. While the foundational document of the M-19 declares that the party would strive to promote democracy, independence, social justice and peace, most former members agree that very few could clearly define the ideological underpinnings of the movement. To this day, it is difficult to assess what the extinct party\u2019s ideology consisted of. Interviewees\u2019 answers range from \u201cIt was social democracy and nothing else\u201d736 to \u201cWhat ideology? There were so many currents of thought that we never even managed to discuss to agree on an ideological position.\u201d737 What was certain, reported Franco, was that the M-19 never adopted the ideology of the former M-19 guerilla. The former member indicated that the party included such a high proportion of members that had no linkage to the former guerilla, that it would have been impossible to advocate for the same issues that prevailed during the war days.738 The diversity of political personalities that joined the movement demonstrated that it well deserved the \u201cColombian Sancocho\u201d designation that the guerilla founder once used to describe the guerrilla\u2019s aspirations. Bateman was referring to the Colombian traditional soup containing an unexpected large number of different meats and vegetables.739 Given the ideological confusions, Franco indicated that it would be more pertinent to speak of political definitions rather than political ideology. He explained, \u201cThe political definitions were that the armed struggle was over in Colombia and that peace and reconciliation were what is agreed on; and that the party program was not socialism but social democracy. But those were very general definitions and are more political than ideological. There was talk of national sovereignty without making clear what that was exactly, or even talk of a foreign policy like that of the non-aligned and the right to self-determination.\u201d740 According to Franco, the party did not have time to brainstorm about an ideological framework. Constantly racing the clock, the budding party was faced with too many 736 Navarro, A. (2018). Author's interview with Antonio Navarro [Interview]. 737 Franco, C. (2018). Author's interview with Carlos Franco [Interview]. 738 Ibid. 739 Gonz\u00e1lez Posso, C. (2018). Author's interview with Camilo Gonzales Posso [Interview]. 740 Franco, C. (2018). Author's interview with Carlos Franco [Interview]. 265 consecutive deadlines. Several elections, too close together, were always fast-approaching: the Constituent Assembly election in December 1990, the congressional elections in December 1991, local elections in March of 1992, and congressional elections in March of 1994. These elections, Franco suggested led to exhaustion, and this constant race against time didn\u2019t work to the benefit of the party.741 leftist party with no leftist ideology Novoa\u2019s personal observation led him to conclude that the M-19 was a leftist party devoid of a leftist ideology -as typically understood by European socialist parties. The party he explained, had its own ideas of democratic nationalism just as the guerrilla of the M-19 had its own ideas of armed liberal reformism, not necessarily inspired by a Marxist ideology. As he reported, \u201cThe M-19 was not a communist guerrilla and never promoted a Marxist discourse but adopted the ideology of some great liberal leaders such as Simon Bolivar, Jorge Eli\u00e9cer Gaitan, etc \u2026\u201d742 To Posso the M-19 vision was epitomized in the Constituent Assembly. As he described, \u201cThe Alianza had a nationalist program but the central flag was representative democracy\u2026 If you look at the Constituent Assembly, and the behavior of the M-19, it represented a commitment to liberal democracy with a social democratic approach.\u201d743 Undoubtedly, the party\u2019s ideology was a confusing topic for most party members. Even with the benefit of hindsight, when former members strived to theorize their former politics, the result remained elusive and both logically and politically inconsistent. 741 Ibid. 742 Novoa, A. (2018a). Author's interview with Armando Novoa [Interview]. 743 Gonz\u00e1lez Posso, C. (2018). Author's interview with Camilo Gonzales Posso [Interview]. 266 The incoherent ideology of the early stages When the guerrilla was formed the different organizations that composed it maintained their own organic structures. They each had their own financing and elected their leaders independently. At that time, members often disagreed about a vast number of issues such as the need to pursue a prolonged popular war or the scope of their political activities. In fact, ideology was so diverse that some members even opposed concepts such as social democracy, reformism, or even elections. Members would only agree one matter: the organization\u2019s socialist agenda.744 It was no surprise therefore that when the formed as a political party, it emerged as an incoherent group with very little ideological uniformity. Martinez remembered that when the war ended, the majority of former combatants had guerrilla loyalty but no ideological claims. The ideas and ambitions that drove the decisions of the leaders was foreign to most group members or supporters. He explained, \u201cThe ideology of the group was always very loose and only concerned the leaders. The rank and file had no idea what the ideology was about. The Christian Catholics for example were supportive of the cause but against the armed struggle, so was the Archbishop of San Salvador, \u00d3scar Romero\u2026 When the peace was signed, the new party had to choose an ideology so it did.\u201d745 744 Allison, M. E., & Alvarez, A. M. (2012). Unity and Disunity in the FMLN. Latin American Politics and Society, 54, 89-118. 745 Mart\u00ednez, J. J. (2018). Interview with the author [Interview]. 267 Samayoa related that during its transition into peaceful life the party leadership scrambled to create an image that would reflect its mission because the objectives were not quite clear. What the party was positive about he relates, were the numerous things it was against. As a general rule, it opposed free trade agreements, privatization, and development programs with negative environmental impact. As he put it, \u201cThe party disagreed with the programs of the right but did not know what to propose as its own model. Of course, it had a programmatic platform in the elections but it never had a clear model of its own.\u201d746 In the refoundation statute of 1992, the party\u2019s ideology was defined as \u201cdemocratic, pluralist and revolutionary\u201d, willfully refraining from any mention to socialism or Marxism (as cited in SPRENKELS, 2019).747 It\u2019s only after the 2010 purges that a clear switch in ideology surfaced. As that point, the party geared towards the left and adopted a more radical tone. Incongruous behavior Even though that significant shift came to define the for the following years, it is often believed that the party\u2019s radical discourse was insubstantial and was quickly relinquished when the rose to power. As a ruling party, the party\u2019s leftist agenda was hardly translated into action as the was forced to capitulate on many of its socialist reforms battles.748 Samayoa related that when it came to apply what it preached, the sinned more in words than in deeds as its government policies failed to undertake the measures that were touted in their election speeches. Samayoa attributed this \u2018schizophrenia\u2019 to the party\u2019s inability to deliver, constrained by its legislative size. He explained, \u201cThey continued to say in their speeches that they were revolutionaries and that they were socialists but they were trapped between what they could achieve and their ideological discourse. They kept that discourse unchanged out of fear that they would betray their principles.\u201d749 746 Samayoa, S. (2018b). Interview with the author [Interview]. 747 Sprenkels, R. (2019b). Ambivalent Moderation: The FMLN's Ideological Accommodation to Post- War Politics in El-Salvador, Government and Opposition. Cambridge University Press, 54, 536-558. 748 Young, K. A. (2019). El Salvador's and the Constraints on Leftist Government 749 Samayoa, S. (2018b). Interview with the author [Interview]. 268 According to Sprenkels, the party became an \u201cideological composite\u201d with two distinct discourses, one for the internal and another one for the external audience, \u201cRevolutionary and patrimonialist repertoires were employed more frequently within the party; democratic repertoires more frequently with external audiences.\u201d750 In fact, once in power leaders sought cross-party consensus on many issues. Young explained that a biased media, lack of legislative majority, the country\u2019s shortage of lucrative natural resources, and extreme reliance on migrant remittances made El Salvador vulnerable to U.S. and right-wing pressure. As he explained, \u201cThe battles over particular reforms, however fierce, took place within a broad cross-party consensus on the maintenance of capitalism. Top leaders either avoided references to socialism or redefined the concept in a \u2018non- radical\u2019 way.\u201d751 Garibay argued that the success of the guerrilla to turn itself into a durable party resided precisely in its ability to disconnect from the specific context of its transformation from guerrilla to political party and to embrace the already existent national partisan divisions. He indicated, \u201cThis process presupposes a change, where the internal references linked to the armed struggle period gradually fade away without necessarily being discarded, and yield to the [needs of] the electoral battle.\u201d752 While acknowledging this evolution, party members insisted that many fundamental principles remained unchanged. In particular, they cited the party\u2019s outright opposition to capitalism and its determination to achieve equality. Blandino indicated that he liked to think of the doctrine as a socialist ideology that is tailored to the Salvadoran society. Citing one of the group leaders\u2019 moto he stated, \u201cEl Salvador has to be as socialist as its people wants it to be.\u201d753 750 As cited in Sprenkels, R. (2019b). Ambivalent Moderation: The FMLN's Ideological Accommodation to Post-War Politics in El-Salvador, Government and Opposition. Cambridge University Press, 54, 536-558. 751 Young, K. A. (2019). El Salvador's and the Constraints on Leftist Government 752 Garibay, D. (2005a). De la lutte arm\u00e9e a la lutte \u00e9lectorale, itin\u00e9raires divergents d'une trajectoire insolite. Une comparaison \u00e0 partir des cas centram\u00e9ricains et colombiens. Revue internationale de politique compar\u00e9e, 12, 170. 753 Blandino, R. A. (2018b). Interview with the author [Interview]. 269 Dissolved by the system? Slowly however, a growing divide between the party and its constituents started to emerge. Increasingly preoccupied with their own political and economic interests, party leaders were seen as unresponsive to popular needs and too accommodating to the preexisting system. Former member Roberto Ca\u00f1as argued that the integrated the system to be dissolved by it rather than to change it. Referring to a quotation by FMLN\u2019s historical leader Schafik Handal he stated, \u201cThere are two alternatives to joining the system, either you enter the system to change it, or the system dissolves you.\u201d754 Commenting on this matter, Ana Guadalupe Martinez denoted the hypocrisy and endemic corruption that characterizes many party leaders whose personal situation improved dramatically as they came into power. This situation, she noted, stood in stark contrast with their constituents\u2019 socio-economic conditions. She stated, \u201cIt\u2019s the false communism of many leaders of the who lead a more or less good life as politicians, secure their children in fairly well- paid positions, and most importantly are extremely corrupt!\u201d Martinez indicated that the growing disconnect between leaders and their constituents was further exacerbated by the fact that 25 years after the signature of the agreement, the new generation grew less emotional about the war, and young people\u2019s focus shifted towards other issues such as social welfare and economic stability. As she put it, \u201cThe new generation wants jobs and opportunities; it also wants to see new faces.\u201d755 While the integrated the political system and didn\u2019t quite live up to its leftist promises, it did deliver important achievements on the democratic front. As is often the case with the other parties, although the FMLN\u2019s ideological commitments were betrayed, the party\u2019s legislative and advocacy efforts yielded positive results. 754 Ca\u00f1as, R. (2018). Interview with the author [Interview]. 755 Mart\u00ednez, A. G. (2018b). Interview with the author [Interview]. 270 F\u00c9IN Between leftism and pragmatism Sinn F\u00e9in\u2019s values and beliefs are rooted in the socialist and nationalist principles of James Connolly, one of the leaders of the Easter Rising. Connolly\u2019s major contribution to republican ideas was linking the concept of social justice to that of national self- determination.756 After the Easter Rising of 1916, inspired by Connolly, Sinn F\u00e9in expanded its requirements from a Home Rule movement to demanding Separation from England, thus committing itself to establishing an Irish Republic.757 Clearly indicated in the party constitution, ending British rule is spelled out as the party\u2019s first objective. Other objectives include, establishing a Democratic Socialist Republic; promoting the restoration of the Irish language and Irish cultural heritage; and bolstering cultural diversity, sustainable development, and environmental responsibility.758 Overall, despite some differences, the party sees itself as an adherent of tenets and principles of the European and the Internationalist left.759 staunch defender of human rights and promoter of pro-immigrant policies760 Sinn F\u00e9in has traditionally been against globalization and has consistently opposed European integration. With time however, the party tempered its position to one of prudent involvement, successfully participating in European parliament elections and in referendums on European treaties.761 756 Mac Donncha, M. (2019). Author's interview with Miche\u00e1l Mac Donncha [Interview]. 757 Walsh, S. (2017). Author's interview with Seanna Walsh [Interview]. 758 Sinn F\u00e9in Constitution and Rules, (2015). , SFConstitution, Sinn F\u00e9in Constitution and Rules (2015). 759 Mac Donncha, M. (2019). Author's interview with Miche\u00e1l Mac Donncha [Interview]. 760 Walsh, D., & Eoin, O. M. (2012). The Slow Growth of Sinn F\u00e9in: from minor player to centre stage? The History Press. 761 Maillot, A. (2009). Sinn F\u00e9in's Approach to the EU: Still More 'Critical' than 'Engaged'? Irish Political Studies, 24(4), 559-574. 271 Despite being very clear on its ultimate goals, Sinn F\u00e9in\u2019s electoral strategies have often been imbedded in pragmatism. Party policies have demonstrated flexibility and were often immersed at the community level, at times even diverging from the official policy documents.762 While remaining clearly to the left of the political spectrum, Sinn F\u00e9in\u2019s pragmatic approach occasionally shifted party policies to the center on a needs basis. According to Benoit and Laver, as time went by, the party slowly moved from distinguishing itself as radical leftist liberal alternative, to gradually penetrating the territory of the other Irish parties in the Republic.763 To Mac Donncha, these ideological fluctuations helped the party navigate through the changes that have occurred over the last three decades, and adapt to the island\u2019s complex political landscape, \u201cParties always change and evolve as circumstances change\u2026 In any conflict situation, that becomes the main focus. When the peace process began, the focus was very much on making it successful and ensuring that everybody internally, within Sinn F\u00e9in was part of that process. With electoral success and participation in the political institutions (both North and South)\u2026 the focus shifted to how most effectively to deploy the party in those institutions.\u201d764 Ending British rule: the immutable essence of the Sinn F\u00e9in ideologies In fact, since the 19th century, Sinn F\u00e9in has been marked by some measure of ideological ambiguity. According to \u00d3 hAdhmaill, besides the main aim of ending British rule and establishing a 32-county republic, Sinn F\u00e9in has been a collection of people with different viewpoints, ranging from marxists to conservatives. The nationalist community that tended to support republicanism in the North, was traditionally composed of religious working- class people of lower social-economic background who, up until the 1990s were greatly 762 Walsh, D., & Eoin, O. M. (2012). The Slow Growth of Sinn F\u00e9in: from minor player to centre stage? The History Press. 763 Benoit, K., & Laver, M. (2003). Estimating Irish Party Policy Positions Using Computer Wordscoring: The 2002 Election Research Note. Irish Political Studies, 18(1), 97-107. 764 Mac Donncha, M. (2019). Author's interview with Miche\u00e1l Mac Donncha [Interview]. 272 influenced by the catholic church who unambiguously opposed the armed struggle. \u00d3 hAdhmaill indicated that this contradiction between the community\u2019s political allegiance and the church\u2019s teachings became customary. As he described, \u201cRepublicans would in one sense go to church to bury their dead and attend all sacraments, but still support the armed struggle even when the church said it was a mortal sin.\u201d To \u00d3 hAdhmaill this ambiguity was unconsciously mirrored in the party\u2019s own behavior, especially when it came to define the mechanisms to be used to achieve social democracy. He explained suppose the situation then becomes a bit grey when you talked about the meaning of socialism\u2026 At times, Marxism was very strong as an ideology and other times it was very week.\u201d The fall of the Berlin wall and later the peace process contributed to toning down the Marxist inclination within the party. Subsequently, Sinn F\u00e9in\u2019s participation in the government in Northern Ireland further diminished the party\u2019s Marxist rhetoric.765 Eventually, Sinn F\u00e9in broadened its support base and slowly moved into mainstream constitutional politics.766 While clearly to the left, Sinn F\u00e9in\u2019s ideology fluctuated considerably overtime and was largely influenced by the different socio-economic contexts. But although the party often redefined the terms of its beliefs, its commitment to the defense of human rights remained unchanged Between perceptions and definitions: the great divide Nowhere is ideology more intricate than in the case of the Lebanese Forces declassified report dated in 1982 described the Lebanese Forces\u2019 ideology during the war as a sectarian philosophy whose aim is to preserve Lebanon\u2019s independence under Maronite hegemony and to make sure that Lebanon will never be dominated by Muslims.767 This claim stands in striking contrast with the party\u2019s self-declared mission. In its charter 765 \u00d3 hAdhmaill, F. (2019). Author's interview with F\u00e9ilim \u00d3 hAdhmaill [Interview]. 766 Whiting, S. (2016). Mainstream Revolutionaries: Sinn F\u00e9in as a \"Normal\" Political Party? Terrorism and Political Violence, 28(3), 541-560. 767 CIA, C. I. A., & report, D. (1982). Lebanon: The Lebanese Forces Militia. 273 presents itself as a non-sectarian party committed to peaceful coexistence and the promotion of a sovereign and prosperous Lebanon. The document also pledges to defend human rights, dignity and freedom; and to promote democracy, individual rights, and collective safety and security.768 To most interviewees, any description claiming that the armed resistance\u2019s aim was to establish Christian hegemony in Lebanon represents a distorted understanding of the group\u2019s objectives, failing to grasp the complexity of the circumstances and issues at stake. Insisting on the non-sectarian nature of the Lebanese Forces, they indicated that the party\u2019s ideology, just like that of the armed resistance, always was and continues to be based on three tenets: democracy, sovereignty, and consensus. In his 23 published books, Antoine Najm, one of the founders and most prominent political philosophers of the Lebanese Forces addressed questions about the nature, scope, and legitimacy of the various Lebanese parties\u2019 ideologies and the relationships between them. In 1986, Najm proposed a \u201cwritten\u201d National Pact -alluding to the \u201cunwritten\u201d 1943 National Pact- based on four principles, the first of which reads as follows: \u201cThe Lebanese people are two distinct groups that aspire to live together with complete equality and social justice, in a democratic state, free and independent, within its existing borders, with no proclaimed religion, in a structure and a system that respect the aspirations, hopes and cultural aspirations of the two groups.\u201d769 Changing the mechanisms, safeguarding the objectives Equality, social justice, democracy, and freedom are ubiquitous in the Lebanese Forces lexicon. To Najm, the preservation of a system that guarantees these demands can only be 768 The Lebanese Forces. (2012). The Lebanese Forces Charter website. 769 Najm, A. (1986). National Lebanese Pact Project. 274 achieved through federation.770 Federalism, considered the trademark of the Lebanese Forces\u2019 thinking during the war, is no longer on the table as the Lebanese official line of thought but still lingers as a possible solution to Lebanon\u2019s many predicaments. While Moumni reported that the idea subsisted after the signature of the Taef agreement771 many interviewees refuted this claim. According to Habchi, federalism was an idea that was brought forward with the goal of facilitating coexistence between Lebanese citizens of various religious background and guaranteeing the rights of all members of the society. The stressed however, that federalism was a tool rather than an objective. As he explained, \u201cThe tool is determined by the context... During the war, we thought the protection of everyone\u2019s rights could be achieved through federalism because the State was inexistent. After Taef, we felt that the State and the rule of law should become the sole guarantors of individual rights.\u201d772 Another topic having shaped political debates since the inception of the State of Lebanon, is the issue of political confessionalism particularly contentious subject, confessionalism, also referred to as sectarianism -the system that proportionally allocates political power among the country's communities- has often carried a negative connotation as an insular and inward-looking system that favors partiality and favoritism. While recognizing the need to ultimately abolish it, confessionalism has remained on the table as the best possible option to control government institutions. To most interviewees, confessionalism safeguards the right to representation for Lebanon\u2019s different religious components and ensures that all groups\u2019 opinion is taken into consideration.773 According to Najm, it\u2019s of key importance not to confuse confessionalism with isolationism. To the pundit, confessionalism exists for a reason and that reason is the existence of two distinct groups 770 Najm, A. (1990). The Federal State of Lebanon or, that State of Equality, Justice, Development, and Harmonious Coexistence (Research and Discussion Project). 771 Moumni, N. (2014). The Lebanese Forces. Al Kuwwat al Lubnaaniyya, Nach'at al Mukawamat al Maseehiyya wa Tatawwuraha. Dar Sa'er al Mashrek. 772 Habchi, A. (2019). Author's interview with Antoine Habchi [Interview]. 773 Hindi, E. (2019). Author's interview with Elie Hindi [Interview]. 275 holding two different religions, the aspirations of which need to be respected and duly represented. As he reported, \u201cIn Lebanon there are people with different confessions. These people have different aspirations and need to be represented according to their confessions am against confessional fanatism but in favor of confessionalism.\u201d774 When describing ideology, Habchi also highlighted the importance of making a distinction between the mechanisms used to achieve the objectives and the objectives themselves. To Habchi, one of those invariable objectives is the defense of the Constitution. That fight he contended, was considered instrumental, the constitution being what ultimately secures happiness and prosperity. Defending the Constitution he argued, ought to be the primary goal of every nation.775 To Hasbani, during the war, the Constitution was endangered because the very existence of the Christian community was imperiled by regional threats. He explained, \u201cWhen we were defending the Christians\u2019 survival it was for the purpose of maintaining a state because the Christians\u2019 survival meant the survival of a Constitution.\u201d776 Partnership between Christians and Muslims was reported as another fundamental component of the Lebanese Forces\u2019 ideology. Calling it the \u201cphilosophy of coexistence,\u201d Jabbour refers to this notion as a key element of the Lebanese Forces\u2019 principles. He explained, \u201cWe care about Lebanon as an idea and as a message don\u2019t want Christian hegemony over Muslims nor Muslims hegemony over Christians want partnership, equality, rule of law.\u201d To the media chief, despite the party\u2019s religious composition, the institution\u2019s main goal and policy aim bypass sectarianism. Jabbour stressed the fact that Lebanon is the only country in the world that can boast a real partnership between Christians, Sunnis and Chiis at the leadership level.777 partnership that is keen to protect. As Baraghid put it, \u201c\u201cWe want [the Muslims] with us, we respect their choices and we want them to respect ours\u201d.778 774 Najm, A. (2022). Author's Interview with Antoine Najm [Interview]. 775 Habchi, A. (2019). Author's interview with Antoine Habchi [Interview]. 776 Hasbani, G. (2019). Author's interview with Ghassan Hasbani [Interview]. 777 Jabbour, C. (2019). Author's interview with Charles Jabbour [Interview]. 778 Baraghid, E. (2019). Author's interview with Baraghid [Interview]. 276 marked evolution Baraghid acknowledged that the ideology had witnessed an evolution over the years. He argued however that the evolution was a reflection of increased awareness and acquired wisdom rather than a shift in ideological commitments. Baraghid believes that while upholding the same principles and still aspiring to achieve the same goals -namely a sovereign, independent, democratic, and pluralistic Lebanon- today\u2019s Lebanese Forces is deeply convinced of the need to uphold peace and wage peaceful battles. He stated, \u201cYou cannot build a state if you don\u2019t understand the price of a war\u2026The day our leader was released from jail we started working on the party bylaws, that meant that we were using other instruments to achieve the same goals.\u201d779 Interestingly, Hindi noted that the party ideology doesn\u2019t differ much from that of other parties. To Hindi, what differentiates political parties in Lebanon is the quality and credibility of their leadership. He indicated, \u201cIf you look at the Lebanese parties, whether it\u2019s Amal, the Future or the Free Patriotic movements, or even the and the Kataeb, you would notice pretty similar ideologies. However, joining a party should not be based on the charters but rather on actions and leadership.\u201d780 In an unexpected display of candidness, Hindi\u2019s judicious statement shed light on the relative -if not marginal- role of ideology as we look at parties\u2019 roles, actions, and achievements The cases under review in this study vary widely in their political orientations however, as in the case of other similar parties, nearly all of them emerged from the war-to-peace transition with no clear definitions of their ideologies. Even after exerting serious efforts to craft a coherent postwar political program, these parties\u2019 ideological positions have often 779 Ibid. 780 Hindi, E. (2019). Author's interview with Elie Hindi [Interview]. 277 manifested some degree of ambiguity and were quite altered over the years. This situation was most obvious in the cases of the M-19 and where party members often held a large range of political beliefs. Also, in the course of time, political constraints pushed the parties to moderate their stances. The embraced liberal policies, Sinn F\u00e9in tempered its leftist rhetoric, the Lebanese Forces moderated its tone, and the M-19 sought unexpected compromises. In some cases, this transformation is admitted and in others negated but, in all instances, a gradual evolution is acknowledged. Political maturation and global events certainly influenced these changes but what is certain is that in every case, pragmatism often guided party line and resulted in policy shifts as circumstances and priorities changed. As is often the case, the above groups\u2019 ideological accommodations were precipitated by the necessity to compromise and thus temper radical positions to ensure electoral survival. Much like the whose victory had been made possible by pragmatic alliances with anti- Somoza elite,781 the M-19\u2019s alliances with members of traditional parties dictated many ideological accommodations. This ideological flexibility however turned off the electorate, the majority of whom was hoping for clear positions against traditional ways of doing politics and real social change. The electoral base of M-19 rapidly dissolved as individualistic campaigning and the absence of an integrated vision fragmented the electorate. While Sinn F\u00e9in, the Lebanese Forces and the confronted similar ideological challenges, these parties were able to streamline their ideological beliefs through either purge (as in the case of the FMLN) or tight control (in the cases of Lebanese Forces and Sinn F\u00e9in), and develop programs that transformed and expanded the composition of their constituencies, succeeding in widening their electoral base over time. In all instances however, these parties\u2019 emergence changed the landscape of political life at the national level introducing more representation for disadvantaged sectors of society (in Colombia, El Salvador, and Ireland), or favorably contributing to a political climate where different sections of society coexisted in a more peaceful manner (as in the case of Lebanon). As member Wissam Raji shrewdly 781 Deonandan, K., Close, D., & Prevost, G. (2007). From revolutionary movements to political parties : cases from Latin America and Africa (1st ed.). Palgrave Macmillan. 278 puts it, \u201cwhat sets parties apart is not so much their ideology but rather credibility and achievements.\u201d782 STAR? If ideology is a shell, that is prone to change and evolution, are there other beliefs or values that are bound to remain constant? Many scholars have demonstrated that while ideology is often used as an instrument to create legitimacy and serve the leaders\u2019 political purposes, it also helped shape and constrain their own policies (Schewedler, 2007; Tezc\u00fcr, 2010; San\u00edn and Wood, 2014; Chemouni and Mugiraneza, 2019). In fact, some have even argued that ideology can matter to the point that it could influence armed groups\u2019 actions even at the cost of strategic benefits.783 What\u2019s more, certain views and perceptions that are deep rooted in the past, survive, subsist, and resurface in the former armed groups\u2019 behavior when the war is over.784 According to Tezc\u00fcr, while the inclusion of former armed groups in the political system is likely to temper their extreme views in general terms, it doesn\u2019t necessarily erase all forms of radicalism. Normative commitments are usually retained by the new political actors, and moderation could just be camouflaged behavior.785 This leads us to ask the following question: what is the factor that remains constant when everything else changes and is that factor the common denominator that helped yield the same outcome? 782 Raji, W. (2019). Author's interview with Wissam Raji [Interview]. 783 Guti\u00e9rrez San\u00edn, F., & Jean Wood, E. (2014). Ideology in civil war: Instrumental adoption and beyond. Journal of Peace Research, 51(2), 213-226. 784 Chemouni, B., & Mugiraneza, A. (2020). Ideology and interests in the Rwandan patriotic front: Singing the struggle in pre-genocide Rwanda African Affairs, 119(474), 115-140. 785 Tezc\u00fcr, G. (2010). The Moderation Theory Revisited: The Case of the Islamic Political Actors. Party Politics, 16(1), 69-88. 279 In an effort to further the investigation decided to examine the grievances that created the conditions that gave rise to the insurgencies to gain a better understanding of the logic behind the beliefs and actions of these actors and the reasons why they behaved the way they did. The purpose of this exploration was to discover the underlying reasons behind these groups\u2019 initial grievances; the fears, deprivations, or difficulties that left them with no other choice but to resort to the armed struggle. Through this examination studied the extent to which these hardships generated needs that became moral necessities and crystallized into ethical commitments; commitments that inspired their battles, led them to peace, and transpired in their actions and decisions as they designed policies, promulgated legislation, and advocated for issues. Rather than wondering if there is a discrepancy between real intentions and political actions would try to link those political actions to the group\u2019s initial grievances. So instead of questioning the sincerity of these parties\u2019 ideological claims would investigate the reasons behind their positions. Why was Irish self- determination needed in the first place? Why did the Lebanese Christians feel they needed protection? Why did the Salvadoran and Colombian guerrillas feel that the prevailing political and economic systems were inadequate would then try to link the answers to those questions to these parties\u2019 actions and in particular to those that pertain to the promotion of democracy close examination of the parties under review reveals that they all shared a profound commitment to certain principles -generated by their wartime fears and deprivations- that were, in certain respects, in keeping with the principles of human rights and democracy. These principles were the underlying rationale for the armed struggle and remained constant throughout their transition in the post-conflict period. They represented deep- seated sentimental foundations that inspired their battles and were impervious to the ideological fluctuations that occurred along the way. 280 M-19 crushed dream The birth of independent Colombia in 1819 led to expect that self-determination would finally bring prosperity to the burgeoning nation. But it soon became evident that entrenched structural problems would challenge the emergence of a modern democracy. Poor economic administration, technological backwardness, and financial disparities, exacerbated the already difficult environment of Colombia\u2019s immense, mountainous territory. In the early 20th century, those problems were compounded by the emergence of enterprising businessmen who, eager to control the national market, helped create a downward spiral of poverty that generated social conflicts and led to political violence. In the early 20th century, Colombia\u2019s economic structure, based upon the United States\u2019 model, favored modern capitalism, limiting government intervention to the exceptional cases when social peace urgently required it. Proactive policies on issues such as agrarian reform, urban housing, and social services were practically absent and grassroots efforts to promote these issues were at best ignored, often repressed. Corruption and clientelism prevailed. In fact, the national state\u2019s margin of maneuver was undermined by the dominance of local and regional business interests, and by political brokers who positioned themselves as the sole link between the citizens and the state. Up until the middle of the 20th century, the two main political parties maintained an illusion of political representation -gradually increasing participation in the electoral system- while maintaining clientelism, impunity, and the vicious effects of poor administration.786 786 Palacios, M. (2006). Between Legitimacy and Violence History of Colombia, 1875-2002. Duke University Press. 281 The rise of a rebellion When Colombia gained its independence, the great majority of the Colombian population was employed in agriculture and worked on large properties as sharecroppers and day laborers, or were contracted for specific periods on different modalities. Often at the mercy of their employers, it was not uncommon that laborers be subject to abuse including occasionally, bonded labor. In the 1960s, despite a relative period of political stability and net economic growth, the population, especially in rural areas was growing increasingly frustrated by the disparities in the distribution of wealth and income and the poor\u2019s inability to take advantage of the growing economy. At the 1970 presidential election, unexpectedly, the National Popular Alliance (ANAPO) candidate, Gustavo Rojas Pinilla nearly defeated the National Front candidate, a result that was perceived by many as a stolen election. Rojas Pinilla\u2019s near victory was a clear indicator of people\u2019s dissatisfaction with the unbalanced progress and growing inequalities. Embittered supporters would come to the conclusion that change couldn\u2019t occur through institutional channels and decided to pursue the armed alternative. These events would eventually lead to the emergence of the M-19 guerrilla in 1973.787 Although the guerrilla name -Movimiento 19 de Abril [translated to April 19 Movement]- carried clear reference to the date in which the election of Rojas Pinilla was allegedly robbed by the National Front candidate, the armed group would eventually dissociate itself from as the two movements\u2019 ideological aspirations drifted away.788 The M-19\u2019s objectives were not clearly defined but by and large, the new urban guerrilla claimed a nationalist platform, opposing U.S. influence, and demanding greater participation and more equality. Inspired by the Uruguayan Tupumaros\u2019 leadership style, the M-19 undertook high impact performances such as stealing food and distributing it in poor 787Bushnell, D. (1993). The Making of Modern Colombia National in Spite of Itself. University of California Press. 788 Dur\u00e1n, M. G., Hormaza, O. P., & Loewenherz, V. G. (2008). The M-19's Journey from Armed Struggle to Democratic Politics. Striving to Keep the Revolution Connected to the People (Resistance/Liberation Movements and Transition to Politics, Issue. 282 neighborhoods. The M-19\u2019s theft of the sword of Simon Bolivar from its museum, carried the symbolic reference to the liberator\u2019s support of slave emancipation and socially progressive policies, and to his opposition to the U.S.-controlled local elites. Fighting for basic needs Throughout its journey as an armed guerrilla, the M-19 consistently claimed that its struggle was meant to improve the lives of ordinary citizens and fight the dominance of the business and political elite. In a compilation of interviews granted by M-19 leaders, Dar\u00edo Villamizar cast light on the former armed group\u2019s pedigree, providing insight into the founding members\u2019 thinking and the past grievances that gave rise to the insurrection.789 In these interviews, guerrilla founder Jaime Bateman often linked the armed insurrection to the aspirations of ordinary citizens. Talking to Radio Noticias del Continente in San Jos\u00e9 de Costa Rica in 1980, Bateman laid out the guiding principles of the M-19 movement, describing it as a collaborative democratic project essentially aimed at improving the socio-economic conditions of the Colombian people. He declared: \u201cOnce again (we) reiterate our firm position to develop a democratic movement in Colombia that aims at addressing the fundamental, essential problems of our country, which are: the excessive, the overly excessive monopolization of the economy and secondly, the militarization that at this moment greatly undermines freedom in our country. Our position is nationalist and patriotic\u201d.790 Bateman also emphasized the interconnectedness between people\u2019s aspirations, and the guerrilla operations. Rather than imposing an ideology, the M-19 constantly highlighted the fact that their actions\u2019 inspirations originated from the people they represented. In an interview with journalist Patricia Lara, highlighting the parallelism between the guerrilla demands and those of nearly all sectors of the society, he indicated, 789 Villamizar, D. (1995). Jaime Bateman, Un Profeta de La Paz. In. 790 Bateman, J. (1980b). Interview with Radio Noticias del Continente Radio Noticias del Continente, San Jos\u00e9 de Costa Rica. 283 don't believe in guerrilla simply believe in the guerrilla plus the local military movements, plus the peasant self-defense groups, plus the popular protest movement, plus the popular urban and rural protest movements, plus the demands of the intellectuals, plus the work of artists, plus the electoral and political struggles, plus the struggle for the defense of human rights, plus the international denunciation of the violations of those rights... In this fashion, the majority of people \u2014everyone from their place\u2014 would be joining the revolution and making its triumph possible...\u201d.791 Peace, democracy, human rights and sovereignty are words that would often come up in Bateman\u2019s and other guerrilla members\u2019 speeches and declarations. In his message to the political prisoners in September 1980, the guerrilla leader made it clear that the armed insurrection\u2019s root causes are real and worthy, and that the guerrilla\u2019s aim is to essentially achieve the wellbeing of the citizens. He declared, \u201cWe want to improve the situation of misery, hunger, malnutrition, and lack of culture that our Colombian people endure\u2026 we want a worthy homeland, an independent homeland, a sovereign homeland\u201d.792 Bateman frequently repeated that the organization was peaceful by principle and wished it could fulfill its goals without the burden of bearing arms. To the M-19 leader, the Colombian disenfranchised were so neglected and so voiceless that they were left with no choice but to resort to the armed struggle. As he explained, \u201cEvery day it becomes more obvious that this is violence between the poor and the rich; between democrats and anti-democrats; between torturers and observers of human rights; between the oppressed and the oppressors; between people who have nothing to lose and people who have a lot to lose\u201d.793 Along the same lines, M-19 co-founder Carlos Toledo affirmed that the guerrilla\u2019s goal had always been to do politics and participate in public life as politicians not as armed militants, but was forced to act otherwise. In a 1983 interview with journalist Germ\u00e1n Manga, he asserted, \u201cWe are politicians. We act overtly or underground depending on circumstances, 791 Lara, P. (1986). Siembra Vientos y Recoger\u00e1s tempestades. Planeta. 792 Bateman, J. (1980c). Mensaje a los presos pol\u00edticos. In. Colombia. 793 Bateman, J. (1980a). First interview with journalist [Interview]. 284 and the current conditions of the country do not allow us to operate in public life. We have to do politics clandestinely and will continue doing it; but we will also continue to submit peace proposals because we believe peace is possible\u201d.794 The M-19 leadership maintained its open call for debate and dialogue, indicating its readiness to seal peace if conditions permitted. As Bateman stated, \u201cWe are ready for a democratic opening; even more, we are willing to legalize our activity\u201d.795 Throughout the conflict, the M-19 guerrilla leaders\u2019 public statements regularly spelled the reasons that made a recourse to arms inevitable: deep rooted inequalities, lack of basic rights, lack of freedoms, lack of sovereignty, and monopolization of the economy. In their statements, the guerrilla leaders also affirmed their long-standing readiness to integrate peaceful political life if given the opportunity deposition that proved sincere when the guerilla declared a unilateral ceasefire. Varying stages, unchanged commitments Upon disarming, the M-19 outlined its vision for a new Colombia in its \u201cGrandes Prop\u00f3sitos para una Colombia L\u00edder\u201d [Great Propositions for a leading Colombia]. The document\u2019s introduction was replete with placating language such as peace, honesty, and creativity. In the publication, the newly formed party invited all citizens to participate in the decision- making process, including artists, journalists, the ostracized, and the persecuted. The propositions were an appeal for changing a rancor-filled history, and building national unity. Among other things, it stressed the importance of dialogue, the building of a more open and democratic public order, an independent justice system that would consolidate the peace and enshrine human rights, unity, and tolerance. The booklet also suggested ideas for a new constitution that would consecrate sovereignty, undertake a number of government reforms, and promote individual and social rights. Eventually, as members of the Constituent Assembly, the M-19 suggested reforms that were inspired by their past grievances and 794 Toledo Plata, C. (1983). Guerrillas Siguen Dispuestas Al Dialogo. 795 Bateman, J. (1980b). Interview with Radio Noticias del Continente Radio Noticias del Continente, San Jos\u00e9 de Costa Rica. 285 reflected the armed group\u2019s ethical commitments. These ethical commitments translated into proposals for peace, citizen representation, and the protection of human rights history of oppression Years of military dictatorship defending the interests of a tightly knit oligarchic bourgeoisie, created wide popular discontent and intense class polarization in El Salvador. For 48 years, all attempts to modernize the economic structure and broaden political participation were met with the brutal opposition of the dominant class at the hand of high military commanders deriving benefits from the political regime.796 El Salvador\u2019s insertion into the international capitalist market was made possible towards the end of the 19th century with the production of coffee. In less than 40 years, communal land was eradicated, replaced with private properties concentrated in the hands of a small economic elite. Coffee production becoming the main driver of the economy, all business activities were organized around this product. Naturally, the economic elite who owned the land consolidated power at the expense of the working class that was not able to benefit from the new bonanza, worse still, found itself exploited by the new economic configuration. Angered by the new arrangement, the workers organized themselves into labor associations and started organizing strikes to demand social justice and claim their rights.797 The class confrontation that emerged in the early 1970s disrupted the previous order whereby the Military Junta was still able to broker reformist proposals, while pursuing indiscriminate repressive practices.798 796 Mart\u00edn \u00c1lvarez, A. (2011). De guerrilla a partido pol\u00edtico: El Frente Farabundo Mart\u00ed para la Liberaci\u00f3n Nacional (FMLN). Historia y Pol\u00edtica, 25, 207-233. 797 Gordon, S. (1980). Crisis Pol\u00edtica y Organizaci\u00f3n Popular en El Salvador. Revista Mexicana de Sociolog\u00eda, 42(2), 695-709. 798 Ibid. 286 Divergent views, one purpose Viewing the armed struggle as the only possible way to resolve the political, economic, and social crisis, a large share of the Salvadoran population was drawn into the revolutionary ideology that animated the spirits in the early 1970s. At that time, the various armed insurgencies that would eventually unite under the umbrella of the held a pure Marxist-Leninist ideology. According to Alvarez, this aspiration plainly rejected democracy which, in the views of the insurgency, was geared towards defending the interests of the bourgeoisie. This situation was altered when, in 1980, the and the center-left opposition (FDR) established a strategic alliance and devised a program that promoted a Revolutionary Democratic Government. The program reflected a consensus between guerrillas and the social-democratic and Christian-democratic groups represented in the FDR. Importantly, the program didn\u2019t invoke socialism, reflecting the guerrilla\u2019s need to form the widest possible anti-government coalition which considerably moderated its position. This major shift in ideology was validated in a pact signed in Havana in 1982, in which all five organizations pledged to renounce the dictatorship of the proletariat and accept a democratic path. Whilst reluctantly signed by prominent leader and communist party dissident Cayetano Carpio,799 the document ushered a new ideological orientation within the armed group. This new consensual vision would be further corroborated by the publication in 1989 of an (National Resistance)-prepared document in which the group proposed the elaboration of a pluralist political system with what they described as \u201csome ingredients of democracy\u201d. The document included the groundbreaking statement that it was \"possible to start the social revolution within the framework of the capitalist regime.\" The Salvadoran communists had consented that the end goal of armed struggle would be to achieve a democratic and anti-imperialist revolution, in hope that the process would eventually lead to socialism. In September 1983, the suggested to create a government 799 Carpio was the main instigator of the armed insurgency 287 with broad participation which would include representatives of all the democratic forces. This postulation would become the FMLN\u2019s official proposal ahead of the 1984 elections.800 Aspiring for a better world According to Pe\u00f1a, despite the apparent contradictions, the ideological underpinnings of all the groups that formed part of the sought the same outcome and served the same purpose. Pointing to the apparent contradictions between different organizations she explained, \u201cWe were Marxist-Leninists and Christians from the Liberation Theology. Are these compatible? Yes, they are. They both aspire for a better world.\u201d To Pe\u00f1a, the was a political and a military force that emerged as a result of profound injustices that had built up over the years. The organizations that had merged into the had similar grievances, similar principles and most importantly, a similar idea of the world that they wanted to build. To the former vice-president of the legislative assembly, what united guerrilla members was their opposition to the authoritarian state and that commonality mattered far more than any ideological platform. Despite initially envisaging different solutions to El Salvador\u2019s many problems, by the time the Chapultepec agreement was signed, all members agreed on what was needed, \u2018Democracy, prosperity, and social justice.\u2019 To Pe\u00f1a, these goals coalesced in the peace agreement. As she put it, \u201cOur values are what kept us going. The peace agreement platform became a country platform.\u201d801 When peace negotiations became a viable option, the started contemplating the organization of free and fair elections, the promotion of an independent judiciary, and demilitarization as its main objectives.802 In the context of the negotiations, the made public its \u201cProclamation to the Nation, the Democratic Revolution\u201d (Proclama del a la Naci\u00f3n. La Revoluci\u00f3n Democr\u00e1tica) in which it presented the democratic aspect of the 800 Mart\u00edn \u00c1lvarez, A. (2011). De guerrilla a partido pol\u00edtico: El Frente Farabundo Mart\u00ed para la Liberaci\u00f3n Nacional (FMLN). Historia y Pol\u00edtica, 25, 207-233. 801 Pe\u00f1a, L. (2022). Interview with the author [Interview]. 802 Mart\u00edn \u00c1lvarez, A. (2011). De guerrilla a partido pol\u00edtico: El Frente Farabundo Mart\u00ed para la Liberaci\u00f3n Nacional (FMLN). Historia y Pol\u00edtica, 25, 207-233. 288 revolution. According to the document, this democratic revolution would entail four big changes: the end of militarism, a new social and economic order, national democratization, and the recovery of sovereignty. The document called for concrete measures to promote freedom of expression, an impartial and independent judicial system, a new electoral system, a strong and diverse legislative assembly, respect for human rights, freedom of assembly, and a new Political Constitution reflecting the historic pact sealed by all the forces in the country.803 According to Samayoa, the Chapultepec agreement best represented the ideological consensus that the had reached as it entered the political arena, \u201cIt wasn\u2019t the socialism that some people wanted but a middle solution that everyone agreed on.\u201d804 But while moving the country towards further democratization in a way that was generally agreed on, the Chapultepec accords did not eliminate the ideological disagreements between the components. These disagreements would resurface on several occasions and threaten the very existence of the party. But despite the many internal crises, and for a long time, the political platform of the party would still resonate with many of those who once supported the insurgency. The party could even count on the electoral support of many party dissidents who, while disaffected, still related to the party\u2019s policy priorities. Redressing historical injustices Upon its transformation into a political party, the laid out its thirteen guiding principles in the party statutes. These principles were deeply rooted in the historic injustices that impacted the well-being of the population. They included: (1) the revolutionary humanism of the in which the party explicitly asserted its adherence to the universal declaration of human rights ; (2) the sanctity of the family and the need to defend of its economic, social, cultural, political and spiritual rights; (3) the vocation to serve the interests and wellbeing of the social majorities, this vocation being at the core of FMLN\u2019s transformational mission; (4) the promotion of a democratic-revolutionary ideology for 803 Vilas, C. (1993). Democracia Emergente en Centroam\u00e9rica. Universidad Nacional Aut\u00f3noma de M\u00e9xico. 804 Samayoa, S. (2022). Interview with the author [Interview]. 289 change, stating the party\u2019s unambiguous commitment to the values of democracy; (5) the primacy of civil society as a defender of citizens\u2019 rights and an essential component for substituting military power with civil power; (6) national independence and self- determination as essential components of a true democracy; (7) commitment to national unity and concertation, resorting to consultation methods to resolve social and political differences; (8) commitment to promoting the rights of youth and children, including right to a happy future in social peace as well as right to life, education, and health; (9) commitment to the principle of equity and equality between genders as a fundamental principle in the construction of a real democracy and the socialist society that the aspired to, through creating and applying specific policies, and incorporating gender- sensitive approaches and perspectives in the analysis and interpretation of reality; (10) commitment to rescuing and developing the environment though harmonizing the relationship between human activity and the environment; (11) rescuing and strengthening of the historical and cultural values of the nation, including national identity, Central American unionism, the fight for justice, freedom, sovereignty, democracy, peace, social humanism, and the moral values of Christianity that inspire the majority of the population; (12) international solidarity and Central Americanism including solidarity with the nations of the South in their fight for a new international, economic, social and political order, as well as commitment to integration efforts with central American nations to foster regional development and stability; (13) the promotion of a party that is pluralistic and democratic, with a broad popular base, and based on the defense of the interests of the majority.805 Deeply aligned with the universal values of human rights, these guiding principles typified the \u201cbetter world\u201d that Pe\u00f1a had made reference to. As a ruling party, the FMLN\u2019s policies aimed to address decades of class polarization and social injustices, often reflecting its members\u2019 own experiences. When asked about the party\u2019s ideology, Juan Javier Martinez chuckled and related his own experience, \u201cWhen was a student went to school barefoot was made fun of and bullied. As a public servant needed to make sure all school kids had shoes.\u201d Mart\u00ednez\u2019 reaction clearly highlights the fact that, rather than reflecting a coherent 805 Estatuto del Partido Politico Frente Farabundo Mart\u00ed para la Liberci\u00f3n Nacional, FMLN, (2017). 290 view of the world he wanted to create, his ideology was deeply rooted in his own personal experience. What really counted to him was keeping the focus on the insurrection\u2019s main objectives, those that aimed to address the historic injustices that made people with diverse ideologies coalesce into one powerful movement. Sinn F\u00e9in long history of discrimination The Irish troubles were the culmination of centuries of frustrations dating back to the early twelfth century when Anglo-Norman invasions sought to rule the island. With time, persecution of the native people evolved into systematic discrimination against Irish Catholics, a marginalization that would persist in Northern Ireland until the last decade of the twentieth century. As the British settlers assumed control of the island, they set up a system of governance that unabashedly discriminated against the Irish native people. Irish people\u2019s land was confiscated by English and British settlers, while Catholics \u2013 the vast majority of the population \u2013 were almost completely excluded from political life.806 The British established discriminatory laws and regulations that restricted Irish people\u2019s rights and freedoms. Most famed among those were the Penal Laws restricting Catholics\u2019 social, political, and economic rights. In place between the 17th and early 19th centuries, the Penal laws categorized citizenship rights according to religion. Pursuant to these laws, Catholics were barred from voting, holding public office, owning a land, or teaching; and were fined for absence from the Protestant service prayers. Measures enabling Protestants to seize Catholic possessions or properties - such as estates, farms, horses or wagons - for no, or a nominal fee, were also established.807 The Statute of Kilkeney prevented British settlers from assimilating the Irish culture by preventing intermarriage or alliances with the Irish.808 806 \u00d3 hAdmaill, F. (2020). The Easter Rising (1916) in Ireland and its Historical Context: The Campaign for an Irish Democracy. 807 Cusack, M. A. Penal Laws in Ireland 808 Weston Joyce, P. The Statute of Kilkenny (1318-1377) 291 Some of these measures were revoked towards the end of the 18th century and replaced by regulations that gave more civil liberties, but the new regulations were so restrictive that the vast majority of Catholics couldn\u2019t appreciate their benefits. For example, Catholics were allowed to vote, provided they owned or rented a property worth two pounds or more but were not allowed to sit in Parliament. The British made sure any easing of restrictions was offset by other restrictions that maintained or lowered the percentage of population that is eligible to vote in Parliamentary elections. By 1916, that proportion was estimated at 15% of the population of Ireland. In addition to social, political and economic discrimination, Catholics also suffered verbal harassment. One such example was the \u2018inhumane language\u2019 that they had to endure in the aftermath of the Great Hunger that hit Ireland in 1845. Blaming part of the tragedy on their Catholic laborers, Protestant landlords would accuse them of laziness and lack of adequate planning.809 Gradually, many Catholics would secretly organize and rise in rebellion with the goal of ending British rule in Ireland sustained fight for historic claims In 1979, Sinn F\u00e9in released a publication detailing the social, economic and political dimensions of the party policy. The document detailed Sinn F\u00e9in\u2019s vision of a new Ireland, making it clear that British withdrawal is not an end in itself but rather a mean to better living conditions for the inhabitants of a United Ireland. The publication described SF\u2019s basic principles, referring to the nine principles proclaimed by Patrick Pearse, one of the main leaders of the Easter Rising in 1916, including concepts such as the right to personal freedom and the pursuit of the happiness. The document expanded on those principles and stated SF\u2019s vision of a society based on a democratic system. The new principles included among other things: justice for all; a functioning democracy; an end to economic exploitation; free access to education, medical care and welfare; right to ownership and security of housing; security against arbitrary arrest or detention; equal rights for all irrespective of sex, age or religious convictions; and the promotion of Irish language and Irish culture.810 809 \u00d3 hAdmaill, F. (2020). The Easter Rising (1916) in Ireland and its Historical Context: The Campaign for an Irish Democracy. 810 Sinn F\u00e9in. (1979). \u00c9ire Nua: The Social, Economic, and Political Dimensions. In Web Service. 292 During the peace process, following in the ANC\u2019s footsteps, Gerry Adams suggested the creation of an Irish Freedom Charter formulating the party\u2019s vision of political, economic, social, cultural and human rights. The idea was taken up again in 2004, when Sinn F\u00e9in presented its own Rights for All charter, hoping it would stimulate debate and encourage discussions with the goal of developing a Charter for Rights endorsed by all sections of the Irish society. The Charter presented Sinn F\u00e9in\u2019s modern vision of an inclusive society suggesting proposals dealing with: \u201cEqual rights for all; Democracy, making it representative, accountable and responsive to people's needs; Actively opposing discrimination; Children's rights; People with disabilities reaching their potential; Public services, housing, health care and education; The right to work, employment and trade union rights; The protection of natural resources and the environment; Justice, the judiciary, policing and public safety; as well as Ireland's role, rights and responsibilities internationally.811 political platform prioritizing rights The Charter for Rights called for a truly responsive democracy with equal participation in decision-making processes and access to power, public policies that take into consideration equality, poverty and human rights, and are based on international best practices. It also asked for government accountability, transparency and freedom of information. It spelled out the importance of religious and civil liberty and protection from discrimination on the grounds of race, ethnic origin, nationality, color, gender, sexual orientation, disability, age, social or economic status, marital or family status, residence, language, religion or belief, political or other opinion, trade union membership, or status as a victim. The charter defended the right to be nomadic or sedentary and the right to change from one mode of living to another. Also, the right to be protected from all forms of physical, emotional or mental abuse, inhuman or degrading treatment or punishment, injury or abuse; the right to freedom and security; to bodily and psychological integrity; to freedom of expression, 811 Sinn F\u00e9in. (2004). Rights For All. 293 conscience, religion, thought, belief and opinion; and to freedom of assembly and movement. The document also called for a fair, effective, impartial and accountable judicial system based on the Bill of Rights and the rights outlined in that same charter; the right to access to quality legal representation; and the right to rehabilitation and integration into society. It also asked that policing on the island conforms to the highest standards of human rights, accountability, impartiality, transparency and effectiveness. Children and people with disabilities had each their own sections in the document. Were also included children\u2019s right to be protected from all forms of physical, emotional or mental violence, inhuman or degrading treatment or punishment, neglect, bullying, maltreatment or exploitation, including sexual exploitation or abuse; the right to be heard and consulted; and the right for free education. People with disabilities would have their whole person recognized, their capabilities valued and developed to full potential, and their dignity respected. They would also have the right to make choices about their lives; be protected against all sorts of exploitation; and the right to a poverty-free life with equal access and equal participation in education, employment, and training. Social and economic rights are also spelled out, including protection against systematic and institutional discrimination against any section of the population living on the island of Ireland, and the government\u2019s duties and responsibilities to take proactive and affirmative actions to ensure that individuals enjoy equal opportunities. Free access to healthcare and education; the right to work in safe conditions; the right to form and join trade unions; the right to housing would also be guaranteed. The government would have the obligation to provide universal public services and make them easily accessible. Finally, the charter calls for a just peace, cordial community relations based on mutual respect, and affirms Ireland\u2019s commitment to a work towards greater global political and economic equality.812 More recently, in its 2022 assembly election manifesto, Sinn F\u00e9in explicitly called for social inclusion, and gender equality. It also requested legislation to combat hate crime and bring \u2018justice and redress for victims and survivors of intuitional abuse\u2019. Compliance with the Bill of Rights is also listed amongst the parties\u2019 top priorities.813 812 Ibid. 813 Sinn F\u00e9in. (2022). Assembly Election 2022, Sinn F\u00e9in Manifesto content/uploads/2022/04/A4_MANIFESTOenglish.pdf 294 vivid memory of deprivation The decades of \u2018troubles\u2019 that concluded with the signature of the Good Friday Agreement would leave long-lasting impressions in the Catholic community\u2019s collective memory. As \u00d3 hAdhmaill reported, even if the socio-economic conditions of the Irish Catholics dramatically improved in Northern Ireland over the past few decades, the memory of past abuses is still very much alive as \u2018the rich are just one generation away from poverty\u2019.814 These lingering frustrations, anchored in centuries of inequity and segregation keep resurfacing as the party defines priorities and designs policies. The hardships generated anger and resentment that produced moral commitments that persisted throughout the troubles and remained in effect after peace was signed. While Sinn F\u00e9in\u2019s ideology fluctuated over the years, the party\u2019s moral commitments remained unchanged. Manifestly consistent with the precepts of democracy as define them in this thesis, these moral commitments invariably guided the party in its attempts to address all forms of inequalities. To Sinn F\u00e9in, the values that germinated from the group\u2019s historical memory are the motivation behind their policies and their calls for greater social, political, and economic rights deeply-rooted fight for freedom The Lebanese Forces are overwhelmingly Christian/Maronite in their composition. The Maronite community\u2019s origins can be traced to St Maron, a hermit who lived in fourth century Syria and whose piousness attracted many followers.815 Towards the end of the eighth century, harassed by Arab incursions, the Maronites deserted the plains of Antioch 814 \u00d3 hAdhmaill, F. (2019). Author's interview with F\u00e9ilim \u00d3 hAdhmaill [Interview]. 815 Ristelhueber, R. (1915). Les Maronites. Revue des Deux Mondes (1829-1971); Sixi\u00e8me P\u00e9riode, 25(2), 187-215. 295 where they had settled since their founding and found refuge in the mountain region in the north of what is present day Lebanon. Vulnerable to frequent attacks from brigands, this small community of peasants mitigated the threat of violence by building churches like small fortresses aimed at providing refuge for fleeing villagers.816 Confined in the Lebanese mountains, the Maronites formed a nucleus of what could be considered a relatively independent nation. Sheltered by their steep, fortified mountains, Maronites were able to resist periodic assaults and Arab conquests relatively successfully. Despite being pressured to submit to their conquerors on few occasions, the resilient mountainous community was nevertheless able to retain a good level of autonomy. For centuries, under the protection of its clergy and large landholders, the Maronite community organized itself in an autonomous feudal system in quasi-isolation from the rest of the region. The threat posed by constant attacks, pushed big landowners to devise defense strategies and organize their peasants in militias strong enough to defend their land against the recurrent Muslim conquests. Devoted to their faith, traditions, and relative freedom, Maronites led an inward-looking life, almost impervious to external influences. The Maronites\u2019 preeminence in the mountain was challenged in the early 17th century when the ambitious Druze leader Fakhreddine, imposed his leadership on the mountain. Fakhreddine\u2019s affinity for Christians however enkindled a congenial collaboration as he surrounded himself with Christian advisors, treating them as equal partners in governance practices. This collaboration ushered an era of political unity between Druze and Maronites. Over the course of the eighteenth century, the Maronites consolidated their influence in the mountains of Lebanon and further spread their presence from the North to the Keserouan and Metn districts. Having become the official champions of Catholicism in Syria, the Maronites also strengthened their ties to Rome who officially recognized the Maronite church in 1736. Lebanon became a magnet for Catholics and particularly French missionaries who flocked to Lebanon to establish schools and diffuse the French language.817 816 Aulas, M.-C. (1985). The Socio-Ideological Development of the Maronite Community. The Emergence of the Phalanges and the Lebanese Forces 817 Ristelhueber, R. (1915). Les Maronites. Revue des Deux Mondes (1829-1971); Sixi\u00e8me P\u00e9riode, 25(2), 187-215. 296 The brittle foundations of a long-awaited nation By the time World War ended, France had become the official protector of the Lebanese Christians. In the 1920s, as the main European victors of World War I, Great Britain and France divided most of the Arab lands under the rule of the Ottoman Empire with present- day Lebanon falling under the French sphere of influence. Anxious to preserve their centuries old autonomy, Maronite Christians lobbied the French for the establishment of a viable state that would ensure their survival as a sovereign nation. Acquiescing to their demand, the French created present-day Lebanon which included the area that traditionally fell under the Maronites\u2019 control and other Muslim-dominated port cities and agricultural regions that would make the state economically viable. At the time of its creation, Lebanon was built upon a political compromise between Maronite Christians (slightly majoritarian) and Sunni Muslims most of whom longed for a wider Syrian or Arab nation and were rather reluctant to the idea of an independent Lebanon. This unwritten National Pact defined Lebanon as a state that identified as Arab but that would never become part of Syria or any other Arab state. Upon independence in 1945, Muslim grievances came to the surface as they felt that the settlement that the National Pact was built upon had failed to address their concerns. The compromise that underpinned the National Pact had reserved government positions for members of specific sects. While the powerful position of president was offered to the Maronite Christians, Sunni and Chii Muslims received the much weaker positions of Prime Minister and speaker of parliament. As Lebanon was getting ready to embark on an independent journey, the Lebanese Muslims were growing more frustrated with the arrangement that established their nascent nation.818 Resting on a fragile arrangement, Lebanon\u2019s frail composure was shaken again in 1956 as the spirit of Arab nationalism captivated the Arab world with Jamal Abdel Nasser\u2019s altercation with Western forces and his call for Arab unity. Growing tensions between 818 Malley, M. (2018). The Lebanese Civil War and the Taif Accord: Conflict and Compromise Engendered by Institutionalized Sectarianism. The History Teacher, 52(1), 121-159. 297 Muslims and Christians were revived when the Lebanese government reaffirmed its strong ties to the West and accepted the Eisenhower Doctrine in March 1957. Foreign Minister Charles Malik -who would subsequently turn to be the intellectual mentor of the Lebanese Forces- viewed pan-Arabism as a great threat to Lebanese sovereignty. Malik became the driving force behind Lebanon\u2019s opposition to the idea of Arab nationalism and the country\u2019s ensuing alignment with the United States.819 The Christians\u2019 inclination to turn to the West was in keeping with their historical alignments, and reflected their deep-rooted obsession with preserving their vulnerable autonomy, repeatedly threatened over many centuries by Muslim incursions. Fear of suppression resurfacing yet again It is no surprise that, when the Palestinian Liberation Organization\u2019s (PLO) armed and political presence in Lebanon started to gain momentum with growing Sunni Muslim sympathies, the Christian bloc found itself in a state of extreme wariness. Against a background of growing social and political disagreements, Palestinians\u2019 frequent militarized operations in Lebanon sparked tensions that would lead Christian militias to confront the Palestinian armed factions and their Lebanese allies forthrightly. Much ink has been spilled on the Lebanese civil war and it is not my aim to evaluate neither the rationale behind, nor the impact of a war that has generated many antipodal feelings, both arguably valid in a number of ways. Rather would like to highlight the position of the Christian militias that would later unite under the banner of the Lebanese Forces, as they confronted what they perceived as yet another threat to their national sovereignty. For centuries, the Maronite community held the line, fighting to protect its autonomy in the midst of what was perceived as hostile environments. This looming attack was no different. Once again sovereignty was at stake, only this time, the mountainous community that had prized its autonomy and was able to preserve it over many centuries had created a nation with its own government and wasn\u2019t ready to let go. According to Baraghid, when the 819 Sorby, K. (2000). Lebanon: the Crisis of 1958. Asian and African Studies, 9(1), 76-109. 298 Lebanese Forces chose the military path, it was to defend the \u2018Lebanese identity\u2019. As he put it, \u201cIt was a matter of survival.\u201d820 To the Lebanese Forces, sovereignty is the foundational principle their existence. The head of the media department explained that to this day, the party considers that the very existence of the Lebanese nation is endangered. According to Jabbour, the party\u2019s core mission is precisely to mitigate that danger.821 Staunch supporters of a strong state, able to defend its citizens against imminent perils, the Lebanese Forces fiercely defend the idea that the monopoly of arms should be vested in the Lebanese Armed Forces so no other groups are compelled -or even tempted- to take over the defense of the country on behalf of government authorities. Based upon fears of suppression and subjugation, the Maronite community\u2019s history take root in the LF\u2019s innermost apprehensions, generating anxiety about loss of rights, freedom, and sovereignty. Those fears would remain constant throughout LF\u2019s history and would often transpire in policies, speeches and advocacies. Ubiquitous in anthem, songs, and slogans, the concepts of rights, freedom, and sovereignty drive the party\u2019s movements and projects. The Universal Declaration of Human Rights and the party: a strong linkage According to Snider, when the Lebanese Forces emerged as an armed group, they came forward as a progressive group with idealistic views of civil service, which they believed should be carried out exclusively in the interest of citizenry. While the armed resistance didn\u2019t develop a doctrine of its own, in 1977 the group\u2019s political wing, the National Front, outlined its national strategy in a National Charter. The document spelled out a set of guidelines reflecting the group\u2019s core beliefs and basic requirements. Among other things, the charter insisted upon LF\u2019s attachment to Lebanon\u2019s distinctive characteristics (i.e., its republican, democratic, parliamentary, pluralist, free and open society), and the Christian community\u2019s desire to promote equality at all levels for all Lebanese communities. The Lebanese Front\u2019s position on democracy, pluralism, and freedom established the group\u2019s commitment, since its creation, to the ethos of democracy and democratic governance. 820 Baraghid, E. (2019). Author's interview with Baraghid [Interview]. 821 Jabbour, C. (2019). Author's interview with Charles Jabbour [Interview]. 299 Throughout the war and despite vicissitudes that followed the peace settlement, the language of the charter and the views of the founding fathers were to remain at the core of the Lebanese Forces\u2019 credo and to this day, they still reflect the party\u2019s views of how the Lebanese nation should be like. While announcing parliament candidate nominations in February 2022, the head of the Lebanese Forces Party, Samir Geagea declared that the is expected to manifest traits of sacrifice, devotion, and commitment to freedom. Geagea was referring to Charles Malik\u2019s teaching, one the pioneers of the Lebanese Front, the political wing of the Lebanese Forces armed resistance.822 Malik - not a Maronite himself - believed that Maronites were bound to give back what the land had bestowed upon them over the centuries. They were expected to safeguard and preserve personal freedom above everything else. In Malik\u2019s own words: \u201cMaronites may indulge in anything or negotiate anything except existential personal freedoms, which alone can provide both the plurality of their heritage and their peaceful and ingenious interaction.\u201d823 politician, diplomat, and philosopher, Malik was a major ideological force in the Lebanese Front. Malik\u2019s philosophy was to become an inherent element of the wartime and post-war political orientation, and remains an integral part of the party\u2019s political education curriculum.824 world-renowned figure, Charles Malik was none other than one of the main architects of the Universal Declaration of Human Rights prominent participant in the drafting of the in 1948, he is remembered as one of the most authoritative contributors to the brainstorming sessions. According to Mitoma, Malik had a \u201cDecisive influence whether in shaping the specific language of any number of articles or in shepherding the Declaration through the polarized Cold War bureaucracy of the United Nations.\u201d It is noteworthy that Malik joined the U.N. commission not as a political representative of the Lebanese government but as a scholar. The trained philosopher is credited for playing a crucial role in the drafting of Article 1 of the UDHR: \u201cAll men are born free and equal in dignity and rights; they are endowed with reason and 822 Al Minbar. (2022). What did Geagea mean about Charles Malik's Maronite thinking? \ufee3\ufe8e\u0630\u0627 \ufed7\ufebb\u062f \ufe9f\ufecc\ufe9f\ufeca \ufecb\u0646 \ufee3\ufe8e\u0631\u0648\ufee7\ufbfe\ufe94 \ufeb7\ufe8e\u0631\u0644 \ufee3\ufe8e\ufedf\u0643 . 823 Malik, C. (1974-1980). Charles Malik's Letters to the Maronites. In. 824 Political Training Unit. Summary of the book Two Letters to the Maronites by Charles Malik. In. 300 conscience and should act towards one another in a spirit of brotherhood.\u201d Malik is also remembered for his foundational role in the two articles that guarantee the right to \u201cchange religion or belief,\u201d and prohibit coercion in matters of faith and belief in the and respectively.825 Malik\u2019s connection to the Lebanese Forces cannot be overlooked as we examine the former armed group\u2019s guiding principles. The pundit believed that Maronites, which represented the majority of members, were meant to epitomize the fight for personal freedoms and the promotion of human rights in Lebanon. He often reminded Maronites of their historic role and mission in the Middle East, which is to carry that torch and uphold the values of openness, creativity and freedom.826 Explicitly referring to Malik\u2019s ideology, the Political Educational Curriculum, states the party\u2019s deep commitment to the Universal Declaration of Human Rights, and all international laws and agreements that relate to private and public human rights. These obligations, considered central to the core values, are also referenced in the bylaws and a number of academic papers that were issued by the party. For example, in its Who Are We and What do We Want manual, the Lebanese Forces binds itself to preserve, strengthen and reinforce freedom and human dignity, and support any individual whose freedom and dignity are being endangered or violated. The document also unambiguously declares its non-sectarianism and openness to any Lebanese individual who aspires to the same ideals as those professed by the party.827 These affirmations, along with Geagea\u2019s recent statement, testify to the influence of Malik\u2019s views on the party. An outlook that is deeply anchored in the universal principles of human rights. 825 Mitoma, G. (2010). Charles H. Malik and Human Rights: Notes on a biography. Biography, 33(1), 222-241. 826 Political Training Unit. Summary of the book Two Letters to the Maronites by Charles Malik. In. 827 Political Education Curriculum. The Lebanese Forces: Who are we and what do we want? In: The Lebanese Forces. 301 thorough review of these groups\u2019 wartime values shows that, despite adapting their ideologies to fit the needs of the post-war context, as political parties, these groups remained devoted to the moral commitments that triggered, accompanied, or were shaped by their armed struggles. The experiences of armed mobilization and the engagement in peace talks sometimes created contexts to which these parties had to adapt, moderating or altering their ideologies to meet the requirements of the moment. Nevertheless, as these parties embarked on their political journeys, their wartime value system remained at the center of their political fights, and was clearly reflected in their legislative and advocacy projects. In the post-war context, and despite their wide differences, the four parties studied shared many traits and fought for similar objectives, chiefly, basic social and human rights, equal rights, peace, sovereignty, independent judiciary, personal freedoms, and human dignity. Other similar cases might provide a useful insight into the nature of that common denominator. The serves as one of many examples of political parties that were not able to sustain the advances that resulted from the peace settlement. The party\u2019s weak commitment to democratic practices led to little achievements as it succumbed to renewed violence and ethnic clashes.828 Yet, much like most of the cases under review, the party emerged after the signature of a peace agreement that, while not explicitly solving the grievances between warring parties, was able to halt the fighting and prepare the ground for a true transformation.829 But according to Young, the transition from a military to a political focus hardly ever happened.830 In Young\u2019s view, SPLM\u2019s fixation on self-determination hampered its post postwar transformation into a credible democratic political player. This argument left us wondering why, against the same background, Sinn F\u00e9in\u2019s obsession with a United Ireland unfolded into a distinct postwar behavior and didn\u2019t handicap its political 828 Castillejo, C. (2016). The Role of Ex-Rebel Parties in Building Peace. 829 De Alessi, B. (2012). The War to Peace Transition of the into the during the implementation of the Sudan's Comprehensive Peace Agreement SOAS, University of London]. 830 Young, J. (2007). Sudan: The Incomplete Transition form the to the SPLM. Lynne Rienner Publishers 302 behavior after the guns fell silent. While not abandoning the goal of a United Ireland, Sinn F\u00e9in was able to integrate the Irish political realm with no return to arms and with a clear commitment to democratic values. Sinn F\u00e9in\u2019s postwar experience reflected the party\u2019s historic values, values that were perhaps lacking in the Sudanese party M-19 Lack of rights and freedom Secure equality of rights Participated in the drafting of a constitution that consecrated human rights -Lack of rights and freedom -Social inequality and unfair land distribution Secure equality of rights Designed policies and drafted legislation that promoted justice and human rights F\u00c9IN -Sectarian discrimination -Lack of rights and freedom Secure equality of rights Designed policies and drafted legislation that promoted equality and human rights Fear of subjugation Preserve freedom and individual rights Designed policies and drafted legislation that promoted individual freedoms and human rights Figure 9: Political parties core values 303 6 The political life spans of the four parties studied vary considerably spanning from 4 years in the case of the M-19 to 118 as regards Sinn F\u00e9in; the Lebanese Forces and the having just celebrated three decades of non-armed political participation. But while these parties\u2019 duration in time greatly differs, the longevity of their political heritage is largely comparable through the important changes that they helped bring about. After enjoying a blaze of glory, the M-19 and the suffered massive setbacks but left momentous national footprints. Having evolved in an opposite manner -growing increasingly important over the years- The Lebanese Forces and Sinn F\u00e9in\u2019s legacies are still in the making. This chapter will present the political heritage and contemporary developments of these movements while introducing a new comparative perspective between the electoral defeats of M-19 and the FMLN, and the opposite experiences of Sinn F\u00e9in and the Lebanese Forces While the promising prospects of the M-19\u2019s initial success vanished in a relatively short period of time, the FMLN\u2019s gradual electoral rise was crowned with success with the victorious election of its presidential candidate in 2009. Yet, in both cases, missteps eroded confidence and led to an eventual setback. Many justifications are offered to explain the defeats. In the case of the M-19, former party members ascribe responsibility to misinterpretations of the initial victories, party heterogeneity, lack of experience, and absence of party discipline. In El Salvador, many argue that, as a ruling party, the failed to bring about the long-awaited changes that it was entrusted with, falling short of 304 addressing the root causes of the country\u2019s real problems. Both and M-19 leaders were also accused of betraying their campaign promises and compromising their values to achieve personal goals M-19 The M-19\u2019s 1994 electoral defeat profoundly shook the political scene and led to much speculation as to the causes of the setback. To former party members, a number of reasons explain the reverse of fortune. Among those cited were the failure to build a solid institution; wrong party messaging; poor electoral choices; erroneous interpretation of initial victories; a troubled environment; and party heterogeneity. Failure to build a solid institution Growing nebulous and exhilarated by the initial success M-19 party leaders didn\u2019t realize the importance of getting organized, mistakenly believing that the favorable electoral results of 1990 represented a permanent trend. Little time was invested in devising a vision and formulating a program, and even less energy was devoted to building a cohesive organization with an integrated approach. According to Pabon, after peace was sealed, guerrilla members, bewildered by their initial victory, lost sight of the ideological commitments that had driven the armed struggle.831 Moreover, with the assassination of Carlos Pizarro, the former guerrilla had also lost an inspirational leader who commanded authority and had the potential to lead a successful war-to-peace transition. Wrong party messaging In hindsight, many interviewees also laid blame on the party\u2019s inability to craft the right campaigning messages. According to Franco, by overstating the peace agreement, the party was fixated on the wrong issue and ignored much more pressing matters that carried greater 831 Pabon, R. (2018). Author's interview with Rosemberg Pabon [Interview]. 305 significance at that point in time. The peace rhetoric that former guerilla members obsessed about diverted attention from the real problems that the nation was facing and that voters were really concerned with.832 But talking about peace in Colombia also lacked accuracy. While the government had succeeded in sealing several agreements with a number of small guerrillas, peace was far from settled since many armed groups remained active after 1990. Poor electoral choices Despite a slight decline in approval ratings, prior to the 1994 elections, the party\u2019s popularity was deemed respectable. But the party\u2019s decision to participate in the wasp operation squandered its electoral potential and benefited the party\u2019s political opponents. According to Navarro who presided the party at that juncture, the election results -no senate seat, and only one candidate elected to the chamber of representatives- largely underrepresented the party\u2019s popularity at that point in time, estimated at 20 percent of voting intention.833 Despite being aware of the dangers of the wasp operation, Navarro had refused to impose his views on party candidates. Undoubtedly, Navarro\u2019s conciliatory approach and inability to adjudicate on issues that divided the party, vastly contributed to the party\u2019s poor electoral performance. Erroneous interpretation of initial victories Without any doubt, given Colombia\u2019s political history, the circumstances leading to the 1990 elections were rather exceptional. The hype of the Constituent Assembly and the political context of the elections, created by an extraordinary situation, had distorted reality and confused the issues to the advantage of the M-19. An exceptionally low turnout had also worked in the new party\u2019s favor. The 1990 elections had witnessed an abstention rate that exceeded 73 percent, the highest in 30 years, with only 26 percent of registered electors exercising their right to vote.834 832 Franco, C. (2018). Author's interview with Carlos Franco [Interview]. 833 Navarro, A. (2018). Author's interview with Antonio Navarro [Interview]. 834 Echeverry Campuzano, A. M., & Ram\u00edrez Bacca, R. (2014). Proceso constituyente and asamblea nacional 1991. Representaciones sobre la paz en la prensa. Escrita a partir de voz. La verdad del pueblo. Folios Revista De La Facultad De Comunicaciones, 2014, 30. 306 Troubled environment and party heterogeneity Finally, yet importantly, during the M-19\u2019s first years in politics, an increase in combat levels created a troubled environment. Between 1989 and 1993, combat fatalities for armed forces and guerrillas had risen from 669 to 1,573,835 exposing the party to the wrath of armed adversaries who resented the former guerrilla\u2019s new role in legality. Fearing reprisals and seeking protection, the movement rallied political figures from all across the political spectrum including some that originated from traditional parties, a mixture that ultimately undermined the image of the organization.836 But despite the electoral collapse, the M-19\u2019s experience transformed the social and political configuration of Colombia marking the beginning of a new era where the political left would play an increasingly important role on the political battlefield. Twenty-eight years after the 1994 electoral defeat, former M-19 guerrilla fighter Gustavo Petro was elected president of Colombia, becoming the country\u2019s first leftist head of state. Petro\u2019s rise to the presidency was nothing less than historic The FMLN\u2019s access to power 17 years after its transformation into a political party, was hailed as a shining example of a successful war-to-peace conversion. But despite the party\u2019s impressive trajectory, the suffered a severe electoral defeat in the 2019 presidential elections. Embroiled in a number of controversies and accused of omissions and wrongdoings, the leadership gradually lost credibility leading the party to its massive downfall. 835 Richani, N. (2002). The Military and the Comfortable Impasse. In i series (Ed.), Systems of Violence: The Political Economy of War and Peace in Colombia (Second Edition). 836 Villamizar, D. (2017b). Interview with the author [Interview]. 307 FMLN\u2019s early days in civil life were rough. Nowhere was this more evident than in 1993, when the Truth Commission determined that party leaders were responsible for grave human rights violations and recommended they be banned from exercising public functions for a period of ten years minimum.837 In addition, the accidental explosion of an arms cache in Nicaragua in 1993 exposed FMLN\u2019s noncompliance with the implementation process, and almost costed the party its participation in the 1994 elections.838 few years later, evidence emerged that former guerrilla members with links to the party, were involved in the kidnappings of two wealthy Salvadorans further undermining the party\u2019s credibility.839 But as the gradually moved away from trouble, it successfully incorporated the political system, making its way to highest office in the nation. As a ruling party, despite the numerous achievements policies attracted great criticism. The party\u2019s inability to address the public security crisis, gang violence and delinquency didn\u2019t go unnoticed. According to a United Nations Human Rights (UNHR) report, in 2015 homicide rate in El Salvador was the highest in the world, and gender-based violence and femicide rates had reached epidemic proportions. According to the same report, and despite important efforts to provide justice to victims of past human rights violations, serious legal obstacles to the investigation and prosecution of those violations remained. The involvement of the national army in law enforcement operations was also a matter of concern.840 The FMLN\u2019s judicial handling of the amnesty law that human rights groups constantly tried to revoke, cast doubts on the real impact of the many improvements that the party had brought to the judiciary.841 The party\u2019s social and economic policies were often 837 Sprenkels, R. (2011). Roberto d'Aubuisson vs Schafik Handal: Militancy, Memory Work and Human Rights. European Review of Latin American and Caribbean Studies, 91, 15-30. 838 Call, C. (2002). Assessing El Salvador's Transition from Civil War to Peace. In S. J. Stedman, D. Rothchild, & E. Cousens (Eds.), Ending Civil Wars: The Implementation of Peace Agreements Lynne Rienner Press. 839 Sprenkels, R. (2011). Roberto d'Aubuisson vs Schafik Handal: Militancy, Memory Work and Human Rights. European Review of Latin American and Caribbean Studies, 91, 15-30. 840 United Nations Human Rights Office of the High Commissioner (OHCHR). (2018). Human Rights Committee review report of El Salvador. 841 Kurtenbach, S. (2018). Judicial Reform Neglected Dimension of in El Salvador 308 seen as deceptive and concealing a persisting and pervasive poverty.842 The much touted educational programs were also criticized as misleading, offering poverty alleviation measures but failing to improve the quality of education.843 Undoubtedly, a number of elements worked to the FMLN\u2019s disadvantage. The party\u2019s lack of a legislative majority, El Salvador\u2019s shortage of natural resources, and hostility from a right-wing judiciary also constrained the government and hindered progress.844 Lastly, accusations of greed and corruption gradually damaged the party image and drew voters away.845 According to Kurtenbach, a system of \u201celite accommodation\u201d had developed between the and right- wing ARENA, both parties finding a common interest in preserving institutional policies and behaviors.846 By the time S\u00e1nchez Cer\u00e9n took office, the excitement and expectations that had propelled FMLN\u2019s first period in government had faded away and the new president was met more skepticism. Voters\u2019 dissatisfaction was reflected in the 2018 legislative and municipal elections when huge losses for the benefited right-wing ARENA. In 2019, the electors that once voted for the \u2018four letters' for lack of a better option, were presented with another alternative young attractive leftist candidate that once ran as an candidate but had drifted away from the party, offered an alternate solution and was elected to the presidency in February 2019.847 The election of Nayib Bukele crystallized people\u2019s discontent, sounding the death knell of the whose candidate had won a mere 14% amidst high abstention. But the innumerable programs and policies that the put in place to advance human rights and promote social equity introduced long-lasting changes that drastically transformed a country where violence, violation of human rights and impunity prevailed. 842 Ca\u00f1as, R. (2018). Interview with the author [Interview]. 843 Mart\u00ednez, A. G. (2018b). Interview with the author [Interview]. , Samayoa, S. (2018b). Interview with the author [Interview]. 844 Young, K. A. (2019). El Salvador's and the Constraints on Leftist Government 845 Mart\u00ednez, A. G. (2018b). Interview with the author [Interview]. 846 Kurtenbach, S. (2018). Judicial Reform Neglected Dimension of in El Salvador 847 Young, K. A. (2019). El Salvador's and the Constraints on Leftist Government 309 F\u00c9IN F\u00c9IN Over the past few decades, Sinn F\u00e9in\u2019s popularity witnessed a steady growth both North and South of Ireland. In the North, despite sharing the nationalist votes with the SDLP, Sinn F\u00e9in enjoys an undisputable popularity in many areas including Belfast, Tyrone, Derry, Fermanagh, and Armagh.848 Despite a more competitive environment, Sinn F\u00e9in was also recently able to shake the Irish Republic\u2019s political establishment, winning more first preference votes than any of the parties that had dominated Irish politics since 1932.849 Deep-rooted, Sinn Fein\u2019s popularity in the North is largely a result of the population\u2019s appreciation for the innumerable sacrifices made over centuries to defend the republican cause. According to \u00d3 hAdhmaill, Sinn F\u00e9in\u2019s standing in the North is almost taken for granted. As he described it, \u201cIn West Belfast, if you put a monkey for elections and said that this person represented Sinn F\u00e9in, more than likely, people will vote for that monkey.\u201d The party\u2019s leftist policies, embraced by the working class -who enthusiastically welcomed Sinn F\u00e9in\u2019s more radical positions- further contributed the party\u2019s popularity. As \u00d3 hAdhmaill wryly remarked, \u201cWhen the vote for Sinn F\u00e9in goes down it is not because they are viewed as being too extreme or too radical but it is because they\u2019re seen as being not radical enough.\u201d850 While consistent in the North, the party\u2019s popularity in the South was less predictable. Competing against parties that were also involved in the national liberation struggle, Sinn F\u00e9in\u2019s nationalist zeal in the Republic was less impressive.851 Broadcasting Act in effect 848 MacDonncha, M. (2019). Author's interview with Miche\u00e1l Mac Donncha [Interview]. 849 BBC. (2020). Irish General Election: Sinn F\u00e9in celebrate historic result In. 850 \u00d3 hAdhmaill, F. (2019). Author's interview with F\u00e9ilim \u00d3 hAdhmaill [Interview]. 851 Ibid. 310 until 1994, as well as a general media bias against Sinn F\u00e9in, impacted voters\u2019 perceptions of the party for at least two generations. With the lifting of the ban, the party was finally able to present a new image associated with peace, human rights, and social justice.852 Sinn F\u00e9in\u2019s \u2018economic justice for all\u2019 trademark, and its endorsement of the cause of the underprivileged also gained it the support of an important section of the population.853 The party\u2019s increase in popularity was also the result of an overwhelming support of a large section of the Irish youth who, unlike previous generations, didn\u2019t have a living memory of the troubles and was willing to accept the new image that the party aimed to project.854 Lastly, the end of the armed conflict had also reconciled many hesitant supporters with a party they liked but were reluctant to join because of its links to the IRA.855 With a revamped image, party leaders were now able to appeal to young men and women disconnected from the conflict and willing to see in them the peace-seeking statesmen/women, rather than the fighters tainted by the war years.856 This image transformation was reflected in Sinn F\u00e9in\u2019s steady increase in the election results, and the constant growth of the number of people declaring their intention to vote for the party.857 In recent years, Sinn F\u00e9in was also able to extend its electorate to a more economically and geographically diverse voter base to include middle-class and rural areas supporters.858 In addition, as the class structure evolved to include more middle and upper middle-class voters, low electoral turnout -a real obstacle to Sinn F\u00e9in\u2019s electoral performance in the past- was gradually reversed with more constituents willing to exercise their right to vote. The new voters also included traditional Sinn F\u00e9in supporters such as manual and lower paid workers, a section that was previously viewed as less likely to vote, but that was turned into 852 MacDonncha, M. (2019). Author's interview with Miche\u00e1l Mac Donncha [Interview]. 853 \u00d3 hAdhmaill, F. (2019). Author's interview with F\u00e9ilim \u00d3 hAdhmaill [Interview]. 854 Agnew, R. (2020). Can Sinn F\u00e9in's young voters finally pull Ireland to the left? . The Guardian. left-election-ira 855 Walsh, S. (2017). Author's interview with Seanna Walsh [Interview]. 856 Resilience.org. (2020). The Rise of Sinn Fein: Ireland's Bernie moment. 857 Maillot, A. s. (2005). The new Sinn F\u00e9in : Irish republicanism in the twenty-first century. Routledge. 858 Gibney, J. (2019). Author's interview with Jim Gibney [Interview]. 311 a more politically engaged constituency.859 Sinn F\u00e9in\u2019s historic win in the February 2020 Irish general election marked a turning point in the party\u2019s history coming as a surprise to many and astonishing even the party itself. In a giant leap into mainstream politics the party\u2019s electoral success was perceived as a harbinger of change in the Republic\u2019s political landscape.860 Sinn F\u00e9in is credited for championing human rights and social equity, fighting discrimination, and giving a voice to the underprivileged After a 15-year ban on its political activities, the Lebanese Forces resurfaced with strength, equipped with a solid institution, and a remarkable capacity to appeal to voters and challenge its political foes. Fully embracing the fundamental principles of democracy, the party worked on radically transforming its image, and asserted itself as a major player on the national political arena. In a country where many political parties carry an armed history, the transformation was meant to be less outstanding than in the other three cases. But the Lebanese Forces\u2019 exceptionally difficult transition from arms to politics proved to be way more challenging than in the other instances. Upon its transformation into political party, the was dissolved and banned from any political activities, with its leader arrested and imprisoned for 11 years. After more than a decade of ostracism, the Lebanese Forces reemerged and gradually reconstructed itself becoming the fastest-growing party in Lebanon. Today, the party prides itself with unequivocal commitment to peaceful democracy, and a well-structured and highly cohesive organization. The Lebanese Forces\u2019 earnest political engagement gradually translated into more seats in parliament and a well-recognized regional and international posture. Fully committed to 859 \u00d3 hAdhmaill, F. (2019). Author's interview with F\u00e9ilim \u00d3 hAdhmaill [Interview]. 860 The Guardian. (2020). Sinn F\u00e9in declares victory in Irish General Election. The Guardian. election 312 peace, the party devised a program that prioritized sovereignty, economic prosperity and the fight against corruption. In the 2018 and 2022 parliamentary elections, the electorate responded favorably to these engagements. Experiencing the largest change in number of seats in 2018, the Lebanese Forces nearly doubled its presence in parliament. Broadening its geographic reach, LF\u2019s bloc presence extended to four more districts than in previous elections, expanding east into Baalbek-Hermel and securing seats in multiple Mount Lebanon districts.861 In the 2022 elections, the Lebanese Forces\u2019 share in parliament further expanded, adding six additional seats. The party\u2019s message, mainly calling for the disarmament of Lebanon\u2019s powerful Hezbollah party resonated with many voters, earning it 19 seats, up from 15 in the 2018 vote, and making it the largest single party in parliament.862 Despite a sharp improvement in its political standing, the Lebanese Forces faces fierce political opposition, primarily from the armed Hezbollah party and the Free Patriotic Movement. And while it is not unusual for Lebanese parties to have been involved in violence during the war, the Lebanese Forces\u2019 violent past and its ingrained sectarian image heavily haunt the party\u2019s postwar political life. In October 2021, after deadly clashes erupted near a protest in the Beirut area, the Lebanese Forces were accused of shooting Hezbollah supporters and killing seven people. Despite strongly denying the accusations, the armed resistance\u2019s past involvement in the bloody sectarian war made the allegations look plausible, even if they didn\u2019t fully convince supporters who showed up in big numbers at election time. Centered around a message of sovereignty, the Lebanese Forces imposed itself as the guarantor of a state free from corruption, clientelism, and private interests. Also asserting its presence in the global arena, the Lebanese Forces became a major player, gaining recognition at the regional and international levels. Engaging with civil society 861 Atallah, S., & Zoughaib, S. (2019 Snapshot of Parliamentary Election Results. 862 Gavlak, D. (2022). Lebanon's New Parliament Faces Problem of Hezbollah's Weapons. voanews.com. hezbollah-s-weapons-/6586948.html 313 members of parliaments helped shape the national agenda in favor of human, women, and children\u2019s rights also sought to promote transparency, and adopted a language of reconciliation and national unity M-19 TRAILBLAZER? To this date, the evolution of the M-19 is subject to theoretical debate. While many consider the party extinct, others would argue otherwise, claiming that the party\u2019s legacy remains alive. Amongst former supporters, the M-19 is widely perceived as having mutated into different expressions and produced prominent leaders that played and continue to play instrumental roles on the national political scene. According to Navarro, the party never disappeared but underwent change of names several times, and still lives on through the Alianza Verde (a center-left political party). As it happens, the Alianza Verde has the same legal status as the M-19\u2019s. In fact, when the party disintegrated following the 1994 elections, the M-19 didn\u2019t relinquish its legal identity, and that same legal identity was harnessed by the party successors. Navarro reported that the movement that was initially created under the banner of the Alianza Democr\u00e1tica survived with the same 1990 legal status under three different names: Opci\u00f3n Centro [Center Option], Partido Verde [Green Party] and Alianza Verde [Green Alliance]. To Navarro, this wasn\u2019t necessarily planned but was rather the result of an unorderly dispersal. He explained, \u201cWe never decided to terminate the party, the disintegration of the party was the result of individual decisions. Some people left, others, more stubborn, or more consistent, remained and that\u2019s how the legal status survived...\u201d863 After the party disbanded, many former members joined other leftist parties such as El Polo Democr\u00e1tico Alternativo [the alternative 863 Navarro, A. (2018). Author's interview with Antonio Navarro [Interview]. 314 democratic pole] or -after that party faced its own crisis- the Partido Verde [green party] or other movements or coalitions.864 According to Navarro, today\u2019s Green Alliance, considered the M-19\u2019s latest transmutation, has almost as many congressmen as the M-19 had at its height. As he proudly reported, \u201cIn 1991 the Alianza Democr\u00e1tica could boast 22 representatives in congress, today the Alianza Verde is represented by 20.\u201d865 After the electoral debacle of 1994, many party members chose to remain politically engaged and gradually rose to national prominence. The M-19\u2019s political heirs include a president, mayors and senators. The most recognizable names are Colombia\u2019s current President Gustavo Petro and longtime Senator Antonio Navarro. In 2018 already, Petro had emerged as a favorite in the presidential elections, coming second in the first round. According to Novoa, Petro\u2019s election to the presidency of the Colombian republic essentially testifies to the party\u2019s enduring legacy, Petro's ideology being the same as that of the M-19.866 According to Villamizar, the party also lives on through public figures that were not necessarily affiliated to the party but emerged as a result of the \u201cprocess\u201d that the M-19 helped shape. He mentioned former mayor and governor Raul Delgado, former president of the Partido Verde and son of Jorge Iv\u00e1n Ospina (M-19 co-founder); and Mar\u00eda Jos\u00e9 Pizarro, member of parliament and daughter of Carlos Pizarro (former M-19 leader). To Villamizar these important figures are a living example of the party\u2019s legacy. As he put it don\u2019t feel that in 2018 the M-19 is over, what we can say is that there was a political process that could not be maintained but that today, has many expressions alive.\u201d867 While it is reasonable to believe that a party that ceases to exist in its original form is a failed venture, the experience of the Alianza Democr\u00e1tica is worth considering in a different light. Many former members argue that the M-19 was not a political party but rather a \u2018movement of thought\u2019. To them, the party served as an agent for change, a trailblazer for a 864 Villaraga, A. (2017). Interview with the author [Interview]. 865 Navarro, A. (2018). Author's interview with Antonio Navarro [Interview]. 866 Novoa, A. (2018a). Author's interview with Armando Novoa [Interview]. 867 Villamizar, D. (2017b). Interview with the author [Interview]. 315 renewed Colombia. The party\u2019s mission wasn\u2019t to sustain itself as a political institution but rather to bring about important changes that would have long-lasting effects on the nation.868 According to Posso, the M-19 was never a party, but rather an opinion movement that formed around some political figures with a political message.869 In 1990, the legal difference between a political party and a movement wasn\u2019t so clear. Novoa explained that the M-19\u2019s legal identity allowed it to be identified as either or. He noted, \u201cIn Colombia, there was no clear difference between a party and a political movement, both were organized groups that had to register with the National Electoral Council (CNE) and had similar status, it was assumed however, that the political party would be a more structured entity with greater stability than a political movement\u201d.870 In 1994, the Constitutional Court specified some elements of this difference. It postulated that a political movement is a more flexible structure that does not have the vocation of permanence that characterizes political parties.871 The M-19\u2019s classification is still subject to heated debates but perhaps the party was never meant to conform to any categorization other than that of a catalyzer of a more representative and inclusive society. 868 Gonz\u00e1lez Posso, C. (2018). Author's interview with Camilo Gonzales Posso [Interview]. , Novoa, A. (2018a). Author's interview with Armando Novoa [Interview]. , Pabon, R. (2018). Author's interview with Rosemberg Pabon [Interview]. , Villamizar, D. (2017b). Interview with the author [Interview]. 869 Gonz\u00e1lez Posso, C. (2018). Author's interview with Camilo Gonzales Posso [Interview]. 870 Novoa, A. (2018a). Author's interview with Armando Novoa [Interview]. 871 Corte Constitutional. (1994). Sentencia No. C-089/94 316 317 7 Dubbed \u201corganizational weapons\u201d by Close and Prevost,872 post-insurgent political parties are meant to be the means by which violent battles turn into peaceful ones. Far from pretending to depict an immaculate picture of the parties under review, this study principally aimed at shedding light on a feature that is often overlooked in the post-insurgent parties\u2019 literature: their contribution to the improvement of democratic practices in the countries where they emerge. Irrespective of their ability to survive as relevant political contenders, the political parties examined in this research can log a considerable list of democratic achievements. In the cases of the M-19 and the FMLN, the most important contributions to democracy occurred at the moment of their transition from war to peace. The Salvadoran constitutional reforms that formed part of the Chapultepec agreement, and the Constituent Assembly that followed the M-19 demobilization, laid the foundations for the groundbreaking democratic transformations that followed. While the Good Friday agreement paved the way for a more participative democracy, in Northern Ireland, the transformations that resulted from the peace accord were less far-reaching. In the post-war period however, Sinn F\u00e9in has been a strong advocate of democratic practices, both North and South of the island. In Lebanon, while the Taef Accord created a more equitable confessional system, the consequences of these changes had a marginal impact on the improvement of democratic practices at the national level. Nonetheless, as a political party, the Lebanese Forces unequivocally defended human rights and democratic principles. While the FMLN\u2019s highly controversial performance as a ruling party is very much open to debate, the party\u2019s contributions to a more just society cannot be questioned. Many of the legislations that the put forward and the programs that the party put in place 872 Deonandan, K., Close, D., & Prevost, G. (2007). From revolutionary movements to political parties : cases from Latin America and Africa (1st ed.). Palgrave Macmillan. 318 consolidated the gains that were achieved by the peace agreement. During its decade in power, the party is credited for having expanded public healthcare, promoted human rights and judicial independence, and improved gender representation. Unlike the FMLN, the M-19\u2019s political journey was cut short and left much to be desired. Nonetheless, the M- 19\u2019s role in the Constituent Assembly paved the way for improved social and political rights, and fostered a new political culture that resulted in more participation than ever before in the history of Colombia. The extinct party also generated prominent political heirs including a recently elected president that testify to the movement\u2019s political legacy. Sinn F\u00e9in and the Lebanese Forces both emerged as political parties the contributions of which improved the overall democratic conditions in their respective countries. Beyond question, their peaceful participation in political life, the legislations they put forward, and their advocacies have pushed the boundaries of political inclusion, advanced freedoms, and protected basic human rights. Having risen to become the most popular party on the Island of Ireland, Sinn F\u00e9in can boast many successes on the democratic front. The party propelled women\u2019s role on the Island and became a mouthpiece for the often-neglected marginalized communities in the rural areas. Emerging from the ashes after 11 years of banishment, the Lebanese Forces worked its way back into the political arena, putting forward and pressing for a number of human rights and anti-corruption bills. The Lebanese Forces also became one of the leading forces for opposing the arms bearing of the remaining non-state armed group on the Lebanese territory. My thesis revealed that the differences among these groups -the dissimilar journeys and the external and internal factors that might have influenced the parties\u2019 evolution as political parties- are of little relevance in explaining these parties\u2019 contribution to democracy on a national level. More specifically found that the exogenous factors -namely, nature of the peace agreement, the process of disarmament, the demobilization and reintegration of former combatants, the electoral system, the political environment, international support, and previous political experience- had little influence on my thesis\u2019 outcome. Similarly have observed that these parties\u2019 contribution to democracy is not contingent upon the internal functioning of these parties, particularly, these parties\u2019 internal democracy, internal cohesion, communication methods, finances, leadership, or ideology. 319 The hypothesis formulated at the beginning of this study, which states that there is a positive correlation between rebel-to-party transformation with a sincere commitment to engage in democratic practices and an improved democracy, was thus confirmed by my findings. More specifically, this qualitative approach has revealed that the armed groups\u2019 renunciation of violence with a clear intention to commit to peaceful politics, positively impacted the quality of democracy at the country level irrespective of these parties\u2019 success as political institutions. Another interesting finding of this research was the identification of an additional feature that might have been a key factor that helped these parties emerge as agents for positive change irrespective of their locations, past history, institutional differences, and degrees of success found that these four cases shared wartime values and principles that were carried over as they turned the page of armed hostilities. These beliefs were rooted in historical memory and were the actual motivation for setting in motion the armed insurrection; they also remained constant throughout the parties\u2019 transition from war to peace and during the post-conflict period. These core values represented solid, intellectual foundations that withstood the ideological fluctuations that characterized their war-to- peace journeys. The Lebanese and Irish cases certainly appear to be examples of parties that share many similarities. Both parties are sectarian in nature with a solid base of loyal followers, both had enduring leaderships, and both can be described as organizations marked by strong discipline and a great deal of cohesion. In addition, both parties enjoyed international backing from a supportive diaspora, and witnessed a growing popularity over the past few years. The war-to-peace arrangements in Lebanon and Northern Ireland also offer striking commonalities. In both of these settings, the peace agreements halted the fighting but failed to bring optimal solutions to the table. Eager to obtain the endorsement all sides, the negotiating parties had focused on the issues that could get the backing of most stakeholders, brushing off many critical issues, and leaving many underlying matters unresolved. The model of consociational governance in both nations proved its limits and while avoiding a 320 return to war, led to powerless governments that lacked legitimacy.873 The dysfunctionality of both countries\u2019 power-sharing governments led to recurring political deadlocks and inhibited the Lebanese Forces and Sinn F\u00e9in\u2019s ability to pursue the interests of their constituencies in a meaningful way. Because of their similar systems of governance, neither Lebanon nor Northern Ireland presented fertile grounds for political parties to push the boundaries of democratic practices in a transformative manner. Nonetheless, both Sinn F\u00e9in and the Lebanese Forces were able to reach many positive outcomes main difference between the Lebanese Forces and Sinn F\u00e9in lies in the fact that Sinn F\u00e9in\u2019s history is longer, spanning over more than a century. Not to be neglected either is the fact that Sinn F\u00e9in\u2019s messaging of a united Ireland still resonates strongly today within an important section of the nationalist community. The Lebanese Forces\u2019 call for liberation on the other hand, died down after Syria withdrew its forces from the Lebanese territory. Nonetheless, the party\u2019s vehement opposition to the Iran-backed Hezbollah revived the sovereignty rhetoric resonating well with an important section of the electorate. It should also be noted that despite its many shortcomings, Sinn F\u00e9in\u2019s internal democracy has been more convincing than that of the Lebanese Forces. Unlike its Lebanese counterpart, Sinn F\u00e9in has been more observant of its internal regulations, holding regular internal elections, and carrying out a change of leadership, albeit under close scrutiny from the party\u2019s long- standing leader. In Colombia and El Salvador, the history of the conflict, the nature of the struggle, (more centered around guerrilla warfare), and the armed groups\u2019 rhetoric (oriented towards the pursuit of improved social, human, and economic rights) are common features to the M- 19 and the FMLN. As political parties, both cases witnessed a great deal of internal dissent and several changes in leadership. But the differences between the two Latin American cases are also striking. While the slowly fought its way to power reaching the country\u2019s 873 Reid, M. (2021). Lessons from Beirut to Belfast: How Dysfunctional Democracy Undermines Consociational Settlements in Deeply Divided Societies. andrews.ac.uk/files/2021/06/Lessons-from-Beirut-and-Belfast.pdf 321 highest office for two consecutive terms, the M-19 failed to sustain itself as a viable political option. Despite an outstanding performance upon demobilization, the party dispersed and gradually faded away after a bitter electoral defeat. The example of the M-19 however, best illustrates the role played by the guerrilla\u2019s core values in driving future achievements. By all means, the Alianza Democr\u00e1tica is not a shining example of a successful party experience. The party lacked cohesion, was totally disorganized, failed at defining a consistent ideology, and hardly lasted for three years. Nonetheless, the M-19\u2019s key role in a process that is considered a turning point in the history of Colombia is unquestionable. In 1991, with the active contribution of this movement, a new constitution that brought significant social and political changes was enacted. The national document facilitated the creation of new political parties; fostered participation; promoted the defense of human rights; and permanently changed the Colombian political culture. The former guerrilla also generated political heirs that challenged the traditional political landscape and remain essential figures in Colombian politics. The June 2022 election of former M-19 militant Gustavo Petro, marked a tidal shift for Colombia, bringing the first black vice-president in the country\u2019s history and promising sweeping social, fiscal, and environmental changes. It's almost irrelevant to talk about the M-19\u2019s democratic contributions as a political party, since the group\u2019s biggest contributions either took place before even it could constitute itself as a functional political organization, or came in the form of a political legacy. The deliberations that culminated in the drafting of the Borrador de una Constituci\u00f3n [Draft of a Constitution] -the document that would serve as the basis for the 1991 Constitution- were initiated in February 1991, less than a year following the signature of the Political Agreement that led to the guerrilla\u2019s demobilization. This major accomplishment, having unfolded in the midst of the war-to- peace transition, testifies to the armed group\u2019s deep-rooted understanding of democratic values and its longstanding commitment to democratic principles. The draft Constitution\u2019s content laid the foundations for an \u201cauthentic, democratic coexistence\u201d874, and suggested 874 M-19. (1991). Seminarios Regionales De Convocatoria al Congreso Nacional, Borrador de una Nueva Constituci\u00f3n para Colombia, Documento de Discusi\u00f3n, Febrero-Marzo de 1991. 322 articles that were rooted in principles of tolerance, pluralism, and international human rights standards. This spectacular performance left me wondering about the role played by the armed groups\u2019 deep-rooted beliefs and principles in determining their future behavior as political parties. Examining the wartime core values of the other three cases found out that they all shared a set of values that were compatible with the concepts of democratic governance and the principles of human rights. These beliefs that were the underlying rationale for the armed struggle, remained constant throughout their transition into peaceful civil life, and were clearly reflected in their post-conflict legislative and advocacy projects as political institutions. It should be noted that these core values are quite distinct from party ideology, a party aspect that usually manifested ambiguity, and experienced much greater fluctuations In light of the four parties\u2019 achievements, one would wonder if this trend is specific to the cases chosen for my research, or if it reflects more broadly the experience of other parties with a comparable background. As post-conflict and post-insurgent parties\u2019 literature has shown, not all post-insurgent parties yield that same result. Examples such as the Renamo in Mozambique, the in South Sudan, or the in Burundi testify to the fact that a simple conversion from armed group to political player doesn\u2019t always produce political parties with a clear commitment to promoting democratic practices. Although the generalizability of these results requires more evidence to judge, a quick look at other similar experiences tends to suggest that, in a general way, armed groups that had democracy- compatible values from the outset of their military struggle were better positioned to positively contribute to the policy environment in their countries when the guns fell silent. On the other hand, this transition proved to be more difficult for parties that succeeded insurgent groups lacking that type of core values. 323 In the obvious case of South Africa, the African National Congress\u2019 (ANC) intense battle to improve political representation in a country that was well known for its injustices and divisions, gave rise to a post-insurgent party that can be credited for a large number of achievements. In a similar vein, the Uruguayan Frente Amplio, a coalition that included former insurgents and represented the underprivileged, produced a president who was deeply committed to promoting policies that prioritized human rights and social equity. Similarly, the United Communist Party of Nepal (UCPN) actively contributed to the creation of a new constitution that enshrined the protection of human rights and democracy. The post-insurgent National Union for the Total Independence of Angola (UNITA) party in Angola adopted a conciliatory approach and campaigned for improved democratic practices, better governance and less impunity. Finally, and to only name a few, the Ethiopian People\u2019s Revolutionary Democratic Front (TPLF/EPRDF) rule in Ethiopia yielded rapid development progress, substantial economic success, and a marked reduction in poverty will quickly examine these cases while devoting greater attention to the case of the in Ethiopia The South African is credited for creating a new South African constitution geared towards harmonizing the relationship between former foes, and promoting democratic values, social justice and the principles of human rights.875 The White Paper for Social Welfare, designed and adopted by the first elected government, provided principles and proposed policies and programs for the development of health, nutrition, education, housing, employment, recreation, rural and urban development, and land reform.876 According to South African ambassador to Saudi Arabia, H.E. Rubushe, despite taking some of the reforms to an unhealthy extreme, the party\u2019s role in the country\u2019s democratic consolidation is unquestionable. Rubushe credited this success to the experience gained from the mistakes of other African countries who had undergone similar processes but also and importantly, to 875 Constitution of the Republic of South Africa. (1996). Retrieved from 876 White Paper for Social Welfare. (1997). Republic of South Africa Retrieved from 324 the ancestral art of deliberation. ANC\u2019s participatory approach and broad-based consultation tradition generated debates that resulted in more inclusiveness and representation. Although widely criticized for its remaining socioeconomic disparities between classes and races877 it is undisputable that the has intended and largely succeeded to change the lives of South Africans for the better. The Frente Amplio Although not resulting from a peace agreement, the Tupumaros\u2019 reinsertion into civil life is a notable example of how a former armed group yielded political leaders that contributed to an improved democracy. After integrating former Tupumaros combatants into its coalition, the Uruguayan Frente Amplio emerged as a ruling party from 2005 to 2020 and shone through a president formerly known as a guerrilla leader. Winning with landslide victory, Jos\u00e9 Mujica, the Frente Amplio\u2019s presidential candidate marked a turning point in the country\u2019s history. Under Mujica, the government prioritized policies that drew special attention to the needs of socially disadvantaged groups.878 During the Frente Amplio\u2019s presidencies (with both Mujica and his predecessor), several institutional changes testified to the ruling party\u2019s serious commitment to promoting social equality; foremost among them, the creation of the Ministry of Social Development (MIDES) and the health reform.879 While in power, the Frente Amplio instituted a third level of government (the municipal level) with the aim of delegating more power to citizens.880 The establishment of the social cooperatives legislations under V\u00e1squez, and the creation of the Fund for Development (FONDES) under Mujica promoted the creation and development of social and solidarity 877 Southall, R. (2014). Democracy at Risk? Politics and Governance under the ANC. The Annals of the American Academy, AAPSS, 652, 48-70. 878 Luna, J. P. (2007). Frente Amplio and the Crafting of a Social Democratic Alternative in Uruguay. Latin American Politics and Society, 49(4), 1-30. 879 Garc\u00e9, A. (2013). El Frente Amplio como Partido de Gobierno (Universidad de Buenos Aires, Facultad de Ciencias Sociales, Issue. 880 Goldfrank, B. (2015). Democracia Participativa e Izquierdas Logros, Contradicciones y Desaf\u00edos (Democracia Participativa e Izquierdas, Issue. 325 economy enterprises.881 It is noteworthy that the Tupumaro guerrilla\u2019s foundational documents gave prominence to the rule of law as a fundamental means to build an effective nation. The obvious contradiction between recognition of the importance of the rule of law and the resort to arms was later analyzed by Weinstein who observed that resorting to illegal activities stemmed from the fact that there were no other avenues left for the underprivileged to fight for an egalitarian society in Uruguay.882 The United Communist Party of Nepal (UCPN)\u2019s experience as a political party also yielded substantial results on the democratic front. The party\u2019s earlier variant, the relentlessly campaigned for, and had a leading role in the overthrowing of the monarchical rule and the creation of the federal republic. It is also credited for advancing ethnic demands and the establishment of an inclusive democracy.883 The demonstrated its full commitment to the rules of democracy when, faced with an electoral setback, it gracefully accepted the results and worked jointly with the winning party accepting the mandate of the people.884 The party also had a major role in creating a political space for marginalized people and the formulation of the 2015 constitution, a document enshrining the protection of people\u2019s rights and democratic principles.885 881 Guerra, P., & Reyes, S. (2019). La Construction Legislativa Uruguaya en Econom\u00eda Social y Solidaria en el Marco de la Gobiernos Progresistas del Frente Amplio (Cooperativismo & Desarrollo, Issue. 882 Weinstein, M. (2007). The Left's Long Road to Power in Uruguay Palgrave Macmillan. 883 Gellner, D. (2010). Nepal: Trajectories of Democracy and Restructuring of the State (Routlege Handbook of South Asian Politics, Issue. 884 IDEA. (2015). Nepal's Constitution Building Process: 2006-2015 Progress, Challenges, and Contributions of International Community. 2015.pdf 885 Castillejo, C. (2016). The Role of Ex-Rebel Parties in Building Peace. 326 After signing an agreement that ended 27 years of civil war in Angola successfully transitioned from violent struggle to peaceful politics. As a political party dramatically improved its electoral performance over the years, becoming Angola\u2019s principal opposition party and slowly embracing the rules of democracy. Implementing social services and educational projects at the local level demonstrated its ability to effectively respond to social needs while gathering support through democratic means.886 The party proclaimed its commitment to ending discrimination, poverty, and inequalities in Angola.887 It also adopted a conciliatory tone and called for the strengthening of democratic practices while fighting corruption and impunity.888 Tracing its roots back to Marxist-oriented university students, the Tigray People\u2019s Liberation Front (TPLF) emerged in the late 1970s as Tigrayan nationalists sought independence from Ethiopia. Representing an ethnic-based peasantry, the TPLF\u2019s leadership was staffed with young radical intellectuals who, with the help of the Eritrean People Liberation Front (EPLF) acquired considerable military experience and rose to the become national leaders.889 After forming the Ethiopian People\u2019s Revolutionary Democratic Front (EPRDF), a united front with the Ethiopian People\u2019s Democratic Movement (EPDM) and other groups with comparable goals,890 the former armed group acquired state power in 1991 and dominated Ethiopian politics until November 2019. As a ruling party, the is credited with a number of accomplishments. These include major improvements in the areas of health and education and achieving measurable economic advances.891 Fueled by an ambitious developmental state strategy modeled after the 886 Pearce, J. (2020). From Rebellion to Opposition: UNITA's Social Engagement in Post-War Angola. Government and Opposition, 55, 474-489. 887 Samakuva, I. (2013). Change in Angola: The Role of UNITA. In. Chatham House. 888 ANGOP. (2021 Advocates Effective Reconciliation. 889 Young, J. (1996). The Tigray and the Eritrean Peoples Liberation Fronts History of Tensions and Pragmatism. The Journal of Modern African Studies, 34(1), 105-120. 890 Milkias, P. (2008). Ethiopia, the TPLF, and the Roots of the 2001 Political Tremor. Northeast African Studies, 10(2), 13-66. 891 Tadesse, M., & Young, J. (2003). TPLF: Reform or Decline? Review of African Political Economy, 97, 389-403. 327 successful cases of South Korea and Taiwan, Ethiopia succeeded in becoming one of the fastest-growing economies in recent years. According to the World Bank, between 2007 and 2022, Ethiopia\u2019s economy grew at an average rate of 9.5 percent per year, and despite a rise in inequality, between 2011 and 2016, the percentage of people living under the poverty line decreased from 30 to 24 percent. Human development indicators also improved over time.892 Additionally, under the EPRDF, substantial improvements in health and education, 327elativee stability, and positive measures towards an improved democracy and more transparency were registered.893 According to John Young, the institutions and practices that were introduced by the addressed democratic issues in significant ways. The EPRDF\u2019s commitment to national self- determination and the introduction of ethnic federalism represented a governance model that best ensured representation while preserving local traditions and values. Furthermore, the gim gema practice of self-evaluation aimed at promoting effective management and good governance.894 Ethnic federalism, gave full recognition to ethnic autonomy, while maintaining the unity of the state. This federal system encouraged an ethnic-based territorial federation and provided a secession option for states that wished to do so. This system also encouraged political parties to form and operate along ethnic lines.895 With the goal of improving performance, the designed its own procedure for self-evaluation. The gim gema practice, a system by which group members evaluate every possible aspect of the TPLF\u2019s program -including the quality of its management, and the individual behavior of all its members, in the open and in as much details as needed- aimed at promoting a culture of merit and transparency. This populist democratic practice became the foundation of the TPLF\u2019s style of governance and was replicated in many aspects of governance after the 1991 892 Website, W. B. (2022). The World Bank in Ethiopia, Overview. 893 Tadesse, M., & Young, J. (2003). TPLF: Reform or Decline? Review of African Political Economy, 97, 389-403. 894 Young, J. (2022). Author's interview with John Young [Interview]. 895 Alem, H. (2003). Ethnic Federalism in Ethiopia: Background, Conditions and Future Prospects International Conference on African Development Archives, 328 victory. Young reported that the gim gema evaluation procedure would even be applied in schools where, starting in grade one, students would evaluate their teachers, the programs, and the school as a whole. To the EPRDF, maintaining this practice ensured that movement wouldn\u2019t capitulate to the temptations of power.896 Like many similar groups, overtime, the was compelled to make a number of compromises. Between 1989 and 1991, in the aftermath of the Cold War, the abandoned its Marxist ideological stand and embraced Revolutionary Democracy, an ideology that was soon to be replaced by the Developmental State ideology, following a split within the in 2001. While officially rejecting the political views of Western powers, the reluctantly embraced some of its economic positions.897 With time, the TPLF\u2019s ideological zeal was watered down as local and regional circumstances swayed its positions in different directions. The Developmental State represented an acceptable compromise that preserved some of the TPLF\u2019s political principles and conformed with the group\u2019s belief that the State should retain a central role in the economy.898 Whether playing a direct role in government or in opposition, these post-insurgent parties have demonstrated their commitment to democratic norms and practices, and used political office, legislative powers or advocacy methods to help strengthen democracy, sometimes challenging establishment views on policy-making. ANC\u2019s broad-based consultation tradition and the TPLF/EPRDF\u2019s style of governance seem to suggest these groups\u2019 wartime traditions and aspirations shaped their postwar programmatic messages and political practices. Further studies will be required to determine the extent to which these parties\u2019 post-war performance is linked to their past grievances and the ethical commitments and practices that ensued. 896 Tadesse, M., & Young, J. (2003). TPLF: Reform or Decline? Review of African Political Economy, 97, 389-403. 897 Gebregziabher, T. N. (2019). Ideology and power in TPLF's Ethiopia historic reversal in the making? African Affairs, 118(472), 463-484. 898 Young, J. (2022). Author's interview with John Young [Interview]. 329 While these examples mirror the positive experiences of the cases that this study has covered, other post-insurgent parties didn\u2019t necessarily lead their post-war existence in the same spirit. Undoubtedly, the motivations behind their actions and behavior depended on a broad range of factors that are beyond the scope of this overview. Nonetheless, a brief glance at those experiences highlights some of the issues that might have influenced their behavior in the postwar period and could explain their failure to contribute to democratic consolidation. The rise to power of the in Angola, the in Burundi, and the in South Sudan for example marked a major setback for democracy after they turned into autocratic and oppressive ruling parties. Also, despite coming forward as a plausible political alternative, the Mozambican Renamo, failed to effectively transform and achieve the democratic advances that were hoped for will briefly scan some of these experiences and take a deeper look into Sudan\u2019s and Renamo in Mozambique In Angola, the rise to power of the in the postcolonial era was marked by the group\u2019s abandonment of its revolutionary ideals and the ruling party\u2019s descent into kleptocratic governance. After the Marxist founders left the movement in the early 1960s, the group pursued right wing nationalist policies while claiming a socialist platform.899 According to Malaquias, as a political party, the lacked the coherent principles that would have helped it consolidate its power and ensure and sustain popular support. Brought to power by outside forces, the assumed responsibility while \u201cfundamentally weak inside\u201d.900 The party\u2019s lack of solid moral commitments, its vague ideology, and erratic policies, failed its supporters and led to corrupt practices that resulted in economic collapse. 899 Vidal, N. d. F. (2021). The International and domestic fabrics of an ideological illusion: the Socialist MPLA. Tempo e Argumento, Florian\u00f3polis, 13(34). 900 Malaquias, A. (2007a). Angola: From Revolutionary Movement to Reactionary Regime. In From Revolutionary Movements to Political Parties; Cases from Latin America and Africa (pp. 10). Palgrave Macmillan. 330 In Burundi, the hopes for a new era of participatory democracy that arose from the Arusha agreement, quickly faded away as the liberal pillars that the Arusha agreement was built upon were abandoned. While suffering from oppression for centuries, as a ruling party resorted to practices that used fear and repression to influence elections, quashed opposition, and silenced civil society. Once in power, the rebel group that was devoted to restoring democracy and promoting social justice, replicated the very same practices that it once opposed. In large part, this came as a result of internal factionalism that sidelined those who held progressive ideas. But also, a landslide victory in 2005 gave the party the means to use its influence in an unfettered way, dwarfing the opposition, and controlling most institutions.901 One would wonder if the would have exploited the institutions in an authoritative manner, had it reached a level of power that had allowed it to do so. From the data collected above, this would seem inconceivable, given their massive contribution to the democratization process in El Salvador. It would be interesting to further investigate the democratizing record of cases where post-insurgent parties with democracy-compatible values gain this type of political upper hand Even more spectacular was the Sudan SPLM\u2019s inability to withhold peace, build solid institutions, and implement good governance. Corruption, internal strife, power struggle, and a weak commitment to democracy led to renewed violence and ethnic clashes.902 Despite several attempts to broker peace and the signature of multiple peace agreements, SPLM\u2019s transition to political life failed to achieve any progress and was characterized by an impotent political wing, a week ideology, narrow ethnic appeal and inability to gain national 901 Burihabwa, N., & Curtis, D. (2019). The Limits of Resistance Ideology? The and the Legacies of Governance in Burundi. Government and Opposition, 54(3), 559-583. 902 Castillejo, C. (2016). The Role of Ex-Rebel Parties in Building Peace. 331 legitimacy.903 The had fought a long-drawn-out war against the Sudanese and, much like the cases covered in this study, ended the armed struggle with a peace agreement signed in 2005. Led by the charismatic, U.S.-educated John Garang, the proclaimed a national vision of a New Sudan with a purely \u2018Sudanese identity\u2019 as contrasted with African, Arab, Muslim or Christian. Recognizing the Ethiopian Derg as a potential source of funding, the espoused Marxism-Leninism, the ideology endorsed by regime\u2019s strongman, to secure financial resources. With the end of the Cold War and the collapse of the Ethiopian regime, the had to seek other sources of material support. Garang turned his attention to other funding streams, trying to devise new strategies to replenish its coffers.904 According to Young, this situation captured the attention of the U.S. who saw in this dynamic struggle an opportunity to defend causes that were in keeping with its beliefs. Support of democracy seekers, and the liberation of oppressed Christians from the Muslim dominance motivated the U.S. to intercede and mediate a peace settlement. In 2005, under the auspices of the U.S. and other supporters, a peace agreement putting an end to the conflict was signed. The agreement outlined new measures for providing security and sharing power and wealth in an equitable way, and announced a six-year period at the end of which a referendum on independence would be held.905 Garang\u2019s death six months after the signature of the agreement, unleashed a wave of violence that revealed the weakness of the agreement and the fragility of peace.906 Despite raising hopes for national unity and improved governance, the agreement did little to address past grievances and revealed the SPLM\u2019s ineptitude to govern. According to Young, the establishment of governance institutions modeled after the Western example -and ill-suited to the realities of Southern Sudan- bare much responsibility for this failure. But also, the SPLM\u2019s conversion into a political organization suffered many shortcomings. In addition to being institutionally weak and high-handed, the suffered 903 Young, J. (2007). Sudan: The Incomplete Transition form the to the SPLM. Lynne Rienner Publishers 904 Ibid. 905 Ottaway, M., & Hamzawy, A. (2011). The Comprehensive Peace Agreement. 906 Young, J. (2007). Sudan: The Incomplete Transition form the to the SPLM. Lynne Rienner Publishers 332 from the absence of a clear ideological basis. This in part, explains the group\u2019s unperturbed changeover as it dropped Marxism-Leninism and embraced Western-style democracy, easily adjusting to the needs of its new benefactory. As the shifted ideological gears, it also changed its aspirations. For pragmatic reasons, Garang had embraced national unity under the vision of a \u2018New Sudan\u2019 for most of its existence. That was largely driven by the need to accommodate his initial sponsor the Ethiopian leader, a champion of Africanism staunchly opposed to secessionism, being internally involved in a secessionist war himself in Ethiopia. Garang\u2019s strong leadership was able to enforce his vision of a \u2018New Sudan\u2019, containing the many rank-and-file members of his movement who despised the notion of a united Sudan and longed for secession. As the switched allegiance, the contemplation of self- determination and even secession resurfaced. After the death of Garang, the separatists came to the fore and put their plans into action. According to Young, the ideological switch was an easy conversion since the party didn\u2019t have any politics to begin with.907 Overshadowed by the armed wing, the political wing \u2018was never more than a shell\u2019 (Young, 2007, p. 157) and remained as such even after the signing of the peace agreement.908 Certainly, the party\u2019s failure to deliver was a result of the local and international contexts, but also of its weak political structures. While the lack of an ideological underpinning wasn\u2019t the only impediment to the SPLM\u2019s ability to reform itself and bring about positive change in Sudan, it is certainly safe to assume it largely contributed to this outcome Renamo\u2019s third attempt to achieve peace with the Mozambican government in 2019 brought some hope for a true transformation but the prospects are grim. Despite establishing itself as a serious electoral contender and abandoning the resort to violence, Renamo was not able to make the leap from an instrument of regional powers - turned into protector of the 907 Young, J. (2022). Author's interview with John Young [Interview]. 908 Young, J. (2007). Sudan: The Incomplete Transition form the to the SPLM. Lynne Rienner Publishers 333 marginalized- to an actual defender of the people it intended to represent.909 The challenges of the postwar environment were many: The absence of a real solution to the grievances that characterized the country during the war,910 Renamo\u2019s very nature as a proxy army, and the party\u2019s lack of ideology.911 According to Manning, Renamo\u2019s exclusive wartime focus on military strategy -totally neglecting the ideological aspect of the struggle- posed many challenges in the postwar period. The task was all the more difficult giving that its political rival Frelimo, had worked out its ideological definitions since the war days. Intense debates would regularly take place to define goals and agree on strategies to achieve their political objectives. When the country transitioned into a multi-party democracy, Frelimo\u2019s internal organizational structures were well developed with decision-making structures well established at all levels of the institution. As it assumed power, the party\u2019s self-examination methods, already in place since the war days, helped the party cope with obstacles. When unsuccessful government policies, a failing economy, and corruption accusations emerged, the party embraced a new constitution that transformed the governing system from a one-party state to a multi-party democracy. On the other hand, created as a proxy army, Renamo focused its armed struggle on military victories with little attention to political goals. It\u2019s only in the mid-1980s that Renamo decided to establish itself as an organization with a serious political wing. Renamo\u2019s structures were largely underdeveloped and the party\u2019s debut into politics exhibited lack of preparedness and incompatibility with democratic politics.912 Even so, as a political party, Renamo earnestly tried to enter and contribute to the political process but its efforts were thwarted by opponents who dominated the art of political 909 Cahen, M. (2020). La \u00e0 l'heure de sa sixi\u00e8me d\u00e9faite aux \u00e9lections g\u00e9n\u00e9rales (15 octobre 2019). Politique Africaine, 160(4), 187-209. 910 Manning, C. (2004). Armed Opposition Groups into Political Parties: Comparing Bosnia, Kosovo, and Mozambique. Studies in Comparative International Development, 39, 54-76. 911 Manning, C. (2007c). Revolutionaries to Politicians: The Case of Mozambique. In K. Deonandan, D. Close, & G. Prevost (Eds.), From Revolutionary Movements to Political Parties, Cases from Latin America and Africa. Palgrave Macmillan. 912 Ibid. 334 gamesmanship. Several attempts at putting forward legislation aimed at decentralizing power, were sabotaged by the Frelimo-controlled parliament, including a 2000 proposal that would have allowed Renamo to appoint governors in the provinces where it won electoral majorities913 and a 2015 attempt to expand the powers of regional assemblies in six provinces where it had performed best in the previous year\u2019s elections. Despite the defeat, the legislative proposal, along with Renamo's leader\u2019s pledge to refrain from any violent attempts to reverse the parliamentary verdict, reflected Renamo\u2019s adherence to democratic practices and the party\u2019s factual willingness to abide by the rules of peaceful democracy.914 Without any doubts, the circumstances that post-insurgent parties face when they enter the political arena greatly influence their behavior. The stability of the political context and the country\u2019s experience with democracy play a significant part in these developments. In the case of Renamo, the international community\u2019s support and the incentives used to sustain the party\u2019s commitment to peace proved to be effective tools. Lacking legitimacy, Renamo heavily relied on the international community\u2019s help to restore its image from a puppet organization to a party in its own right, eager to present itself under a whole new light. The party\u2019s lack of political experience, and party members\u2019 lack of preparedness for the postwar undertakings proved to be major challenges for Renamo. Limited knowledge of the legislative process and its key players, certainly affected its ability to deliver. Despite exerting serious efforts to remedy this problem -such as enlisted skilled recruits, qualified to represent the party in official commissions and the legislature- old party members\u2019 lack of preparedness for the world of politics presented many challenges and affected the party\u2019s performance in adverse ways.915 The case of Renamo raises many questions. As an armed organization, Renamo lacked the core values that characterize many similar armed groups, the grievances of which served as a substantial ground for the emergence of an ideological core. As a political party however, 913 The Economist Intelligence Unit. (2015b). Renamo's parliamentary bill unlikely to be approved The Economist. 914 The Economist Intelligence Unit. (2015a). Renamo's autonomy bill rejected by parliament 915 Manning, C. (2022). Author's interview with Carrie Manning [Interview]. 335 Renamo did adhere to the rules of democracy, contesting elections, organizing peaceful demonstrations, and attempting several times to put forward legislation that was in line with certain democratic principles. While Renamo\u2019s performance as a political party remained limited and didn\u2019t necessarily achieve transformative changes on a national level, it can be argued that the party\u2019s adherence to the rules of electoral democracy contributed to a better democracy in some measure. In her study of the SPLM/A\u2019s transition into a political party in South Sudan, De Alessi contends that the death of the party leader, main architect of the peace agreement, coupled with the absence of a clear political program undermined the SPLM\u2019s ability to deliver real democratic changes.916 This research has shown that the absence of these two elements in the M-19 didn\u2019t abate the party\u2019s keenness to ameliorate the country\u2019s democratic conditions and improve citizens\u2019 living conditions. Indeed, despite the sudden death of its party leader -who was also one of the main architects of the peace agreement- and the absence of a well-articulated party program, the M-19 was able to contribute to a major democratic breakthrough from the very outset of its political life argue that these important contributions are credited to the party\u2019s core values which translated into general principles that guided the M-19 leaders in their post-agreement actions. These general principles were the common thread that would serve as the basis for most party decisions including the controversial choice to build alliances with representatives from traditional parties. In the case of the in contrast, the absence of ideological commitments hampered the transformation. Described by his closest allies as arrogant, corrupt and autocratic, the group leader John Garang, found it unnecessary to espouse any revolutionary philosophy. According to Young, the organization was guided by pure pragmatism, viewing human rights as a \u201cbourgeois concept\u201d that shouldn\u2019t carry much weight in the group\u2019s actions. In Young\u2019s words, under Garang\u2019s oppressive leadership, \u201cPolitics became militarized and... crude and formula-like.\u201d917 916 De Alessi, B. (2012). The War to Peace Transition of the into the during the implementation of the Sudan's Comprehensive Peace Agreement SOAS, University of London]. 917 Young, J. (2007). Sudan: The Incomplete Transition form the to the SPLM. Lynne Rienner Publishers 336 While the M-19\u2019s all-embracing approach was favorable to peace and democracy promotion, it proved to be detrimental to the party. The M-19 was able to put together a noble project, in collaboration with political opponents, to address some of the country\u2019s most pressing needs, putting aside the rigid beliefs that would have limited their options and constricted their choices. The same holds true for the Lebanese Forces whose political resilience helped overcome the challenges of the postwar conditions. As in the case of Renamo, the postwar political environment remained largely unchanged. In Lebanon, very few elements of the Tai ff agreement actually materialized, the country remained under foreign occupation for another 15 years, and the political accord failed to rebuild the State in a meaningful way. Further still, the party leader was jailed and the organization was banned from political activity from 1994 until 2005. Nonetheless, when the party resumed its operations, it did so with a clear focus on democratic improvements argued that the Lebanese Forces\u2019 peacetime behavior remained in line with its founding fathers\u2019 philosophy, largely influenced by Malik\u2019s ideals, and based upon the principles of personal freedoms and the promotion of human rights. Renamo\u2019s emergence as a foreign proxy, lacking a political program and the core values that characterize resistance movements might have shaped its evolution as a political party. As an armed group, Renamo was known for its absence of a political platform, having been created by the Rhodesian Central Intelligence Office (CIO) and later used by South Africa as a tool for the destabilization of Mozambique. Mostly composed of forced recruits, Renamo was infamous for its savagery, attacks on health clinics and schools, and indiscriminate mutilation practices.918 Future research could examine Renamo\u2019s inception history, and explore the relationship between the armed group\u2019s core beliefs and its future evolution into a political player. South Africa\u2019s ancestral art of deliberation and its broad-based consultation tradition is also worth exploring as a possible foundation for the ANC\u2019s behavior as a post-insurgent party. The 918 Vines, A. (2013). Renamo's Rise and Decline: The Politics of Reintegration in Mozambique. International Peacekeeping, 20(3), 375-393. 337 party\u2019s inclusive and participatory traditions might have driven the policies as a ruling party and empowered citizens to influence decision makers and hold political actors to account. These observations may be considered a further validation of the assumption that wartime core values are likely to be carried over after the guns fall silent and determine the former armed groups\u2019 peacetime behavior In 2016, a historic peace agreement was reached between the Revolutionary Armed Forces of Colombia (FARC) and the Colombian government. Under the terms of the agreement, the group formed a political party and was awarded five seats in the Senate and another five in the House of Representatives for 10 years.919 Despite initially keeping its famous acronym but rebranding it as the Revolutionary Alternative Common Force, at the second party convention in January 2021, members chose to change the name to Comunes [Commons]. The change in name mainly aimed at avoiding confusion with the so-called dissidents\u201d, the former guerrilla members who remained in the bushes, choosing not to join the peace process.920 While the peace accord ended a 50-year armed conflict with the continent\u2019s oldest guerrilla, the much-anticipated results are rather unsettling. Three years after the signature of the agreement several former leaders released a video calling for a return to arms.921 With the rearmament of these leaders and other disgruntled members, rumors of serious divisions were confirmed and fractures in the political base grew more evident. In the March 2022 parliamentary elections, Comunes won a mere 52,000 votes, a significantly lower number than the 2018 elections when the recently demobilized 919 Acuerdo Final. (2016). Acuerdo Final para la Terminaci\u00f3n del Conflicto y la Construcci\u00f3n de una Paz Estable y Duradera. 920 Justice for Colombia. (2021 political party changes name to Comunes 921 Janetsky, M. (2019). Ex leaders' return to arms brings back memories of bloodshed Al Jazeera. brings-back-memories-of-bloodshed 338 party had received 85,000 votes, already considered a pale part of the voting share.922 With these results, the former combatants\u2019 representation has never been as uncertain. As political players, the Comunes Senators and Congressmen faced a rough beginning. Operating in a hostile environment and suffering from inadequate experience in formal politics, Comunes representatives struggled to make their voices heard. Gradually, the fledgling party learned the skills required to play the political game. After a crash course on the workings of the legislative branch of government, Comunes representatives were able to present a number of draft legislations on topics such as strengthening political participation, increasing basic income, and insuring basic public services. Additionally, the Comunes party carried out about 10 congressional debates on political control over alleged human rights violations during national strikes, the prisons crisis, and the murders of social leaders.923 However, most projects failed to pass which led the legislators to consider alliances with opposition colleagues, in hope to achieve better results.924 When asked to comment on the recently formed party, many former M-19 members voiced their doubts about the party\u2019s ability to sustain itself over time. To the former militants, the party was bound to suffer the same fate as the M-19. Despite their complimentary seats in congress, a decent political experience, and a disciplined party, interviewees were concerned that the former guerrilla\u2019s links to drug-trafficking, its past human rights record, and dismal popularity would undermine the party\u2019s future. According to Novoa, the core values that the M-19 once prided itself on, are lacking in the political project. The former guerrilla\u2019s unpunished crimes including the use of child soldiers, abduction and killing of civilians, engagement in widespread sexual violence, and cruel 922 Yordi, L. (2022). Colombia Elections 2022: An uncertain political future for the former guerrilla. LSE, London School of Economics. 923 Villanueva, J. (2021). Partido Comunes: as\u00ed ha sido su participaci\u00f3n en al Congreso. Radio Nacional de Colombia. participacion-en-el-congreso-acuerdos-paz 924 Altamar, F. G. (2021). Partido Comunes: la dif\u00edcil tarea de hacer pol\u00edtica en Colombia El Espectador. trabajo-de-los-exguerrilleros-y-miembros-del-partido-comunes-en-el-congreso/ 339 treatment of combatants to name a few, have tarnished the party\u2019s image and remain very vivid in Colombians\u2019 memory. To Novoa, the main challenge to the is that these attributes are deeply fixed in peoples\u2019 minds. He explained, \u201cPublic opinion began to see them not as political rebels but as criminals associated with drug trafficking and the armed conflict. This perception led them to levels of degradation that the M-19 never reached, even if sometimes it got close to that.\u201d To the magistrate of the electoral council the difference between the M-19 and the is vast. As an armed group, the paid little attention to people\u2019s real needs and acted as an army of the people giving paramount importance to the power of arms, \u201cThe concept of public opinion to the was a mockery; they underestimated the importance of popular support... They fought on behalf of the people with an unfavorable public opinion.\u201d 925 Six years into the post-war period, the party faces new strains. Deep divisions threaten to annihilate the little successes accomplished, and the party appears to be losing its popular base. Furthermore, ex combatants have been the target of a wave of violence that, as of November 2020, had claimed 200 lives.926 In 2021, two Comunes senators, criticizing the party leaders\u2019 non-democratic practices, started their own movement boding ill for the party\u2019s long-term future.927 The wave of optimism and the much-touted changes that accompanied the M-19\u2019s transition from armed group to political party seem quite a distance away. The party\u2019s future appears to be fatally linked to its inglorious past and the values that guided the group\u2019s decisions and actions before 2016. Future research could further explore the potential effects of the guerrilla\u2019s core values on its evolution as an armed group and its performance as a political party. 925 Novoa, A. (2018a). Author's interview with Armando Novoa [Interview]. 926 Charles, M., Basar, B., & Forero, J. D. (2020 Criminal Peace. Mapping the Murders of Ex Combatants. 927 Janetsky, M. (2021). Colombia ex-rebels grow disillusioned with party 5 years after peace Reuters. farc-party-5-years-after-peace-2021-12-02/ 340 When presidential candidate, Gustavo Petro was asked what his late guerrilla comrades would think of his rise to Colombia\u2019s presidency, the presidential hopeful answered, \u201cThey would have felt it was all worthwhile.\u201d928 The emergence of the M-19 was a turning point in the history of Colombia. Despite its disappearance, this novelty in the public arena contributed to the drafting of a constitution that consecrated human and political rights and enabled the political left to establish itself with a bigger presence on the Colombian political scene, eventually reaching the highest office in the nation. That was also the case in El Salvador where the introduced unprecedented changes in a country notorious for its violence, human rights violations, and widespread impunity. In the cases of the Lebanese Forces and Sinn F\u00e9in -while experiencing more steady political journeys- their overall contributions to democratic life were less transformative, even if critically important. On the island of Ireland, post-agreement Sinn F\u00e9in is credited for championing human rights and social equity, fighting discrimination, and giving a voice to the underprivileged. The Lebanese Forces\u2019 transformation into a political party brought the issues of human rights to the fore and contributed to the promotion of transparency and social welfare. This qualitative approach revealed that the four parties\u2019 peacetime behavior might have been influenced by the organizations\u2019 historical memories and moral obligations as armed groups. It seems indeed that the intellectual foundations that inspired the insurrections remained constant and transpired in the post-conflict period. Despite adapting their ideologies to fit the needs of the post-war context, as political parties, these groups remained devoted to the ethical commitments that triggered and accompanied their armed struggles. But the experience of Renamo also demonstrates that even parties who lack such values could be willing to embark on the path to democracy for various other reasons and if given a chance, contribute to improved democratic practices. The extent to which the armed groups\u2019 wartime principles and beliefs make this transformation more likely, in particular 928 Stott, M., & Long, G. (2022). Former Urban Guerrilla Homes in on Colombia's Presidency. Financial Times. 341 when in power with a weak opposition, could be the subject of further studies. This topic has been indirectly touched upon by Berti (2016)929 who studied the political identity of Hamas and Hezbollah, two armed groups with official political representation. Berti explored the wartime legacy of these groups and their impact in shaping the two organizations\u2019 political trajectories. But while these groups have legitimate political presence, they haven\u2019t relinquished their arms and their behavior remains largely determined by their military status. To my knowledge this is the first study dealing with post-insurgent groups\u2019 contributions to democracy and the incentives that determine these groups\u2019 peacetime behavior. The findings of this thesis could inform policy makers as they consider the worthiness of peace negotiations with armed groups, and the extent to which these new political actors\u2019 participation in political life offsets the social, economic and emotional costs of negotiating peace with the enemy. 929 Berti, B. (2016). Rebel politics and the state: between conflict and post-conflict, resistance and co-existence. Civil Wars, 18(2), 118-136. 342 343 The bulk of my research relied on 50 in person interviews with members, former members and dissidents of the parties studied, as well as other stakeholders. Most of the interview questions were organized as follows: Political transition \u2022 Peace agreement: Did the peace accord address the movement\u2019s main grievances? In the post-agreement phase, did the state abide by its commitment to honor the settlement agreed on? Did the content of the agreement impact the development of the party? \u2022 Reintegration of former combatants: Was that effort successful and did it affect the performance or the growth of the party in any way? \u2022 Organizational legacy: What was the party\u2019s previous political experience and how that experience -or lack of- impacted the evolution of the party? Internal functioning \u2022 Political development: What was the movement\u2019s experience of party formulation, consolidation and evolution? How did its members come to assume political functions in constitutionally-recognised bodies (i.e. local, regional and national assemblies and governments), or become integrated in a state security apparatus (i.e. police, army)? \u2022 Communication: How did internal communication evolve over time and what channels of communication did the party use to ensure intra-party participation? How about communication with the constituents? What channels did the party use to outreach to constituents? \u2022 Internal structure: When the party was established, how was it organized? Did it maintain the same structure as the one used during the conflict? How about internal discipline? Were there remnants of the wartime military structure? \u2022 Internal democracy: did the movement abide by the party bylaws? To what extent did these bylaws promote internal democracy? Were individual opinions valued and taken into consideration? What mechanisms were established to encourage more participation? 344 \u2022 Internal cohesion: How did the end of the war impact the group\u2019s cohesion? Was there ideological homogeneity inside the party? Did the party formation give rise to many dissidents and how did they impact the evolution of the party? \u2022 Inclusion of women and other minorities: Did the party have voluntary quotas for women and minorities in the selection procedures within the party? Did it use gender sensitive policies to promote women participation inside the party and as party representatives? \u2022 Funding: How did the party manage its finances after embarking on its political transition? Did its members benefit from any peace dividends or wealth redistribution that might have accompanied the post-war development? \u2022 Ethnic diversity: did the party represent a specific section of the population? If so, how important was the sectarian appeal in the development of the party and did that interest change over time? \u2022 Relations with other non-state actors: Did the movement form alliances with other like-minded groups, or did they compete with other groups claiming allegiance from the same community or social base? In the post-agreement phase, were there some dissident groups which continued their armed activities, and if yes, what influence did such factors have on the movement\u2019s post-war political engagement? Party evolution over time \u2022 Shift in leadership: What was the movement\u2019s experience of leadership change? Did the change in leadership impact the party in any way? How important was the image of the leader? \u2022 Shifts in the constituent base: Was there any change in the voter base and party perception over time? Did the party change its positions according to new voter priorities? \u2022 Shifts in ideology: How did the party ideology evolve overtime? Did it change its priorities or its discourse to adapt to the political environment? \u2022 Core values: What were your core values during the fight? Did these values change? How were these values reflected in the achievements? International factors 345 \u2022 Regional and international dynamics: What was the impact of major events in the international arena on the movement\u2019s strategic choices and course of action? \u2022 Third-party intervention: Did the movement rely on external support bases such as diaspora communities or foreign allies? What degree of international legitimacy and recognition did the movement enjoy, and what strategies were employed to harness international assistance? What degree of financial, human, or logistical support was offered by foreign agencies for post-war peacebuilding? Achievements \u2022 How do you evaluate the success of your party on a political level? \u2022 What do you consider your biggest achievements? These could be lobbying efforts that made an impact on public opinion, proposed laws that paved the way for a meaningful change, laws that were ratified, or a constitutional change \u2022 How difficult was it to reach these goals and what factors if any helped advance or hampered these achievements? \u2022 Were those achievements in line with the demands or the reforms that lied at the core of your fight as an armed group? \u2022 Looking back at your past experiences, what actions do you regret taking and what decisions you regret making? \u2022 Did your history as a former armed group play any role in your overall performance? Did you feel you needed to demonstrate that your fight was worthwhile? Did your past experiences make you more productive or eager to deliver? Interviews were conducted with 45 persons; 8 regarding the Sinn F\u00e9in party, 14 in connection to the Lebanese Forces, 10 about the FMLN, and 10 with regards to the M-19. Informational meetings were also held with three ambassadors and two prominent scholars. The discussions were conducted in English, Spanish, French and Arabic depending on the case. The people interviewed include: Lebanese interviewees: 1. Richard Kouyoumjian, Former Minister of Social Affairs (May 2017) 346 2. Roy Badaro, Economic Adviser to the (November 2017) 3. Ghassan Hasbani, Head of the Cedars Institute, former Deputy Prime Minister, former Minister of Health (May 2019) 4. Antoine Mrad, Advisor to the party leader for religious matters, former Editor in Chief of Radio Liban Libre (RLL) (May 2019) 5. Charles Jabbour, Head of Media Department (May 2019) 6. Elie Khoury President advisor for Foreign Affairs and Head of Lebanese Information Center (LIC) (May 2019) 7. Me. Fady Zarifeh Assistant Secretary General for Administrative Affairs (May 2019) 8. Dr. Wissam Raji, Head of the Center for Democracy and Governance (CDDG) (May 2019) 9. Elie Baraghid, Head of Party Leader\u2019s office (May 2019) 10. Elie Hindi, former Head of Middle East Institute for Research and Strategic Studies (June 2019) 11. Dr. Antoine Habchi, Head of Political Formation department Member of Parliament since 2018 (July 2019) 12. Georges Okais Member of Parliament and Member of the Parliamentary Committee on the Public Procurement Law (February 2022) 13. Richard Kouyoumjian (May 2017 & June 2020) 14. Antoine Najem, Philosopher and one of the most influential thinkers behind the Kataeb/Lebanese Forces ideology (June 2022) Irish interviewees: 15. S\u00e9anna Walsh, former prisoner, former member of the Belfast city Council, and Legacy Officer (October 2017) 16. Ruadha\u0301n Mac Aodha\u0301in, former Sinn F\u00e9in member (July 2019) 17. Micheal Mac Donncha, former An Phoblacht journalist, former Dublin City Counselor, and former Lord Mayor of Dublin from 2017-2018 (July 2019) 18. Feilim O'hAdhmaill, Sinn F\u00e9in Member, former prisoner, and lecturer in the School of Applied Social Studies, University College Cork, Ireland (August 2019 & June 2022) 347 19. Jim Gibney, main contact between the prisoners during the hunger strike, one of the Sinn Fein leaders for 30 years, currently advisor to senator Niall O'Donnghaile (November 2019) 20. Feilim O'hAdhmaill (June 2022) Salvadoran interviewees: 21. Juan Javier Martinez, former Vice-Minister of Justice and Vice-Minister of Security (October 2017) 22. Salvador Samayoa, one of the signatories of the Chapultepec peace agreement, former Minister of Education (May 2018 & May 2022) 23. Roberto Can\u0303as, former member of the peace agreement negotiating team, and former member of the Political Commission and the National Council of the (May 2018) 24. Ana Guadalupe Martinez, one of the founders of the FMLN, one of the signatories of the Chapultepec peace agreement, twice member of parliament, the first time with the and the second time with the Christian Democratic Party (PDC). Currently a member of the Leadership party. (May 2018) 25. Charlin Suniga, National Secretary of the Youth (May 2018) 26. Francisco Jovel, one of the signatories of the Chapultepec peace agreement, former member of the General Command of the FMLN, former leader from 1979 to 1992. Left the to join the FDR. Currently a legislative analyst (May 2018) 27. Roger Alberto Blandino, former militant, twice Mayor of Mejicanos and twice Member of Parliament (May 2018) 28. Rolando Mata, former militant and former (3 terms) Member of Parliament (May 2018) 29. Lorena Pen\u0303a, former Member of Parliament, and former First Vice President of the Legislative Assembly of El Salvador (May 2022) 30. Salvador Samayoa (May 2022) Colombian interviewees: 348 31. Dario Villamizar, former Secretary of the Collegial administration of the M-19 & former President of the International Secretariat of the M-19 (January 2017) 32. Alvaro Villaraga, former member of the (April 2017) 33. Armando Novoa, former member of the M-19, former advisor to the M-19 for the Constituent Assembly (April 2018) 34. Camilo Gonza\u0301les Posso, former M-19 Minister of Health and currently president of INDEPAZ, the Institute for Peace and Development (April 2018) 35. Carlos Franco, former member of the central command of the EPL, former President of the M-19, Director of the Colombia Presidential Human Rights Program from 2002- 2010 (April 2018) 36. Otty Pati\u00f1o, former member of M-19 and former member of the Constituent Assembly (May 2018) 37. Pablo Tattay, one of the founders of the Quint\u00edn Lame indigenous guerrilla (May 2018) 38. Rosemberg Pab\u00f3n, former leader of the M-19, one of the main executers of the Dominican Republic Embassy siege, former member of the Constituent Assembly, former mayor of Yumbo, former Senator. 39. Antonio Navarro, former Member of the Constituent Assembly, former Minister of Health, former Mayor of Pasto, former Congressman, former Governor of Nari\u00f1o, Senator (June 2018) 40. Dario Villamizar (Jan 2017 & May 2022) Scholars: 41. Dr. Carrie Manning (May 3 2022) 42. Dr. John Young (May 2, 2022) Ambassadors: 43. Dr. Gerard McCoy, Irish Ambassador to the Kingdom of Saudi Arabia (January, 2022) 44. Dr. Nelson Yemil Chab\u00e9n, Uruguayan ambassador to the Kingdom of Saudi Arabia (December 2021) 349 45. Mr. Cosbert Rubushe, South African ambassador to the Kingdom of Saudi Arabia (December 2021) 46. Dr. Miguel Ceballos, former High Commisioner for Peace and presidential candidate in Colombia (October 2022) In addition, and in order to later use as part of the analysis, a collection of the archives of the M-19 were gathered from Mr. Dario Villamizar who shared more than 250 documents including party statutes, draft legislations, media coverage, minutes of meetings, and different types of correspondences. 350 351 M-19 Contribution Mechanism Convention/Instrument Convention/Instrument Excerpt Promoted gender equality M-19 Senator proposed legal instruments that would enhance women\u2019s role and participation in society Art. 3 of States Parties shall take in all fields, in particular in the political, social, economic and cultural fields, all appropriate measures, including legislation, to ensure the full development and advancement of women , for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men. Promoted the right to form unions M-19 proposals for the Constituent Assembly Art. 8 of The right of everyone to form trade unions and join the trade union of his choice, subject only to the rules of the organization concerned, for the promotion and protection of his economic and social interests. No restrictions may be placed on the 352 exercise of this right other than those prescribed by law and which are necessary in a democratic society in the interests of national security or public order or for the protection of the rights and freedoms of others Promoted the right for health protection and social security M-19 proposals for the Constituent Assembly Art. 9 of Right to social security, including social insurance Promoted the right to housing and property ownership M-19 proposals for the Constituent Assembly Art. 11 of The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of 353 international co-operation based on free consent. Promoted better health for all Participation in government (Health Ministry) Art. 12 of Right to the enjoyment of the highest attainable standard of physical and mental health Promoted the right to education M-19 proposals for the Constituent Assembly Art. 13 of The States Parties to the present Covenant recognize the right of everyone to education. They agree that education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms. They further agree that education shall enable all persons to participate effectively in a free society, promote understanding, 354 tolerance and friendship among all nations and all racial, ethnic or religious groups, and further the activities of the United Nations for the maintenance of peace. Art. 15 of Right to take part in cultural life Advocated against death penalty M-19 proposals for the Constituent Assembly Art. 6 of Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life. Promoted the prohibition of cruel, inhumane and degrading treatment M-19 proposals for the Constituent Assembly Art. 7 of No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation. 355 Promoted dialogue and non-violent solutions Adopted peace language Art. 20 of Any propaganda for war shall be prohibited by law. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law. Defended the rights of ethnic minorities M-19 proposals for the Constituent Assembly Art. 27 of In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language. Promoted consumer protection M-19 proposals for the Constituent Assembly Art. 4 of Member States should develop, strengthen or maintain a strong consumer protection policy, taking into account the guidelines set out below and relevant international agreements. In so doing, each Member State must set its own 356 priorities for the protection of consumers in accordance with the economic, social and environmental circumstances of the country and the needs of its population, and bearing in mind the costs and benefits of proposed measures F\u00c9IN Contribution Mechanism Convention/Instrument Convention/Instrument Excerpt Promoted gender equality Intra-party measures: *Elected a woman as leader of the party *Adopted quotas for female leadership positions in the party Art. 7 of States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right: (a) To vote in all elections and public referenda and to be eligible for election to all publicly elected bodies; (b) To participate in the formulation of government policy and the 357 implementation thereof and to hold public office and perform all public functions at all levels of government; (c) To participate in non- governmental organizations and associations concerned with the public and political life of the country. 358 Promoted gender equality Draft bills including: *Domestic Violence *Paid Leave Art. 11 of & Art. 4 of Declaration on the Elimination of Violence against Women Article 11 of 1. States Parties shall take all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure, on a basis of equality of men and women, the same rights, in particular: (a) The right to work as an inalienable right of all human beings; (e) The right to social security, particularly in cases of retirement, unemployment, sickness, invalidity and old age and other incapacity to work, as well as the right to paid leave; Art. 4 of Declaration on the Elimination of Violence against Women States should condemn violence against women and should not invoke any custom, tradition or religious consideration to 359 avoid their obligations with respect to its elimination. States should pursue by all appropriate means and without delay a policy of eliminating violence against women 360 Promoted gender equality Policy documents such as: *The Vision for Women\u2019s Healthcare Art. 12 of States Parties shall take all appropriate measures to eliminate discrimination against women in the field of health care in order to ensure, on a basis of equality of men and women, access to health care services, including those related to family planning. Notwithstanding the provisions of paragraph of this article, States Parties shall ensure to women appropriate services in connection with pregnancy, confinement and the post- natal period, granting free services where necessary, as well as adequate nutrition during pregnancy and lactation. Advocated for rights Campaigned in support of same- sex marriage Art. 2 of Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, 361 language, religion, political or other opinion, national or social origin, property, birth or other status. Fought discrimination on the basis of accent and social status *Draft Bill to prohibit discrimination on the basis of someone\u2019s accent or perceived socio-economic background Art. 2 of Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Defended the rights of rural communities and low-income families Suggested amendments to the Climate Action and Low Carbon Development Bill, to reduce the heavy burden (taxes and job losses) it put on rural communities, and vulnerable workers and their families. Art. 7 of Right to just and favourable conditions of work 362 Promoted the right to social assistance and protection Draft Bills such as: *Parental bereavement leave, that proposed to give mourning parents a legal right to time off work Art. 10 of Right to the widest possible protection and assistance for the family, especially mothers, children and young persons Promoted adequate housing and social equality Draft Bills such as: *Amendment of the Affordable Housing Act to remove an exemption that benefits developers and investors at the expense of disadvantaged communities Art. 11 of The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent. 363 Promoted equal access to education Draft Bills: *Bill that aims to regulate the seeking of 'voluntary contributions' to ensure equal access to education to all Irish citizens Art. 13 of The States Parties to the present Covenant recognize the right of everyone to education. The States Parties to the present Covenant recognize that, with a view to achieving the full realization of this right: (a) Primary education shall be compulsory and available free to all; (b) Secondary education in its different forms, including technical and vocational secondary education, shall be made generally available and accessible to all by every appropriate means, and in particular by the progressive introduction of free education; (c) Higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the 364 progressive introduction of free education Advocated in favor of ethnic minorities and asylum seekers Policies: *Included anti- racist elements in its manifestos *Opposed limiting the right to citizenship *Campaigned for amnesty for asylum seekers *Supported the rights of the 'traveller community' Art. 27 of In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language. 365 Promoted consumer protection Draft Bills: *Bill in favor of householders who are supplied with excess electricity from small scale renewable energy *Bill to tackle bogus self- employment *Ban on Rent Increases Bill *Insurance Bill to ban the practice of 'dual pricing' Art. 4 of Member States should develop, strengthen or maintain a strong consumer protection policy, taking into account the guidelines set out below and relevant international agreements. In so doing, each Member State must set its own priorities for the protection of consumers in accordance with the economic, social and environmental circumstances of the country and the needs of its population, and bearing in mind the costs and benefits of proposed measures. Helped improve transparency and accountability Draft Bill: *Regulation of Lobbying Bill to improve transparency and accountability in Irish political lobbying Art. 5 of Each State Party shall, in accordance with the fundamental principles of its legal system, develop and implement or maintain effective, coordinated anti- corruption policies that promote the participation 366 of society and reflect the principles of the rule of law, proper management of public affairs and public property, integrity, transparency and accountability Contribution Mechanism Convention/Instrument Convention/Instrument Excerpt Promoted gender equality Intra-party measures: *Created a special department intended for activating the role of women *Made some efforts to put women at the fore Art. 7 of States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right: (a) To vote in all elections and public referenda and to be eligible for election to all publicly elected bodies; (b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public 367 functions at all levels of government; (c) To participate in non- governmental organizations and associations concerned with the public and political life of the country. 368 Promoted gender equality Passed legislation: *Repealed article 562 of the criminal code, a law mitigating the sentence of perpetrators of 'honor crimes' Draft bills: *To introduce tougher penalties on crimes of killing, wounding, injuring or beating women *Against a law that exonerates a perpetrator of sexual offence who married his victim *To increase penalties for the murdering, wounding, abusing and beating of wives and women *To amend Art. 2 of Condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: (a) To embody the principle of the equality of men and women in their national constitutions or other appropriate legislation if not yet incorporated therein and to ensure, through law and other appropriate means, the practical realization of this principle 369 articles of the Lebanese Penal Code relating to crimes of marital rape *To end discrimination between men and women especially in relation to the offense of adultery Promoted gender equality and child protection Draft Bill: *To prevent child marriage Art. 16 of The betrothal and the marriage of a child shall have no legal effect, and all necessary action, including legislation, shall be taken to specify a minimum age for marriage and to make the registration of marriages 370 in an official registry compulsory. Promoted children rights Draft bill: *To ban corporal punishment Art. 19 of States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child. 371 Demanded adequate government protection and assistance Draft Bill: *To establish a government body tasked with the management of crisis, emergencies and disasters (Following the August 2020 Beirut port explosion) *To demand tax exemption on basic food products and other services and commodities such as transportation, pharmaceutical products, and stationaries (Following the 2019 economic collapse) Art. 11 of The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent. 372 Promoted measures to attend vulnerable groups, including children, women, people with special needs, the elderly, drug- addicted, and the destitute As members of government: *Improved the provision and quality of services in remote areas *Redirected wasted resources to benefit the neediest section of the population *Dramatically improved poor families' access to food stamps *Secured seasonal financial aid through *Developed several programs to protect children and reduce domestic violence *Initiated the Disability Rights Act, to include a minimum of Art. 9 & 11 of & Art. 29 Art. 9 of ICESC: Right to an adequate standard of living & Right to social security, including social insurance Art. 11 of ICESC: The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. Art. 29 of To promote actively an environment in which persons with disabilities can effectively and fully participate in the conduct of public affairs, without discrimination and on an equal basis with others, and encourage their participation in public affairs 373 three percent of people with disabilities in the public sector *Initiated the work to develop the disability rights insurance program 374 Promoted better health for all As members of government: *Initiated the legal and administrative framework for comprehensive health coverage *Launched the distant hospitalization initiative *Supported the local pharmaceutical industry *Initiated a food safety campaign *Improved a hotline service to attend to peoples\u2019 medical needs *Initiated a number of programs aimed at raising awareness about detection and prevention of disease Art. 12 of Right to the enjoyment of the highest attainable standard of physical and mental health 375 *Modernized the health service and medical care *Introduced the digitization of services. 376 Promoted education for all Draft Bill: *To compel the government to contribute funds to children education Art. 13 of The States Parties to the present Covenant recognize the right of everyone to education. The States Parties to the present Covenant recognize that, with a view to achieving the full realization of this right: (a) Primary education shall be compulsory and available free to all; (b) Secondary education in its different forms, including technical and vocational secondary education, shall be made generally available and accessible to all by every appropriate means, and in particular by the progressive introduction of free education; (c) Higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the 377 progressive introduction of free education Campaigned against death penalty Draft Bill: *To abolish death penalty Art. 6 of Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life. Promoted dialogue and non-violent solutions *Presented a public act of contrition *Adopted a peace language *Invited constituents to bypass Art. 20 of Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law. 378 sectarianism and focus on a national project Promoted children rights Draft Bills: *To set a minimum age for marriage Art. 24 of Rights of children Promoted integrity and combatted the practices of corruption and smuggling Passed Legislation: *To lift banking secrecy to facilitate a forensic audit of the country's central bank Draft bills: *To make the High Judicial Council less vulnerable to political pressure *To combat corruption in the private sector *To promote the right to access information Art 1. of the Resolution 9/1 To promote and strengthen measures to prevent and combat corruption more efficiently and effectively; (b) To promote, facilitate and support international cooperation and technical assistance in the prevention of and fight against corruption, including in asset recovery; (c) To promote integrity, accountability and proper management of public affairs and public property. 379 *To impede smuggling, a practice that was causing great harm to the national economy Contribution Mechanism Convention/Instrument Convention/Instrument Excerpt Promoted human rights Government policy: *Appointed a National Counsel for the Defense of Human Rights tasked with monitoring the human rights situation at the national and in stitutional level *Established National commissions for Art. 2 of Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 380 the search of disappeared children and adults *National Food Security and Nutrition Policy *National Sexual and Reproductive Health Policy *Streamlined human rights practices making them a guiding principle for the work of the State Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant. 381 Promoted gender equality and fought disrimination on the basis of gender Government policies: *Girls and women\u2019s rights markedly improved, and special courts to address gender- based violence were set up *Special provisions to prevent discrimination on the basis of sexual orientation and gender identity in public administration were put in place *Gender Equity and Equality Policy and implementation plan of the Ministry of Education *National Equality Plan Art. 2 of & Art. 2 of Art. 2 of Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Art. 2 of Condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: (a) To embody the principle of the equality of men and women in their national constitutions or other appropriate legislation if not yet incorporated therein and to ensure, through law and other appropriate means, the 382 *Action plan for the National Policy on Access to a Violence- Free Life for Women *Strategy for the Prevention of Femicide and Sexual Violence against Women practical realization of this principle 383 Promoted gender equality and fought disrimination on the basis of gender Government policies (cont'd): *The Salvadoran Institute for Women Development (ISDEMU) *Banca Mujer *Specialized Courts for a Life Free of Violence and Discrimination against Women *Pact for the Defense of Civil and Political Rights of Women *National System for Substantive Equality and its National Plan *System of Statistics and Monitoring for Equality *Safe El Salvador Plan (addressing gender-based violence) Art. 2 of & Art. 2 of Art. 2 of Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Art. 2 of Condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: (a) To embody the principle of the equality of men and women in their national constitutions or other appropriate legislation if not yet incorporated therein and to ensure, through law and other appropriate means, the 384 *Policy on Sexual and Reproductive Health *Created the Sexual Diversity Division, under the Social Inclusion Secretary *Established women specific budgets in all ministries practical realization of this principle 385 Promoted gender equality Intra-party measures: *Established quotas for woman representation Art. 7 of States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right: (a) To vote in all elections and public referenda and to be eligible for election to all publicly elected bodies; (b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government; (c) To participate in non- governmental organizations and associations concerned with the public and political life of the country. 386 Promoted social inclusion, gender equality and rights Legislation: *The Domestic Violence Act *Special Comprehensive Act on a Violence- Free Life for Women *Act on Equality, Equity and the Elimination of Discrimination against Women *Act on the Promotion, Protection and Development of Microenterprises and Small Businesses (women targeted) *Law on Political Parties (quota for women candidates) *Presidential decree recognizing Lesbian, Gay, Art. 2 of Art. 2 of States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women Art. 2 of Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 387 Bisexual, and Transgender *Bill for a new Gender Identity Law *National Plan for Development, Protection and Social Inclusion Ensured the protection of Salvadoran migrants Passed legislations: *Adopted the Special Act on the Protection and Advancement of Salvadoran Migrants and Their Families Art. 7 of International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families States Parties undertake, in accordance with the international instruments concerning human rights, to respect and to ensure to all migrant workers and members of their families within their territory or subject to their jurisdiction the rights provided for in the present 388 Convention without distinction of any kind such as to sex, race, colour, language, religion or conviction, political or other opinion, national, ethnic or social origin, nationality, age, economic position, property, marital status, birth or other status. Promoted social safety Passed legislation: *Adopted the Framework Act on Civic Harmony and Antisocial Behaviour Art.3 of the Everyone has the right to life, liberty and security of person. Promoting youth employment Government policy: *Established the 'Young People with Everything' employment and employability program Art. 6 of The States Parties to the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right. 389 Promoted just and favorable conditions of work Government policy: *National Policy on Decent Work Art. 7 of The States Parties to the present Covenant recognize the right of everyone to the enjoyment of just and favourable conditions of work Promoted social protection Passed legislations: *Adopted the act on Social Development and Protection & the General Act on Prevention of Workplace Hazards Art. 9 of & Art. 3 of Art. 9 of The States Parties to the present Covenant recognize the right of everyone to social security, including social insurance Art. 3 of Everyone has the right to life, liberty and security of person. Promoted adequate standard of living Government policies *National Housing Policy *Amanecer Rural (Rural Dawn) program Art. 11 of The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take 390 appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent. Expanded healthcare to El Salvador\u2019s poor departments delivering quality medical access to underprivileged areas Government policies: *The National Women\u2019s Hospital *National Health Policy *National Policy on Social Participation in Health *Policy for Gender Equality and Equity in Health *Strategic National Plan to Reduce Maternal, Perinatal and Neonatal Mortality *National Art. 12 of The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health 391 Drinking Water and Sanitation Plan Expanded healthcare to El Salvador\u2019s poor departments delivering quality medical access to underprivileged areas Passed legislations: *The Medicines Act *The Mental Health Act *National Comprehensive Health System Act Art. 12 of The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health Alleviated education costs for disavantaged families Government actions/policies: *Provided free meals, school supplies, shoes, and uniforms to public school children Art. 13 of The States Parties to the present Covenant recognize the right of everyone to education 392 *National Literacy Program Promoted the right to education Passed legislations: *The General Education Act *Act on the Teaching Profession Art. 13 of The States Parties to the present Covenant recognize the right of everyone to education Reduced adult literacy rates by nearly half Government policy: *Initiated a community program where high schoolers taught reading, writing and basic math to illiterate adults in their community. Art. 13 of The States Parties to the present Covenant recognize the right of everyone to education 393 Promoted culture Passed legislation: *Enacted the Culture Act Art. 15 of The States Parties to the present Covenant recognize the right of everyone: (a) To take part in cultural life; (b) To enjoy the benefits of scientific progress and its applications; (c) To benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author Promoted culture Government policy: *Public Policy on Culture Art. 15 of The States Parties to the present Covenant recognize the right of everyone: (a) To take part in cultural life; (b) To enjoy the benefits of scientific progress and its applications; (c) To benefit from the protection of the moral and material interests resulting from any scientific, literary or 394 artistic production of which he is the author Promoted prison rehabilitation Government policy: *The \u201cI\u2019m Changing\u201d prison management program Art. 10 of the Basic Principles for the Treatment of Prisoners With the participation and help of the community and social institutions, and with due regard to the interests of victims, favourable conditions shall be created for the reintegration of the ex- prisoner into society under the best possible conditions. Promoted judicial independence Chapultepec agreement: *The reforms requested that Supreme Court justices, the attorney general, the state counsel, and the newly established National Counsel Art. 14 of All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial 395 for the Defense of Human Rights all be elected by 2 out of 3 members of the legislative assembly. tribunal established by law. Restored trust in the justice system General Amnesty Act of 1993 declared unconstitutional Art. 14 of All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. 396 Promoted freedom of opinion and expression Government policy: *Banned political persecution and promoted freedom of thought Art. 19 of 1. Everyone shall have the right to hold opinions without interference. 2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice. 3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; (b) For the protection of national security or of public order (ordre 397 public), or of public health or morals. Promoted the right to freedom of association Government policy: *Promoted freedom of organization Art. 22 of Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests. 398 Promoted children rights Passed legislation: *The Child and Adolescent Protection Act *The General Act on Young People *The Special Act for the Regulation and Establishment of Employer- Sponsored Childcare Facilities Art. 24 of Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State. Promoted children rights Government Policies: *National Policy for the Comprehensive Protection of Children and Adolescents *National Cross- sectoral Strategy for the Prevention of Child and Adolescent Pregnancy Art. 24 of Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State. 399 *National Strategy for Comprehensive Early Childhood Development Promoted citizen participation in democratic decision-making Government policies: *Citizen Participation Policy of the executive branch *More democratic voting system *Absentee voting system for Salvadorans living abroad Art. 25 of Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions: (a) To take part in the conduct of public affairs, directly or through freely chosen representatives; (b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors; (c) To have access, on general terms of equality, 400 to public service in his country Promoted the rights of indigenous people Passed legislation: Amended article 63 of the Constitution to reflect its recognition of indigenous people\u2019s rights Art. 27 of In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language Promoted the rights of indigenous people Government policies: *Public Policy for the Indigenous Peoples of El Salvador Art. 27 of In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in 401 *National Health Policy for the Indigenous Peoples of El Salvador *National Action Plan for the Indigenous Peoples of El Salvador community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language Promoted the rights of the elderly Passed legislation: *Act on Comprehensive Care for Older Persons Articles 1-18 of the United Nations Principles for Older Persons Older Persons's rights for independence, participation, care, self- fulfilment, and dignity Promoted transparency Passed legislation: *Access to Public Information Act Art 5. of the 1. Each State Party shall, in accordance with the fundamental principles of its legal system, develop and implement or maintain effective, coordinated anti- corruption policies that promote the participation of society and reflect the principles of the rule of law, proper management of public affairs and public property, integrity, 402 transparency and accountability. 2. Each State Party shall endeavour to establish and promote effective practices aimed at the prevention of corruption. Combatted trafficking in persons Passed legislation: *Special Act against Trafficking in Persons Art. 6 of the Convention against Transnational Organized Crime Assistance to and protection of victims of trafficking in persons 403 Ratified conventions Government action Ratified the: *Optional Protocol to the International Covenant on Economic, Social and Cultural Rights *Second Optional Protocol to the International Covenant on Civil and Political Rights *Rome Statute of the International Criminal Court *Convention relating to the Status of Stateless Persons *Optional Protocol to the Convention on the Rights of the Child Withdrew its reservation to: *The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 404 405 ACE, t. E. K. N. Electoral Systems. Acemoglu, D., Naidu, S., Restrepo, P., & Robinson, J. (2019). Democracy Does Cause Growth. Journal of Political Economy, 127(1). 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The Easter Rising (1916) in Ireland and its Historical Context: The Campaign for an Irish Democracy. \u00d3 Laoghaire, D. T. (2019). Sinn F\u00e9in publishes legislation on voluntary contribution \u00d3gra Sinn F\u00e9in Instagram Account.). \u0627\ufedf\ufee8\ufec8\ufe8e\u0645 \u0627\ufedf\ufeaa\u0627\ufea7\ufee0\ufef2 Lebanese Forces Statutes."} |
7,275 | Chernoh Sesay | Chicago State University | [
"7275_101.pdf",
"7275_102.pdf",
"7275_103.pdf",
"7275_104.pdf",
"7275_105.pdf"
] | {"7275_101.pdf": "Emily Bryson, Plaintiff-appellant, v. Chicago State University, Dr. Chernoh Sesay, As Provost Andvice-president of Academic Affairs, and Board Ofgovernors of State Colleges Anduniversities, et al.,defendants- appellees, 96 F.3d 912 (7th Cir. 1996 Court of Appeals for the Seventh Circuit - 96 F.3d 912 (7th Cir. 1996) Argued April 15, 1996. Decided Sept. 18, 1996 James P. Nally, Cheryl Alesia, Fioretti & Desjardins, Chicago, IL, for Emily Bryson. Edward B. Miller, Patricia J. Hill, Seyfarth, Shaw, Fairweather & Geraldson, Chicago, IL, David L. Stanczak (argued), Dunn, Ulbrich, Hundman, Stanczak & Ogar, Bloomington, IL, for Chicago State University, Board of Governors of State Colleges and Universities. Karen J. Dimond (argued), Office of the Attorney General, Civil Appeals Division, Chicago, IL, for Avan Billimoria. Before and P. WOOD, Circuit Judges P. WOOD, Circuit Judge. 2/17/25, 2:06 Emily Bryson, Plaintiff-appellant, v. Chicago State University, Dr. Chernoh Sesay, As Provost Andvice-president of Academic Affairs,\u2026 1/8 Emily Bryson is a tenured full professor at Chicago State University. She claimed, in a lawsuit brought under Title VII, 42 U.S.C. \u00a7\u00a7 2000e-2(a), et seq., that she had been the victim of quid pro quo sexual harassment inflicted by then-Provost Chernoh Sesay. She also raised claims of hostile environment sexual harassment, intentional infliction of emotional distress, and sexual assault and battery, but she does not pursue them on appeal. The district court granted summary judgment to Chicago State University, Sesay, and the other defendants named in the suit, on the ground that Bryson failed adequately to demonstrate that she had lost any tangible employment benefit as a result of her rejections of Sesay. Because we conclude that the record reveals genuine issues of fact on this point, we reverse and remand for further proceedings. * In an appeal from the denial of summary judgment, our review is de novo, and we take the facts in the light most favorable to the party opposing the motion. See, e.g., Vitug v. Multistate Tax Comm'n, 88 F.3d 506, 511 (7th Cir. 1996); Fuka v. Thomson Consumer Electronics, 82 F.3d 1397, 1402 (7th Cir. 1996); Mlsna v. Unitel Communications, Inc., 41 F.3d 1124, 1127 (7th Cir. 1994). Our recital of the background proceeds from that perspective. Bryson joined the Chicago State faculty in January 1980, to work as a Bibliographic Instruction Librarian in the Library and Learning Resources Center. She was awarded tenure in 1983, and she attained full professor rank in 1990. From November 1989 to June 1990, Bryson was assigned the \"in-house title\" of \"Special Assistant to the Dean\" of Library and Learning Resources (LLR). In that capacity, she performed various administrative duties for the Acting Dean of LLR, Joshu Patel. In-house titles are used by Chicago State to designate additional responsibilities that faculty members undertake. They are not administrative titles, in the sense that the titles \"assistant professor,\" \"dean,\" or \"provost\" are, but they are important nonetheless. Faculty members enjoying an in-house title have that title reflected in the University Directory, and it is commonly used in addressing the individual in written correspondence. Furthermore, in-house titles are important for professional advancement, according to the testimony of several witnesses for Bryson, including Dr. Sherri Coe-Perkins, Dr. Patricia Atherton, and Thomas Vaughn. Bryson continued to hold her title as Special Assistant to the Dean during the academic year 1990-91, when she performed those tasks for Acting Dean Annie Moore. At that time, she had significant administrative responsibilities, including managing and evaluating 65 student workers, responsibility for two library budgets, and generating and coordinating statistical information. In addition, Bryson served on both ad hoc and standing committees at the University. She was a member of the prestigious Budget Committee, which is an 2/17/25, 2:06 Emily Bryson, Plaintiff-appellant, v. Chicago State University, Dr. Chernoh Sesay, As Provost Andvice-president of Academic Affairs,\u2026 2/8 advisory committee that reviews the budget and makes recommendations for the entire university. She was also on the Assessment Committee and the Retention Committee, two assignments made by appointment by the President or the Provost. In addition, she was on the Strategic Planning Committee, the Council of Faculties, the Executive Advisory Council to the Dean of the Library, and the Library Faculty Personnel Committee. Thomas Vaughn and Coe-Perkins both testified in depositions that service on committees allows a faculty member to gain credentials and qualifications and directly affects career advancement. Bryson herself also testified that even after a faculty member earns full tenure and promotion, a professor is still evaluated in the areas of research, creativity, and service; committee assignments form a critical part of the latter consideration. The Board of Governors of State Colleges and Universities has an Administrative Fellowship Program, which is designed for faculty members who have the potential for leadership in administration. Participants are selected carefully from among those who have demonstrated significant administrative skills, and only one person per year from each constituent institution in the system is chosen as a Fellow. Bryson was the lucky person from Chicago State for the academic year 1991-92. She spent her fellowship at Eastern Illinois University, under the mentorship of the President of that university, Dr. Stanley Rives. At the end of that year, she returned to Chicago State. It was upon her return that her problems with Dr. Sesay, the Provost, reached the point of tangible changes in her employment position. This happened, she alleged, because she refused his repeated sexual overtures to her, which we now recount. Chernoh Sesay was appointed Provost and Vice-President of Academic Affairs at Chicago State in July 1990. The Provost has full control and responsibility over faculty affairs at the university; he reports directly to the President. Sesay knew Bryson and supported her in her successful bid for an Administrative Fellowship. In January 1991 (after her selection but before she began her Fellowship), he began to make sexually suggestive and derogatory comments to her and to attempt to engage in improper physical contact with her. For example, in December 1990 at the President's Christmas party, Sesay approached Bryson, caressed her shoulders, pushed his body against hers, and whispered \"when are you going to come over and start cooking for me?\" Bryson jerked away and retorted don't cook for anybody.\" In February 1991, while both Sesay and Bryson were visiting Governor's State (another campus in the system), Sesay asked Bryson to get into his car and go back to his hotel with him, so that they could \"relax.\" Bryson refused. On numerous other occasions, he also suggested that they \"relax\" together, but she consistently rejected him. Several times in his office, he tried to kiss her. Once, in May 1991, he asked her into his office to 2/17/25, 2:06 Emily Bryson, Plaintiff-appellant, v. Chicago State University, Dr. Chernoh Sesay, As Provost Andvice-president of Academic Affairs,\u2026 3/8 discuss a library-related matter, but when she stood up to leave, he ran his hand up her dress and fondled her behind. Sesay's inappropriate behavior continued during Bryson's fellowship at Eastern Illinois University. At a President's function in October 1991, he approached Bryson and asked, \"Why aren't you going to let me up into your room? Let's go relax have something big to show you.\" Her rejections continued, however, and when in May 1992 he again asked her to come to his room to \"relax\" and she again refused, he warned her, \"You had better do what say or you're going to be sorry.\" In June 1992, Bryson met with Chicago State President Dolores E. Cross to discuss her return. She said that she intended to return to her old position of Special Assistant to the Dean. Cross then called Sesay into the meeting. Sesay told her that the administrative title of \"Special Assistant to the Dean\" had never existed and that she had never performed those duties. Bryson interpreted this to mean that if she did not give in to his advances, she would have to work her way back up again. Sesay also told Bryson that all her tasks of special assistance to the dean had been reassigned to other people, and that she would be returned to bibliographic instruction work, her entry level position in 1980. Guy Craft, the Dean of LLR, told Bryson the next day that he had been instructed by his supervisors to \"put [her] back as bibliographic instruction librarian.\" Upon her return to Chicago State, although her work assignment \"units\" reflected the same number devoted to special assistance tasks as before, both her job description and her actual duties were diminished. By January 1993, all her special assistance responsibilities were deleted from her assignment. She filed a grievance with her union, which had the effect of permitting her to continue performing the disputed administrative tasks pending the outcome of the proceeding. In the end, she retained her duties as Special Assistant to the Dean, but she lost her in-house title. She also found herself frozen out of the university's administrative committees, even though appointments were made on an annual basis to most of them. She was denied reappointment to the Budget Committee, the Assessment Committee, and the Retention Committee, in spite of her expressed desire to continue serving. Her written request to serve on several other committees also fell on deaf ears. In Bryson's view, Sesay had made good on his threats. She filed a charge with the on August 11, 1992, alleging that she was the victim of sexual harassment by Sesay. She argued that she was denied the employment benefits of membership on various administrative committees and the title of Special Assistant to the Dean as a direct result of her rebuffing Sesay's unwanted sexual advances. She received her right to sue letter on August 18, 1993, 2/17/25, 2:06 Emily Bryson, Plaintiff-appellant, v. Chicago State University, Dr. Chernoh Sesay, As Provost Andvice-president of Academic Affairs,\u2026 4/8 and filed a complaint with the district court on November 18, 1993, alleging both quid pro quo and hostile work environment sexual harassment. On July 15, 1994, the district court dismissed the defendants in their individual capacities and dismissed the hostile environment count and supplementary state claims for intentional infliction of emotional distress and sexual assault and battery. The court granted summary judgment to all defendants on the remaining quid pro quo claim on September 13, 1995 Even before the Supreme Court recognized the validity of the hostile work environment theory of sexual harassment in Meritor Savings Bank v. Vinson, 477 U.S. 57, 106 S. Ct. 2399, 91 L. Ed. 2d 49 (1986), it had been plain that Title VII's protection against sex discrimination reached harassment that was directly linked to the grant or denial of an economic quid pro quo. See, e.g., Horn v. Duke Homes, 755 F.2d 599, 603 (7th Cir. 1985); Simmons v. Lyons, 746 F.2d 265, 270 (5th Cir. 1984); Katz v. Dole, 709 F.2d 251, 256 n. 6 (4th Cir. 1983); Craig v Snacks, Inc., 721 F.2d 77, 80 (3d Cir. 1983). Cf. Meritor Savings Bank, 477 U.S. at 65, 106 S. Ct. at 2404. See generally Catherine MacKinnon, Sexual Harassment of Working Women Case of Sex Discrimination (1979). Quid pro quo harassment occurs in situations where submission to sexual demands is made a condition of tangible employment benefits. Dockter v. Rudolf Wolff Futures, Inc., 913 F.2d 456, 461 (7th Cir. 1990). The Guidelines on Sexual Harassment, 29 C.F.R. \u00a7 1604.11(a), describe it as follows: \"Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment\" [or] \"submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual.\" In order to prove such a claim, many courts of appeals use a five-part test, asking whether the plaintiff has shown (1) that she or he is a member of a protected group, (2) the sexual advances were unwelcome, (3) the harassment was sexually motivated, (4) the employee's reaction to the supervisor's advances affected a tangible aspect of her employment, and (5) respondeat superior has been established. See, e.g., Chamberlin v. 101 Realty, Inc., 915 F.2d 777, 783 (1st Cir. 1990); Spencer v. General Electric Co., 894 F.2d 651, 658 (4th Cir. 1990); Highlander v. K.F.C. National Management Co., 805 F.2d 644, 649 (6th Cir. 1986); Jones v. Flagship International, 793 F.2d 714, 721-22 (5th Cir. 1986); Henson v. City of Dundee, 682 F.2d 897, 903-05 (11th Cir. 1982). Element (1) is plain enough, and a common part of many kinds of discrimination claims. Element (2) focuses on the unwelcome nature of the sexual advances from the point of view of the recipient, while element (3) asks whether the harasser was looking for sexual favors or something else. Element (4) asks 2/17/25, 2:06 Emily Bryson, Plaintiff-appellant, v. Chicago State University, Dr. Chernoh Sesay, As Provost Andvice-president of Academic Affairs,\u2026 5/8 what the \"quo\" part of the quid pro quo was: what tangible aspect of employment was affected? Finally, element (5) recognizes that there is a need to link the employer to the actions of the harasser. We have no occasion here to decide whether these five elements perfectly capture today's law of quid pro quo harassment, or if it would be better to consolidate some or add others. For present purposes, they provide a useful framework for our discussion, which turns on only one element that we agree is critical. That element is number 4: what was the \"tangible employment benefit\" that was denied to Bryson, and was the denial a result of her refusal to submit to Sesay's demands? The question whether an employee has suffered a materially adverse employment action will normally depend on the facts of each situation. As this court noted recently in Smart v. Ball State University, 89 F.3d 437, 441 (7th Cir. 1996), a wide variety of actions, some blatant and some subtle, can qualify. See also McDonnell v. Cisneros, 84 F.3d 256, 258-60 (7th Cir. 1996); Collins v. State of Illinois, 830 F.2d 692, 703 (7th Cir. 1987). In Collins, the court found an adverse employment action when the employer transferred a library employee to a new department where the supervisors were unsure of her new duties, she was largely relegated to reference rather than consulting work, and she had lost her office and telephone. See also McCabe v. Sharrett, 12 F.3d 1558, 1564 (11th Cir. 1994) (employee suffered adverse job action where she had fewer responsibilities, was made to perform more menial tasks, and had lesser opportunity for salary increases in her new position). Bryson relies on the loss of two types of tangible employment benefits to meet this flexible test: first, she claims that her loss of the title Special Assistant to the Dean was a tangible adverse action, and second, she claims that her banishment from university committee work was such an action. Chicago State responds that the title had no independent meaning, and that committee work was nothing she could expect to do in any event. It stresses that she succeeded in retaining her tasks. The district court found that committee work was not essential to a tenured academic, and it expressed skepticism that anyone would really want to serve on committees in any event. It was similarly unimpressed with the loss of the title, which it found had only speculative value. The case would have been different, the court suggested, if Bryson had applied for tangible promotions such as a deanship and been unsuccessful. With respect, we believe that the district court failed to recognize that Bryson raised disputed issues of fact on the issue of loss of tangible employment benefit. Bryson came forward with evidence that her title conferred prestige and was important to further professional advancement. She came forward with similar evidence regarding her committee work. The title, for example, would communicate to others both within the State Colleges and Universities system and outside it what kind of responsibilities had been 2/17/25, 2:06 Emily Bryson, Plaintiff-appellant, v. Chicago State University, Dr. Chernoh Sesay, As Provost Andvice-president of Academic Affairs,\u2026 6/8 entrusted to her. Committee work, especially on important committees like Budget and Retention, is often a prelude to an administrative career. Bryson herself, it is undisputed, had been on a promising job track for such a career, since she won the coveted position of Board Administrative Fellow for 1991-92 sudden loss of all committee responsibilities and the stripping of a title one formerly held (when similar titles continued to be used throughout the university), if proven at trial, would be a loss of tangible employment benefits just as serious as moving an office to an undesirable location, relocating someone's personal files, or isolating the employee from others--all actions courts have held to qualify under Title in other cases. See Collins, 830 F.2d at 703. Universities have few \"carrots\" to dangle in front of tenured faculty members who reach full professorhood. The subtle indicia of job status and reward thus may, in a particular institution, take on an importance that may be far greater in context than would appear on the outside--indicia like honorary or in-house titles (that may have no budgetary effect, unlike their administrative counterparts) and committee assignments. The trier of fact must resolve the factual dispute over the reward structure that prevailed at Chicago State and how it related to the particular actions taken in Bryson's case. As the district court implicitly recognized, committee assignments and titles may play a part in preparing for an administrative academic career. The court erred in assuming that nothing adverse had happened to Bryson because she had not yet applied for a deanship. Depriving someone of the building blocks for such a promotion, if that is what a trier of fact thinks Chicago State did, is just as serious as depriving her of the job itself. Chicago State also claims that Bryson did not offer sufficient evidence of causation. Here again, the record shows genuine issues of fact. Bryson pointed both to direct evidence of causation and circumstantial evidence. The direct evidence was Sesay's remark to her in May 1992 that she \"had better do what say or [she'll] be sorry.\" The circumstantial evidence began building immediately thereafter. In the June 1992 meeting, Sesay made a statement that a trier of fact could interpret as a veiled threat, when he told her the administrative title of \"Special Assistant to the Dean\" had never existed and that she had never performed those duties. The title had obviously existed, whether it was an \"in-house\" title or something more formal, and she had just as plainly performed the duties. The contrast between her position at Chicago State prior to her fellowship and her position upon her return might also strike a trier of fact as telling. As Provost, Sesay was in a position to effect all these changes. This was all Bryson needed to defeat Chicago State's motion for summary judgment on the quid pro quo harassment charge. In closing, we note that Sesay himself is a separate party to this appeal. The district court correctly dismissed him in his individual capacity early in the proceedings. See Williams v. 2/17/25, 2:06 Emily Bryson, Plaintiff-appellant, v. Chicago State University, Dr. Chernoh Sesay, As Provost Andvice-president of Academic Affairs,\u2026 7/8 Banning, 72 F.3d 552, 555 (7th Cir. 1995). Thus, the only action remaining against Sesay is in his official capacity. Such an action is, however, identical to the action against Chicago State itself. We were informed at oral argument that Sesay is no longer Provost at Chicago State, which underscores the inappropriateness of continuing an \"official capacity\" harassment suit against him. Surely this is not an instance in which we would substitute his successor, although that is the usual step that is taken in official capacity actions. We therefore conclude that the suit against Sesay in his official capacity should have been dismissed because the proper defendant for that purpose was Chicago State itself. As this amounts to an alternative ground for affirming the district court's grant of summary judgment for Sesay, there is no need to remand for further proceedings on this part of the case. The decision of the district court granting summary judgment for Chicago State University is and the case is remanded for further proceedings consistent with this opinion. The district court's summary judgment dismissing the claims against Dr. Chernoh Sesay is AFFIRMED. 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, 2:06 Emily Bryson, Plaintiff-appellant, v. Chicago State University, Dr. Chernoh Sesay, As Provost Andvice-president of Academic Affairs,\u2026 8/8", "7275_102.pdf": "The Beacon 25* outside of PnssajcCoun Sesay harassment suit finalized photo by Sylvana Meneses/Beacon Provost Chernoh M. Sesay, pictured above from the winter commence- ment ceremony, has denied sexual harassment charges from Chicago State University in 1993. December 12, 1997 for a sexual harassment suit from 1993, which involved current William Paterson University Provost Chernoh Sesay. According to an article from the By Michael S. Laclair Staff Writer Professor Emily Bryson of Chicago State University was awarded $200,000 on Tuesday October 11, 1996 edition of the Chronicle of Higher Education, Bryson, a professor of library and learning resources, sued Chicago State University for sexual harass- ment. \"She claimed that she had been denied committee assignment and had lost her in-house title of spe- cial assistant to the dean of the library because she had spurred the advances of the university's provost at the time, Chernoh M. Sesay.\" In an article printed in the October 14, 1996 edition of the Beacon, \"Sesay claimed Bryson had made the charges after unsuc- cessfully pressuring him and the college's president to promote her to a post in the administration.\" Sesay explained he had been cleared of the charges, \"by the Illinois Chancellor of Education Office, The Illinois Department of Human Rights, and the Illinois Equal Employment Opportunity see page 3 Residence halls adopt new guest policy for students By Robyn Caputo News Contributor Effective as of this semester, a new guest policy is being enforced within the residence halls and the apartments. All guests entering the premises now need to present their school IDs when they sign in and the resident they are visiting must come down to greet them. This new system, which was orig- inally going to be started last semester, uses a new phone system and a higher level of security, Residents can now have a better sense of community and safety. Both Maximina Rivera- Burrowes, the associate director of Residence Life, and Anne Betowski, the assistant director '\"\"agree this is the next level for the residence halls. Surrounding schools, such as Montclair State University, have a similar system in their halls. Rivera-Burrowes noted how beneficial this policy is and how now the students have more control. However, she commented that students need to take the initiative. \"We need all students to cooper- ate,\" said Rivera-Burrowes. Students' reactions to the new policy have varied. While most students feel it is a good idea to be more aware of who is in the build- ings, some argue that this new arrangement is an inconvenience. Nicole, a junior who lives in the apartments, said, \"As long as you're a student here you should see page 3 Art exhibit to feature African American artwork By Sophia A. Brooks Staff Writer In celebration of African Heritage Month, the William Paterson University Ben Shahn art galleries will have art and print- making done by African American artists on display, The display began with a recep- tion on Sunday, January 25, and will continue until February 27. Curlee Raven Holton, an assis- tant professor of art at Lafayette College in Easton, Pennsylvania, is the curator of this event. As a printmaker himself, Holton sees this exhibit as, \"an effort to present the work of African American artists who have been in the shad- - ows.\" Contributions for the exhibit comes from a number of places such as Robert Blackburn's Printmaking workshop in New York City; the Lewis Tanner Moore Collection in Warrington, PA; and the Experimental Printmaking Institute which Holton founded and directs at Lafayette College. The work of well known artists such as Lois M. Jones, Norman Lewis, Romare Bearden, Faith Ringgold, Betye Saar, Henry O. Tanner, Hale Woodruff and nine- teen others will be represented. Their art work takes the audience through a period of more than 80 years. It displays a variety of mediums, and depicts the \"political advo- cates of the 1940s to the most acclaimed painters of the 19th and 20th centuries.\" Lewis Tanner Moore, whose great grand-uncle was well known artist Henry Ossawa Tanner, will also have sev- eral pieces on display. \"It's a good idea,\" said Charmaine Jones, a student of African heritage, \"because it will allow people from other nationalities to be aware of the art history of the African people.\" Another student, Miranda Gadsden, said, \"Most people just know us as being athletes, musi- cians and fillmmakers, so it's a good idea to see another side.\" The Ben Shahn Gallery is open Monday through Friday from 10 a.m. to 5 p.m., and there is no admission fee. Two students excel in college theater competition Political satirist coming to By Pamela Langan News Editor Out of the seven William Paterson University students who traveled to Buffalo during the week of January 12 through 17, two students Shane Taylor and Alicia Simmons, have earned the only two runner-up positions available out of 180 students from around the Northeastern area of the United States who were com- peting in the American College Theater Festival (ACTF). With the large amount of finan- cial support from the provost's office and from Ofelia Garcia, dean of the college of Arts and Communications, seven students were able to travel to Buffalo to compete with 180 students in the region including colleges and uni- versities from New Jersey, New Yoik, Coaaeeticiit, Pennsylvania, see page 3 Political satirist Dave Barry Will speak in Shea this Friday night. By Sherri Sage Staff Writer On Friday, January 30, political humorist Dave Barry will be speaking at William Paterson University as part of the Distinguished Lecturer Series. The lecture will be held in Shea Center at 8;00 p.m. According to Judith Linder, assistant director of special events, this year's Distinguished Lecturer Series is focused on government and politics in celebration of WPU's new status as a university. Barry's commentary Humorist Confesses: 'Thank Goodness for Politics,\"' will give an \"overview of the news of the day spiced with his unique brand of humor and perspective of life including politics,\" said Linder. After graduating Haverford College in West Chester, Pennsylvania, Barry eventually got a job as a municipal reporter for a local paper. He then worked for a firm that specialized in teach- ing effective writing for people in business. In 1983, after writing free-lance humor columns, Barry began working for the Miami Herald and had his first book pub- lished. : Barry, a columnist for the Miami Herald, received a Pulitzer Prize for commentary in 1988. His col- umn appears in 150 newspapers across the country. Barry is also the author of numerous books including, \"Dave Barry Turns Forty,\" and \"Dave Barry Slept Here Sort of History of the United States,\" which have both reached best sell- er lists, and a television show based on his books was aired on for several seasons. According to Linder, the lecture see page 3 t ' -vJsTW lf}i 2 26. J998 Big Jim's Family Restaurant and Pizzeria 1W. HaledonAve. Haledon (973)-942-9500 Open Till Midnight (11PM on Sundays Regular Price lj)O.2u \"\u2022 t3X $ 5 . 9 9 $ 6 . 9 9 +tax 7 Pays a Week prices valid any time, everyday for Spring 1998 semester toppings extra * must have valid Student * no coupon necessary Reliable students or non-students with good communication skills are needed to renew existing accounts -12/hour - salary vs. comm Paid Training Walking Distance from Immediate Openings Weekly Paychecks 401 Hamburg Turnpike Suite 105 Wayne 07470 595-6800 \u00a3 Campus Calendar Monday, January 26 United Science Club- \"Star Nights\" -- we will use our telescope to look for planets, stars, galaxies, etc. 8 p.m. in Caldwell Plaza. Contact Joan at 785- 4125 TUasday, January 2? Student Accounting Society- Will have our first meeting from 12:30 to 1:4a p.m. in Raubinger Hall room 301. Come ]oln us - a great way of networking and a vital source for information. Contact Joe Kozlerowski at (973) 720- 4029. National Student Exchange- General information sessions about studying for one or two semesters at another United States university. Meetings on \"Tuesday and Wednesday, January 28 at 2 p.m. !r> Student Center room 213i Contact Ann Yusaltis, Morrison Hall 130, or call X2256 or X2257. Career Development Center- Teacher education information session/practicum/student teaching/ certification. Meeting In Student Center room 203,204,20S from 4:00 to 5:30 p.m. Call the Career Development Center at X2281, X2282, or X2440. Wednesday, January 28 > Study Abroad Program- General Information session about study abroad ' opportunities. Former participants will answer questions about their experi- ences. Application deadline for fall 1998 is February 17. Meeting in Student, Center room 213 from 12:30 to 1:45 p.m., also on Thursday, January 29. Contact Professor G. Satra, Atrium 211, or call X3044. Women's Health Information Network is proud to announce the first talk of the spring semester: Sexuai Assault Issues. Meet j and learn from Hally Fessler, MSW, the new sexual assault counselor at the ' Passalc County Women's Center. The talk will be at 12:30 p.m. in the Paterson Room of the Sarah Byrd Askew Library. For more information con- tact thaWomen% Center at X2946. - - Career Development Center- introduction to resume expert, in Atrium 123A, tram 11:00 a.m. to 12:30 p.m. Contact the Career Development Center at X2282, X2281, or X2440. : Thursday, January 29 Women's Center-Spring 1998 Open House, to welcome non-traditional stu- dents. 9:00 am. to 11:00 a.m. In the Women's Center, room 214 in the Student Center. Contact the Women's Center at X294S for more information-. Career Development Center- Internship opportunities, meeting in Morrison Hall room 146 from 12:30 to 1:30 p.m. Contact the Career Development Center X2281, X2282, or X2440. Tho Spanish Club-General meeting, Hunzlker Wing room 16 at 12:30 p.m. Contact Marcela at 720-5029. Saturday, January 31 The Spanish Club- \"Copa Night,\" Billy Pafs 9 p.m. -1 a.m., contact Linda 720-5029. Beacon fi wewjwpee Pamela Langan News Editor Ed Erlenrneyer Insider Editor Tim Bornemann Assistant Insider Editor Norman DeFilippo Editorial Page Editor Sylvana Meneses Photo Editor Sophia A. Brooks Danielle Gabriel Al Giamarino Michael S. Laclair Dave Roe Sherri Sage Staff Writers The Beacon is published on Monday and serves Haledon. North Haledon, Wayne and the William Paterson University Campus Community. Buslness/Edllorial offices are located on the campus of William Paterson University In the Student Center, Room 310, Wayne 07470 -973-720-2248. The Beacon receives no money from or Us student body and therefore relies solely on advertising revenue to operate. Matthew Halpern Assistant Editor-in-Chief Business Manager Michael S. Fox Circulation Manager George Robb Academic Advisor Financial Services Provided By Charlotte O'Brien Barbara Stomber 26, 1998 3 Saxophonist to students succeed in Buffalo perform in Midday Artists series from page 1 Jed Levy, a New York saxo- phonist, will perform at William Paterson University on Thursday, January 29 as part of the winter 1998 Midday Artist Series. The concert begins at 12:30 p.m. in Shea Center. Admission will be $3. \"Levy's tone is lucid...a player whose modern approach is to make every note a positive state- ment,\" said Jazz Journal International. Down Beat describes his per- formance as a \"blossoming elo- quence of thinking and feeling\" and says he \"projects a strong sound and evidences awareness of various tenor heroes without stamping himself with the copycat label.\" In addition to leading his own groups, Levy has had longstanding working relationships with such jazz luminaries as Jaki Byard, Don Paterson and Jack McDuff. Other renowned artists he has worked with include Cedar Walton, Tom Harrell, and Curtis Fuller. Levy has toured Japan as a fea- tured soloist and appeared at sev- eral international jazz festivals and has led bands at such New York venues as Sweet Basil, The Blue Note, Birdland, Visiones and Zinno. His latest as a leader, \"Sleight of Hand,\" is receiving critical acclaim. WPU's Midday Artist Series continues on Thursdays at 12:30 p.m. throughout the spring semes- ter. The next concert, on February 5, will feature the New Jersey Percussion Ensemble. For additional information, please call the Shea Center Box Office at 720-2371. Lecturer Series invites political columnist to speak from page 1 is technically sold out, seeing that the Distinguished Lecturer Series is sold as a subscription each sum- mer. However, Linder said she spec- ulates that a limited number of tickets may become available if some of the sponsoring corpora- tions give back those they will not be using. These tickets can be pur- chased from 10:00 am to 5:00 pm Monday through Friday at the Shea Center box office. For ticket availability and to purchase tick- ets, call the box office at (973)720- 2371. The series is being sponsored by the Student Government Association, the Student Activities Board and the William Paterson University Foundation, in con- junction with many other support- ers both on and off campus. Harassment suit involving provost comes to an end from page 1 Commission.\" In a statement released by Arnold Speert, president of WPU, it is stated: \"The university's posi- tion on a recent case involving Chicago State University and for- mer provost Chernoh Sesay has not changed addressed this issues in a memo to the William Paterson community on October 16, 1996. Dr. Sesay has served Delaware, Maryland, and Washington, D.C. They competed in Buffalo for the Irene Ryan Scholarship. Irene Ryan, who is well known for her performance as the grand- mother from the television series \"Beverly Hillbillies,\" left an endowment through the Kennedy Center in Washington, D.C. for students involved in the theatrical arts. The 180 students compete in the preliminary competition, from which the judges then choose 32 students to move onto the semifi- nal competition. From the semifi- nals, 16 are chosen to compete in the finals, and then two are chosen in the end who will travel to the Kennedy Center for the scholar- ship competition. However, in case of an unex- pected emergency involving either of the two finalists, those students who finished in third and fourth place are named as runners-up for the positions. This year, Taylor and Simmons, both students, were chosen as the first and second runners-up went up there to win,\" said Taylor,' who has been nominated by to perform at the five times. The last two times he attended, he advanced to the final competition, but never went fur- ther was definitely happy and felt honored because your col- leagues respected your work,\" said Taylor. According to Ed Matthews, director of the Performing Arts Resource Management Unit (PARMU), \"All of our students did wonderful in the preliminar- photos compliments of Shane Taylor, left, and Alicia Simmons, right, were chosen a: the only two runners-up for the American College Theate Festival. William Paterson with distinction, initiating a number of new pro- grams and earning the respect and admiration of his colleagues. The Board and fully support Provost Sesay. William Paterson considers sexual harassment inappropriate and not consistent with the highest standards of conduct for any mem- ber of the academic community. The university is committed to strongly enforcing its policy on sexual harassment.\" les. Two students, Stephanie Long and Christopher Paseka, were very close to advancing into the semifi- nals, falling in the 34 to 35 range. All the students were, \"Well rehearsed and ready to go,\" said Matthews, Taylor has been a student at for five years, and will be graduating this May with hopes of being accepted to a graduate school for the arts. \"My experience at has been amazing,\" said Taylor. \"This school has enabled me to branch out in every aspect of theater.\" He has performed in many plays and even musicals at. WPU, and has also had the experience of being stage manager and director. He is currently directing a produc- tion of \"Colored Museum\" for WPU. He added that he has worked with Simmons before at the ACTF, when she joined him as his acting partner. \"I'm excited for Alicia,\" said Taylor. Both Taylor and Simmons were accompanied by Myra McDonald student, as their acting part- ner. \"She is phenomenal,\" said Taylor speaking about McDonald. \"She really helped us advance,\" said Taylor. Overall, Taylor is proud to have been involved in the arts, and urges students and adminis- tration to support the arts. \"Administration and faculty need to know that things can be done to save theater on this campus,\" said Taylor. \"It's important to five the stu- dents a venue to practice their craft and to learn more about the the- aterical experience,\" said Taylor. \"Who would know that two people from would compete against peopel from Villanova, Penn State, SUNY, all these differ- ent institutions with great pro- grams of theater, and show that we can hang with the best,\" said Taylor. Guest policy changes in residence halls from page 1 be able to enter the residence halls without any problems.\" However, other students strong- ly agree with this new policy and were pushing for it last semester. Amanda, a junior living in the Towers said think it's a great idea. You never know who might have your room number, but now can decide if want that person here or not.\" The reasons behind the policy change are all based on the con- cern for the student. This policy can help to make the residence halls a safe place for the students without the concern of theft and vandalism. Betowski noted, \"The most important thing is to understand the reasons behind it.\" The new system appears to be working out well in both the dorms and in the apartments, and as of yet there have been no com- plaints. However, members of the office of Residence Life are open to hear any questions,or concerns with the new poljcy. Beacon corrections In the Jaauary 12 edition of The Beacon, the interim dean of the college of Humanities and Social Sciences, Leslie Agard-Jones, was referred to as \"she\" in the article entitled \"Faculty members appointed to interim and dean positions.\" All of the incidences should read \"he,\" The Beacon apologizes for any inconvenience this may have caused;. li the January 20 edition of The Beacon, it is stated that Martin Luther King, Jr, was assassinated on August 28,1963, in the article entitled \"Martin Luther King, Jr. corjQraeiBOf|ti(iii Thursday.\". It should fead that the day of his famous have a djr#amf jrle^-was on August 28,1963. ^heBe4cB^xpre;sses,tha|uk;s ft>r those who brought these errors to the attention of wishing to point out mistakes and aid the Beacon should call 4 26, 1998 The Beacon Pam Langan \u2022 News Editor Ed Erlenmeyer \u2022 Insider Editor Tim Bornemann \u2022 Assistant Editor Michael S. Laclair \u2022 Sports Editor Sylvana Meneses \u2022 Photo Editor Norman C. De Filippo Editorial Page Editor Welcome to the To the Editor am writing this letter in response to Ira Thor's article about campus police overstepping their bounds was confused by his opinion that the campus police department should do things more officially, as they do in the feel should point out to Mr. Thor and anyone who agrees with him that in the you can get into serious trouble for not paying your tickets. Police departments are not credit card companies. In the that Ira talks about, his name would not go to a collection agency. Ira and those who fail to pay their tickets would go to jail. Ira says that most students are scraping by and cannot afford to be \"punished\" like this. He says that the campus police are paid to protect us, not to ruin our financial lives. This is all coming from a stu- dent who says that he is a \"citizen of the real world.\" When in actual- ity, he lives in his own private dream world. Yes our tuition does pay for the salaries of the campus police, however that does not mean Ira Thor or anyone else can have the department in their back pockets. My advice to Ira Thor is to start doing what he claims to be doing already. And that's simply- be a real man in the WORLD, and take responsibility for your own actions. Sheri Freeman Junior Communications Women in Science To the Editor: The United Science Club would like to cordially invite the campus community to participate in our first booklet on Women in Science. The booklet will feature William Paterson's women of sci- ence and highlight their achieve- ments, career goals and struggles and what being a women in a for- merly male dominated field, means. We hope that many pro- fessors will take the time to con- tact us and submit information to be included in the booklet which will be distributed at our second annual Women in Science lecture to be held during March, Women's History Month. Inquiries should be directed to Scott Ryan via e- mail at SGAprescnd@aol.com. Information will also be available in the Women's Center starting on January 27. Submissions are due by February 8. Thank you for your participation and feel free to contact us for more information. United Science Club n January 19 a commentary was published in the Beacon entitled \"Campus Police over stepping their bounds.\" That commentary was written by Ira n o r - l l was neither written by President Bobi Lee Messer, nor was it endorsed by her. Thor simply stated that as an elected official President Messer should be hearing students' concerns, (even if she does not agree with them). New guest policy; same old problem t is easy to understand why students would want more security on campus. Theft continues to be the highest reported crime on campus while inci- dents of vandalism seems to be increasing year after year.\" Of course, most students are also aware of the many incidents which occur nationally on campuses everyday. But when one drives right passed the guard shack at gate four at 1:20 a.m. where a security guard is supposed to regulate who enters and exits Campus, it is crystal clear as to why students want more con- trol of who comes to their room. And the new guest policy is supposed to give stu- dents just that. But one of the problems with the pol- icy is that students who live in any other building on campus are free to go where they please until 2:00 a.m. And, of course, students are free to roam their own building whenever they want. But even if we were to forget about these problems there is still one more larger problem which will, most likely, not be dealt with. That has to do with the guards themselves. Perhaps the security guards on campus are given instructions; perhaps for a while they follow those instructions; but they do not follow those instructions forever. That is unless part of their training involves letting people enter buildings freely because they are too busy playing an arcade game, instead of checking identifications. There are many problems with security on campus; and there are many ways one could go about correct- ing those problems. The new guest policy is one pos- sible way of addressing those problems. But the new guest policy is merely a cosmetic approach to addressing the issue. It is impossible to better securi- ty on campus without bettering those paid to make our campus secure. The new guest policy is a good plan. But if security guards will not implement that plan, what good will it, or any other policy, do to increase security 26, 1998 5 SAY? There are so many issues you don't know where to start... UTUSKNOWWHRTYOUIHINK: Do you ieel more secure witn the new guest policy, or Jo you find it to just te an inconvenience? Letters can be no longer than 150 words Letters to the Editor can be e- mailed to beaconi'\u00a9frontier. wilpaterson.edu, faxed to 973- 720-2093, or mailed to The Beacon 310 300 Pompton Road Wayne 07470 and can be no longer than 150 words, columns or op-ed articles should be no longer than 500 words. Letters must be signed. The edi- tor reserves the right to edit for grammar and length. Manuscripts can not be returned. All submis- sions become the property of The Beacon \" 2 0 i n u t e a c a t i o n s v a i l a b l e a i l y Prices: One session $6 Two week unlimited $3 5 Six sessions $25 One month unlimited $59 .[Tuesdays in January for only$3 | Now Open 7 Days a Week! \u2022[Spring\"BreaKj/v,.,, ,Wme!\"\u201e\u201e ! Tuesdays \u2122\u00ab 1 \u2122\u00bb ! 1 sessionsjj jltuesdays ,\u201e January! \u00abNm SPBN6 <\u201e.\u201e\u201e $ 4 0 l vvithi coupon \u2022 Cannot be combined with any other offer \u2022 Exp. 3/1/98 _ with coupon \u2022 Cannot be combined with any other offer \u2022 Exp. 2/1/98 ^\"\" mm \"\"\"\" m\"m mm \"\u2122\" mmm imm .^\" \u2122\u2122 *\"*^ ' ^\"\" mm ^ \u2122 \"\"\"* ^\u2122 \"\"\"\" ^ \" Wmm 3 Min. From Campus across from Wayne Hills Mall 87 1 _ 973-305-6700 Student Government Association MEETING\" Wednesday, February 4,1998 Student Center Ballroom 7:30 p.m. until 9:00 p.m 6 26, 1998 26, 1998 The Beacon is looking for people to fill the following open positions: Photographers Columnists Advertising Sales Reps If you are interested in filling any of these positions, come up to 310 and fill out an application, or call 720-2568 for more details. 3z 5 BRAKFASTS, r 5 DINNERS, 21 FREE! 21 Dally Hospitality & Activity Desk Spring Break On-Slte Staff Exclusive Beach andPool Activities r 21 Houn of Beverages 5 Breakfasts, 5 Dinners Round Trip Air 7 Nights Accommodations Round Trip Airport / Hotal Transfers \u2022 Hotel Taxes Bellman and Maid Gratuities r Wristband for Discbunts Cover to the Hottest Clubs & Restaurants Iwhifay Laadar la Hljk Quality, Tap Ratad Stuaa\u00abt Ttan Eicrav Pntactlan Acaiinu, Fully Uroiiad, Iniutad and >aiidad \u00ab Subjact to l.tmi and condltlom \u2022( tha Taur Pariklaaat Ajiaamant. Tour Opatatar li SunCaait Vacatlani Inc 1-888 Tuesday Patrick Fleming One-Man Band Wednesday Thursday College Night with Party $1.00 off Drinks 26 23) PHONE: 201.696.9698* FAX: 201.696.9219 UNIVERSITY!! Friday Dancing with Rich Shot & Beer Specials ($1) Saturday Live Bands Shot & Beer Specials ($1) Sunday KMthOKG ! Presenting College Party Night Thursday 10 p.m. - 2 a.m. $1.00 Off All Drinks $1.00 Mugs of Bud or Coors Light Dancing 10 p.m. - 3 a.m. Monday - Happy Hour 4-7 p.m. $1 Off Drinks - Free Food Saturday, January 31 45RPM Saturday, February 7 Too Many Gods Ano Blah Blah Blah 7 Don't you wish there was more here? Well, quit your belly and come write for the achin' Insider. 'retched By Tim Bornemann The Get Up Kids are awesome. Period. If you read my top ten of '97, you saw The Get Up Kids with the number two album on that list. That album , Four Minute Mile, was released on Doghouse Records and should be immediately purchased if you like bands like: Jimmy Eat World, Knapsack, No Knife, Weezer, and others of that nature. When the liked it and said he wanted to hear more stuff. We were supposed to record the four songs on the as two songs for a Contrast Records 7\" and two songs that were going to be on a 7\" on a label called Outback, from Florida. So we sent those songs to Dirk, and he liked them and wanted to know if we wanted to be on Doghouse. So he asked us what was up with the 7\"s that were coming out. They were taking a long time to come Get Up Kids played at Skater's World in Wayne (see, good shows do come around here occasional- ly) Singer/Guitarist Matt sat down in the band's van to talk to the Insider. It was about 2 degrees outside, but it was the only quiet place we could find. Rollerskates tend to be very loud. Feel like filling us in on band history? We started two years ago on October 15th, which is the day after Jim's birthday. It was me and Rob and Jim, and this other guy Nathan was playing drums- He played Drums with us up until April of '96. So we went our sep- arate ways with him and got Ryan in May. He looks like Bud Bundy. You think so? I'm gonna tell him you said he looks like Bud Bundy don't know if it's just because of the petite thing... He's a little guy. That's the band history pretty much, did you want me to be more specific? How long were you playing until you put out the \"Shorty\" 7\"? About four months. We'd only \u2022 played think, one show and then we recorded that 7\". How did you end up on Doghouse Records? We sent him the first 7\" and he photo by Tim Bornemann out so said the Contrast one is almost done, but the Outback one is taking a long time, so we said why doesn't Doghouse put out the Outback one. So we bought the songs back and Dirk put out the EP. Then we toured the in June of '97. Yeah, you played CBGB's with Braid, right? That was a fun show heard there were three Hardcore bands on the bill. It was us, Braid, Spazz, Monster X, and 97A. Everybody was real- ly cool about the show. But there were these flyers that guess were sarcastic that said \"Monster X, total straight edge hardcore and the Get Up Kids, some fucking wretched emo band from some- where.\" How has this tour gone so far? Good. It's been really good. The show's have been good. The show we played with Shelter in Lancaster, but it felt like a real big rock show. Arena rock? Yeah, but it was fun. For the most part we've had really good turnouts. We've only had one show fall through. This is our first time in New Jersey, though. How about the roller skating? It's awesome. This is one of the coolest places. Plus, Fountains of Wayne are from here. ' No one around here knows where they came from. They weren't involved in any shows around here, they just appeared on one day. That's awesome. It's so stupid it's awesome. Because always won- der about that, do people from New York consider Puff Daddy a local band doubt it. I'm sure they don't. How did you end up touring with Jimmy Eat World? We've been bugging them to go on tour with us forever. They stayed with us when they came through with the Mineral/Sensefield tour, and played a show with them there. They're super nice guys. Can anyone in the band run a four minute mile? No don't know actually. They all smoke now so don't think they could run a mile at all know sure as hell can't could run a fifteen minute mile maybe. In gym they'd always yell at us to run. I'm- like get tired when run can wrestle though just like the room full of mats. Covering the floor and the walls and you could just run into shit, it was great. Are you guys \"emo always thought bands like us and Jimmy Eat World were just rock bands always figured that emo was just punk. And people are like \"oh, that's punk music.\" Like it's a derogatory thing. And every kid's like \"Yeah! It's punk music, I'm a punk!\" Everytime someone calls us an emo band laugh at them. Some kid in L.A. actually asked us \"what kind of emo do you play?\" And said ear bleed- ing emo. We're just trying to sound like Weezer, and not doing a very good job. O.K. Big fight breaks out, who wins, Spice Girls or the Bangles? I'd have to say the Spice Girls. The Bangles are kind of out of shape. Whereas the Spice Girls have been going on tour, they dance all the time. The Bangles just kind of stood there. photo by Tim Bornemann But the Bangles were actually playing instruments, they prob- ably have the edge in upper body strength. Granted the Bangles have more talent than the Spice Girls, but the Spice girls would probably kick their ass. Plus there's five Spice Girls and only four Bangles. Plus Scary would probably rip all their hair out by herself. Scary is the wild card... She's a fucking loose cannon, you never know what she's going to do. Any last words? Well, as Ricky Rachman said on Headbangers Ball, \"Keep one foot in the gutter and one fist in the gold.\" That's my parting com- ment. Under the Microscope Various Artists Godmoney MStion Picture Soundtrack (V2) In the recent trend of independent films comes Godmoney, from director Darren Doane. Doanc has made a name for himself by directing full length videos by Pennywise and Strife, two artists who appear on this soundtrack. Other bands that appear include groups that have recent- ly made their way into the public's eye. Blink 182, Decendents, and Rollins Band all contribute to this all punk and hardcore disc. Most of these songs have been released at one time or another, but with 22 tracks, it's easy to Find a new gem among the rest of the previously heard ones. Highlights include MXPX, Down By Law, Farside, and a new band, Slick Shoes lot of the other tunes could be passed off as metal songs (i.e. Stavesacre and Stanford Prison Experiment) and do nothing for the overall pic- ture. If any of the previously mentioned bands are currently in your collection, it is strongly recommended that the Godmoney soundtrack be purchased to add to it. Aside from the fact that most of the songs have been released elsewhere, it is almost a sure bet that among the bands you know, there is a few that you never heard from. With 22 different tracks, there is plenty to choose from. (EE) Various Artists Goodwill Hunting (Capitol) One of the latest soundtracks comes via Capitol records and is for the acclaimed film Good Will Hunting by Miramax films. The movie stars Robin Williams and com- bines with the film Titanic to be a much overused conver- sational piece. Right off the bat, this seems to be a sappy movie. My reasoning is that the soundtrack has more of it than a tree. Most of this comes way of Elliot Smith, who combines to do 6 of the 15 tracks on the album. Most of these 6 sound extremely tiresome and drab. \"Between the Bars\", and \"Say Yes\" are the only two of Smith's songs that actually sound like you can listen to them without screaming. The album does pick up the pace a bit with songs like \"As the Rain\" by Jeb Loy Nichols, a good little ditty con- taining some nice horn rhythms and some classical guitar solos. Luscious Jackson includes \"Why Do Lie,\" which continued on page 9 26, 1998 8 You sit on your butt all week in classes. It should be tough enough for this. college Monday Nights. At Vernon Valley, CollegS'Student lift tickets are jusc $15 Monday sn<t Tuesday nights - and all winter, tmiern season passes are just $350. Simply show your College to get the discount. Call (973)827-2000, or visit wgg.com for details f e qcpires March 41998. AislleyEreat Gorge Big winter fun just down the trail. Matthew Marino Killed~by a drunk driver on September 29, 1992 on Roundtree Lane in Melville, New York friends don't let friends drive drunk U.S. Department tf Transportation ft $2.00 THURtPAY 29TH Check us out on t h e w e b o o p l o u n g e . c o m $1.00 Bar Drinks & Coors Drafts Until Midnight D.J.'s Play The Smart Dance Mix Open Wed.- Sat Till 3 Directions from campus: Rt. 46 East to Rt. 3 East to Passaic Ave. Nutley/Passaic exit, go to right of ramp, go three traffic lights & make a left, (Van Houten Ave.) Go to first traffic light, make a right onto Broadway. Loop is on the right. 378 973-36S-0807 26, 1998 9 In the Ropes By Tim Bornemann Time for another wrestling update. This week wasn't the greatest in would have thought things would get built up more for WCW/nWo Souled Out. Which when you read this has already happened, but hadn't when wrote this. On Nitro, Randy Savage dis- rupted another nWo match, with negative repercussions on the nWo. During \"Hollywood\" Hulk Hogan's match against the Giant, Savage appeared at ringside as if to attack Hogan. This happened right as Hogan was about to pin the Giant for a three count. Because of Savage's interfer- ence, the referee stopped the count. ' The Giant then got up while Hogan was occupied with Savage, and choke slammed Hogan for the win. Following the match, Kevin Nash of the nWo tried to jack knife power bomb Savage, but Savage was saved when Lex Luger came to the ring. However Luger attacked Savage as well (the two will be meeting at Souled Out). Savage will probably leave the nWo at Souled Out or at the following Monday Nitro. The biggest news has to be that at Souled Out, it will finally be decided how the vacant Heavyweight Championship belt will be decided. Four wrestlers were asked to come to Souled Out. Then the decision will be announced. The four wrestlers asked to attend are Hulk Hogan, Sting, Scott Hall (who is next in line for a title shot after winning World War 3) and \"Rowdy\" Roddy Piper.. Piper was severely injured by Hogan and other nWo members at October's Halloween Havoc. I, for one, am thrilled that the \"Rowdy\" one is coming back. He's always had Hogan's number, but the title has always eluded him. Usually because of Hogan getting dis- qualified. The only belt that will actually be up for grabs at Souled out will be the World Cruiserweight Title. Chris Jerico will be chal- lenging current champion Rey Mysterio, Jr. This should be a great match is Mysterio is in decent physical shape. He's suf- fered two beatings at the hands of Jerico and would like nothing more than to get a crack at him in the ring. On this past Thursday's Thunder, Jerico attacked Mysterio's already injured leg. His health will definitely be in question for Souled Out. Jerico isn't exactly on a win streak late- ly either, suffering his most recent defeat at the hands of \"The Crippler\" Chris Benoit. Benoit came to ring side to help Mysterio after his beating. Benoit then started the match with Jerico immediately. Though Jerico landed a few nice moves, including a moonsault from the second rope, Benoit dominated most of the match. Benoit finished the match by attempting to apply the Crippler Crossface. Jerico tapped out (gave up) before Benoit even got the hold all the way on. The only other fairly interest- ing thing was watching Bill Goldberg decimate another opponent in a matter of seconds. Goldberg is still undefeated, though he hasn't wrestled any major stars yet (sans Steve Me Micheals). I, for one, think Goldberg could beat anybody. Hogan, Sting, Nash, the Giant, you name them. I'd like to see Goldberg get a shot at some of the big boys. He's earned it. Other than that it was a pretty lack luster week in wrestling. Souled out will probably have it's share of plot twists, so that should make for good viewing. Watch for a wrap up of that event as well as all of the week's news in the next column. Under the microscope from page 7 brightens up the disc a little bit and surprisingly becomes a little bit catchy. In all, Good Will Hunting contains way too many Elliot Smith songs which hurt the brain. But the biggest surprise on here is Al Green, who is a much better person than you or I. He always has something good to say, and is a wonderful musician. Bonus points for including Green doing \"How Can You Mend a Broken Heart,\" he is a good friend and a great man. (AG) Hum Downward is Heavenward (BMG) Although they are best known as \"those guys, who did that song, [singing] 'she thinks she missed the train to mars/she's out back counting stars'\" Hum has actually been record- ing since 1991 - and it shows on their latest album, Downward is Heavenward. Hum has grown quite a bit since their 1995 release You'd Prefer an Astronaut -both musically and lyrical- ly. The bits of sound added to the ten new tracks on this release help it sound more like a selection of tunes from the next millennium, rather than some- thing recorded in Champaign, Illinois. The monstrous over-dubbed vocal tracks on \"Comin' Home\" is especial- ly good, although, it is not the type of thing for which Hum is known. But do not fret, because Hum's dis- tinctive style of, as guitarist Matt Talbott put it, \"Sometimes starring] loud and bring[ing] it down and then gct[ting] real loud again for the end\" is still evident on this latest album. Hum's lyrics are much more mature. Hum has the ability to take a mundane, overused topic and trans- form it into something fantastic. For instance, in the song \"Apollo\" they sculpt a futuristic world in which long distance relationships are truly long distance ~ i.e. the main character of the song journeys through outer space. Take this portion of \"Apollo\": \"She said 'You can find a place inside my heart if you will stay/And need you back here on the ground'/It's lift off, lift off, again/She's pissed off, pissed off, again/and moon light brings me back again to stay/and know if she had her way I'd always be through/ tethered to a glass ring she keeps beside the phone/and never ever step- ping out into/blankness and darkness.\" Hum is no ordinary band; Downward is Heavenward is no ordi- nary album; do not expect ordinary songs. Hum has packed more creativi- ty and has demonstrated more thought in this one album than all of the music played on K-Rock for the last month \"\u2022*\"*\"** 125 Park Ave East Rutherford Call for Information 201-933-3308 20 Tribute to \"the Boss 30 $f Open 'till 3am 10 26, 1998 Pioneer Sports Pioneer Women's Basketball 68 57 By Keith Platt Sports Contributor Speed kills. This lesson was given courtesy of the William Paterson University Women's Basketball team as they cruised to a 68-57 victory over the Lady Profs of Rowan University Wednesday at the Rec Center. Rowan, entering the game ranked #1 regionally, could not handle the con- Think j'ou'ja? pregnant? Partner pressuring yow? Let's talk it over... we can hdp. Our fret? & confidential services include: stant defensive pressure of the Lady Pioneers. Meghan Renna, quite possibly the best women's The Lady Pioneers with- n early second half by Rowan, and put the le away with a clutch 3 college basketball player in ^ b y a t h y ginram By Keith Platt Division III, w i t h 2 : 31 left in the game. Sports Contributor Pioneer Men's Basketball 78 55 dropped 20 points and added 8 assists and 3 steals as she played all 40 min- utes of the game. Senior captain Stephanie Arrigo added 16 points and Wendy Kane added 13 points and 9 boards, pacing the Lady Pioneers to victo- ry. Jenn Denby led the Lady Profs with 16 points and 8 rebounds \u2022 Pregnancy Testing \u2022 Counseling \u2022 Posl-Abortion Support' Friendship Pregnancy Centers (973) 538-0967 24-htmr Hotline Moxrist-own * Wayne Jersey City Market Research Part Time- Evenings/Weekends Established Marketing Research Firm has openings for telephone interview- ers. Must be detail oriented and have a professional phone manner. Flexible Hours, Excellent Compensation and a Pleasant Work Environment. Please call for an appt. 973-785-7788 SCORES!!! SPREADS!!! 1-900-285-9371 Ext. 3498 $2.99 per min. Must be 18 yrs. Serv (619) 645-8434 The win puts the Lady Pioneers in a position to be ranked #1 in the Atlantic Region of the Division rankings. \"With us being ranked #1, a lot of teams will be coming after us harder now,\" said Renna. Arrigo added, \"Defense was the key to the victory, everyone stepped up.\" OUCH!!!!!!!! That was the consensus as the William Paterson University Men's Basketball Team was rout- ed by the Rowan University Profs 78-55. Rowan got off to a fast start and never looked back as the Pioneers failed to guard the perimeter effec- tively and could not get their shots to fall. \"We didn't make our shots and we failed to rec- ognize their shooters,\" said Coach Jose Rebimbas as his team fell to 7-7 overall and 4-5 in competi- tion. The Pioneers were led by David Coleman, who had 11 points and 7 rebounds in the losing effort. The Profs were led by Jason Adams who had 21 points and 7 rebounds. Jason Groce added 4 three pointers off the bench as the Profs improved to 9-4 and 6-3 in the NJAC. Ice hockey team remains hopeful By Raymond Ippolito Sports Contributor The Pioneer Ice Hockey Team record fell 1-6 after two hard fought losses to power- house teams. On December 7, the first place Monmouth University Hawks came to town to battle the Pioneers. The Hawks came away with a 5-3 victory. Monmouth took the early lead but the Pioneers kept banging away with a physical and high-checking game plan kept the game close by not letting Monmouth gain an unattainable lead. The Hawks were just too powerful on this evening, but are a beatable team. The Pioneers were hampered by a few bad bounces and a goal, that was clearly in, that was disallowed by the referee. Bad penalties taken by the Pioneers did not help their cause. This has been a problem that has plagued their team all sea- son long. January 10 saw the highly touted County College of Morris Titans square off with the Pioneers. The Titans are a premier team in the Metropolitan Hockey League. The two teams are bitter rivals jumped out to a quick lead, scoring 30 seconds into the game on a deflection in front by Carnathan. The assist came off a point shot by Ruppe. This lead held up through the first period as the game heated up with hard hitting, tight checking, and plenty of trash-talking. The Pioneers were clearly getting the best of the Titans during the first period. The second period featured a different game. The Titans jumped all over an extremely flat Pioneer team. The Titans came out and out hustled, hit, and played a more disciplined game took advantage of this lapse and swarmed all over the Pioneers. These breakdowns by allowed the Titans to gain a 2-1 lead in the turn of events. The third period featured more hard body checks and physical play. But both teams opened up the style of play to gain more offense tied the game on a power play goal by Kucharsi, assisted by Ruppe and Jenkins. The Titans came roaring back scoring twice to take a 4- 2 lead. The Pioneers did not get dis- couraged and continued to take the body and work hard. The Pioneers closed the gap on a goal by Taylor assisted by Carnathan. The Titans sealed up the vic- tory on a late goal. Even though the Pioneers lost these two contests, they played as a cohesive unit, showing the heart and desire that had been lacking in some of their previous battles. Even though the end results of these games were losses, they gave two superior, but beatable teams physical con- tests that will benefit a young Pioneer squad in the future. All Pioneer home games are played at the Ice Quad in Hackensack. For directions contact the Student Government Association at (973) 720-2157 NEEDEDf\" Help make the best It can be! Call 720-2576, or come up to the Beacon office in Student Center room 310. Ull 26, 1998 1 1 Beacon Classifieds e Co run 20 words lor one ls.sue* S6.50, 21-35 word's $7.5U addilioiuil 10 wor : \u00ab * '?T* * v u $ * &-\u2022> \"''*^*'1 ** * ,-i .,\u00ab' * \u00a3d <*<^mi^jxe p<H%n -ClasMfltd ads mu'.tbe placed , t. \u00bb\u2022\u00bb'Mf The Becicprt*. \u00bb* \" Jinlj;ss i% )ifM^^n \"4 by \u00a3.00 r.M, Friday before *, r 3Q0 tfamptotfI ^lKp^\u00ab3HBBBfef*%**'PublicaUon\". . * ' *-' \"VJaviw,NJD7420'. \" 'publication. 'ft f Classifieds *& ehecliis or money cmleij loca- tions. Cancun, Jamaica, from $399, Florida, from $89, Texas, Mazatlan, Bahamas. Register your group or be our Campus Rep. 800-327-6013. Help Wanted: Mail Boxes Etc. Point View Shopping Center. 189 Berdan Ave., Wayne. Flexible hours. Competitive wages. Please call 628-1901 for an interview appoint- ment, or stop in for an application '98 SPECIALS! 24 in Cancun! 21 and $50 discount w/student I.D. to the Bahamas! No sec- ond semester price increases! Sell only 15 trips & travel free! Call TRAVEL, North America's largest student tour operator! Call Now! 1-800-838-6411 Models. Women 18+ for outdoor test shoot by hobbyist photographer. Pay or will exchange pic- tures. No experience necessary. (973) 365- 4054. Only reliable need apply. Child Care p/t 3-7 p.m. Mon-Thurs for 5-7 year- olds in Wayne. Must drive own car. $8.hr Call Kathy 973-872-9311 Spring Break - \"98\" Great rates on USAirways to Cancun! Stay at the Oasis! Space left in Fla., San Juan, and Jamaica, too! Don't Wait! Selling out fast! 1-800-700-0790 Receptionist Needed for doctor's office. Comp. Skills required. Telephone \u2022skills a must. Must be personable. Flexible hours. Will train. Call (973) 305-0832. Child Care 'm a terrific 3 1/2 year old who needs an experi- enced reliable babysitter to have fun with me in my Bergen County home. Flexible afternoon and evening hours. Call my mom : 201-692-8482 Attn. College Students: Now accepting articles for a cutting-edge, on-campus magazine - 1116 In less than 1,000 words, write about any aspect of college life - entertainment, jobs, majors, internships, hot spots, health & fitness, advice, hOW-tO, etC... (Submissions will not be returned.) Deadline for Submissions: Feb. 10, 1998 Make sure to include Name, Phone # and Address Leave Submissions in the Atiium Faculty Mailbox labeled 'The Mix\" For more information, call: (973)423-0492 Childcare in Pompton Plains: Needs car. For three children in my home every Tuesday and Wednesday. 3 to 6. 744- 4998, leave message. Clean room. Quiet. Private. Top floor of Totowa home. All utili- ties. Loving female to be mom's helper, one boy. Flexible 20 hours per week. References 973- 956-5827 Help wanted: Seasonal receptionist and client support positions for local Block offices. Hours available are days, evenings, and weekends. Start immediately (Flexible schedules) p/t f/t. Please call (973) 633- 1822. Ask for Denise or Joan. Wanted! Distributors for fast food restaurants sav- ings coupon book and a fanastic natural weight loss product. Great money! 973-835-1096. Beacon Personals BZ3 BZ4 Hi Amy hope things are going in Bucknell, miss you to the moon and stars! Have a great time in Florida!!! Love, Pam Check out Spanky's Website at home.earth- link.net/~gmeneses. Waterfront Tavern On Packanack Lake, Wayne Ualfon*00 , . \u2022 \u2022 . \u2022 \u2022 \u2022 . \u2022 \u2022 \" Call (973) 696*7998 for more information 12 26, 1998 William Paterson Unversity - African Heritage Month February 1998 Time for \"THE\" Revolution Tuesday, February 3 Opening Ceremony & Luncheon: Keynote Addis: Ras Baraka, Lecturer, Activist & Motivator - N'ark Performance - William Paterson University Gosl Choir Student Center Ballroom -12 p.m. - 2 p.m. Sponsored by: The Black Student Association Thursday, February 5 BobMarleyDay Luncheon & Musical Performance by the ExodiSteele Band Student Center Ballroom - 11a.m. - 3 p.m. Admission: $3 Students with ID, $5 Faculty, Sta& Others Sponsored by: Caribbean Students Association Sunday, February 8 Catholic Campus Ministry Celebrates African Heritage Month Mass Featuring the Gospel Choir 7:30 p.m., Student Center Ballroom Tuesday, February 10 Play: \"Black Men Rising\" Student Center Ballroom, 8 p.m. -10 p.m. Sponsored by: The Haitian American Associati and the Student Activities Programming Board Thursday, February 12 Black Dollar Day Vendors: Student Center Ballroom, 10 a.m. - 3 ja. Sponsored by: Alpha Kappa Alpha Sorority, In Friday, February 13 Harlem Trip Slave Burial Grounds Schomburg Museum Dinner @ Sylvia's Restaurant Bus Departs Lot #5 @ 10 a.m.; Returns @ 7 p.m. Bus Fee Saturday, February 14 Parenting Day Family Activities, Games & Discussion Student Center Ballroom, 12:30 p.m. - 3:30 p.m. Sponsored by: Brothers for Awareness Reception will follow Monday, February 16 Civil Rights Movie Night \u2022 Hillside Gazebo, 8 p.m. Reception Included Sponsored by: S.A.B.L.E., Co-sponsor N.A.A.C.P. Tuesday, February 17 Ujamaa Market Student Center Ballroom, 12:30 p.m. - 4 p.m. \" Sponsored by: Delta Sigma Theta Sorority, Inc. Lecture & Discussion Love, Lust & Liberation: Whatever Happened to Black Love'? Lecturer: Mr. Sean Pettiford Productions Student Center Ballroom -7:30 p.m. Sponsored by & Brothers for Awareness Thursday, February 19 Exhibition & Lecture Lynching Photos Lecturer: Dr. Dan Meaders - William Paterson University History Professor Student Center Ballroom 12 p.m. - 2 p.m. Sponsored by: The Office of Minority Education Saturday, February 21 Baltimore Bus Trip: Black Wax Museum Baltimore Harbor Bus Departs Lot #5 @ 7 a.m.; Returns @ 10 p.m. Bus Fee: $2 Students, $3 Faculty, Staff & Others Sponsored by: S.A.B.L.E. Sunday, February 22 Gospel Concert Extravaganza Student Center Ballroom, 7 p.m. Sponsored by Tuesday, February 24 Black Knowledge Bowl Student Center 203-4-5 7:30 p.m. -10:30 p.m. Sponsored by: B.F.A. Wednesday, February 25 Movie: \"Sankofa\" P.A.L. Lounge, 8 p.m. Sponsored by: B.F.A. Additional Programming will be included c the official African Heritage Month Calendar. For additional information, contact Mr. Lest McKee, Director of Minority Education, Chairperson, African Heritage Planning Committee at (973) 720-3103. Ms. Drian Douglas, Assistant Director, Campus Activities, may also be contacted at (973) 720-2518. All activities are funded by the Student Gotnment Association, Student Activities Programming Board and the Office of Minority Education.", "7275_103.pdf": "Case Law ( Bryson v. Chicago State University Decision Date 18 September 1996 Docket Number No. 95-3435,95-3435 Citation 96 F.3d 912 Parties 71 Fair Empl.Prac.Cas. (BNA) 1577, 69 Empl. Prac. Dec 44,285, 65 2272, 112 Ed. Law Rep. 668 Emily BRYSON, Plaintiff-Appellant, v UNIVERSITY, Dr. Chernoh Sesay, as Provost and Vice-President of Academic Affairs, and Board of Governors of State Colleges and Universities, et al., Defendants-Appellees. Court U.S. Court of Appeals \u2014 Seventh Circuit Your World of Legal Intelligence (/) United States | 1-800-335-6202 Document Cited authorities 20 Cited in 149 Precedent Map Related Page 912 96 F.3d 912 71 Fair Empl.Prac.Cas. (BNA) 1577, 69 Empl. Prac. Dec 44,285, 65 2272, 112 Ed. Law Rep. 668 Emily BRYSON, Plaintiff-Appellant, v UNIVERSITY, Dr. Chernoh Sesay, as Provost and Vice-President of Academic Affairs, and Board of Governors of State Colleges and Universities, et al Defendants-Appellees. No. 95-3435. United States Court of Appeals Seventh Circuit. Argued April 15, 1996. Decided Sept. 18, 1996. James P. Nally, Cheryl Alesia, Fioretti & Desjardins, Chicago, IL, for Emily Bryson 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 Edward B. Miller, Patricia J. Hill, Seyfarth, Shaw, Fairweather & Geraldson, Chicago, IL, David L. Stanczak (argued), Dunn, Ulbrich, Hundman, Stanczak & Ogar, Bloomington, IL, for Chicago State University, Board of Governors of State Colleges and Universities. Karen J. Dimond (argued), Office of the Attorney General, Civil Appeals Division, Chicago, IL, for Avan Billimoria. Before and P. WOOD, Circuit Judges P. WOOD, Circuit Judge. Emily Bryson is a tenured full professor at Chicago State University. She claimed, in a lawsuit brought under Title VII, 42 U.S.C. \u00a7\u00a7 2000e-2(a), et seq. ( 944636536), that she had been the victim of quid pro quo sexual harassment inflicted by then-Provost Chernoh Sesay. She also raised claims of hostile environment sexual harassment, intentional infliction of emotional distress, and sexual assault and battery, but she does not pursue them on appeal. The district court granted summary judgment to Chicago State University, Sesay, and the other defendants named in the suit, on the ground that Bryson failed adequately to demonstrate that she had lost any tangible employment benefit as a result of her rejections of Sesay. Because we conclude that the record reveals genuine issues of fact on this point, we reverse and remand for further proceedings In an appeal from the denial of summary judgment, our review is de novo, and we take the facts in the light most favorable to the party opposing the motion. See, e.g., Vitug v. Multistate Tax Comm'n, 88 F.3d 506, 511 (7th Cir.1996) ( Fuka v. Thomson Consumer Electronics, 82 F.3d 1397, 1402 (7th Cir.1996) ( consumer-888952973); Mlsna v. Unitel Communications, Inc., 41 F.3d 1124, 1127 (7th Cir.1994) ( Our recital of the background proceeds from that perspective. Bryson joined the Chicago State faculty in January 1980, to work as a Bibliographic Instruction Librarian in the Library and Learning Resources Center. She was awarded tenure in 1983, and she attained full professor rank in 1990. From November 1989 to June 1990, Bryson was assigned the \"in-house title\" of \"Special Assistant to the Dean\" of Library and Learning Resources (LLR). In that capacity, she performed various administrative duties for the Acting Dean of LLR, Joshu Patel. In-house titles are used by Chicago State to designate additional responsibilities that faculty members undertake. They are not administrative titles, in the sense that the titles \"assistant professor,\" \"dean,\" or \"provost\" are, but they are important nonetheless. Faculty members enjoying an in-house title have that title reflected in the University Directory, and it is commonly used in addressing the individual in written correspondence. Furthermore, in-house titles are important for professional advancement, according to the testimony of several witnesses for Bryson, including Dr. Sherri Coe-Perkins, Dr. Patricia Atherton, and Thomas Vaughn. Bryson continued to hold her title as Special Assistant to the Dean during the academic year 1990-91, when she performed those tasks for Acting Dean Annie Moore. At that time, she had significant administrative responsibilities, including managing and evaluating 65 student workers, responsibility for two library budgets, and generating and coordinating statistical information. In addition, Bryson served on both ad hoc and standing committees at the University. She was a member of the prestigious Budget Committee, which is an advisory committee that reviews the budget and makes recommendations for the entire university. She was also on the Assessment Committee and the Retention Committee, two assignments made by appointment by the President or the Provost. In addition, she was on the Strategic Planning Committee, the Council of Faculties, the Executive Advisory Council to the Dean of the Library, and the Library Faculty Personnel Committee. Thomas Vaughn and Coe-Perkins both testified in depositions that service on committees allows a faculty member to gain credentials and qualifications and 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 directly affects career advancement. Bryson herself also testified that even after a faculty member earns full tenure and promotion, a professor is still evaluated in the areas of research, creativity, and service; committee assignments form a critical part of the latter consideration. The Board of Governors of State Colleges and Universities has an Administrative Fellowship Program, which is designed for faculty members who have the potential for leadership in administration. Participants are selected carefully from among those who have demonstrated significant administrative skills, and only one person per year from each constituent institution in the system is chosen as a Fellow. Bryson was the lucky person from Chicago State for the academic year 1991-92. She spent her fellowship at Eastern Illinois University, under the mentorship of the President of that university, Dr. Stanley Rives. At the end of that year, she returned to Chicago State. It was upon her return that her problems with Dr. Sesay, the Provost, reached the point of tangible changes in her employment position. This happened, she alleged, because she refused his repeated sexual overtures to her, which we now recount. Chernoh Sesay was appointed Provost and Vice-President of Academic Affairs at Chicago State in July 1990. The Provost has full control and responsibility over faculty affairs at the university; he reports directly to the President. Sesay knew Bryson and supported her in her successful bid for an Administrative Fellowship. In January 1991 (after her selection but before she began her Fellowship), he began to make sexually suggestive and derogatory comments to her and to attempt to engage in improper physical contact with her. For example, in December 1990 at the President's Christmas party, Sesay approached Bryson, caressed her shoulders, pushed his body against hers, and whispered \"when are you going to come over and start cooking for me?\" Bryson jerked away and retorted don't cook for anybody.\" In February 1991, while both Sesay and Bryson were visiting Governor's State (another campus in the system), Sesay asked Bryson to get into his car and go back to his hotel with him, so that they could \"relax.\" Bryson refused. On numerous other occasions, he also suggested that they \"relax\" together, but she consistently rejected him. Several times in his office, he tried to kiss her. Once, in May 1991, he asked her into his office to discuss a library-related matter, but when she stood up to leave, he ran his hand up her dress and fondled her behind. Sesay's inappropriate behavior continued during Bryson's fellowship at Eastern Illinois University. At a President's function in October 1991, he approached Bryson and asked, \"Why aren't you going to let me up into your room? Let's go relax have something big to show you.\" Her rejections continued, however, and when in May 1992 he again asked her to come to his room to \"relax\" and she again refused, he warned her, \"You had better do what say or you're going to be sorry.\" In June 1992, Bryson met with Chicago State President Dolores E. Cross to discuss her return. She said that she intended to return to her old position of Special Assistant to the Dean. Cross then called Sesay into the meeting. Sesay told her that the administrative title of \"Special Assistant to the Dean\" had never existed and that she had never performed those duties. Bryson interpreted this to mean that if she did not give in to his advances, she would have to work her way back up again. Sesay also told Bryson that all her tasks of special assistance to the dean had been reassigned to other people, and that she would be returned to bibliographic instruction work, her entry level position in 1980. Guy Craft, the Dean of LLR, told Bryson the next day that he had been instructed by his supervisors to \"put [her] back as bibliographic instruction librarian.\" Upon her return to Chicago State, although her work assignment \"units\" reflected the same number devoted to special assistance tasks as before, both her job description and her actual duties were diminished. By January 1993, all her special assistance responsibilities were deleted from her assignment. She filed a grievance with her union, which had the effect of permitting her to continue performing the disputed administrative tasks pending the outcome of the proceeding. In the end, she retained her duties as Special Assistant to the Dean, but she lost her in-house title. She also found herself frozen out of the university's administrative committees, even though appointments were made on an annual basis to most 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 of them. She was denied reappointment to the Budget Committee, the Assessment Committee, and the Retention Committee, in spite of her expressed desire to continue serving. Her written request to serve on several other committees also fell on deaf ears. In Bryson's view, Sesay had made good on his threats. She filed a charge with the on August 11, 1992, alleging that she was the victim of sexual harassment by Sesay. She argued that she was denied the employment benefits of membership on various administrative committees and the title of Special Assistant to the Dean as a direct result of her rebuffing Sesay's unwanted sexual advances. She received her right to sue letter on August 18, 1993, and filed a complaint with the district court on November 18, 1993, alleging both quid pro quo 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 82 cases Search in 82 citing cases \uf014 Harris v. Franklin-Williamson Human Services, Inc. ( williamson-885697837) United States U.S. District Court \u2014 Southern District of Illinois May 11, 2000 ...which occurs when tangible employment benefits are conditioned upon compliance with a harasser's sexual demands. Bryson v. Chicago State Univ., 96 F.3d 912, 915 (7th Cir. 1996). The Supreme Court has recently stated that \"[t]he terms quid pro quo and hostile work environment are helpful, pe...... Frobose v. American Sav. and Loan Ass'n of Danville ( american-sav-888810327) United States U.S. Court of Appeals \u2014 Seventh Circuit July 31, 1998 ...v. Nashville Banner Publishing Co., 513 U.S. 352, 115 S.Ct. 879, 130 L.Ed.2d 852 (1995); and see, e.g., Bryson v. Chicago State Univ., 96 F.3d 912, 916-17 (7th Cir.1996) (finding that committee assignments and in-house titles can constitute tangible employment benefits for purposes of quid ...... Hubbard v. Blue Cross Blue Shield Ass'n ( 885006134) United States U.S. District Court \u2014 Northern District of Illinois April 9, 1998 ...someone of the building blocks for such a promotion ... is just as serious as depriving her of the job itself.\" Bryson v. Chicago State Univ., 96 F.3d 912, 917 (7th Cir.1996) (denying summary judgment on sexual harassment claim because issue of fact existed regarding loss of tangible job be...... Nolen v. South Bend Public Transp. Corp. ( 894090212) United States U.S. District Court \u2014 Northern District of Indiana April 7, 2000 ...of such conduct by an individual is used as the basis for employment decisions affecting such individual. Bryson v. Chicago State Univ., 96 F.3d 912, 915 (7th Cir.1996); King v. The Finish Line, Inc., 997 F.Supp. 987, 991 (N.D.Ill.1998). The Seventh Circuit has indicated agreement with a fi...... 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 5 books & journal articles Search in 5 citing books & journal articles \uf014 Sexual harassment & discrimination digest ( harassment-discrimination-digest-930408234) United States James Publishing Practical Law Books Litigating Sexual Harassment & Sex Discrimination Cases Trial and post-trial proceedings May 6, 2022 ...1980 (D. Md. 1999). \u0000See digital access for the full case summary. 30.32 \u2014Loss of other opportunities Bryson v. Chicago State University , 96 F.3d 912 (7th Cir. 1996). \u0000See digital access for the full case summary. 30.33 \u2014 Demotion 30.34 \u2014Termination District Court in Arizona holds su\u0d76cient ...... Sexual harassment ( United States James Publishing Practical Law Books Texas Employment Law. Volume 1 Part V. Discrimination in employment May 5, 2018 ...earnings, and depriving her of her private office and secretary, were tangible employment actions); Bryson v. Chicago State University , 96 F.3d 912, 917 (7th Cir. 1996) (\u201cDepriving someone of the building blocks for . . . a promotion . . . is just as serious as depriving her of the job its...... Sexual Harassment ( United States James Publishing Practical Law Books Archive Texas Employment Law. Volume 1 - 2017 Part V. Discrimination in employment August 9, 2017 ...earnings, and depriving her of her private office and secretary, were tangible employment actions); Bryson v. Chicago State University , 96 F.3d 912, 917 (7th Cir. 1996) (\u201cDepriving someone of the building blocks for . . . a promotion . . . is just as serious as depriving her of the job its...... Sexual Harassment ( United States James Publishing Practical Law Books Archive Texas Employment Law. Volume 1 - 2016 Part V. Discrimination in Employment July 27, 2016 ...earnings, and depriving her of her private office and secretary, were tangible employment actions); Bryson v. Chicago State University, 96 F.3d 912, 917 (7th Cir. 1996) (\u201cDepriving someone of the building blocks for . . . a promotion . . . is just as serious as depriving her of the job itse 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 a trial to view additional results uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041 1-800-335-6202 Terms of use ( \u00a92025 vLex.com All rights reserved uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy (/terms-of-service \uf042 \uf041", "7275_104.pdf": "Home / 7th Circuit \u2026 Reversing Summary Judgment in Quid Pro Quo Sexual Harassment: The Bryson v. Chicago State University Case \uf232 \uf09a \uf099 \uf0e1 \uf003 \uf1c1 Reversing Summary Judgment in Quid Pro Quo Sexual Harassment: The Bryson v. Chicago State University Case Introduction The case of Emily Bryson v. Chicago State University addresses critical issues surrounding sexual harassment in the workplace, specifically un- der the framework of Title of the Civil Rights Act of 1964. Emily Bryson, a tenured full professor at Chicago State University, filed a lawsuit alleging quid pro quo sexual harassment by Dr. Chernoh Sesay, the then-Provost and Vice-President of Academic Affairs. Additionally, Bryson raised claims of hostile work environment sexual harassment, intentional infliction of emotional distress, and sexual as- Date: Sep 20, 1996 Supreme Court High Courts Log In Sign Up \uf059 \uf002 All CaseIQ (Powered by GPT) Columns 2/17/25, 2:07 Reversing Summary Judgment in Quid Pro Quo Sexual Harassment: The Bryson v. Chicago State University Case: 7th Cir. | Case\u2026 1/6 sault and battery. However, the focus of the appellate court's decision primarily concerns the quid pro quo harassment claim. Summary of the Judgment The United States Court of Appeals for the Seventh Circuit revisited the district court's decision, which had granted summary judgment in favor of Chicago State University, Sesay, and other defendants. The district court had dismissed Bryson's claims on the basis that she failed to demonstrate a loss of tangible employment benefits due to her rejec- tion of Sesay's sexual advances. Upon appeal, the Seventh Circuit re- versed this decision, determining that genuine issues of fact existed re- garding whether Bryson had indeed suffered tangible employment ben- efits as a result of refusing Sesay's quid pro quo harassment. Consequently, the case was remanded for further proceedings. The ap- pellate court also affirmed the dismissal of claims against Dr. Sesay in his individual capacity, emphasizing that the proper defendant for offi- cial capacity harassment claims was Chicago State University itself. Analysis Precedents Cited The Court referenced several pivotal cases to frame its analysis of quid pro quo harassment under Title VII: Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986): This landmark case acknowledged hostile work environment harass- Supreme Court High Courts Log In Sign Up \uf059 All CaseIQ (Powered by GPT) Columns 2/17/25, 2:07 Reversing Summary Judgment in Quid Pro Quo Sexual Harassment: The Bryson v. Chicago State University Case: 7th Cir. | Case\u2026 2/6 ment under Title VII. Horn v. Duke Homes, 755 F.2d 599 (7th Cir. 1985 v. LYONS, 746 F.2d 265 (5th Cir. 1984); and others: These cases es- tablished the foundational understanding that quid pro quo ha- rassment involves explicit or implicit conditioning of employment benefits on submission to sexual advances v FUTURES, INC., 913 F.2d 456 (7th Cir. 1990): Provided a clear definition of quid pro quo harassment v ILLinois, 830 F.2d 692 (7th Cir. 1987): Demonstrated that various adverse employment actions, even sub- tle ones, can constitute tangible employment benefits loss. These precedents collectively underscored the necessity of demonstrat- ing a tangible employment benefit being directly influenced by the respondent's conduct for a valid quid pro quo harassment claim. Legal Reasoning The appellate court meticulously dissected the five-part test commonly employed to assess quid pro quo harassment claims: 1. Membership in a protected class under Title VII. 2. Unwelcome sexual advances. 3. Sexually motivated harassment. 4. The employee's rejection of these advances resulted in a tangible employment benefit being denied. 5. Establishment of employer liability through respondeat superior. Supreme Court High Courts Log In Sign Up \uf059 All CaseIQ (Powered by GPT) Columns 2/17/25, 2:07 Reversing Summary Judgment in Quid Pro Quo Sexual Harassment: The Bryson v. Chicago State University Case: 7th Cir. | Case\u2026 3/6 The court concentrated on the fourth element\u2014identifying the tangible employment benefits Bryson alleged were withheld. Bryson contended that the removal of her in-house title and exclusion from key university committees adversely affected her career progression. The appellate court found merit in her arguments, emphasizing that titles and com- mittee memberships, while not direct promotions, play a significant role in academic career advancement. The court critiqued the district court for underestimating the value of these elements and acknowl- edged the existence of factual disputes that warranted a trial rather than summary judgment. Impact This judgment reinforces the importance of recognizing subtle forms of employment benefit denial in quid pro quo harassment cases. By re- versing the summary judgment, the Seventh Circuit emphasizes that non-traditional benefits, such as titles and committee memberships, are integral to career advancement and thus qualify as tangible employ- ment benefits under Title VII. This decision potentially broadens the scope of what constitutes adverse employment actions in sexual harass- ment cases, ensuring that plaintiffs can effectively argue against more nuanced forms of discrimination within academic and similar institu- tional settings. Complex Concepts Simplified Quid Pro Quo Sexual Harassment Supreme Court High Courts Log In Sign Up \uf059 All CaseIQ (Powered by GPT) Columns 2/17/25, 2:07 Reversing Summary Judgment in Quid Pro Quo Sexual Harassment: The Bryson v. Chicago State University Case: 7th Cir. | Case\u2026 4/6 Quid pro quo harassment occurs when an individual's submission to or rejection of unwelcome sexual conduct by a person in a position of au- thority is used as the basis for employment decisions affecting that in- dividual. Essentially, it involves a direct link between the inappropriate conduct and tangible employment benefits or detriments. Tangible Employment Benefit tangible employment benefit refers to any form of compensation or advantage in the workplace. This can include promotions, salary in- creases, desirable job assignments, job titles, and committee member- ships that contribute to an individual's career advancement. Summary Judgment Summary judgment is a legal procedure where the court decides a case or specific issues within a case without a full trial. It is granted when there is no genuine dispute of material fact and the moving party is en- titled to judgment as a matter of law. Conclusion The appellate court's decision in Emily Bryson v. Chicago State University underscores the judiciary's role in safeguarding employees against subtle forms of sexual harassment that impede career progres- sion. By reversing the summary judgment, the Seventh Circuit ac- knowledged that Bryson's loss of titles and committee roles constituted tangible adverse employment actions, thereby validating her claims of quid pro quo harassment. This case sets a precedent that institutions Supreme Court High Courts Log In Sign Up \uf059 All CaseIQ (Powered by GPT) Columns 2/17/25, 2:07 Reversing Summary Judgment in Quid Pro Quo Sexual Harassment: The Bryson v. Chicago State University Case: 7th Cir. | Case\u2026 5/6 must recognize and address even nuanced employment benefits as inte- gral to career advancement, ensuring a more comprehensive applica- tion of Title protections. Case Details BRYSON, Plaintiff-Appellant, v SESAY, as Pro YEAR: 1996 CIRCUIT. Judge(s) John Louis CoffeyKenneth Francis Ripple Attorney(S) James P. Nally, Cheryl Alesia, Fioretti Desjardins, Chicago, IL, for Emily Bryson. Edward B. Miller, Patricia J. Hill, Seyfarth, Shaw, Fairweather Geraldson, Chicago, IL, David L. Stanczak (argued), Dunn, Ulbrich, Hundman, Stanczak Ogar, Bloomington, IL, for Chicago State University, Board of Governors of State Colleges and Universities. Karen J. Dimond (argued), Office of the Attorney General, Civil Appeals Division, Chicago, IL, for Avan Billimoria. Comments Write your comment \u00a9 2023 Gauge Data Solutions Pvt. Ltd. | Terms \uf09a \uf099 \uf0e1 Supreme Court High Courts Log In Sign Up \uf059 All CaseIQ (Powered by GPT) Columns 2/17/25, 2:07 Reversing Summary Judgment in Quid Pro Quo Sexual Harassment: The Bryson v. Chicago State University Case: 7th Cir. | Case\u2026 6/6"} |
8,477 | Mohamed Ghonaim | Central Connecticut State University | [
"8477_101.pdf"
] | {"8477_101.pdf": "\uf39e \uf16d\ue61b\uf09e Enter Search Term \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f News Showcase Documents Show Professors Accused Of Sexual Misconduct Went On To Other Universities Tom Hopkins, Staff Writer October 17, 2019 One former Central Connecticut professor and a former athletics coach who were found to have violated the university\u2019s nondiscrimination and sexual misconduct policies have gone on to find employment elsewhere in their fields. In one of these cases, and two additional cases where criminal charges were pressed allowed these men to resign from their positions, instead of properly terminating them. In a June 2017 report, recently released by the university via request, a female student alleged that adjunct professor Mohamed Ghonaim had sexually harassed her on multiple occasions. According to the complaint, Ghonaim repeatedly made comments about her appearance, calling her beautiful and saying that she Trending Stories OPINION: Hadestown is Overrated Students Kick Off the Semester with Karaoke Night OPINION: The real value of studying abroad The Owl House Ends with Poignant, Spectacular Finale Haid\u2019s Career-High 25 Points Leads Men\u2019s Basketball Past to Win Sixth Straight Game Recent Stories From Florence to New Britain: South Carolina at the heart of men\u2019s basketball success Marcus Saunders, Staff Writer \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f resembled his ex-girlfriend. After arriving to class late one day and missing a quiz, Ghonaim instructed the student to stay after class. While alone Ghonaim sat next to her and commented on her resemblance to his ex- girlfriend whom was once a student of his and \u201cindicated he would give her special treatment and allow her to make up the quiz,\u201d the report said. Upon completion of the quiz, Ghonaim asked to walk out together, the student, already fearful of him, agreed. Once they arrived at his car, Ghonaim gave her his cell phone number, hugged her and suggested he walk her to her car which was parked in a different lot (Kaiser). Once at her car he asked for a ride back to his car. During the car ride he touched her hair, hugged her and kissed her on the cheek before leaving, according to the complaint. In another interaction in his office, Ghonaim shared with her the details of a sexually explicit dream he had of which she was the subject dreamt you came to ask me a question after class and things get very heated,\u201d Ghonaim said according to the complaint. \u201cWe went to the back room and give it to you from behind. It was so real that woke up from it, like a wet dream.\u201d According to the complaint, Ghonaim also manufactured ways to get himself alone with the student. He graded her notebook from a group project last, assuring they would be alone in the classroom together, then offering to walk her to the Kaiser parking lot where he began parking, which was further away from the building he worked in than Vance lot he usually parked in. Upon arriving at his car, he asked her to get in and talk, she declined, but he pressured her. Once inside, he commented on her looks and how much he loved her body, he touched her hair and began creeping his hand to her back, then further down her back near her butt. Despite her uncomfortable body language Ghonaim continued until she said she had to leave, at which point he insisted she eat candy and drink water that was in his Men\u2019s basketball wins seventh straight after defeating Mercyhurst 73-63 at home Ari Kinder, Staff Writer Devin Haid earns fifth Player of the Week: Abdul Momoh named Prime Performer Eary Banushi, Sports Editor \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f car to show that she trusted him. She declined. Ghonaim then told her how much he want to touch her and that \u201che has the \u2018sex drive of a teenager\u2019 because he has \u2018high testosterone,\u2019\u201d according to the complaint. He then put his hand on her inner thigh, when she attempted to leave he put his arms around her and asked her to stay. Ghonaim then asked to kiss her, she said no. He kissed her on the cheek anyway. She had to struggle to finally be able to leave the car. Ghonaim confirmed parts of the student\u2019s allegation while denying others. However, the investigators found him to not be credible and, based on the evidence, found it more likely than not that he violated CCSU\u2019s Nondiscrimination and Sexual Misconduct Policies by creating a hostile learning environment based on gender and using threats, demands, or suggestions that retention of one\u2019s educational status is contingent upon toleration of or acquiescence in sexual advances Director of Public Relations, Janice Palmer, said in an email that Ghoniam left as the university was taking the proper steps to terminate him. Ghonaim continues to teach at the University of Hartford and the Community College of Rhode Island. Ghonaim did not respond to request for comment. Representatives from the University of Hartford were not immediately available for comment, but Ghonaim is listed in their online directory as an adjunct professor did not respond to request for comment, but he is listed as an associate professor the school\u2019s website report from April 2014 investigated another alleged violation of nondiscrimination and sexual harassment policies, involving the women\u2019s softball coach at the time, Jeffrey Franquet, that found he subjected a player or employee (identifying information was redacted) to \u201csevere, pervasive and persistent unwelcome comments and actions of a sexual nature.\u201d According to the complaint, Franquet asked a female employee for sex, made sexual comments to and about \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f female athletes and employees, made inappropriate comments to female athletes about their bodies and showed a female employee a nude picture of himself. The investigators interviewed 21 student witnesses and 12 employee witnesses, and found that Franquet made inappropriate comments about his player\u2019s bodies. It was reported by one player that he said \u201cIf was [in college], or if could would date (redacted player name) she\u2019s like the perfect girl.\u201d Another player said that he showed her an inappropriate photo of himself, possibly naked. Several players also reported that he made comments that he could \u201cbounce a coin off\u201d or \u201cbalance a cup\u201d off their butts, told one player she had a \u201cghetto booty\u201d and called some players fat. According to the report\u2019s findings, four female employees detailed at least one occasion where Franquet talked about his sex life or made a comment about a sex act he wanted to do with them. One employee reported that Franquet once gauged her interest in having a threesome with him and his wife. According to the report, there were also rumors that Franquet had an inappropriate, perhaps sexual relationship with one of his players, but investigators found no evidence of the claim and rumored player failed to appear for an interview. It was also reported second- hand that Franquet made a comment to one of his assistant coaches that he wanted to \u201cstick it in any hole\u201d of a player\u2019s body. However, investigators were unable to interview the person who allegedly told the players about the comment and therefore could not confirm it. Franquet recently took a job coaching women\u2019s softball at Delaware State University am pleased to welcome Jeff Franquet and his family to Hornet Athletics Director of Athletics Dr. D. Scott Dines said in an announcement welcoming Franquet as the head coach. \u201cWe conducted an experienced, deep search, and Jeff \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f rose to the surface as a great fit for Softball,\u201d Dines said. Franquet did not respond immediately for comment and representatives from Delaware State University were unavailable for comment. Palmer said in an email that Franquet was properly terminated by the university. It is unclear if the University of Hartford, the Community College of Rhode Island or Delaware State University knew of the sexual misconduct violations of their respective employees. Palmer explained that under the teacher\u2019s union contract cannot share employee files. \u201cThough the Collective Bargaining Agreement prohibits the disclosure of personnel records is able to share whether or not an employee was in \u201cgood standing\u201d when they left, retired, or were terminated from the University,\u201d Palmer said in an email. The inability to disclose personnel files has led to others who have violated CCSU\u2019s sexual misconduct policies to go on to find work in their fields. As reported in 2010, Moises Salinas, an associate professor of psychology and CCSU\u2019s first Chief Diversity Officer, the person who handles all incidents of sexual misconduct on campus, was found by the University Counsel, Carolyn Magnon, to have made \u201cunwelcome sexual advances\u201d on a student. The student, Krystal Rich, alleged, according to the report, that Salinas asked her to go to lunch with him and while at lunch sat uncomfortably close to her and repeatedly touched her inappropriately. He grabbed her hand, holding it while rubbing it with his other hand and repeatedly touched her thighs. After leaving the restaurant, Salinas made further unwelcome advances on Rich is his car. He again touched her thighs, then grabbed her arm to pull her closer to him and attempted to kiss Rich. She turn her head so his lips landed on her cheek. Salinas pulled her closer again and even though Rich turned her head i h d t ki h th th d th \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f again, he managed to kiss her on the mouth and then jammed his tongue through her closed lips. Salinas tried kissing her again, but Rich successfully turned away so he only caught her cheek. He then forced his hand between her thighs and slid it up to her crotch. In her report, Magnon recommended the matter be referred to Human Resources for further action. Charges were brought against Salinas, he pleaded no contest and received just a one year suspended sentence and a two year conditional discharge, with the conditions that Salinas resign from CCSU, not teach again and leave the country. Salinas went back to his home country of Mexico and became the Academic Dean at Hebraica University in Mexico City. He is now the Rector (president) of University Mexico, grimly ironic, as the institution focuses on social justice and leadership, according to their website. Salinas has had a book published by Random House since the incident. In another report from 2014, adjunct English Professor Daniel Gula sexually assaulted student Shannon Cunningham. According to the report, he asked her for a hug and when she hugged him he held her tightly, grouped her, tried to kiss her and then put his tongue in her ear. When she told him to stop he continued and exposed his genitals to her. When Cunningham was leaving he asked her, \u201cWhat do you expect me to do with this?\u201d as he pointed at his penis. When she bent down to pick up her bag and leave, Gula rubbed his body against her backside. As reported at the time, Cunningham did not initially press criminal charges against Gula. She only did so after she discovered that allowed him to resign and he was able to get a job at an all-women\u2019s college. \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f \u00a9 2025 Pro WordPress Theme by \u2022 Log in The Recorder The Student News Site of Central Connecticut State U\u2026 \uf39e \uf16d\ue61b\uf09e Enter Search Term \uf002 Home Staff About Submit a Letter \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f"} |
7,505 | John Patrick Shipwash | Pellissippi State Community College | [
"7505_101.pdf"
] | {"7505_101.pdf": "Pellissippi's former sexual harassment investigator quit after he sexually harassed a woman Published 4:00 a.m Aug. 10, 2018 Updated 10:48 a.m Aug. 10, 2018 The man who previously investigated allegations of sexual harassment at Pellissippi State Community College abruptly left the school last year after an investigation found he himself had sexually harassed a woman, documents show. Pellissippi hired John Patrick Shipwash in May 2015 to fill a new role: executive director of Equity and Compliance. In a recent letter published in the News Sentinel, Pellissippi President Anthony Wise touted the creation of the position as a positive step toward addressing sexual harassment on campus. Shipwash seemed a good fit at the time. He'd worked as an investigator for two decades, recently coming out of retirement to oversee internal investigations at the Tennessee Department of Human Services. Cases of sexual harassment and discrimination, he told Wise, were his specialties. Less than 2\u00bd years later, though, Shipwash found the roles reversed and himself under investigation. He faced a choice: resign or be fired. Previous coverage: Three women accused this Pellissippi professor of sexual harassment. He still has his job. Previous coverage: Pellissippi professor steps down from coordinator position after sexual harassment report Travis Dorman Knoxville 2/17/25, 2:07 Pellissippi: Sexual harassment investigator quit after harassing woman 1/5 'Am mortified to this day? Absolutely woman reported to the Tennessee Board of Regents on Aug. 2, 2017, that Shipwash visited her off campus in May 2016. She said he drank heavily and began speaking unprompted about his \u201csexual experiences and preferences,\u201d according to an investigative report released by Pellissippi in response to a public records request. She said Shipwash rubbed her back under her shirt, put his head on her stomach, and tried to massage her shoulders without her consent. Each time he touched her, she \"verbally and physically rebuked\" him, the report reads. The woman's name is redacted along with other details that could be used to identify her. Shipwash told the investigator he had been drinking whiskey and couldn't remember everything that happened that day. He said he had never known the woman, whom he once considered a friend, to lie or make things up. Discipline came swiftly after the investigation concluded on Aug. 30. The next day, Shipwash was called into a meeting with Wise and Carole Gary, the human resources director who would soon assume his responsibilities. \"They told me that had the option of resigning if didn\u2019t want to be terminated,\" Shipwash said in a recent phone interview opted to resign.\" Shipwash, 66, admitted he exercised \"extremely poor judgment\" and \"acted inappropriately\" toward his accuser. \"It was alcohol-sparked, and that\u2019s that,\" he said. \"Am mortified to this day? Absolutely. But am going to try to evade responsibility for it? No.\" 'Nobody knows what happened' Two days after the investigation concluded, on Sept. 1, Wise sent out a faculty-wide email saying Shipwash was no longer employed at Pellissippi. The president offered no explanation, which only fueled speculation among faculty members. \u201cNobody says anything about it, and nobody knows what happened,\u201d said Rick Oster, an accounting professor who\u2019s worked at Pellissippi for 25 years. \u201cWe thought (Shipwash) probably misapplied a policy or something. We never thought he did anything personally wrong.\u201d 2/17/25, 2:07 Pellissippi: Sexual harassment investigator quit after harassing woman 2/5 The revelation raises more questions about the culture inside the largest community college in East Tennessee. It follows news that Pellissippi did not fire or suspend longtime program coordinator and tenured professor Tom Gaddis after three women told college officials he sexually harassed them on campus. The school\u2019s own investigation, conducted months after Shipwash left, found Gaddis sexually harassed Caitlin Knight when she was a student in his culinary program from 2012 to 2014. Knight reported that Gaddis once told her to change her chef\u2019s coat in front of him while he blocked the only exit in his office, and that he later reached inside her pants and gave her a wedgie in a classroom at the University of Tennessee in Knoxville. Gaddis\u2019 punishment was a reprimand; Wise said administrators \"took action based upon the facts that we could prove in the case.\" It was only after the News Sentinel published a story about the finding against Gaddis that he stepped down from his position as culinary program coordinator and said he will take medical leave in the fall. He remains employed. 'Old guys just do this' Shipwash said he was \"beside himself\" when he read the recent stories about Gaddis \u2014 in part because he investigated Gaddis in 2015. That year culinary professor Holly Knowling spoke about Gaddis to a co-worker, who was obligated to report the conversation to Shipwash. Knowling told Shipwash that Gaddis subjected her to unwanted hugs, uncomfortable comments and unsolicited conversations about how often two people should have sex to maintain a healthy relationship. She also reported Gaddis frequently closed his office door when meeting alone with female students. Shipwash held a meeting with Gaddis and Knowling, and Gaddis said he would change his behavior. Pellissippi administrators have said they don\u2019t know of any misconduct since then; Knight's allegations against Gaddis predate that conversation. Knowling said she found Shipwash to be \"appropriate and fair,\" but one comment he made gave her pause. \"He said in some form that, 'Old guys just do this don't think Tom realizes what he's doing,' \" Knowling said did a big eye roll inside when he said that.\" 2/17/25, 2:07 Pellissippi: Sexual harassment investigator quit after harassing woman 3/5 In a separate interview, Catherine Carr said she was an assistant in Pellissippi's service learning program when a different male faculty member sent her an email she found to be sexually suggestive. She said that when she reported it, Shipwash told her, \"Men that age are from a different time told him you can't do stuff like that anymore.\" When asked about the comments, Shipwash suggested he was misunderstood. \"What said was ... back before women started asserting their rights, men got away with a lot more, and some guys are unwilling to change,\" he said. Despite the harassment finding against Shipwash, administrators believe all of his investigations at Pellissippi adhered to state guidelines, according to a statement provided by Pellissippi's marketing director, Julia Wood. 'You have to have evidence' Why did Shipwash face termination while Gaddis didn't? Investigations found both men had sexually harassed a woman \u2014 Gaddis on campus, Shipwash off campus Tennessee Board of Regents official investigated Shipwash, whereas a Pellissippi official handled the Gaddis investigation. Gaddis denied the allegations and said he accepted a reprimand only to avoid legal fees. Shipwash said he couldn't recall what happened, so he couldn't dispute the allegations against him. Shipwash said he believes Pellissippi treated Gaddis with favoritism because he's been a fixture there for two decades and is friendly with administrators, while he, by comparison, was an \"outsider.\" Pellissippi, on the other hand, maintains the disciplinary action taken in each case came after administrators reviewed the relevant policies and consulted with legal counsel from the Tennessee Board of Regents. Wood said Shipwash \"faced termination because the investigation revealed that he had taken actions which undermined his ability to effectively perform his job\" as an employee tasked with preventing and investigating cases of sexual harassment. One significant difference between the two men is that Gaddis has tenure, while Shipwash did not. The form of job protection has grown more controversial in recent years. 2/17/25, 2:07 Pellissippi: Sexual harassment investigator quit after harassing woman 4/5 \"Tenured and tenure-track faculty members and support staff have statutory job protections that administrative personnel and non-tenured faculty do not have,\" Wood said. Wise, the school's president, visited a Faculty Senate meeting last month along with director Carole Gary, who investigated Knight's complaint against Gaddis, and Annazette Houston, who replaced Shipwash as director of Equity and Compliance. The trio fielded questions from faculty members about how the college handles allegations of sexual harassment. Gary said the process for firing a tenured professor such as Gaddis requires a higher standard of proof than the type of investigation that found him guilty. She said the standard of proof for that investigation was, \"Is it more likely than not that these things happened?\" To fire a tenured professor, however, \"You have to be able to prove that these things happened,\" Gary said. \"You have to have evidence that these things happened, and that's very difficult to do, particularly a long time later.\" After the administrators left the room, some faculty members spoke more openly. They grappled with the issues surrounding harassment in academia. They asked questions about how to foster an environment that encourages students to report abuse. They discussed a proposed resolution regarding sexual harassment but set it aside after some attendees suggested the language was too vague. And they left that day, not knowing about Shipwash. Reach Travis Dorman at travis.dorman@knoxnews.com or on Twitter @travdorman. 2/17/25, 2:07 Pellissippi: Sexual harassment investigator quit after harassing woman 5/5"} |
7,620 | Alice A. Parker | University of Alabama | [
"7620_101.pdf",
"7620_101.pdf"
] | {"7620_101.pdf": "archive.today webpage capture Saved from no other snapshots from this url search 18 Mar 2025 13:00:55 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 Professor-Student Affair Leads to Lawsuit at U. of Alabama By Denise K. Magner June 7, 1996 In a nasty legal fight brewing at the University of Alabama, no one disputes that a professor who was the head of the women\u2019s-studies department had an affair with a graduate student in the program. But the professor and the student -- both women -- offer very different interpretations of their brief romance. And the university has become entangled in the case. Lawyers for the professor, Alice A. Parker, call the relationship a lapse of judgment but argue that she and the university had gone out of their way to insure that the student was not harmed academically. Last fall, as a result of the affair, Ms. Parker lost her position as chairwoman of the women\u2019s-studies department. She is still an associate professor of women\u2019s studies and Romance languages. In a lawsuit she has filed in U.S. District Court for the Northern District of Alabama, the graduate student, Dale Gray, accuses Ms. Parker of sexual harassment. She charges that the university failed to investigate the situation adequately and discipline the professor. The suit seeks compensatory and punitive damages in an amount to be determined by the court. Top Jobs from The Chronicle President of the University of Puerto Rico University of Puerto Rico (Finance) New York University School of Professional Studies Dean of the College of Public Policy Hamad Bin Khalifa University Assistant Teaching Professor of Chemistry Iowa State University- Department of Chemistry Tenure-Track Faculty in Biomanufacturing Search All Jobs Upcoming Events: Virtual Career Fair Women's Leadership Program Subscribe Sign In Sections Topics Magazine Newsletters Virtual Events Store Jobs Lawyers for Ms. Gray have told her not to comment on the case. Lauren Wilson-Carr, one of her two lawyers, says the student was damaged both emotionally and academically by the affair. \u201cShe was forced to withdraw from school,\u201d Ms. Wilson-Carr says. \u201cShe was delayed in receiving her degree. She was forced to drop any hopes of participating in a special Ph.D. program. \u201cWomen\u2019s studies is a small, close-knit group throughout the United States and Canada. Alice Parker and others can basically blackball Dale and dash her hopes of a future career in the field.\u201d Lawyers for the university and Ms. Parker dispute the charges. In its legal response to Ms. Gray\u2019s complaint, the university says that any problems that Ms. Gray had at Alabama were the result of \u201cher own sexual predatory conduct have never had a case where the versions of reality are as divergent,\u201d says Stan Murphy, a university lawyer. He and Ms. Parker\u2019s personal lawyer, Edwina E. Miller, note that Ms. Gray\u2019s age -- she is 40 -- makes the situation different from that of some innocent young woman\u2019s being taken in by a lecherous professor. \u201cShe\u2019s not Rebecca of Sunnybrook Farm,\u201d says Ms. Miller think she\u2019s somebody looking for a deep pocket, and she ain\u2019t going to find it.\u201d In fall 1994, Ms. Gray enrolled in a master\u2019s program in women\u2019s studies at Alabama. In her complaint, she says she became romantically involved with Ms. Parker that November, at the professor\u2019s invitation. Her complaint says she soon \u201cbegan experiencing relationship problems, depression and academic conflicts.\u201d According to the complaint, Ms. Parker and others in women\u2019s studies asked Ms. Gray to participate in an interdisciplinary Ph.D. program in \u201cqueer theory.\u201d But Ms. Gray abandoned that idea, the complaint says, at the urging of Ms. Parker, who, it says, was nervous about the \u201cacademic conflicts\u201d created by the relationship. Eventually, the complaint says, the professor issued an ultimatum: \" [C]hoose between staying in the Women\u2019s Studies program and staying in their relationship.\u201d Ms. Gray withdrew from the university in spring 1995. The professor required Ms. Gray to \u201cbehave in a submissive and subservient role in their romantic and sexual relationship as a term or condition of Plaintiff\u2019s education,\u201d the complaint adds. Ms. Gray\u2019s version of events is almost entirely disputed in the responses filed with the court by the university and Ms. Parker. They say Ms. Gray was the one who initiated the romance, and that Ms. Parker never issued any ultimatum or asked the student to be part of a Ph.D. program. They note that Ms. Gray returned to the campus and earned a master\u2019s degree in women\u2019s studies last year. \u201cMy client was totally not involved in Dale\u2019s academic career,\u201d says Ms. Miller, the professor\u2019s lawyer. \u201cShe recused herself on anything that would have required her approval.\u201d Mr. Murphy, the university\u2019s lawyer, acknowledges that Ms. Parker\u2019s decision to have an affair with a student in her program was \u201cinappropriate.\u201d \u201cThe university\u2019s policies are quite clear that amorous relationships between professors and people under their academic jurisdiction are prohibited,\u201d he says. He says Ms. Gray never filed a formal complaint of sexual harassment with the university. She did file a complaint accusing a secretary in the women\u2019s-studies department of defamation in an unrelated matter, he says. While investigating that complaint, Mr. Murphy says, officials learned of the affair and disciplined Ms. Parker. Her demotion as chairwoman involved a pay cut, he adds. Lawyers for Ms. Gray say the professor\u2019s punishment was too light. \u201cBy demoting her, they\u2019ve given her more classroom time so she can be around more young women,\u201d says Richard R. Newton, Ms. Gray\u2019s other lawyer. He and Ms. Wilson-Carr say Ms. Gray\u2019s age is irrelevant, and they accuse the university of character assassination. Ms. Gray describes herself as a transsexual and is in the process of becoming a man. Her lawyers say the university has tried to use that, as well as her age, against her. In a brief, the university states: \u201cStrictly speaking, the plaintiff is a woman. However, in interviews with media the plaintiff has publicly described herself as a transsexual who is in the process of modifying her physical gender attributes to resemble a man.\u201d If anyone\u2019s character is under assault, Ms. Parker says, it is hers. She charges that Ms. Gray\u2019s lawyers seem to be \u201ccapitalizing\u201d on the lesbian nature of the relationship to get attention for the case. \u201cIt\u2019s a nightmare,\u201d she says. \u201cIt feels like a legal stalking.\u201d She declines to discuss details of the case, on the advice of her lawyers. Mr. Murphy says the university will argue in court that the affair was wrong, but that officials handled it properly and protected Ms. Gray. In sexual-harassment cases, he says, colleges are torn between competing imperatives: They must have effective policies to combat sexual harassment, but they must also respect the privacy of professors. \u201cThe university,\u201d he says, \u201cends up being the hypotenuse in the love triangle.\u201d We welcome your thoughts and questions about this article. Please email the editors or submit a letter for publication. About the Author Denise K. Magner Denise K. Magner is senior editor of The Chronicle\u2019s advice section, which features articles written by academics for academics on faculty and administrative career issues. 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 Share 1255 23rd Street, N.W. 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7,533 | Anna Stubblefield | Rutgers University - Newark | [
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] | {"7533_101.pdf": "The chilling case of a former Rutgers professor is featured in new Netflix doc Published 10:19 a.m June 18, 2024 Anna Stubblefield was a Rutgers University-Newark philosophy professor with a concentration in ethics when, while working with a nonverbal Black man with cerebral palsy, said that the two fell in love and had consensual sex. Or did they? That\u2019s what Netflix\u2019s new documentary \u201cTell Them You Love Me\u201d asks audiences to decide \u2013 a question laden with issues of racism and consent that the legal system couldn\u2019t answer, either. Nearly two years after convicting Stubblefield, then a West Orange resident, of aggravated sexual assault in 2015 and sentencing her to 12 years at Edna Mahan Correctional Facility for Women in Hunterdon County, a New Jersey state appellate court overturned the conviction. It was overturned on the basis that no expert on facilitated communication \u2013 a controversial method of communication with one person helping a nonverbal person to place their fingers on a keyboard to transmit their thoughts \u2013 was allowed to testify in the trial on Stubblefield\u2019s behalf. More: Ex-Rutgers prof convicted of assaulting disabled man gets new trial Facilitated communication is how Stubblefield met and allegedly got to know Derrick Johnson, a man with cerebral palsy who had previously been evaluated to have the mental capacity of a 6-12 month-old. But through Stubblefield\u2019s facilitated communication with him, she claimed that Johnson was an intellectual trapped in a body that could not communicate his wishes. She and her Jenna Intersimone MyCentralJersey.com 2/17/25, 2:51 'Tell Them You Love Me' on Netflix features case of Rutgers professor 1/2 assistant attended classes with Johnson and wrote papers for him on books they had not read, she said. However, according to several prominent organizations, including the American Speech- Language-Hearing Association and the American Association on Intellectual and Developmental Disabilities, facilitated communication is a junk science where the facilitator is actually the author of typed messages, not the nonverbal person. More: Family of disabled man awarded $4M After Stubblefield \u2013 then married to someone else and with two children \u2013 told Johnson\u2019s mother and brother that she and Johnson were in love and had sex two times, his family contacted Rutgers which then reached out to the Essex County Prosecutor's Office. Johnson\u2019s family later recalled suspicious abrasions they saw on his back, insinuating that Johnson had been hurt by the escapades from the yoga mat Stubblefield had placed on her office floor for the two to have sex on. But according to Stubblefield, Johnson had been sexual aggressor, first typing to her that he wanted her to take off her shirt. After the first conviction was overturned, she accepted a plea deal by pleading guilty to criminal sexual contact and was sentenced to time served. But her plea did not concede that she believed Johnson lacked adult mental capabilities or that she had typed the messages based on her own thoughts rather than his. Looking back: Rutgers prof gets 12 years in prison Today, Stubblefield lives a private life and maintains that she and Johnson were in love. They key question in the case is whether Johnson had the intellectual ability to consent to sex. Viewers are left to to answer that question and decide whether the case is a tragic love story or the story of a severely handicapped man who was victimized by the woman his family once thought would transform his life. Staff Reporter Jenna Intersimone: JIntersimone@MyCentralJersey.com 2/17/25, 2:51 'Tell Them You Love Me' on Netflix features case of Rutgers professor 2/2", "7533_102.pdf": "All Access + the daily online newspaper \u2013 Start today for $1 Convictions overturned for professor accused in sex assault of disabled man Updated: Jun. 10, 2017, 1:21 p.m. | Published: Jun. 10, 2017, 12:21 p.m. Professor sentenced for sexually assaulting disabled man 1/14 14 Subscribe By Anna Merriman | For NJ.com - Former Rutgers-Newark professor Anna Stubblefield, who was accused of sexually assaulting a disabled man who was unable to speak, has had her convictions overturned after an appellate court determined she did not get a fair trial. The court ordered that Stubblefield get another trial overseen by a new judge. The decision was handed down Friday, overturning Stubblefield's two 2015 convictions for first-degree aggravated sexual assault. During the trial, the jury concluded that Stubblefield, then a 39-years-old philosophy professor, had sexually assaulted a then-29-year-old man known only as D.J. in 2011. The man had cerebral palsy and was unable to speak apart from making noises. Psychologists determined that D.J. couldn't consent to sex because he was mentally impaired. During the trial, Stubblefield's lawyers maintained that she and D.J. fell in love and that she was able to communicate with him through a typing method called \"facilitated communication.\" Anna Stubblefield (FILE) Following the conviction, Stubblefield was sentenced to two consecutive 12-year terms in prison and lifetime parole supervision. Much of Stubblefield's case focused on the accuracy and reliability of the controversial typing method, \"facilitated communication,\" which the appellate court referred to as \"FC,\" in its decision. Before the trial, Superior Court Judge Siobhan Teare, who presided over the case, ruled that there could be no expert testimony on the reliability or technique of because it wasn't a \"recognized science.\" Over the course of Stubblefield's 2015 trial, Essex County prosecutors presented three experts who all testified to D.J.'s mental incapacities. One expert, Dr. Howard Shane, who has a PhD in speech pathologies, testified that the man was not a candidate for augmentative communication devices because of his impaired mental state, the decision said. But Stubblefield's defense attorney had an expert witness too - Dr. Rosemary Crossley, an augmentative and alternative communication specialist from Austrialia who determined that D.J. could communicate and read, according to the decision. Crossley did an extensive, three-day videoed evaluation of D.J., which sought to determine his language and literacy skills and determine if he had, \"communicative intent,\" the decision said. She did use in her assessment but nothing that she used the device for factored into her overall assessment of D.J., the defense argued. However, her evaluation and videotape of the assessment were not brought into evidence - they were deemed unreliable because she had used in her assessment, the court ruled. \"The court believed Dr. Crossley's reports and examinations are inadmissible because her communication assessment is based upon an unrecognized field of science known as facilitated communication, rendering Dr. Crossley not an expert and her opinion inadmissible as a net opinion,\" the decision said in an overview of the facts of the case. In the decision, the appellate court sided with Stubblefield's defense attorneys, who claimed that by preventing Crossley from presenting her full evaluation of D.J., the court was preventing the defense attorneys from presenting their full argument. \"The jury and not the court should have ultimately determined whether Dr. Crossley's evaluation was persuasive, and whether the state proved defendant knew or should have known that D.J. could not consent,\" the appellate court ruled. Because they couldn't hear Crossley's full assessment, the jury was left with the impression that no expert or other person - apart from Stubblefield herself - believed that D.J. had the mental abilities to consent to sex, the decision said. \"Unfortunately, the court, in its attempt to cleanse the record of controversial methodology, limited the evidence to the extent that defendant was not given a fair opportunity to present her defense,\" the appellate court ruled. The court went on to call the facts of the case \"extraordinary,\" and that they called for \"a liberal admission of evidence supporting defendant's defense.\" The appellate court called for a new judge who would allow Crossley to testify regarding her evaluation and who would admit at least parts of her video evaluation into evidence for the jury to view. Stubblefield's case became a national story after her 2011 charges but the interactions date back almost ten years. She first met D.J. through his brother, who was a student in her class, in 2008. Stubblefield, then a department chair at Rutgers University, showed a film to her class regarding FC. The film prompted D.J.'s brother to approach his professor and ask for help for his brother. D.J. could not speak words, wore a diaper and needed help in day-to-day living, according to statement of facts in the decision. The professor began to have meetings with D.J. in 2009 - at first with his parents and then alone in her office. \"(Stubblefield) became convinced that D.J. had been misdiagnosed as having the intellectual ability of a young child,\" the decision said. In May 2011, Stubblefield told D.J.'s parents that she had sexual contact with their son and that they were in love, according to the decision. She then kissed D.J. in front of his parents. D.J.'s parents questioned whether he was capable of consent and tested him with questions only he would know, according to the decision. When they believed he answered the questions incorrectly, they told Stubblefield to stop having contact with their son and called Rutgers University with a complaint. The university reached out to the Essex County Prosecutor's Office who, after an investigation, charged and indicted Stubblefield on two counts of aggravated sexual assault. Stubblefield has never denied having sexual contact with D.J. but she has argued that he was mentally competent enough to consent to their interactions. Anna Merriman may be reached at amerriman@njadvancemedia.com. Follow her on Twitter @anna_merriman If you purchase a product or register for an account through a link on our site, we may receive compensation. By using this site, you consent to our User Agreement and agree that your clicks, interactions, and personal information may be collected, recorded, and/or stored by us and social media and other third-party partners in accordance with our Privacy Policy. About Us About NJ.com Advertise with us Contact Us Newsletters Jobs at Advance Media Accessibility Statement Subscriptions NJ.com The Star-Ledger The Times of Trenton South Jersey Times The Jersey Journal Newsletters Already a Subscriber Manage your Subscription Place a Vacation Hold Make a Payment Delivery Feedback NJ.com Sections N.J. News Local News N.J. Politics Sports High School Sports Entertainment Food & Recipes Events Business Opinion Jersey's Best Legal Notices Obituaries Jobs Autos Real Estate Rentals Classifieds Special Sections Local Life Contribute to NJ.com Submit an event Follow Us YouTube Facebook Twitter Instagram More on NJ.com Place an ad Sell your car Post a job Sell/rent your home Apartments & rentals Weather Site map Sponsor Content Search NJ.com Store Archives Newspaper stories and photos Learn more about our newspapers The Star-Ledger The Times of Trenton The Jersey Journal South Jersey Times Hunterdon County Democrat Mobile iPhone, Android apps | Privacy Policy | User Agreement | Ad Choices Use of and/or registration on any portion of this site constitutes acceptance of our User Agreement, (updated 8/1/2024) and acknowledgement of our Privacy Policy, and Your Privacy Choices and Rights (updated 1/1/2025). \u00a9 2025 Advance Local Media LLC. All rights reserved (About Us). The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. Community Rules apply to all content you upload or otherwise submit to this site. YouTube's privacy policy is available here and YouTube's terms of service is available here. Ad Choices", "7533_103.pdf": "Prerna & Vaagisha* Therapeutic Jurisprudence studies the manner in which law may be used as a tool for healing. By integrating law and psychological health, this field of legal scholarship seeks to evaluate the ameliorative effect of the legal process on the well-being of the participants. The object of its study is to determine how legal rules and procedures can and ought to be re-shaped to enhance their therapeutic potential, without having to compromise the due process of law. In the aforemen- tioned context, this paper examines how the core principles underlying therapeu- tic jurisprudence were ignored by the District Court of New Jersey while dealing with the high-profile case of Anna Stubblefield, who was charged with criminal sexual assault for having an allegedly non-consensual sexual relationship with a man who had cerebral palsy. The paper will analysethe instances in the trial where his alleged \u2018lack of intelligence\u2019 was tried to be established at the cost of dehumanising the victim. Continuing in the same vein, this paper also attempts to look at how language used in our day-to-day lives is inherently loaded with ableist and sanist assumptions so as to maintain power structures \u2013 a hierarchy designed specifically to subject certain bodies reflective of any differentness to be considered undesirable, and tries to develop an interdisciplinary understand- ing to address the issue. We further suggestadopting a \u2018situational approach\u2019 in such cases to ensure that the intellectually disabled participants are treated with dignity. Further, the paper argues that the victim\u2019s sexual autonomy was not con- sidered in the wake of his disability, and considers the manner in which the ableist and patronising approach adopted by such policies disregards the agency of dif- ferently abled individuals This paper is inspired by a trial that took place in the United States District Court of New Jersey, concerning a professor charged with the sexual assault of a mentally disabled man.1 While the case itself could be said to have dealt with numerous issues ranging from consent to agency, all of which have been widely discussed upon in different intellectual circles, the theoretical * 5th and 4th year students at National University of Study and Research in Law, Ranchi. We would like to thank the Board of Editors of the Law Review for their insightful comments. All errors, however, solely remain ours. 1 Roe v. Rutgers, The State University of New Jersey, 2013 SDW, Civil Action No. 13-1762; See also Jeff McMahan & Peter Singer, Who is the Victim in the Anna Stubblefield Case, The New York Times, April 3, 2017, available at victim-in-the-anna-stubblefield-case.html (Last visited on December 20, 2017). 238 11 L. Rev. 237 (2018) April - June, 2018 underpinnings of this trial on disability rights still remain to be discussed. This paper focuses on the societal perception of differently abled individuals and the manner in which this was perpetuated in the present case by the District Court of New Jersey \u2013 treating the victim as a \u2018freak\u2019 by the very same legal institution that was called upon to protect his interests. We argue that this warrants a shift in our understanding of law \u2013 law must be seen as a therapeutic device where it is not only concerned with adversarial triumphalism but is also considered with its influence on emotional life and psychological well-being of the participants. This branch of law, known as \u2018Therapeutic Jurisprudence\u2019, examines the influence of law and the legal procedure on the lives of the individuals involved,2 and in do- ing so, explores how adherence to its principles can maximise a disabled person\u2019s chances of being treated with dignity.3Judges, lawyers, and judicial officials have been aware of the practice of considering the interests of such individuals since a long time.4 This is reflected, for example, when a brief adjournment period is allowed by the judge when a witness experiences a particularly trying time while testifying in the witness box. However, any progress made in this regard has been intermittent, and until recently, no general theory has been developed analysing the manner in which law affects the well-being of the participants in conjunction with its primary objective of ensuring justice. It is believed that therapeutic juris- prudence fills this gap.5 Before going into its jurisprudential aspects, it is imperative to shed some light on the facts of this case, which are discussed in detail in Part of the paper. In Part of the paper, we see therapeutic jurisprudence as an obligation that ensures the dignity of the participants. This concept is first explored through Professor Ronner\u2019s theory which is a commitment to the three \u2018V\u2019s (namely, \u2018voice\u2019, \u2018validation\u2019 and \u2018voluntariness\u2019) central to the concept of therapeutic ju- risprudence.6 The second subsection focuses on the Anna Stubblefield case, and suggests practices that should have been incorporated in the decision-making pro- cess to ensure that the objectives of therapeutic jurisprudence were met. Moreover, additional legal reforms are also suggested in this regard. In Part IV, the present paper, apart from describing how the trial in the Stubblefield case failed by thera- peutic jurisprudential standards, will touch upon the issue of people with mental disabilities not being given autonomy in their sexual decision making, and will try to frame these issues by considering them in the context of therapeutic jurispru- dence. Through this section, the paper will also discuss the ways in which both 2 Michael Perlin, Sexuality, Shame, Disability and Therapeutic Jurisprudence, December 4-5, 2014, available at PerlinNY14meetingSexualityShameDisabilityandTherapeuticJurisprudence.pdf (Last visited on January 16, 2018). 3 Michael Perlin & Meaghan Gallahager, Why a Disability Rights Tribunal Must Be Premised on Therapeutic Jurisprudence Principles, 10 Psychological Injury and Law 3 (2016). 4 The Australasian Institute of Judicial Administration, The Concept of Therapeutic Jurisprudence, available at clearinghouse/the-concept-of -therapeutic-jurisprudence (Last visited on January 16, 2018). 5 Id. 6 Ronner,infra note 37 239 April - June, 2018 lawyers and judges discount and trivialise the experiences of people with mental illnesses. Lastly, Part concludes by analysing the manner in which this process is embedded in our everyday spoken language. This idea is explored in the context of \u2018enfreakment of language\u2019, a term that incorporates both the manner in which \u2018enfreakment\u2019 is imposed upon individuals as well as the heuristic that allows us to observe this practice.7 The case of Anna Stubblefield unfolds much like a tragic opera. On October 2, 2015, Anna Stubblefield, an Associate Professor of Philosophy at Rutgers-Newark, and disability studies scholar, was charged with criminal sexual assault for having an allegedly non-consensual sexual relationship with a man that the newspapers later referred to as \u201cD.J.\u201d.8 The jury believed that D.J., whom Stubblefield claimed to be in love with, was unable to consent to sex.9 This was because D.J. at the time of the incident was a thirty-four year old man who had cer- ebral palsy and could not speak.10 However, the accused in this case claimed before the court that there was mutual consent for the sexual relations that took place.11 In D.J.\u2019s instance, consent had been given through a communication software us- ing a technique called Facilitated Communication (\u2018FC\u2019).12 The case thus hinged on whether the victim could communicate using this method where a helper sets up a device and provides support to a subject, while they make gestures towards certain letters or pictures. However, the Court ultimately refused to consider the legitimacy of and sentenced Stubblefield to twelve years.13 Shortly after her conviction, numerous accounts were written of the events leading up to Anna\u2019s trial, most of which mentioned the \u2018debunked pseudo- science\u2019 of FC.14 There were other articles that also casted some aspersions \u2013 Was D.J. actually incapable of giving consent? Did Anna fall for D.J. or for some dis- sociated aspect of herself?15 Questions such as these posed by popular media out- lets completely overshadowed the scope of disability rights in this particular case, 7 Wheeler,infra note 115. 8 Roe v. Rutgers, The State University of New Jersey, 2013SDW, Civil Action No. 13-1762. 9 Wichert, infra note 44. 10 Id. 11 State of New Jersey v. Marjorie Anna Stubblefield, 2017 Superior Court of New Jersey, Appellate Division, Docket No. A-02112-15T1, \u00b66. 12 Id.,\u00b65. 13 Id. 14 Mark Sherry, Facilitated Communication, Anna Stubblefield and Disability Studies, 31 Journal of Disability and Society 7 (2016). 15 Daniel Engber, The Strange Case of Anna Stubblefield, The New York Times Magazine, October 20, 2015, available at stubblefield.html?referer= (Last visited on January 15, 2018);See alsoM- cMahan & Singer, supra note 1. 240 11 L. Rev. 237 (2018) April - June, 2018 which brings us now to a completely different narrative, one which considers that there was actually no fair trial in the present case. On reading one of the written accounts of a differently abled indi- vidual attending the opening day testimony of these proceedings, one finds that there were many ableist assumptions on display at the hearings.16 Throughout the course of the trial, there were numerous instances where D.J. was treated as a \u2018freak\u2019 by the prosecution to establish the fact that there could have been no valid, consensual sexual activity between the victim and the defendant owing to the for- mer\u2019s \u2018lack of intelligence\u2019.17 Disability studies scholars discussing upon the issue have suggested that the victim did not testify in the case, and argue that without his testimony,there is no case against Stubblefield as it would be impossible to know whether D.J. had consented or not.18 One of the written accounts of the trial does mention that the legal guardians of the victim indeed brought him to court one day where he was presented as a non-verbal \u2018demonstrative exhibit\u2019.19 It is this element of the proceedings that has been widely critiqued by disability studies scholars, and one which we are particularly interested in, which was \u201cto parade a disabled person as an exhibit which was eerily reminiscent of the \u2018 freak shows\u2019 of yesteryear.\u201d20 From the above statement, it is evident that D.J. was \u2018exhibited\u2019 in the legal proceedings as someone who was not fully human. This is reflective of our societal attitudes, where the policies made in pursuance thereof demean, shame and humiliate persons with disabilities on an ongoing basis. Legal institu- tions focus on how such individuals are different from the rest of society, thereby denying them the basic standards of humanity, and suppressing any recognition of their shared physical, emotional and spiritual needs.21 This is where the applica- tion of therapeutic jurisprudence principles is required. We need to consider every individual as having an intrinsic worth, and mandate that the state should not treat individuals in a manner that is inconsistent with this worth.22 The legal process in accordance with such principles would meet the basic tenet of ensuring the dignity of every individual participating in the legal process, especially differently abled individuals. 16 Taylor,infra note 75. 17 State of New Jersey v. Marjorie Anna Stubblefield, 2017 Superior Court of New Jersey, Appellate Division, Docket No. A-02112-15T1, \u00b629. 18 Mintz, infra note59; McMahan & Singer, supra note 1. 19 Engber, supra note 15. 20 Kathryn Hampshire, Freak Shows and Human Zoos, 3 Digital Literature Review (2016), avail- able at (Last visited on May 31, 2018); Jasmine E. Harris, The Role of Support in Sexual Decision-Making for People with Intellectual and Developmental Disabilities, 77 Ohio State L.J. Furthermore (2016). 21 Perlin, supra note 2. 22 Carol Sanger, DecisionalDignity: Teenage Abortion, Bypass Hearings, and the Misuse of Law, 18 Colum. J. Gender & L.2 (2008 241 April - June, 2018 Therapeutic jurisprudence emphasises on law\u2019s influence on the emotions as well as the mental well-being of the individuals that it affects.23 Legal processes and outcomes either impedes, improves or neutralises their effects on the psychological health of a person, and according to this branch of jurispru- dence, value should be given to those procedures that give priority to the welfare of the individual.24 In other words, it states that law is a social force and one that must strive to be a therapeutic consequence. With respect to the court process, therapeu- tic jurisprudence studies the curative part that a court may play in the psychologi- cal health of the litigants.25 Therapeutic jurisprudence seeks to ascertain whether legal rules, procedures, and lawyers\u2019 roles can or should be adapted, to optimise their therapeutic potential, while not subverting the principles of due process.26 In its essence, the legal process as well as its outcome is considered in terms of how they impact the whole person. However, there is some inherent tension in this kind of enquiry, which is raised by the question of whether the law\u2019s functioning as a therapeu- tic agent supersedes law\u2019s another significant function of serving justice. David Wexler identifies a solution for resolving this issue, stating that the concern for the mental well-being of participants cannot impinge upon the apprehensions of justice being done.27 In other words, a balanced approach needs to be considered where the law serves an ameliorative purpose while retaining the legitimacy of the legal process. For instance, while looking into the situational context of what inspired an offence, it is agreed that one must emphatically engage with all the dimensions of the victim of an alleged offence and their resultant suffering. However, at the same time, there must equally be a place for a critique to ensure that all reasonable doubts available to the accused have been explored. Thus, an investigation into the possible therapeutic outcomes of the legal process would not mean that thera- peutic concerns would supersede civil rights and civil liberties.28 This is further discussed in Part of this section with regard to the Anna Stubblefield case \u2013 al- lowing D.J. to testify in the proceedings would have fulfilled both the objectives of justice and dignity. While it would have given a balanced view of the case and 23 David Wexler, From Theory to Practice and Back Again in Therapeutic Jurisprudence: Now Comes the Hard Part, 37 Monash University Law Review 1 (2011). 24 Kate Diesfeld& Ian Freckelton,Involuntary Detention and Therapeutic Jurisprudence: International Perspectives on Civil Commitment 23, 26(1st ed., 2003). 25 Bruce J. Winick & David B. Wexler, Judging in a Therapeutic Key: Therapeutic Jurisprudence and the Courts 7, 13 (2003). 26 Michael L. Perlin, You Have Discussed Lepers and Crooks\u201d: Sanism in Clinical Teaching, 9 Clinical L. Rev.683 (2003). 27 David B. Wexler, Therapeutic Jurisprudence and Changing Conceptions of Legal Scholarship,11 Behav. Sci. & L. 17 (1993). 28 Michael L. Perlin Law of Healing, 68U. Cin. L. Rev. 2(2000). 242 11 L. Rev. 237 (2018) April - June, 2018 made for a fair verdict, allowing D.J. to voluntarily participate in the proceedings would be recognition of his agency in the proceedings relatively new concept, therapeutic jurisprudence has thus been described as bringing a \u201csea change in the ethical thinking about the role of the law\u201d29 in its pursuit to use the law to expand the scope of individual rights for psy- chological betterment. It signifies a shift towards a practice of law that distinctly considers the relation between the legal process and the individual, one which em- phasises \u201cpsychological wellness over adversarial triumphalism.\u201d30 As has already been established, therapeutic jurisprudence mandates that individual dignity is ensured, and this would require cases to be seen on a situational basis.31 The par- ticular circumstances of a case should be seen, and this precludes any uniform rule that may be applied. Additionally, the notion of individual dignity that was embod- ied in the concepts of self-worth, empowerment and self-determination,was the crux of a jurisprudential and moral outlook that brought about reforms in criminal justice institutions.32 In a similar manner, there are certain principles central to the concept of therapeutic jurisprudence that must be followed by the courts, as we shall discuss in the subsequent part. Further, since people with disability are con- sidered to be experts in their own experiences, law and the legal procedure should include the participation of people with intellectual disability in cases pertaining to their lives, bearing in mind such principles. In light of this, we have divided the section into two subsections \u2013 while Part elaborates on the three \u2018V\u2019s, i.e., the three central tenets of therapeutic jurisprudence, Part gives certain suggestions by which the legal process in the Anna Stubblefield case could have been made therapeutic Litigants must be given an opportunity to convey their side of the story, i.e., they must be given a sense of participation in the legal proceedings. In order to influence a decision, Professor Amy Ronner states that it is necessary that the \u201cthree \u2018V\u2019s\u201d central to therapeutic jurisprudence, i.e., \u2018voice\u2019, \u2018validation\u2019, and \u2018voluntariness\u2019, be provided to them.33 She stresses the importance of the \u201cthree \u2018V\u2019s\u201d while making the argument that these are the basic concepts: the first, i.e., 29 Warren Brookbanks, Therapeutic Jurisprudence: Conceiving an Ethical Framework, 8 J. L. & Med.3 (2001). 30 Bruce J. Winick, Overcoming Psychological Barriers to Settlement: Challenges for the Lawyer, The Effective Assistance ofCounsel: Practicing Law as a Healing Profession 341- 363 (Marjorie A. Silver, 2007). 31 Janine Benedet& Isabel Grant, Hearing the Sexual Assault Complaints of Women with Mental Disabilities: Consent, Capacity, and Mistaken Belief, 52 McGill L.J. 2 (2007). 32 Daniel Rothbart, Systemic Humiliation in America: Finding Dignity within Systems of Degradation 186 (2018). 33 Amy D. Ronner, The Learned-Helpless Lawyer: Clinical Legal Education and Therapeutic Jurisprudence as Antidotes to BartlebySyndrome, 24 Touro L. Rev. 4 (2008 243 April - June, 2018 \u2018voice\u2019, implies that litigants must have the right and ability to make themselves heard and to make their experiences and perspectives available to the decision maker.34 They must have a sense of voice to participate in their construction of self and to decide how to represent the self to others. This is linked to the second concept of validation, when the litigant feels that their version of the event has been genuinely taken into account by the tribunal \u2013 in short, recognition fosters a sense of validation.35 Ronner writes that the two together allows the individual to feel that his legal participation is that of his own free will rather than the legal proceedings forcibly compelling him to do so.36 When the legal proceedings allow the participants to have a sense of voice and validation, they are relatively satisfied with the outcome. When the litigants feel that they have voluntarily participated in bringing about the end result, or a judicial pronouncement that has a direct effect on their lives, it creates a sense of control and initiates healing. In short, she writes that human beings thrive when they believe that their decisions are attributable to their own choices.37 This is a legal process that gives litigants a chance to be a part of the proceedings, warrants their faith, and considers their individual autonomy.38 The judge presiding over the Stubblefield proceedings refused to consider the validity of as a legitimate mode of communication while deciding the matter, thus excluding all related evidence. Moreover, no text from D.J.\u2019s keyboard was allowed to be introduced, as ruled by Judge Teare at the onset of the trial itself.39 We note that this in itself should be considered as a setback to the first tenet of the concept of therapeutic jurisprudence, where the first \u2018V\u2019, i.e., Voice \u2013 was taken away from the victim by the legal process. It is to be discerned that was the only mode through which D.J. could communicate and make his wishes known (according to Stubblefield and her lawyers) here, notwithstanding the fact that had been debunked as a pseudo-science. When the court made such com- munications via inadmissible in a case like this,40 it denied D.J. a voice in the trials. Instead, it should have made all possible attempts to make an effort to grant him some form of agency which was required in order for him to testify.41 34 Id. 35 Id., 601. 36 Id. 37 Amy D. Ronner, Songs of Validation, Voice, and Voluntary Participation: Therapeutic Jurisprudence, Miranda and Juveniles, 71 U. Cin. L. Rev. 89 (2002). 38 David B. Wexler, Michael L. Perlin, Michel Vols, Pauline Spencer&Nigel Stobbs, Current Issues in Therapeutic Jurisprudence, 16 L. Rev. 3 (2016). 39 Daniel Engber, Talking Without Talking, Slate Magazine, April 11, 2017, available at http:// www. slate.com/articles/health_and_science/science/2017/04/will_anna_stubblefield_get_a_new_ trial_in_her_facilitated_communication.html (Last visited on January 16, 2018). 40 State of New Jersey v. Marjorie Anna Stubblefield, 2017 Superior Court of New Jersey, Appellate Division, Docket No. A-02112-15T1, \u00b640. 41 David M. Perry, Sexual Ableism, Los Angles Review of Books, February, 25, 2016, available at (Last visited on January 16, 2018). 244 11 L. Rev. 237 (2018) April - June, 2018 Further, with respectto the second \u2018V\u2019, i.e., validation, as per Ronner\u2019s theory,42 it is argued that the victim in the present case did not receive any sense of validation even after undergoing the cumbersome legal process. During the entire course of the trial, the prosecution painted a picture of D.J. as someone who by reason of his mental disability could not have been possibly considered sexually desirable by anyone. This reflects a common global experience of people with disabilities, where society fails to view them as sexual beings.43 The interview- given by one of the jurors perfectly signifies this underlying ableist assumption at display during the course of the said trial. He was found on record stating that couldn\u2019t understand why she did it when did see him was like, you\u2019re going to leave your husband and your kids for someone like this?\u201d44 The individuality of D.J. as a human being was disregarded, as was his ability to feel and communicate sexual desire, if any, felt by him. This ultimately resulted in giving way to the as- sumption of \u2018undesirability of disability\u2019. Michael Gillcallsthis form of prevalent sexual ableism and undesirability of disability and disabled bodies as a contradic- tion of sexual capability where individuals with intellectual disabilities are de- sexualised.45 In other words, people with intellectual disabilities are perceived as unable to participate in voluntary social interaction as per him; a common view that disabled people\u2019s sexuality is intrinsically tied to their disability implying that anything sexual, that is not a direct result of their disability, is disregarded. This remains true whether it be the prejudice and discrimination faced by them or the effect of the incomplete, disadvantaged body.46 Moreover, Gill in his book warns the readers about the danger of a single story, arguing that reducing people to only a sum of their disability while ignoring the other aspects of their personhood makes it harder for us to recognise their equal humanity.47 Discussing the interplay of sex and intellectual disability, Gill states that people generally only consider what seems them to be the most \u2018likely\u2019 singular story of victimhood. They do not consider any other narrative. In such a case, we bring our own idea of what that story must be to the facts, modifying them to fit our predetermined biases. When discussing issues of sexual and reproductive rights in conjunction with differently abled individuals, Gill writes that the most common response he encounters to such discussions is that which imagines the most \u2018severe\u2019 case. He propounds that by attempting to state that individuals with \u2018severe\u2019 mental disabilities are not wor- thy of being given sexual and reproductive rights, such responses seek to discredit 42 Ronner, supra note 33. 43 Jane Maxwell, Julia Watts Belser& Darlena David Health Handbook for Women with Disabilities (1sted., 2008). 44 Bill Wichert, Juror explains why professor was convicted of sexually assaulting disabled man, New Jersey Advance Media News, October 3, 2015, available at dex.ssf/2015/10/why_was_professor_convicted_of_sexual_assaulting_d.html (Last visited on January 16, 2018). 45 Michael Gill, AlreadyDoing It: Intellectual Disability and Sexual Agency 106 (2015). 46 RenuAddalakha, Janet Price & Shirin Heidari, Disability and Sexuality: Claiming Sexual and Reproductive Rights, 25 Reproductive Health Matters50 (2017). 47 Talks, Chimamanda Ngozi Adichie: The Danger of a Single Story,October 7, 2009, avail- able at (Last visited on December 15, 2017 245 April - June, 2018 any efforts towards securing such rights.48 According to him, these responses only consider a single narrative, without taking individual cases into account.49 It is to be noted here that taking a look at the Stubblefield case, one can easily discern that the judge presiding over the case as well as the jury buys into only one of the possible narratives. In their opinion, the sexual relationship between a highly renowned professor and her patient who was a disabled man, could not have possibly been a consensual one and could only be termed rape. This is evidence of the ableist fetishism of disability,50 which mocks the person with disability in sexual relationships,51 and glorifies or vilifies their non-disabled partners,52 due to the attribution of no agency on part of the former. In such a situ- ation, we argue that it would have been impossible that the victim would attain any sense of validation by participating in the legal process which only pitied him owing to his disability rather than trying to make an actual attempt to give him an agency to testify and make his voice heard before the courts. Thus, in our opinion, the legal institutions at work in the Stubblefield case failed to give D.J. any sense of validation, resulting in an impediment to Ronner\u2019s second central tenet of the principles of therapeutic jurisprudence. Coming to Amy Ronner\u2019s third and last tenet of the principle of ther- apeutic jurisprudence, i.e., voluntariness, it is pointed out that it is only when the two aforementioned principles of voice and validation are accorded to them that the litigants emerge from the legal outcome with an active sense of participation; one which makes their experience of the proceedings less coercive.53 Following this thread, we argue that in the present case, D.J. had no feeling of control over the decisions that were made for him by the judge and the jury, as these were made without taking into consideration his voice or giving him any sense of validation (as described in the paragraphs above). The process did not even attempt to make him an effective participant in the course of the said trial,which if done otherwise, could have resulted in the healing of the victim. In such a scenario where D.J. was reduced to a mere unconscious object, the entire motive of the legal process, to bring justice to the victim, failed. 48 Gill,supra note 45,72. 49 Id. 50 Privacy R. Adams, Dependency, Discegenation: Toward a Sexual Culture for People with Intellectual Disabilities, 35 Disability Studies Quarterly 1 (2015). 51 Campbell F. Kumari, Refusing Able(ness Preliminary Conversation About Ableism, 11 M/C/ Journal 3 (2008). 52 Kim Sauder, \u2018Why are you Complaining? Some People Actually Feel that Way Critique of \u2018Me Before You\u2019, The Huffington Post, May 23, 2016, available at kim-sauder/why-excitement-me-before-you-is-deeply-troubling_b_10108260.html (Last visited on January 24, 2018). 53 Ronner, supra note 33, 94-95. 246 11 L. Rev. 237 (2018) April - June, 2018 In this context, it needs to be stated that \u2018effective participation\u2019 en- tails that the participant, be it a victim or an accused, comprehends the character of the trial process and the implications of the possible outcomes, including any penal ramifications.54 This also means that an interpreter, a lawyer, a social worker or a friend may be called to assist him, in order for him to understand the general thrust of what is being said in the court.55 The application of therapeutic jurispru- dence principles is an ongoing process. In the present case, this would entail D.J.\u2019s involvement at all stages of the legal proceedings, in terms of both, giving his testimony as well as understanding what was being said. Thus, instead of bringing about a reform in the legislature, it is a method of reforming the practice of law itself \u2013 analysing how law may be applied in order to bring about therapeutic con- sequences. In the present case, this would imply following inclusive legal methods that would not have reduced D.J. to a non-speaking exhibit. The application of therapeutic jurisprudence principles by the courts, and the extent to which they are applied, can be viewed on a continuum.56 In Anna Stubblefield\u2019s case, at one end of this continuum, therapeutic jurisprudence principles could have been practiced by the judge in the courtroom by allowing alternative means of communication for D.J., through a concept known as communication accessibility.57 At the other end of the continuum, the entire trial could have integrated therapeutic jurisprudence principles within the legal procedure as well as the decision-making process, ei- ther by use of non-ableist language or through a liberal admission of evidence. Therapeutic jurisprudence mandates that judges be aware that they function as therapeutic agents and employ an ethic of care.58 Access to an appro- priate augmentative communication system for D.J., which would allow him to ex- press himself, would fulfil this particular requirement.59 much more substantial way of interacting with D.J. could have been incorporated by way of communica- tion accessibility, by taking material or discursive actions to include alternative 54 v. United Kingdom, 2004 ECHR, 40 121, \u00b629 (stating the ruling by the European Court of Human Rights that the applicant\u2019s right to a fair trial had been breached because he had not had \u2018effective participation\u2019 in the trial). 55 Polly McConnell & Jenny Talbot, Mental Health and Learning Disabilities in the Criminal Courts: Information for Magistrates, District Judges and Court Staff, The Prison Reform Trust & Rethink Mental Illness (2013), available at mhldcc_sept2013.pdf (Last visited on March 30, 2018). 56 David Rottman& Pamela Casey, Therapeutic Jurisprudence and the Emergence of Problem- Solving Courts, 240Nat\u2019l Inst. Just. J. 12-19 (1999). 57 Zach Richter, Some Notes on Communication Accessibility Term Just Now Finding Life, December 1, 2015, available at accessibility-a-term-just-now-finding-life (Last visited on February 28, 2018). 58 Winick & Wexler,supra note 25. 59 Kevin Mintz, Ableism, Ambiguity, and the Anna Stubblefield Case, 32 Disability and Society 10 (2017 247 April - June, 2018 ways of communicating.60 This would include admitting testimonies obtained through FC, as discounting these would make it difficult to determine whether justice was being done. In such a situation, consent or its lack thereof, became a detail shrouded in ambiguity. Enabling D.J. to find his \u2018voice\u2019 in the legal proceed- ings, whether through or through witness testimonies, would have made him an active agent in the decision-making process. To uphold this tenet of therapeutic jurisprudence, Winnick and Wexler propose that judges who might be interested in learning more about therapeutic jurisprudence could get training by courts and academic experts.61 Further, keeping abreast of social science principles that could have been applied in the present case could also have helped in the overall deci- sion-making process.62 On a more systematic and operational level, the court system could have offered expertise or provided resources,63 in the form of a prosecutor who had basic knowledge of D.J.\u2019s disability, so that he could ensure that D.J. was represented with respect and dignity instead of portraying him as a freak. The prosecution highlighted the fact that D.J. wore diapers, to depict him as a child who would be unable to give sexual consent.64 While this was not in any way in- dicative of D.J.\u2019s intellectual capacity, the purpose that was sought to be achieved through this statement was the portrayal of D.J. as an infant. In light of how briefly he was paraded before the jury, therapeutic jurisprudence principles suggest that he should not have been infantilised. Incapacity to give consent should not have been seen in the wake of how D.J.\u2019s behaviour differed from that of \u2018normal\u2019 peo- ple. On the contrary, his activities and expression should have been seen from a different perspective, and his agency should have been taken into account. In addition to D.J.\u2019s treatment as an exhibit, disability studies scholars have also cri- tiqued the language used in the case.65 In court documents, D.J. was described as suffering from cerebral palsy and mental retardation, with \u2018the mental capacity of a toddler\u2019.66 Unfortunately, the language of the court system, as evinced in this case, is often disablist. Given that the courts need to use the specific language of the criminal code in their verdicts,67 alternative language to the term \u2018mental re- tardation\u2019 was not possible in this case. Nevertheless, it would have been possible to use an alternative word other than \u2018suffering\u2019 to describe the experience of hav- ing cerebral palsy. For instance, a simple description of D.J. as an individual with cerebral palsy would have sufficed for the purpose of identification. 60 Richter, supra note 57. 61 Winick & Wexler,supra note 25. 62 See also Amy Rublin, The Role of Social Science in Judicial Decision Making, 19 Duke Journal of Gender Law and Policy 1 (2011) (discussing that the social context in which the law is applied is not static and evolves over time, it is therefore imperative to examine the interplay of social sci- ence and law). 63 Id. 64 Roe v. Rutgers, The State University of New Jersey, 2013SDW, Civil Action No. 13-1762. 65 Mintz, supra note 59; Sherry, supra note 14. 66 Engber, supra note 15. 67 Sherry, supra note 14. 248 11 L. Rev. 237 (2018) April - June, 2018 Therapeutic jurisprudence also requires that courts tailor their ap- proach while dealing with the particular aspects of a case.68 In this case, this would include admitting evidence from sources that provided a holistic view of D.J.\u2019s intellectual capacity. During the course of the trial, a witness(an assistant) who had met with D.J. as a college student was forbidden from testifying and telling the jury of her interactions with him.69 This amounted to the repression of what could have been invaluable information as to D.J.\u2019s psyche, since allowing her to talk about her experience with D.J. would have allowed her a chance to convince the jury of her reasons for her anomalous perception of D.J.\u2019s capabilities. In the present case, the facts of the case were highly unusual, and in order to decide on a fair judgement, it was necessary to render a complete account of the events. Hence, a liberal admission of evidence supporting the defendant\u2019s defence, if allowed, would have better served the purpose of therapeutic jurisprudence. In the same vein, therapeutic outcomes in consonance with legal values could be discussed in the admission of evidence in courts by convening discussion groups with scholars and practitioners to consider the issues of paramount concern to the courts in their jurisdiction and the ways in which therapeutic jurisprudence might address those issues.70 In Anna Stubblefield\u2019s case, incorporation of therapeutic jurisprudence principles in the above manner would have improved the court\u2019s performance by providing jury members with information about D.J.\u2019s capacity to consent, and hence, giving a balanced view of the case. Efforts to understand the matter should have been guided by the understanding of his sexuality by people who were them- selves differently abled. This understanding should have been recognised by de- veloping context-specific strategies to facilitate the same. Thus, we can see that the trial in the Stubblefield case ultimately resulted in making the entire experience of the proceedings coercive for D.J. rather than inviting his voluntary participation in the same, frustrating the con- cept of therapeutic jurisprudence as a consequence. The legal institutions in this case failed in every aspect when they were approached to provide D.J., the three \u2018V\u2019s (\u2018voice\u2019, \u2018validation\u2019 and \u2018voluntariness\u2019). Further, if the judges in the case would have been versed with the aforementioned concept, measures could have been adopted and help could have been provided for D.J. that would have ensured his participation in the proceedings with dignity, instead of being \u2018exhibited\u2019 and treated as an object. As evidenced in the Stubblefield case, not all individuals of different disabilities have been conceived as persons and rights holders. This high- lights the need for amplifying the possibilities of terms under which \u201chumanness\u201d 68 For instance, judges and other legal actors while dealing with juvenile drug addicts understand that, adolescents often respond differently from adults, as they are more inclined to risk-taking behaviour. As a result, common techniques used for adult drug addicts might be totally ineffective or have anti-therapeutic consequences for juvenile offenders. See Monica K. Miller & Brian H. Bornstein, Stress, Trauma, and Wellbeing in the Legal System (2013). 69 Colleen Flaherty, Second Chance for Fallen Philosopher, June 12, 2017, available at insidehighered.com/news/2017/06/12/professor-accused-raping-disabled-man-sees-her-convic- tions-overturned (Last visited on February 28, 2018). 70 Winick & Wexler,supra note 25 249 April - June, 2018 is conferred.71Hence, it is to be noted that there are many critical issues at play in this matter which remain unresolved because our society still seems uneasy and uncomfortable while talking about sexual agency of mentally disabled people Michael L. Perlin in his book \u2018The Hidden Prejudice: Mental Disability on Trial\u2019 discusses the ways in which both lawyers and judges discount and trivialise the experiences of people with mental illnesses.72 The author dis- cusses how \u2018sanism\u2019 is a concept akin to that of \u2018racism\u2019 \u2013 a prejudgement against a minority community.73 Subsequently, he discusses the manner in which differently abled individuals are denied equal treatment under the law owing to an identifiable pattern of prejudices against them.74 This is evident in the case at hand when we go through a written account of the Stubblefield trial from the perspective of some differently abled people who were witnessing the opening day testimony in this trial.75 We get to see an altogether different narrative, one which is neither popular nor gets noticed by people who are not disabled. On reading the said accounts, we find that there were many ableist assumptions on displayat these hearings. These written accounts claim that apart from the fact that the trial was unresponsive to D.J.\u2019s needs, discriminatory attitudes about disabled people in general, and about D.J. in particular, could be clearly noted in every instance of the legal proceed- ings. This included the assumption that one could gauge D.J.\u2019s mental capabilities simply by looking at him.The interview given by the juror, wondering aloud how Anna could have left her husband and kids for \u201csomeone like D.J.\u201d,76 displayed the anxiety, vulnerability and fear often felt by non-disabled people in response to disability.77 Further, statements such as these make one realise that there was an underlying assumption about D.J., one that was deeply rooted in prejudice, where D.J. was seen neither as someone who could be considered a human being with ambitions and passions of his own, nor as someone who might be seen as attractive to another. Judges, lawyers, or fact finders deliberately turn a blind eye to the rendering of faulty evidence, and rationalise their decision based on such disregard 71 Brenda Cossman, Gender Performance, Sexual Subjects and International Law, 15 Canadian Journal of Law and Jurisprudence 2 (2002). 72 Michael L. Perlin, The Hidden Prejudice: Mental Disability on Trial 26, 27 (2000). 73 Id., 14, 16. 74 Id. 75 Astra Taylor, Anna Stubblefield was convicted of raping her disabled student. But was the Trial Fair?, Splinter News, November 12, 2015, available at was-convicted-of-raping-her-disabled-1793852818 (Last visited on January 16, 2018). 76 Wichert, supra note 44. 77 Addalakha, Price &Hiedari, supra note 46, 4-5. 250 11 L. Rev. 237 (2018) April - June, 2018 as being one that is given on the pretext of improving the society. Such decisions are rooted in sanism.78 Perlin states that the basis of this testimonial dishonesty is that the final outcome would excuse any such wrongs.79 In cases involving the mentally disabled, these end results are found on the prejudicial belief that such individuals, being less intelligent less responsible than non-disabled individuals, deserve a smaller quantum of citizenship rights as well.80 possible reason for this could be that the disability industry actively disenfranchises people with dis- ability in many ways, placing the physiological needs of a person (breathing, food, water, shelter, clothing, sleep) ahead of other needs such as love and sexual pleas- ure.81 The natural exploration of sexuality and sexual expression, to which people without disability are accustomed, essentially meets the other needs of social se- curity and belonging, as well as that of affection and self-esteem, among others.82 However, this is not the natural assumption for people with disability. People with intellectual disability, in particular, are not often given support to understand their sexual rights.83 Something to take particular note of at this juncture is the fact that this form of discrimination against mentally ill people, historically common in various cultures, and whose effects can still be observed on our legal system, remains to be hidden for some reason. Looking back at the two different accounts of the case at hand mentioned in the earlier paragraph, it is important to note that the ableist assumptions made by the District Court in the proceedings would not ordinarily be noticed by non-disabled individuals.84 Perlin argues that \u2018sanism\u2019 stays hidden because the most liberal group of individuals among lawyers, judges, psychologists, and psychiatrists, while eliminating the other \u2018-isms\u2019 perpetuate sanism.85 It is imperative to note that Perlin, in anarticle later, defined \u2018sanism\u2019 as \u201can irrational prejudice of the same quality and character of other irrational prejudices that cause (and are re- flected in) prevailing social attitudes of racism, sexism, homophobia, and ethnic bigotry.\u201d86 Numerous instances provided throughout the course of the trial high- 78 Perlin, supra note 72, 16. 79 Id., 24-25. 80 Felipe Jaramillo Ruiz, The Committee on the Rights of Persons with Disabilities and its Take on Sexuality, 25 Reproductive Health Matters 50 (2017). 81 Rebecca Meaney-Tavares & Susana Gavidia-Payne, Staff Characteristics and Attitudes towards the Sexuality of People with Intellectual Disability, 37 Intellect. Dev. Disabil. 3 (2012). 82 As described by Maslow in his Hierarchy of Needs, where humans have certain physiological needs, seen in a \u2018pyramid form\u2019 in a hierarchy of importance; See A. H. Maslow Theory of Human Motivation, 50 Psy. Rev. 4 (1943). 83 C.E. Brolan, et al., Health Advocacy Vital Step in Attaining Human Rights for Adults with Intellectual Disability, 56 J. Intell. Disabil. Res. 11 (2012). 84 Taylor, supra note 75. 85 Perlin, supra note 26, 27& 72. 86 Michael L. Perlin, Things Have Changed: Looking at Non-Institutional Mental Disability Law Through the Sanism Filter, 46 N.Y.L. Sch. L. Rev. 3-4 (2003); See also Michael L. Perlin, On \u201cSanism\u201d, 46 L. Rev. 2 (1992) (identifying prejudice toward the mentally ill among \u201cwell- meaning citizens\u201d as the same \u201cquality and character of other prevailing prejudices such as rac- ism, sexism, heterosexism and ethnic bigotry,\u201d which in turn is reflected in our legal system); See 251 April - June, 2018 lighted the enfreakment,or the \u2018otherness\u2019 of D.J.87 From the fact that D.J. was not given a seat in the courtroom, as is the norm for a witness, one can deduce that he was not considered a conscious person at all, being presented only as an exhibit for demonstration.88 Added to this, the fact that during the course of the trial, it was stated quite a few times that \u201c\u2026he scoots on his butt on the floor to move around.\u201dand that \u201c\u2026sometimes he might grab a banana and eat it with the peel still on\u201d while referring to his disability and his inability to perform basic motor functions, showcases the multiple incidents served to reinforce this \u2018freak\u2019 status.89 The prosecution, by doing this, tried to paint a picture of D.J. as an \u2018una- ware animal\u2019 \u2013 when instead, these actions could also be conversely interpreted as acclimatisation: it could have been the case that scooting on the floor to move about and eating a banana, as described, meant that D.J. had found a unique way to adapt to his disability. There have been research studies to this effect which dem- onstrate that people with congenital disability are better adapted than those with acquired disability, and that their actions should not be viewed through the lens of \u2018normalcy\u2019.90 An attempt at normalisation translates into the disability industry ensuring that such people are \u201cbehaving appropriately\u201d, both in their own homes and in the public, and this amounts to social restraint.91 Expressions of pleasure by people who are pre-verbal or non-verbal, for example, by making noises, may be discouraged and repressed by their caretakers, to ensure that they fit within social norms.92 Natural expressions of joy, pleasure, grief, pain and so on, are limited to what is determined as socially appropriate, and thus, people with intellectual dis- ability are forced to fit their expressions to what is externally determined.93 Although the credit for coining the term \u2018sanism\u2019 goes to Dr. Morton Birnbaum,94 who has been credited with developing the concept of the \u2018right to treatment\u2019\u2013 which then became a constitutional basis for the just and humane treatment of psychiatric patients, Perlin\u2019s definition of the term \u2018sanism\u2019 reflects the current scenario which influences our jurisprudence and our legal practices.95 Perlin argues that \u2018sanism\u2019 usually goes unnoticed, and due to its reliance upon generallyGordon Allport, The Nature of Prejudice (1979) (elaborating upon a landmark study on the roots and nature of prejudice). 87 Taylor, supra note 75. 88 Engber, supra note 15. 89 Id. 90 Kathleen R. Bogart, The Role of Disability Self-Concept in Adaptation to Congenital or Acquired Disability, 59Rehabilitation Psychology 1 (2014). 91 Miriam Taylor Gomez & Fran Vicary, Disability Empires: Some Observations, Lifestyle in Supported Accommodation Inc, 2012, available at pires__believe_they_are_doing_society_a_favour (Last visited on January 24, 2018). 92 Natasha Alexander & Miriam Taylor Gomez, Pleasure, Sex, Prohibition, Intellectual Disability, and Dangerous Ideas, 25 Reproductive Health Matters 50 (2017). 93 Sheridan Forster, Stop Asking, Hands Down, Swoosh: Social restraint in the Name of Appropriateness?, available at (Last visited on January 24, 2018). 94 Morton Birnbaum, The Right to Treatment, 46 J. 5 (1960). 95 Michael L. Perlin, Competency, Deinstitutionalization, and Homelessness Story of Marginalization,28 Hous. L. Rev. 1 (1991). 252 11 L. Rev. 237 (2018) April - June, 2018 false beliefs, stereotypes and de-individualisation, it is mostly allowed in society. It is maintained and bolstered by our use of alleged \u201cordinary common sense\u201d (\u2018OCS\u2019)96 and heuristic97, reasoning in an unconscious response to events both in everyday life and the legal process.98 In the light of these arguments, it is evident that our sanism and hid- den prejudices are reflected when we, as a society, patronise the sexual needs and desires of the mentally disabled, refusing to consider them as autonomous indi- viduals. During the United States presidential campaign in 2017, an advertisement called \u2018Grace\u2019 was released.99 While at first glance, it seemed to be advocating for the rights of disabled people, it ultimately played into the stereotype of regarding persons with disabilities as innocent and vulnerable,100 stripping them of agency and treating them as children instead. Alternatively, it is assumed that people with mental disabilities possess an animalistic hyper sexuality which must be contained to restrict them from acting on these basic urges.101 This justifies the imposition of restrictions on their sexual behaviour. This is evidenced by a 2012 incident in West Bengal, where a mentally challenged woman was sexually assaulted in the government mental hospital.102 When contacted by women activists, the hospital superintendent refused to entertain the matter, stating that it was the woman\u2019s fault as \u201cmentally ill women usually cannot control their sexual urges\u201d.103 In this context, where the sexuality of differently-abled individuals is construed as being on either one of the extreme ends of the spectrum, i.e., as being either hypersexual or non-sexual, one needs to examine how such individuals have their own sexual subjectivity.104 Perlin notes that instead of their integration into the \u2018normal\u2019 so- ciety as people who share common physical, emotional and spiritual needs, the focus is on the ways in which people with disabilities are allegedly different. This serves as a ground for depriving them of the basic standard of humanity.105 Their 96 \u2018Ordinary Common Sense\u2019 is a \u2018pre-reflective attitude\u2019 exemplified by the attitude of \u2018What know is \u201cself-evident\u201d; it is \u201cwhat everybody knows\u201d\u2019.See Keri K. Gould & Michael L. Perlin, \u201cJohnny\u2019s in the Basement/Mixing Up His Medicine\u201d: Therapeutic Jurisprudenceand Clinical Teaching,24 Seattle U. L. Rev. 339, 357 (2000). 97 \u2018Heuristics\u2019 is a cognitive psychology construct that refers to the implicit thinking devices that individuals use to simplify complex, information processing tasks; See Michael L. Perlin, The Sanist Lives of Jurors in Death Penalty Cases: The Puzzling Role of Mitigating Mental Disability Evidence, 8 Notre Dame J. L. Ethics & Pub. Pol\u2019y 239, 254 (1994). 98 Michael L. Perlin, Psychodynamics and the Insanity Defence: \u201cOrdinary Common Sense\u201d and Heuristic Reasoning,69 Neb. L. Rev. 3 (1990). 99 Priorities USA, Grace, June 6, 2016, available at watch?v=9QUYQUd0Qh8 (Last visited on April 13, 2018). 100 David M. Perry, AClinton Ad Full of Disability Stereotypes, The Atlantic, June 12, 2016, avail- able at types/486710/ (Last visited on April 13, 2018). 101 Perlin, supra note 2. 102 AshwaqMasoodi, Sexual Rights of Disabled Women,December 3, 2014, available at livemint.com/Politics/FDPpol4lJ0pX037spUU1kL/Sexual-rights-of-disabled-women.html (Last visited on April 13, 2018). 103 Id. 104 Addalakha, Price &Hiedari, supra note 46, 5. 105 Perlin, supra note 2 253 April - June, 2018 autonomy to show love and affection is denied, and their actions and feelings are censored on the assumption that theirs is a primitive morality.106 This disparate treatment extends to the denial of any professed expression of sexuality. Sexuality and sexual expression are inherently connected to the humanness of the individ- ual, and the present status quo at best ignores sexuality as an integral part of a person\u2019s life and, at worst, prohibits sexual expression for people with intellectual disability.107 case study that interviewed teenagers with disabilities showed that despite having sexual desires, they had been told by society that sex for them was a taboo subject. Their responses ranged from \u201cmy disability does not allow me to have a boyfriend\u201d to \u201cthey [society] judge us by our disabilities and ignore our feelings and desires\u201d.108 In another such situation, an open letter to the director of a critically acclaimed movie (that touched upon the issue of sexual expression by individuals with cerebral palsy) written by a non-disabled actress declared that, \u201cfor a disabled person, sex was the last thing on their mind as there were so many different things to worry about.\u201d109 It is to be noted that this might be the very reason why so many of us (including the above mentioned juror in the Stubblefield trial) have so much difficulty in dealing with the issue of sexual autonomy when it comes to disabled people. In this context, analysing the manner in which persons with disabilities are denied any sexual expression by society, it seems unlikely that the three tenets of Professor Ronner\u2019s vision would be attained. In an analysis of these underlying issues, Benedet and Grant have dealt with the issue of capacity to consent by view- ing it through a therapeutic jurisprudential filter.110 The definitions of the \u201ccapacity to consent\u201d and \u201cengage in sexual activities\u201d have been dealt with by the authors in their paper, and they have considered the issue of ensuring that such definitions remain person-centred and allow for a \u201csituational approach\u201d to each case.111 They write that a person\u2019s sexual autonomy must be considered, and their agency max- imised, rather than considering the ability to consent as an all-or-nothing measure. Incapacity should be defined situationally in a functional manner. Considering that consent is given in a particular instance to a particular person, incapacity should also be assessed with reference to the particular context of a case or situ- ation.112 However, it is imperative to note that Benedet and Grant\u2019s consideration of the individual autonomy and sexual agency or self-determination, which are both 106 Id. 107 Alexander & Gomez, supra note 92, 114. 108 AkshayPrathisthan (NGO) & Children and Youth Studies, The voices unheard \u2013 Exploring how young people with disabilities view and experience their growing up as sexual beings,International Institute of Social Studies(2012), available at net/2105/13286 (Last visited on April 13, 2018). 109 India Today actor SonalVengurlekar writes an open letter to Margarita With Straw\u2019s di- rector Shonali Bose, April 24, 2015, available at story/tv-actor-sonal-vengurlekar-writes-an-open-letter-to-margarita-with-a-straws-director-sho- nali-bose-250088-2015-04-24 (Last visited on April 13, 2018). 110 Benedet& Grant, supra note 31. 111 Id., 245. 112 Id., 245-247. 254 11 L. Rev. 237 (2018) April - June, 2018 principles inherent in the concept of the dignity of an individual, have not yet been elucidated upon, either in case law or legislation. This implies that the concept of therapeutic jurisprudence \u2013 where the legal process may take into consideration a person\u2019s overall well-being, has mostly not been given effect to.113 While looking at the proceedings of the Stubblefield case, it cannot be said that this \u2018situational approach\u2019 was even considered once before determining the question of D.J.\u2019s ca- pacity to consent. The factors that were considered only served to emphasise his \u2018abnormality\u2019. The fact that he could not communicate or perform basic motor functions like a normal person designated him a status equivalent to that of an unaware infant. Thus, the trial fails yet again by therapeutic jurisprudential stand- ards and cannot be considered a fair trial for this reason The discussed issues of sanism, hidden prejudices against people with mental disability and undesirability of their bodies is deeply embedded in the language that we use in our day to day lives. For example, a disabled stu- dent in an interview described being approached by a mother who, referring to the student\u2019s dwarfism, said, \u201cMy son is married to someone like you.\u201d114 This encapsulates the process employed by us to impose an identity of \u2018other\u2019 on the differently abled individual. In an analysis of such language, reliance is placed upon Stephanie Wheeler\u2019s work where she discusses how the manner in which we perceive and give meaning to things is largely shaped by a eugenic approach.115 In the course of such discussion, she uses two concepts: \u2018enfreakment\u2019,where the elements that are considered worthy or desirable are singled out or identified (alter- natively, this would also entail the recognition of elements that are abhorred) and \u2018eugenicist logics\u2019, which encapsulates the removal of such unwanted elements, or alternatively, the replication of elements considered \u2018useful\u2019.116 Upon this, she then notes the interplay of eugenicist logic and enfreakment within ableist systems, and evolves the concept of \u2018the enfreakment of language\u2019, a term that incorpo- rates both the manner in which \u2018enfreakment\u2019 is imposed upon individuals as well as the heuristic that allows us to observe this practice. This was evidenced by the ableist expressions of grief that followed the death of disabled genius Stephen Hawking.117People spoke of Hawking being eventually free of his constrictions, 113 Perlin, supra note 2. 114 Nicola Martin, Brief Relections on Disability Theory, Language, Identity, Equality and Inclusion Blog, May 13, 2011, available at brief-reflections-on-disability-theory-language-identity-equality-and-inclusion/ (Last visited on April 13, 2018). 115 Stephanie K. Wheeler, The Enfreakment of Language: Disability, Eugenics, and Rhetoric, avail- able at http: //hdl .handle .net /1969 .1 /152544 (Last visited on January 22, 2018). 116 Id. 117 Philly, To Able-Bodied People Mourning the Passing of Stephen Hawking, The Mighty, March 16, 2018, available at hawking/ (Last visited on June 8, 2018) (The article mentions tweets where mourners referred 255 April - June, 2018 and how his \u201csuffering had finally ended\u201d118\u2013 unwittingly misconstruing disability as a disease that one needed to be free from, to be happy, and in Hawking\u2019s case, stating that freedom from his disability took the form of death. Thus, according to Wheeler, the concept of \u2018enfreakment of language\u2019 reveals the manner in which our meaning-making is dependent on the logic of eugenics. This is a dependency which is perpetuated by ableist discourses in an effort to maintain power which is detrimental to the bodies which become subjected to the power gained through this logic.119 The presentation of D.J. as a non-verbal \u2018demonstrative exhibit\u2019 in the court proceedings seeks to emphasise on this perspective of enfreakment, whereby denial of his ability to give testimony was a denial of his inherent hu- manness, and showcased the ableist assumption made by the legal institution that he was different, and somehow \u2018less\u2019 than the non-disabled people called upon to give their account. In the paper, Wheeler goes on to argue that the language that we use in our day-to-day lives is inherently ableist because it functions primarily through eugenicist and ableist logic.120 She makes this claim based on the fact that because of the relationship to eugenicist logics, any representation of disability is always in the process of \u2018enfreakment\u2019, and this produces a unique illusion of \u2018accomplish- ment\u2019 that ableist systems can achieve by means of discouraging the reproduction of undesirable qualities or traits.121 Perhaps the most famous characterisation of this attitude is embodied in the statement of United States Supreme Court judge, Justice Oliver Wendell Holmes, who in Buck v. Bell,122a case that raised the issue of whether an allegedly intellectually disabled woman should be sterilised, said, \u201cThree generations of imbeciles are enough.\u201d123 It is to be noted that \u2018ableism\u2019 here is used to refer to the power structure designed to construct \u2018ability\u2019 and \u2018normalcy\u2019 through the manipulation and removal of what deviates from models of \u2018normalcy\u2019. In the present case, the juror expressed his disdain for D.J. by wonder- ing why an able-bodied Anna Stubblefield would disrupt her life for \u2018someone like [D.J.]\u2019,124 showcasing his prejudice in the form of incredulousness that D.J. could be sexually desirable by anyone, especially an able-bodied person. The prosecu- tion in this case did everything to make sure that the presiding judge and the jury did not, even for a moment, consider D.J. as a being capable of having agency or desires and aspirations of his own, even when arguing in his favour. Further, the to Hawking as being \u2018limited\u2019 to a wheelchair, and those that state that he accomplished much, \u2018despite suffering from a debilitating disease\u2019) 118 Amba Salelkar, Celebrating Stephen Hawking and also Celebrating Disability, The Wire, March 16, 2018, available at disability (Last visited on April 13, 2018). 119 Anna Kerchy, Exploring the Cultural History of Continental European Freak Shows and \u2018Enfreakment\u2019 2, 3 (2013). 120 Wheeler, supra note 115. 121 Id.,7. 122 Buck v. Bell, 1927 USSC, 274 U.S. 200. 123 Id., 207; See alsoPaulA. Lombardo, Three Generations, No Imbeciles: Eugenics, the Supreme Court, and Buck v. Bell (2009)(It discusses the theoretical underpinnings of Holmes\u2019 statement). 124 Wichert, supra note 44. 256 11 L. Rev. 237 (2018) April - June, 2018 prosecution\u2019s account of D.J.\u2019s activities \u2013 that he \u201cscoot[ed] on his butt to move around\u201d, and that he \u201c[ate] a banana with the peel still on\u201dportrayed D.J. as an unconscious animal, someone who couldn\u2019t even perform basic motor functions like moving or eating on his own, let alone give consent to any kind of pleasurable sexual activity. D.J.\u2019s deviation from the accepted norms of behaviour was taken as evidence of him being \u2018inferior\u2019 to those who were non-disabled. Contextualising disability, we will now proceed to interrogate and confront the ways in which ableism and eugenics are implicated in cultural, lin- guistic, and discursive practices. This understanding will open up new ways of recognising what is assumed to be the \u2018able\u2019 body and privileged logics in rhe- torical theories, practices, and models of meaning-making. For doing this, we will make use of Rakesh Roshan\u2019s 2003 Bollywood movie \u2018Koi Mil Gaya\u2019,125 which tells the story of a cognitively mentally impaired individual, \u2018Rohit\u2019. The protago- nist of this story (Rohit), owing to his cognitive impairments, is still in middle- school even after being aged enough to have ordinarily graduated high-school/ college. Owing to this, he often becomes the butt of peoples\u2019 jokes. However, when he accidentally encounters and befriends an Extra Terrestrial (\u2018E.T.\u2019) crea- ture, Rohit starts discovering that the E.T. is somehow responsible for enhancing Rohit\u2019s physical and mental attributes using some form of alien super power. This results not only in Rohit being accepted by his teachers and peers in school and in society but also finds him his love interest who until this point of time only saw Rohit as a friend and pitied him for being \u2018abnormal\u2019. It is to be noted that the E.T. is also responsible for enhancing Rohit\u2019s weak body to maximum human potential, making him hyper-masculine and at- tractive enough to the girl he desires. Rohit\u2019s story of initially being a cognitively impaired individual with learning difficulties to a super-intelligent and hyper-mas- culine man gives us an idea of the very specific narrative about our society\u2019s rela- tionship to eugenics, enfreakment and disability, and how these concepts inform our understandings of \u2018normalcy\u2019 and \u2018superiority\u2019, as well as the various ways in which we make meaning. Rohit\u2019s story relies upon the idea of superiority in both body and mind as the path to success, wherein disability is seen as an element which hinders that success. These understandings of cultural rhetorical practices and acts of meaning-making rely on conceptualisations of disability as hindrances to \u2018successful\u2019 deployments of making meaning. For example, participants in an interview who were asked questions regarding their disability and its societal per- ception stated that they were often treated as \u2018damaged goods\u2019.126 Moreover, it is argued that these conceptualisations of disability are largely formed by ableism, sanism and the prejudice against people with disabilities, wherein the ableist sys- tem functions in an effort to maintain its power over disabled bodies. 125 Koi Mil Gaya (Filmkraft Productions Pvt. Ltd., 2003). 126 Tarshi, Sexuality and Disability in the Indian Context,115-117, available at net/downloads/Sexuality_and_Disability_in_the_Indian_Context.pdf (Last visited on April 13, 2018 257 April - June, 2018 In this context, it is asserted here that owing to such cultural projec- tions, the disabled viewer is positioned to see his body as something that is unde- sirable, unwanted or flawed and at the same time, lacking in many ways. Wheeler, in her paper, also makes an argument that at the centre of an ableist system is the non-disabled body from which all understandings about bodies emanate.127 cul- tural example of this argument is seen in the Oscar nominated Hollywood movie \u2018The Shape of Water\u2019,128 where a hearing impaired woman, Elisa, falls in love with a water monster, thus enforcing the idea that a disabled person cannot be loved or understood by her own kind, but only by a monster. Elisa, who needs to inter- act with those who cannot speak her form of language, is treated as an \u2018outsider\u2019 in society, seen as sexually desirable not by her own kind, but by a monster, em- phasising her status as a freak. The end of the movie sees Elisa dying, ultimately to be resurrected under the water and away from humans to join the only creature that has desired her, subconsciously sending the message that she deserves a freak like her, and not a human like her.129 Thus, to be non-disabled in an ableist system is to be the \u2018right kind\u2019 of human. This is a distinction that ableism relies on while dehumanising those bodies which do not conform to what is normal. For instance, a woman with dwarfism recalled that while delivering her child via the caesarean section, the anaesthesiologist assigned to her suggested to her husband that she needs to be sterilised since he was \u201calready down there\u201d, without the woman hav- ing said anything earlier to indicate that this was what she wanted. She later stated that this was not the first time anyone had treated her as \u2018less than fully human\u2019.130 Even the language employed in relation to people with disability, especially mental disability, is different \u2013 it becomes its own self-serving jargon. For example, one would notice everyday activities described in formal terms \u2013 instead of saying \u201cgoing out\u201d, people with intellectual disability are referred to as having \u201ccommu- nity access\u201d or \u201csocial interaction\u201d. The spirit of \u2018normalisation\u2019 has been thwarted by the industrialisation of people with intellectual disability, wherein they become the object of care, and lose their parallel humanity in the process.131 It is pointed out that knowingly or unknowingly, even our legal institutions commit this dehumani- sation of disabled bodies, albeit in the name of paternalism or protectiveness,132 it is omnipresent in decisions which are made ostensibly on behalf of persons with mental illness.133 In the Stubblefield case, the judge\u2019s decision to disallow from D.J.\u2019s keyboard and the subsequent denial of his agency, allowing his participation 127 Id. 128 The film was directed by Guillermo del Toro and produced by Guillermo del Toro & J. Miles Dale in 2017. 129 Elsa Sjunneson-Henry Belong Where the People Are: Disability and the Shape of Water, January 16, 2018, available at and-the-shape-of-water/ (Last visited on February 11, 2018). 130 Rebecca Cokely, TogetherWe Make a Family Opinion Series: What It\u2019s Like to Be Me, December 20, 2017, available at me-disability-rebecca-cokley-opinion/index.html (Last visited April 13, 2018). 131 Gomez &Vicary, supra note 91. 132 Ruiz,supra note 80, 92-93. 133 Linda Steele & Leanne Dowse, Gender, Disability Rights and Violence Against Medical Bodies, 31Australian Feminist Studies 88 (2016). 258 11 L. Rev. 237 (2018) April - June, 2018 only as an \u2018exhibit\u2019, is an instance of such dehumanisation. Thus, it can be un- doubtedly said that eugenics and ableist attitudes are so deeply imbedded in our language, the ways in which we communicate and make meanings of things, that it has largely become unrecognisable. Therefore, it certainly becomes a challenge to recognise and understand the presence of eugenics in our everyday lives The medium of language that we use to communicate with each other is deeply imbedded with sanist and ableist assumptions, which does not view people, who are differently abled, at par with themselves. Thus, there is always an \u2018us\u2019 versus \u2018them\u2019 attitude present while dealing with differently abled people, es- pecially mentally disabled ones, even when the arguments are being made in their favour for their benefit. The same was observed in the mute participation of D.J. as an exhibit, as well as during the arguments of the prosecution in the Stubblefield proceedings. The common perception of disabled people is that they have no sen- sual or sexual desires, and thus, they are seldom asked to express such wants. As claimed by Wheeler, such prejudices and ableist assumptions are ingrained in us, couched in the fine details of the language that we use.134 It then becomes impera- tive for us to make our legal processes more therapeutic so as to ensure psychologi- cal as well as emotional well-being of the participants. D.J. was not afforded any of the three central tenets of therapeutic jurisprudence. He had neither voice, nor validation, and due to the absence of the two, he could not have said to have voluntarily participated in the proceedings. Taken in this context, we see that the reason most people with mental disability find themselves at the periphery of the judicial discourse is when it comes to le- gally asserting their rights, be it against involuntary commitment or for claiming their sexual autonomy.135 The term \u2018sex\u2019 is subjective, and this issue in the context of people with disabilities must be seen as a multi-textured one. It remains a taboo subject in society, with people unwilling to discuss the sexual autonomy of differ- ently abled individuals. Sexuality is one of the basic needs of an individual, and societal concerns and realisations of the issue are steeped in sociological as well as religious beliefs and observations. We suggest that when dealing with the issue of consent with regard to people with mental disability, recourse to the \u2018situational approach\u2019 as mentioned by Bendet and Grant should be taken.136 This approach would ensure that in cases of alleged sexual violation against people with mental disabilities, they are not perpetually considered victims. Further, due regard needs to be given insuch situations to assess whether there is consensual sexual activity or not. 134 Wheeler, supra note 115. 135 Benedet& Grant, supra note 31. 136 Id 259 April - June, 2018 As increasing agency and control is being gained by people with dis- ability in various other sectors of their lives such as education and employment, it is imperative to comprehend and translate their needs into practice to enable them in expressing their sexuality and in their relationships. The application of principles of therapeutic jurisprudence to these questions forces us to confront and rectify our social attitudes and responses towards people with mental disabilities to provide actual access to legal institutions, where such individuals can make their voices heard.", "7533_104.pdf": "Second Chance for Anna Stubblefield She fell in love with a man with disabilities, then went to prison for raping him. Now her conviction has been overturned 14, 2017 \u2022 1:46 Anna Stubblefield was placed in custody on Oct. 2, 2015, at the Essex County Correctional Facility in Essex, New Jersey. Now her 2015 conviction has been overturned. Essex County Correctional Facility In 2015, former Rutgers philosophy professor Anna Stubblefield was found guilty of raping a mute young man with cerebral palsy. Last week, a three-judge panel overturned that conviction, ruling that the judge in Stubblefield\u2019s original trial unfairly excluded evidence related to the man\u2019s capacity to give consent. Now the Supreme Court of New Jersey will 2/17/25, 2:52 The conviction in the Anna Stubblefield facilitated-communication case has been overturned. 1/8 have a chance to weigh in. Unless it overrules the appellate court\u2019s unanimous decision\u2014in a process that could take months\u2014the 47-year-old Stubblefield, who has been serving a 12- year sentence at the Edna Mahan Correctional Facility for Women, will qualify for a second trial. While the appellate court was definitive in its determination that Stubblefield did not get a fair shake, it did not do much to resolve the tricky scientific issue at the center of her case. Stubblefield says that \u201cD.J.\u201d (as the victim is known in court documents) had consented to their sexual relationship by means of \u201cfacilitated communication,\u201d a practice meant to help nonverbal people with disabilities express themselves by typing. (An practitioner typically steadies her client\u2019s shoulder, arm, or hand as he reaches out to punch letters on a keyboard.) In the lead-up to the trial, the presiding judge, Siobhan Teare, decided to exclude any evidence related to or stemming from its use, on the grounds that it isn\u2019t based on well-accepted science. The appeals court now says that her blanket ban was too severe and that it prevented Stubblefield from mounting a full and vigorous defense. If Stubblefield does end up getting a second trial, several important but excluded lines of evidence would be allowed in court. But the appellate court\u2019s critique of Judge Teare\u2019s approach fails to give a satisfying answer to the overarching question of how should be handled in the courtroom. In that sense, it has only made things more confusing. The decision starts with an outline of the facts of the case: For two years, Stubblefield used to help D.J. type out messages. The text they produced together proved D.J. had been misdiagnosed for many years, she said: While he may have been unable to speak or hold a pencil, he had no cognitive impairments. (Several expert assessments in the preceding years had come to the opposite conclusion.) With the help of Stubblefield and a portable keyboard, D.J. managed to audit a class at Rutgers, publish an academic paper (now retracted), and present his work at conferences. Eventually, she says, he spelled out his love for her\u2014and his consent to having sex. At trial, the prosecution argued that is a lie\u2014a sham technique that has been debunked many times before. Whether Stubblefield realized it or not, prosecutors claimed, she was herself the author of the typed-out messages; she\u2019d been guiding D.J.\u2019s finger to certain letters on the keyboard and spelling out the words she guessed or hoped that he would say. (\u201cPorn exploits women and you\u2019re more beautiful than any porn star,\u201d she said he typed at one point during their romance. \u201cI\u2019d rather just be thinking about you when we make love.\u201d) That is to say, her relationship with D.J. was, if not a predatory con, then a Ouija-board fantasy. (For more details on this complicated case, see my feature for the New York Times from October 2015.) 2/17/25, 2:52 The conviction in the Anna Stubblefield facilitated-communication case has been overturned. 2/8 As explained in Slate in April, Judge Teare ruled in advance of Stubblefield\u2019s trial that facilitated communication would be considered junk science. According to New Jersey law, any scientific test results\u2014i.e., those related to \u201ca subject matter that is beyond the ken of the average juror\u201d\u2014can be admitted only if the tests in question are \u201cgenerally accepted, within the relevant scientific community, to be reliable.\u201d Even Stubblefield\u2019s lawyers acknowledge that is not \u201cgenerally accepted\u201d by any broad community of experts. Heavy scrutiny of the method in the early 1990s, when was at the peak of its popularity, showed that practitioners\u2019 typed-out messages were sometimes inauthentic. Since then the method has been widely disavowed. In practice, this meant Stubblefield\u2019s lawyers couldn\u2019t show the jury any messages D.J. was said to have spelled into his keyboard, nor could they ask any witness other than Stubblefield herself to testify about that typing or what it said. As a result, the jury heard a fractured narrative. When she told her story of the relationship with D.J. from the stand\u2014an intense, two-year bond, carried out through long and thoughtful, typed-out conversations\u2014 it seemed unmoored from any real-world facts. She sounded like someone ticking through the plot points of a dream she\u2019d jotted in her journal. The defense attorneys also were not allowed to have FC\u2019s inventor, Rosemary Crossley, testify about the method. Nor could they present Crossley\u2019s own videotaped assessment of D.J., conducted after Stubblefield was taken into custody, which purports to show that D.J. can indeed communicate without assistance. The appellate judges took issue with almost all of these exclusions, but their ruling starts with the banning of the Crossley tape. In the course of testing D.J., Crossley had, at times, used facilitated communication: She\u2019d held his shoulder, his arm, and his hand, and helped him point to targets on a board, with those targets representing answers to a set of questions. But Crossley says there were other times during the assessment when D.J. reached out to the targets without assistance. In 12 hours of testing, D.J. is said to have answered 45 such questions on his own and gotten 43 of them correct. That\u2019s convincing proof, according to Stubblefield\u2019s lawyers, that he\u2019s intelligent and capable of providing sexual consent. Before the trial, the prosecution had countered that even in these snippets of the testing, Crossley influenced D.J.\u2019s answers. When she wasn\u2019t holding his arm, she was holding the targets\u2014and that meant she could have moved or tilted the board of multiple-choice answers in subtle ways. If she\u2019d been giving her covert (and perhaps unconscious) assistance, then even random movements from D.J. might have led him to the correct 2/17/25, 2:52 The conviction in the Anna Stubblefield facilitated-communication case has been overturned. 3/8 targets. (Crossley has been accused of doing exactly this\u2014moving a target so as to elicit a correct response\u2014years ago in another case was very careful to hold the devices steady,\u201d Crossley told the court at a pretrial hearing in January 2015. But Judge Teare disagreed: Based on her own appraisal of the videos, along with a skeptical report from a prosecution expert, she decided that Crossley hadn\u2019t been careful enough. The judge said that while she couldn\u2019t tell if Crossley had been influencing the answers, the data and methods on display in the video \u201cwere similar to facilitated communication rendering her analysis invalid.\u201d In other words, even if the technique that Crossley used to elicit those 45 answers did not meet a strict, formal definition of (since she wasn\u2019t touching D.J.\u2019s arm), it was close enough to make it unreliable. The video would fall under Teare\u2019s umbrella exclusion of as junk science. In Friday\u2019s ruling, the appellate judges called this decision a mistake. Teare had privileged her own impressions of the videotape over those of the jury, they said. Why should her opinion as to whether Crossley moved the targets be any more valid or important than the jurors\u2019 views? By \u201cerroneously [using her] own assessment of the videotaped interaction between Dr. Crossley and D.J.,\u201d she\u2019d deprived Stubblefield\u2019s lawyers of the chance to argue that the assessment was, in fact, \u201caccurate and not based on FC.\u201d That\u2019s janky reasoning. It would be one thing if the judges found that Crossley\u2019s methods in the video were substantively different from FC, as formally defined, and that Judge Teare was therefore wrong to keep them out of court. But the appellate ruling makes a different point. It suggests that Teare was playing fair when she barred ahead of trial but that she\u2019d somehow overstepped her role in deciding for the jury that Crossley\u2014the inventor of and its leading global advocate\u2014had been using that technique in the video. The judge should never have taken it on herself to say whether Crossley\u2019s methods were \u201caccurate and not based on FC,\u201d the judges ruled. This was the jury\u2019s job: \u201cThe court\u2019s observations of Dr. Crossley\u2019s videotaped evaluation were no better than the jury\u2019s observations would have been.\u201d This distinction is an awkward one. New Jersey\u2019s rules on scientific evidence are meant to safeguard jurors from deciding technical questions\u2014anything that might be \u201cbeyond their ken.\u201d But if the validity of itself is beyond a juror\u2019s ken, then how could it be within her ken to figure out whether Crossley\u2019s methods amounted to a version of FC? Imagine if the Stubblefield case hinged on a different sort of scientific evidence or method\u2014 not facilitated communication, but, say, an experimental lab technique for testing degraded DNA. Would we ask a jury to examine a video of scientists at work, spinning out nucleic 2/17/25, 2:52 The conviction in the Anna Stubblefield facilitated-communication case has been overturned. 4/8 acids in a centrifuge, and then make them figure out exactly which technique it shows, and whether that technique is \u201caccurate\u201d? The appellate judges seem to think that methods of helping people to communicate represent a special, simpler sort of science\u2014one that can be eyeballed and appraised by your average jury. The facts don\u2019t support this understanding, though. In cases where has been shown to be inauthentic\u2014and the client\u2019s typing turned out to be controlled by the facilitator\u2014the illusion wasn\u2019t something you could \u201csee\u201d by looking hard enough. It took rigorous, scientific testing to reveal the error. While the appellate court\u2019s views on facilitated communication are extremely muddled, it\u2019s not as if Judge Teare\u2019s reasoning was a model of clarity. At a pretrial hearing in April 2014, she announced that she\u2019d been mystified by the contradictory expert reports on Crossley\u2019s videotaped assessment: How could \u201ctwo people looking at the exact same thing\u201d have opposite views on whether D.J. was answering the questions on his own? \u201cAt that point realized need to see the thing myself and make my own conclusion,\u201d she said. The judge thought that she could \u201csee\u201d the truth herself. Teare then launched into a strange soliloquy about how D.J.\u2019s ability to communicate was, in fact, irrelevant to the charged crime. The back-and-forth over the videotape \u201chas been a very interesting exercise,\u201d she told the lawyers at that hearing, \u201cbut at some point in reading this was like, you know what, I\u2019m too involved in the forest need to deal with the tree.\u201d The \u201ctree\u201d was the fact that D.J. had already been declared legally \u201cincompetent\u201d by the state, which made him unable to consent no matter what he did or said. It wouldn\u2019t make a difference if he could reach out to targets on his own, or even if he could speak without a problem. \u201cD.J. may have an ability to communicate don\u2019t know. But that\u2019s not ultimately the question here,\u201d Teare said. Stubblefield\u2019s crime was akin to a statutory rape: Underage girls \u201ccan verbalize, they can talk,\u201d said Teare. \u201cBut the reality is if someone that\u2019s four years older than them has sex with them, it\u2019s a crime. And there\u2019s nothing anyone can do about it.\u201d Then, after some further discussion with the lawyers, she abruptly changed her mind don\u2019t believe [D.J.] really can communicate, I\u2019m sorry,\u201d she told them. \u201cIt\u2019s unfortunate. But think that\u2019s a reality.\u201d Given that Stubblefield\u2019s trial seemed to hinge on this very question, that exchange was rather alarming. So was Teare\u2019s statement during sentencing, cited by the appellate court, that Stubblefield\u2019s actions had been \u201cthe perfect example of a predator preying on their prey.\u201d In the three years I\u2019ve spent reporting on this story, this may have been the most absurd quote ever scribbled in my notebook. Stubblefield could have been wrong about 2/17/25, 2:52 The conviction in the Anna Stubblefield facilitated-communication case has been overturned. 5/8 D.J.; she may have been delusional in her love for him and criminally reckless in her desire to have sex; she may have been arrogant, self-righteous, unconsciously racist, and even predatory in her behavior. But to read the facts of her convoluted and troubling case and conclude that she\u2019s a \u201cperfect example of a predator\u201d is to say that down is up and black is white. The appellate court ruled on Friday that, in light of that predator comment and \u201cin an excess of caution,\u201d Teare should be removed from the case. If there is a second trial, a different judge will be in charge. That\u2019s a good thing. In addition to the Crossley tape, a retrial would include more crucial pieces of evidence that Teare excluded in the original trial. First, the jury would be allowed to hear from a witness named Sheronda Jones. Stubblefield had trained the former Rutgers student to use with D.J. and to help him type out essays for his class on black American literature. At one point in 2011, Jones told investigators that D.J.\u2019s homework assignments\u2014on works by Zora Neale Hurston, Frederick Douglass, and Frances Harper, among others\u2014included information about the books that she didn\u2019t know herself. At the original trial she was not allowed to talk about the content of those essays or any other words that showed up on the screen of D.J.\u2019s keyboard. This deprived Stubblefield of the chance to show that she was not the only one who thought that D.J. could communicate. When Stubblefield was arrested, the police took possession of D.J.\u2019s keyboard and downloaded all its data. Some of the keyboard text appears to have been typed with Jones\u2019 help or under her control. (Once again, the authorship of these messages has been disputed.) Sheronda, it says, you are very pleasant to work with. The same exchange includes some words on Stubblefield, too believe in God. Anna doesn\u2019t hoping she doesn\u2019t go to hell. Then there are the typed-out messages from Stubblefield\u2019s final visit to D.J.\u2019s home. At that point she\u2019d already told D.J.\u2019s family that she was having sex with him, and they\u2019d implored her to stay away. Nevertheless, Stubblefield came back to continue the discussion. During that visit, D.J.\u2019s brother asked a pair of questions about one of their relatives, whom Stubblefield didn\u2019t know. The first question, \u201cWho is Georgia?\u201d referred to D.J.\u2019s aunt\u2019s sister, who used to care for him sometimes. Georgia in high school worked for mom, D.J.\u2014or Stubblefield\u2014typed, according to a download of the keyboard\u2019s text. 2/17/25, 2:52 The conviction in the Anna Stubblefield facilitated-communication case has been overturned. 6/8 Then D.J.\u2019s brother asked another question, using Georgia\u2019s nickname: \u201cWho is Sally?\u201d If it were really D.J. typing, he\u2019d know that Sally and Georgia were the same person. If Stubblefield were the author, she\u2019d be stumped. You said one question, D.J. or Stubblefield typed. I\u2019m very under pressure, because you are making me pass tests to keep any chance of having anna in my life. The next few lines of the keyboard log read like someone stalling, or bristling answered the first time. Enough. It\u2019s the principle. How many times will you break your word? Finally, D.J. or Stubblefield typed out half an answer to the question: Georgia in our family circle is mom\u2019s little nephew\u2019s ki \u2026 When D.J.\u2019s brother shook his head, D.J. or Stubblefield typed out in desperation, how am i supposed to know who you mean? i know you think i should know, but i just don\u2019t. but that doesn\u2019t prove i\u2019m not typing my own words. For D.J.\u2019s family, it proved exactly that. The test had been definitive: Stubblefield was the author of D.J\u2019s words, which meant her relationship with D.J. had been a lie. He never gave consent to her advances, and that simple fact made her a rapist. Stubblefield\u2019s lawyers would like to tell a jury this shows that D.J. passed his brother\u2019s test. Who is Georgia? As D.J.\u2019s aunt\u2019s sister, she was, in fact, his \u201cmom\u2019s little nephew\u2019s kin.\u201d This must have been what D.J. tried to type, the defense argued on appeal\u2014in which case it would have been \u201ca completely accurate and sophisticated answer\u201d to the question and \u201chighly probative of the conclusion that it was D.J. who was communicating.\u201d If the jury had been given the chance to see all this evidence\u2014from the videotaped assessment, from Sheronda Jones, from the Georgia-Sally test\u2014would it have arrived at the same guilty verdict? \u201cThe factual setting here was extraordinary,\u201d the appellate judges wrote on Friday, \u201cand it called for a liberal admission of evidence \u2026 to allow [the defendant] the opportunity to convince the jury of the reasons for her unorthodox perception of D.J.\u2019s capabilities.\u201d If their ruling holds, Stubblefield will get that opportunity. 2/17/25, 2:52 The conviction in the Anna Stubblefield facilitated-communication case has been overturned. 7/8 Slate is published by The Slate Group, a Graham Holdings Company. All contents \u00a9 2025 The Slate Group LLC. All rights reserved. 2/17/25, 2:52 The conviction in the Anna Stubblefield facilitated-communication case has been overturned. 8/8", "7533_105.pdf": "Former Chairwoman of Rutgers Philosophy Department Sentenced to 12 Years Home Sexual Assault Former Chairwoman of Rutgers Philosophy\u2026 Jan. 15, 2016 Former Chairwoman of Rutgers University Philosophy Department Sentenced to 12 Years for Raping Disabled Man Newark \u2013 Acting Essex County Prosecutor Carolyn A. Murray announced today that the Honorable Siobhan Teare, Judge of the Superior Court, has sentenced the former Chairwoman of the Rutgers University Philosophy Department to 12 years in New Jersey State Prison for repeatedly sexually assaulting a disabled man in her school office. On Oct. 2, 2015 an Essex County jury convicted Marjorie Anna Stubblefield, 46, of West Orange of two counts of first degree aggravated sexual assault for repeatedly engaging in sexual acts with a man suffering from cerebral palsy who was unable to speak or communicate. The victim wears a diaper and requires assistance with basic needs such as eating, walking and bathing and has the mental capacity of a toddler. Today, Stubblefield was sentenced to 12 years in New Jersey State Prison. Under the No Early Release Act, she must serve 85 percent of her sentence before she is eligible for parole. In addition, she will have to register under Megan\u2019s Law when she is released from prison and she has been disqualified from public employment. Assistant Prosecutor Eric Plant, who tried the case, said, \u201cProfessor Stubblefield was a trusted and respected member of the university community who used her position to prey on the victim. What she did was not only criminal, it was cruel. Knowing how desperately families of disabled individuals are for some hope, she mislead the victim\u2019s family into believing that she was making progress in helping their son to communicate while all the while she was simply satisfying her own tawdry desires. In the process, she did great damage to this young man, his family and even her own family.\u2019\u2019 Stubblefield admitted taking him out of the wheel chair, putting him on the floor in her office, removing his diaper and performing oral sex on the victim on one occasion. She admitted engaging in vaginal intercourse at her Rutgers University office, where she was allegedly teaching him to communicate through something known as facilitated communication, a controversial and discredited method of communicating. / / Mon - Fri: 8:30AM - 4:30PM 50 West Market Street - Newark 07102 Find us on Facebook Essex County Prosecutor's Office Serving the People of Essex County Contact Us! 973-621-47 \uf015Home \uf2bbAbout Office \uf07cOur Services \uf1eaNews \uf164F.A.Q.s \uf095Contact \uf187Resou 2/17/25, 2:52 Former Chairwoman of Rutgers Philosophy Department Sentenced to 12 Years \u2013 Essex County Prosecutor's Office 1/3 Stubblefield met the victim in 2009 when his brother took her class. During the class she showed a video on facilitated communication. After viewing the video, the victim\u2019s brother asked if she thought his brother could be taught this method of communications. From 2009 to 2011, Stubblefield worked with the victim. She took him from his home to her office. She also met him at a day program. Eventually she started taking him to conferences where she presented him as evidence of the effectiveness of facilitated communications. She claimed he wrote complicated term papers and essays and expressed high level thinking. She even took him on a date in New York City where she claimed he told her she should not drink wine because she was the designated driver. After awhile the victim\u2019s family members became concerned because they were unable to communicate with him despite her claims that he was typing and communicating. Eventually, she confessed to the family that she was in love with the victim and planning to leave her husband and children to live in an apartment with the victim. At that point, the victim\u2019s mother and brother, who had been appointed by the court to serve as legal guardians, asked her to stay away from the victim. Despite their request, she continued to try to make contact with the victim, causing the family to contact the University. Given the nature of the allegations, the University contacted authorities and Stubblefield was arrested and charged following a lengthy investigation. During the trial, experts testified that the victim was legally incompetent, unable to communicate and thus unable to consent to sex. In addition, the evidence showed that facilitated communication has been discredited as a valid method of communications. At trial, Professor James Todd, a psychology professor at Eastern Michigan University, said facilitated communication had become \u201cthe single most scientifically discredited intervention in all of developmental disabilities.\u2019\u2019 Related Posts Share this post Man Enters Guilty Plea to Eluding Charges Belleville Man Found Guilty of Armed Robbery and Aggravated Assault 2/17/25, 2:52 Former Chairwoman of Rutgers Philosophy Department Sentenced to 12 Years \u2013 Essex County Prosecutor's Office 2/3 Please follow & like us 35 October 18, 2021 Serial Killer Sentenced to 160 Years October 7, 2021 Newark Man Sentenced to 25 Years for Sexually Assaulting Eight-Year-Old April 14, 2021 Essex County Jury Convicts Man of Sexually Assaulting Girl for Years February 10, 2020 December 24, 2019 Randolph Man Sentenced to 10 Years for Exposing Himself to School Children May 17, 2019 \u00a9 Essex County Prosecutor's Office - 2024 Employee E-Mail Login In Case of Emergency Please Call 9-1-1 2/17/25, 2:52 Former Chairwoman of Rutgers Philosophy Department Sentenced to 12 Years \u2013 Essex County Prosecutor's Office 3/3", "7533_106.pdf": "The Chilling Story Behind the Documentary Tell Them You Love Me 9 Rutgers University professor Anna Stubblefield, 46, of West Orange, is led in to Superior Court for her sentencing, in Newark, N.J., on Jan. 15, 2016. Robert Sciarrino Advance Media 27, 2024 2:25 17, 2024 10:59 2/17/25, 2:52 The Chilling Story Behind Tell Them You Love Me 1/8 Tell Them You Love Me, a documentary now streaming on Netflix from director Nick August-Perna, does not include a single interview with its main subject. The film is about the white, abled former professor Anna Stubblefield, who was accused of sexually assaulting Derrick Johnson, a nonspeaking Black man with cerebral palsy whom she says she taught to communicate via a method called facilitated communication (FC). Johnson isn\u2019t interviewed in the film, because his family has always understood that his diagnosed intellectual disability and lack of motor control meant he would never be able to communicate. At least, almost always\u2014except for the period from 2009 to 2011, when they believed Johnson was communicating via FC, facilitated by Stubblefield. The question of Johnson\u2019s ability to communicate, and what he would have to say if he could, is at the core of Tell Them You Love Me. It\u2019s a question refracted through the lenses of autonomy, ability, ableism, and race, and the film knows better than to try to offer an easy answer. August-Perna\u2019s light touch as a filmmaker also does not offer an easy answer to the question posed by the court case it eventually depicts, of whether what happened between Anna and Derrick was sexual assault. The court, for its part, decided the answer was \u201cyes\u201d: Stubblefield was sentenced to two 12-year terms, to be served Tell Them You Love Me (Trailer) 2/17/25, 2:52 The Chilling Story Behind Tell Them You Love Me 2/8 concurrently. She was released after two years when her initial conviction was overturned, and pled down to a lesser sentence. Using interviews with Stubblefield and Johnson\u2019s family members expert Howard Shane, disabled anthropologist and professor Devva Kasnitz, and Anna Stubblefield herself, Tell Them You Love Me recounts the events that unfolded between spring of 2009, and the present day. How Anna Stubblefield came into Derrick Johnson\u2019s life Before Stubblefield met Derrick Johnson, she met his brother, John. John Johnson was a PhD student at Rutgers University in 2009 when he signed up for Anna\u2019s class on philosophy and disability studies. It was there that John learned about FC, from a video Anna showed depicting Sue Rubin, a woman who had been diagnosed with autism and an intellectual disability, learning to use the method to communicate and going on to become a scholar and activist. In FC, a person has their hand or arm physically supported by a facilitator as they point to letters on a page or keyboard, spelling out words. It\u2019s designed for those who are unable to communicate via conventional methods due to a lack of speech and motor control. Watching Sue, John says he was reminded of his brother. Derrick had experienced multiple seizures as an infant, and had subsequently been diagnosed with cerebral palsy and hydrocephalus. Medical records from Derrick\u2019s infancy describe him as having \u201csevere mental retardation\u201d (language now obsolete in the healthcare field because it\u2019s imprecise and stigmatizing). At one point in 2010, a message typed by Derrick and Anna via described Derrick as \u201c...confined in my life [...] in a body that is not able to move the way that i would like.\u201d He attended a day program that helped him learn to walk, as well as his family\u2019s day-to-day activities, from church services to beach trips. John says it was always clear to him that Derrick was \u201cthere\u201d\u2014smiling when he was happy, 2/17/25, 2:52 The Chilling Story Behind Tell Them You Love Me 3/8 expressing frustration when he wasn\u2019t, generally engaging with life. But he had never had any formal education. John approached Stubblefield after class and asked to learn more about FC, imagining the possibilities it might hold for Derrick. Stubblefield, who grew up around because her mother used it in the work she did as a psychologist and aide for disabled people, offered to facilitate for Derrick herself. After she spoke with Derrick\u2019s mother, Daisy Johnson, it was decided that Stubblefield would teach Derrick facilitated communication. \u201cShe was gonna move mountains, and accepted her at her word,\u201d Daisy says in the documentary. Why Derrick Johnson\u2019s family reported Anna Stubblefield to the police As he continued working with Stubblefield, Derrick appeared to be progressing rapidly. Although both Daisy and John tried to learn to facilitate for him as well, their efforts always proved fruitless. Nevertheless, Derrick seemed more and more interested in writing, reading, and learning. He enrolled in an African American Literature course, with Stubblefield facilitating, and a different facilitator helping with his essays. He also attended conferences where Stubblefield shared statements that he had written. \u201cIt was like the porch lights went on,\u201d says Daisy felt very excited about it.\u201d As John approached the end of his PhD, there was something heartening about seeing Derrick seem to follow in his footsteps: \u201c[I\u2019m a] Black scholar, my baby brother who was developmentally disabled could be a Black scholar felt great.\u201d It makes sense that Derrick\u2019s family would want this for him. It makes sense that any person would want this\u2014the ability to make their needs and desires known\u2014for themselves. But the needs and desires Derrick was allegedly sharing via became a source of contention between Stubblefield and the Johnsons. 2/17/25, 2:52 The Chilling Story Behind Tell Them You Love Me 4/8 During a car trip, Stubblefield said Derrick preferred classical music to the gospel station Daisy was playing. She told them he liked red wine better than beer, wanted to be a vegetarian, and hoped to move out of his mother\u2019s house. John couldn\u2019t help but note how much more aligned these preferences felt with Stubblefield\u2019s identity as a white woman, than with the brother he knew and the larger context of their Black family. Then, Stubblefield told John and Daisy she and Derrick were in love, that she was going to leave her husband for him, and that they had a sexual relationship. Confused, angry, and afraid for Derrick\u2019s safety, the Johnsons reported Anna to the police. Prosecutors began investigating the allegations, and in 2013, Anna was charged with two counts of first degree aggravated sexual assault. The court ruled that no evidence related to would be considered, because the process was not recognized by science. Stubblefield was convicted in October of 2015. Though she has since been released, she has not seen Derrick since 2011. Derrick still lives with Daisy and spends time with John and the rest of his family often. He no longer uses facilitated communication. Facilitated communication in context Proponents of insist it falls under the wider umbrella of Augmentative and Alternative Communication (AAC) methods, which the American Speech- Language-Hearing Association (ASHA) defines as \u201call of the ways that someone communicates besides talking has denounced FC, calling it \u201cpseudoscientific\u201d and \u201charmful.\u201d There have been multiple cases of sexual abuse allegations made through facilitated communication which were later ruled false, as well as multiple instances of facilitators engaging in sexual activity with those they were facilitating for, claiming it was consensual significant number of studies debunk FC, seeming to show that facilitators are influencing the output deliberately or, more often, through the ideomotor effect (the same subconscious phenomenon that makes it seem like Ouija boards truly channel spirits). 2/17/25, 2:52 The Chilling Story Behind Tell Them You Love Me 5/8 The key difference between and AAC, underscoring the reasons is considered fraudulent, is the direct physical guidance the facilitator exerts while serving as a conduit for communication. There is simply too much potential for, and evidence of, interference. It\u2019s important to note that many nonspeaking or partially speaking disabled people use analog and digital letter boards and keyboards to communicate. Some, like autistic disability advocate Jordyn Zimmerman, spent years unable to communicate because they\u2019d received intellectual disability diagnoses that made caretakers assume they had nothing to say. Nonspeaking people have long been subject to neglect and abuse, both as attempts to get them to speak, and as a consequence of the belief that if they\u2019re incapable of speech they must be incapable of meaningful thought. As is often the case when it comes to adaptive technologies, gaining access to can be life-changing. Part of understanding the issues raised in Tell Them You Love Me is acknowledging how many people have been denied the right to communicate based on the ableist presumption that they couldn't. To abled people, it may seem like that Derrick Johnson could never have communicated or experienced sexual desire simply because he's visibly disabled. But just as Anna almost certainly, if inadvertently, superseded Derrick\u2019s supposed voice with her own, abled viewers of Tell Them You Love Me could superimpose over the story a range of preconceived notions about disability, communication, and sex. \u201cIt is a longstanding and unfortunate truth that disabled people are often seen as undesirable and even as unable to experience desire, love or care in the way that all individuals do. As disabled people we understand how false that notion is and how harmful it can be,\u201d says journalist and disability rights advocate Keah Brown in an Times review of Alice Wong\u2019s anthology \u201cDisability Intimacy,\u201d which further explores this topic. Even if did tap into previously unrealized capacity for communication, the inherent potential for abuse is enough to call consent into question. How do you refuse anything, up to and including sex, when the person asking has a vested interest and control over your very ability to say \u201cno\u201d? 2/17/25, 2:52 The Chilling Story Behind Tell Them You Love Me 6/8 Ableism bolsters legislation that prioritizes helping disabled and chronically ill people die over helping them live. It leads to coerced and forced sterilization of disabled and chronically ill people, which a group of women with sickle cell anemia spoke out about just last month. It\u2019s part of the impetus behind what disability rights activist Stella Young first called \u201cinspiration porn,\u201d which portrays disabled people as not merely \u201cjust as good\u201d as everyone else but better\u2014as though only by inspiring the rest of us can they justify their existence. In an individualistic, standard-obsessed society, we struggle to believe that a life that requires profound reliance on others or deviates significantly from what\u2019s considered \u201cnormal\u201d is worthwhile and valuable. Often this devaluation makes disabled people and those who care about them vulnerable to being taken advantage of by people who claim to offer \u201cfixes\u201d\u2014to catastrophic effects Inside Elon Musk\u2019s War on Washington Why Do More Young Adults Have Cancer? Colman Domingo Leads With Radical Love 11 New Books to Read in February How to Get Better at Doing Things Alone Cecily Strong on Goober the Clown Column: The Rise of America\u2019s Broligarchy Introducing the 2025 Closers 2/17/25, 2:52 The Chilling Story Behind Tell Them You Love Me 7/8 Home U.S. Politics World Health Business Tech Personal Finance by Stamped Shopping by Stamped Future of Work by Charter Entertainment Ideas Science History Sports Magazine The Vault For Kids TIMECO2 Coupons Edge Video Masthead Newsletters Subscribe Digital Magazine Give a Gift Shop the Store Careers Modern Slavery Statement Press Room Studios U.S. & Canada Customer Care Global Help Center Contact the Editors Reprints and Permissions Site Map Media Kit Supplied Partner Content About Us \u00a9 2024 USA, LLC. All Rights Reserved. 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Offers may be subject to change without notice. 2/17/25, 2:52 The Chilling Story Behind Tell Them You Love Me 8/8", "7533_107.pdf": "Volume 31, 2016 - Issue 7 Disability & Society \uf105 Free access 11,880 Views 12 CrossRef citations to date Altmetric Current issues Facilitated communication, Anna Stubblefield and disability studies Mark Sherry \uf0e0 Pages 974-982 | Received 16 Mar 2016, Accepted 13 Jul 2016, Published online: 17 Aug 2016 \uf10dCite this article \uf14c \ue904 \ue902 Listen \ue91a \ue91b \uec6d \ue94e \uf0c9Article contents \uf15cRelated research \uf07a \uf0c9 \uf2c0 Home All Journals Disability & Society List of Issues Volume 31, Issue 7 Facilitated communication, Anna Stubblef .... \uf1e0Share \uf077 \uf03e Figures & data \uf02d References \uf10d Citations \uf080 Metrics \uf02f Reprints & Permissions \uf1c1 View \uf15c Full Article 2/17/25, 2:52 Full article: Facilitated communication, Anna Stubblefield and disability studies 1/48 Home All Journals Disability & 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\uf10d Citations \uf080 Metrics \uf02f Reprints & Permissions \uf1c1 View \uf15c Full Article 2/17/25, 2:52 Full article: Facilitated communication, Anna Stubblefield and disability studies 15/48 Abstract This article discusses the case of Anna Stubblefield, a disability studies scholar and Professor of Ethics at Rutgers University who was sentenced to 12 years in prison for sexually assaulting a disabled man. Stubblefield claimed that he consented, using facilitated communication. The article argues that facilitated communication is unscientific and unreliable, and that the support for Stubblefield from some disability studies scholars raises serious ethical concerns. \uf002Keywords: Facilitated communication Anna Stubblefield sexual assault intellectual disability crime victimization rape In facilitated communication, a disabled person\u2019s hand is held by \u2013 or, more accurately, it is directed by \u2013 another person, towards and onto a communication device. The (conscious or unconscious) power of the person guiding the hands to manipulate the other person is the key flaw in facilitated communication. Critics liken this process to a Ouija board. Even with the best of intentions, the person who \u2018facilitates\u2019 the conversation directs the conversation; they are the authors, rather than the disabled person (Boynton 2012; Ganz 2015; International Society for Augmentative and Alternative Communication 2014; Schlosser et al. 2014; Singer et al. 2014; Tetzchner 1996; Todd 2012). Studies of facilitated communication have consistently concluded that the technique has no validity; it has been widely described as a pseudoscience which is Previous article \uf104 View issue table of contents Next article \uf105 1 Home All Journals Disability & Society List of Issues Volume 31, Issue 7 Facilitated communication, Anna Stubblef .... \uf1e0Share \uf077 \uf03e Figures & data \uf02d References \uf10d Citations \uf080 Metrics \uf02f Reprints & Permissions \uf1c1 View \uf15c Full Article 2/17/25, 2:52 Full article: Facilitated communication, Anna Stubblefield and disability studies 16/48 unscientific and unreliable (Boynton 2012; Herbert, Sharp, and Gaudiano 2002; Jacobson, Mulick, and Schwartz 1995; Mirenda 2014; Mostert 2001, 2012, 2015; Probst 2005; Saloviita, Lepp\u00e4nen, and Ojalammi 2014; Schlosser et al. 2014; Singer et al. 2014; Todd 2015; Trembath et al. 2015; Wegner, Fuller, and Sparrow 2003; Ziring et al. 1998). The very small number of studies which support this practice are either uncontrolled or poorly controlled case studies with no reliability, replicability, or validity. Some of the many organizations which have opposed the use of (and rejected the validity of) facilitated communication include the American Psychiatric Association, American Academy of Child and Adolescent Psychiatry, American Association on Intellectual and Developmental Disabilities, American Psychological Association, American Speech\u2013Language\u2013Hearing Association, American Academy of Pediatrics, Association for Behavior Analysis, International Society for Augmentative and Alternative Communication, Autism Society of Canada, and many more (Auerbach 2015; Behavior Analysis Association of Michigan 2016; Riggott 2005). Regardless, an evangelical attachment to facilitated communication has been observed for decades (Ellis and Singh 1994) and remains today. Like a religious group, those who support facilitated communication have been called \u2018believers\u2019 (Green 1994, 70). Consistent with an anti- scientific, faith-based approach, today\u2019s foremost proponents of facilitated communication can be found on social media, rather than in peer-reviewed journals and systematic reviews (Hemsley and Dann 2014). Some authors call facilitated communication \u2018a fad\u2019 (Lilienfeld et al. 2014; Wombles 2014) because of its unscientific nature, but that term will not be used in this commentary because of the longevity of facilitated communication. Even though its flaws were identified decades ago (American Psychological Association 1994; Crews et al. 1995; Eberlin et al. 1993; Green 1994; Wheeler et al. 1993), this practice has lingered well beyond the lifespan of a \u2018fad.\u2019 Indeed, one recent author went so far as to call it \u2018a cult that won\u2019t go away\u2019 (Auerbach 2015). The authors who have critiqued facilitated communication include medical professionals, but their position should not be simply dismissed as relying on a medical Home All Journals Disability & Society List of Issues Volume 31, Issue 7 Facilitated communication, Anna Stubblef .... \uf1e0Share \uf077 \uf03e Figures & data \uf02d References \uf10d Citations \uf080 Metrics \uf02f Reprints & Permissions \uf1c1 View \uf15c Full Article 2/17/25, 2:52 Full article: Facilitated communication, Anna Stubblefield and disability studies 17/48 model of disability. Many of the critics of facilitated communication are deeply committed to disability rights. They argue that facilitated communication limits disabled people\u2019s rights, because it diverts them away from using reliable methods to improve their communication skills \u2013 suggesting that it is essentially an exploitative and dishonest sham which prevents these people from receiving appropriate support. For instance, one article described facilitated communication as a process of \u2018stolen voices\u2019 labelling it a fundamental abuse of disabled people\u2019s human rights which contravenes the United Nations Convention on the Rights of Persons with Disabilities (Chan and Nankervis 2014). Others have suggested that its popularity stems from a combination of \u2018strategic marketing, confirmation bias, pseudoscience, anti-science, and fallacy\u2019 (Travers, Tincani, and Lang 2014, 195) and that it denies disabled people genuine self-expression. The Stubblefield case recent sexual assault case involving Marjorie Anna Stubblefield, a disability studies scholar who was the Chair of Philosophy at Rutgers University, has again drawn attention to the issue of facilitated communication. Anna Stubblefield, as she prefers to be known, was convicted of repeated sexual assault against a disabled man and in January 2016 she was sentenced to 12 years in prison. She must serve at least 85% of this sentence before she can be paroled (Murray 2016). Stubblefield claimed that the man not only consented to sex via facilitated communication, but he initiated it. However, the judge ruled that the case was not about facilitated communication per se, but rather about the specific interactions involved in this case, including the capacity of the victim to consent. She further stated \u2018It sounds like \u2026 there is a constant effort to backdoor [facilitated communication] in this case. That is not what this case is about\u2019 (Wichert 2015a). The case has gained a great deal of attention, in part due to the salacious nature of the acts which were undisputed in the case. Some of the evidence in the case came from a telephone call with the victim\u2019s family which was recorded by police. In this telephone Home All Journals Disability & Society List of Issues Volume 31, Issue 7 Facilitated communication, Anna Stubblef .... \uf1e0Share \uf077 \uf03e Figures & data \uf02d References \uf10d Citations \uf080 Metrics \uf02f Reprints & Permissions \uf1c1 View \uf15c Full Article 2/17/25, 2:52 Full article: Facilitated communication, Anna Stubblefield and disability studies 18/48 call, Stubblefield provided many details which would later be used in court. She admitted that on one occasion she had taken him out of his wheelchair, put him on a towel on the floor in her office, removed his diaper and performed oral sex on him. She also indicated that on other occasions they had vaginal sex on the floor of her office. Stubblefield also suggested that this sex was acceptable because her office was a private space. Stubblefield had met the victim in his home, at the university, and at the Cerebral Palsy Center of New Jersey. His mother and brother, who are his legal guardians, believed that Stubblefield was helping the victim to learn to communicate more effectively. They believed that Stubblefield had been spending so much time with him because she was the only person who was able to elicit effective communication from him (United States District Court for the District of New Jersey 2013). His family testified that they were unable to elicit meaningful communicative responses from him, but Stubblefield pointed to her own success and told them to \u2018try harder.\u2019 According to Assistant Prosecutor Eric Plant, \u2018She misled the victim\u2019s family into believing that she was making progress in helping their son to communicate while all the while she was simply satisfying her own tawdry desires\u2019 (Murray 2016). The victim\u2019s family testified that the sexual nature of the relationship between Stubblefield and her victim was hidden from them by Stubblefield. They believed she was having a purely professional relationship with the victim. However, Stubblefield wrote a letter to the judge after her conviction which seemed to cast the relationship in a different light. Her letter was the subject of a Freedom of Information request by the New Jersey newspaper syndicate NJ.com, which then uploaded it to the Internet. This document indicates that Stubblefield never saw her relationship as a professional one, but rather a friendship: \u2018Thus, when met Mr (redacted saw him as someone could potentially help as a friend\u2019 (Stubblefield 2015). Stubblefield\u2019s sexual relationship with her victim was kept a secret for some time. For instance, the claim filed by the family in the civil case against Stubblefield and Rutgers stated that she told them she was taking him to a \u2018pool party\u2019 in 2010 but she actually sexually exploited him there (United States District Court for the District of New Jersey Home All Journals Disability & Society List of Issues Volume 31, Issue 7 Facilitated communication, Anna Stubblef .... \uf1e0Share \uf077 \uf03e Figures & data \uf02d References \uf10d Citations \uf080 Metrics \uf02f Reprints & Permissions \uf1c1 View \uf15c Full Article 2/17/25, 2:52 Full article: Facilitated communication, Anna Stubblefield and disability studies 19/48 2013, 2\u20133). Likewise, his guardians were not aware that she was taking him on \u2018dates.\u2019 One of those dates occurred in New York City. On this date, Stubblefield alleges that John Roe told her not to drink alcohol because she was the designated driver (Murray 2016). They assumed that Stubblefield\u2019s profession, and the fact that she was married, would prohibit such behavior. It was some time before she told the family what had actually been happening. Stubblefield eventually revealed the sexual nature of the relationship to his family, who asked many questions about what had occurred. Such conversations have long been recognized as a perfectly acceptable and valid form of evidence. This evidence also demonstrates the flaws in the arguments from some disability scholars that there is no case against Stubblefield without testimony from the victim himself. These suggestions also ignore the testimonies from multiple parties that he is unable to communicate in the way Stubblefield alleged. Stubblefield stated in her letter to the judge that believed he and were intellectual equals\u2019 even though he had been diagnosed with a severe intellectual disability for his entire lifetime (Stubblefield 2015, 1). However, for his entire life courts (such as those which had awarded legal guardianship for him to his family members) had ruled that he experienced a severe intellectual disability as well as cerebral palsy. The court recognized both his physical and intellectual impairments. There was testimony about John Roe\u2019s abilities with regard to communication and cognition during the trial. His guardians asserted that he was physically, intellectually, and legally incapable of consent. They also referenced his physical impairments: he also wears a diaper and requires assistance with basic needs such as eating, walking, and bathing. As well, they discussed his communication skills, stressing that throughout his entire life, every test he had undergone has shown that he is unable to speak or communicate. One of the most disgraceful elements of this case is that Anna Stubblefield was a Professor of Ethics. Given the importance of informed consent in such a case, and the dangers of sexual exploitation, Stubblefield was doubly obliged to ensure that she was accurately communicating with the victim and not simply projecting her own fantasies. Even if one believed in (fantasies of) facilitated communication, it was incumbent upon Home All Journals Disability & Society List of Issues Volume 31, Issue 7 Facilitated communication, Anna Stubblef .... \uf1e0Share \uf077 \uf03e Figures & data \uf02d References \uf10d Citations \uf080 Metrics \uf02f Reprints & Permissions \uf1c1 View \uf15c Full Article 2/17/25, 2:52 Full article: Facilitated communication, Anna Stubblefield and disability studies 20/48 her to utilize an independent facilitator to verify her beliefs. It was also important, legally and ethically, to be open and honest with his legal guardians. Given that Stubblefield knew that throughout his life John Roe had never legally been able to consent to any decision-making, and that legal assent could only be provided by his guardians, it was incumbent on her to engage in every safeguard possible to ensure that this was not sexual abuse or rape. Instead, her behavior was shrouded in secrecy; no independent verification of his alleged sexual interest was undertaken. His guardians were kept unaware of this sexual relationship. Indeed, when they found out about the sexual relationship, they told Stubblefield to stay away from the victim and not to try to contact him, a request she ignored (Murray 2016). She admitted in her letter to the judge that although the family had told her to stay away from him, she wrote to the director of his day program to ask whether she could see him (Stubblefield 2015, 3). Disability studies scholars and the Stubblefield case It is too soon to see the long-term contribution of disability studies to this case in peer- reviewed journals, but the case has already garnered a great deal of attention online and has been the subject of significant discussion on disability Listservs and on social media sites aimed specifically at disability issues. Some disability studies scholars have also been quoted in the press discussing this case. The response of disability studies scholars to this case has been insightful, but also in some cases deeply troubling on an ethical level. The most useful contributions of disability studies have been to highlight the enfreakment of John Roe in the case, to question some of the language and diagnostic terminology which was used, and to emphasize the distinction between the physical impairments associated with cerebral palsy and the experience of intellectual disability. Disability studies scholars have consistently suggested that John Roe did not testify in the case and have argued that without his testimony there is no case against Home All Journals Disability & Society List of Issues Volume 31, Issue 7 Facilitated communication, Anna Stubblef .... \uf1e0Share \uf077 \uf03e Figures & data \uf02d References \uf10d Citations \uf080 Metrics \uf02f Reprints & Permissions \uf1c1 View \uf15c Full Article 2/17/25, 2:52 Full article: Facilitated communication, Anna Stubblefield and disability studies 21/48 Stubblefield, because it is impossible to know whether John Roe consented or not. His brother and his mother, who are his legal guardians, did bring him to court on one day, where he was presented as a non-verbal \u2018demonstrative exhibit.\u2019 This element of the proceedings has been widely critiqued by disability studies scholars \u2013 to parade a disabled person as an exhibit is eerily reminiscent of the \u2018freak shows\u2019 of yesteryear. There is one element of this argument which is certainly correct: John Roe should not have been treated as a \u2018freak.\u2019 But the suggestion that there is no case against Stubblefield without his testimony is greatly mistaken. There is a litany of ways in which a court can establish the facts of a case, outside of victim testimonies. Many victims are unwilling to testify in cases of rape and sexual violence; this does not mean that the attackers cannot be prosecuted. Alternate evidence can be provided in many ways, including written or oral statements from the accused, witness statements, other court testimonies, recorded messages, and independent evidence of the physical or emotional harm done to the victim. For instance, in the civil case, both the victim\u2019s brother and mother claimed that Stubblefield admitted \u2018she had sexually molested\u2019 the victim but the defense denied this allegation (United States District Court for the District of New Jersey 2013). In the criminal case, the victim\u2019s brother also testified that he saw scratches on the victim\u2019s back after the sexual abuse, and that he now realized the nightmares which his brother was having after these events may have been a sign of Post-Traumatic Stress Disorder (Wichert 2015b). Prosecutors also presented a recorded a conversation between Stubblefield and the victim\u2019s guardians, and a diary which Stubblefield had written was provided by her husband. Disability studies scholars have been on stronger ground when critiquing the language used in the case. In court documents, John Roe was described as \u2018suffering\u2019 from cerebral palsy and \u2018mental retardation,\u2019 with \u2018the mental capacity of a toddler.\u2019 Unfortunately, the language of the court system is often disablist. Given that the courts need to use the specific language of the criminal code in their verdicts, alternative language to the term \u2018mental retardation\u2019 was not possible in this case, but it would have Home All Journals Disability & Society List of Issues Volume 31, Issue 7 Facilitated communication, Anna Stubblef .... \uf1e0Share \uf077 \uf03e Figures & data \uf02d References \uf10d Citations \uf080 Metrics \uf02f Reprints & Permissions \uf1c1 View \uf15c Full Article 2/17/25, 2:52 Full article: Facilitated communication, Anna Stubblefield and disability studies 22/48 been possible to use an alternative word other than \u2018suffering\u2019 to describe the experience of having cerebral palsy. Disability studies scholars have convincingly critiqued the notion of \u2018mental age\u2019 and identified its disablist underpinnings (Gill 2015). These scholars would also undoubtedly be concerned about any conflation of physical impairment with cognitive capacity. However, to be fair, there was distinct testimony about communication and cognition during the trial. John Roe\u2019s guardians asserted that he was physically, intellectually, and legally incapable of consent. Unfortunately, disability studies scholars have been particularly weak in discussing other elements of the case, in particular: disclosing personal or financial conflicts of interests; using an alternative name to that used in the court, which would make the victim more identifiable; focusing their attention on Stubblefield rather than on the victim; and failing to critically explore whether support for Stubblefield means they have taken on the role of de facto rape apologists. There are two potential conflicts of interest for people in disability studies who may discuss this case. The first is a personal conflict of interest. Anna Stubblefield is well known by disability studies scholars in the United States. She has published in Disability Studies Quarterly and has presented at the Society for Disability Studies (SDS) conference. Many American disability studies scholars also know her mother, who has been involved in disability issues for decades. Although have publicly requested that they do so have not seen a single person in disability studies who has engaged in this debate publicly disclose such a relationship. Such admissions may elicit more critical appraisals of their statements, which is necessary given that many have long-standing friendships with Stubblefield. The second potential source of conflict of interest is a looser, financial one. There is absolutely no suggestion that any scholar is receiving funding to support Stubblefield; any potential conflict of interest is far more indirect, and is associated with a generic support for facilitated communication. Some of the authors and institutions which have been vocal regarding their support of Stubblefield\u2019s use of facilitated communication could be perceived to have a financial conflict of interest: they would Home All Journals Disability & Society List of Issues Volume 31, Issue 7 Facilitated communication, Anna Stubblef .... \uf1e0Share \uf077 \uf03e Figures & data \uf02d References \uf10d Citations \uf080 Metrics \uf02f Reprints & Permissions \uf1c1 View \uf15c Full Article 2/17/25, 2:52 Full article: Facilitated communication, Anna Stubblefield and disability studies 23/48 lose millions of dollars in funding if its fundamental flaws were recognized (Auerbach 2015). Another disturbing element of the response of disability studies scholars to the Stubblefield case concerns the identification of the victim. In both a civil case against Stubblefield and Rutgers University, and in the criminal prosecution of Stubblefield, the victim was known as \u2018John Roe.\u2019 Unfortunately, some disability studies writers have decided to use a more identifiable name \u2013 they call him \u2018D-Man,\u2019 an identifier which would be recognizable to those who met him at because the conference paper attributed to him is published in Disability Studies Quarterly under that name. The shameful decision to use this more identifiable name, in contrast to the approach of the court and his guardians, was never publicly justified by such scholars will not use it here again. Before Stubblefield was convicted closely monitored many disability discussions about the case on social media, and on disability Listservs. Some disability studies scholars expressed their support for Stubblefield, encouraged those near the trial to visit the courtroom to show solidarity, and/or publicly encouraged donations towards Stubblefield\u2019s legal costs. But what was missing in this entire discussion was a focus on the victim. In all of the posts saw, there was never a suggestion that people reach out to the family, even though many disability studies scholars met the victim\u2019s brother when he read the victim\u2019s purported paper at the Society for Disability Studies conference. In my opinion, the welfare of the disabled victim should have been paramount saw these scholars advocate on behalf of Stubblefield, who is a white, non-disabled woman, but never saw anything to support the black disabled man who was the victim of this sexual assault even witnessed disability scholars soliciting contributions to her legal defense fund, but never saw a single effort to support the victim. In my view, this response to rape is not only misdirected, it is unethical and shameful. The lack of concern for the victim and his family was chilling, disturbing, and alarming. Finally am deeply concerned that there has been a lack of critical reflection from disability studies scholars as to the danger of their role becoming de facto rape 2 Home All Journals Disability & Society List of Issues Volume 31, Issue 7 Facilitated communication, Anna Stubblef .... \uf1e0Share \uf077 \uf03e Figures & data \uf02d References \uf10d Citations \uf080 Metrics \uf02f Reprints & Permissions \uf1c1 View \uf15c Full Article 2/17/25, 2:52 Full article: Facilitated communication, Anna Stubblefield and disability studies 24/48 apologists. It seems to me that disability studies scholars ought to be framing this behavior in terms of the epidemic of rape and sexual violence against disabled people, which has been documented elsewhere (Sherry 2010). We live in a rape culture \u2013 the fact that very few disability studies scholars are framing their discussions in terms of rape culture is alarming. One disability scholar, Shelley Tremain, has correctly emphasized the importance of issues of privilege and disadvantage in this case (Tremain 2015). Stubblefield was a well-paid white academic; the victim is a person of color. These dynamics cannot be ignored \u2013 imbalances of power underlie most cases of sexual abuse, rape, and other forms of sexual violence. Yet they seem to have been sidelined when disability scholars rallied around their colleague and friend. The first section of this article suggested that facilitated communication is thoroughly unreliable. While the judge said the case was not about facilitated communication per se, many of Stubblefield\u2019s defenders in disability studies stridently defended it, almost as a matter of faith. This was a mistake \u2013 facilitated communication is a practice that is demonstrably unscientific and unreliable. Their personal and financial support for Stubblefield must also be called into question. Stubblefield was convicted by a jury of her peers, after a five-week trial, and is now a registered (and incarcerated) sex offender. Given that the courts have found her guilty, it is incumbent upon disability studies scholars to critically examine their support for Stubblefield. Were they inadvertent rape apologists? Disclosure statement No potential conflict of interest was reported by the author. Notes Home All Journals Disability & Society List of Issues Volume 31, Issue 7 Facilitated communication, Anna Stubblef .... \uf1e0Share \uf077 \uf03e Figures & data \uf02d References \uf10d Citations \uf080 Metrics \uf02f Reprints & Permissions \uf1c1 View \uf15c Full Article 2/17/25, 2:52 Full article: Facilitated communication, Anna Stubblefield and disability studies 25/48 1. Facilitated communication should not be confused with augmentative communication (such as the use of picture and symbol communication boards and electronic devices). There are hundreds of reliable, valid forms of augmentative communication, such as those involving various assistive technologies. They are very different to the practice of facilitated communication. 2. Some critics have demanded the removal of this paper from Disability Studies Quarterly, given the court findings that he was incapable of writing it. This is a position would support, but it is too far removed from the emphasis of this article to discuss in detail here. References 1. American Psychological Association. 1994. Resolution on Facilitated Communication. Google Scholar 2. Auerbach, D. 2015. \u201cFacilitated Communication is a Cult That Won\u2019t Die.\u201d Slate Magazine, November 12. ed_communication_pseudoscience_harms_people_with_disabilities.html Google Scholar 3. Behavior Analysis Association of Michigan. 2016. Resolutions and Statements by Scientific, Professional, Medical, Governmental, and Support Organizations against the Use of Facilitated Communication. Google Scholar Home All Journals Disability & Society List of Issues Volume 31, Issue 7 Facilitated communication, Anna Stubblef .... \uf1e0Share \uf077 \uf03e Figures & data \uf02d References \uf10d Citations \uf080 Metrics \uf02f Reprints & Permissions \uf1c1 View \uf15c Full Article 2/17/25, 2:52 Full article: Facilitated communication, Anna Stubblefield and disability studies 26/48 4. Boynton, J. 2012. \u201cFacilitated Communication\u2014What Harm It Can Do: Confessions of a Former Facilitator.\u201d Evidence-Based Communication Assessment and Intervention 6 (1): 3\u2013 13. doi:10.1080/17489539.2012.674680. Google Scholar 5. Chan, J., and K. Nankervis. 2014. \u201cStolen Voices: Facilitated Communication is an Abuse of Human Rights.\u201d Evidence-Based Communication Assessment and Intervention 8 (3): 151\u2013156.10.1080/17489539.2014.1001549 Google Scholar 6. Crews, W. D., E. C. Sanders, L. G. Hensley, Y. M. Johnson, S. Bonaventura, R. D. Rhodes, and M. P. Garren. 1995. \u201cAn Evaluation of Facilitated Communication in a Group of Nonverbal Individuals with Mental Retardation.\u201d Journal of Autism and Developmental Disorders 25 (2): 205\u2013213. doi:10.1007/bf02178505. PubMed Web of Science \u00ae Google Scholar 7. Eberlin, M., G. McConnachie, S. Ibel, and L. Volpe. 1993. \u201cFacilitated Communication Failure to Replicate the Phenomenon.\u201d Journal of Autism and Developmental Disorders 23 (3): 507\u2013530. doi:10.1007/bf01046053. PubMed Web of Science \u00ae Google Scholar 8. Ellis, C. R., and N. N. Singh. 1994. \u201cPharmacotherapy: II.\u201d Journal of Developmental and Physical Disabilities 6 (2): 83\u201386.10.1007/BF02579351 Google Scholar 9. Ganz, J. B. 2015 Interventions for Individuals with Autism Spectrum Disorders: State of the Science and Future Research Directions.\u201d Augmentative and Alternative Communication 31 (3): 203\u2013214.10.3109/07434618.2015.1047532 PubMed Web of Science \u00ae Google Scholar Home All Journals Disability & Society List of Issues Volume 31, Issue 7 Facilitated communication, Anna Stubblef .... \uf1e0Share \uf077 \uf03e Figures & data \uf02d References \uf10d Citations \uf080 Metrics \uf02f Reprints & Permissions \uf1c1 View \uf15c Full Article 2/17/25, 2:52 Full article: Facilitated communication, Anna Stubblefield and disability studies 27/48 10. Gill, M. 2015. Already Doing It: Intellectual Disability and Sexual Agency. Minneapolis, MN: University of Minnesota Press.10.5749/minnesota/9780816682973.001.0001 Google Scholar 11. Green, G. 1994. \u201cFacilitated Communication: Mental Miracle or Sleight of Hand.\u201d Behavior and Social Issues 4 (1): 69\u201385. Google Scholar 12. Hemsley, B., and S. Dann. 2014. \u201cSocial Media and Social Marketing in Relation to Facilitated Communication: Harnessing the Affordances of Social Media for Knowledge Translation.\u201d Evidence-Based Communication Assessment and Intervention 8 (4): 187\u2013206.10.1080/17489539.2015.1023988 Google Scholar 13. Herbert, J. D., I. R. Sharp, and B. A. Gaudiano. 2002. \u201cSeparating Fact from Fiction in the Etiology and Treatment of Autism Scientific Review of the Evidence.\u201d The Scientific Review of Mental Health Practice 1 (1): 23\u201343. Google Scholar 14. International Society for Augmentative and Alternative Communication. 2014 Position Statement on Facilitated Communication.\u201d Augmentative and Alternative Communication 30 (4): 357\u2013358. doi:10.3109/07434618.2014.971492. PubMed Google Scholar 15. Jacobson, J. W., J. A. Mulick, and A. A. 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Shane. 2014. \u201cThe Persistence of Fad Interventions in the Face of Negative Scientific Evidence: Facilitated Communication for Autism as a Case Example.\u201d Evidence-Based Communication Assessment and Intervention 8 (2): 62\u2013101.10.1080/17489539.2014.976332 Google Scholar 18. Mirenda, P. 2014. \u201cComments and a Personal Reflection on the Persistence of Facilitated Communication.\u201d Evidence-Based Communication Assessment and Intervention 8 (2): 102\u2013110. doi:10.1080/17489539.2014.997427. Google Scholar 19. Mostert, M. P. 2001. \u201cFacilitated Communication since 1995 Review of Published Studies.\u201d Journal of Autism and Developmental Disorders 31 (3): 287\u2013313. doi:10.1023/a:1010795219886. PubMed Web of Science \u00ae Google Scholar 20. Mostert, M. 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Newark, NJ: Essex County Prosecutors Office. Google Scholar 23. Probst, P. 2005. \u201c\u2018Communication Unbound-or Unfound\u2019?-An Integrative Review on the Effectiveness of Facilitated Communication (FC) in Non-Verbal Persons with Autism and Mental Retardation.\u201d Zeitschrift Fur Klinische Psychologie Psychiatrie Und Psychotherapie 53 (2): 93\u2013128. Google Scholar 24. Riggott, J. 2005. \u201cPseudoscience in Autism Treatment: Are the News and Entertainment Media Helping or Hurting?\u201d Scientific Review of Mental Health Practice 4 (1): 55\u201358. Google Scholar 25. Saloviita, T., M. Lepp\u00e4nen, and U. Ojalammi. 2014. \u201cAuthorship in Facilitated Communication: An Analysis of 11 Cases.\u201d Augmentative and Alternative Communication 30 (3): 213\u2013225.10.3109/07434618.2014.927529 PubMed Web of Science \u00ae Google Scholar 26. Schlosser, R. W., S. Balandin, B. Hemsley, T. Iacono, P. Probst, and S. von Tetzchner. 2014. \u201cFacilitated Communication and Authorship Systematic Review.\u201d Augmentative and Alternative Communication 30 (4): 359\u2013368.10.3109/07434618.2014.971490 PubMed Web of Science \u00ae Google Scholar 27. Sherry, M. 2010. Disability Hate Crimes: Does Anyone Really Hate Disabled People?. Surrey, England: Ashgate. Google Scholar Home All Journals Disability & Society List of Issues Volume 31, Issue 7 Facilitated communication, Anna Stubblef .... \uf1e0Share \uf077 \uf03e Figures & data \uf02d References \uf10d Citations \uf080 Metrics \uf02f Reprints & Permissions \uf1c1 View \uf15c Full Article 2/17/25, 2:52 Full article: Facilitated communication, Anna Stubblefield and disability studies 30/48 28. Singer, G. H., R. H. Horner, G. Dunlap, and M. Wang. 2014. \u201cStandards of Proof TASH, Facilitated Communication, and the Science-Based Practices Movement.\u201d Research and Practice for Persons with Severe Disabilities 39 (3): 178\u2013188.10.1177/1540796914558831 Web of Science \u00ae Google Scholar 29. Stubblefield, A. 2015, 26 December. Letter to Superior Court Judge Siobhan Teare. f_sex_ass.html Google Scholar 30. Tetzchner, S. V. 1996. \u201cFacilitated, Automatic and False Communication: Current Issues in the Use of Facilitating Techniques.\u201d European Journal of Special Needs Education 11 (2): 151\u2013166. Google Scholar 31. Todd, J. T. 2012. \u201cThe Moral Obligation to Be Empirical: Comments on Boynton\u2019s \u2018Facilitated Communication\u2014What Harm It Can Do: Confessions of a Former Facilitator\u2019.\u201d Evidence-Based Communication Assessment and Intervention 6 (1): 36\u201357. Google Scholar 32. Todd, J. T. 2015. \u201cOld Horses in New Stables.\u201d Controversial Therapies for Autism and Intellectual Disabilities: Fad, Fashion, and Science in Professional Practice. London: Routledge. Google Scholar 33. Travers, J. C., M. J. Tincani, and R. Lang. 2014. \u201cFacilitated Communication Denies People with Disabilities Their Voice.\u201d Research and Practice for Persons with Severe Disabilities 39 (3): 195\u2013202.10.1177/1540796914556778 Web of Science \u00ae Google Scholar Home All Journals Disability & Society List of Issues Volume 31, Issue 7 Facilitated communication, Anna Stubblef .... \uf1e0Share \uf077 \uf03e Figures & data \uf02d References \uf10d Citations \uf080 Metrics \uf02f Reprints & Permissions \uf1c1 View \uf15c Full Article 2/17/25, 2:52 Full article: Facilitated communication, Anna Stubblefield and disability studies 31/48 34. Tremain, S. 2015, 14 October. The Racialized Reception of the Verdict in the Trial of Anna Stubblefield. racialized-reception-of-the-verdict-in-the-trial-of-anna-stubblefield.html Google Scholar 35. Trembath, D., J. Paynter, D. Keen, and U. K. H. Ecker. 2015. \u201c\u2018Attention: Myth Follows!\u2019 Facilitated Communication, Parent and Professional Attitudes towards Evidence- Based Practice, and the Power of Misinformation.\u201d Evidence-Based Communication Assessment and Intervention 9 (3): 113\u2013126. Google Scholar 36. Wegner, D. M., V. A. Fuller, and B. Sparrow. 2003. \u201cClever Hands: Uncontrolled Intelligence in Facilitated Communication.\u201d Journal of Personality and Social Psychology 85 (1): 5.10.1037/0022-3514.85.1.5 PubMed Web of Science \u00ae Google Scholar 37. Wheeler, D. L., J. W. Jacobson, R. A. Paglieri, and A. A. Schwartz. 1993. \u201cAn Experimental Assessment of Facilitated Communication.\u201d Mental Retardation 31 (1): 49\u201360. PubMed Google Scholar 38. Wichert, B. 2015a, 20 August. Controversial Technique At Center Of Professor\u2019s Sex Assault Trial. fessors_se.html Google Scholar 39. Wichert, B. 2015b, 17 September. Professor Accused Of Bruising Disabled Man during Sex Assault. Home All Journals Disability & Society List of Issues Volume 31, Issue 7 Facilitated communication, Anna Stubblef .... \uf1e0Share \uf077 \uf03e Figures & data \uf02d References \uf10d Citations \uf080 Metrics \uf02f Reprints & Permissions \uf1c1 View \uf15c Full Article 2/17/25, 2:52 Full article: Facilitated communication, Anna Stubblefield and disability studies 32/48 Download _on_disabled.html Google Scholar 40. Wombles, K. 2014. \u201cSome Fads Never Die\u2014They Only Hide behind Other Names: Facilitated Communication is Not and Never Will Be Augmentative and Alternative Communication.\u201d Evidence-Based Communication Assessment and Intervention 8 (4): 181\u2013186.10.1080/17489539.2015.1012780 Google Scholar 41. Ziring, P. R., D. Brazdziunas, W. 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PubMed Web of Science \u00ae Google Scholar Related research \uf05a Recommended articles Cited by 12 Ableism, ambiguity, and the Anna Stubblefield case* Kevin Mintz Disability & Society Published online: 30 Jul 2017 \ue908 Facilitated Communication\u2014what harm it can do: Confessions of a former facilitator Janyce Boynton Evidence-Based Communication Assessment and Intervention Published online: 17 Apr 2012 \ue908 Facilitated Communication and Authorship Systematic Review \ue908 \ue904 People also read Home All Journals Disability & Society List of Issues Volume 31, Issue 7 Facilitated communication, Anna Stubblef .... \uf1e0Share \uf077 \uf03e Figures & data \uf02d References \uf10d Citations \uf080 Metrics \uf02f Reprints & Permissions \uf1c1 View \uf15c Full Article 2/17/25, 2:52 Full article: Facilitated communication, Anna Stubblefield and disability studies 33/48 Ralf W. Schlosser et al. 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Issues Volume 31, Issue 7 Facilitated communication, Anna Stubblef .... \uf1e0Share \uf077 \uf03e Figures & data \uf02d References \uf10d Citations \uf080 Metrics \uf02f Reprints & Permissions \uf1c1 View \uf15c Full Article 2/17/25, 2:52 Full article: Facilitated communication, Anna Stubblefield and disability studies 48/48", "7533_108.pdf": "Anna Stubblefield Born Marjorie Anna Stubblefield December 3, 1969 Known for Sexual abuse of a man with severe cerebral palsy Criminal status Released Motive Sexual gratification Conviction(s) Third-degree aggravated sexual assault Criminal charge First-degree aggravated sexual assault (2 counts; overturned) Penalty 656 days in prison (previously 12 years) Details Victims 1 State(s) New Jersey Date apprehended 2015 Anna Stubblefield Marjorie Anna Stubblefield (/\u02c8\u0251\u02d0n\u0259/; born December 3, 1969) is a former professor of philosophy at Rutgers University\u2013Newark, practitioner of facilitated communication, and convicted sexual assaulter.[1] Stubblefield was found guilty of raping a man with severe cerebral palsy when she reportedly believed to have communicated and gained consent from him using the discredited practice of facilitated communication. She was sentenced to 12 years in prison. In October 2016, the family was awarded $4 million in a civil lawsuit against Stubblefield. The 2023 documentary film Tell Them You Love Me covers the abuse case. Stubblefield grew up in Plymouth, Michigan, with her mother, Sandra McClennen, and her father. She was raised Jewish. During her high school years, Stubblefield wrote for the school newspaper, studied Braille, and learned American Sign Language.[2] Stubblefield received her PhD in 2000, and became \"a prominent scholar in the field of Africana philosophy\", and chairwoman of the American Philosophical Association's Committee on the Status of Black Philosophers,[2] and the author of a book published by Cornell University Press titled Ethics Along the Color Line. In 2001, she became a philosophy professor at Rutgers University\u2013Newark, where she also served as a faculty advisor to the university's Disability Services Office. Her university website described her as a \"Facilitated Communication Trainer by the Institute at the School of Education, Syracuse University.\"[3] Early life Academic career 2/17/25, 2:53 Anna Stubblefield - Wikipedia 1/6 In 2015, Stubblefield was found guilty of aggravated sexual assault against a man with severe cerebral palsy, which makes assessing his mental capacity with accuracy impossible. At the time the investigation began in 2011, Stubblefield was the chair of Rutgers-Newark's philosophy department, whose professional work centered on ethics, race, and disability rights,[4] but she was subsequently put on administrative leave without pay and removed as chair of the philosophy department.[5][6] The victim was identified as D.J., a 33-year-old African-American man with severe mental disabilities who cannot speak, has cerebral palsy, and is unable to stand independently or accurately direct movements of his body. Based on his disability, his mother and brother were appointed his legal guardians.[4] Stubblefield stated that she had successfully communicated with him, determining he was of normal intelligence. She subsequently brought him to conferences where she \"held him out as a success story\". In 2011, she revealed to his mother and brother that she had had sexual relations with D.J. and said that they were in love, attributing consent to messages received while facilitating. Stubblefield stated that the two of them had a mutually consenting relationship established through facilitated communication. However, testing of D.J. by family members failed to establish the ability to communicate, and Stubblefield was thanked but denied further access to D.J. She continued to attempt to maintain contact with D.J. and began challenging control of D.J.'s legal guardians over him.[4] In August 2011, the family contacted the police.[5][7] Stubblefield pleaded not guilty to the charges and said that facilitated communication revealed D.J. was mentally capable, while prosecutors said that facilitated communication was scientifically discredited and that D.J. did not have the ability to consent to sexual relations.[5][6] Experts evaluating D.J. testified he did not have the intellectual ability to consent to sexual activity.[8] Facilitated communication testimony from D.J. was not allowed as the technique was ruled unreliable under New Jersey law.[4] After a three-week trial, the jury found Stubblefield guilty of two counts of first-degree aggravated sexual assault, the equivalent of rape in New Jersey.[4] After conviction, the judge revoked bail, saying that she was a flight risk.[4] She was sentenced to 12 years in prison.[9] This included requiring her to register as a sex offender.[9][10] Before sentencing, Stubblefield wrote to Judge Siobhan Teare, stating was deeply in love believed that he and were intellectual equals, and that our romantic relationship was consensual and mutually loving intended no harm, and had nothing to gain.\"[11] In July 2017, an appeals court overturned her conviction and ordered a retrial on the basis that it was a violation of her rights to not allow her to use facilitated communication as a defense.[12][13] In 2018 she pleaded guilty to \"third-degree aggravated criminal sexual contact\" and was sentenced to time served.[13] In October 2016, the family was awarded $4 million in a civil lawsuit against Stubblefield.[14] The 2023 documentary film Tell Them You Love Me by Nick August-Perna covers the story.[15] Abuse and legal proceedings 2/17/25, 2:53 Anna Stubblefield - Wikipedia 2/6 The victim's brother spoke during Stubblefield's sentencing hearing, stating, \"[Stubblefield] is not Sandra Bullock and this is not 'The Blind Side'... She raped my brother... She tried to supplant his life with some version of life she thought was better.\"[16] Daniel Engber covered Stubblefield's trials for The New York Times. In 2018, Engber wrote: \"From my position in the gallery, reporting on the trial, it always seemed to me that Anna was entrapped by the grandiosity of her good intentions. As an academic, she devoted much of her career to social-justice activism and the philosophy of race and disability, warning in her published work that men like D.J. (who is black) were like 'the canary's canary' in the coal mine \u2014 'the most vulnerable of the vulnerable' \u2014 and subject to both white supremacist and ableist oppression. In teaching D.J. how to type, using a widely disavowed method known as 'facilitated communication,' she believed she was restoring his right of self-determination: empowering him to take college classes, present papers at conferences and eventually express his longing for the older, married, white woman who had been his savior.\"[17] James Todd, a professor of psychology at the Eastern Michigan University and a vocal critic of facilitated communication argued that Syracuse University, where Stubblefield received her training, held some of the responsibility for the crime. In 2018, he said: \"For decades, the Syracuse administration has not only tolerated dangerous facilitated communication pseudoscience, it has even openly championed over clear and established science... It is not too late. Syracuse University can still renounce and repudiate FC. It can take real responsibility for all the harm left in its wake.\"[18] She was married to Roger Stubblefield, with whom she has two children.[2] Since their divorce, Roger has called Anna a \"pathological liar and narcissist\".[19] Ethics Along the Color Line. Ithaca: Cornell University Press. 2005 9780801442674. Reactions Personal life Works Books 2/17/25, 2:53 Anna Stubblefield - Wikipedia 3/6 \"Beyond the Pale\": Tainted Whiteness, Cognitive Disability, and Eugenic Sterilization ( e.jhu.edu/article/210160).\" In Hypatia 22, no. 2, (Spring 2007): 162-181. \"Contraceptive Risk-Taking and Norms of Chastity.\" ( 67-9833.1996.tb00254.x) In Journal of Social Philosophy 27, no. 3, (1996): 81-100. \"The Entanglement of Race and Cognitive Dis/ability. ( 781444322781.ch17)\" In Cognitive Disability and Its Challenge to Moral Philosophy ( ibrary.wiley.com/doi/book/10.1002/9781444322781), edited by Kittay, Carlson, 293-313. Wiley- Blackwell, 2010. \"Race, Disability, and the Social Contract.\" In The Southern Journal of Philosophy, no. 47, (2009): 104-111. \"Race as Families.\" ( In Journal of Social Philosophy 27, no. 1, (2001): 99-112. \"Living a Good Life... In Adult-Sized Diapers.\" ( J&pg=PA219) In Disability and the Good Human Life ( s/subjects/law/human-rights/disability-and-good-human-life), edited by Bickenbach, Felder, Schmitz, 219-242. Cambridge: Cambridge University Press, 2013. Annie's Coming Out \u2013 based on the case of Anne McDonald List of abuse allegations made through facilitated communication 1. Mintz, Kevin (2017-11-26). \"Ableism, ambiguity, and the Anna Stubblefield case\" ( fonline.com/doi/full/10.1080/09687599.2017.1356058). Disability & Society. 32 (10): 1666\u20131670. doi:10.1080/09687599.2017.1356058 ( 0968-7599 ( 2. Engber, Daniel (2015-10-20). \"The Strange Case of Anna Stubblefield\" ( 2015/10/25/magazine/the-strange-case-of-anna-stubblefield.html). The New York Times 0362-4331 ( Retrieved 2024-06-25. 3. \"Anna Stubblefield\" ( philos1/component/content/component/content/article/8-fac/7-anna.html). 2010-06-27. Archived from the original ( ticle/8-fac/7-anna.html) on 2010-06-27. Retrieved 2024-07-04. 4. Daniel Engber (October 20, 2015). \"The Strange Case of Anna Stubblefield\" ( com/2015/10/25/magazine/the-strange-case-of-anna-stubblefield.html). The New York Times Magazine. Archived ( 10/25/magazine/the-strange-case-of-anna-stubblefield.html) from the original on October 20, 2015. Retrieved October 21, 2015. \"...the judge ruled that facilitated communication failed New Jersey's test for scientific evidence.\" Articles See also References 2/17/25, 2:53 Anna Stubblefield - Wikipedia 4/6 5. Wichert, Bill (January 8, 2015). \"New Jersey: Judge OKs document detailing Rutgers professor's sexual relations with a man with severe cerebral palsy\" ( 1/judge_approves_document_use_in_trial_of_rutgers_professor_accused_of_sexually_assaulting _mentally_di.html Advance Media. New Jersey Online LLC. Archived ( web/20150402091353/ e_in_trial_of_rutgers_professor_accused_of_sexually_assaulting_mentally_di.html) from the original on 2 April 2015. Retrieved 21 March 2015. 6. Zambito, Thomas (April 25, 2014). \"Judge questions 'consent' defense in case of Rutgers-Newark professor accused of sexual assault\" ( _consent_defense_in_case_of_rutgersnewark_professor_accused_of_sex_assault.html Advance Media for NJ.com. New Jersey Online LLC. Retrieved March 21, 2015. Dead link as of October 22, 2015 7. Szteinbaum, Sabrina. \"Former RutgersNewark philosophy department chairwoman to appear in court for alleged sexual abuse of mentally handicapped man\" ( 02171541/ nt-chairwoman-to-appear-in-court-for-alleged-sexual-abuse-o). The Daily Targum. New Brunswick, New Jersey. Archived from the original ( mer-rutgers-newark-philosophydepartment-chairwoman-to-appear-in-court-for-alleged-sexual-abu se-o) on April 2, 2015. Retrieved March 21, 2015. Dead link as of October 22, 2015 8. Wichert, Bill (2015-10-02). \"Professor found guilty of sexually assaulting disabled man\" ( w.nj.com/essex/index.ssf/2015/10/professor_found_guilty_of_sexually_assaulting_disa.html). NJ.com. Archived ( ssf/2015/10/professor_found_guilty_of_sexually_assaulting_disa.html) from the original on 2019- 02-07. Retrieved 4 October 2015. 9. \"Professor who abused disabled man sentenced to prison\" ( -for-prof-convicted-of-sex-abuse-of-disabled-man/365390581/). Associated Press via Star Tribune. Retrieved 15 January 2016. 10. David Porter, Associated Press (15 January 2016). \"Professor who abused disabled man gets 12 years in prison\" ( ex-abuse-of-6760684.php). Times Union. Associated Press. Retrieved 16 January 2016. 11. Engber, Daniel (2016-02-03). \"What Anna Stubblefield Believed She Was Doing\" ( mes.com/2016/02/03/magazine/what-anna-stubblefield-believed-she-was-doing.html). The New York Times 0362-4331 ( Retrieved 2024-08-28. 12. State of New Jersey v. Stubblefield, 162 A.3d 1074 ( e=2725698065028411594) (N.J. Super. Ct. App. Div 2017-06-09). 13. Napoliello, Alex (11 May 2018). \"No more prison for ex-Rutgers professor who sexually assaulted disabled student\" ( second_time.html). NJ.com. Archived ( nj.com/essex/index.ssf/2018/05/anna_stubblefield_sentenced_for_second_time.html) from the original on 3 October 2018. Retrieved 2 October 2018. 14. Moriarty, Thomas (2018-03-19). \"Ex-Rutgers prof admits it was a crime to have sex with disabled man\" ( _cont.html). NJ.com. Archived ( ssex/index.ssf/2018/03/ex-rutgers-newark_prof_admits_criminal_sexual_cont.html) from the original on 2018-03-19. Retrieved 20 March 2018. 15. Latif, Leila (3 February 2024). \"Tell Them You Love Me review \u2013 this chilling documentary is vital, challenging TV\" ( iew-this-chilling-documentary-is-vital-challenging-tv). The Guardian. Archived ( y/20240204032218/ review-this-chilling-documentary-is-vital-challenging-tv) from the original on 4 February 2024. 2/17/25, 2:53 Anna Stubblefield - Wikipedia 5/6 16. \"Rutgers prof gets 12 years in prison\" ( mayhem/2016/01/15/rutgers-prof-gets-years-prison/78874642/). Courier News. Associated Press. Retrieved 2024-08-28. 17. Engber, Daniel (2018-04-05). \"The Strange Case of Anna Stubblefield, Revisited\" ( mes.com/2018/04/05/magazine/the-strange-case-of-anna-stubblefield-revisited.html). The New York Times 0362-4331 ( Retrieved 2024-07-02. 18. \"Educator trained in discredited communication method at pleads guilty to criminal sexual contact\" ( -pleads-guilty-criminal-sexual-contact/). The Daily Orange. 2018-03-19. Retrieved 2024-08-28. 19. \"Where Anna Stubblefield & Derrick Johnson Are Today After Tell Them You Love Me's Controversial Case\" ( nson-are-today-after-tell-them-you-love-mes-controversial-case/ar-BB1oDnXY). MSN. Retrieved from \" 2/17/25, 2:53 Anna Stubblefield - Wikipedia 6/6", "7533_109.pdf": "Inside Anna Stubblefield's Case Featured in Hit Netflix Documentary Tell Them You Love Me The former university professor claimed she fell in love with a nonverbal man with severe disabilities, but prosecutors claimed she sexually abused him By | Published on June 20, 2024 03:37PM Corin Cesaric 2/17/25, 2:53 The True Story Behind Netflix's 'Tell Them You Love Me' and Anna Stubblefield's Case 1/10 Anna Stubblefield in Jan. 15, 2016 Anna Stubblefield \u2014 a former college professor \u2014 is at the center of Netflix's newest true-crime documentary, Tell Them You Love Me. The documentary follows Stubblefield's claims of falling in love with a nonverbal man with disabilities and the court case that followed, which resulted in two sexual assault convictions, prison time and an unexpected reversal of the court's decision \u2014 before Stubblefield's ultimate plea deal. Here is everything to know about Anna Stubblefield and where she is today. Who is Anna Stubblefield? Anna Stubblefield was a professor at Rutgers University's campus in Newark, N.J., when she met Derek Johnson in 2009 through his brother, a student at the university, NJ.com reported. Johnson, who has cerebral palsy, cannot speak or take care of himself. Years before Johnson and Stubblefield met, Johnson was declared incompetent to handle his own 2/17/25, 2:53 The True Story Behind Netflix's 'Tell Them You Love Me' and Anna Stubblefield's Case 2/10 affairs and his mother and brother were named as his legal guardians, NJ.com reported. When Stubblefield showed her class a film about facilitated communication \u2014 a widely discredited technique to help people with disabilities communicate \u2014 Johnson's brother was curious if it could help Johnson communicate for the first time in his life. Stubblefield then began having meetings with Johnson and his family and worked as his \"facilitator,\" NJ.com reported. Eventually the meetings consisted of only Stubblefield and Johnson. Two years later, on Memorial Day 2011, Stubblefield \u2014 who was married with two children at the time \u2014 went to the Johnson family home and announced that she and Johnson were in love, The New York Times reported in 2015. According to NJ.com, she also kissed Johnson in front of his family on this day.The Times reported that Johnson was previously declared to \"have the mental capacity of a toddler,\" so her assertion shocked his family lawsuit and criminal case followed with Stubblefield subsequently being charged with two counts of aggravated sexual assault 2/17/25, 2:53 The True Story Behind Netflix's 'Tell Them You Love Me' and Anna Stubblefield's Case 3/10 Zoe Stubblefield, left, and Anna Stubblefield on Jan. 15, 2016 at Anna's sentencing What is facilitated communication? According to the American Speech-Language-Hearing Association (ASHA), facilitated communication is a \"discredited technique that should not be used.\" The technique \"involves a person with a disability pointing to letters, pictures, or objects on a keyboard or on a communication board, typically with physical support from a 'facilitator,'\" according to ASHA. Want to keep up with the latest crime coverage? Sign up for PEOPLE's free True Crime newsletter for breaking crime news, ongoing trial coverage and details of intriguing unsolved cases. The association adds that it is a discredited technique \"due to a lack of scientific validity and reliability,\" and that there is scientific evidence that shows the \"facilitators\" are the ones creating the messages rather than the person with disabilities. Zoe Stubblefield, left, the daughter of Rutgers University professor Anna Stubblefield, right, addresses the court during her mother's sentencing at Superior Court, Friday, Jan. 15, 2016, in Newark, N.J. Stubblefield, 46, convicted of sexually assaulting a disabled man who she said had consented to the relationship by communicating on a keyboard, was sentenced to 12 years in prison 2/17/25, 2:53 The True Story Behind Netflix's 'Tell Them You Love Me' and Anna Stubblefield's Case 4/10 What was Anna Stubblefield convicted of? In 2015, Stubblefield was convicted of two counts of first-\u00addegree aggravated sexual assault, The New York Times reported. During the trial, Essex County prosecutors claimed that due to Johnson's mental disabilities, he was not able to give consent. She was sentenced to two 12-year prison terms to serve consecutively. However, in 2017, those convictions were overturned and Stubblefield was granted a new trial after a judge ruled she did not receive a fair trial, NJ.com reported. The following year, Stubblefield took a plea deal and pleaded guilty to third-degree aggravated criminal sexual contact. She was sentenced to time served and released from prison 2/17/25, 2:53 The True Story Behind Netflix's 'Tell Them You Love Me' and Anna Stubblefield's Case 5/10 Anna Stubblefield Where is Anna Stubblefield now? Since her prison release, Stubblefield has stayed largely out of the public eye, but she is featured in Tell Them You Love Me. Although she eventually did plead guilty to sexual contact, she is seemingly still defending her actions, stating at one point, \"I'm not guilty of a crime.\" She is now divorced from Roger Stubblefield who she shares two children with, per The New York Times. Anna Stubblefield 2/17/25, 2:53 The True Story Behind Netflix's 'Tell Them You Love Me' and Anna Stubblefield's Case 6/10 Related Articles Jay Claims \u2018Victory\u2019 as Rape Case Against Him and Diddy Is \u2018Voluntarily Dismissed\u2019 By Danielle Bacher and Elizabeth Rosner In New Lawsuit, Man Claims Diddy 'Lost His Patience' at Accuser's Refusal to Perform Oral Sex Before Brutally Raping Him By Liam Quinn and Danielle Bacher Woman Claims She Desperately Tried to Text Husband Her Location Before Diddy Assaulted Her for Hours: Suit By Liam Quinn and Danielle Bacher Sean 'Diddy' Combs Sued by 2 Women Who Claim They Were Sexually Assaulted at Trump Hotel By Charmaine Patterson and Danielle Bacher Woman Claims Diddy Said These Chilling Words Before Giving Her Drink. Then He Allegedly Sexually Assaulted Her: Complaint By Christine Pelisek and Danielle Bacher If you or someone you know has been sexually assaulted, please contact the National Sexual Assault Hotline at 1-800-656 (4673) or go to rainn.org. Tell Them You Love Me is now streaming on Netflix 2/17/25, 2:53 The True Story Behind Netflix's 'Tell Them You Love Me' and Anna Stubblefield's Case 7/10 Sean 'Diddy' Combs Sues Peacock Over Documentary, Claiming It 'Maliciously and Recklessly Broadcast Lies' By Liam Quinn Prosecutors Who Wrote Motion Recommending Resentencing for Menendez Brothers Claim Retaliation, Discrimination By Christine Pelisek Evan Rachel Wood Says She's 'Endlessly Proud of Survivors' After D.A. Says Her Ex Marilyn Manson Won't Face Sex Abuse Charges By Charlotte Phillipp Man Claims He Was Drugged by Sean 'Diddy' Combs so Mogul Could Perform Oral Sex on Him: Complaint By Liam Quinn and Danielle Bacher Danity Kane's D. Woods Says She Felt 'Like a Piece of Meat' as She Speaks Out About Her Experience with Sean 'Diddy' Combs By Rachel McRady Sean 'Diddy' Combs Is Taken to Hospital from Jail: Report By Liam Quinn 2/17/25, 2:53 The True Story Behind Netflix's 'Tell Them You Love Me' and Anna Stubblefield's Case 8/10 Chris Brown Sues Warner Bros. for $500 Million Over Docuseries, Says He Was Falsely Labeled as an Abuser By Charmaine Patterson and Danielle Bacher R. Kelly Sued by 6 Victims Claiming He Owes Them Over $9.9 Million Tied to 2022 Judgment Won Against Him By Bailey Richards Justin Baldoni's Former Agency Urges Him to 'Just Stop' Going After Blake Lively: 'Let the Process Play Itself Out' By Tommy McArdle and Elizabeth Rosner Marcus Jordan Pleads Not Guilty to DUI, Cocaine Possession and Resisting Arrest Charges By Bailey Richards Olympic Boxer, Who Won Thailand\u2019s First Gold Medal, Sentenced to Prison for Sexually Assaulting a Minor By Sean Neumann 2/17/25, 2:53 The True Story Behind Netflix's 'Tell Them You Love Me' and Anna Stubblefield's Case 9/10 Follow Us About Us Tested Editorial Policy Careers Privacy Policy Contact Us Terms of Service Advertise is part of the Dotdash Meredith publishing family 2/17/25, 2:53 The True Story Behind Netflix's 'Tell Them You Love Me' and Anna Stubblefield's Case 10/10"} |
7,684 | William Wise | University of Central Florida | [
"7684_101.pdf",
"7684_102.pdf",
"7684_103.pdf"
] | {"7684_101.pdf": "cuts ties with professor due to sexual harassment Shanae Hardy Central Florida Future Published 7:39 p.m Oct. 27, 2015 Updated 12:00 a.m Oct. 28, 2015 adjunct professor, William Wise, was let go by the university after an investigation revealed sexual harassment on a student and retaliation by changing the student's grade. The student, whose name was not released by UCF, alleged that Wise, who worked in the College of Education and Human Performance, made lewd comments during a spring 2014 meeting to discuss the student's grade, according to documents obtained from Tuesday. During the meeting, the student recalled a conversation where Wise referenced sexual behavior. According to the investigative reports prepared by the Equal Opportunity and Affirmative Action office, Wise said, \"Oh! There's that boy again! What's his name?\" When the student asked who he was referring to, Wise said, \"the boy you are doing instead of doing your homework.\" After feeling \"uncomfortable and afraid,\" the student ended the meeting with Wise and decided to have no further in-person contact with him. After the meeting, the student's father said, during an interview, that the student came home \"upset and humiliated about Dr. Wise's insinuating comments.\" During a later grade appeal hearing, the student alleged he or she decided to not meet the professor in person for a fall 2014 course 2311, to address a failing grade because of his conduct in the April meeting. \"This office finds that the student\u2019s reaction and reluctance to have further contact with Dr. Wise was reasonable. Therefore, Dr. Wise\u2019s comments actually interfered with the student\u2019s 2/17/25, 2:53 cuts ties with professor due to sexual harassment 1/2 educational opportunities. Accordingly finds that Dr. Wise subjected the student to sex-based harassment,\" said Maria Beckman, the director of UCF's Equal Opportunity and Affirmative Action program, in the reports. Wise denied the allegations and said he did not recall having a meeting with the student or emailing the student, telling him or her to come by his office anytime to submit an extra credit assignment. He claimed the student earned his or her failing grade for poor attendance and failure on many assignments. Despite Wise's rebuttal, the student provided emails exchanged between the student and Wise on April 1 and April 2, which contradicted Wise's comments. According to the report, the student also provided a Webcourses email, notifying the student that Wise had changed the grade on an assignment from an to an on April 15, 2015, just two hours before the grade appeal hearing. During the hearing, Wise could not give a reasonable explanation as to why he changed the student's grade ruled that Wise had retaliated the student's sexual harassment complaints grade appeal committee changed the student's grade from an to a B. After the meeting, Wise said in the documents, \"Well guess it has finally caught up to me.\" Wise was notified on July 22 that he would not be rehired as an adjunct professor for the College of Education. The documents also clarified that Wise had no previous records of sexual harassment during his 17 years at UCF. Wise declined to comment on the investigation. ----- Shanae Hardy is a Digital Producer for the Central Florida Future. Email her at ShanaeH@CentralFloridaFuture.com 2/17/25, 2:53 cuts ties with professor due to sexual harassment 2/2", "7684_102.pdf": "By Brigitte Snedeker - October 27, 2015 University of Central Florida adjunct faculty member William Wise lost his job due to sexual harassment allegations, according to an investigative report. The Office of Equal Opportunity and Affirmative Action Programs found that Wise \u201ccommitted both harassment on the basis of sex and retaliation,\u201d the report said student sent in the accusations after appealing a grade in Wise\u2019s 2311, Teaching, Learning & Strategies for Substitute Teachers class in fall of 2014, the report stated. However, the student and Wise had met prior in April 2014 to discuss two courses the student had taken with the faculty member in spring semester. \u201cOh! There\u2019s that boy again,\u201d Wise said to the student when reviewing the spring 2014 assignment grades, according to the report. \u201cWhat\u2019s the boy\u2019s name?\u201d \u201cWhat boy?\u201d the student asked. \u201cThe boy you are doing instead of your homework,\u201d Wise responded according to the report. The report also said that Wise kept asking for the boy\u2019s name and told the student he hoped he had fun because \u201cthe boy\u201d cost the student an \u2018A\u2019 in the class. The student felt \u201cuncomfortable and afraid,\u201d according to the report. The student did not want to take Wise\u2019s EDG2311 in the fall due to this meeting but he was the only professor teaching the required course. The student\u2019s father attended the student\u2019s interview with the and said that the student returned home \u201cvisibly upset\u201d after meeting with Wise in the spring and that the 2/17/25, 2:53 Adjunct Faculty Member Fired After Sexual Harrasment Allegations \u2014 KnightNews.com 1/2 student felt \u201cupset and humiliated,\u201d according to the report. The student said that the first report of Wise to the university was a grade appeal for the class in the fall of 2014, according to the report. The document states that Wise denied his comments to the student and that he did not recall the meeting where this occurred. \u201cHe stated that the student earned a failing grade in the Fall 2014 class because of poor attendance and failure on many of the class assignments,\u201d the report said. The student alleged that they \u201creceived an automated e-mail stating that, immediately before the grade appeal hearing, Dr. Wise tried to change [the] grade on one of the assignments for his fall 2014 semester course\u201d from a perfect 10 to a zero, according to the report. The report states that Wise did not provide a clear reason for the grade change. The student provided emails between them and Wise where Wise said the student could stop by his office hours on April 3. The report states that Wise said he \u201csearched his Outlook appointment database and could find no appointment with the student referenced.\u201d However, this was contradicted by the student emails. \u201cWell guess it has finally caught up to me,\u201d Wise said at the end of the hearing, according to the report learned from the Assistant Dean of the college that it had received no prior complaints of sex-based harassment concerning Dr. Wise,\u201d according to the report. 2/17/25, 2:53 Adjunct Faculty Member Fired After Sexual Harrasment Allegations \u2014 KnightNews.com 2/2", "7684_103.pdf": "By By UPDATED: UPDATED: April 6, 2019 at 4:43 April 6, 2019 at 4:43 adjunct faculty member lost his job after he was accused of making adjunct faculty member lost his job after he was accused of making sexually inappropriate comments to a student last year and then retaliating sexually inappropriate comments to a student last year and then retaliating by lowering the student\u2019s grades, according to school documents. by lowering the student\u2019s grades, according to school documents. The University of Central Florida would not reveal whether the student who The University of Central Florida would not reveal whether the student who complained was a man or woman. The school recently released the complained was a man or woman. The school recently released the investigative report involving the faculty member, William Wise, who taught in investigative report involving the faculty member, William Wise, who taught in the College of Education and Human Performance and left the school in the College of Education and Human Performance and left the school in August. August. The student accused Wise of making the comments in 2014 as the student The student accused Wise of making the comments in 2014 as the student appealed a failing grade in his class this year. appealed a failing grade in his class this year. \u201cOh! There\u2019s that boy again,\u201d Wise said as they met to review the student\u2019s \u201cOh! There\u2019s that boy again,\u201d Wise said as they met to review the student\u2019s grade, according to the report. \u201cWhat\u2019s the boy\u2019s name?\u201d grade, according to the report. \u201cWhat\u2019s the boy\u2019s name?\u201d \u201cWhat boy?\u201d the student asked. \u201cWhat boy?\u201d the student asked. \u201cThe boy you are doing instead of your homework,\u201d Wise answered back, the \u201cThe boy you are doing instead of your homework,\u201d Wise answered back, the student later told officials. student later told officials Sexual harassment allegations Sexual harassment allegations cost faculty member his job cost faculty member his job 2/17/25, 2:53 Sexual harassment allegations cost faculty member his job \u2013 Orlando Sentinel 1/3 In the investigative report, Wise denied he said anything wrong. In an In the investigative report, Wise denied he said anything wrong. In an interview with the Orlando Sentinel this week he said he could not recall interview with the Orlando Sentinel this week he said he could not recall meeting with the student after more than a year passed. meeting with the student after more than a year passed. \u201cI\u2019ve never heard of anything like this. How somebody can just come along \u201cI\u2019ve never heard of anything like this. How somebody can just come along and say something? It\u2019s hard for me to understand,\u201d Wise said. and say something? It\u2019s hard for me to understand,\u201d Wise said. The student, who is not named in the report, left the meeting feeling The student, who is not named in the report, left the meeting feeling \u201cuncomfortable and afraid,\u201d the report said. \u201cuncomfortable and afraid,\u201d the report said. The student went home to visit family and was \u201cvisibly upset,\u201d said the The student went home to visit family and was \u201cvisibly upset,\u201d said the student\u2019s father, who later testified against Wise, according to the report. student\u2019s father, who later testified against Wise, according to the report. After he and his wife asked a few times what was wrong, (the student) told After he and his wife asked a few times what was wrong, (the student) told them about interaction with Dr. Wise and how upset and humiliated (the them about interaction with Dr. Wise and how upset and humiliated (the student) was about Dr. Wise\u2019s insinuations,\u201d the report said. student) was about Dr. Wise\u2019s insinuations,\u201d the report said. Later, the student appealed the failing grade in Wise\u2019s class and said his Later, the student appealed the failing grade in Wise\u2019s class and said his sexual comments were the reason why the student did not seek additional sexual comments were the reason why the student did not seek additional help from the adjunct faculty member grade appeal committee decided the help from the adjunct faculty member grade appeal committee decided the student\u2019s \u2018F\u2019 should be changed to a a \u2018B.\u2019 student\u2019s \u2018F\u2019 should be changed to a a \u2018B.\u2019 The report described Wise\u2019s words as \u201cobjectively offensive,\u201d although it The report described Wise\u2019s words as \u201cobjectively offensive,\u201d although it also noted it was the first time Wise faced such allegations. also noted it was the first time Wise faced such allegations. \u201cDr. Wise\u2019s comments were severe and created a hostile environment for the \u201cDr. Wise\u2019s comments were severe and created a hostile environment for the student \u2026,\u201d wrote Maria Beckman, director of Office of Equal Opportunity student \u2026,\u201d wrote Maria Beckman, director of Office of Equal Opportunity and Affirmative Action Programs, in the investigative report. \u201cAlthough the and Affirmative Action Programs, in the investigative report. \u201cAlthough the comments occurred on only one occasion and were not threatening, he made comments occurred on only one occasion and were not threatening, he made more than one comment and persisted in referencing sex-based activity that more than one comment and persisted in referencing sex-based activity that he imagined the student had engaged in.\u201d he imagined the student had engaged in.\u201d The report also determined Wise marked down one of the student\u2019s The report also determined Wise marked down one of the student\u2019s assignments from a perfect grade to a zero less than two hours the student\u2019s assignments from a perfect grade to a zero less than two hours the student\u2019s grade appeal hearing on April 15. grade appeal hearing on April 15. Wise argued changing the student\u2019s assignment did not impact the final \u2018F\u2019 Wise argued changing the student\u2019s assignment did not impact the final \u2018F\u2019 grade. \u201cHe speculated he may have changed the grade to \u2018clean up\u2019 his grade. \u201cHe speculated he may have changed the grade to \u2018clean up\u2019 his grading of the student\u2019s assignments,\u201d the report said. grading of the student\u2019s assignments,\u201d the report said. The university ruled Wise retaliated because he was aware of the student\u2019s The university ruled Wise retaliated because he was aware of the student\u2019s sexual harassment allegations against him. sexual harassment allegations against him. 2/17/25, 2:53 Sexual harassment allegations cost faculty member his job \u2013 Orlando Sentinel 2/3 2015 2015 \ue907 \ue907October October \ue907 \ue90727 27 Originally Published: Originally Published: October 27, 2015 at 12:46 October 27, 2015 at 12:46 After the school investigated sent Wise a letter informing him that he After the school investigated sent Wise a letter informing him that he will no longer be hired as an adjunct professor. Wise, who began at in will no longer be hired as an adjunct professor. Wise, who began at in 1998, had his final day Aug. 12, Kotala said. 1998, had his final day Aug. 12, Kotala said. Wise said losing his job gave him the courage to pursue other career Wise said losing his job gave him the courage to pursue other career opportunities and he was at peace with no longer working at the university. opportunities and he was at peace with no longer working at the university. \u201cThis was supposed to happen. It doesn\u2019t mean it\u2019s fair,\u201d he said. \u201cThis was supposed to happen. It doesn\u2019t mean it\u2019s fair,\u201d he said. But he added, \u201cThings happen for a reason.\u201d But he added, \u201cThings happen for a reason.\u201d 2/17/25, 2:53 Sexual harassment allegations cost faculty member his job \u2013 Orlando Sentinel 3/3"} |
8,242 | Ian Samuel | Indiana University - Bloomington | [
"8242_101.pdf",
"8242_102.pdf",
"8242_103.pdf",
"8242_104.pdf",
"8242_105.pdf"
] | {"8242_101.pdf": "Indiana Law Professor Resigns After Title Misconduct Investigation The former professor said the Title investigation gave him \u201ca chance to live the life I\u2019ve got differently,\" and that it was justice for his actions. Published: May 15, 2019 Author: Katie Malafronte The former professor officially resigned on May 10, 2019. \uf09a \uf099 \uf08c \uf0e0 An Indiana University Maurer School of Law associate Professor announced on Friday that he has resigned from his position following a Title misconduct investigation Trending High School Band Competition Shooting Injures 1 2024 Campus Safety Conference Resource Center Xtract One Gateway Selected by Manitoba Hospitals \uf002 Follow Us \ue093 \ue09a \ue09d \ue094 \ue0a3 Emerald Media Network Advertise Campus Safety Conference 2/17/25, 2:54 Indiana Law Professor Resigns After Title Misconduct Investigation 1/5 Last November, Indiana University received multiple complaints about the professor, Ian Samuel, reports Indiana Public Media. Though details of the allegations remain unclear, a statement from the university earlier this year said they prohibited gender discrimination \u201cduring the course of an evening after a law school event.\u201d The co-host of \u201cFirst Mondays,\u201d a popular podcast about the Supreme court, was placed on paid leave on Nov. 19 and told to stay off campus. In Samuel\u2019s letter of resignation to the university\u2019s provost, which he also shared on his personal Twitter page, he said he is \u201cchoosing to forgo procedural rights that might\u2026preserve my job don\u2019t think I\u2019m breaching any confidences by saying that the allegations, in this case, describe me drinking to excess in a public place shouldn\u2019t have been, in company shouldn\u2019t have kept, and treating the people present in ways they didn\u2019t deserve,\u201d Samuel wrote. \u201cOnce was ready to be honest with myself had to admit that the night in question was the clearest sign yet of a problem that had been growing for some time, and which was going to keep growing as long as kept ignoring it.\u201d He goes on to credit the university\u2019s investigation to potentially saving his life and giving him the chance to turn his life around. \u201cI\u2019d be a real ingrate if felt anything other than admiration and gratitude for the complainants\u2019 integrity in this case,\u201d Samuel said. Many commentators on Samuel\u2019s tweet and letter called him \u201chonorable\u201d for his admission and wished him well on his road to recovery. Several others believe the letter was his way of downplaying the allegations. One man said, \u201cThis is a complete non-apology. This letter is all about him. Nowhere does he apologize to his victims. Nor to any of the other women he disrespected, including on this platform. If he \u201cgoes on,\u201d he still owes many, many amends.\u201d Indiana University spokesperson Chuck Carney says the Title investigation is over and there have been no details given about the outcome. Posted in: News Tagged with: Sexual Misconduct, Student Safety, Title 2/17/25, 2:54 Indiana Law Professor Resigns After Title Misconduct Investigation 2/5 Related Posts Students Create a Culture of Belonging on National No One Eats Alone Day 90% of Americans Want Bystanders to Use AEDs But Less Than 50% Believe They Have Same Responsibility 7 Years Later: The Heroes and Victims of the Parkland School Shooting 2 Pro-Palestine Student Groups Suspended for Vandalizing Regent\u2019s Home 2/17/25, 2:54 Indiana Law Professor Resigns After Title Misconduct Investigation 3/5 Contact Us Emerald Expositions 31910 Del Obispo, Suite 200 San Juan Capistrano 92675 Phone: 800-440-2139 Customer Service: 774-505-8058 Social: \ue093 \ue09a \ue09d \ue094 \ue0a3 General News Insights Resources Awards Podcasts Sponsored Press Releases Topics View All Posts \u00bb Active Assailant Clery / Title Emergency Management Hospital Security Mental Health Public Safety School Safety Security Technology Facilities Management University Security Awards Campus Safety Awards Director of the Year Awards About Us About Us Editorial Team Advertise with Us Contact Us Emerald Expositions 31910 Del Obispo, Suite 200 San Juan Capistrano 92675 Phone: 800-440-2139 Customer Service: 774-505-8058 General News Insights Resources Awards Podcasts Sponsored Press Releases Topics View All Posts \u00bb Active Assailant Clery / Title Emergency Management Hospital Security Mental Health Public Safety School Safety Security Technology Facilities Management University Security Resources Campus Safety Awards Director of the Year Awards About Us About Us Editorial Team Advertise with Us 2/17/25, 2:54 Indiana Law Professor Resigns After Title Misconduct Investigation 4/5 \u00a9 2025 Emerald X, LLC. All Rights Reserved \ue093 \ue09a \ue09d \ue094 \ue0a3 2/17/25, 2:54 Indiana Law Professor Resigns After Title Misconduct Investigation 5/5", "8242_102.pdf": "on on \u00bb Sponsorships With Guaranteed Prominent Law School Professor Resigns After Title Misconduct Investigation He expresses gratitude for those who brought the allegations against him. By Kathryn Rubino on May 13, 2019 Ian Samuel (Photo by Comm via Twitter) In December, shockwaves went through legal academia circles when it was revealed that Indiana University Maurer School of Law professor Ian Samuel was on leave from the school pending a Title investigation. The investigation has ended, and on Friday, Samuel announced on Twitter that he was resigning from his position at Indiana, saying he is \u201cchoosing to forgo procedural rights that Subscribe Send Tips Share 2/17/25, 2:54 Prominent Law School Professor Resigns After Title Misconduct Investigation - Above the Law 1/8 might (though doubt it) preserve my job if fought to the Pyrrhic end, because the academic year is over and it\u2019s time for this process to be over, too.\u201d Samuel\u2019s full statement provides some context for the allegations against him: Well don\u2019t think I\u2019m breaching any confidences by saying that the allegations in this case describe me drinking to excess in a public place shouldn\u2019t have been, in company shouldn\u2019t have kept, and treating the people present in ways they didn\u2019t deserve. He goes on to say that the allegations, and the investigation it spurred, were a wake up call for him that caused him to take a hard look at his life and the decisions he was making: When the investigation began, a few people trust suggested that maybe it was time to take a hard look at my life. They were right. Once was ready to be honest with myself had to admit that the night in question was the clearest sign yet of a problem that had been growing for some time, and which was going to keep growing as long as kept ignoring it. Although that admission didn\u2019t solve anything by itself, it did beat denial. Samuel even expresses gratitude for those who brought the allegations against him: 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, 2:54 Prominent Law School Professor Resigns After Title Misconduct Investigation - Above the Law 2/8 The truth is that the university\u2019s investigation, in addition to doing justice, probably had the side effect of saving my life. More importantly, it\u2019s given me a chance to live the life I\u2019ve got differently was becoming an ugly man, and needed nothing so much as a clean mirror and someone brave enough to make me look at it. Well, someone did, and they did it before my son got old enough to start feeling ashamed of his father. Not everyone is so lucky. So I\u2019d be a real ingrate if felt anything other than admiration and gratitude for the complainants\u2019 integrity in this case. He says that leaving his job is an appropriate punishment for his wrongdoings, and though he doesn\u2019t have a clear path ahead, he will be taking \u201canother road\u201d: What do know is that halfway through the journey of my life lost\u2014 through my own grievous fault\u2014the straightforward path, my sense of right and wrong. It behooves me now to take another road. Samuel made headlines last year for publicly disclosing the mandatory arbitration agreement Biglaw firm Munger Tolles required all employees to sign. After the backlash, the firm reversed their policy, and set off an industry-wide look at how forced arbitration is used at law firms that is still ongoing. 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, 2:54 Prominent Law School Professor Resigns After Title Misconduct Investigation - Above the Law 3/8 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 Which Issues Do Healthcare Leaders Want Jr. To Address? 2/17/25, 2:54 Prominent Law School Professor Resigns After Title Misconduct Investigation - Above the Law 4/8 Recommended 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. 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DMCA.com COMPLIANT\u00a9 2/17/25, 2:54 Prominent Law School Professor Resigns After Title Misconduct Investigation - Above the Law 8/8", "8242_103.pdf": "Take Care, Ian Samuel (Updated) We had the occasional exchange on the twitters while he was a lecturer at Harvard Law School, in- cluding these when he was promoting court-packing the Supremes. Ian Samuel was about as much of a social justice poster boy as there could be, smugly self-righteous of his tribe and not reluctant to be disdainful, if not attack, the unwoke. We did not, for the most part, see eye to eye. But when one of his gigs, First Mondays, a podcast about the Supreme Court, twitted about him was concerned. Announcement: Until further notice, Ian Samuel will be on a leave of absence from First Mondays while he tends to personal and family issues. In the meantime, Leah Litman will step up to serve as co-host and co-manager with Dan Epps. The weekly episodes will keep rolling! Despite our disagreements, it\u2019s always concerning to hear of someone having \u201cpersonal and family is- sues\u201d of the magnitude that would prevent him from doing something like this wish no one ill, and certainly no one harm, and take no joy from someone suffering issues, no matter how much we may disagree. But the plot quickly thickened. Ian left Harvard and began teaching at Indiana University law school. This was his first semester as a prawf, and this announcement, this action, was quite extreme. Indiana University has opened a Title investigation involving an associate professor of law. In a statement, University Spokesperson Chuck Carney says the university cannot comment on details of the personnel matter. \u201cWe take these processes very seriously and will determine the facts in the case,\u201d Carney says. Confirmation of the investigation comes after IU\u2019s Maurer School of Law sent an email to stu- dents in Associate Professor Ian Samuel\u2019s civil procedure course outlining changes to an exam planned for Friday. It appears the First Mondays announcement was not only misleading, but that they had immediately thrown Ian under the bus. Removing Ian from the classroom immediately suggests a determination that he posed a potential Title threat, even if it\u2019s hard to conceive how he could do harm to anyone via a podcast. There is no information available about what accusations were leveled hesitate to suggest any, even though the implications seem fairly obvious. The point is that whatever the accusations might be, they are only accusations. Yet, he\u2019s been unceremoniously removed from his podcast* and his classroom. Even if the latter could be explained as an excess of caution, the former cannot. It can be explained, of course, but neither rationally nor fairly. 2/17/25, 2:54 Take Care, Ian Samuel (Updated) | Simple Justice 1/6 It seems hard to imagine that Ian Samuel did anything to anyone to justify either the accusations or immediate reaction. There\u2019s never been a suggestion that he was less than sincere about his politics, even if they\u2019re extreme. But then, one never really knows what goes on with other people. Still, he re- mains entitled to the presumption of innocence, even if he wouldn\u2019t be as generous with others. Without more information, announcements like this give rise to the worst case speculation. It may be so, or far, far less significant. Regardless, it is critically important that Ian be provided due process and the opportunity to defend himself from accusations. It is irrelevant whether he would have argued against due process for others, whether he would have denied some other prawf, some other male student, the opportunity to do what should be afforded Ian now. There is a tendency at times like this to indulge in the ugliness of Schadenfreude will resist it, and so should you. Regardless of whether Ian would support another man\u2019s due process, he is still enti- tled to it, and will still support his ability to fairly defend himself from accusations of misconduct, whatever they may be. Maybe being the target of Title accusations will serve to change his mind. Maybe not. Regardless wish Ian Samuel the best, presume him to be innocent and support his ability to fully and fairly defend himself from the accusations, whatever they may be. Everyone deserves this, including Ian Samuel. And it\u2019s an ironic shame that the woke First Mondays podcast saw fit to jettison him upon mere accusations rather than support the constitutional rights of one of their own. Update 12/2/18: As one might expect, quite a bit of information has come out over the past day. An email has issued to students at the law school that Ian has \u201cvoluntarily\u201d checked himself into the hos- pital. What this has to do with hospitalization remains a mystery, as does whether it\u2019s accurate at all, and whether it was voluntary (alcoholism?) or not, or perhaps tactical. Dear Students, It is likely that you may see news reports this weekend about Prof. Ian Samuel, reporting that the university has opened a Title investigation am not able to comment on those news re- ports, but wanted you to hear from me before you heard from others. The university is han- dling the matter centrally, and we are taking direction from administration. We take Title allegations extremely seriously, and the University will conduct a full investigation and follow their process. Prof. Samuel and his wife, Shannon, have indicated that earlier this week he voluntarily admit- ted himself to the hospital. We notified Prof. Samuel\u2019s students that Prof. Geyh and would be writing and grading his Civil Procedure exams after learning of that hospitalization. Sincerely, Austen Parrish An anon student twitter account has claimed that the underlying accusation is that \u201cMultiple (more that 10) students came forward and reported incidents of Samuel groping them at a local bar Maurer student (who has asked that his identity be kept confidential) who was present in the bar dis- putes this, saying that there were ten people in the bar, not ten students groped. And First Mondays issued an additional statement. 2/17/25, 2:54 Take Care, Ian Samuel (Updated) | Simple Justice 2/6 Ian has also come under attack based on heretofore unmentioned allegations which suddenly ap- peared about his time at Harvard, and the usual accusers and mindless sycophants, as the mob turns against him. Even the podcast has come under attack, which may (or may not) have anything to do with the second statement. Title complaints don\u2019t necessarily have to be about sexual misconduct. They can also be about other forms of sex discrimination. And really, you can\u2019t figure out how a podcast could further sex discrimination HARDER. What this is supposed to mean eludes me, but it appears that this is going to get a lot uglier and peo- ple will be coming out of the woodwork to pile on vague accusations and baseless innuendo. As Jonathan Adler correctly noted on twitter, it may well be that Ian made the voluntary choice not to par- ticipate in the podcast and he wasn\u2019t removed was wrong to assume. This entry was posted in Uncategorized on December 1, 2018 [ care-ian-samuel/] by SHG. 15 thoughts on \u201cTake Care, Ian Samuel (Updated)\u201d Richard Kopf December 1, 2018 at 8:16 am 2/17/25, 2:54 Take Care, Ian Samuel (Updated) | Simple Justice 3/6 SHG, a horrible person like me might even extend the presumption of innocence to Trump. Alas suppose that goes too far.* All the best * It is times like this that remember Kafka and \u201cDer Process\u201d (the title of his famous book in the origi- nal German.) It reminds me of the old joke (not that there are too many of us who still enjoy old jokes), a conserva- tive is a liberal with a mortgage and a liberal is a conservative under indictment. Am still allowed to tell that joke? Beats me. What does due process look like? Never seen it in the real world December 1, 2018 at 8:54 am Post author ln propria persona December 2, 2018 at 2:29 pm We don\u2019t know what he\u2019s accused of, and it is very possible given so many Title policies that Ian doesn\u2019t know either. There are rumors. Law students talk, you know. But won\u2019t repeat rumors because they\u2019re rumors. Scott Jacobs December 1, 2018 at 10:12 am December 1, 2018 at 10:40 am Post author Holy crap! You actually admitted being wrong on Twitter? Is that even allowed? Having principles, that\u2019s so so \u2026 Reactionary 3 December 1, 2018 at 10:20 am 2/17/25, 2:54 Take Care, Ian Samuel (Updated) | Simple Justice 4/6 It happens when it happens December 1, 2018 at 10:40 am Post author Saying \u201che remains entitled to the presumption of innocence, even if he wouldn\u2019t be as generous with others\u201d strongly implies that Ian has failed to extend the presumption of innocence to others. Has Ian ever done so do not recall him arguing that Kavanaugh should be assumed guilty, for ex- ample. Nor do recall him ever assuming the guilt of one of his political opponents who had been ac- cused of misconduct. He may well have done so\u2014I\u2019ve only listened to First Mondays, not read or heard everything Ian\u2019s written or said\u2014but it would be well to point to an instance of it in a post that repeatedly implies that Ian rejects due process when convenient. Defensive people will pull out a line that touches a nerve, shove in some weasel words like \u201cstrongly implies,\u201d and then demand proof of it, while leaving himself a back door like \u201cHe may well have done so\u2014I\u2019ve only listened to First Mondays, not read or heard everything Ian\u2019s written or said\u201d so if his complaint is shown to be bullshit, he\u2019s got a built-in excuse. Are you defensive? This isn\u2019t a law review article with every sentence footnoted. This is a blog post, and that wasn\u2019t the point of the post. Feel free to read his twitstream if think the \u201cimplication\u201d is mistaken and show your evidence. I\u2019ve linked to it in the post for the convenience of lazy defensive people. I\u2019m sorry that my comment came off as defensive. On rereading agree that\u2019s how it sounds should have worded it better. It was, however, a genuine request for information didn\u2019t recall Ian ever ignor- ing the presumption of innocence, so was wondering if you did. But you\u2019re right can easily look into the question myself and should have done so hope you\u2019ll accept my apologies prawf friend of mine had done so in advance of my writing this post. Aside from Ian\u2019s general social justice tendencies, he\u2019s been all over the place on the issue of sexual assault, occasionally taking the \u201cbelieve the woman\u201d position and other times speaking to due process rights don\u2019t know what, if any, actual position he takes, which is why framed it as a possibility rather than a certainty. Alasdair December 1, 2018 at 11:53 pm December 2, 2018 at 5:47 am Post author Alasdair December 2, 2018 at 12:53 pm December 2, 2018 at 1:04 pm Post author 2/17/25, 2:54 Take Care, Ian Samuel (Updated) | Simple Justice 5/6 Comments are closed. Apology accepted. Understood and thanks. That doesn\u2019t surprise me about Ian. SHG, you seem to be assuming that \u201cbelieve the woman\u201d and due process rights are mutually exclu- sive \u2014 or at least on opposite sides of a teeter-totter just don\u2019t see things that way. Some people refer to \u201cbelieve the woman\u201d as an admonition to take complaints seriously. Others refer to it as a shifting of the burden of proof from the accuser to the accused. My position is believe the facts and the burden of proof is always on the accuser hope that clarifies whatever it is you\u2019re ask- ing, since don\u2019t see it that way\u201d isn\u2019t particularly informative. Alasdair December 2, 2018 at 1:13 pm MarinEric December 3, 2018 at 2:01 pm December 3, 2018 at 4:20 pm Post author Of course, the investigations against Samuel are very serious. However, I\u2019d like to note that he has been away from the show for some time due to the birth of his son, who was born seven weeks early December 4, 2018 at 5:29 pm 2/17/25, 2:54 Take Care, Ian Samuel (Updated) | Simple Justice 6/6", "8242_104.pdf": "Law Prof Who Exposed Big Law's Mandatory Arbitration Is Focus of Misconduct Probe Indiana University has launched a Title investigation into law professor Ian Samuel, who spurred a movement among women students headed to Big Law. December 03, 2018 at 12:05 3 minute read By Karen Sloan Ian Samuel. 2/17/25, 2:54 Law Prof Who Exposed Big Law's Mandatory Arbitration Is Focus of Misconduct Probe 1/11 The law professor who kicked off the student movement against mandatory arbitration is now the subject of a university misconduct investigation. Ian Samuel, who is in his first semester teaching at Indiana University Maurer School of Law and who is a co-host of the Supreme Court podcast First Mondays, has been placed on administrative leave while the university conducts a Title investigation, according to a Friday email to students from law dean Austen Parrish. Parrish did not offer any explanation for the investigation, and a university spokesman Monday did not respond to a request for clarification of the circumstances that prompted the investigation. The university did confirm the investigation to an Indiana affiliate Friday. Title prohibits discrimination on the basis of sex, and such investigations typically result from allegations of sexual harassment or sex-based misconduct. \u201cWe take Title allegations extremely seriously, and the University will conduct a full investigation and follow their process,\u201d Parrish wrote. Reached by phone Monday, Samuel hung up and did not respond to a subsequent message seeking comment about the investigation. Parrish's email to students said that Samuel and his wife had told the school that he had voluntarily checked himself into a hospital. Samuel, a former law clerk for Justice Antonin Scalia and associate at Jones Day, joined the Indiana law faculty this year after a stint as a lecturer at Harvard Law School. (He identifies himself as being on the political left, despite his and Scalia's conservative bona fides.) Samuel was lecturing at Harvard in the spring when he leaked a copy of the law firm Munger, Tolles & Olson's mandatory arbitration clause for summer associates via Twitter. That tweet spurred an outcry against the firm, which quickly backed off mandatory arbitration clauses. It also spawned a wider movement among 2/17/25, 2:54 Law Prof Who Exposed Big Law's Mandatory Arbitration Is Focus of Misconduct Probe 2/11 law students at schools across the country to push firms to disclose their use of such agreements and to drop them entirely. Samuel is also notable for his role with First Mondays, which dubs itself as an \u201centertaining podcast about SCOTUS.\u201d The podcast issued a message via Twitter that Samuel, \u201cwill be on a leave of absence from First Mondays while he tends to personal and family issues.\u201d University of California Irvine School of Law professor Leah Litman will step in to serve as co-host of the podcast in Samuel absence, alongside co-host Dan Epps, according to the message. When listeners asked for more detail, Epps and Litman issued a second statement in which they said they did not know the substance of the allegation against Samuel, but they take this situation very seriously.\u201d \u201cWe haven't spoken to Ian, but our expectation is that Ian will remain on leave from First Mondays at least as long as IU's investigation continues,\u201d reads the statement. \u201cWe understand he is currently seeking medical treatment and we hope he gets whatever help he needs.\u201d Samuel teaches civil procedure and cybersecurity, according to his profile on the law school's website. Parrish wrote that both he and professor Charles Geyh will write and grade the final exam for Samuel's civil procedure class. This content has been archived. It is available through our partners, LexisNexis\u00ae and Bloomberg Law. To view this content, please continue to their sites. Go To Lexis \u2192 Not a Lexis Subscriber? Subscribe Now Go To Bloomberg Law \u2192 Not a Bloomberg Law Subscriber? Subscribe Now 2/17/25, 2:54 Law Prof Who Exposed Big Law's Mandatory Arbitration Is Focus of Misconduct Probe 3/11 Why am seeing this \u00a9 2025 Global, LLC, All Rights Reserved. Request academic re-use from All other uses, submit a request to asset-and-logo-licensing@alm.com. For more information visit Asset & Logo Licensing. 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About Us Contact Us Site Map Asset & Logo Licensing Advertise With Us Customer Service Terms of Service Privacy Policy Copyright \u00a9 2025 Global, All Rights Reserved 2/17/25, 2:54 Law Prof Who Exposed Big Law's Mandatory Arbitration Is Focus of Misconduct Probe 11/11", "8242_105.pdf": "law professor resigns after Title investigation Michael Reschke The Herald-Times Published 5:00 p.m May 10, 2019 An Indiana University law professor involved in a Title investigation resigned Friday. Ian Samuel was an associate professor at IU\u2019s Maurer School of Law university spokesman acknowledged in November the investigation was based on an accusation against Samuel. The spokesman did not specify what the accusation was or how Samuel was involved, but a letter addressed to Indiana University Bloomington Provost Lauren Robel that was posted to Samuel\u2019s Twitter account offered some details. \u201cWell don\u2019t think I\u2019m breaching any confidences by saying that the allegations in this case describe me drinking to excess in a public place shouldn\u2019t have been, in company shouldn\u2019t have kept, and treating the people present in ways they didn\u2019t deserve,\u201d according to the letter. Samuel wrote the investigation is done now, and he planned to resign at the close of business Friday. He went on to say he was forgoing procedural rights that might preserve his job. The letter includes several lines of self reflection. Samuel credited the university\u2019s investigation with saving his life was becoming an ugly man, and needed nothing so much as a clean mirror and someone brave enough to make me look at it,\u201d according to the letter. \u201cWell, someone did, and they did it before my son got old enough to start feeling ashamed of his father.\u201d Samuel wrote that he hurt people and accepting responsibility means he must do something to spare those people from more harm. He wrote he was resigning, in part, to lessen the possibility those people would have to cross paths with him. \u201cWhat comes next don\u2019t know,\u201d according to the letter. \u201cWhat do know is that halfway through the journey of my life lost \u2014 through my own grievous fault \u2014 the straightforward 2/17/25, 2:54 law professor resigns after Title investigation 1/2 path, my sense of right and wrong. It behooves me now to take another road spokesman Chuck Carney provided the following statement regarding Samuel\u2019s resignation: \u201cEarlier in the academic year, the University received multiple reports alleging that Professor Ian Samuel had engaged in potential Title violations during the course of an evening after a law school event. \u201cFollowing the University\u2019s Title investigation, Professor Samuel resigned, effective at the end of the day May 10, and is no longer a faculty member at the Maurer School of Law or appreciates Professor Samuel\u2019s cooperation and acknowledgement of his misconduct.\u201d Samuel came to in 2018 from Harvard Law School, where he was a lecturer and a fellow in the first-year legal research and writing program. At he taught courses in civil procedure and security. He has been quoted in news outlets such as The Hill and BuzzFeed. In August, he appeared on the FoxNews show \u201cTucker Carlson Tonight.\u201d Title of the Education Amendments of 1972 is a federal civil rights law that prohibits discrimination on the basis of sex against any person in education programs and activities receiving federal funding. Title requires schools that receive federal financial assistance to take necessary steps to prevent sexual assault on their campuses, and to respond promptly and effectively when an assault is reported, according to IU\u2019s Office of Student Welfare and Title IX. 2/17/25, 2:54 law professor resigns after Title investigation 2/2"} |
7,807 | Robert Kurzban | University of Pennsylvania | [
"7807_101.pdf"
] | {"7807_101.pdf": "1655 Core of Agreement Donald Braman,\u2020 Dan M. Kahan,\u2020\u2020 & David A. Hoffman\u2021 We are deeply gratified by this exchange with Professors John Dar- ley, Paul Robinson, Owen Jones, and Robert Kurzban. We have bene- fited a great deal from their research, and this encounter only adds to our appreciation. Their work has always been exceptional in its devo- tion to empirical exploration and experimentation. We are grateful to them for taking the time to share their thoughts with us and with the readers of this journal. In responding, we are unsurprised to find that we are in agreement with quite a bit of what they have to say. Indeed, there is very little that we can find in the nuanced and learned account that John Darley individually presents that is incon- sistent with our conception of Punishment Realism. As we understand him, he also rejects most of what we found most objectionable in the accounts of Punishment Naturalism that we criticize. What one per- ceives to be right or wrong\u2014and precisely how right or wrong one perceives it to be\u2014will depend in large part on socialization, which can vary culturally. 1 Through this socialization process, individuals de- velop very speedy moral evaluations that are consistent with norms in their culture. 2 These rapid intuitions can, as he notes, be countered through conscious reflection and reasoning, 3 but this type of critical reflection is difficult to prompt, and our intuitions can be quite diffi- cult to revise. The cognitive mechanisms on which people draw to make moral assessments are highly uniform across individuals; but the content of those assessments varies across groups and within them over time as a result of local social influences. 4 Darley\u2019s is an account that we embrace as entirely consistent with Punishment Realism as we \u2020 Associate Professor of Law, The George Washington University Law School. \u2020\u2020 Elizabeth K. Dollard Professor of Law, Yale Law School. \u2021 Associate Professor of Law, Temple University Beasley School of Law. 1 John Darley, Realism on Change in Moral Intuitions, 77 Chi Rev 1643, 1652 (2010). 2 Id at 1643 (quoting our original article with approval on this point). 3 Id at 1644\u201345. 4 See, for example, id at 1652. 1656 The University of Chicago Law Review [77:1655 describe it\u2014indeed, it is an admirably sophisticated and clear concep- tion that improves our own understanding. We agree, too, with Paul Robinson, Owen Jones, and Robert Kurzban (\u201cRJK\u201d) in their insistence that the empirical evidence re- veals \u201cnot just disagreements about relative blameworthiness, but also about whether the conduct should even be criminal.\u201d 5 And we are heartened that, in their separate article, Jones and Kurzban share our \u201copposition to genetic determinism, [our] commitment to plasticity in human cognition, and a deep (in fact scientifically unavoidable) com- mitment to recognizing the crucial role that social environment plays in each individual\u2019s development of intuitions of justice.\u201d 6 But the core of our agreement with them has a clear and definite periphery. As now clearly explain, they used a method carefully designed to exclude from measurement any \u201caspects\u201d of \u201ccore\u201d of- fenses on which there is demographic or cultural disagreement. 7 Ac- cordingly, we simply disagree with them when they assert that their work has important implications for criminal law reformers. Here is what they say: What is the \u201ccore\u201d? [Braman, Kahan, and Hoffman (\u201cBKH\u201d)] suggest that its contours are quite vague and difficult to identify, but what constitutes the \u201ccore\u201d is not a matter of speculation or theory, or even of interpretation. It is a matter of empirics. The \u201ccore\u201d is, by definition, that on which there is high agreement across demographics, like that demonstrated in the agree- ment study. What cases are included in the core? Those cases on which there is high agreement across demographics. . . . What aspects of these offenses are included in the core seem to assume that we claim that all aspects, all cases, involving any of these offenses are part of the core, but this could hardly be the situation. Our research used factors upon which we judged there was high agreement. To the extent that one substi- tutes a factor on which there is disagreement, obviously the level of agreement on the relative seriousness of the case would have to decline. . . . . . . 5 Paul H. Robinson, Owen D. Jones, and Robert Kurzban, Realism, Punishment, and Reform, 77 Chi Rev 1611, 1619 (2010). 6 Owen D. Jones and Robert Kurzban, Intuitions of Punishment, 77 Chi Rev 1633, 1634 (2010). 7 Robinson, Jones, and Kurzban, 77 Chi Rev at 1616\u201317 (cited in note 5). 2010 Core of Agreement 1657 The point of C&C\u2019s Appendix is to show the reader just how we were able to construct the twenty-four scenarios on which our subjects had such high agreement: by relying upon, and only upon, principles that we knew were deeply embedded intuitions of near unanimity. . . . As you can imagine, we found the article quite difficult to understand, given its false assumptions about our claims. For ex- ample, it has an entire section showing disagreements in cases of deception in exchanges. Whether somebody is deceived in an ex- change obviously is a function of one\u2019s expectations about the terms of the exchange, and those expectations could be highly culturally dependent or, even within a culture, highly dependent on context. The case we used in the study was one of a store clerk shortchanging a customer. We used it precisely because it seemed to us that such shortchanging offered an example of a violation of a nearly universal expectation of this most common form of exchange, a purchase. 8 As we emphasized in our article\u2014and as now say is \u201cob- viously\u201d correct\u2014people of diverse identities (within and across socie- ties) are intensely divided about whether certain conspicuous, recur- ring forms of behavior count as instances of the offenses that punish core criminal wrongdoing. 9 In the United States, for example, there are intense cultural divisions on whether battered women who kill their husbands in their sleep, or \u201ctrue men\u201d who stand their ground and kill attackers when they could easily flee, are murderers; 10 whether male college students (and others) who persist in engaging in intercourse with a woman who repeatedly and emphatically objects are rapists; 11 and whether squatters have property rights 12 or digital versions of songs can be shared among friends. 13 8 Id at 1616\u201318. 9 Id at 1621 pose various empirical \u201cchallenges\u201d to us, see id at 1622\u201323, but those have no connection to the only empirical point we are making: there is significant cultural variation, and resulting political conflict, over what count as instances of offense types in- cluded in the core. We stand by the evidence in our article on that. See Donald Braman, Dan M. Kahan, and David A. Hoffman, Some Realism about Punishment Naturalism, 77 Chi Rev 1531, 1566\u201392 (2010). 10 See Braman, Kahan, and Hoffman, 77 Chi Rev at 1581\u201392 (cited in note 9). 11 Id at 1574\u201375. 12 See generally Lee Anne Fennell, Efficient Trespass: The Case for \u201cBad Faith\u201d Adverse Possession, 100 Nw Rev 1037 (2006). 13 See Alain d\u2019Astous, Fran\u00e7ois Colbert, and Daniel Montpetit, Music Piracy on the Web: How Effective Are Anti-piracy Arguments? Evidence from the Theory of Planned Behaviour, 28 Consumer Policy 289, 305\u201307 (2005). 1658 The University of Chicago Law Review [77:1655 unconvincingly try to deflect this argument by suggesting that the work we rely on shows the influence of cultural variation only in \u201cjustificatory norms\u201d as opposed to \u201cprohibitory\u201d ones. 14 But as the work of Mark Alicke has shown, people tend to conform their percep- tions of the various components of culpable behavior\u2014such as voli- tion, action, causation, and harm\u2014to social norms extrinsic to those concepts. 15 It follows that people with different norms, even when they agree about what conduct is morally blameworthy (or otherwise wor- thy of \u201cprohibition\u201d) generally, will systematically disagree about what counts as an instance of that conduct. Our work on cultural cognition seeks to identify the particular norms that make the most conspicuous contribution to this form of motivated perception and hence to the highly politicized disputes we see in law and society generally over who should be blamed for wrongdoing and when. 16 RJK\u2019s \u201ccore\u201d definitely measures something on which diverse people agree. But because their methods deliberately exclude from the specification of \u201ccore\u201d offense types precisely those \u201caspects\u201d of them that provoke cultural dispute about what counts as murder, rape, and fraud, the construct they measure cannot predict or explain who sees what as wrong (indeed, criminally wrong) and why in the real world. For the same reason, what they are measuring when they find a \u201ccore\u201d of agreement has no normative or prescriptive consequence. Whether the fact of \u201ca high level of agreement\u201d is treated as evidence of an act\u2019s wrongfulness or simply recognized as a political constraint 14 Robinson, Jones, and Kurzban, 77 Chi Rev at 1620 (cited in note 5). 15 See generally Mark D. Alicke, Culpable Causation, 63 Personality & Soc Psych 368 (1992); Mark D. Alicke, Culpable Control and the Psychology of Blame, 126 Psych Bull 556 (2000). 16 See, for example, Dan M. Kahan, David A. Hoffman, and Donald Braman, Whose Eyes Are You Going to Believe? Scott v. Harris and the Perils of Cognitive Illiberalism, 122 Harv Rev 837, 879\u201380 (2009) (identifying values that generate systematic disagreement about the culpabili- ty of a driver seeking to evade police in a high-speed chase); Dan M. Kahan and Donald Bra- man, The Self-Defensive Cognition of Self-Defense, 45 Am Crim Rev 1, 44\u201346 (2008) (identify- ing how values shape perceptions of intent and other facts relevant to determining liability for homicide); Dan M. Kahan, Culture, Cognition, and Consent: Who Perceives What, and Why, in Acquaintance Rape Cases, 158 Pa Rev 729, 793\u201395 (2010) (identifying values that motivate different groups to perceive use of force or intimidation and lack of consent in sexual assault cases); Donald Braman, Dan M. Kahan, and John Gastil Cultural Critique of Gun Litigation, in Timothy D. Lytton, ed, Suing the Gun Industry 105, 108\u201315 (Michigan 2005) (describing the role of varied perceptions of causation in shaping intuitions about harms underlying litigation against the gun industry). In a paper coauthored with Avani Mehta Sood, Darley, too, has recent- ly examined the role that motivated reasoning plays in generating disagreements about harm among persons with different values. See Avani Mehta Sood and John M. Darley, The Plasticity of Harm: An Experimental Demonstration of the Malleability of Judgments in the Service of Crim- inalization *15\u201319 (unpublished manuscript, July 2010) online at =1641022 (visited Oct 24, 2010). We thank John Mikhail for bringing our attention to this during his exceptionally enlightening seminar. 2010 Core of Agreement 1659 on the possibility of reform, 17 the fact remains that the kind of \u201cagree- ment measure lacks sufficient connection to live controversies to matter in either of these ways. The admonition that one should not undertake reform in any area where there is \u201cconsensus\u201d (regardless of whether it involves murder, rape, torture, theft, fraud, or anything else) is simply beside the point, because there is not consensus on the sorts of issues that are at the practical core of efforts to evaluate and reform criminal law in American society. 18 We agree, in short, that are talking about something other than what we and many other academic and political commentators are talking about. The whole point of our article was to make this un- mistakably clear, lest anyone think that Punishment Naturalism sup- plies a reason either to doubt the reality of profound political conflict over the content of the criminal law in our society or to resist particu- lar positions about how that conflict should be resolved. We are glad that acknowledge this point. Still, in response to their bafflement about why it would even seem necessary for us to make it, we note that the response itself risks perpetuating the sort of overreading of their work that we warned against. To rebut the charge of conservatism insist that their \u201cpro- gram is designed to give reformers tools for more effective reform.\u201d 19 These \u201ctools\u201d consist of pieces of advice such as \u201cit may often be unwise to invest limited reform resources on trying to change intuitions of jus- tice that will be difficult to change,\u201d 20 and \u201cwhen developing a program to change people\u2019s intuitions of justice, it will often be a better invest- ment to harness people\u2019s core intuitions of justice rather than fight them.\u201d 21 But to whom exactly are they addressing this prudential coun- sel? Presumably it cannot be anyone, for example, who is currently pro- posing reforms relating to \u201caspects\u201d 22 of murder, rape, and theft on which there is cultural dissensus, for insist there is nothing in their research that speaks to such issues. Yet, in fact, they proceed to draw a \u201cconclusion\u201d from their work for those who want to reform rape law to combat the contested norm that \u201cno means yes\u201d: avoid a \u201cstrict liabili- ty\u201d standard lest the conflict between law and \u201cinternalized norms\u201d cause \u201cdefendants . . . [to] be seen as blameless\u201d and vitiate the \u201cmoral credibility\u201d of law generally. 23 Can they really be surprised if readers 17 Robinson, Jones, and Kurzban, 77 Chi Rev at 1613 (cited in note 5). 18 See Braman, Kahan, and Hoffman, 77 Chi Rev at 1534\u201336 (cited in note 9). 19 Robinson, Jones, and Kurzban, 77 Chi Rev at 1628 (cited in note 5). 20 Id. 21 Id. 22 Id at 1617. 23 Robinson, Jones, and Kurzban, 77 Chi Rev at 1629 (cited in note 5). 1660 The University of Chicago Law Review [77:1655 (and not just us, as we pointed out in our article 24) see their work as evincing resistance to reform on culturally disputed issues when they themselves read their work that way? But we will not dwell on the possibilities for misunderstanding that persist. Instead, let us offer our own advice to would-be reformers of the criminal law. First and foremost, contemporary debates in criminal law are characterized by dissensus over what deserves\u2014and what should comprise\u2014punishment. If you are involved in such a debate over tor- ture, rape, self-defense, intellectual property, eminent domain, con- sumer fraud protection, or any other contentious legal issue, if you are an advocate for reform, or if you feel the law is unjust, you should be utterly undissuaded from attempting to reform the law by any notion that the content of the current law reflects a universal or innate intui- tion about justice. Second, any attempt at legal reform is likely to be quite difficult and culturally fraught. The difficulty, however, has little to do with an innate \u201cmoral organ,\u201d 25 and everything to do with the cultural signifi- cance that those on both sides of the debate invest in the law. Recog- nition of the unavoidable connection between the law\u2019s position in such conflicts and the status of contested visions of the good life should make you circumspect about the prospects of reform. It should also make you anxious when assessing the proper scope for norm shaping in a liberal society and intent on discovering means for avoid- ing cultural domination and accommodating difference. Third, and finally, nothing about the innate structure of our minds will absolve you of the hard work of determining what should popu- late the categories of offenses that we condemn and punish, or assess- ing what the law will convey about the status of the communities to which it speaks. Intuition is often a poor guide for understanding the motivation and reasoning of those who oppose the social reordering you desire. Understanding and overcoming opposition in culturally contested battles over the law is profoundly difficult work, but it is also deeply important work. 24 See Braman, Kahan, and Hoffman, 77 Chi Rev at 1602\u201304 (cited in note 9). 25 See id at 1539\u201340."} |
8,404 | Brice Knapp | Garden City Community College | [
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] | {"8404_101.pdf": "attorney confirms college probes J. Levi Burnfin,Josh Harbour lburnfin@gctelegram.com Published 12:17 a.m April 12, 2018 Garden City Community College attorney Randy Grisell on Wednesday confirmed that the college conducted three separate investigations \u2014 spanning from March 2015 to March 2018 \u2014 surrounding the cheerleading program and its former coach Brice Knapp, who resigned suddenly on March 29, just days before the college competed in a national cheerleading event. The comments from Grisell came the morning after three people made allegations against Knapp during the public comment portion of Tuesday night\u2019s Board of Trustees meeting. Toni Douglass, the wife of former Broncbuster Athletic Association president Mark Douglass; Aaron Kucharik, a Endowment Association member; and Eleanor Everett, the mother of former cheerleader Liz Everett, all said they had seen letters written by former cheerleaders citing concerns they had with Knapp. Those concerns included allegations of sexual harassment, according to Douglass. Knapp has not returned multiple phone and text messages seeking comment since his March 29 resignation. One of the letters referenced in the meeting, and previously obtained by The Telegram, claims that \u201cincidents\u201d regarding Knapp were \u201cpreviously documented with the Human Resource office in 2015.\u201d Need a break? Play the Daily Crossword Puzzle. Grisell said an investigation was conducted in March 2015, but he didn't elaborate on what circumstances prompted the investigation. Grisell said he had not seen any written complaint from that time period. 2/17/25, 2:55 attorney confirms college probes 1/3 \u201cUsually, a complaint of sexual harassment requires a written complaint, but we would investigate even if there was a verbal complaint,\u201d Grisell said of the March 2015 investigation. \u201cThere was an investigation, so obviously somebody must have had a concern. There were interviews conducted by administrative staff (regarding) concerns.\u201d Grisell said he would not disclose the outcome of the investigation or any potential discipline, \u201cif any was imposed letter \u2014 which was referenced by Kucharik in Tuesday\u2019s meeting and also was previously obtained by The Telegram \u2014 states that a photo of five cheerleaders baring their butts in a window was taken by Knapp in March 2015. The letter states that the photo, a copy of which also was previously obtained by The Telegram, was taken at a Wichita hotel the team stayed at on its way to the Region championships at Allen County Community College. Grisell said that the college learned of the photo in June 2017, when a complaint was submitted to the college. Two cheerleaders who say they are in the photo \u2014 Yanira Ruiz and Myranda Ortiz \u2014 say Knapp took the photo. \u201cThere was a complaint or concern submitted to the college in it looks like June (2017), and upon receiving the concern, the college investigated the matter, and it was addressed with the employee,\u201d Grisell said third investigation was conducted after the college received a letter \u201cfrom the parent of a former student and cheerleader\u201d in February 2018, Grisell said. He said Human Resources was \u201cprimarily responsible for the investigation, with assistance from college counsel also brought in Beverly G. Temaat, the vice president of student affairs and risk management at Dodge City Community College to \u201cindependently investigate the allegations made in the parent letter, and two subsequent letters from students,\u201d Grisell said. When reached previously by telephone on April 5, Temaat declined to comment and referred questions back to GCCC. After \u201cseveral days\u201d of interviews, the college determined that Knapp would not be allowed to travel to the National Cheer Association championship in Daytona Beach, Fla., April 3 to 7, Grisell said. 2/17/25, 2:55 attorney confirms college probes 2/3 \u201cAt that point in time, no decision had been made concerning Mr. Knapp\u2019s future employment with the college,\u201d Grisell said. Knapp\u2019s resignation was announced by the college on March 29, and then at the next Board of Trustees meeting, which was Tuesday, Toni Douglass, Kucharik and Eleanor Everett voiced their concerns. None of the three speakers mentioned Knapp by name due to Trustee bylaws banning discussion of personnel in the public comment portion of the meeting, but all three confirmed to The Telegram they were referencing Knapp, who coached at from April 2014 to March 29. After the meeting, Trustees Steve Martinez, Terri Worf, Blake Wasinger and Jeff Crist declined to comment to The Telegram regarding the allegations against Knapp Athletic Director John Green has not returned calls seeking comment, and college President Herb Swender has declined to comment on Knapp's resignation. Trustee Leonard Hitz has said he had knowledge of complaints regarding Knapp as early as January, and had seen several letters detailing allegations against Knapp. Contact J. Levi Burnfin at lburnfin@gctelegram.com and Josh Harbour at jharbour@gctelegram.com. 2/17/25, 2:55 attorney confirms college probes 3/3", "8404_102.pdf": "From Casetext: Smarter Legal Research Douglass v. Garden City Cmty. Coll. United States District Court, District of Kansas Jan 23, 2023 652 F. Supp. 3d 1329 (D. Kan. 2023) Copy Citation Download Check Treatment Delegate legal research to CoCounsel, your new legal assistant. Try CoCounsel free No. 20-2076 2023-01-23 Antonia and Elizabeth Everett, Plaintiffs, v COLLEGE, et al., Defendants. Sarah A. Brown, Brown & Curry, LLC, Kansas City, MO, Jean Lamfers, Lamfers & Associates, LC, Kansas City, MO, for Plaintiffs. Alan L. Rupe, Jeremy K. Schrag, Lewis Brisbois Bisgaard & Smith, LLP, Wichita, KS, Mallory N. McDonald, Haley Ann Phillips, Karly Dorann Weigel, Lewis Sign In Search all cases and statutes... Opinion Case details 2/17/25, 2:55 Douglass v. Garden City Cmty. Coll., 652 F. Supp. 3d 1329 | Casetext Search + Citator 1/38 H. VRATIL, United States District Judge Brisbois Bisgaard & Smith, LLP, Kansas City, MO, for Defendants Garden City Community College, Rodney Dozier, Merilyn Douglass, Blake Wasinger, Jeff Crist, Steve Martinez, Teri Worf, Brice Knapp. Alan L. Rupe, Jeremy K. Schrag, Lewis Brisbois Bisgaard & Smith, LLP, Wichita, KS, Mallory N. McDonald, Haley Ann Phillips, Karly Dorann Weigel, Lewis Brisbois Bisgaard & Smith, LLP, Kansas City, MO, Ronald P. Pope, Ralston, Pope & Diehl LLC, Topeka, KS, for Defendant Herbert J. Swender. *1337 1337 Sarah A. Brown, Brown & Curry, LLC, Kansas City, MO, Jean Lamfers, Lamfers & Associates, LC, Kansas City, MO, for Plaintiffs. Alan L. Rupe, Jeremy K. Schrag, Lewis Brisbois Bisgaard & Smith, LLP, Wichita, KS, Mallory N. McDonald, Haley Ann Phillips, Karly Dorann Weigel, Lewis Brisbois Bisgaard & Smith, LLP, Kansas City, MO, for Defendants Garden City Community College, Rodney Dozier, Merilyn Douglass, Blake Wasinger, Jeff Crist, Steve Martinez, Teri Worf, Brice Knapp. Alan L. Rupe, Jeremy K. Schrag, Lewis Brisbois Bisgaard & Smith, LLP, Wichita, KS, Mallory N. McDonald, Haley Ann Phillips, Karly Dorann Weigel, Lewis Brisbois Bisgaard & Smith, LLP, Kansas City, MO, Ronald P. Pope, Ralston, Pope & Diehl LLC, Topeka, KS, for Defendant Herbert J. Swender H. VRATIL, United States District Judge Antonia Douglass filed suit against Garden City Community College (\"GCCC\") and Herbert J. Swender, Rodney Dozier, Merilyn Douglass, Blake Wasinger, Jeff Crist, Steve Martinez, Teri Worf and Brice Knapp in their individual capacities defendants\"). Plaintiff alleges retaliation under Title IX, 20 U.S.C. \u00a7 1681 et seq., and violations of federal civil rights under the First and Fourteenth Amendments, U.S. Const. amends and XIV, and 42 U.S.C. \u00a7 1983. Pretrial Order (Doc. #224) filed September 22, 2022. This matter is before the Court on Garden City Community College Defendants' Motion For Summary Judgment Against Plaintiff Antonia 2/17/25, 2:55 Douglass v. Garden City Cmty. Coll., 652 F. Supp. 3d 1329 | Casetext Search + Citator 2/38 Douglass (Doc. #268) filed November 16, 2022. For reasons stated below, the Court sustains defendants' motion in part. Legal Standard Summary judgment is appropriate if the pleadings, depositions, answers to interrogatories and admissions on file, together *1338 1338 with the affidavits, if any, show no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. See Fed. R. Civ. P. 56(c); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Hill v. Allstate Ins. Co., 479 F.3d 735, 740 (10th Cir. 2007 factual dispute is \"material\" only if it \"might affect the outcome of the suit under the governing law.\" Liberty Lobby, 477 U.S. at 248, 106 S.Ct. 2505 \"genuine\" factual dispute requires more than a mere scintilla of evidence in support of a party's position. Id. at 252, 106 S.Ct. 2505. The moving party bears the initial burden of showing the absence of any genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Nahno-Lopez v. Houser, 625 F.3d 1279, 1283 (10th Cir. 2010). Once the moving party meets the initial burden, the burden shifts to the nonmoving party to demonstrate that genuine issues remain for trial as to those dispositive matters for which she carries the burden of proof. Applied Genetics Int'l, Inc. v. First Affiliated Sec., Inc., 912 F.2d 1238, 1241 (10th Cir. 1990); see also Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). To carry her burden, the nonmoving party may not rest on her pleadings but must instead set forth specific facts supported by competent evidence. Nahno- Lopez, 625 F.3d at 1283. The Court views the record in the light most favorable to the nonmoving party. Deepwater Invs., Ltd. v. Jackson Hole Ski Corp., 938 F.2d 1105, 1110 (10th Cir. 1991). It may grant summary judgment if the nonmoving party's evidence is merely colorable or is not significantly probative. Liberty Lobby, 477 U.S. at 250-51, 106 S.Ct. 2505. In response to a motion for summary judgment, a party cannot rely on ignorance of facts, speculation or suspicion 2/17/25, 2:55 Douglass v. Garden City Cmty. Coll., 652 F. Supp. 3d 1329 | Casetext Search + Citator 3/38 and may not escape summary judgment in the mere hope that something will turn up at trial. Conaway v. Smith, 853 F.2d 789, 794 (10th Cir. 1988). The heart of the inquiry is \"whether the evidence presents a sufficient disagreement to require submission to the jury or whether it is so one-sided that one party must prevail as a matter of law.\" Liberty Lobby, 477 U.S. at 251-52, 106 S.Ct. 2505. Factual Background The following facts are uncontroverted or viewed in a light most favorable to plaintiff, the nonmoving party is a community college in Garden City, Kansas, which receives federal financial assistance. Herb Swender was President from January of 2011 until he resigned in August of 2018. From April of 2014 through March 29, 2018, Brice Knapp was cheerleading coach. Rodney Dozier is Chief of Police for the Police Department. Blake Wasinger, Jeff Crist, Steven Martinez, Teri Worf and Merilyn Douglass were Trustees during 2017 and 2018 Board And Policies Trustees follow the \"Carver Model\" of policy governance: they supervise the President and leave administrative matters to the discretion of the President, the ultimate decision maker. GCCC's Trustees do not focus on day-to-day operations. In accordance with this model, the President sends weekly updates to Trustees. Although the Board of Trustees could challenge the President's Title decisions, it delegated all authority to the President. The Student Handbook stated as follows: \"Any person believing that he or she has been subject to unlawful harassment, as set forth in this policy, should utilize the Discrimination or Harassment Complaint Procedure, as found in the Student *1339 1339 Handbook.\" Ex. E, Student Handbook (Doc. #215-5) at 10. That procedure did not actually appear, however, in the 2017-2018 Student Handbook. The 2/17/25, 2:55 Douglass v. Garden City Cmty. Coll., 652 F. Supp. 3d 1329 | Casetext Search + Citator 4/38 Student Handbook referred to Section 106.8 of Title for investigation procedures. Until Congress amended Section 106.8 in May of 2020, the regulation directed recipients to adopt and publish Title procedures to resolve student and employee complaints. From 2016 to 2018, Melanie Hands and Colin Lamb were Title investigators. During this time, before he became President in January of 2019, Ryan Ruda was a Title coordinator, investigator, Vice President of Student Services and Dean of Student Services. Coach Knapp testified repeatedly that he did not remember receiving training for sexual harassment, discrimination or Title generally. He was not aware that had a Title coordinator or investigator. Emily Clouse, Director of Human Resources, did not recall receiving Title training. John Green, Athletic Director, never read Title policies and procedures and never investigated a Title complaint. Title Complaints Between 2015 and April of 2018 received more than a dozen complaints about Knapp and other Title concerns at GCCC. For more than 25 years, plaintiff has been an active participant in programs and events, a host mom for student athletes, a volunteer for the Endowment Association and a booster for the Broncbusters Athletic Association, an athletic fundraising organization. Starting in 2017, individuals began to share concerns with plaintiff about past and ongoing treatment of female students at GCCC\u2014in particular, Knapp's inappropriate behavior toward female cheer squad members. Plaintiff privately reached out to administrators and encouraged students, parents and others to report their Title concerns to through appropriate channels. She also offered to deliver their messages to the Board of Trustees (\"the Board\") to substantiate the depth and breadth of the problems. When administrators and the Trustees failed to act, plaintiff came to believe that that was intentionally scuttling any complaints. Plaintiff was an ally for Title reporters on campus. On February 23, 2018, cheer student Elizabeth Everett texted plaintiff that she needed help because she felt uncomfortable and intimidated in a meeting with Athletic 2/17/25, 2:55 Douglass v. Garden City Cmty. Coll., 652 F. Supp. 3d 1329 | Casetext Search + Citator 5/38 Director Green, Knapp and a male cheer student whom Everett had reported to Green and Knapp. Specifically, Everett had reported that the male cheer student had blackmailed her for sex. Plaintiff drove to campus and pulled Everett from the meeting. Plaintiff did not feel comfortable after seeing Everett \"curled up in a chair\" with \"four men in [the] room staring at her.\" Exhibit 18 (Doc. 274-16) at 35:21-36:1. After the meeting, plaintiff began contacting other cheerleaders and parents to collect statements about their Title concerns. On March 26, 2018, President Swender emailed the Trustees, Randy Grisell counsel) and Director Clouse, stating that he had retained Bev Temaat, the Title Coordinator for Dodge City Community College, to investigate the cheer student complaints. Temaat was not trained as an investigator. Swender asked Temaat to assist with the investigation because he had determined that Ruda and Lamb, who served as Title coordinators and investigators, might have personal conflicts of interest. At the beginning of her investigation, Temaat did not believe that Knapp or the cheerleader complaints were the focus of her fact-finding mission. Temaat believed that Swender had asked her to determine whether needed Title investigations. *1340 1340 Temaat made three visits to GCCC. The first was to meet with Swender and Grisell. The second was to meet with Director Clouse. After the second meeting, Temaat told Swender that had complex and greatly expanding Title issues. In April of 2018, Temaat informed Swender and Grisell that she had completed her work and identified at least four or five Title situations that warranted immediate investigation by a team of investigators. Temaat did not conduct a Title investigation or complete any reports and felt misled regarding her role at GCCC. Clouse testified that Temaat completed a Title report, but Temaat insisted that she never conducted a Title investigation and that she clearly informed Swender, Grisell and Clouse that she was not a Title investigator and was not conducting a Title investigation. 2/17/25, 2:55 Douglass v. Garden City Cmty. Coll., 652 F. Supp. 3d 1329 | Casetext Search + Citator 6/38 On April 10, 2018, plaintiff spoke at a Board meeting regarding her concerns with the cheer program, Knapp and GCCC's response to Tile reports. Plaintiff also gave the Board several letters from concerned students and parents. Plaintiff continued to attend Board meetings to follow the response to these complaints. No Trespass Notice On April 18, 2018, plaintiff attempted to speak about Title issues with Leslie Wenzel, Director of Student Success. Plaintiff told Wenzel that they needed to discuss Title issues in the cheer program. Wenzel responded that she would not talk to plaintiff and walked out of the room. Roger Ratliff, a booster for the Broncbusters Athletic Association, and plaintiff's husband were present for this interaction On April 19, 2018, Wenzel reported to Campus Police Chief Dozier that plaintiff had harassed her. Wenzel reported that she felt intimidated and that she wanted to do her job without fear of future harassment. Dozier documented the interview. Wenzel identified other people for Dozier to contact regarding plaintiff's behavior. On April 19, 2018, Wenzel submitted a written report to Clouse. On April 24, 2018, Dozier interviewed Kristi Tempel Director of Public Relations, regarding the encounter between Wenzel and plaintiff. Tempel described plaintiff's tone as \"disruptive ... aggressive and inappropriate.\" Exhibit (Doc. #270-24). Tempel was not in the room during the encounter, however, but in the room next to it. The same day, Dozier contacted athletic association booster Ratliff about the incident. Ratliff reported that plaintiff's behavior was \"uncalled for\" but not harassing. Exhibit 86 (Doc. #274-60) at 4. Dozier did not interview plaintiff or her husband, both of whom testified that plaintiff did not harass Wenzel during the conversation on April 18, 2018. On April 25, 2018, Dozier issued a no trespass notice (the \"Notice\") against plaintiff. Before issuing the Notice, Dozier consulted Clouse and Grisell. Dozier directed plaintiff to contact Grisell with any questions about the Notice. Swender received a copy of the Notice and that same day 2/17/25, 2:55 Douglass v. Garden City Cmty. Coll., 652 F. Supp. 3d 1329 | Casetext Search + Citator 7/38 Director Tempel emailed to Swender plaintiff's arrest record from an unrelated incident in February of 2017. This was the first time had issued a no trespass notice to a community member. The Notice did not include an expiration date or information regarding an appeal process. The Notice prevented plaintiff from entering the campus or attending GCCC-sponsored events but did not otherwise impose restrictions on plaintiff. After receiving the Notice, plaintiff told Trustee Merilyn Douglass, her sister-in-law, that she believed the Notice was retaliation for her Title report on April 10, *1341 1341 2018. Plaintiff told Douglass that she wanted to investigate the Notice and rescind it immediately. On April 26, 2018, plaintiff's counsel contacted Grisell to challenge the Notice. Plaintiff's counsel asked Swender to rescind the Notice, but he refused to do so and the Trustees acquiesced in his decision. Plaintiff continued to challenge the Notice through her counsel through at least May 18, 2018, but Swender did not rescind the Notice. On April 25, 2018, plaintiff asked the Trustees to rescind the Notice and investigate her complaint of retaliation, but they refused and told plaintiff that it was up to Swender to enforce or revoke the Notice because they had delegated the decision to Swender under the Carver Model of governance. Other than redirecting plaintiff to Swender with any complaints, the Trustees did not have any involvement with the Notice While the Notice remained in effect permitted plaintiff to attend all Board meetings, which she did. For example, on May 8, 2018, plaintiff attended a Board meeting where other Title reporters, such as cheer student mother Eleanor Everett, brought their concerns to the Board. Plaintiff also asked to attend graduation on campus and approved this request. The Notice made it difficult for plaintiff to help students, however, and she could not attend various social events with friends. For example, on May 3, 2018, a student called plaintiff and asked for help 2/17/25, 2:55 Douglass v. Garden City Cmty. Coll., 652 F. Supp. 3d 1329 | Casetext Search + Citator 8/38 because detectives were questioning her. Plaintiff could not help because the student was in on-campus housing. While the Notice was in effect, however, plaintiff spoke with Title investigators Ruda and Lamb \"on a regular basis.\" She did so until August of 2018. Exhibit 81 (Doc. #274-55) at 7. Plaintiff could also text, call or email any student or employee. On May 4, 2018, over the objection of several employees, Dozier advised the police that he had lifted the Notice. Exhibit (Doc. #270-29). Grisell continued to contact plaintiff's counsel about the Notice, however, until at least May 18, 2018, and during these conversations, Grisell represented that the Notice remained in effect. On July 27, 2018, Grisell emailed plaintiff's counsel and stated as follows: \"Please be apprised that the [Notice] issued against [plaintiff] is rescinded as of July 27, 2018.\" Exhibit (Doc. #270-30) at 2. The Goheen Report On May 8, 2018, the Faculty Senate drafted a document titled Call for Immediate and Effective Action by the Board of Trustees of Garden City Community College\" (\"Call for Action\"). Knapp had resigned on March 29, 2018, but the Call for Action raised Title concerns about him. On or around May 16, 2018, the Board issued a statement acknowledging Title complaints and stating that it was retaining an independent investigator. The next month, on June 12, 2018, the Board retained Greg Goheen, an attorney, to conduct an independent investigation. Goheen investigated the allegations in the \"Call for Action\" and issued a report on his findings (the \"Goheen Report\"). Plaintiff generally alleges that the Goheen Report was deficient and that Goheen had minimized her Title report in an effort to discredit her. For example, the Goheen Report does not detail the Title report which plaintiff made on April 10, 2018. The Goheen Report also repeated a rumor that plaintiff had had sexual relationships with student athletes at GCCC. Plaintiff first heard about this rumor from faculty member Holly Chandler. According to Chandler, Trustee Martinez told her about the rumor at a Board meeting on April 10, 2018\u2014the same meeting in 2/17/25, 2:55 Douglass v. Garden City Cmty. Coll., 652 F. Supp. 3d 1329 | Casetext Search + Citator 9/38 *1342 1342 which plaintiff had expressed her concerns with the cheer program, Knapp and GCCC's response to Title reports. Martinez told plaintiff that Swender had started the rumor. The Goheen Report also included a statement by Ruda that he had heard Swender spread this rumor about plaintiff. The Goheen Report addressed the rumor and stated as follows: \"Dr. Swender is alleged to have told Steve Martinez that [plaintiff] was sleeping with student athletes. [Plaintiff] denies that she slept with any college student athletes. Mr. Martinez stated that Dr. Swender never talked about [plaintiff] in a negative way to him.\" Exhibit 8 (Doc. #274-8) at 29. At a Board meeting in January of 2019, when the Trustees considered the findings in the Goheen Report, Martinez admitted spreading the rumor but denied saying that Swender had started it. During the public comment session, at the same meeting in January of 2019, Chief Dozier spoke about his personal complaints regarding plaintiff. Specifically, Dozier was upset because he had learned that plaintiff had filed a complaint against him, alleging that he had not adequately investigated Wenzel's complaint of harassment before issuing the Notice. During this time, Dozier was visibly upset, spoke aggressively and turned around to point at plaintiff. At the end of that meeting and over several objections, the Board voted to adopt the Goheen Report. Eight Board members voted to adopt the report and two Board members voted against it. The Board had increased security to manage the public at Board meetings, but Wasinger and other Trustees were concerned that the public comment sessions were too unruly. In February of 2019, the Board therefore voted to close the public comment sessions of its meetings. According to Wasinger, they always intended to reopen the sessions but wanted time to reset and refocus. Exhibit 63 (Doc. #274-43) at 248. The Trustees remained available to the public \"24/7.\" Id. The Board reopened the public comment sessions in September of 2019. Board Meetings In June of 2020 2/17/25, 2:55 Douglass v. Garden City Cmty. Coll., 652 F. Supp. 3d 1329 | Casetext Search + Citator 10/38 Before a Board meeting on June 8, 2020, Ruda sent employees a memorandum explaining that because of the number of claims filed against GCCC, it was now in the \"high risk category\" for liability insurance. As result was subject to an additional $494,000 for liability insurance. Ruda's memo named the plaintiffs with pending suits against GCCC. Specifically, he stated as follows: \"With the claims of Hoke, Bradforth, Douglass, Kucharik, Tiamalu and Sophia Hernandez, our anticipated losses are exceeding our premium.\" Exhibit 35 (Doc. #274-25) at 2 (emphasis added). Because of the additional expense, Ruda recommended that leave 11 positions vacant to pay the insurance premium.1 1 It is not clear when or how the Board approved Ruda's recommendation, but after review of the Board meetings in June of 2020, the Board either approved Ruda's recommendation or ratified his decision at some point during that time ultimately chose to leave those 11 positions vacant to pay the insurance premium. Ruda had informed Wasinger about the insurance budget issue before the Board meeting on June 9, 2020, and Wasinger planned comments for the Board meeting. At the meeting on June 9, 2020, Wasinger stated as follows know you kind of sent some preliminary data on that, and I'm actually glad you brought it up. You know, Ryan kind of held my tongue a year ago or two years ago when we were a different board sitting there.... But these claims or these lawsuits or whatever might entail from it, weren't going after *1343 1343 the college money, weren't going after the owner's money. You know, it was the carrier's money. And held my tongue, because obviously we don't know what's what would entail by it, but we all know how insurance works. And mean, the truth of it is, is increased claims the insurance carrier is going to, they're going to recoup their losses by deductibles and premiums. So, you know, with more, obviously more, information, you know, personally, that statement of not taking owners' money is completely false. They are taking owners' money. They're affecting everyone in this room. 2/17/25, 2:55 Douglass v. Garden City Cmty. Coll., 652 F. Supp. 3d 1329 | Casetext Search + Citator 11/38 Everyone in administration, faculty, staff. They're affecting every student and every community member, whether ... indirectly or ... directly. And know there's a lot of factors and I'm again, I'm not playing victim, but ... [w]e're not an institution that just has bottomless pockets. And, of course, I'm frustrated. You know, I'd like to see resolve on these things. The sooner the better, if that's the case. Exhibit (Doc. #217-14). Wasinger made similar comments at the Board meeting on June 25, 2020 and Douglass made similar comments at both meetings. The comments did not expressly name plaintiff, but did address people with pending suits against GCCC, which included plaintiff. Faculty member Chandler testified that as a civil litigant with claims against GCCC, these comments intimidated her. Plaintiff believes the Trustees intended to intimidate her with their comments. 2 2 Although not clear from the record, Wasinger and Douglass were likely referring to this suit, which plaintiff had filed four months before the meetings in June of 2020. Procedural History On February 2, 2020, plaintiff filed this action. Under 42 \u00a7 1983, plaintiff claimed that the defendants (1) retaliated against her for reporting Title concerns and supporting Title victims, in violation of the First Amendment and (2) conspired to do so. Plaintiff further alleged that (1) the defendants (except Knapp) issued the Notice without providing an appeal procedure in violation of her Fourteenth Amendment right to procedural due process; (2 retaliated against her for engaging in protected activities in violation of Title IX; and (3 and Trustees Wasinger and Douglass conspired to intimidate her in violation of 42 U.S.C. \u00a7 1985(2). Defendants argue that they are entitled to summary judgment on each of plaintiff's claims. 3 3 In her brief, plaintiff argues that the alleged retaliatory actions violated her rights to petition, associate and speak. Plaintiff's Memorandum In Opposition To The Garden City Community College Defendants' Motion For Summary Judgment Against Plaintiff Antonia Douglass (Doc. #273) filed November 18, 2022 at 112-15. Plaintiff then includes arguments regarding 2/17/25, 2:55 Douglass v. Garden City Cmty. Coll., 652 F. Supp. 3d 1329 | Casetext Search + Citator 12/38 general violations of her First Amendment rights to petition, associate and speak. The Pretrial Order clearly states that plaintiff alleged that defendants violated her First Amendment rights in retaliation for her protected speech. Pretrial Order (Doc. #224) filed September 22, 2022 at 26. Moreover, plaintiff must establish a constitutional injury to show retaliation under the First Amendment. See Worrell v. Henry, 219 F.3d 1197, 1212 (10th Cir. 2000) (First Amendment retaliation test). Accordingly, the Court finds that plaintiff has alleged retaliation in violation of the First Amendment and will address her alleged injuries under the Worrell retaliation framework. Analysis The defendants (including Knapp) assert that they are entitled to summary judgment on plaintiff's claims of retaliation in violation of the First Amendment because (1) the individual defendants are entitled to qualified immunity, (2) plaintiff cannot establish that is *1344 1344 liable under Monell v. Department of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), (3) plaintiff cannot establish a prima facie case of retaliation in violation of the First Amendment and (4) plaintiff cannot establish a conspiracy to retaliate. GCCC, Swender, Dozier and the Trustees further argue that they are entitled to summary judgment on plaintiff's procedural due process claim because she cannot show that the Notice infringed upon a protected property or liberty interest, and argues that plaintiff cannot establish a prima facie case of retaliation in violation of Title IX. Finally, Wasinger and Douglass argue that they are absolutely immune from liability under Section 1985. I. Section 1983 Retaliation Claim Plaintiff alleges that the defendants (including Knapp) retaliated against her for publicly reporting Title concerns at a Board meeting on April 10, 2018, in violation of the First Amendment. Defendants argue that (1) the individual defendants are entitled to qualified immunity; (2) plaintiff cannot prove that is liable under Monell; and (3) plaintiff cannot establish a prima facie case of retaliation. 2/17/25, 2:55 Douglass v. Garden City Cmty. Coll., 652 F. Supp. 3d 1329 | Casetext Search + Citator 13/38 In Worrell v. Henry, 219 F.3d 1197, 1212 (10th Cir. 2000), the Tenth Circuit Court of Appeals explained the law that applies to retaliation claims when defendant is not plaintiff's employer and they have no contractual relationship. See Leverington v. City of Colo. Springs, 643 F.3d 719, 728 (10th Cir. 2011). To establish retaliation in violation of the First Amendment, plaintiff must prove that (1) she was engaged in constitutionally protected activity; (2) defendant's actions caused her to suffer an injury that would chill a person of ordinary firmness from continuing to engage in that protected activity; and (3) her protected conduct substantially motivated defendant's actions. Worrell, 219 F.3d at 1212. Plaintiff alleges that because she reported Title concerns to the Board on April 10, 2018, defendants retaliated against her in the following ways: (1) without probable cause, Dozier issued (and the Trustees and Swender enforced) the Notice that banned her from campus and events between April 25 and July 27, 2018; (2) Trustees Wasinger and Douglass disparaged civil rights litigants at two Board meetings in June of 2020, after plaintiff had filed this lawsuit; (3) the Trustees removed the public comment sessions at Board meetings from February until September of 2019; (4) the Trustees adopted the Goheen Report, which included rumors about plaintiff, and publicly disparaged her; and (5) GCCC's retaliation was pursuant to custom or policy to intimidate critics and silence Title reporters. 4 4 Although an internal document states that Dozier lifted the Notice on May 4, 2018, Grisell informed plaintiff's counsel about the recission on July 27, 2018 and expressly stated that was lifting the Notice that day. Further, both parties address the Notice as if it were lifted on July 27, 2018. The Court therefore presumes for purposes of this analysis that lifted the Notice on July 27, 2018. A. Qualified Immunity Defendants argue that all individual defendants are entitled to qualified immunity on plaintiff's retaliation claims because clearly established law did not put them on notice that their conduct was unconstitutional. To overcome an official's qualified immunity claim, plaintiff must demonstrate that (1) the official violated a statutory or constitutional right and (2) at the 2/17/25, 2:55 Douglass v. Garden City Cmty. Coll., 652 F. Supp. 3d 1329 | Casetext Search + Citator 14/38 time, the law clearly established that right. See N.E.L. v. Douglas Cty., Colo., 740 F. App'x 920, 928 (10th Cir. 2018 *1345 1345 right is clearly established when every reasonable official would understand that what he or she is doing violates that right. Id. at 928-29. Once plaintiff establishes an inference that defendants' conduct violated a clearly established constitutional right, a qualified immunity defense generally fails. See Cannon v. City & Cnty. of Denver, 998 F.2d 867, 876-77 (10th Cir. 1993). Defendants cite Hirt v. Unified School District No. 287, No. 2:17-CV-02279- HLT, 2019 1866321 (D. Kan. Apr. 24, 2019), aff'd sub nom. Clark v. Unified Sch. Dist. No. 287, 822 F. App'x 706 (10th Cir. 2020), in which a school district banned a community member from campus because he insulted various school board members at school board meetings. On April 24, 2019, this Court held that Kansas law had not clearly established that indefinitely banning a member of the public from a school campus would violate the First Amendment. Id. at *18-19. Defendants argue that when they issued the Notice on April 25, 2018, they could not have been on notice that they were violating plaintiff's clearly established rights. Defendants' focus, however, is too narrow. In the Tenth Circuit, the law has been clearly established since at least 2000 that Section 1983 prohibits retaliation for exercising constitutionally protected rights under the First Amendment. See Worrell, 219 F.3d at 1212; see also Nave v. Indep. Sch. Dist. No. 20 of LeFlore Cty., No. CIV-17-096-KEW, 2018 6419296, at *9 (E.D. Okla. Dec. 6, 2018 reasonably competent public official would necessarily know that such retaliatory behavior violated plaintiff's First Amendment rights. See, e.g., Worrell, 219 F.3d at 1212. The individual defendants are not entitled to qualified immunity and the Court overrules defendants' motion on this ground. B. Monell Liability Plaintiff alleges that under Monell is liable for constitutional violations by its employees pursuant to custom or policy. Pretrial Order (Doc. #224) filed September 22, 2022 at 27. Specifically, plaintiff 2/17/25, 2:55 Douglass v. Garden City Cmty. Coll., 652 F. Supp. 3d 1329 | Casetext Search + Citator 15/38 alleges that when they issued and enforced the Notice, Swender, Dozier and the Trustees acted pursuant to informal policy or custom to intentionally scuttle any Title complaints, intimidate critics and inadequately enforce Title IX. Id. Applying Monell argues that it is entitled to summary judgment because it did not have a policy of silencing Title critics. Garden City Community College Defendants' Memorandum In Support Of Their Motion For Summary Judgment Against Plaintiff Antonio Douglass (Doc. #269) filed November 16, 2022 at 50. Local governments or municipalities, including GCCC, can be held liable for employees' actions taken pursuant to \"official policy.\" Pembaur v. City of Cincinnati, 475 U.S. 469, 479, 106 S.Ct. 1292, 89 L.Ed.2d 452 (1986); Monell, 436 U.S. at 694, 98 S.Ct. 2018. To prove liability under Monell and its progeny, plaintiff must show (1) a constitutional violation by a governmental employee, (2) the existence of a governmental custom or policy and (3) a direct causal link between the custom or policy and the violation. See Monell, 436 U.S. at 694, 98 S.Ct. 2018. The Supreme Court has held that \"an unconstitutional governmental policy could be inferred from a single decision taken by the highest officials responsible for setting policy in that area of the government's business.\" City of St. Louis v. Praprotnik, 485 U.S. 112, 123, 108 S.Ct. 915, 99 L.Ed.2d 107 (1988). To discern \"when a decision on a single occasion may be enough to establish an unconstitutional municipal policy,\" the Court must consider whether the municipality\u2014through an official *1346 1346 with \"final policymaking authority\"\u2014sanctioned or ordered the act. Id. (internal citations omitted). Whether an official has final policy making authority is a question of state law. Id. (citing Pembaur, 475 U.S. at 483, 106 S.Ct. 1292). Under Kansas law, the board of trustees is responsible \"for the operation, management and control of the college.\" K.S.A. \u00a7 71-201(a). Accordingly, like a school board, the board of trustees has final policymaking authority. See Ware v. Unified Sch. Dist. No. 492, 881 F.2d 906, 912-13 (10th Cir. 1989) (under Kansas law, school board has final policymaking authority). Further, 2/17/25, 2:55 Douglass v. Garden City Cmty. Coll., 652 F. Supp. 3d 1329 | Casetext Search + Citator 16/38 to establish a causal link between the actions of the Board and the alleged unconstitutional deprivation, plaintiff may show either that the Board delegated its decision-making authority to an official whose conduct caused the constitutional violation, or that the Board exercised its decision-making authority with deliberate indifference to the constitutional rights of plaintiff. Gates v. Unified Sch. Dist. No. 449 of Leavenworth Cnty., Kan., 996 F.2d 1035, 1042 (10th Cir. 1993). As shown below, plaintiff has established a genuine issue of material fact whether Swender, Dozier and the Trustees violated her First Amendment rights when Dozier issued and Swender and the Trustees enforced the Notice. Plaintiff has not established a genuine issue of material fact whether defendants violated her First Amendment rights when (1) Trustees Wasinger and Douglass disparaged civil rights litigants at two Board meetings in June of 2020, after plaintiff had filed this lawsuit; (2) the Trustees removed the public comment sessions at Board meetings from February until September of 2019; and (3) the Trustees adopted the Goheen Report, which included rumors about plaintiff, and publicly disparaged her. Accordingly is not liable under Monell regarding the Trustees' comments, public comment sessions or Goheen Report/public disparagement. The Court therefore sustains GCCC's motion on these claims. Plaintiff has presented evidence, however, that (1) Swender refused to rescind the Notice until July 27, 2018 and therefore ratified Dozier's decision to issue the Notice, (2) the Trustees refused to investigate plaintiff's complaint to Trustee Douglass that the Notice was retaliation for her Title report and (3) the Trustees deferred to Swender regarding the Notice pursuant to the Carver Model of governance\u2014again, notwithstanding plaintiff's report of retaliation. Plaintiff has established a genuine issue of material fact whether the Board delegated its decision-making authority to Swender and whether Swender caused a constitutional violation by ratifying Dozier's decision to issue the Notice and enforcing it until July 27, 2018. Because plaintiff has established a genuine issue of material fact whether an unconstitutional policy could be inferred from Swender's ratification of the Notice, see Praprotnik, 485 U.S. at 123, 108 S.Ct. 915, the Court overrules 2/17/25, 2:55 Douglass v. Garden City Cmty. Coll., 652 F. Supp. 3d 1329 | Casetext Search + Citator 17/38 defendants' motion that plaintiff may not hold liable for issuing and enforcing the Notice under Monell. C. Retaliatory Issuance And Enforcement Of The Notice Plaintiff alleges that in retaliation for reporting Title concerns to the Board on April 10, 2018, defendants issued and enforced the Notice against her. Defendants argue that plaintiff cannot establish the third element under Worrell\u2014causation. Specifically, defendants assert that (1) plaintiff cannot establish that her protected conduct substantially motivated their actions and (2) Swender, Knapp and the Trustees did not participate in issuing the Notice and therefore, plaintiff cannot establish their intent to retaliate. *1347 At the summary judgment stage, to demonstrate that plaintiff's conduct substantially motivated defendants' conduct, plaintiff must show facts which demonstrate that defendants \"acted on the basis of a culpable subjective state of mind.\" See McCook v. Spriner Sch. Dist., 44 F. App'x. 896, 905 (10th Cir. 2002) (internal quotation marks omitted). If the adverse action against plaintiff was not retaliatory or if defendants did not cause the adverse action, defendants may successfully defend the retaliation claim. Worrell, 219 F.3d at 1213. Without more, temporal proximity between the protected speech and the alleged retaliation does not allow an inference of a retaliatory motive, unless plaintiff establishes sufficiently close proximity. Trant v. Oklahoma, 754 F.3d 1158, 1170 (10th Cir. 2014); see also Marx v. Schnuck Markets, Inc., 76 F.3d 324, 329 (10th Cir. 1996) (must be \"close temporal proximity six-week period between protected activity and adverse action may be sufficient, standing alone, to show causation, but a three-month period, standing alone, is insufficient. Meiners v. Univ. of Kan., 359 F.3d 1222, 1231 (10th Cir. 2004). 1347 i. Dozier As to Dozier, plaintiff has presented evidence that (1) she expressed Title concerns to the Board on April 10, 2018; (2) Dozier attended that Board meeting; and (3) Dozier issued the Notice two weeks later, on April 25, 2018. Plaintiff has also presented evidence that (1) her husband and Ratcliff\u2014each of whom observed the exchange between plaintiff and Wenzel\u2014do not 2/17/25, 2:55 Douglass v. Garden City Cmty. Coll., 652 F. Supp. 3d 1329 | Casetext Search + Citator 18/38 recall plaintiff harassing Wenzel during the short conversation on April 18; (2) Ratcliff reported to Dozier that he did not believe plaintiff had harassed Wenzel; and (3) Dozier did not interview plaintiff. Viewed in the light most favorable to plaintiff, Dozier's investigation was cursory and inadequate. Moreover, the Notice\u2014which banned her from entering the campus and attending events\u2014was arguably disproportionate to any need to protect Wenzel from harassment by plaintiff. On this record, a jury could easily conclude that plaintiff's protected activity substantially motivated Dozier to under-investigate and over-react by issuing the Notice. Viewing the evidence in the light most favorable to plaintiff, she has established a genuine issue of material fact whether Dozier's decision to issue the Notice was substantially motivated by her protected conduct on April 10, 2018. The Court overrules defendants' motion for summary judgment on this ground. ii. The Trustees, Swender and Knapp As to plaintiff's allegation that Swender and the Trustees enforced the Notice in retaliation for her protected speech, defendants argue that the Trustees, Swender and Knapp are entitled to summary judgment because they did not participate in issuing the Notice. Plaintiff responds that Swender and the Trustees enforced the Notice and are therefore responsible for the retaliation. To survive summary judgment, plaintiff must present evidence that each individual defendant had an intent to retaliate. See A.M. v. Holmes, 830 F.3d 1123, 1163 (10th Cir. 2016). Plaintiff has presented evidence that (1) she reported her Title concerns to the Board on April 10, 2018; (2) on April 25, 2018, plaintiff reported to Trustee Douglass that she believed the Notice was in retaliation for her Title report; (3) on April 26, 2018, plaintiff's attorney contacted counsel Grisell to demand that rescind the Notice; (4) even after several requests from plaintiff, Swender refused to rescind the Notice; (5) Swender informed the Trustees about the Notice; (6) when plaintiff complained to the Trustees about the Notice, they deferred to *1348 1348 2/17/25, 2:55 Douglass v. Garden City Cmty. Coll., 652 F. Supp. 3d 1329 | Casetext Search + Citator 19/38 Swender and told plaintiff that because they had delegated such authority to Swender under the Carver Model of governance, it was up to him to enforce or revoke the Notice; and (7) Dozier rescinded the Notice on May 4, 2018, but Grisell did not inform plaintiff that had lifted the Notice until July 27, 2018 and did not inform plaintiff that Dozier previously lifted it. Plaintiff has established a genuine issue of material fact whether Swender and the Trustees intended to retaliate against her by refusing to rescind the Notice. The Court overrules defendants' motion on the issue whether Dozier, Swender and the Trustees intended to retaliate. Because plaintiff has not presented evidence that Knapp intended to retaliate or even argued that he participated in issuing the Notice after the termination of his employment at GCCC, the Court sustains defendant's motion as to Knapp. D. Comments At Board Meetings In June Of 2020 Plaintiff alleges that because she reported Title concerns to the Board on April 10, 2018, Trustees Wasinger and Douglass blamed her and other civil rights plaintiffs for financial woes at two Board meetings in June of 2020. Defendants argue that plaintiff cannot show that the Trustees' actions caused her to suffer an injury that would chill a person of ordinary firmness from continuing to engage in protected activity. Plaintiff has presented evidence that Wasinger and Douglass blamed civil rights suits for harming students and Garden City community members. Wasinger commented that he was frustrated and would \"like to see resolve\" on the claims\u2014emphasizing \"[t]he sooner, the better.\" Plaintiff argues that these comments injured her but only has presented evidence that Chandler, a faculty member with a pending civil rights case against GCCC, felt threatened by them and that plaintiff believes the Trustees intended to also intimidate her. Plaintiff did not submit evidence that she actually felt threatened. As a matter of law, the statements at the Board meetings in question\u2014which did not mention plaintiff by name\u2014would not chill a person of ordinary firmness from continuing to engage in protected speech. Cf. Pierce v. Chene, 2/17/25, 2:55 Douglass v. Garden City Cmty. Coll., 652 F. Supp. 3d 1329 | Casetext Search + Citator 20/38 No. 1:15-cv-758, 2017 3600458, at *10 (D.N.M. Feb. 1, 2017) (involuntary disenrollment of children could chill parents' speech by forcing them to choose between First Amendment rights and education for their children); Esparza v. Bowman, 523 F. App'x. 530, 536 (10th Cir. 2013) (police officer pursuit of arrest without probable cause would chill person of ordinary firmness); Allen v. Avance, 491 F. App'x. 1, 6 (10th Cir. 2012) (prospect of punishment severe enough to violate Eighth Amendment sufficient to chill person of ordinary firmness); Suarez Corp. Indus. v. McGraw, 202 F.3d 676, 687 (4th Cir. 2000) (official's statements to plaintiffs that it would \"become his mission to cause as much pain, damage, and injury as possible to [them]\" and that he would \"inflict the maximum degree of penalty\" if the plaintiffs refused to agree to temporary injunction sufficient to chill person of ordinary firmness); Van Deelen v. Johnson, 497 F.3d 1151, 1157 (10th Cir. 2007) (deputy sheriff's threat to shoot taxpayer if he brought more tax appeals would chill person of ordinary firmness). Plaintiff has not established a genuine issue of material fact whether the Trustees' comments would chill a person of ordinary firmness from continuing to engage in protected activity. The Court therefore sustains defendants' motion for summary judgment on this claim. *1349 E. Public Comments Section 1349 Plaintiff alleges that that because she reported Title concerns at the Board meeting on April 10, 2018, the Trustees retaliated by closing the public comment session of Board meetings from February until September of 2019. Defendants argue that plaintiff cannot show that the Trustees' actions caused her to suffer an injury that would chill a person of ordinary firmness from continuing to engage in that protected activity. Even when defendant's actions make it \"more difficult\" to engage in protected speech, courts properly dismiss First Amendment retaliation claims when \"alternative avenues\" remain open to engage in such speech. Smith v. Plati, 258 F.3d 1167, 1177 (10th Cir. 2001). The Tenth Circuit has reasoned that in such circumstances, plaintiff retains \"the ability to speak freely about any political, social or other concern.\" Id. 2/17/25, 2:55 Douglass v. Garden City Cmty. Coll., 652 F. Supp. 3d 1329 | Casetext Search + Citator 21/38 Defendants have presented evidence that by contacting Swender, the Trustees or other employees with sufficient authority, such as Title investigators Ruda and Lamb, plaintiff could report Title concerns to defendants at any time. Trustee Wasinger also testified that the Trustees remained available to the public \"24/7\" during the closure of the public comment session. Because alternative avenues remained open for plaintiff to report Title issues at from February to September of 2019, she has not established that the Trustees' decision to close the public comment session would chill a person of ordinary firmness from engaging in protected speech. The Court sustains defendants' motion for summary judgment on this claim. F. Goheen Report And Public Disparagement Plaintiff alleges that in retaliation to her Title report on April 10, 2018, the defendants harmed her reputation. Specifically, plaintiff claims that (1) Swender and Trustee Martinez spread a rumor about her having sexual relationships with student athletes and (2) the Trustees adopted the Goheen Report which detailed this rumor and minimized her Title concerns. Defendants argue that plaintiff cannot show that any damage to her reputation caused her to suffer an injury that would chill a person of ordinary firmness from continuing to engage in that protected activity. To establish injury, plaintiff must show that defendants' actions would chill a person of ordinary firmness. Eaton v. Meneley, 379 F.3d 949, 953 (10th Cir. 2004). This \"standard for evaluating that chilling effect is objective\" and \"vigorous.\" Id. at 953, 955. Applying that standard, courts in this Circuit have found that statements concerning the illegality or impropriety of a plaintiff's conduct are insufficient, standing alone, to support a First Amendment retaliation claim. See, e.g., How v. City of Baxter Springs, Kan., 217 F. App'x 787, 798 (10th Cir. 2007) (threat of criminal charges not injury that would chill person of ordinary firmness from continuing to exercise constitutional rights); Valdez v. New Mexico, 109 F. App'x 257, 263 (10th Cir. 2004) (statements made to press regarding plaintiff's possible involvement in criminal activity not sufficient for First Amendment retaliation claim); Taylor v. City of Claremore, No. 18-cv-269-GKF-FHM, 2019 3482965, at *9 (N.D. Okla. July 31, 2019) (statement that plaintiff had committed perjury 2/17/25, 2:55 Douglass v. Garden City Cmty. Coll., 652 F. Supp. 3d 1329 | Casetext Search + Citator 22/38 would not chill person of ordinary firmness from continuing to engage in First Amendment activity). Accordingly, \"[e]ven in the context of [a] First Amendment retaliation case, ... injury to one's reputation is not enough\" to establish a chilling effect. Eaton, *1350 1350 379 F.3d at 956. In Phelan v. Laramie Cnty Comm. College Bd. of Trustees, 235 F.3d 1243, 1248 (10th Cir. 2000), the Tenth Circuit reasoned that defendant's disparaging statement \"carried no penalties\" and did not \"restrict [plaintiff's] opportunities to speak.\" Phelan, 235 F.3d at 1248; see also Blume v. Meneley, 283 F. Supp. 2d 1178, 1188 (D. Kan. 2003) (defamation not sufficient to state retaliation claim under Section 1983). It emphasized that the government may interject its voice into public discourse and concluded that because plaintiff remained free to express her views publicly and to criticize defendants, their conduct would not chill a person of ordinary firmness. Phelan, 235 F.3d at 1247. Here, plaintiff has not established a genuine issue of material fact whether defendants' alleged retaliation would chill a person of ordinary firmness from continuing to engage in protected speech. Even if the rumor and the Goheen Report harmed plaintiff's reputation, plaintiff remained free to express her views publicly and to criticize defendants' conduct. The Court therefore sustains defendants' motion for summary judgment on this claim. II. Section 1983 Conspiracy Claims Plaintiff asserts that and the individual defendants (including Knapp) conspired to retaliate against her for her Title report on April 10, 2018 by (1) orchestrating the issuance and enforcement of the Notice; (2) endorsing comments by Wasinger and Douglass at the Board meetings in June of 2020; and (3) eliminating the public comment sessions at Board meetings for several months. Defendants argue that (1) plaintiff cannot show that she suffered a deprivation of her constitutional rights; (2) plaintiff cannot establish a conspiracy; (3) Swender, Dozier and Knapp are entitled to 5 2/17/25, 2:55 Douglass v. Garden City Cmty. Coll., 652 F. Supp. 3d 1329 | Casetext Search + Citator 23/38 qualified immunity for the Notice; and (4) plaintiff cannot establish that is liable under Monell. 5 Plaintiff does not allege a conspiracy regarding the Goheen Report or public disparagement. Pretrial Order (Doc. #224) filed September 22, 2022 at 28- 29. To succeed on a conspiracy claim under Section 1983, plaintiff must show (1) an actual deprivation of a constitutional right, (2) a combination of two or more persons acting in concert and (3) a meeting of the minds, an agreement among defendants or a general conspiratorial objective. Brooks v. Gaenzle, 614 F.3d 1213, 1227-28 (10th Cir. 2010). Again, to establish an actual deprivation of a constitutional right under a First Amendment retaliation theory, plaintiff must prove that (1) she was engaged in constitutionally protected activity, (2) defendants' actions caused her to suffer an injury that would chill a person of ordinary firmness from continuing to engage in that protected activity and (3) her protected conduct substantially motivated defendants' actions. Worrell, 219 F.3d at 1212. The Court has determined as a matter of law that defendants' conduct in endorsing comments by Wasinger and Douglass at Board meetings in June of 2020 and eliminating public comment sessions at Board meetings would not chill a person of ordinary firmness from continuing to engage in protected activity under the First Amendment. Accordingly, plaintiff cannot show a constitutional violation on either theory, and defendants are entitled to summary judgment on the conspiracy claims which are premised on those actions. As to plaintiff's theory that defendants conspired to issue and enforce the Notice, because direct evidence of an agreement rarely is available, plaintiff can rely solely on circumstantial evidence to *1351 1351 establish a conspiracy. Snell v. Tunnell, 920 F.2d 673, 702 (10th Cir. 1990). Proof of an agreement among defendants need not be express. Frasier v. Evans, 992 F.3d 1003, 1025 (10th Cir. 2021). Parallel action may or may not indicate an agreement to act in concert. Id. To demonstrate a conspiratorial agreement, plaintiff must show \"a single plan, the essential nature and 2/17/25, 2:55 Douglass v. Garden City Cmty. Coll., 652 F. Supp. 3d 1329 | Casetext Search + Citator 24/38 general scope of which was know[n] to each person who is to be held responsible for its consequences.\" Snell, 920 F.2d at 702. A. General Conspiratorial Objective As explained above, plaintiff established a genuine issue of material fact whether she suffered a constitutional deprivation when Dozier issued and Swender and the Trustees enforced the Notice in retaliation for her protected speech. As to the alleged conspiracy, plaintiff has presented evidence that (1) Dozier issued the Notice 15 days after plaintiff reported Title concerns to the Board\u2014including her concern that Swender and Green were ignoring Title reports; (2) Dozier performed a cursory and inadequate investigation before issuing the Notice; (3) Trustee Douglass did not respond to plaintiff's concern that Dozier issued the Notice in retaliation for her protected speech; (4) Swender refused to rescind the Notice after multiple requests from plaintiff's counsel; (5) Swender informed the Trustees about the Notice and the circumstances that led to its issuance; (6) the Trustees ignored plaintiff's request to rescind the Notice and instead told her that it was solely up to Swender to rescind or enforce the Notice\u2014even though under the Carver Model of governance the Trustees had the power to rescind the Notice; (7) the same day that Dozier issued the Notice, Tempel pulled plaintiff's arrest records from an unrelated incident in 2017 and sent it to Swender; (8 had a pattern of ignoring Title reports; and (9) the Notice was the first time had issued a no trespass notice against a community member. Plaintiff has established a genuine issue of material fact whether Swender, Dozier and the Trustees conspired to silence her by issuing the Notice. Knapp argues that plaintiff cannot establish that he was involved in the conspiracy regarding the issuance and enforcement of the Notice. Plaintiff does not respond to this argument and has not presented evidence that Knapp was involved. Accordingly, Knapp is entitled to summary judgment on this claim. B. Qualified Immunity And Liability Under Monell 2/17/25, 2:55 Douglass v. Garden City Cmty. Coll., 652 F. Supp. 3d 1329 | Casetext Search + Citator 25/38 Defendants argue that Swender, Dozier and the Trustees are entitled to qualified immunity on plaintiff's conspiracy claims because clearly established law did not put them on notice that their conduct was unconstitutional. Again, defendants' argument is too narrow. Swender, Dozier and the Trustees are not entitled to qualified immunity; a reasonably competent public official would necessarily know that such retaliatory behavior violated plaintiff's First Amendment rights. See, e.g., Worrell, 219 F.3d at 1212. Similarly argues again that plaintiff cannot establish that when Dozier issued and Swender and the Trustees enforced the Notice, they acted pursuant to policy or to retaliate against Title reporters. As explained above, because plaintiff has established a genuine issue of material fact whether an unconstitutional policy could be inferred from Swender's ratification and enforcement of the Notice, see Praprotnik, 485 U.S. at 123, 108 S.Ct. 915, the Court denies defendants' motion for summary judgment on the theory that plaintiff may not hold liable for the Notice under Monell. *1352 The Court overrules defendants' motion as to Swender, Dozier and the Trustees on plaintiff's Section 1983 conspiracy claim because she established a genuine issue of material fact whether they agreed to issue and enforce the retaliatory Notice. The Court also overrules defendants' motion as to GCCC's liability under Monell. As to Knapp, however, the Court sustains defendants' motion for summary judgment because plaintiff has not established a genuine issue of material fact whether he participated in a conspiracy to retaliate against plaintiff by issuing or enforcing the Notice. 1352 III. Section 1983 Procedural Due Process Plaintiff brings a procedural due process claim under Section 1983 against Swender, Dozier and the Trustees in their individual capacities, and under Monell. Plaintiff alleges that Swender, Dozier and the Trustees violated the due process clause by (1) issuing and enforcing the Notice and (2) failing to give her an identifiable procedure or mechanism to challenge its nature, adequacy, justification, procedural and/or constitutional deficiencies. Plaintiff argues that is liable because Dozier, Swender and the Trustees issued and enforced the Notice pursuant to a policy or custom of intimidating critics and silencing Title reporters. Defendants 2/17/25, 2:55 Douglass v. Garden City Cmty. Coll., 652 F. Supp. 3d 1329 | Casetext Search + Citator 26/38 argue that plaintiff cannot show a protected property or liberty interest that implicates due process protections. Procedural due process claims are evaluated under a two-step process: (1) whether a protected property or liberty interest implicates due process protections and (2) whether the procedures used to deprive plaintiff of that interest were constitutionally sufficient. Moore v. Bd. of Cty. Comm'rs, 507 F.3d 1257, 1259 (10th Cir. 2007). Defendants argue that plaintiff cannot show a protected property or liberty interest in entering property or attending GCCC-sponsored events. The Court has previously held that plaintiff does not have a property interest in entering the campus. Order On Motion To Dismiss (Doc. #90) filed June 9, 2021 at 17. Plaintiff does, however, have a liberty interest in her freedom to association and speech. See e.g v. State of Ala. ex rel. Patterson, 357 U.S. 449, 460, 78 S.Ct. 1163, 2 L.Ed.2d 1488 (1958) (\"It is beyond debate that freedom to engage in association for the advancement of beliefs and ideas is an inseparable aspect of the 'liberty' assured by the Due Process Clause of the Fourteenth Amendment, which embraces freedom of speech.\"). Here, plaintiff argues that the Notice infringed upon a narrower liberty interest\u2014her right to associate and speak in relation to her Title activity. Plaintiff's Memorandum In Opposition To The Garden City Community College Defendants' Motion For Summary Judgment Against Plaintiff Antonia Douglass (Doc. #273) filed November 18, 2022 at 118. According to plaintiff, defendants deprived her of this right by issuing the Notice without providing a clear avenue to challenge it. Id. Here, the record shows that even after the Notice, plaintiff continued to associate and speak in relation to her Title activity issued the Notice on April 25, 2018, but permitted plaintiff to attend Board meetings\u2014 where she initially reported her Title concerns\u2014and graduation. Until August of 2018, plaintiff spoke with Title investigators/coordinators Ruda and Lamb \"on a regular basis.\" Plaintiff attended all Board meetings to track defendants' response to her Title report, and she continued to associate with other Title reporters\u2014such as cheer 2/17/25, 2:55 Douglass v. Garden City Cmty. Coll., 652 F. Supp. 3d 1329 | Casetext Search + Citator 27/38 *1353 1353 student mother Eleanor Everett at the Board meeting on May 8, 2018. Plaintiff has presented no evidence that the Notice affected her ability to associate and speak in relation to Title activity. Plaintiff only presented evidence that because of the Notice, (1) she could not respond to a student's request for help in May of 2018 and (2) she could not attend various social events with friends. Specifically, a student texted plaintiff for help because investigators were questioning her in her door room. Plaintiff did not present evidence, however, about whether this incident related to Title activity. Similarly, plaintiff has not presented evidence that the missed social events related to Title activity. Because plaintiff has failed to establish that the Notice infringed upon her right of association and speech in relation to Title activity, the Notice did not implicate due process protections. The Court therefore sustains defendants' motion for summary judgment on plaintiff's procedural due process claim. IV. Title Retaliation Plaintiff asserts that because she reported Title concerns to the Board on April 10, 2018, she suffered the following materially adverse actions: (1 issued and enforced the Notice; (2 subjected her to retaliatory harassment; (3) Trustees Wasinger and Douglass blamed her and other civil rights plaintiffs for GCCC's increased insurance premiums during Board meetings in June of 2020; and (4) the Trustees closed public comment sessions from February to September of 2019 argues that (1) plaintiff cannot establish a prima facie case of retaliation; (2) it had non- retaliatory reasons for its actions; and (3) plaintiff cannot establish pretext. Title \"prohibits retaliation against individuals because they have complained of sex discrimination.\" Hiatt v. Colo. Seminary, 858 F.3d 1307, 1315 (10th Cir. 2017) (citing Jackson v. Birmingham Bd. of Educ., 544 U.S. 167, 183, 125 S.Ct. 1497, 161 L.Ed.2d 361 (2005)). Plaintiff can establish retaliation either with direct evidence of retaliation or indirectly by relying on the three-part McDonnell-Douglas framework. McDonnell Douglas Corp. v. Green, 411 U.S. 792, 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973); Hiatt, 858 F.3d at 1315 (applying McDonnell-Douglas framework to Title retaliation). 2/17/25, 2:55 Douglass v. Garden City Cmty. Coll., 652 F. Supp. 3d 1329 | Casetext Search + Citator 28/38 Under this framework, plaintiff must first establish a prima facie case of retaliation. To do so under Title IX, plaintiff must show that (1) she engaged in protected activity; (2) defendant had knowledge of the protected activity; (3) materially adverse school-related action was taken against plaintiff; and (4) the protected activity caused the adverse action. Tackett v. Univ. of Kan., 234 F. Supp. 3d 1100, 1109 (D. Kan. 2017 challenged action is materially adverse if it might dissuade a reasonable person from making or supporting a charge of discrimination. See Burlington N. Santa Fe Ry Co. v. White, 548 U.S. 53, 68, 126 S.Ct. 2405, 165 L.Ed.2d 345 (2006). If plaintiff makes a prima facie case of retaliation, the burden shifts to defendant to articulate a legitimate nonretaliatory reason for the materially adverse action. Hiatt, 858 F.3d at 1316. If defendant satisfies this burden, plaintiff must show a genuine issue of material fact whether the proffered reason is pretextual. Id. To do this, plaintiff can show weakness, implausibility, inconsistency, incoherency or contradiction in defendant's proffered reasons. Morgan v. Hilti, Inc., 108 F.3d 1319, 1323 (10th Cir. 1997). To trigger Title liability, a recipient must have actual notice through an appropriate person. Escue v. N. Okla. Coll., 450 F.3d 1146, 1152 (10th Cir. 2006). An appropriate person \"is, at a minimum, *1354 1354 an official of the recipient with authority to take corrective action to end the discrimination\" or retaliation. Gebser v. Lago Vista Indep. Sch. Dist., 524 U.S. 274, 290, 118 S.Ct. 1989, 141 L.Ed.2d 277 (1998 does not argue that it lacked notice of the allegedly adverse actions. For purposes of this analysis, the Court therefore presumes that had actual notice of its employees' actions concedes that plaintiff engaged in protected activity in reporting Title concerns on April 10, 2018 argues that as a matter of law, however, plaintiff cannot establish a prima facie case of retaliation or that its legitimate nonretaliatory reasons were pretextual. A. No Trespass Notice 2/17/25, 2:55 Douglass v. Garden City Cmty. Coll., 652 F. Supp. 3d 1329 | Casetext Search + Citator 29/38 Plaintiff alleges that retaliated against her for reporting Title concerns by issuing and enforcing the Notice does not contest that plaintiff engaged in protected activity when she reported Title concerns at a Board meeting on April 10, 2018 or that the Notice constitutes materially adverse action. Instead argues that plaintiff cannot establish (1) a causal connection between her protected activity and the Notice and (2) that its nonretaliatory reasons for issuing the Notice were pretextual. i. Causation argues that plaintiff cannot establish a causal connection between her protected activity and the Notice. Under Title IX, plaintiff may demonstrate a causal connection \"by evidence of circumstances that justify an inference of retaliatory motive, such as protected conduct closely followed by adverse action.\" Meiners, 359 F.3d at 1231. However, \"unless the [adverse action] is very closely connected in time to the protected activity, the plaintiff must rely on additional evidence beyond mere temporal proximity.\" Id six-week period between protected activity and adverse action may be sufficient, standing alone, to show causation, but a three- month period, standing alone, is insufficient. Id. Here, Dozier issued the Notice 15 days after plaintiff reported Title concerns to the Board. For purposes of establishing a prima facie case through temporal proximity, plaintiff has presented sufficient evidence of a causal connection between her protected activity and the Notice. The Court therefore overrules defendants' motion on this ground. ii. Nonretaliatory Reasons And Pretext Because plaintiff has established a prima facie case, the burden shifts to to provide legitimate, nondiscriminatory reasons for the Notice. See Berry v. Stevinson Chevrolet, 74 F.3d 980, 986 (10th Cir. 1996 argues that Dozier issued the Notice because he received a complaint that plaintiff had harassed Wenzel on campus and believed it was necessary and that Swender \"had no involvement with\" the Notice. Garden City Community College Defendants' Motion For Summary Judgment Against Plaintiff Antonia Douglass (Doc. #269) filed November 16, 2022 at 35. 2/17/25, 2:55 Douglass v. Garden City Cmty. Coll., 652 F. Supp. 3d 1329 | Casetext Search + Citator 30/38 Because has offered legitimate, nondiscriminatory reasons for the Notice, plaintiff must show that the stated reasons are pretextual. Plaintiff has presented evidence that (1 had never issued a no trespass notice to a community member before issuing hers on April 25, 2018; (2) Dozier performed a cursory and inadequate investigation into Wenzel's complaint about plaintiff; (3) Ratliff, plaintiff and her husband (three out of four of the people in the conversation with Wenzel) did not believe that plaintiff had harassed Wenzel during the conversation; (4) Swender informed the Trustees about the Notice; (5) the day Dozier issued the Notice, plaintiff complained to Trustee Douglass that she believed *1355 1355 the Notice was retaliatory and that she wanted to rescind it and the Trustees to investigate Dozier's decision to issue it; (6) the Trustees did not investigate the Notice; and (7) the Trustees and Swender did not rescind the Notice until July 27, 2018. Viewing the evidence in the light most favorable to plaintiff, she has established a genuine issue of material fact whether GCCC's stated reasons for the Notice were pretextual. The Court therefore overrules defendants' motion for summary judgment on this claim. B. Retaliatory Harassment Plaintiff alleges that retaliatorily harassed by ostracizing and intimidating her and adopting the Goheen report because of her Title report. Pretrial Order (Doc. #224) filed September 22, 2022 at 26 argues that plaintiff cannot establish (1) materially adverse action; (2) a causal connection between plaintiff's protected activity and the Trustee's decision to adopt the Goheen Report; and (3) that its nonretaliatory reasons for adopting the report were pretextual. i. Materially Adverse Action Retaliatory harassment, if sufficiently severe, may constitute adverse action for purposes of a retaliation claim. Gunnell v. Utah Valley State Coll., 152 F.3d 1253, 1264 (10th Cir. 1998). Acts that carry \"a significant risk of humiliation [and] damage to reputation\" may be considered adverse actions. Id. (citing Annett v. Univ. of Kan., 371 F.3d 1233, 1239 (10th Cir. 2004 2/17/25, 2:55 Douglass v. Garden City Cmty. Coll., 652 F. Supp. 3d 1329 | Casetext Search + Citator 31/38 materially adverse action is one that might dissuade a reasonable person from making or supporting a charge of discrimination. See Burlington, 548 U.S. at 68, 126 S.Ct. 2405; Reinhardt v. Albuquerque Pub. Sch. Bd. of Educ., 595 F.3d 1126, 1133 (10th Cir. 2010). The Court must separate actions that are likely to deter victims of discrimination from engaging in protected activity, from \"petty slights, minor annoyances, and simple lack of good manners\" which do not create such deterrence. See Burlington, 548 U.S. at 68, 126 S.Ct. 2405; Johnson v. Weld Cty., 594 F.3d 1202, 1216 (10th Cir. 2010). Deciding whether a recipient's actions are \"materially adverse\" is a case- specific exercise that requires an objective inquiry that does not turn on plaintiff's personal feelings. Semsroth v. City of Wichita, 555 F.3d 1182, 1184- 85 (10th Cir. 2009). Plaintiff has presented evidence that (1) at a Board meeting in January of 2019, Trustee Martinez admitted spreading a rumor that plaintiff had slept with student athletes; (2) Martinez told her that President Swender had started this rumor; (3) Chandler told plaintiff that the rumor began circulating on April 10, 2018\u2014the day plaintiff reported Title concerns; (4) plaintiff felt humiliated by this rumor and believes that it significantly damaged her reputation; (5) during the public comment session of a Board meeting in January of 2019, Dozier told the Board that he had personal complaints about plaintiff because she reported him for issuing the retaliatory Notice, pointed at her and was visibly angry; (6) in January of 2019, the Board adopted the Goheen Report, which republished the rumor; (7) the Goheen Report minimized plaintiff's Title report in an attempt to discredit her; and (8) in June of 2020, Ruda released a memo detailing GCCC's increased insurance premium and blamed civil rights plaintiffs with pending cases against GCCC\u2014expressly naming plaintiff because she had filed suit against in February of 2020. Again, because has not put forth a contrary argument, the Court presumes that it had notice of these actions reasonable jury could conclude that GCCC's alleged retaliatory harassment was sufficiently severe to deter a reasonable person from making or supporting a *1356 1356 2/17/25, 2:55 Douglass v. Garden City Cmty. Coll., 652 F. Supp. 3d 1329 | Casetext Search + Citator 32/38 charge of discrimination. The Court therefore overrules GCCC's motion for summary judgment on this ground. ii. Causal Connection Under Title IX, a plaintiff may demonstrate a causal connection through temporal proximity to a protected activity. Meiners, 359 F.3d at 1231. The Tenth Circuit has recognized that \"a pattern of adverse ... actions over a period of weeks or months may demonstrate\" a retaliatory animus. Steele v. Kroenke Sports Enters., L.L.C., 264 F. App'x 735, 746 (10th Cir. 2008) (citing Marx v. Schnuck Mkts., Inc., 76 F.3d 324, 329 (10th Cir. 1996)); see also Hinds v. Sprint/United Mgmt. Co., 523 F.3d 1187, 1204-05 (10th Cir. 2008) (pattern of retaliatory conduct may provide temporal proximity sufficient to preclude summary judgment). Here, the harassment by Swender and Martinez began the day plaintiff reported Title concerns to the Board, and Swender, Dozier and the Trustees continued to harass plaintiff though June of 2020\u2014when Ruda sent his memo about liability insurance. Plaintiff has established a genuine issue of material fact whether the actions of Swender, Dozier and the Trustees demonstrate a pattern of adverse actions over the months after she reported Title concerns in April of 2018. For purposes of her prima facie case, plaintiff has presented sufficient evidence of a causal connection between her protected activity and the alleged harassment. Because plaintiff has established a prima facie case, the burden shifts to defendant to provide legitimate, nondiscriminatory reasons for the adverse action. Berry, 74 F.3d at 986 argues that the Board adopted the Goheen Report pursuant to a fair vote. Because it has not offered non- retaliatory reasons for all purported acts of harassment, the Court overrules GCCC's motion for summary judgment on this claim. C. Board Meetings In June Of 2020 Plaintiff alleges that in retaliation for her Title reports endorsed comments by Trustees Wasinger and Douglass at the Board meetings in June of 2020 that blamed plaintiff and other civil rights plaintiffs for the financial woes of argues that plaintiff cannot establish (1) 2/17/25, 2:55 Douglass v. Garden City Cmty. Coll., 652 F. Supp. 3d 1329 | Casetext Search + Citator 33/38 materially adverse action and (2) a causal connection between plaintiff's protected activity and Wasinger and Douglass' comments at the Board meetings. Once again, for an action to be sufficiently adverse, plaintiff must demonstrate that it would deter a reasonable person from making or supporting a charge of discrimination. See Burlington, 548 U.S. at 68, 126 S.Ct. 2405. As discussed above, the Trustees' comments at the meetings in June of 2020 would not have chilled a person of ordinary firmness from continuing to engage in protected speech. The Trustees generally discussed pending civil rights suits against but did not name plaintiff, and as a matter of law, such comments would not deter a reasonable person from engaging in protected activity. The Court sustains defendants' motion for summary judgment on this claim. D. Public Comment Session Plaintiff alleges that in retaliation for her Title reports, the Trustees closed the public comment sessions of Board meetings from February to September of 2019 argues that plaintiff cannot establish materially adverse action. Again, as explained above, the Trustees' decision to close the public comment sessions would not chill a person of ordinary firmness from continuing to engage in protected speech. This decision did not carry a significant risk of humiliation or damage to reputation, or close all avenues to report Title concerns. The Court concludes that as a matter of law, closing the public *1357 1357 comment sessions would not deter a reasonable person from engaging in protected activity. Accordingly, plaintiff has not established a genuine issue of material fact whether she suffered materially adverse action when the Trustees removed the public comment sessions from Board meetings for several months. The Court sustains defendants' motion on this claim. V. Section 1985(2) Conspiracy Claim Plaintiff alleges that Wasinger and Douglass conspired to intimidate her in violation of 42 U.S.C. \u00a7 1985(2) when they blamed civil rights plaintiffs for 2/17/25, 2:55 Douglass v. Garden City Cmty. Coll., 652 F. Supp. 3d 1329 | Casetext Search + Citator 34/38 the insurance premium increase at Board meetings in June of 2020. Wasinger and Douglass argue that legislative immunity bars plaintiff's claim and that even if legislative immunity does not apply, plaintiff has not presented sufficient evidence of a conspiracy. Section 1985(2) contains a deterrence provision, which \"concerns intimidating parties, witnesses, or jurors in court so that they will not attend court or testify.\" King v. Knoll, 399 F. Supp. 2d 1169, 1179 n.57 (D. Kan. 2005). The \"deterrence\" provision of Section 1985(2) provides that \"[i]f two or more persons in any State or Territory conspire to deter, by force, intimidation, or threat, any party or witness in any court of the United States from attending such court, or from testifying to any matter pending therein, freely, fully, and truthfully ... the party so injured or deprived may have an action for the recovery of damages occasioned by such injury or deprivation, against any one or more of the conspirators.\" 42 U.S.C. \u00a7 1985(2). To establish a deterrence claim under Section 1985(2), plaintiff must show (1) a conspiracy, (2) that defendants intended to deter testimony by force or intimidation and (3) that plaintiff suffered injury. Brever v. Rockwell Int'l Corp., 40 F.3d 1119, 1126 (10th Cir. 1994). Under the Supreme Court's functional test of absolute legislative immunity, whether immunity attaches turns not on the official's identity, or even on the official's motive or intent, but on the nature of the act in question. See Bogan v. Scott-Harris, 523 U.S. 44, 54, 118 S.Ct. 966, 140 L.Ed.2d 79 (1998); Forrester v. White, 484 U.S. 219, 224, 108 S.Ct. 538, 98 L.Ed.2d 555 (1988). More specifically, legislative immunity shields an official from liability if the act in question was undertaken \"in the sphere of legitimate legislative activity.\" Bogan, 523 U.S. at 54, 118 S.Ct. 966. Local legislators, like their counterparts on the state and regional levels, are entitled to absolute immunity for their legislative activities. Id. at 49, 118 S.Ct. 966. As a matter of law, Wasinger and Douglass argue that they are entitled to absolute immunity for their comments at the Board meetings on June 9 and June 25, 2020 because the Board was making decisions that impacted GCCC's budget. Specifically, Wasinger and Douglass stated that students and faculty and the Garden City community would feel the financial effects of civil rights claims against GCCC. These comments 2/17/25, 2:55 Douglass v. Garden City Cmty. Coll., 652 F. Supp. 3d 1329 | Casetext Search + Citator 35/38 directly responded to a proposed $494,000 increase to GCCC's annual insurance premium and deductible, and because of this increase, the Board at least ratified Ruda's decision to eliminate 11 positions at GCCC. Kansas law authorizes the board to establish the budget and to affix employment decisions based on the President's recommendation. See K.S.A. \u00a7 71-201(5); K.S.A. \u00a7 71-612. Funding choices are \"discretionary, policymaking decision[s] implicating the budgetary priorities of the [state] and the services the [state] provides.\" Bogan, 523 U.S. at 55-56, 118 S.Ct. 966; see also Sable v. Myers, 563 F.3d 1120, 1124-25 (10th Cir. 2009) (mayor's introduction of *1358 1358 budget was legislative function because it was integral step in legislative process); Burnett v. Fallin, 785 F. App'x 546, 553 (10th Cir. 2019) (legislative immunity applies to \"discretionary policy-making decisions that implicated budgetary priorities for the State\"); Almonte v. City of Long Beach, 478 F.3d 100, 107 (2d Cir. 2007) (legislative immunity cloaks not only vote on budgetary resolutions, but discussions and agreements of Council members). Because the comments by Wasinger and Douglass implicated the budgetary priorities for the state, the Court finds that as a matter of law, they are absolutely immune from suit for comments at the meetings in June of 2020. The Court therefore sustains the motion for summary judgment of Wasinger and Douglass on this claim that Garden City Community College Defendants' Motion For Summary Judgment Against Plaintiff Antonia Douglass (Doc. #268) filed November 16, 2022 is and PART. The Court sustains defendants' motion on plaintiff's (1) Section 1983 Monell claim against based on the comments by Trustees Wasinger and Douglass comments at the Board meetings in June of 2020, the Trustees' decision to close the public comment sessions of Board meetings, the Goheen Report and public disparagement (2) Section 1983 claims for retaliation based on the comments at Board meetings in June of 2020, the decision to close public comment sessions, Goheen Report and public disparagement (3) Section 2/17/25, 2:55 Douglass v. Garden City Cmty. Coll., 652 F. Supp. 3d 1329 | Casetext Search + Citator 36/38 1983 claims for conspiracy to retaliate in violation of the First Amendment regarding the comments at Board meetings in June of 2020 and the public comment sessions, (4) Section 1983 procedural due process claim and (5) Section 1985 claim. As to Knapp, the Court sustains defendants' motion on plaintiff's Section 1983 claim for First Amendment retaliation and conspiracy to retaliate in violation of the First Amendment. The Court overrules defendants' motion on plaintiff's Section 1983 claims against Dozier, Swender and the Trustees for (1) First Amendment retaliation regarding the Notice and (2) conspiracy to retaliate in violation of the First Amendment by issuing and enforcing the Notice. As to GCCC, the Court also overrules defendants' motion on plaintiff's (1) Section 1983 Monell claims for the Notice and conspiracy to issue and enforce the Notice and (2) Title retaliation claims regarding the Notice and retaliatory harassment. According, the following claims remain. Under Section 1983, plaintiff alleges that: (1) Dozier, Swender and the Trustees violated plaintiff's First Amendment rights by issuing and enforcing the Notice in retaliation for plaintiff's protected speech on April 10, 2018; (2 is liable under Monell for the allegedly retaliatory Notice; (3) Dozier, Swender and the Trustees conspired to violate plaintiff's First Amendment rights by issuing and enforcing the Notice; and (4 is liable under Monell for the alleged conspiracy to retaliate through the Notice. Under Title IX, plaintiff alleges that GCCC: (1) retaliated against plaintiff for her protected conduct on April 10, 2018 when it issued and enforced the Notice and (2) harassed plaintiff in retaliation for the same protected conduct. About us Jobs News 2/17/25, 2:55 Douglass v. Garden City Cmty. Coll., 652 F. 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If you listen to 105.7 and are experiencing reception problems, you can always listen to its programming through the streaming player above. Sexual Harassment Claims Put Garden City Community College President Under Fire High Plains Public Radio | By Angie Haflich Published May 10, 2018 at 4:52 Josh Harbour Garden City Community College President, Herbert Swender, listens to a faculty senate report that calls for his resignation over the handling of accusations that a former cheer coach at the school sexually harassed cheerleaders. Donate World Service High Plains Public Radio 2/17/25, 2:56 Sexual Harassment Claims Put Garden City Community College President Under Fire 1/11 The president of Garden City Community College faces growing pressure to resign over a range of sexual harassment issues at the school and a threat to its accreditation. This week, the college\u2019s faculty senate demanded Herbert Swender step down \u2014 citing what it says was a too-slow reaction to accusations that a coach sexually harassed former cheerleaders and directed racist remarks at them. Local residents echoed those sentiments to the school\u2019s board of trustees. Meanwhile, the community college faces possible suspension of its accreditation. At the center of criticism directed toward Swender is the handling of complaints against cheer coach Brice Knapp. Faculty members and some people in the Garden City area contend that Swender learned in 2015 that some cheerleaders Knapp had coached said he sexually harassed them. Other cheerleaders he had coached have come to his defense, but Knapp resigned in March. Swender and the college\u2019s attorney did not respond to requests for comment. At a meeting Tuesday, the school\u2019s board of trustees received a packet from the faculty senate criticizing Swender for failing to act on complaints about Knapp. The faculty group said that seeming inaction was cause for the trustees to demand his resignation or fire him. The board also got a letter at the meeting from more than two dozen self-described \u201ccollege stakeholders\u201d calling on the board to dump Swender and the school athletic director would like to know what have you done, what are you implementing, what changes are happening,\u201d local resident Toni Douglass told the board World Service High Plains Public Radio 2/17/25, 2:56 Sexual Harassment Claims Put Garden City Community College President Under Fire 2/11 Credit Josh Harbour At a trustees meeting, former cheerleader Jade Denton shared some of the inappropriate and racist comments made by former cheer coach Brice Knapp. Former cheerleader Jade Denton told the board she heard Knapp make comments she found sexually inappropriate while coaching the cheer team. \u201cMy teammate was stretching and doing splits and she said, \u2018Look, coach got my last split,\u2019 and he replied, \u2018Looks like somebody got more flexible in Canada,\u2019 knowing she went with her boyfriend,\u201d Denton said while fighting back tears. \u201cAnd then he says should send all my girls to Canada.\u2019\u201d Denton said she also heard Knapp use racial slurs toward some of the cheerleaders, including a Hispanic woman, whom Denton said was afraid to perform a jump. \u201cShe was scared to jump over the tallest one, so Brice says, 'Jump over it like your family jumps over the border,\u2019\u201d Denton said. But several former male and female cheerleaders came to Knapp's defense. Mercedez Showers, for instance, called him \u201cfamily,\u201d while others called him a \u201cfather figure.\u201d Former cheerleader Jake Hawkins said Knapp\u2019s door was always open to the cheer team. Knapp sometimes chose his words poorly, Hawkins said, \u201cbut he always meant well in his heart.\u201d Another former cheerleader, Amber Tackett, said she never observed Knapp saying negative things or things that made her feel uncomfortable World Service High Plains Public Radio 2/17/25, 2:56 Sexual Harassment Claims Put Garden City Community College President Under Fire 3/11 The faculty senate\u2019s packet also accused Swender of inappropriate conduct at the school. It said he belittled, denigrated and harassed \u201cstudents, employees, volunteers and the community.\u201d The faculty group said he called two professors \u201cHot Lips Houlihan\u201d and on several occasions, told employees to come get \u201cbirthday spankings.\u201d Swender and the college\u2019s attorney did not respond to requests for comment. Swender is also leading a school that in 2017 was placed on two-year accreditation probation by the Higher Learning Commission. Credit Josh Harbour Drama Instructor and incoming Faculty Senate President Philip Hoke presents a report claiming inaction by the community college in the handling of sexual harassment accusations and its accreditation process to the college's board of trustees. Philip Hoke, a drama instructor and incoming faculty senate president, told trustees that the is \u201cwatching everything we are doing, they are hearing every report, every letter to the editor, every video on YouTube. .. They will shut us down if we do not clean house.\u201d The accreditation group\u2019s website says the community college has until Oct. 1 to deliver evidence that it has come in compliance with degree programs, assessments of student learning and other issues. Peer reviewers from are scheduled to visit the campus in early November World Service High Plains Public Radio 2/17/25, 2:56 Sexual Harassment Claims Put Garden City Community College President Under Fire 4/11 Ryan Ruda, vice president of instruction and student services, said the college is working toward satisfying HLC\u2019s requirements significant amount of work has been done to enhance these processes and develop sustainability measures that ensure that these processes continue as we go forward,\u201d Ruda said. In a campus-wide email following the meeting Tuesday, instructors in the welding department stood at odds with the faculty senate and said Swender had helped their department flourish. \u201cDr. Swender has always been in our corner as faculty and as a friend,\u201d the email said. \u201cHe has our full support.\u201d Angie Haflich is news director for High Plains Public Radio. The Kansas News Service is a collaboration of KCUR, Kansas Public Radio and covering health, education and politics. Kansas News Service stories and photos may be republished at no cost with proper attribution and a link back to the original post. Tags News Garden City Community College Garden City Kansas higher education sexual harrassment Kansas News Service World Service High Plains Public Radio 2/17/25, 2:56 Sexual Harassment Claims Put Garden City Community College President Under Fire 5/11 Kansas City man who shot Ralph Yarl will avoid trial, pleads guilty to assault Peggy Lowe, February 14, 2025 Andrew Lester was originally charged with two felonies for shooting then-16-year-old Ralph Yarl when the teen mistakenly rang the doorbell at Lester\u2019s home late one night in April 2023. Yarl's mother called for Lester to face consequences that reflect \"the seriousness of his crime World Service High Plains Public Radio 2/17/25, 2:56 Sexual Harassment Claims Put Garden City Community College President Under Fire 6/11 News Eviction records can follow tenants indefinitely. Sedgwick County legislators are proposing a change Celia Hack, February 12, 2025 The bill proposes requiring courts to automatically seal certain eviction records and expunge others after two years World Service High Plains Public Radio 2/17/25, 2:56 Sexual Harassment Claims Put Garden City Community College President Under Fire 7/11 News After tuberculosis outbreak, Wyandotte County parts ways with health director Bek Shackelford-Nwanganga, February 12, 2025 Emails show behind-the-scenes conflict as the Kansas City-area tuberculosis outbreak grew to one of the largest in U.S. history. The county's health director is no longer with the agency as of Tuesday World Service High Plains Public Radio 2/17/25, 2:56 Sexual Harassment Claims Put Garden City Community College President Under Fire 8/11 News Wichitans have passed out thousands of Know Your Rights cards as immigration enforcement ramps up Meg Britton-Mehlisch, February 11, 2025 Immigration rights advocates hope a worried community finds facts and power in the pocket- sized red cards World Service High Plains Public Radio 2/17/25, 2:56 Sexual Harassment Claims Put Garden City Community College President Under Fire 9/11 Stay Connected \u00a9 2025 1.800.678.7444 News shortage of public defense attorneys in Kansas could result in courts throwing out criminal cases Dylan Lysen, February 11, 2025 Kansas is facing a crisis when it comes to defending accused criminals who cannot afford their own attorneys shrinking number of rural attorneys is making it harder. If the problem is not addressed there is a risk that courts will throw out criminal cases \u2022 4:28 World Service High Plains Public Radio 2/17/25, 2:56 Sexual Harassment Claims Put Garden City Community College President Under Fire 10/11 210 7th Street, Garden City 67846 3701 Plains Blvd, Ste. 1001, Amarillo 79102 World Service High Plains Public Radio 2/17/25, 2:56 Sexual Harassment Claims Put Garden City Community College President Under Fire 11/11", "8404_105.pdf": "Federal Cases ( Douglass v. Garden City Cmty. Coll. Decision Date 18 May 2021 Docket Number No. 20-2076 Parties and EVERETT, Plaintiffs, v COLLEGE, et al., Defendants. Court U.S. District Court \u2014 District of Kansas Your World of Legal Intelligence (/) United States | 1-800-335-6202 Document Cited authorities 25 Cited in Precedent Map Related and EVERETT, Plaintiffs, v COLLEGE, et al., Defendants No. 20-2076 May 18, 2021 On September 16, 2020, Antonia Douglass and Elizabeth Everett filed an amended complaint against Garden City Community College (\"GCCC\"), Herbert J. Swender, Rodney Dozier, Merilyn Douglass, Blake Wasinger, Jeff Crist, Steve Martinez, Teri Worf, Brice Knapp, Freddie Strawder and Garden City, Kansas through its police department. Plaintiffs allege retaliation under Title IX, 20 U.S.C. \u00a7 1681 et seq. ( and violations of federal civil rights under the First, Fourth, Fifth and Fourteenth Amendments, U.S. Const. amends. I, IV, V, XIV, and 42 U.S.C. \u00a7 1983 ( First Amended Complaint (Doc. #34). This matter is before the Court on the Motion To Dismiss Elizabeth Everett's Claim (Partial) By Defendants Jeff Crist, Merilyn Douglass, Rodney Dozier, Garden City Community College, Brice Knapp, Steve Martinez, Herbert J. Swender, Blake Wasinger, Teri Worf (Doc. #44) filed October 14, 2020, pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons stated below, the Court overrules in part and sustains in part defendants' motion 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 Legal Standard In ruling on a motion to dismiss under Rule 12(b)(6), Fed. R. Civ. P., the Court assumes as true all well- pleaded factual allegations and determines whether they plausibly give rise to an entitlement of relief. Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009) ( To survive a motion to dismiss, a complaint must contain sufficient factual matter to state a claim which is plausible\u2014not merely conceivable\u2014on its face. Id. at 679-80 ( iqbal-no-890935004); Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). In determining whether a complaint states a plausible claim for relief, the Court draws on its judicial experience and common sense. Iqbal, 556 U.S. at 679 ( The Court need not accept as true those allegations which state only legal conclusions. See id. ( law.vlex.com/vid/ashcroft-v-iqbal-no-890935004) Plaintiffs bear the burden of framing their claim with enough factual matter to suggest that they are entitled to relief; it is not enough to make threadbare recitals of a cause of action accompanied by conclusory statements. See Twombly, 550 U.S. at 556. Plaintiffs make a facially plausible claim by pleading factual content from which the Court can reasonably infer that defendants are liable for the alleged misconduct. Iqbal, 556 U.S. at 678 ( Plaintiffs must show more than a sheer possibility that defendants have acted unlawfully\u2014it is not enough to plead facts that are \"merely consistent with\" defendants' liability. Id. ( law.vlex.com/vid/ashcroft-v-iqbal-no-890935004) (quoting Twombly, 550 U.S. at 557 pleading which offers labels and conclusions, a formulaic recitation of the elements of a cause of action or naked assertions devoid of further factual enhancement will not stand. Id. ( law.vlex.com/vid/ashcroft-v-iqbal-no-890935004) Similarly, where the well-pleaded facts do not permit the Court to infer more than the mere possibility of misconduct, the pleading has alleged\u2014but has not \"shown\"\u2014that the pleader is entitled to relief. Id. at 679 ( no-890935004). The degree of specificity necessary to establish plausibility and fair notice depends on context because what constitutes fair notice under Rule 8(a)(2), Fed. R. Civ. P., depends on the type of case. Robbins v. Oklahoma, 519 F.3d 1242, 1248 (10th Cir. 2008) ( oklahoma-no-889389835). When ruling on a Rule 12(b)(6) motion, the Court does not analyze potential evidence that the parties might produce or resolve factual disputes. Jacobsen v. Deseret Book Co., 287 F.3d 936, 941 (10th Cir. 2002) ( The Court accepts well- pleaded allegations as true and views them inthe light most favorable to the non-moving party. Sutton v. Utah State Sch. For Deaf & Blind, 173 F.3d 1226, 1236 (10th Cir. 1999) ( law.vlex.com/vid/sutton-v-utah-state-892511841). Factual Background Plaintiffs' amended complaint alleges the following: In 2018, Elizabeth Everett was a student at and a freshman member of the cheer squad. First Amended Complaint (Doc. #34), \u00b6\u00b6 7, 37. Everett recently had made informal reports that (1) from the fall of 2017 through the spring of 2018, her cheer coach Brice Knapp had sexually harassed her and (2) in February of 2018, a fellow cheer squad member Henry Arenas blackmailed her and demanded that she perform sexual acts with him or he would publicly release a compromising party picture of her. Id., \u00b6\u00b6 39, 43. Coach Knapp had been the subject of several prior sexual harassment complaints involving cheer women, and GCCC's Athletic Director (\"AD\") John Green knew about these complaints. Id., \u00b6 43. On or about Friday, February 23, 2018, after normal business hours Green called Everett into his office for an impromptu meeting. Id., \u00b6\u00b6 36-37. Everett did not know the purpose of the meeting and showed up alone. Id., \u00b6\u00b6 37, 44. When Everett entered the meeting Green, Coach Knapp and Arenas confronted her, \"literally and figuratively\" cornering her, and tried to convince her that her informal reports were wrong because none of their actions were \"offensive, inappropriate or amounted to sexual harassment 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 Id., \u00b6\u00b6 40, 43. Everett realized that the meeting was an \"unsanctioned Title hearing\" and a preemptive measure to tamp down her informal reports. Id., \u00b6\u00b6 39, 44. Everett believed that Green, Coach Knapp and Arenas intended the meeting to be \"a deterrent or warning to women in athletics or women in general on campus [to] not question male authority or raise claims of sexual harassment because they will not be well-received.\" Id., \u00b6 45. GCCC's Title coordinator was not present during the meeting. Id., \u00b6 43. Feeling intimidated, Everett texted Antonia Douglass, a host mom for student athletes, for help. Id., \u00b6\u00b6 7, 40. Douglass arrived on campus and went to Green's office. Id., \u00b6 48. The assistant met her outside of Green's door. Id. Douglass explained that Everett had sent her an urgent text message and asked her to come to the meeting. Id. The assistant stalled for time and refused to move from blocking the entrance. Id. Douglass grew increasingly concerned and finally told the assistant \"to step aside or she would call law enforcement based on Everett's plea, because something was wrong.\" Id., \u00b6 50. When Douglass entered the office, she found Everett curled up in a chair in the corner, cowering in fear and surrounded by Green, Coach Knapp and Arenas. Id., \u00b6 51. Everett was relieved to see Douglass and left with her shortly thereafter. Id., \u00b6 52. After the meeting, Douglass encouraged Everett to tell Everett's mother about the cheer squad's sexual harassment issues. Id., \u00b6\u00b6 56-59. When Everett told her mother, her mother recalled that in the summer of 2017, Blake Wasinger\u2014a member of the Board of Trustees (\"the Board\") and a doctor who performed physicals for student athletes\u2014told her to \"be careful about the cheer coach and [her] daughter's participation in cheer.\" Id., \u00b6\u00b6 59, 60. Trustee Wasinger's comment especially concerned Everett's mother because at the time, Everett was 17. Id. Everett's mother had approached Coach Knapp about the odd comment, but he assured her that he would watch out for her daughter. Id., \u00b6 60. Everett's mother now believed that Trustee Wasinger's comment was about Coach Knapp himself, and his prior sexual harassment issues. Id., \u00b6 62. The Everetts trusted that Board members would take action and address the multiple Title claims brought against Coach Knapp. Id., \u00b6\u00b6 66-74. On April 10, 2018, at a Board meeting, Everett's mother spoke during the public comment portion, but the Board wasunreceptive and indifferent. Id., \u00b6\u00b6 84-88. The Board also refused to reopen the public comment portion of the meeting for a female cheer student who wanted to comment on the cheer squad sexual harassment situation. Id., \u00b6\u00b6 84-85. At some point, the local newspaper publicized stories about the cheer scandal, and eventually severed ties with Coach Knapp. Id., \u00b6\u00b6 93, 105 and the Board, however, started to retaliate against Everett for bringing her Title complaint. Id., \u00b6 104. In particular, on or about May 9 or 10, 2018, someone called the Garden City Police Department (\"GCPD\") and reported that in a text exchange, Everett had made a criminal threat against a peer. Id., \u00b6\u00b6 165-67. On May 10, the arrested Everett for making a criminal threat and causing terror, evacuation or disruption. Id., \u00b6 165. She stayed in jail overnight, and unknown individuals with access to the jail brought Everett's accuser through the jail, where the peer taunted her from outside her cell. Id., \u00b6\u00b6 171-72. Detective Freddie Strawder, a employee and an adjunct criminal justice instructor at GCCC, admitted in his official police report that the lacked probable cause to arrest Everett for her text. Id., \u00b6\u00b6 160, 163. Everett believes that Detective Strawder told the peer what to text her in order to coax her into allegedly making a criminal threat. Id., \u00b6\u00b6 164-67. She also believes that President Herbert Swender, with the support of the Trustees and the Campus Chief of Police Rodney Dozier, directed someone at to call Detective Strawder to report the text. Id. Meanwhile, in the summer of 2018, the Board hired an independent investigator to look into the cheer squad scandal and related Title allegations. Id., \u00b6 80. In January of 2019, the Board voted to approve the report even though it contained misstatements of fact and fraudulent findings. Id., \u00b6\u00b6 80-81. After the Title allegations came to light, Everett was denied educational opportunities because she could not participate in extracurricular activities; lost friends and washeld up to public contempt and ridicule; and suffered extreme emotional distress that affected her grades and overall wellness. Id., \u00b6 179 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 Analysis Everett sues GCCC, GCCC's former President Swender, several members of the Board of Trustees, Coach Knapp Campus Chief of Police Dozier, Detective Strawder and Garden City, Kansas through the GCPD. She alleges the... 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", "8404_106.pdf": "and EVERETT, ) Plaintiffs v. ) ) No. 20-2076 ) COLLEGE, et al., ) ) Defendants. ) __________________________________________ On September 16, 2020, Antonia Douglass and Elizabeth Everett filed an amended complaint against Garden City Community College (\u201cGCCC\u201d), Herbert J. Swender, Rodney Dozier, Merilyn Douglass, Blake Wasinger, Jeff Crist, Steve Martinez, Teri Worf, Brice Knapp, Freddie Strawder and Garden City, Kansas through its police department. Plaintiffs allege retaliation under Title IX, 20 U.S.C. \u00a7 1681 et seq., and violations of federal civil rights under the First, Fourth, Fifth and Fourteenth Amendments, U.S. Const. amends. I, IV, V, XIV, and 42 U.S.C. \u00a7 1983. First Amended Complaint (Doc. #34). This matter is before the Court on the Motion To Dismiss Elizabeth Everett\u2019s Claim (Partial) By Defendants Jeff Crist, Merilyn Douglass, Rodney Dozier, Garden City Community College, Brice Knapp, Steve Martinez, Herbert J. Swender, Blake Wasinger, Teri Worf (Doc. #44) filed October 14, 2020, pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons stated below, the Court overrules in part and sustains in part defendants\u2019 motion. Legal Standard In ruling on a motion to dismiss under Rule 12(b)(6), Fed. R. Civ. P., the Court assumes as true all well-pleaded factual allegations and determines whether they plausibly give rise to an Case 2:20-cv-02076 Document 88 Filed 05/18/21 Page 1 of 19 -2- entitlement of relief. Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009). To survive a motion to dismiss, a complaint must contain sufficient factual matter to state a claim which is plausible\u2014not merely conceivable\u2014on its face. Id. at 679\u201380; Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). In determining whether a complaint states a plausible claim for relief, the Court draws on its judicial experience and common sense. Iqbal, 556 U.S. at 679. The Court need not accept as true those allegations which state only legal conclusions. See id. Plaintiffs bear the burden of framing their claim with enough factual matter to suggest that they are entitled to relief; it is not enough to make threadbare recitals of a cause of action accompanied by conclusory statements. See Twombly, 550 U.S. at 556. Plaintiffs make a facially plausible claim by pleading factual content from which the Court can reasonably infer that defendants are liable for the alleged misconduct. Iqbal, 556 U.S. at 678. Plaintiffs must show more than a sheer possibility that defendants have acted unlawfully\u2014it is not enough to plead facts that are \u201cmerely consistent with\u201d defendants\u2019 liability. Id. (quoting Twombly, 550 U.S. at 557 pleading which offers labels and conclusions, a formulaic recitation of the elements of a cause of action or naked assertions devoid of further factual enhancement will not stand. Id. Similarly, where the well-pleaded facts do not permit the Court to infer more than the mere possibility of misconduct, the pleading has alleged\u2014but has not \u201cshown\u201d\u2014that the pleader is entitled to relief. Id. at 679. The degree of specificity necessary to establish plausibility and fair notice depends on context because what constitutes fair notice under Rule 8(a)(2), Fed. R. Civ. P., depends on the type of case. Robbins v. Oklahoma, 519 F.3d 1242, 1248 (10th Cir. 2008). When ruling on a Rule 12(b)(6) motion, the Court does not analyze potential evidence that the parties might produce or resolve factual disputes. Jacobsen v. Deseret Book Co., 287 F.3d 936, 941 (10th Cir. 2002). The Court accepts well-pleaded allegations as true and views them in Case 2:20-cv-02076 Document 88 Filed 05/18/21 Page 2 of 19 -3- the light most favorable to the non-moving party. Sutton v. Utah State Sch. For Deaf & Blind, 173 F.3d 1226, 1236 (10th Cir. 1999). Factual Background Plaintiffs\u2019 amended complaint alleges the following: In 2018, Elizabeth Everett was a student at and a freshman member of the cheer squad. First Amended Complaint (Doc. #34), \u00b6\u00b6 7, 37. Everett recently had made informal reports that (1) from the fall of 2017 through the spring of 2018, her cheer coach Brice Knapp had sexually harassed her and (2) in February of 2018, a fellow cheer squad member Henry Arenas blackmailed her and demanded that she perform sexual acts with him or he would publicly release a compromising party picture of her. Id., \u00b6\u00b6 39, 43. Coach Knapp had been the subject of several prior sexual harassment complaints involving cheer women, and GCCC\u2019s Athletic Director (\u201cAD\u201d) John Green knew about these complaints. Id., \u00b6 43. On or about Friday, February 23, 2018, after normal business hours Green called Everett into his office for an impromptu meeting. Id., \u00b6\u00b6 36\u201337. Everett did not know the purpose of the meeting and showed up alone. Id., \u00b6\u00b6 37, 44. When Everett entered the meeting Green, Coach Knapp and Arenas confronted her, \u201cliterally and figuratively\u201d cornering her, and tried to convince her that her informal reports were wrong because none of their actions were \u201coffensive, inappropriate or amounted to sexual harassment.\u201d Id., \u00b6\u00b6 40, 43. Everett realized that the meeting was an \u201cunsanctioned Title hearing\u201d and a preemptive measure to tamp down her informal reports. Id., \u00b6\u00b6 39, 44. Everett believed that Green, Coach Knapp and Arenas intended the meeting to be \u201ca deterrent or warning to women in athletics or women in general on campus [to] not question male authority or raise claims of sexual harassment because they will not be well- received.\u201d Id., \u00b6 45. GCCC\u2019s Title coordinator was not present during the meeting. Id., \u00b6 43. Case 2:20-cv-02076 Document 88 Filed 05/18/21 Page 3 of 19 -4- Feeling intimidated, Everett texted Antonia Douglass, a host mom for student athletes, for help. Id., \u00b6\u00b6 7, 40. Douglass arrived on campus and went to Green\u2019s office. Id., \u00b6 48. The assistant met her outside of Green\u2019s door. Id. Douglass explained that Everett had sent her an urgent text message and asked her to come to the meeting. Id. The assistant stalled for time and refused to move from blocking the entrance. Id. Douglass grew increasingly concerned and finally told the assistant \u201cto step aside or she would call law enforcement based on Everett\u2019s plea, because something was wrong.\u201d Id., \u00b6 50. When Douglass entered the office, she found Everett curled up in a chair in the corner, cowering in fear and surrounded by Green, Coach Knapp and Arenas. Id., \u00b6 51. Everett was relieved to see Douglass and left with her shortly thereafter. Id., \u00b6 52. After the meeting, Douglass encouraged Everett to tell Everett\u2019s mother about the cheer squad\u2019s sexual harassment issues. Id., \u00b6\u00b6 56\u201359. When Everett told her mother, her mother recalled that in the summer of 2017, Blake Wasinger\u2014a member of the Board of Trustees (\u201cthe Board\u201d) and a doctor who performed physicals for student athletes\u2014told her to \u201cbe careful about the cheer coach and [her] daughter\u2019s participation in cheer.\u201d Id., \u00b6\u00b6 59, 60. Trustee Wasinger\u2019s comment especially concerned Everett\u2019s mother because at the time, Everett was 17. Id. Everett\u2019s mother had approached Coach Knapp about the odd comment, but he assured her that he would watch out for her daughter. Id., \u00b6 60. Everett\u2019s mother now believed that Trustee Wasinger\u2019s comment was about Coach Knapp himself, and his prior sexual harassment issues. Id., \u00b6 62. The Everetts trusted that Board members would take action and address the multiple Title claims brought against Coach Knapp. Id., \u00b6\u00b6 66\u201374. On April 10, 2018, at a Board meeting, Everett\u2019s mother spoke during the public comment portion, but the Board was Case 2:20-cv-02076 Document 88 Filed 05/18/21 Page 4 of 19 -5- unreceptive and indifferent. Id., \u00b6\u00b6 84\u201388. The Board also refused to reopen the public comment portion of the meeting for a female cheer student who wanted to comment on the cheer squad sexual harassment situation. Id., \u00b6\u00b6 84\u201385. At some point, the local newspaper publicized stories about the cheer scandal, and eventually severed ties with Coach Knapp. Id., \u00b6\u00b6 93, 105 and the Board, however, started to retaliate against Everett for bringing her Title complaint. Id., \u00b6 104. In particular, on or about May 9 or 10, 2018, someone called the Garden City Police Department (\u201cGCPD\u201d) and reported that in a text exchange, Everett had made a criminal threat against a peer. Id., \u00b6\u00b6 165\u201367. On May 10, the arrested Everett for making a criminal threat and causing terror, evacuation or disruption. Id., \u00b6 165. She stayed in jail overnight, and unknown individuals with access to the jail brought Everett\u2019s accuser through the jail, where the peer taunted her from outside her cell. Id., \u00b6\u00b6 171\u201372. Detective Freddie Strawder, a employee and an adjunct criminal justice instructor at GCCC, admitted in his official police report that the lacked probable cause to arrest Everett for her text. Id., \u00b6\u00b6 160, 163. Everett believes that Detective Strawder told the peer what to text her in order to coax her into allegedly making a criminal threat. Id., \u00b6\u00b6 164\u201367. She also believes that President Herbert Swender, with the support of the Trustees and the Campus Chief of Police Rodney Dozier, directed someone at to call Detective Strawder to report the text. Id. Meanwhile, in the summer of 2018, the Board hired an independent investigator to look into the cheer squad scandal and related Title allegations. Id., \u00b6 80. In January of 2019, the Board voted to approve the report even though it contained misstatements of fact and fraudulent findings. Id., \u00b6\u00b6 80\u201381. After the Title allegations came to light, Everett was denied educational opportunities because she could not participate in extracurricular activities; lost friends and was Case 2:20-cv-02076 Document 88 Filed 05/18/21 Page 5 of 19 -6- held up to public contempt and ridicule; and suffered extreme emotional distress that affected her grades and overall wellness. Id., \u00b6 179. Analysis Everett sues GCCC, GCCC\u2019s former President Swender, several members of the Board of Trustees, Coach Knapp Campus Chief of Police Dozier, Detective Strawder and Garden City, Kansas through the GCPD. She alleges the following claims: (1) Title retaliation and hostile education environment by in violation of 20 U.S.C. \u00a7 1681 et seq.; (2) false arrest and malicious prosecution under the Fourth and Fourteenth Amendments, U.S. Const. amends. IV, XIV, and 42 U.S.C. \u00a7 1983 by Detective Strawder in his individual and official capacities and Garden City, Kansas through the under Monell v. Department of Social Services, 436 U.S. 658 (1978); (3) conspiracy to interfere with civil rights under 42 U.S.C. \u00a7 1983 by individual defendants in their individual and official capacities, and under Monell; (4) conspiracy to interfere with civil rights under 42 U.S.C. \u00a7 1985(2) by Trustees Wasinger and Douglass in their individual capacities; and (5) an Equal Protection violation under 42 U.S.C. \u00a7 1983 by Coach Knapp in his individual and official capacities.1 GCCC, President Swender, Chief Dozier, Coach Knapp and Trustees Crist, Douglass, Martinez, Wasinger and Worf move to dismiss the following claims for failure to state a claim: (1) Section 1983 conspiracy claims against and the individual defendants in their individual and official capacities; (2) Section 1985(2) conspiracy claims against Trustees Wasinger and Douglass in their individual capacities; and (3) the Equal Protection claim against Coach Knapp in his official capacity. In the alternative, they move to dismiss as redundant plaintiff\u2019s official 1 Plaintiff voluntarily dismissed without prejudice the Section 1985(3) claim for conspiracy, numbered in the amended complaint as Count VII. Memorandum In Opposition By Plaintiff Elizabeth Everett (Doc. #65) at 7 n.5. Case 2:20-cv-02076 Document 88 Filed 05/18/21 Page 6 of 19 -7- capacity claims against individual defendants and to dismiss under qualified immunity plaintiff\u2019s Section 1983 and Section 1985(2) conspiracy claims against individual defendants. See, e.g., N.E.L. v. Douglas Cty., Colo., 740 F. App\u2019x 920, 928 (10th Cir. 2018) (detailing threshold to overcome qualified immunity). Defendants generally argue that (1) plaintiff has failed to sufficiently plead facts to support her claims and (2) the documents that plaintiff \u201cincorporated by reference\u201d but did not include in her amended complaint demonstrate that plaintiff is misstating alleged facts. Specifically, in her amended complaint, plaintiff \u201cincorporates by reference\u201d online public videos of the Board of Trustees\u2019 meetings but does not attach them as exhibits. See, e.g., First Amended Complaint (Doc. #34), \u00b6\u00b6 87, 370. On a motion to dismiss, the Court cannot legally consider extrinsic evidence outside the complaint. See Fed. R. Civ. P. 12(d); see, e.g Corp. v. Associated Wholesale Grocers, Inc., 130 F.3d 1381, 1384 (10th Cir. 1997) (court must exclude outside material unless motion converted to one for summary judgment under Rule 56). Further, while the Court may take judicial notice of matters in the public record such as the Board\u2019s public meetings videos, such notice is limited to the document\u2019s existence, not its accuracy. More to the point, under Rule 8(a), Fed. R. Civ. P., a pleading that states a claim for relief must contain a \u201cshort and plain statement of the claim.\u201d Evaluated against that standard, the purported \u201cincorporations by reference\u201d are surplusage, immaterial and impertinent. Accordingly, under Rule 12(f)(1), Fed. R. Civ. P., the Court strikes these references from plaintiff\u2019s amended complaint and does not consider them in deciding defendants\u2019 motion to dismiss. The Court now will consider each claim in turn. Case 2:20-cv-02076 Document 88 Filed 05/18/21 Page 7 of 19 -8- I. Conspiracy To Interfere With Civil Rights Under 42 U.S.C. \u00a7 1983 Plaintiff alleges that in violation of 42 U.S.C. \u00a7 1983, defendants conspired to deter her from speaking about Title issues on the campus by (1) orchestrating her false arrest on May 10, 2018, and (2) endorsing comments by Trustees Wasinger and Douglass at Board meetings on June 9 and June 25, 2020 that blamed lawsuits like plaintiff\u2019s for harming GCCC. First Amended Complaint (Doc. #34), \u00b6\u00b6 399, 418, 420. She alleges that the false arrest and comments caused psychological injury, emotional distress, reputational harm, bodily harm and economic harm because she had to pay for court costs, bond and criminal attorney\u2019s fees. Id., \u00b6\u00b6 418\u201319. She also alleges that defendants\u2019 actions intimidated her from testifying in court about the Title allegations. Id., \u00b6 420. As noted, plaintiff brings this claim against (1) the individual defendants in their individual and official capacities and (2 directly under Monell. Defendants seek to dismiss this claim on the following grounds: (1) plaintiff did not sufficiently plead facts identifying the specific dates, conversations, contacts or other details which would tend to show any agreement or concerted action among defendants; (2) the conspiracy claim against is redundant and should be dismissed because plaintiff named Trustees as defendants; (3) the individual defendants are entitled to qualified immunity because the law is not clearly established in this district; and (4) plaintiff\u2019s official capacity claims against the individual defendants are redundant. Memorandum In Support Of Defendants\u2019 Motion To Dismiss (Doc. #45) at 9\u201314. The Court considers each argument in turn. A. Section 1983 Allegations To succeed on a conspiracy claim under Section 1983, plaintiff must allege (1) specific facts that show an agreement and concerted action among defendants and (2) an actual deprivation of a constitutional right. Maier v. Kansas, No. 16-3219-SAC, 2017 552629, at *3 (D. Kan. Case 2:20-cv-02076 Document 88 Filed 05/18/21 Page 8 of 19 -9- Feb. 10, 2017). Plaintiff must allege facts that manifest a \u201cspecific goal to violate [plaintiff\u2019s] constitutional rights by engaging in a particular course of action.\u201d Bledsoe v. Jefferson Cnty., 275 F. Supp. 3d 1240, 1252 (D. Kan. 2017). Because direct evidence of an agreement to join a conspiracy is rare, the Court can infer assent \u201cfrom acts furthering the conspiracy\u2019s purpose.\u201d Id. The Court decides on a case-by-case basis whether plaintiff has alleged sufficient facts to support a conspiracy claim. Id. Defendants argue that plaintiff\u2019s allegations \u201care nothing more than a collated package of conclusory allegations with no basis in fact\u201d and that plaintiff identifies \u201cno other facts to support a conspiracy from the other defendants other than a collection of paragraphs that contain nothing more than speculation.\u201d Memorandum In Support Of Defendants\u2019 Motion To Dismiss (Doc. #45) at 9\u201310. Defendants also argue that plaintiff does not identify any specific dates, conversations, contacts or other details which would tend to show an agreement or concerted action among the defendants, in particular GCCC, the Trustees and Coach Knapp. Id. at 9. The Court disagrees. In the context of a motion to dismiss, plaintiff must put defendants on notice of her claims, not plead all of her evidence. See Fed. R. Civ. P. 8(a); see also Leatherman v. Tarrant Cty. Narcotics Intel. & Coordination Unit, 507 U.S. 163, 168 (1993) (requiring complaint include only \u201ca short and plain statement of the claim showing that the pleader is entitled to relief\u201d). Assuming as true plaintiff\u2019s well-pleaded factual allegations, plaintiff sufficiently pleads facts which create an inference that (1) on or around May 10, 2018, Detective Strawder, President Swender and other employees at had a meeting of the minds to orchestrate plaintiff\u2019s arrest in response to her Title allegations; (2 employees and the Trustees endorsed their behavior by accepting the flawed independent investigator\u2019s report and publicly shaming her at Board meetings; and (3) plaintiff\u2019s First Amendment rights of speech and Case 2:20-cv-02076 Document 88 Filed 05/18/21 Page 9 of 19 -10- association were violated as they intimidated, harassed and silenced her for reporting Title concerns.2 First Amended Complaint (Doc. #34), \u00b6\u00b6 66\u201373, 80\u201383, 118, 123, 153, 162, 179, 278, 399\u2013400, 418. The Court overrules defendants\u2019 motion to dismiss plaintiff\u2019s Section 1983 conspiracy claims. B. GCCC\u2019s Liability Under Monell Plaintiff alleges that under Monell is liable for constitutional violations by employees under custom or policy. First Amended Complaint (Doc. #34), \u00b6\u00b6 383\u2013420; Monell, 436 U.S. at 694. Local governments or municipalities, including GCCC, can be held liable for their employees\u2019 actions if they were taken pursuant to the \u201cofficial policy\u201d of GCCC. Pembaur v. City of Cincinnati, 475 U.S. 469, 479 (1986); Monell, 436 U.S. at 694. To allege liability under Monell and its progeny, plaintiff must allege (1) a constitutional violation by a municipal employee, (2) the existence of a municipal custom or policy and (3) a direct causal link between the custom or policy and the violation alleged. See Monell, 436 U.S. at 694; Hinton v. City of Elwood, Kan., 997 F.2d 774, 782 (10th Cir. 1993). Defendants argue that because plaintiff named the Trustees as defendants, plaintiff\u2019s claim against is redundant as is a municipality that can only act through its employees, officers and trustee members. Memorandum In Support Of Defendants\u2019 Motion To Dismiss (Doc. #45) at 10. Defendants do not cite any case law to support this assertion. Defendants further argue that plaintiff \u201cpleads no facts indicating how the entity was involved in the conspiracy\u201d and that plaintiff cannot hold liable under Monell because the underlying employees committed no constitutional violations. Id. at 10\u201311. 2 Notably, in their motion to dismiss, defendants do not challenge plaintiff\u2019s Title retaliation claims, which allege First Amendment violations by GCCC. See generally Memorandum In Support Of Defendants\u2019 Motion To Dismiss (Doc. #45). Case 2:20-cv-02076 Document 88 Filed 05/18/21 Page 10 of 19 -11- As stated above, plaintiff sufficiently alleges that GCCC\u2019s employees\u2014including President Swender, the Trustees, Chief Dozier and Coach Knapp\u2014violated plaintiff\u2019s constitutional rights when they conspired against her to deter her from reporting and testifying about Title issues by orchestrating her arrest and publicly blaming her for GCCC\u2019s financial woes. See, e.g., First Amended Complaint (Doc. #34), \u00b6\u00b6 66\u201373, 80\u201383, 118, 123, 153, 162, 179, 278, 399\u2013400, 418. Further, plaintiff alleges that these conspiratorial actions were based on GCCC\u2019s Title policy or custom to act in concert to silence and intimidate critics, cover up systemic abuse, protect abusers like Coach Knapp and inadequately enforce Title IX. Id., \u00b6\u00b6 64\u2013 81. Because plaintiff has alleged that the conspiratorial conduct of employees was taken pursuant to Title policy, it may be subject to municipal liability if the underlying conduct violated the Constitution. The Section 1983 claim against therefore survives under Monell. C. Qualified Immunity In the alternative, defendants argue that President Swender, Chief Dozier, Coach Knapp and Trustees Crist, Douglass, Martinez, Wasinger and Worf are entitled to qualified immunity on plaintiff\u2019s Section 1983 conspiracy claim because (1) plaintiff has not pled a constitutional claim against the individual defendants and (2) no case law \u201cwould have put [defendants] on notice it was \u2018beyond debate\u2019 that their actions violated the [C]onstitution.\u201d Defendants\u2019 Reply Memorandum (Doc. #85) at 7\u20138. To overcome an official\u2019s qualified immunity, plaintiff must demonstrate that (1) the official violated a statutory or constitutional right and (2) the law clearly establishes that right. N.E.L., 740 F. App\u2019x at 928 right is clearly established when every reasonable official would understand that what he or she is doing violates that right. Id. at 928\u2013 29. Case 2:20-cv-02076 Document 88 Filed 05/18/21 Page 11 of 19 -12- For the first factor, as discussed above, plaintiff has sufficiently pled that (1) she was engaged in protected First Amendment activities when she reported the Title violations and (2) President Swender, Detective Strawder, the Trustees and other employees conspired together to orchestrate her arrest, publicly blame her for GCCC\u2019s financial woes and deter her from reporting or testifying about her Title concerns. First Amended Complaint (Doc. #34), \u00b6\u00b6 66\u2013 73, 80\u201383, 118, 123, 153, 162, 179, 278, 399\u2013400, 418. For the second factor, the law is clear and more than 50 years ago, the Supreme Court set the standard: school authorities may not penalize students for speech which is non-disruptive, non- obscene and not school-sponsored. See Tinker v. Des Moines Ind. Cmty. Sch. Dist., 393 U.S. 503, 508\u201309 (1969) (school authorities cannot punish students for exercising freedom of expression where speech does not \u201cmaterially and substantially interfere with the requirements of appropriate discipline in the operation of the school\u201d or intrude on rights of other students; \u201cundifferentiated fear or apprehension of disturbance\u201d not enough to overcome right to freedom of expression); cf. Hazelwood Sch. Dist. v. Kuhlmeier, 484 U.S. 260, 273 (1988) (school authorities can exercise greater control over students\u2019 speech when it involves \u201cschool-sponsored expressive activities\u201d); Bethel Sch. Dist. No. 403 v. Fraser, 478 U.S. 675, 685 (1986) (school authorities could penalize student for lewd and indecent speech). The geographical scope of the test clearly encompasses plaintiff\u2019s claims. Additionally, the First Amendment establishes the right to testify truthfully at trial, especially where plaintiff has brought forth matters of public concern like a Title allegation. See, e.g., Patrick v. Miller, 953 F.2d 1240, 1247\u201348 (10th Cir. 1992); Melton v. City of Okla. City, 879 F.2d 706, 714 (10th Cir. 1989 reasonably competent public official would necessarily know that such behavior would deprive plaintiff of First Amendment rights. Case 2:20-cv-02076 Document 88 Filed 05/18/21 Page 12 of 19 -13- Defendants are not entitled to qualified immunity, and defendants\u2019 motion to dismiss the Section 1983 conspiracy claim is overruled. D. Official Capacity Claims Plaintiff asserts the Section 1983 conspiracy claim against President Swender, Chief Dozier, Coach Knapp and the Trustees (Crist, Douglass, Martinez, Wasinger and Worf), in their individual and official capacities. First Amended Complaint (Doc. #34), \u00b6 383\u2013421. Defendants argue that the official capacity claims are redundant in view of the claim against GCCC. Memorandum In Support Of Defendants\u2019 Motion To Dismiss (Doc. #45) at 5\u20136. Plaintiff contends that the official capacity claims are not redundant because their scope of recoverable damages is broader than the scope of recoverable damages against GCCC\u2014namely, punitive damages are not permitted in suits against municipalities but are available against individuals sued in their official capacities. Memorandum In Opposition By Plaintiff Elizabeth Everett (Doc. #65) at 21\u201322. Plaintiff relies on Youren v. Tintic School District, 343 F.3d 1296 (10th Cir. 2003), where the Tenth Circuit found sufficient evidence to warrant a trial on punitive damages against an individual defendant in her official capacity.3 Courts in this district have routinely dismissed official capacity claims as redundant when the local government or municipality is also a defendant, and have dismissed official capacity claims when plaintiff seeks punitive damages. See Thouvenell v. City of Pittsburg, Kan., No. 2:18-CV-2113-JAR-KGG, 2018 3068199, at *3 (D. Kan. June 21, 2018); Quintero v. City of Wichita, No. 15-1326-EFM-GEB, 2016 5871883, at *1 (D. Kan. Oct. 7, 2016) (plaintiff had 3 The Court notes that in Youren, the question was not whether the claims were duplicative, but whether the official capacity damages amounted to \u201cimpermissible double recovery.\u201d 343 F.3d at 1306. The defendant also was sued only in her official capacity, not as an individual. Id. Case 2:20-cv-02076 Document 88 Filed 05/18/21 Page 13 of 19 -14- avenue for punitive damages through individual capacity claim); Smith v. Stuteville, No. 14-2197- JWL, 2014 3557641, at *4 n.1 (D. Kan. July 18, 2014) (individuals sued in official capacities immune from punitive damages). The Tenth Circuit acknowledges that Youren is \u201can anomalous outlier\u201d and recognizes that courts within the Tenth Circuit ignore Youren when dismissing official capacity claims under Section 1983. See, e.g., Cross Continent Dev v. Town of Akron, Colo., 548 Fed. Appx. 524, 531 (10th Cir. 2013); Thouvenell, 2018 3068199, at *3. Even if Youren continues to be good law, plaintiff\u2019s case is distinguishable because unlike Youren, plaintiff alleges individual capacity claims against all of the individually named defendants. Because plaintiff brings her Section 1983 conspiracy claim against both and the individual defendants in their official capacities, plaintiff\u2019s official capacity claims against Swender, Dozier, Knapp, Douglass, Wasinger, Crist, Martinez and Worf are duplicative. The Court therefore dismisses the official capacity claims against these defendants. II. Conspiracy To Interfere With Civil Rights Under 42 U.S.C. \u00a7 1985(2) Plaintiff alleges that in violation of 42 U.S.C. \u00a7 1985(2), Trustees Wasinger and Douglass conspired to speak at Board meetings on June 9 and June 25, 2020. Plaintiff alleges that at these meetings, Wasinger and Douglass \u201cinferred that anyone who brings civil rights claims or testifies in support of such claims were damaging the College, the students and destroying faculty and staff jobs because those were the consequences of the insurance rate hikes wrought upon the College due directly to the civil rights claims.\u201d First Amended Complaint (Doc. #34), \u00b6 371. By sharing these comments with a wide audience, Wasinger and Douglass injured plaintiff\u2019s reputation, intimidated her from truthfully testifying and intimidated witnesses from associating with or testifying for plaintiff. Id., \u00b6\u00b6 373\u201376. Defendants argue that based on the publicly available videos of Board meetings, Wasinger and Douglass did not appear to conspire and their comments Case 2:20-cv-02076 Document 88 Filed 05/18/21 Page 14 of 19 -15- cannot be considered force, intimidation or threat. Memorandum In Support Of Defendants\u2019 Motion To Dismiss (Doc. #45) at 3\u20134, 15\u201316. In the alternative, defendants argue that Wasinger and Douglass are entitled to qualified immunity. Id. at 18. The Court considers each argument in turn. A. Section 1985(2) Allegations The first clause of Section 1985(2) contains a deterrence provision, which \u201cconcerns intimidating parties, witnesses, or jurors in court so that they will not attend court or testify.\u201d King v. Knoll, 399 F. Supp. 2d 1169, 1179 n.57 (D. Kan. 2005). The \u201cdeterrence\u201d provision of 42 U.S.C. \u00a7 1985(2) provides that \u201c[i]f two or more persons in any State or Territory conspire to deter, by force, intimidation, or threat, any party or witness in any court of the United States from attending such court, or from testifying to any matter pending therein, freely, fully, and truthfully . . . the party so injured or deprived may have an action for the recovery of damages occasioned by such injury or deprivation, against any one or more of the conspirators.\u201d 42 U.S.C. \u00a7 1985(2). The elements of a deterrence claim under Section 1985(2) are (1) a conspiracy, (2) intent to deter testimony by force or intimidation and (3) injury to plaintiff. Brever v. Rockwell Int\u2019l Corp., 40 F.3d 1119, 1126 (10th Cir. 1994). Defendants challenge plaintiff\u2019s allegations regarding the first two elements: (1) conspiracy and (2) intent to deter testimony by force or intimidation conspiracy \u201crequires the combination of two or more persons acting in concert.\u201d Abercrombie v. City of Catoosa, 896 F.2d 1228, 1230 (10th Cir. 1990 plaintiff must allege, \u201ceither by direct or circumstantial evidence, a meeting of the minds or agreement among the defendants.\u201d Id. at 1231. The conspiracy \u201cmust be one that has the requisite statutory purpose,\u201d namely to deter a party or witness from attending or testifying freely, fully and truthfully. Brown v. Chaffee, 612 F.2d 497, Case 2:20-cv-02076 Document 88 Filed 05/18/21 Page 15 of 19 -16- 502 (10th Cir. 1979). While more than mere conclusory allegations are required to state a valid claim, \u201cthe nature of conspiracies often makes it impossible to provide details at the pleading stage and . . . the pleader should be allowed to resort to the discovery process and not be subject to dismissal of his complaint.\u201d Brever, 40 F.3d at 1126. To satisfy the conspiracy element, plaintiff identifies Wasinger and Douglass and claims that they engaged \u201cin exchanges that appear[ed] preplanned or with prepared notes\u201d that disparaged lawsuits like plaintiff\u2019s. First Amended Complaint (Doc. #34), \u00b6 370. To satisfy the deterrence element, plaintiff alleges that Wasinger and Douglass linked GCCC\u2019s increasing insurance costs and significant reductions in faculty, staff and student offerings to lawsuits like plaintiff\u2019s. Plaintiff claims that by intimidation and threat, their actions deterred plaintiff from attending or testifying freely, fully and truthfully in federal court because their comments (1) implied that people involved in lawsuits like plaintiff were \u201cbad people\u201d and \u201cessentially pariahs in the Garden City community;\u201d (2) intimidated witnesses from associating with or testifying for plaintiff; and (3) threatened and harmed plaintiff\u2019s reputation in the community. Id., \u00b6\u00b6 371\u201376. Defendants argue that the publicly available videos of Board meetings prove that Wasinger and Douglass (1) did not have a meeting of the minds because Douglass stated in the video that she was sharing her \u201cpersonal feelings\u201d and (2) did not make comments that could be considered \u201cforce, intimidation, or threat\u201d under Section 1985(2) and instead only made vague comments about the economic impact of lawsuits on GCCC. Memorandum In Support Of Defendants\u2019 Motion To Dismiss (Doc. #45) at 15\u201316. As stated, the Court cannot consider such extrinsic evidence on a motion to dismiss. See Fed. R. Civ. P. 12(d); see, e.g Corp., 130 F.3d at 1384. The Court also assumes the truth of plaintiff\u2019s allegations regarding the Board meetings. Case 2:20-cv-02076 Document 88 Filed 05/18/21 Page 16 of 19 -17- Assuming as true plaintiff\u2019s well-pleaded factual allegations, plaintiff sufficiently pleads facts which create an inference that Wasinger and Douglass (1) had a meeting of the minds as demonstrated by their prepared notes and (2) intended to deter plaintiff from testifying about the Title allegations by bringing up plaintiff\u2019s lawsuit to stigmatize and discredit her. First Amended Complaint (Doc. #34), \u00b6\u00b6 370\u201376. The Court overrules defendants\u2019 motion to dismiss plaintiff\u2019s Section 1985(2) conspiracy claims. B. Qualified Immunity In the alternative, defendants argue that Wasinger and Douglass are entitled to qualified immunity on plaintiff\u2019s Section 1985(2) conspiracy claim because defendants \u201care unaware of any caselaw indicating that comments about the economic impact of a lawsuit will invoke liability under \u00a7 1985(2).\u201d Memorandum In Support Of Defendants\u2019 Motion To Dismiss (Doc. #45) at 18. To overcome an official\u2019s qualified immunity, plaintiff must demonstrate that (1) the official violated a statutory or constitutional right and (2) the law clearly establishes that right. N.E.L., 740 F. App\u2019x at 928 right is clearly established when every reasonable official would understand that what he or she is doing violates that right. Id. at 928\u201329. For the first factor, defendants argue that based on the publicly available Board meetings videos, Wasinger and Douglass\u2019 comments about insurance premiums and the economic costs of litigation \u201care a far cry from abusive and threatening comments\u201d and \u201cwere neither abusive nor threatening as a matter of law.\u201d Defendants\u2019 Reply Memorandum (Doc. #85) at 9. As discussed above, the Court disregards such extrinsic evidence and accepts plaintiff\u2019s allegations that in violation of 42 U.S.C. \u00a7 1985(2), Wasinger and Douglass conspired to speak at two Board meetings in June of 2020 to intimidate plaintiff and deter her from testifying about the Title allegations. First Amended Complaint (Doc. #34), \u00b6\u00b6 370\u201376. Case 2:20-cv-02076 Document 88 Filed 05/18/21 Page 17 of 19 -18- For the second factor, defendants do not dispute plaintiff\u2019s argument that the law clearly establishes the right to testify truthfully at trial\u2014they instead (again) argue that the publicly available Board meetings videos prove that \u201cno reasonable [Board] member would have thought that the specific comments made by Wasinger and Douglass [about the economic impact of lawsuits] were unlawful,\u201d i.e., threatening and intimidating under Section 1985(2). Defendants\u2019 Reply Memorandum (Doc. #85) at 9. The First Amendment clearly establishes the right to testify truthfully at trial, especially where plaintiff has brought forth matters of public concern like a Title allegation. See, e.g., Patrick, 953 F.2d at 1247\u201348; Melton, 879 F.2d at 714. As discussed, the Court will not consider the Board meetings videos in this motion to dismiss, and plaintiff pleads sufficient facts to give rise to the inference that Wasinger and Douglass conspired to deter her from testifying by threatening and intimidating her at the public meetings, which harmed her reputation in the community and deterred individuals from supporting her efforts. First Amended Complaint (Doc. #34), \u00b6\u00b6 370\u201376. Wasinger and Douglass are not entitled to qualified immunity, and defendants\u2019 motion to dismiss the Section 1985(2) conspiracy claim is overruled. III. Equal Protection: Official Capacity Claim Plaintiff brings an equal protection claim under 42 U.S.C. \u00a7 1983 against Coach Knapp in his individual and official capacities. Plaintiff alleges that Coach Knapp\u2019s conduct toward her was based on sex and was sufficiently severe or pervasive as to interfere unreasonably with her education and create a hostile or abusive educational environment, which establishes an equal protection violation based on sexual harassment. See, e.g., First Amended Complaint (Doc. #34), \u00b6\u00b6 39\u201347, 111, 179\u201380, 201, 203\u201304, 209\u201312, 282\u201390; Escue v. N. Okla. Coll., 450 F.3d 1146, 1157 (10th Cir. 2006). Defendants move to dismiss Coach Knapp\u2019s official capacity claim solely Case 2:20-cv-02076 Document 88 Filed 05/18/21 Page 18 of 19 -19- on the basis that it is redundant because is already a party defendant.\u201d Memorandum In Support Of Defendants\u2019 Motion To Dismiss (Doc. #45) at 5\u20136. Plaintiff, however, brings the equal protection claim only against Coach Knapp, not against GCCC. First Amended Complaint (Doc. #34), \u00b6\u00b6 281\u201391. Therefore plaintiff\u2019s official capacity claim against Coach Knapp is not redundant and survives dismissal that defendants\u2019 Motion To Dismiss Elizabeth Everett\u2019s Claim (Partial) By Defendants Jeff Crist, Merilyn Douglass, Rodney Dozier, Garden City Community College, Brice Knapp, Steve Martinez, Herbert J. Swender, Blake Wasinger, Teri Worf (Doc. #44) filed October 14, 2020 is in part. The Court dismisses as redundant plaintiff\u2019s Section 1983 conspiracy claim against President Herbert Swender, Chief Rodney Dozier, Coach Brice Knapp and Trustees Merilyn Douglass, Blake Wasinger, Jeff Crist, Steve Martinez and Teri Wolf in their official capacities. Defendants\u2019 motion is otherwise OVERRULED. Dated this 18th day of May, 2021 at Kansas City, Kansas. s/ Kathryn H. Vratil United States District Judge Case 2:20-cv-02076 Document 88 Filed 05/18/21 Page 19 of 19", "8404_107.pdf": "Opinions of former cheer coach remain split Speakers at Trustees meeting both accuse and defend Knapp J. Levi Burnfin lburnfin@gctelegram.com Published 11:10 p.m May 8, 2018 For the second consecutive Garden City Community College Board of Trustees meeting, former cheerleading coach Brice Knapp was a topic of contention. Knapp, who resigned suddenly on March 29 after four years at the helm of the program, previously was accused of sexual harassment and other misconduct involving former cheerleaders by Toni Douglass, Aaron Kucharik and Eleanor Everett during the April 10 Trustees meeting, after each said they had seen letters written by former cheerleaders describing a culture of harassment, sexual innuendo and threats of revoking scholarships student Yulissa Hernandez also described a \u201cterrible experience\u201d as a former cheerleader with Knapp as coach immediately following that meeting. Four of those letters were written by former cheerleaders or dancers, including Liz Everett and Sydney Rodriguez, and a fifth was written by the mother, Laura Aberle, of former cheerleader Lindsey Aberle. All five letters have been obtained by The Telegram sixth former cheerleader \u2014 Jade Denton \u2014 addressed the board during the public comment section on Tuesday night with allegations against Knapp, and Douglass address the board again. Nine other former cheerleaders \u2014 some of whom had spoken previoulsy with The Telegram \u2014 also spoke Tuesday and contradicted some of their former teammates' descriptions of Knapp, instead describing him as a wonderful coach. All of the public comments were shortened to less than two minutes because 14 people had signed up to address the board. Usually, public comments are limited to five minutes per person and 30 minutes total. 2/17/25, 2:56 Opinions of former cheer coach remain split 1/4 have known Brice since my junior year in high school, and never would have thought he would have turned out like this,\u201d Denton said. She then listed comments she said were made by Knapp to other cheerleaders. \u201cIt\u2019s not your fault you have a fat ass,\u201d Denton said Knapp told a teammate. \u201cThis was said to a girl who fell out of a stunt and got a concussion.\u201d She also said that Knapp told another cheerleader that she had become more flexible because she had gone on vacation with her boyfriend. Denton also said that Knapp made racist comments during team functions Hispanic girl was doing box jumps, and she was scared to jump over the tallest one, so Brice said, \u2018Jump over it like your family jumps over the border,\u2019\u201d Denton said. The Telegram previously obtained screenshots from a private Facebook page for cheerleaders, in which Knapp made disparaging comments towards Mexicans. When setting up a time for an athletic banquet, Knapp wrote in a Facebook comment, \u201c \u2026 after thinking more about what time i said to be there i realized we have mexicans on our team who are traditionally late so lets move our show up time to 5:00 [sic]\u201d However, other cheerleaders on Tuesday told the board that Knapp looked out for his cheerleaders and had helped them in their personal endeavors. Many of them said the accusations were false, made up by individuals with a vendetta. They also expressed concern for how the allegations were affecting Knapp\u2019s family \u2014 he has a wife and two boys. \u201cBrice, in my opinion, has done nothing wrong,\u201d said cheerleader Ruben Perez. \u201cHe\u2019s done nothing but good for his team. Everything he did was for our team. We were a second family.\u201d Another member of the team, Vionna Van Dyne, said, \u201cit just breaks my heart to see all these terrible things being spread around about coach Knapp. This is always someone who has been there for me from all the tough times I\u2019ve had.\u201d Erwin Vides described Knapp as turning the program into a competitive squad. After taking over in April 2014 has won three of four Region championships and took 2/17/25, 2:56 Opinions of former cheer coach remain split 2/4 eighth (2016), third (2017) and fourth (2018) at the National Cheer Association championship in Daytona, Fla. Prior to his resignation, Knapp was told by college officials that he would not be allowed to travel to Florida in early April as a result of an investigation by the college into allegations of misconduct by Knapp, according to attorney Randy Grisell just want to stand here for him and his family, because he has a family and he has kids,\u201d Vides said about his former coach. \u201cIt isn\u2019t just affecting him, but it\u2019s affecting his kids and his family. It\u2019s something really big, nothing to mess around about.\u201d Vides then implied that the accusers were making accusations against Knapp because they were not chosen to go to Florida for the national competition, even though all but the Everett letter were written prior to the end of March. However, Vides also admitted that Knapp would make \u201cstupid comments.\u201d \u201cSorry if you didn\u2019t make it to mat on nationals, sorry you weren\u2019t good enough \u2026 Now you\u2019re going to throw him under the bus just for some stupid comments he makes sometimes?\u201d Vides said. Teammate Jake Hawkins made a similar comment to the board. \u201c(Knapp) always was motivational,\u201d Hawkins said. \u201cHe was a very emotional guy. He showed it a lot, and there were some times he didn\u2019t always think before he talked, but he always meant well in his heart.\u201d Another cheerleader, Henry Arenas, addressed the accusations of racist comments during his public comment to the board. \u201cYou can see the team is diverse,\u201d he said, pointing to the contingent of teammates he had with him don\u2019t know why anybody would believe he\u2019s racist.\u201d After all of the cheerleaders had spoken, Douglass addressed the board stood here on April 10 and brought to you sexual harassment complaints from seven different women,\u201d she said still have those letters, and nobody has asked me to read them still have those complaints, and nobody has inquired on them.\u201d She then said she thought it was \u201cfantastic\u201d that Knapp had built the cheer program up and helped several of the cheerleaders who spoke. 2/17/25, 2:56 Opinions of former cheer coach remain split 3/4 \u201cBut will also say to you that if he did this \u2014 sexual harassment \u2014 to even one woman, it is too much,\u201d she said. \u201cIt\u2019s too much.\u201d She then addressed the board on what changes they were planning to make, if any, in response to the allegations against Knapp simple acceptance of this cheer coach\u2019s resignation is not enough,\u201d she said. \u201cWhat have you done? What have you implemented? What changes are happening? You, as the board, are responsible for how these kids come from this school \u2026 \u201c The board did not respond to Douglass\u2019 comments specifically, though board chairman Steve Martinez thanked those who spoke. \"Thank you everybody for taking the time to and the courage to come up here and speak appreciate that,\" he said know that it is not easy to do, and appreciate everyone\u2019s comments and concerns.\" Contact Levi Burnfin at lburnfin@gctelegram.com. Josh Harbour contributed to this story. 2/17/25, 2:56 Opinions of former cheer coach remain split 4/4"} |
7,772 | Jim Turman | University of Minnesota | [] | {} |
7,800 | David Dickerson | University of North Alabama | [
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] | {"7800_101.pdf": "by: Brian Lawson Posted: Aug 29, 2017 / 05:50 Updated: Aug 30, 2017 / 03:14 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. There\u2019s another strange turn in the case of a former University of North Alabama professor accused by a student of sexual assault Records show David Dickerson was paid more than $70,000 dollars after the alleged assault occurred. The university is being sued by the woman who claims school officials covered up the alleged assault. 31 professor accused of sexual assault in lawsuit remained on $10k-a-month paid leave 2/17/25, 2:57 professor accused of sexual assault in lawsuit remained on $10k-a-month paid leave | WHNT.com 1/10 The lawsuit against was filed three weeks ago. It alleges the university failed to act in November 2015, after a student informed school officials that business professor David Dickerson sexually assaulted her on a number of occasions during a university-sponsored trip to Orlando responded to the lawsuit, saying the courts are open to those who file lawsuits \u201cfor the purpose of extorting money with baseless allegations few days later the university sent out a second statement. It said that officials investigated the incident at the time and concluded Dickerson had \u201cviolated university policy concerning faculty/student relationships.\u201d The school said Dickerson had been removed from the classroom and ordered to stay away from students. Then the statement noted, he is no longer employed by UNA. What the school left out of that narrative, was first reported Tuesday by our news partners at AL.com. UNA\u2019s president Ken Kitts told AL.com that had weighed firing Dickerson versus putting him on paid leave. Kitts told AL.com the school was concerned that any employment action might have required a hearing where affected students would have to testify. Kitts told AL.com that could have been, \u201cintimidating or emotionally challenging for those students.\u201d So the school put Dickerson on paid leave. Dickerson was apparently removed from the classroom, but records show he remained on the payroll from the time of the alleged November incident until June of 2016, earning more than $10,000 a month. Kitts provided with the following statement Thursday. \u201cOn June 18, 2015, based on the recommendation of a Business School faculty search committee and the recommendation of the Dean of the Business School, and after completing a background check that revealed no problems hired > Next > Cancel \u2715 Next story in > Cancel Next story in 2/17/25, 2:57 professor accused of sexual assault in lawsuit remained on $10k-a-month paid leave | WHNT.com 2/10 David Dickerson as a Visiting Associate Professor of Marketing for the fall and spring semesters of the 2015-2016 academic year learned of accusations against Dickerson in late November 2015 and immediately opened an investigation, with timing complicated by a 10-day Thanksgiving holiday and the semester final exam schedule. On December 8, Dickerson was ordered to have no further contact with the affected students. On December 17, UNA\u2019s investigation concluded that Dickerson had violated University policy notified him that his contract would not be renewed and placed him on administrative leave, and when school resumed after the holiday break, banned him from campus carefully weighed the consequences associated with placing Dickerson on administrative leave as of Dec. 17 until the term of his contract expired the following May, versus early termination of his one-year contract was concerned that Dickerson would request a due process hearing, to which he would have been entitled, and to be paid his salary during the hearing process hearing might have necessitated testimony from the students affected by his conduct, which could have been intimidating or emotionally challenging for those students. It also would have risked exposing the identities of these students, thus implicating the Family Educational and Privacy Rights Act (FERPA). Further, Dickerson likely would have vigorously defended against the accusations with the assistance of legal counsel, resulting in protracted delays extending beyond May 1, 2016, which would have presented many contractual ramifications and administrative complications. By instead placing Dickerson on administrative leave was able to get him off campus quickly and prohibit student contact lessened the chance of the identities of the students involved becoming public and avoided any emotional impact on them > Next > Next story in > Next story in 2/17/25, 2:57 professor accused of sexual assault in lawsuit remained on $10k-a-month paid leave | WHNT.com 3/10 In summary, placing Dickerson on administrative leave until his contract term expired protected the best interests of the students involved as well as those of the entire community by removing him from campus while avoiding protracted procedural appeals and potential litigation by Dickerson.\u201d Copyright 2025 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed Finally, a cordless vacuum that really works on pet / 3 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 2/17/25, 2:57 professor accused of sexual assault in lawsuit remained on $10k-a-month paid leave | WHNT.com 4/10 Wayfair\u2019s spring cleaning storefront is filled with / 3 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 > Next > Next story in > Next story in 2/17/25, 2:57 professor accused of sexual assault in lawsuit remained on $10k-a-month paid leave | WHNT.com 5/10 \u2018Saturday Night Live\u2019 celebrates 50 years with comedy, \u2026 European leaders regroup in Paris for strategy huddle \u2026 500 days of the Israel-Hamas war, by the numbers Watchdog says Israel is advancing plans for nearly \u2026 Rwanda-backed M23 rebels occupy a 2nd major city \u2026 Australia plans to deport 3 violent criminals to \u2026 \u2018Life-threatening cold\u2019 expected as polar vortex / 3 Days Ago Starbucks new Crema Collection Premium Instant Coffee froths like a cafe beverage. View All BestReviews News 19 Insider Enter Your Email > Next > Next story in > Next story in 2/17/25, 2:57 professor accused of sexual assault in lawsuit remained on $10k-a-month paid leave | WHNT.com 6/10 \u2018Waste, fraud and abuse\u2019 is a political fight older \u2026 More Stories WHNT.com Video More Videos 10 Presidents Day small appliance deals you shouldn\u2019t \u2026 Holiday 4 days ago > Next > Next story in > Next story in 2/17/25, 2:57 professor accused of sexual assault in lawsuit remained on $10k-a-month paid leave | WHNT.com 7/10 North Alabama's News Leader News Weather Sports As Seen on News 19 Best Buy Presidents Day Sale: Apple, Samsung, Dyson \u2026 Holiday 4 days ago Score Presidents Day deals right now on Amazon Holiday 7 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 Walmart\u2019s \u2018Flash Deals\u2019 are filled with hidden gems \u2026 Holiday 2 weeks ago View All BestReviews Picks Morning Newsletter Enter Your Email > Next > Next story in > Next story in 2/17/25, 2:57 professor accused of sexual assault in lawsuit remained on $10k-a-month paid leave | WHNT.com 8/10 The Search for Ronald Dumas Jr. Watch Community North Alabama\u2019s Contact Us Online Public File Online Public File Report Report Public File Help Applications Get News App Get Weather App Stay Connected Privacy Policy 11/18/2024 Terms Of Use Public File Assistance Contact The Hill NewsNation BestReviews Content Licensing > Next > Next story in > Next story in 2/17/25, 2:57 professor accused of sexual assault in lawsuit remained on $10k-a-month paid leave | WHNT.com 9/10 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 2/17/25, 2:57 professor accused of sexual assault in lawsuit remained on $10k-a-month paid leave | WHNT.com 10/10", "7800_102.pdf": "More local news for Birmingham, Huntsville and Mobile \u2013 Start Today for $1 paid professor $50,000 after he was accused of sexual assault Published: Aug. 29, 2017, 11:10 a.m. By Ashley Remkus | aremkus@al.com former University of North Alabama professor remained on the school's payroll for several months after he was accused of sexually assaulting a student, according to records obtained by AL.com Subscribe David Dickerson Accused of sexual assault in November 2015, David Dickerson remained on the university's payroll -- making $10,555 per month -- until the following May, according to spending records and personnel documents. AL.com obtained Dickerson's personnel file through a public records request. Dickerson is at the center of a federal lawsuit filed by a now-former student accusing of failing to properly investigate or respond to the sexual assault claim. The lawsuit alleges Dickerson sexually assaulted an unnamed student, referred to as \"Jane Doe,\" during a school-sponsored trip during the fall semester. Rather than firing Dickerson, a visiting professor of marketing placed him on paid administrative leave and allowed him to perform off-campus research for the university, according to personnel documents. In a prepared statement to AL.com President Ken Kitts said the university \"carefully weighed the consequences associated with placing Dickerson on administrative leave...versus early termination of his one-year contract was concerned that Dickerson would request a due process hearing, to which he would have been entitled, and to be paid his salary during the hearing process,\" Kitts said in the statement hearing might have necessitated testimony from the students affected by his conduct, which could have been intimidating or emotionally challenging for those students. It also would have risked exposing the identities of these students.\" In a Dec. 17, 2015 letter, the university told Dickerson he was being placed on administrative leave with pay and benefits, effective Jan. 8, 2016. The letter also reminded Dickerson of a no-contact order that was issued Dec. 11, prohibiting him from communicating with students associated with the sexual assault case. Dickerson on Jan. 6 signed an agreement with the university that he would vacate his office and work off campus doing research for the College of Business. \"During the research period shall employ Dickerson solely for the purpose of conducting research,\" the agreement states. The agreement allowed Dickerson to identify himself as a visiting associate professor of marketing research in the College of Business at UNA. Kitts said Dickerson \"likely would have vigorously defended against the accusations with the assistance of legal counsel.\" If he had done so, the university would be required to continue paying him until legal proceedings were complete -- likely after the May 1, 2016 end of his contract, the president said. \"By instead placing Dickerson on administrative leave was able to get him off campus quickly and prohibit student contact,\" Kitts said lessened the chance of the identities of the students involved becoming public and avoided any emotional impact on them. \"In summary, placing Dickerson on administrative leave until his contract term expired protected the best interests of the students involved as well as those of the entire community by removing him from campus while avoiding protracted procedural appeals and potential litigation by Dickerson want us to be good friends' The now-former student claims she was inappropriately touched by Dickerson while they were attending a conference in Orlando. The first inappropriate contact happened at the pool of the hotel where they were staying, according to the lawsuit, which also claims that other students witnessed the incident and took pictures on their cellphones. Also during the Orlando trip, Dickerson took the victim and another student to dinner, according to the lawsuit. The woman remembers being in and out of consciousness, being walked back to the hotel by Dickerson and being undressed by the professor, according to the lawsuit. She did not have the strength to fight Dickerson and when she later regained consciousness, she realized she was naked, the lawsuit states. She immediately dressed herself and left the room. Dickerson later called the woman's cellphone, the lawsuit states want us to be good friends,\" Dickerson told the woman, according to the lawsuit. The lawsuit alleges the university violated Title of the Education act of 1972 because it did not terminate the professor, while removing and restricting classes from the student. It also states the university failed to do a background check on Dickerson. Attorneys representing the plaintiff stated Dickerson had former charges for rape and assault on a 19-year-old. Clean background check Dickerson was given a two-semester contract worth $95,000 when he started working for in August 2015, personnel records show. He officially was hired after passing a background check. The background check, which searched records in national criminal databases, shows no prior arrests, according to his personnel file. Dickerson earned a doctorate in Philosophy in Marketing from the University of Cambridge in 2002, his resume shows. He earned a Master's Degree from The Johns Hopkins University Carey Business School in 1990 after completing a Bachelor's of Business Administration at Loyola University six years earlier, according to personnel records. He was working at the Kazakhstan Institute of Management, Economics and Strategic Research University when he was hired at UNA, his resume shows. He worked in the Bang College of Business in Kazakhstan as an associate professor of marketing/global business since August 2011. Dickerson's previous teaching experience also includes working as an adjunct professor for the University of Richmond, Southern Cross University and Hawaii Pacific University. Additionally, Dickerson taught at the United Kingdom's Anglia Ruskin University and St. Xavier University in Paris, according to his resume. Dickerson's professional experience includes several years as a sales consultant, two years as vice president of sales for a London company and four years as a global sales director in Czech Republic, his resume states. After his departure from UNA, Dickerson went to work for Metropolitan State University of Denver. Just days after the lawsuit was filed, Dickerson also parted ways with accused of 'victim blaming has come under fire for its response to the lawsuit. In a statement issued days after the lawsuit was reported, the university accused \"Jane Doe\" of falsifying sexual assault allegations to extort money from UNA. After being blasted by social media users removed that statement from its website and issued a new one. The initial public response called the woman's allegations \"baseless\" and said the university \"looks forward to its day in court New chair of Alabama Legislative Black Caucus blasts movement\u2019s \u2018colorblind\u2019 ideology Feb. 11, 2025, 10:28 a.m. Elon Musk blasts court ruling delaying cuts: \u2018Forcing the corruption to continue\u2019 Feb. 11, 2025, 9:55 a.m. In the second statement, the university said, \"The University of North Alabama is committed to providing a safe and nurturing learning environment for all students. The University has a professional and well-trained staff that addresses claims of sexual misconduct with the utmost seriousness. Students impacted by sexual misconduct are provided strong resources and excellent support students and Shoals-area community members organized a protest this past week to demand an apology for how the university treated \"Jane Doe.\" \"Even if it looks like isn't supporting survivors, our students and community are supportive of them,\" said protest organizer Ashley Massey, a 26-year-old student. We believe them.\" If you purchase a product or register for an account through a link on our site, we may receive compensation. By using this site, you consent to our User Agreement and agree that your clicks, interactions, and personal information may be collected, recorded, and/or stored by us and social media and other third-party partners in accordance with our Privacy Policy. About Us About Alabama Media Group Jobs at Alabama Media Group Advertise with us About AL.com Frequently Asked Questions Accessibility Statement Contact Us Online Store Subscriptions AL.com The Birmingham News The Huntsville Times Press-Register Newsletter Already a Subscriber Manage your Subscription Place a Vacation Hold Make a Payment Delivery Feedback AL.com Sections News Business Sports High School Sports Alabama Life & Culture Opinion Archives Obituaries Jobs Autos Your Regional News Pages Anniston/Gadsden Birmingham Huntsville Mobile Montgomery Tuscaloosa Gulf Coast Beaches On the Go Mobile Apps Tablet Apps Follow Us Pinterest Twitter Facebook Instagram Customer Service Send us an email Submit a news tip Buy newspaper front pages, posters and more More on AL.com Videos Weather News Site Map & search Sponsor Content Post a job | Privacy Policy | User Agreement | Ad Choices Use of and/or registration on any portion of this site constitutes acceptance of our User Agreement, (updated 8/1/2024) and acknowledgement of our Privacy Policy, and Your Privacy Choices and Rights (updated 1/1/2025). \u00a9 2025 Advance Local Media LLC. All rights reserved (About Us). The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. Community Rules apply to all content you upload or otherwise submit to this site. YouTube's privacy policy is available here and YouTube's terms of service is available here. Ad Choices", "7800_103.pdf": "31\u00b0 Huntsville Closings and Delays \uf00d Flood Warning Is In Effect \uf00d \uf0c9 48 Now Livestream News Latest Videos (WAFF) - The University of North Alabama has issued a new response to sexual assault allegations against a former professor MORE: Former professor accused of sexual assault The university faces a Title lawsuit from a former student who alleges she was sexually abused by her professor, David Dickerson, in 2015. The student says the abuse happened during an intern sales competition trip to Orlando. She also claims the university covered it up first responded to the lawsuit on Friday, saying they dispute the allegations and that no criminal charges were filed responds to Title lawsuit alleging sexual abuse On Saturday issued another statement saying they were aware of wrongdoings by Dickerson and took the appropriate actions says Dickerson was removed from the university and ordered to stay away from the students. The university says it responded properly to the incident. Their full statement is as follows says ex-professor 'violated university policy' in student sex assault case Published: Aug. 13, 2017 at 4:52 | Updated: Aug. 13, 2017 at 7:07 2/17/25, 2:57 says ex-professor 'violated university policy' in student sex assault case 1/3 The University of North Alabama is committed to providing a safe and nurturing learning environment for all students. The University has a professional and well-trained staff that addresses claims of sexual misconduct with the utmost seriousness. Students impacted by sexual misconduct are provided strong resources and excellent support lawsuit was filed last week against the University. The lawsuit alleges sexual assault of a student by a former faculty member and claims that the University did not respond appropriately. Nothing could be further from the truth. Upon notice of the alleged misconduct, the University reached out to the student and conducted an investigation. The University concluded that, in the fall of 2015 the faculty member had violated University policy regarding faculty/student relationships. As a result, the faculty member was removed from the classroom and ordered to stay away from campus and to avoid contact with students. The faculty member is no longer employed by the University. The University responded quickly and professionally throughout this process, complying with all applicable policies and laws. The matter was investigated thoroughly and the University acted decisively to protect our students while also protecting the student's right to privacy. The University offers a fair, informed and compliant process that supports any student who experiences sexual misconduct, sexual harassment, or any other form of sex or gender discrimination. The University is proud of its record in promoting campus safety and will defend its good name vigorously in this litigation. Officials will continue to take all necessary steps to ensure the integrity of the excellent programs that foster the security and well-being of all University of North Alabama students. Their press statement also includes links about student safety and sexual assault. Copyright 2017 WAFF. All rights reserved. Report an Error | Submit a Tip to 48 Most Read Strong/severe storms expected tonight \uf144 Huntsville attorney arrested on charge after late-night incident \uf144 Strong to severe storms expected late tonight into early Sunday \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 2/17/25, 2:57 says ex-professor 'violated university policy' in student sex assault case 2/3 \uf144 School district moves to 4-day week as incentive to retain teachers \uf144 Victim identified in deadly hit-and-run on Old Decatur Road in Athens \uf144 Huntsville Police: One killed, one injured in wreck on Drake Ave. \uf144 Man charged in Saturday night Huntsville shooting Public Inspection File (256) 533-4848 Terms of Service Privacy Policy Statement Advertising Closed Captioning/Audio Descriptions Digital Marketing At Gray, our journalists report, write, edit and produce the news content that informs the communities we serve. Click here to learn more about our approach to artificial intelligence Gray Local Media Station \u00a9 2002-2025 News Huntsville - Madison Valley Living 48 Now Weather Limestone - Morgan Traffic On Demand Newscasts on VUit Sports Sand Mountain Contests Meet the Team Programming Schedule Shoals Send Us Your Photos Job Openings 1414 North Memorial Parkway Huntsville 35801 (256) 533-4848 2/17/25, 2:57 says ex-professor 'violated university policy' in student sex assault case 3/3", "7800_104.pdf": "\uf054 University of North Alabama Filing in Response to Second Amended Complaint by Jane Doe Jan. 4, 2018 The University of North Alabama and the individual defendants today (Jan. 4, 2018) moved to dismiss the Second Amended Complaint filed on behalf of Jane Doe in the United States District Court for the Northern of Alabama. The motions to dismiss are based on the failure of the Second Amended Complaint to state sufficient facts to show a violation of law by or the individually-named defendants. As has stated previously, the University acted promptly to protect Jane Doe and the entire community. When learned in late November 2015 of accusations against former visiting professor David Dickerson, the matter was investigated as quickly as the Thanksgiving holiday and the semester final exam schedule permitted. On December 8, Dickerson was ordered to have no further contact with the affected students. On December 17, UNA\u2019s investigation concluded that Dickerson had violated University policy notified Dickerson that his contract would not be renewed, placed him on administrative leave and banned him from campus. The Second Amended Complaint accuses Dickerson of sexual misconduct. Despite referring to Dickerson and his alleged misconduct more than 50 times in the Second Amended Complaint, it does not name Dickerson as a defendant. Since the original complaint was filed, Dickerson has recently brought claims against both before the Alabama State Board of Adjustment and the U.S. Equal Opportunity Commission claiming that wrongfully terminated his employment takes the position that if the Jane Doe lawsuit continues, a single lawsuit in a single forum is the fairest and most efficient way to resolve all related claims. Jane Doe is claiming on one hand that should have fired Dickerson before his one-year contract ran out. Dickerson on the other hand is claiming that his employment should not have been terminated at all. If any of Jane Doe\u2019s claims continue believes it is fairer to all parties to have one court sort out the remaining issues all at once rather than doing it in a piecemeal fashion in multiple forums believes all the claims should be dismissed, but if they are not has asked the court to join Dickerson as a required party to the suit so that the Court can decide whether Dickerson is responsible for injury to Jane Doe. \uf099 ( \uf09a ( \uf0d5 ( \uf0e1 ( \uf0c9 2/17/25, 2:57 University of North Alabama Filing in Response to Second Amended Complaint by Jane Doe #myUNA 1/1", "7800_105.pdf": "\uf167 \uf16d \ue61b \uf39e \uf002 Search Home News Opinion Multimedia Sports Campus About \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f News Dickerson\u2019s personnel file meets the public eye Ciera Golliver News Editor August 25, 2017 The Flor-Ala obtained the personnel file of David Dickerson and discovered he was paid more than $50,000 after he was accused of sexual assault. The personnel file became public through an open records request. John Thornell, former vice president of academic affairs, sent Dickerson a letter confirming his academic leave with pay and benefits effective Jan. 8, 2016 until his one- year contract expired May 16, 2016, according to Dickerson\u2019s personnel file. Dickerson signed a university contract stating the terms of his academic leave, in which agreed to provide a neutral employment reference and five salary payments of $10,555.56 each month allowed Dickerson up to 21 days to consult with his lawyers before signing the contract. He signed the contract Jan. 6, 2016. President Kitts said considered the option of terminating Dickerson\u2019s contract early but decided against this so Dickerson could not file for a due process hearing. If Dickerson had filed for a due process hearing, the university would be required to pay him during the whole process. \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f Dickerson would likely have defended the accusations with legal assistance, which would have extended the trial past the time of Dickerson\u2019s contract. The university was also concerned about exposing the identity of the students involved in this case, Kitts said. The lawsuit claimed failed to protect Jane Doe from the alleged assault because the university did not file a background check on Dickerson. The university finished conducting a background check on Dickerson June 22, 2015, according to Dickerson\u2019s personnel file. The background check does not show any court records statewide in Maryland, Dickerson\u2019s last residence, or Henrico, Va., according to the background verification report from Risk Mitigation Services, a private company the university uses for background checks. On Aug. 21, 2013, a fingerprint scan through the Criminal Justice Information Services showed Dickerson had no prior arrests, according to Dickerson\u2019s personnel file. Jane Doe alleged the university allowed former marketing professor David Dickerson to remain on campus and finish out his contract, according to the complaint she filed against Title investigation found on Dec. 17, 2015 Dickerson violated policy, Kitts said in a statement. \u201cThe University responded quickly and professionally throughout this process, complying with all applicable policies and laws,\u201d according to UNA\u2019s second official statement regarding the lawsuit. \u201cThe matter was investigated thoroughly and the University acted decisively to protect our students while also protecting the student\u2019s right to privacy.\u201d \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f \u00a9 2025 Pro WordPress Theme by \u2022 Log in Stick with The Flor-Ala for more updates on this case. Leave a Comment The Flor-Ala The Student News Site of Univ\u2026 Enter Search Term \uf002 One Harrison Plaza Box 5300 Florence, Alabama 35632 Phone: (256) 765- 4364 Email: florala@una.edu Home News Opinion \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f", "7800_106.pdf": "by: David Kumbroch, Brian Lawson Posted: Aug 17, 2017 / 03:36 Updated: Aug 17, 2017 / 03:41 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. HUNTSVILLE, Ala former University of North Alabama professor identified in a lawsuit filed by a student accusing the school of covering up her sexual assault, is no longer employed at a Denver university where he\u2019d moved on to teach international business spokesman for the Metropolitan State University of Denver told News 19 can confirm as of Tuesday, Aug. 15, Dr. David Dickerson is no longer an employee of Denver.\u201d The Denver university told News 19 last Friday that Dickerson was employed there, that they had become of aware of the allegations made public August 10th, and they were 31 Former professor accused of sexual assault loses teaching job in Denver after allegations 2/17/25, 2:57 Former professor accused of sexual assault loses teaching job in Denver after allegations | WHNT.com 1/15 looking into the allegations in the lawsuit. Dickerson was previously listed as a new hire in November of 2016. The university said today it would not comment on personnel matters, such as the circumstances of Dickerson\u2019s departure from the school or how long he\u2019d been employed there. It\u2019s not clear what changed, but as of August 1st, Dickerson was listed as a \u201ctenure track\u201d professor, suggesting he was in line for a possible permanent assignment. The lawsuit was filed August 8th, by the student identified as Jane Doe. It accuses Dickerson of sexually assaulting the woman several times on a university-sponsored trip to Orlando in 2015. The lawsuit alleges the university was aware of the incident but did nothing to punish Dickerson and instead allowed him to finish out his contract disputed the lawsuits claim in two statements issued last week. The first offered an aggressive defense of the school. The initial statement, released last Friday reads, in part: \u201cWe note the lawsuit allegations date back to 2015. Despite the passage of years is aware of no criminal charges against the professor the plaintiff accuses of sexual assault in her civil lawsuit seeking money damages from UNA. \u201cOne of the privileges of our legal system is that courts are open to all citizens. Our courts are even open to those who may misuse their right to initiate litigation for the purpose of extorting money with baseless allegations calculated to damage reputations and inflame public opinion is proud our American justice system also affords civil defendants an opportunity to set the record straight at the courthouse, and the University intends to take full advantage of that opportunity, in this case.\u201d The second statement, released Sunday, again disputed that the university failed to respond to the student\u2019s concerns, but also acknowledged a problem with Dickerson > Next > Cancel \u2715 Next story in > Cancel Next story in 2/17/25, 2:57 Former professor accused of sexual assault loses teaching job in Denver after allegations | WHNT.com 2/15 \u201cUpon notice of the alleged misconduct, the University reached out to the student and conducted an investigation. The University concluded that, in the fall of 2015 the faculty member had violated University policy regarding faculty/student relationships. \u201cAs a result, the faculty member was removed from the classroom, and ordered to stay away from campus and to avoid contact with students. The faculty member is no longer employed by the university.\u201d Copyright 2025 Nexstar Media Inc. All rights reserved. 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View All BestReviews News 19 Insider Enter Your Email > Next > Next story in > Next story in 2/17/25, 2:57 Former professor accused of sexual assault loses teaching job in Denver after allegations | WHNT.com 5/15 \u2018Waste, fraud and abuse\u2019 is a political fight older \u2026 More Stories European leaders regroup in Paris for strategy huddle International 55 mins ago > Next > Next story in > Next story in 2/17/25, 2:57 Former professor accused of sexual assault loses teaching job in Denver after allegations | WHNT.com 6/15 500 days of the Israel-Hamas war, by the numbers International 1 hour ago Rwanda- backed M23 rebels occupy a 2nd major city International 2 hours ago > Next > Next story in > Next story in 2/17/25, 2:57 Former professor accused of sexual assault loses teaching job in Denver after allegations | WHNT.com 7/15 Australia plans to deport 3 violent criminals to International 3 hours ago Ukraine\u2019s President Zelenskyy travels to United Arab International 4 hours ago > Next > Next story in > Next story in 2/17/25, 2:57 Former professor accused of sexual assault loses teaching job in Denver after allegations | WHNT.com 8/15 Woman killed as Israeli forces fire on returnees International 8 hours ago Israel\u2019s Netanyahu signals he\u2019s moving ahead with International 11 hours ago > Next > Next story in > Next story in 2/17/25, 2:57 Former professor accused of sexual assault loses teaching job in Denver after allegations | WHNT.com 9/15 More World News Suspect in fatal stabbing in Austria had an \u2018Islamic International 16 hours ago WHNT.com Video > Next > Next story in > Next story in 2/17/25, 2:57 Former professor accused of sexual assault loses teaching job in Denver after allegations | WHNT.com 10/15 More Videos reminds people to get ahead of May 7 \u2026 Three tornadoes confirmed following Saturday night\u2019s \u2026 The Weather Authority 3 hours ago > Next > Next story in > Next story in 2/17/25, 2:57 Former professor accused of sexual assault loses teaching job in Denver after allegations | WHNT.com 11/15 Decatur 2 days ago \u2022 Weather Authority Impact Day \u2013 Tuesday Night The Weather Authority 3 hours ago \u2022 Huntsville man arrested for robbery on University \u2026 Huntsville 4 hours ago \u2022 Trump administration cuts reach employees in U.S. News 8 hours ago 10 Presidents Day small appliance deals you shouldn\u2019t \u2026 Holiday 4 days ago Best Buy Presidents Day Sale: Apple, Samsung, Dyson \u2026 Holiday 4 days ago Score Presidents Day deals right now on Amazon Holiday 7 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 Walmart\u2019s \u2018Flash Deals\u2019 are filled with hidden gems \u2026 Holiday 2 weeks ago View All BestReviews Picks Morning Newsletter Enter Your Email > Next > Next story in > Next story in 2/17/25, 2:57 Former professor accused of sexual assault loses teaching job in Denver after allegations | WHNT.com 12/15 North Alabama's News Leader News Weather Sports As Seen on News 19 The Search for Ronald Dumas Jr. Watch View All News Tell your story: Nonprofit brings pop-up recording \u2026 Huntsville 4 hours ago \u2022 At least 9 people are dead, including 8 in Kentucky Top Headlines 7 hours ago \u2022 Tuscumbia City Schools releases statement regarding \u2026 Shoals 6 hours ago > Next > Next story in > Next story in 2/17/25, 2:57 Former professor accused of sexual assault loses teaching job in Denver after allegations | WHNT.com 13/15 Community North Alabama\u2019s Contact Us Online Public File Online Public File Report Report Public File Help Applications Get News App Get Weather App Stay Connected Privacy Policy 11/18/2024 Terms Of Use Public File Assistance Contact The Hill NewsNation BestReviews Content Licensing Nexstar Digital Journalistic Integrity > Next > Next story in > Next story in 2/17/25, 2:57 Former professor accused of sexual assault loses teaching job in Denver after allegations | WHNT.com 14/15 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 2/17/25, 2:57 Former professor accused of sexual assault loses teaching job in Denver after allegations | WHNT.com 15/15"} |
7,316 | Richard Nyamwange | East Stroudsburg University | [
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] | {"7316_101.pdf": "By By | Staff Report | Staff Report UPDATED: UPDATED: October 5, 2021 at 1:41 October 5, 2021 at 1:41 After deliberating for six hours, a Monroe County jury acquitted an East After deliberating for six hours, a Monroe County jury acquitted an East Stroudsburg University economics professor of raping a college student in Stroudsburg University economics professor of raping a college student in his apartment but convicted him of sexual assault. his apartment but convicted him of sexual assault. Richard Nyamwange, 51, showed no emotion when the jury of nine women Richard Nyamwange, 51, showed no emotion when the jury of nine women and three men returned its verdict Monday night. and three men returned its verdict Monday night. Nyamwange, who was placed on leave after his arrest, left the courtroom Nyamwange, who was placed on leave after his arrest, left the courtroom free on $25,000 bail. free on $25,000 bail. Sentencing was scheduled for Nov. 5 by Judge Margherita Worthington. At Sentencing was scheduled for Nov. 5 by Judge Margherita Worthington. At the request of the prosecutor, Assistant District Attorney Michael the request of the prosecutor, Assistant District Attorney Michael Rakaczewski, Worthington ordered Nyamwange to undergo a sexual Rakaczewski, Worthington ordered Nyamwange to undergo a sexual offender evaluation. offender evaluation. Nyamwange\u2019s attorney, James A. Swetz of Stroudsburg, plans to appeal after Nyamwange\u2019s attorney, James A. Swetz of Stroudsburg, plans to appeal after he reviews the rulings made during the three-day trial. he reviews the rulings made during the three-day trial professor guilty of sex professor guilty of sex assault against student ** Is assault against student ** Is acquitted of rape charge. Lesser acquitted of rape charge. Lesser crime can mean 10-year term. crime can mean 10-year term. 2/17/25, 2:58 professor guilty of sex assault against student ** Is acquitted of rape charge. Lesser crime can mean 10-year term. \u2026 1/3 In acquitting Nyamwange of rape, a first-degree felony, the jury cleared him In acquitting Nyamwange of rape, a first-degree felony, the jury cleared him of the most serious charge filed by Stroud Area Regional police. It convicted of the most serious charge filed by Stroud Area Regional police. It convicted him of sexual assault and aggravated indecent assault, second-degree him of sexual assault and aggravated indecent assault, second-degree felonies, and two counts of indecent assault, a misdemeanor. The second- felonies, and two counts of indecent assault, a misdemeanor. The second- degree felony charges carry prison sentences of up to 10 years. degree felony charges carry prison sentences of up to 10 years. After hearing the verdict, Nyamwange, who did not testify at his trial, After hearing the verdict, Nyamwange, who did not testify at his trial, quickly left the courtroom and declined to talk about the case. The young quickly left the courtroom and declined to talk about the case. The young woman he sexually assaulted sobbed from the back of the courtroom. woman he sexually assaulted sobbed from the back of the courtroom. The college student, then 19, went to Nyamwange\u2019s residence on Oak Lane The college student, then 19, went to Nyamwange\u2019s residence on Oak Lane in East Stroudsburg on Nov. 22, 2006, to pick up money for office work she in East Stroudsburg on Nov. 22, 2006, to pick up money for office work she had done at the university for the professor. had done at the university for the professor. The college student told police the attack occurred in Nyamwange\u2019s third- The college student told police the attack occurred in Nyamwange\u2019s third- floor bedroom. She told police Nyamwange pinned her onto the bed, held floor bedroom. She told police Nyamwange pinned her onto the bed, held down her arms and tried to pull down her shorts and underwear. down her arms and tried to pull down her shorts and underwear. In closing arguments, Swetz reminded the jurors of the testimony they In closing arguments, Swetz reminded the jurors of the testimony they heard from several witnesses who said Nyamwange had a good reputation. heard from several witnesses who said Nyamwange had a good reputation. Swetz said those comments about his good reputation should give them Swetz said those comments about his good reputation should give them enough reasonable doubt to acquit his client. enough reasonable doubt to acquit his client. Swetz also pointed out what he said were inconsistencies in the young Swetz also pointed out what he said were inconsistencies in the young woman\u2019s testimony and played snippets of telephone conversations she woman\u2019s testimony and played snippets of telephone conversations she recorded for investigators. recorded for investigators. In one conversation, she said to Nyamwange know we didn\u2019t have In one conversation, she said to Nyamwange know we didn\u2019t have intercourse.\u201d Swetz also referred to statements she made to investigators intercourse.\u201d Swetz also referred to statements she made to investigators that she bit Nyamwange on the lip and chest while he was on top of her. But, that she bit Nyamwange on the lip and chest while he was on top of her. But, Swetz said, police were unable to find any marks on Nyamwange when they Swetz said, police were unable to find any marks on Nyamwange when they checked. checked. Rakaczewski pointed out in his closing arguments the medical testimony the Rakaczewski pointed out in his closing arguments the medical testimony the jury heard about that was found on the young woman\u2019s chest during jury heard about that was found on the young woman\u2019s chest during an examination to see if she had been raped. an examination to see if she had been raped. Saliva was found on her chest and a analysis indicated with a high Saliva was found on her chest and a analysis indicated with a high statistical degree of probability that it came from Nyamwange, Rakaczewski statistical degree of probability that it came from Nyamwange, Rakaczewski said. said. 2/17/25, 2:58 professor guilty of sex assault against student ** Is acquitted of rape charge. Lesser crime can mean 10-year term. \u2026 2/3 2007 2007 \ue907 \ue907September September \ue907 \ue90711 11 Originally Published: Originally Published: September 11, 2007 at 4:00 September 11, 2007 at 4:00 The young woman, who had worked for Nyamwange at the university\u2019s The young woman, who had worked for Nyamwange at the university\u2019s business center, told police the professor licked her chest while she business center, told police the professor licked her chest while she repeatedly told him to stop, saying \u201cno\u201d over and over, police said in court repeatedly told him to stop, saying \u201cno\u201d over and over, police said in court papers. Rakaczewski said Nyamwange got the young woman upstairs to his papers. Rakaczewski said Nyamwange got the young woman upstairs to his bedroom after offering to give her a tour of his house. bedroom after offering to give her a tour of his house. While they were upstairs, Rakaczewski said, Nyamwange leaned into the While they were upstairs, Rakaczewski said, Nyamwange leaned into the student, knocking her down on the bed. As Nyamwange was falling on her, student, knocking her down on the bed. As Nyamwange was falling on her, Rakaczewski said, the young student thought Nyamwange was falling Rakaczewski said, the young student thought Nyamwange was falling because he was having a heart attack. because he was having a heart attack. It was only after he heard him say, \u201cIt\u2019s been so long, it\u2019s been so long,\u201d and It was only after he heard him say, \u201cIt\u2019s been so long, it\u2019s been so long,\u201d and felt him holding her arms and touching her that she realized he was trying felt him holding her arms and touching her that she realized he was trying to have sex with her. to have sex with her. Stroud Area Regional police arrested Nyamwange Nov. 25, 2006. Stroud Area Regional police arrested Nyamwange Nov. 25, 2006. In a tape played to the jury by Rakaczewski in his closing argument, the In a tape played to the jury by Rakaczewski in his closing argument, the student told Nyamwange he should not have kissed her and touched her student told Nyamwange he should not have kissed her and touched her genitals, adding can\u2019t settle this.\u201d In the background Nyamwange can be genitals, adding can\u2019t settle this.\u201d In the background Nyamwange can be heard plaintively saying the girl\u2019s first name over and over. Rakaczewski it heard plaintively saying the girl\u2019s first name over and over. Rakaczewski it was the sound of an apologetic voice, and not what one would expect to was the sound of an apologetic voice, and not what one would expect to hear from someone falsely accused. hear from someone falsely accused. Nyamwange has taught at the university since 1987. Nyamwange has taught at the university since 1987. joe.mcdonald@mcall.com joe.mcdonald@mcall.com 610-559-2152 610-559-2152 2/17/25, 2:58 professor guilty of sex assault against student ** Is acquitted of rape charge. Lesser crime can mean 10-year term. \u2026 3/3", "7316_102.pdf": "Former prof sentenced to state prison for sexual assault Staff Writer Pocono Record Published 11:01 a.m Feb. 1, 2008 former East Stroudsburg University professor was sentenced Friday to two and a half to five years in state prison for sexually assaulting a former student at his home in November 2006. Upon completing his sentence, Richard Nyamwange, 51, will be placed on probation for five years on a second charge of indecent assault jury convicted Nyamwange in September. Also, because he is not a legal U.S. resident, the Kenyan native faces deportation, said the Monroe County District Attorney\u2019s Office. In addition, the victim is suing him for damages she has suffered due to his actions. She was not present at his sentencing. Nyamwange maintains that what occurred between him and the former student that day at his home, though a mistake, was consensual. On Nov. 22, 2006, he invited her to lunch and told her he would hand her a check for office work she had done for him. After lunch, he told her the check was at his home and had her follow him there. At the house, he told her he had to go back out to get money from an to pay her. He had her wait in his bedroom and left short time later, he came back into the bedroom and wrote out a check. As he was about to hand it to her, he \u201cfell\u201d into her, knocking her onto the bed, and sexually assaulted her. He ejaculated into his hand and then when into the bathroom, at which point she left the bedroom. As she was exiting the house, he caught up to her and handed her cash, which she threw back at him. She then left. 2/17/25, 2:58 Former prof sentenced to state prison for sexual assault 1/3 In Nyamwange\u2019s version of the story, she was the one who came on to him neighbor and her son-in-law testified for the defense that they saw Nyamwange and a young woman outside his home and that the woman appeared not to be in any distress. The prosecution pointed out that the time the defense witnesses claimed they saw Nyamwange and this woman does not match the time frame of the circumstances surrounding the sexual assault. Family and friends tearfully addressed the court at Nyamwange\u2019s sentencing, calling him someone worthy of leniency as a good man, a loving, faithful husband and father, an active church member and a productive citizen. \u201cHe has four boys who need him,\u201d said his wife of 28 years, Monica Nyamwange. \u201cHe came a long way from poor roots. He lost an older sister last year. This whole thing has been devastating. His parents have been displaced by political turmoil (in Kenya). \u201cThe family has been affected emotionally,\u201d she said. \u201cIf he goes away to prison, I\u2019ll have to raise (our youngest son) on one income.\u201d His son, Joseph Nyamwange, said the family has survived on principles of love, grace and faith. \u201cAfter all the media coverage, after hearing random students call my father a rapist, after his conviction, it\u2019s been faith that\u2019s kept me going,\u201d he said. \u201cFor me and my brothers, this is a moment in our lives when our father\u2019s presence in our family is pivotal to us have faith that the court will see my father is a good man. He\u2019s my personal hero.\u201d Others called Nyamwange an inspirational role model to many who know him, a man who does what he can to support his blind father and sick mother in Kenya. \u201cThere\u2019s not a single female on campus who can testify that Richard ever looked at them in an inappropriate way,\u201d said Mamadou Kane, an associate professor of economics at ESU. Defense attorney James Swetz requested a lenient sentence, citing the fact that Nyamwange has no prior criminal record and the support of family and friends, evident in more than 100 letters written to the court on his behalf. Swetz added that Nyamwange has not been charged with any other offenses since this case began, that he is not a sexually violent predator and that he is not likely to commit another offense. 2/17/25, 2:58 Former prof sentenced to state prison for sexual assault 2/3 Monroe County Court Judge Margherita Worthington later noted the victim herself in a letter to the court requested leniency for Nyamwange while expressing the pain his actions have caused her and her family. \u201cThis is a tragedy affecting both the defendant\u2019s and victim\u2019s families, but it\u2019s a tragedy brought about by the defendant\u2019s actions,\u201d said Assistant District Attorney Michael Rakaczewski, urging the judge to impose an appropriate sentence. \u201cHis supporters believe he is a good person,\u201d Rakaczewski said. \u201cThe victim, too, believed this. She believed she had nothing to fear. \u201cHe took advantage of her trust,\u201d he said. \u201cShe told him \u2018no\u2019 and he kept going. We can\u2019t blame her for being naive enough to think she was safe.\u201d Worthington commented on the challenge of fashioning an appropriate sentence, having to weigh the seriousness of the charges and the public\u2019s safety against Nyamwange\u2019s history of good character. \u201cThis is an extremely troubling case,\u201d the judge said. \u201cHere is a man for whom this was aberrant behavior. \u201cWhile am sympathetic to his family, there are two sides affected here,\u201d she said. \u201cOnly one person is responsible and that\u2019s the defendant. But for his actions, his own family would not be affected.\u201d The judge did not find a probationary sentence, as requested by Swetz, to be an appropriate punishment. As a result, Nyamwange will spend at least the next two and a half years in state prison. The judge also denied the defense\u2019s request to allow Nyamwange to remain free on bail, meaning he wouldn\u2019t have to be in state prison, pending his appeal of the jury conviction. The judge disagreed with Swetz\u2019s argument that Nyamwange has no incentive to be a flight risk now that he has been convicted. 2/17/25, 2:58 Former prof sentenced to state prison for sexual assault 3/3", "7316_103.pdf": "From Casetext: Smarter Legal Research Nyamwange v. Fisher United States District Court, M.D. Pennsylvania Jun 23, 2011 NO. 1:10-CV-0463 (M.D. Pa. Jun. 23, 2011) Copy Citation Download Check Treatment Rethink the way you litigate with CoCounsel for research, discovery, depositions, and so much more. Try CoCounsel free NO. 1:10-CV-0463. June 23, 2011 III, District Judge FOLLOWS: Petitioner Richard Nyamwange (\"Petitioner\" or \"Nyamwange\"), a former state inmate, who presently is a detainee of the United States Immigration Sign In Search all cases and statutes... Opinion Case details 2/17/25, 2:58 Nyamwange v. Fisher NO. 1:10-CV-0463 | Casetext Search + Citator 1/27 and Customs Enforcement (\"ICE\") Office confined at the Pike County Correctional Facility in Lords Valley, Pennsylvania, initiated the above action through counsel by filing a Petition for Writ of Habeas Corpus (\"Petition\") under the provisions of 28 U.S.C. \u00a7 2254. (Doc. 1.) Nyamwange challenges his 2007 conviction in the Court of Common Pleas of Monroe County, Pennsylvania, of one (1) count of sexual assault, one (1) count of aggravated indecent assault, and two (2) counts of indecent assault. At the time of filing, Nyamwange was serving the two and one-half (2 \u00bd) to five (5) *2 year sentence of imprisonment imposed by the Court of Common Pleas of Monroe County. The Petition is fully briefed and ripe for disposition. For the reasons set forth herein, the Petition will be denied. 2 1 1 Although it appears that Nyamwange has completed service of the sentence of imprisonment that was imposed following the judgment of sentence that he challenges in the instant Petition, the trial court also imposed a consecutive five (5) year term of probation to follow the sentence of imprisonment. Where Nyamwange remains on probation, he continues to satisfy the custody requirement of the federal habeas corpus statute. See Leyva v. Williams, 504 F.3d 357, 363 (3d Cir. 2007) (citing Lee v. Stickman, 357 F.3d 338, 342 (3d Cir. 2004)). Moreover, even if Nyamwange's sentence were fully served, inasmuch as he is in custody facing potential deportation from the United States as a result of the conviction that he challenges in the instant Petition, the instant Petition has not been rendered moot. See United States v. Romera-Vilca, 850 F.2d 177, 179 (3d Cir. 1988) (prisoner's motion to vacate his conviction was not mooted when he was released from custody where he faced potential deportation as a collateral consequence of conviction I. Criminal Conviction in State Court The facts surrounding the events that gave rise to Nyamwange's arrest and his conviction in the Monroe County Court of Common Pleas were summarized by the Pennsylvania Superior Court in its Memorandum disposing of his direct appeal from his judgment of sentence as follows: In the summer of 2006, the victim was a 19-year-old student at East Stroudsburg University and was employed in a work-study program run by the Office of Business Management and Economics. 2/17/25, 2:58 Nyamwange v. Fisher NO. 1:10-CV-0463 | Casetext Search + Citator 2/27 [Nyamwange] was professor of economics at the university, and hired the victim to do secretarial work for him. For unrelated reasons, [Nyamwange] did not pay the victim at the end of the summer, and the victim, a local resident, transferred to a new school. Accordingly, when the victim was home for Thanksgiving, she agreed to have lunch with [Nyamwange] for the *3 purpose of receiving her back pay. [Nyamwange] forgot his checkbook, however, and the victim accepted [Nyamwange's] invitation to return to his home for the purposes of being paid and seeing the home remodeling work that [Nyamwange] was having performed. The parties drove separately to [Nyamwange's] home. 3 Once there, [Nyamwange] took the victim on a tour of the premises, ending in [Nyamwange's] upstairs bedroom. At [Nyamwange's] suggestion, the victim remained in [Nyamwange's] bedroom watching television until it was time for her to leave for her 3:00 p.m. job at the local mall. [Nyamwange] went downstairs. From prior to lunch until this point in time, the victim had been in constant cell phone/texting contact with Joseph Tepedino, her boyfriend. N.T., 9/6/07, at 40-42, 45. Twenty minutes later, [Nyamwange] came upstairs and wrote the victim a check for the $75.00 he owed to her. According to the victim's testimony, as she rose to leave, [Nyamwange] `fell into her,' knocking her back on his bed. Id. at 47. The victim feared that [Nyamwange] had a heart attack, and asked if he was all right. The victim testified that [Nyamwange] then stated, `it's been so long,' and tried to kiss her. Id. at 47-48. The victim, who at this point began to cry, told [Nyamwange] `no,' and tried to squirm out from under [Nyamwange's] body. Id. at 48-49. Using one hand, [Nyamwange] pinned the victim's arms above her head and continued to kiss the victim's mouth and `all over her cheeks.' He also licked her chest. Id. at 50-51. In an unsuccessful effort to make her assailant stop, the victim bit [Nyamwange's] lip and nipple. Id. at 51-52. 2/17/25, 2:58 Nyamwange v. Fisher NO. 1:10-CV-0463 | Casetext Search + Citator 3/27 *4 While rubbing his clothed body against the victim's body, [Nyamwange] pushed up the victim's skirt and pushed aside the shorts and panties that she wore underneath. Id. at 52. [Nyamwange] digitally penetrated the victim's vagina. Id. at 53. [Nyamwange] then exposed his penis and put it inside the victim's vagina. Id. at 54. The victim testified as follows: [Victim kept telling him no, and he kept telling me that it wasn't going to hurt me and that he wasn't going to come in me, and he kept saying it's been so long. 4 Q: When you told him no, [victim], did he stop and get off you? [Victim]: No. Q: At any point, [victim], did you see or do you know whether or not he had ejaculated? [Victim]: Yeah. He had let go of me, and then he had ejaculated into his hand, and then he got up and went to the bathroom, and that was when left. Id. at 55. The victim testified that she ran downstairs, and [Nyamwange] followed. He `bear hugged' her and offered cash instead of a check. Id. at 57. The victim threw the money at [Nyamwange] and ran out of the front door. The victim testified that she drove to the end of the street, stopped her car, and cried. Id . at 58. She telephoned Tepedino and the two arranged to meet at the mall where the victim was employed. Id. at 59. [Nyamwange] subsequently was arrested and charged. [Nyamwange's] omnibus pre-trial motion was denied, in pertinent part, on April 24, 2007. Docket Entry 19. An opinion was filed the same day. Id. 2/17/25, 2:58 Nyamwange v. Fisher NO. 1:10-CV-0463 | Casetext Search + Citator 4/27 On September 10, 2007, a jury convicted [Nyamwange] as stated above. Sentencing occurred on February 1, 2008. Bail pending appeal was denied. No other post-sentence motion was filed timely notice of appeal was filed on February 15, 2008. In February 20, 2008, the court directed [Nyamwange] to file a Pa. R.A.P. 1925(b) statement of errors complained of on appeal within 21 days. [Nyamwange] complied on March 5, 2008. The court filed its initial opinion on April 29, 2008, and a supplemental opinion on May 9, 2008. (Doc. 1-3 at 2-4, 6/8/09 Pa. Super. Ct. Op.) *5 2 5 2 Throughout this Memorandum, citations to page numbers of documents filed to the docket in this action are to the page numbers generated by the Filing System. II. Direct Appeal In his direct appeal from his judgment of sentence, Nyamwange raised three (3) issues for review, which the Pennsylvania Superior Court summarized as follows: 1. Whether a new trial is required since the trial court erred by finding the Rape Shield Statute restricted Nyamwange's cross- examination of the alleged victim and Joseph Tepedino, her boyfriend, where the defense was arguing she fabricated her lack of consent to protect her relationship with Tepedino, where Tepedino's was found on the alleged victim's thong, where she denied having consensual sex with anyone within two weeks prior to the incident and where Tepedino denied having a relationship with the alleged victim prior to the alleged victim's incident with Nyamwange?3 2. Whether a new trial is required since the trial court failed to read Nyamwange's proposed charge on reasonable mistake of fact? 3. Whether a new trial is required since the trial court erred in not granting Nyamwange's Omnibus Pre-trial Motion to suppress what was seized by the Commonwealth's search warrants? 2/17/25, 2:58 Nyamwange v. Fisher NO. 1:10-CV-0463 | Casetext Search + Citator 5/27 3 In his concise statement of matters complained of on appeal pursuant to Pa. R. App. P. 1925(b), Nyamwange specifically stated that, \"Since the issue was primarily he said, she said, the court's limitation on cross examination, prohibition of introduction of Tepedino's from the thong, and exclusion of the alleged victim's statements to the nurse about not having consensual relations within two (2) weeks of the incident prejudiced Nyamwange's defense and denied him due process and the right to confront his accusers. Thus, a new trial should be ordered.\" ( See Doc. 9-13 at 26 \u00b6 7, 1925(b) Statement.) 3 In his concise statement of matters complained of on appeal pursuant to Pa. R. App. P. 1925(b), Nyamwange specifically stated that, \"Since the issue was primarily he said, she said, the court's limitation on cross examination, prohibition of introduction of Tepedino's from the thong, and exclusion of the alleged victim's statements to the nurse about not having consensual relations within two (2) weeks of the incident prejudiced Nyamwange's defense and denied him due process and the right to confront his accusers. Thus, a new trial should be ordered.\" ( See Doc. 9-13 at 26 \u00b6 7, 1925(b) Statement.) ( See Doc. 1-3 at 4-5, 6/8/09 Pa. Super. Ct. Op.) The Pennsylvania Superior Court concluded that each of Nyamwange's arguments was devoid of merit, and therefore, affirmed the judgment of sentence. ( See id. at 5-13.) *6 6 Nyamwange subsequently filed a Petition for Allowance of Appeal with the Pennsylvania Supreme Court in which he raised the following two (2) questions for review: 1. Whether by limiting Nyamwange's cross examination of D.P. and Tepedino and denial of admittance of evidence of boyfriend's on D.P.'s thong, the trial court denied Nyamwange his constitutional right to due process and to confront witnesses against him. 2. Whether the trial court erred when it failed to read Nyamwange's proposed charge on reasonable mistake of fact? (Doc. 1, Petition, at 6 \u00b6 9(m).) By Order dated November 24, 2009, the Pennsylvania Supreme Court denied Nyamwange's Petition for Allowance of Appeal. (Doc. 1-5, 11/24/09 Order.) 2/17/25, 2:58 Nyamwange v. Fisher NO. 1:10-CV-0463 | Casetext Search + Citator 6/27 III. Petition for Writ of Habeas Corpus On March 2, 2010, Nyamwange's counsel filed the instant Petition on his behalf. (Doc. 1.) In his Petition, he raises the following issue for review: Whether the trial court's limitations on cross examination of complainant and her boyfriend and the trial court's denial of Petitioner's use of evidence of complainant's boyfriend's on the complainant's thong to confront the complainant and her boyfriend after they denied having a relationship violated Petitioner's constitutional right to due process and to confront witnesses where the defense argued complainant lied about her consensual sexual encounter with Petitioner to mask her infidelity. (Doc. 1 at 7 \u00b6 12.) *7 7 By Order dated March 3, 2010, we directed service of the Petition on Respondents. (Doc. 3 Response to the Petition was filed on behalf of Respondents by the Monroe County District Attorney's Office on March 23, 2010. (Doc. 7.) Respondents subsequently filed supporting exhibits, consisting of the reproduced record filed by Nyamwange on appeal to the Pennsylvania Superior Court (Docs. 10-5 through 10-8); briefs submitted to the Pennsylvania Superior Court on direct appeal, including Nyamwange's appellate brief (Doc. 10), the Commonwealth's appellate brief (Doc. 10-2), and Nyamwange's reply brief (Doc. 10-4); and a copy of the Pennsylvania Superior Court's June 8, 2009 Memorandum affirming Nyamwange's judgment of sentence (Doc. 10-3). On April 6, 2010, Nyamwange filed a reply brief (Doc. 9) and an Appendix consisting of the portions of the reproduced record submitted by him on direct appeal that he identifies as relevant to the issue raised in the instant Petition. (Docs. 9-2 through 9-13.) Accordingly, the Petition is fully briefed and ripe for disposition habeas corpus petition pursuant to 28 U.S.C. \u00a7 2254 is the proper mechanism for a state prisoner to challenge the \"fact or duration\" of his confinement. Preiser v. Rodriguez, 411 U.S. 475, 498-499 (1973). \"[I]t is not the province of a federal habeas court to reexamine state-court determinations 2/17/25, 2:58 Nyamwange v. Fisher NO. 1:10-CV-0463 | Casetext Search + Citator 7/27 on state-law questions.\" *8 Estelle v. McGuire, 502 U.S. 62, 67-68 (1991). Rather, federal habeas review is restricted to claims based \"on the ground that [petitioner] is in custody in violation of the Constitution or laws or treaties of the United States.\" 28 U.S.C. \u00a7 2254(a); Estelle, 502 U.S. at 67-8; see also Pulley v. Harris, 465 U.S. 37, 41 (1984); Johnson v. Rosemeyer, 117 F.3d 104 (3d Cir. 1997). 8 To satisfy the exhaustion requirement, a federal habeas petitioner must have presented the facts and legal theory associated with each claim through \"one complete round of the State's established appellate review process.\" O'Sullivan v. Boerckel, 526 U.S. 838, 844-45 (1999); see also Holloway v. Horn, 355 F.3d 707, 714 (3d Cir. 2004). The exhaustion requirement is satisfied if a petitioner's claims are either presented to the state courts directly on appeal from the judgment of sentence, or through a collateral proceeding, such as a petition. Swanger v. Zimmerman, 750 F.2d 291, 295 (3d Cir. 1984). It is not necessary for a petitioner seeking federal habeas relief to present his federal claims to state courts both on direct appeal and in a proceeding. Id. However, a petitioner is not deemed to have exhausted the *9 remedies available to him if he has a right under the state law to raise, by any available procedure, the question presented. 28 U.S.C. \u00a7 2254(c); Castille v. Peoples, 489 U.S. 346, 350 (1989). The petitioner bears the burden of demonstrating that he has satisfied the exhaustion requirement. Lines v. Larkins, 208 F.3d 153, 159 (3d Cir. 2000) (citing Lambert v. Blackwell, 134 F.3d 506, 513 (3d. Cir. 1997)). 4 9 4 Pursuant to Pennsylvania Supreme Court Order 218, effective May 9, 2000, issues presented to the Pennsylvania Superior Court are considered exhausted for the purpose of federal habeas corpus relief under Section 2254. See In re: Exhaustion of State Remedies in Criminal and Post-Conviction Relief Cases, No. 218, Judicial Administration Docket No. 1 (May 5, 2000) (per curiam). As such, petitioners are not required to seek review from the Pennsylvania Supreme Court in order to give the Pennsylvania courts a \"full opportunity to resolve any constitutional claims.\" Lambert v. Blackwell, 387 F.3d 210, 233 (3d Cir. 2004). In the case at hand, there is no dispute that the sole issue raised by Nyamwange in the instant Petition was fully exhausted by him in his direct appeal from his judgment of sentence. 2/17/25, 2:58 Nyamwange v. Fisher NO. 1:10-CV-0463 | Casetext Search + Citator 8/27 Once a court has determined that the exhaustion requirement is met, as is the case here, and therefore review of the issues presented in a habeas petition on the merits is warranted, the scope of that review is set forth in 28 U.S.C. \u00a7 2254(d). That section states, in relevant part, that exhausted claims that have been adjudicated on the merits by the state courts are subject to review under the standard of whether they are \"contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States,\" 28 U.S.C. \u00a7 2254(d) (1), or \"resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.\" \u00a7 2254(d)(2). The Antiterrorism and Effective Death Penalty Act of 1996 (\"AEDPA\") places the burden on a petitioner to make this showing. Williams v. *10 Taylor, 529 U.S. 362 (2000). 10 In a recently issued opinion, the United States Court of Appeals for the Third Circuit set forth the following description of the framework for analysis required under \u00a7 2254(d): Consistent with Supreme Court precedent, we read \u00a7 2254(d) to require three distinct legal inquiries. See, e.g., Harrington v. Richter, ___ U.S. ___, 131 S.Ct. 770, 785, 178 L.Ed.2d 624 (2011). The first is whether the state court decision was \"contrary to . . . clearly established Federal law, as determined by the Supreme Court of the United States.\" \u00a7 2254(d)(1). The second is whether the state court decision \"involved an unreasonable application of\" such law. \u00a7 2254(d)(1). And the third is whether the state court decision \"was based on an unreasonable determination of the facts in light of the evidence presented\" to the state court. \u00a7 2254(d)(2). The test for \u00a7 2254(d)(1)'s \"unreasonable application of\" clause is as follows: \"[a]n `unreasonable application' occurs when a state court `identifies the correct governing legal principle from [the Supreme] Court's decisions but unreasonably applies that principle to the facts' of petitioner's case.\" Rompilla v. Beard, 545 U.S. 374, 380, 125 S.Ct. 2456, 162 L.Ed.2d 360 (2005) (quoting Wiggins v. Smith, 539 U.S. 510, 519, 520, 123 S.Ct. 2527, 156 L.Ed.2d 471 (2003)). For purposes of \u00a7 2254(d)(1), \"[i]t is not enough that a federal habeas 2/17/25, 2:58 Nyamwange v. Fisher NO. 1:10-CV-0463 | Casetext Search + Citator 9/27 *11 court, in its independent review of the legal question, is left with a firm conviction that the state court was erroneous.\" Lockyer v. Andrade, 538 U.S. 63, 75, 123 S.Ct. 1166, 155 L.Ed.2d 144 (2003) (internal quotations omitted). \"Under \u00a7 2254(d)(1)'s `unreasonable application' clause . . . a federal habeas court may not issue the writ simply because that court concludes in its independent judgment that the relevant state-court decision applied clearly established federal law erroneously or incorrectly.\" Id. at 75-76, 123 S.Ct. 1166 (quoting Williams v. Taylor, 529 U.S. 362, 411, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000)). Rather, \"[t]he state court's application of clearly established law must be objectively unreasonable\" before a federal court may grant the writ. Andrade, 538 U.S. at 75, 123 S.Ct. 1166. 11 The test for \u00a7 2254(d)(1)'s \"contrary to\" clause is whether the state court decision \"applies a rule that contradicts the governing law set forth in [the Supreme Court's] cases, or if it confronts a set of facts that is materially indistinguishable from a decision of [the Supreme] Court but reaches a different result.\" Brown v. Payton, 544 U.S. 133, 141, 125 S.Ct. 1432, 161 L.Ed.2d 334 (2005) (citing Williams, 529 U.S. at 405, 120 S.Ct. 1495, and Woodford v. Visciotti, 537 U.S. 19, 24-25, 123 S.Ct. 357, 154 L.Ed.2d 279 (2002)). Of course, a state court's resolution of a question that the Supreme Court has not resolved can be neither contrary to, nor an unreasonable application of, the Court's precedent. See Kane v. Garcia Espitia, 546 U.S. 9, 126 S.Ct. 407, 163 L.Ed.2d 10 (2005). The test for \u00a7 2254(d)(2)'s \"unreasonable determination of facts\" clause is whether the petitioner has demonstrated by \"clear and convincing evidence,\" \u00a7 2254(e)(1), that the state court's determination of the facts was unreasonable in light of the record. See Rice v. Collins, 546 U.S. 333, 338-339, 126 S.Ct. 969, 163 L.Ed.2d 824 (2006) (\"State-court factual findings, moreover, are presumed correct; the petitioner has the burden of rebutting the presumption by `clear and convincing evidence.'\") (quoting \u00a7 2254(e)(1)) (citing Miller-El v. Dretke, 545 U.S. 231, 240, 125 S.Ct. 2317, 162 L.Ed.2d 196 2/17/25, 2:58 Nyamwange v. Fisher NO. 1:10-CV-0463 | Casetext Search + Citator 10/27 Rountree v. Balicki, ___ F.3d ___, 2011 1815965, at *5-6 (3d Cir. May 13, 2011). (2005)); see also Simmons v. Beard, 590 F.3d 223, 231 (3d Cir. 2009) (\"Under the \u00a7 2254 standard, a district court is bound to presume that the state court's factual findings are correct, with the burden on the petitioner to rebut those findings by clear and convincing evidence.\"). Importantly, the evidence against which a federal court measures the reasonableness of the state court's factual findings is the record evidence at the time of the state court's adjudication. Cullen v. Pinholster, ___ U.S. ___, ___-___, 131 S.Ct. 1388, 1401-03, ___ L.Ed.2d ___ (2011). Like the \"unreasonable application\" prong of paragraph (1), a factual *12 determination should be adjudged \"unreasonable\" under paragraph (2) only if a court finds that a rational jurist could not reach the same finding on the basis of the evidence in the record. 28 U.S.C. \u00a7 2254(d)(2); Porter v. Horn, 276 F. Supp. 2d 278, 296 (E.D. Pa. 2003); see also Torres v. Prunty, 223 F.3d 1103, 1107-08 (9 Cir. 2000); cf. Jackson v. Virginia, 443 U.S. 307, 316 (1979). Only when the finding lacks evidentiary support in the state court record or is plainly controverted by evidence therein should the federal habeas court overturn a state court's factual determination. Porter, 276 F. Supp. 2d at 296; see also Williams, 529 U.S. 362 at 408-09. 12 th As stated by the Third Circuit Court of Appeals in Rountree, habeas relief only may be granted if the petitioner shows that the state court decision satisfies one of the three tests set forth above. We now turn to an analysis of the instant Petition with the above framework in mind Nyamwange asserts that the trial court's limitation on cross-examination of the victim and her boyfriend and its denial of Nyamwange's use of evidence of the victim's boyfriend's on her thong to confront her and her boyfriend after they denied having a relationship during their trial testimony violated Nyamwange's constitutional right to due process and to confront witnesses where the defense argued that the victim lied about her consensual sexual encounter with Nyamwange to mask *13 her infidelity. 13 2/17/25, 2:58 Nyamwange v. Fisher NO. 1:10-CV-0463 | Casetext Search + Citator 11/27 18 Pa. Cons. Stat. \u00a7 3104. \"The purpose of the Rape Shield Law is to prevent a trial from shifting its focus from the culpability of the accused toward the virtue and chastity of the victim.\" Commonwealth v. Burns, 988 A.2d 684, 689 (Pa. Super. Ct. 2009) (citing Commonwealth v. Allburn, 721 A.2d 363, 366-67 (Pa. Super. Ct. 1998), appeal denied, 739 A.2d 163 (Pa. 1999)). \"Because there exists no logical correlation between a victim's chastity or promiscuity and the likelihood that the victim was in *14 fact raped, the introduction of such evidence can serve only to confuse or prejudice the factfinding process.\" Commonwealth v. Wall, 606 A.2d 449, 455 (Pa. Super. Ct. 1992) (citing Commonwealth v. Majorana, 470 A.2d 80, 83-84 (Pa. 1983) (\"in an enlightened age, a complaining witness' prior consensual sexual activity is simply not relevant to show present consent\"); Commonwealth v. Reefer, 573 A.2d 1153, 1154 (Pa. Super. Ct. 1990) (testimony showing sexual contents not \"in any way relevant\" to show consent)). \"By excluding from trial evidence of the Nyamwange's issue implicates Pennsylvania's Rape Shield Statute, which provides as follows: \u00a7 3104. Evidence of victim's sexual conduct (a) General rule. \u2014 Evidence of specific instances of the alleged victim's past sexual conduct, opinion evidence of the alleged victim's past sexual conduct, and reputation evidence of the alleged victim's past sexual conduct shall not be admissible in prosecutions under this chapter except evidence of the alleged victim's past sexual conduct with the defendant where consent of the alleged victim is at issue and such evidence is otherwise admissible pursuant to the rules of evidence. (b) Evidentiary proceedings defendant who proposes to offer evidence of the alleged victim's past sexual conduct pursuant to subsection (a) shall file a written motion and offer of proof at the time of trial. If, at the time of trial, the court determines that the motion and offer of proof are sufficient on their faces, the court shall order an in camera hearing and shall make findings on the record as to the relevance and admissibility of the proposed evidence pursuant to the standards set forth in subsection (a). 14 2/17/25, 2:58 Nyamwange v. Fisher NO. 1:10-CV-0463 | Casetext Search + Citator 12/27 victim's past sexual contact, the possibility of confusion and prejudice is thus minimalized.\" Wall, 606 A.2d at 445 (citing Commonwealth v. Johnson, 566 A.2d 1197, 1199 (Pa. Super. Ct. 1989) ( en banc), appeal granted, 581 A.2d 569 (Pa. 1990)). In addition to the specific exception contained in 18 Pa. Cons. Stat. \u00a7 3104(a) allowing for the introduction of \"evidence of the alleged victim's past sexual conduct with the defendant where consent of the alleged victim is at issue and such evidence is otherwise admissible pursuant to the rules of evidence,\" Pennsylvania courts have recognized other instances where a victim's past sexual history may be introduced into evidence at trial. These exceptions include: \"(1) evidence that negates directly the act of intercourse with which a defendant is charged; (2) evidence demonstrating a witness' bias or evidence that attacks credibility; and (3) evidence tending to directly exculpate the accused by showing that the alleged victim is biased and thus has motive *15 to lie, fabricate, or seek retribution via prosecution.\" Burns, 988 A.2d at 690 (citing Allburn, 721 A.2d at 367). \"These exceptions to the general rule have been recognized in an effort to reconcile the effect of the statute in excluding evidence with the accused's sixth amendment right to confrontation and cross-examination.\" Commonwealth v. Guy, 686 A.2d 397, 400 (Pa. Super. Ct. 1996). 15 As stated in Wall, in White v. Illinois, 502 U.S. 346 (1992), the United States Supreme Court described the basic purpose of the Confrontation Clause as \"the promotion of the `integrity of the factfinding process,'\" 502 U.S. at 356- 57 (quoting Coy v. Iowa, 487 U.S. 1012, 1020 (1988); Kentucky v. Stincer, 482 U.S. 730 (1987)), which is accomplished \"`by assuring that `the trier of fact [has] a satisfactory basis for evaluating the truth.'\" Wall, 606 A.2d at 456 (quoting California v. Green, 399 U.S. 149, 161 (1970)). The Wall Court also observed that \"[t]he search for truth . . . is a common bulwark upon which both the Rape Shield Law and the Confrontation Clause are built. Thus, in many cases, the intent of both the Rape Shield Law and the Confrontation Clause may be advanced without encroaching upon the other's domain.\" Id. However, the Wall Court made the following observation as to when the Rape Shield Law and Confrontation Clause may conflict: 2/17/25, 2:58 Nyamwange v. Fisher NO. 1:10-CV-0463 | Casetext Search + Citator 13/27 Id. It is only where the truth determining process is not forwarded by the exclusion of past sexual history that the Rape Shield Law and the Confrontation Clause may not be reconciled. Under these relatively rare circumstances, as this Court has previously recognized, `Rape Shield *16 laws, if rigidly construed, could impermissibly encroach upon a defendant's right to confront and cross-examine witnesses which is secured by the United States and Pennsylvania Constitutions.' Commonwealth v. Nieves, supra, 399 Pa. Superior Ct. at 287, 582 A.2d at 346. In such rare cases `the Rape Shield Law must bow to the need to permit an accused an opportunity to present genuinely exculpatory evidence . . .' Id. 16 The Wall Court then noted that, in Pennsylvania, \"a relatively elaborate procedure\" has been developed to determine when an exception to the Rape Shield law should be applied. Pursuant to this procedure, a defendant is required to submit to the court a specific written proffer describing \"exactly what evidence he or she seeks to admit and precisely why it is relevant to the defense.\" Id. (citations omitted). In the case at hand, the written proffer procedure was followed. Prior to trial, on February 7, 2006, Nyamwange filed a timely Omnibus Pretrial Motion, in which he, inter alia, included a written proffer under Pennsylvania's Rape Shield Law, 18 Pa. Cons. Stat. Ann. \u00a7 3104. ( See Doc. 1-6 at 2, 4/24/07 Trial Ct. Op. Omnibus Pretrial Mot.) In his written proffer, Nyamwange submitted that, pursuant to 18 Pa. Cons. Stat. \u00a7 3104, he should be able to present evidence of the victim's prior sexual conduct to show bias and motive on her part to falsely accuse Nyamwange of rape in order to avoid an admission of infidelity. ( See id. at 7.) Specifically, Nyamwange stated that, during discovery, the Commonwealth tendered laboratory reports showing *17 that serology tests revealed possible seminal material from a thong obtained from the victim, and that the evidence was \"inconclusive\" concerning the source of the seminal material. ( See Doc. 10-5 at 60 \u00b6\u00b6 18-19, 2/7/06 Omnibus Pretrial Mot.) Nyamwange further submitted that, pursuant to Olden v. Kentucky, 488 U.S. 227 (1988) and Wall, supra, 606 A.2d 449, a relationship with another is relevant to prove a victim's motive to falsely accuse another of rape. ( See id. \u00b6 20.) Nyamwange therefore asserted that, in order to lay a foundation for 17 2/17/25, 2:58 Nyamwange v. Fisher NO. 1:10-CV-0463 | Casetext Search + Citator 14/27 an argument that the victim in this case had a motive to falsify the allegation against him to protect an intimate relationship with a third party, he must be permitted to question the victim about the source of the semen found in her thong and to offer the blood and reports disclosed by the Commonwealth in discovery inasmuch as the from the semen in the victim's thong was consistent with from more than one individual ( i.e., a mixture). ( See id.) He therefore requested that the trial court allow him to \"cross-examine the complainant about her relationships and possible sources of the mixture found on her thong.\" ( See id. at 61.) At the time of the March 19, 2007 hearing on the Omnibus Pretrial Motion, the Commonwealth conceded that a third party's was located in a stain in the victim's underwear and that additional testing would be performed to confirm the identity of that individual. ( See Doc. 10-5 at 70, 3/19/07 Tr.) Although *18 Nyamwange's counsel admitted that his issue may have been somewhat premature at that stage in light of the Commonwealth's statement that additional testing would be needed to confirm the identity of the third party who contributed the DNA, counsel nevertheless argued that, if testing revealed that the third party was the victim's \"on again/off again boyfriend,\" an exception to the Rape Shield Act would allow him to explore the relationship between the victim and the third party. ( See id. at 71.) 18 Following the hearing, the parties submitted briefs on their issues, and by Opinion and Order dated April 24, 2007, the trial court disposed of the motion. ( See Doc. 1-6.) In its opinion, the trial court provided the following analysis of Nyamwange's request in his written proffer: To determine the admissibility of evidence of prior sexual contact in sexual assault cases, our Superior Court has held that the defendant must first submit a specific proffer of the evidence to be admitted and explain why he believes it is relevant to his defense. Cmwlth v. Fernsler, 715 A.2d 435, 439 (Pa. Super. 1998). Where the proffer amounts to mere speculation and conjecture, it will be rejected for admission at trial, and no further inquiry will be made. Id. If, however, the proffer is sufficiently specific, the trial court will then be required to make a three-fold analysis of the substance of 2/17/25, 2:58 Nyamwange v. Fisher NO. 1:10-CV-0463 | Casetext Search + Citator 15/27 the proffer at an in camera hearing, in which the court will determine (1) if the evidence sought to be admitted is relevant to the defense; (2) whether the evidence sought to be admitted is merely cumulative of evidence otherwise admissible at trial; and (3) whether the evidence which the accused wishes to introduce at trial is more probative than prejudicial. Id. at 440. In this case, Defendant's proffer is the very epitome of vague and conjectural. He offers no evidence to support his claim that the alleged victim had a motive to falsely accuse Defendant other than the *19 conclusory statement that the alleged victim sought to avoid admission of infidelity. 19 ( See id. at 7-8.) The trial court therefore denied Nyamwange's motion for an in camera hearing under 18 Pa. Cons. Stat. Ann. \u00a7 3104; however, in a footnote, the trial court stated as follows: This, of course, does not prevent Defendant from challenging the reliability of Commonwealth's evidence on the basis of the presence of a third party's semen on the alleged victim's thong. Defendant is precluded, however, from making issue of the identity of the third party who produced the sample or the nature of his relationship with the alleged victim. ( See id. at 8 n. 1.) Prior to trial, counsel for Nyamwange submitted on his behalf a renewed written proffer under 18 Pa. Cons. Stat. Ann. \u00a7 3104 in which he stated that the Commonwealth's analysis revealed that the victim's thong contained a mixture of and that Nyamwange and Tepedino were identified as contributors. ( See Doc. 9-2 at 9, Def.'s Renewed Written Proffer, \u00b6 8). He also stated that the Commonwealth's discovery revealed that Joseph Tepedino and the victim were in constant contact by cell phone during the afternoon of the incident, and that, at some point, Tepedino and the victim stopped cell phone communications. ( See id. at 8 \u00b6 3.) Nyamwange attached the statement of Tepedino in which he states that the victim told him she was raped. ( See id. at 8-9 \u00b6\u00b6 4-5.) He then noted that the Commonwealth had *20 admitted in a prior proceeding (the hearing on the 20 2/17/25, 2:58 Nyamwange v. Fisher NO. 1:10-CV-0463 | Casetext Search + Citator 16/27 Omnibus Pretrial Motion) that Tepedino and the victim had an \" on again, off again relationship,\" ( see id. at 9 \u00b6 6). Nyamwange argued that the presence of Tepedino's on the victim's thong was proof of her intimate relationship with Tepedino and that a jury could infer that the victim had a motive to lie about what she did during the time when she lost cell phone contact with Tepedino for fear of losing him as her boyfriend if she admitted to infidelity with Nyamwange or to gain Tepedino's sympathy in the hope of furthering her \"on again, off again relationship\" with him. ( See id. \u00b6 11.) Nyamwange submitted that the victim's relationship with Tepedino is relevant and would be offered to support her motive to falsify her accusation of rape and sexual assault against Nyamwange. ( See id. at 10 \u00b6 13.) He further suggested that, if the Commonwealth is permitted to argue that there is no reason for the victim to allege that Nyamwange raped her unless the allegation is true, fairness requires allowing Nyamwange to prove and argue the relationship with Tepedino provides the victim with a motive to lie. ( See id. \u00b6 16.) Finally, as he did in his original proffer, Nyamwange cited Olden and Wall in support of his arguments and request \"to allow the Defendant to cross-examine the complainant about her relationship with Joseph Tepedino since the existence of the intimate relationship with a third party is relevant to whether the complainant had a motive to lie about or fabricate the accusation.\" ( Id. *21 at 10-11.) 21 At oral argument on the renewed proffer, counsel for Nyamwange also stated that the victim's relationship with Tepedino, and the presence of his on her thong, would be relevant to impeach the victim's statements to the nurse who administered a rape kit at the Pocono Medical Center in which the victim denied having consenting sexual relations within seventy-two (72) hours or for two (2) weeks prior to the incident with Nyamwange. ( See Doc. 9-2 at 30, 9/4/07 Tr. of Arg. on Renewed Proffer.) In ruling on the record on the renewed proffer, the trial court stated as follows: And in looking at the case law, the issue of bias and motive, certainly looking at it first to see if it's relevant, it is relevant with 2/17/25, 2:58 Nyamwange v. Fisher NO. 1:10-CV-0463 | Casetext Search + Citator 17/27 respect to these charges. So with respect to the questioning of Mr. Tepedino or the victim solely regarding their relationship, that is very limited, but it can be explored only to the extent of did they have an intimate physical relationship. With respect to Mr. Tepedino's evidence on the thong, that is not relevant, and that is out don't want anybody talking about the on the thong understand your argument with respect to the nurse. However, there are a multitude of explanations and reasons and arguments that can be made with respect to not having, you know, any sexual activity within 72 hours or 2 weeks, and I'm not going to allow you to go into that with any of the witnesses. But do think the bias, the motive is relevant, and think that certainly their relationship generally can be explored without getting into specifics *22 of the sexual nature of their relationship, okay. 22 ( See id. at 32-33.) The following exchange then took place between counsel and the trial court NYAMWANGE]: Your honor, just so understand would be allowed to ask the nurse that any physical redness, tenderness that she detected in the alleged victim's genitalia area that she couldn't say when that was caused or what caused it COURT: Right think that's an absolutely fair question COMMONWEALTH]: That's fair COURT: Sure, because she can't, or don't think she would be able to. You know, that's just wanted to make sure that can't ask the victim or Tepedino when were you last together, that kind of stuff. 2/17/25, 2:58 Nyamwange v. Fisher NO. 1:10-CV-0463 | Casetext Search + Citator 18/27 COURT: And what were you doing and, you know, what color thong did you have on.5 5 Admittedly, the trial court's ruling and subsequent exchange with counsel on the record on this issue is somewhat inarticulate. However, we do not find that it resulted in an abuse of discretion such that there is any basis for us to disturb the decisions of either the trial court or the Pennsylvania Superior Court on the issue that now is before us in the instant Petition. 5 Admittedly, the trial court's ruling and subsequent exchange with counsel on the record on this issue is somewhat inarticulate. However, we do not find that it resulted in an abuse of discretion such that there is any basis for us to disturb the decisions of either the trial court or the Pennsylvania Superior Court on the issue that now is before us in the instant Petition. ( See id. at 33.) On direct appeal to the Pennsylvania Superior Court from his judgment of sentence, Nyamwange argued in his appellate brief that a new trial was required because the trial court abused its discretion when it recognized Nyamwange's right in *23 ruling on his pretrial proffer to offer evidence of the victim's motive to fabricate the allegation of non-consensual sexual contact, but then denied Nyamwange the right to use evidence necessary to establish the victim's relationship with a third-party, and specifically the evidence of Tepedino's on the victim's thong, which was the necessary foundation for her motive. ( See Doc. 10 at 20, Br. for Appellant.) Nyamwange argued that the trial court's ruling implicated his rights under the Sixth Amendment, Due Process Clause of the Fourteenth Amendment, and the Pennsylvania Constitution to present a defense by presenting witnesses favorable to the defense and through cross-examination of witnesses. ( See id.) 23 In disposing of this issue on direct appeal from his judgment of sentence, the Pennsylvania Superior Court described the applicable standard for review of a trial court's ruling on the admissibility of evidence as follows: The admissibility of evidence is within the sole discretion of the trial judge, whose ruling will not be disturbed absent an abuse of that discretion. Commonwealth v. Bishop , 936 A.2d 1136 (Pa. Super. 2/17/25, 2:58 Nyamwange v. Fisher NO. 1:10-CV-0463 | Casetext Search + Citator 19/27 2007), appeal denied, 951 A.2d 1159 (Pa. 2008). `Admissibility depends on relevance and probative value. Evidence is relevant if it logically tends to establish a material fact in the case, tends to make a fact at issue more or less probable or supports a reasonable inference or presumption regarding a material fact.' Commonwealth v. Grzegorzewski , 945 A.2d 237, 239 (Pa. Super. 2008), appeal denied, 954 A.2d 575 (Pa. 2008), quoting Commonwealth v. Drumheller , 808 A.2d 893, 904 (Pa. 2002), cert. denied, 539 U.S. 919 (2003) (quotation marks and citation omitted). An abuse of discretion is not merely an error of judgment, but occurs when the law is overridden or misapplied, or the judgment exercised is manifestly unreasonable, or the result of partiality, prejudice, bias, or ill-will. *24 Bishop , 936 A.2d at 1143. An error regarding the admissibility of evidence will be deemed harmless where this Court concludes beyond a reasonable doubt that the error could not have contributed to the verdict. Commonwealth v. Northrip , 945 A.2d 198 (Pa. Super. 2008), appeal denied, 959 A.2d 929 (Pa. 2008). 24 (Doc. 1-3, 6/8/09 Pa. Super. Ct. Op., at 5-6.) The Superior Court then set forth the text of Pennsylvania's Rape Shield Law, and summarized the potentially applicable exception as follows: This Court has recognized an exception to Section 3104 exists when the evidence tends to directly exculpate the accused by showing that the alleged victim is biased and thus has a motive to lie, fabricate, or seek retribution because such evidence affects the defendant's constitutional right to confront and cross-examine witnesses. The trial court must then examine the evidence to determine whether the probative value outweighs its prejudicial effect and whether there is an alternative way to prove the motive to fabricate. Northrip , 945 A.2d at 203-204 (citations and quotation omitted). ( See id. at 6-7.) 2/17/25, 2:58 Nyamwange v. Fisher NO. 1:10-CV-0463 | Casetext Search + Citator 20/27 The Superior Court analyzed Nyamwange's argument that the trial court erred in its application of the Rape Shield Statute as follows: The record reflects that the trial court focused on [Nyamwange's] proffer. At the preliminary hearing, the Commonwealth conceded that there was evidence of a third party's sperm, or a mixture of DNA, on the victim's panties. N.T., 3/19/07, at 6. The court made clear, however, that it refused [Nyamwange's] request to explore the details of the victim's sexual relationship with her boyfriend, other than the fact that it existed, because [Nyamwange's] proffer was speculative and vague. The court explained that the proffer offered `no evidence to support his claim that the alleged victim had a motive to falsely accuse [Nyamwange] other *25 than the conclusory statement that the alleged victim sought to avoid admission of infidelity.' Trial Court Opinion, 4/24/07, at 8. The court noted, however, that its Rape Shield ruling did not preclude [Nyamwange] from challenging `the reliability of the Commonwealth's evidence on the basis of the presence of a third party's semen on the alleged victim's thong.' Id. at n. 1. 25 We conclude that the trial court neither erred nor abused its discretion by limiting, in accord with the Rape Shield Law, [Nyamwange's] cross-examination of the victim and her boyfriend regarding the mixture on the victim's panties and the details of their sexual relationship. [Nyamwange] provided scant support for his argument that this testimony was relevant to his defense either in exculpatory fashion or to prove bias or motive. The mere fact that the victim had a boyfriend with whom she was or was not sexually active does not establish she had any hostility or bias toward [Nyamwange], or possessed a motive to fabricate an assault. As stated above, Tepedino knew the victim had had lunch with [Nyamwange] and had traveled willingly to his home; there was no logical reason for the victim to fabricate an assault. The jury was made aware of the sexual relationship between the victim and her boyfriend and assigned to that evidence its relative weight. [Nyamwange's] argument challenging the applicability of the Rape Shield Law and the trial court's actions fails. 2/17/25, 2:58 Nyamwange v. Fisher NO. 1:10-CV-0463 | Casetext Search + Citator 21/27 ( See id. at 7-8.) In arguing the issue that he has presented in the instant Petition, Nyamwange asserts that his constitutional right to confront witnesses against him was violated when the trial court limited his cross-examination and prohibited the use of the evidence of Tepedino's found on the victim's underwear to impeach and/or confront the victim and Tepedino about their relatioship. ( See Doc. 9, Reply Brief, at 12-25.) The Sixth Amendment guarantees the criminal defendant a right \"to be *26 confronted with the witnesses against him.\" U.S. Const. amend. VI. The core of the Confrontation Clause is the right of every defendant to test the credibility of witnesses through cross-examination. Davis v. Alaska, 415 U.S. 308, 315-16 (1974). 26 However, the Confrontation Clause does not grant defendants completely unrestricted leeway in cross-examining witnesses: \"It does not follow . . . that the Confrontation Clause of the Sixth Amendment prevents a trial judge from imposing any limits on defense counsel's inquiry into the potential bias of a prosecution witness.\" Delaware v. Van Arsdall, 475 U.S. 673, 679 (1986). As such, trial judges \"retain wide latitude insofar as the Confrontation Clause is concerned to impose reasonable limits on such cross-examination based on concerns about, among other things, harassment, prejudice, confusion of the issues, the witness' safety, or interrogation that is repetitive or only marginally relevant.\" Id. In this way, the Confrontation Clause \"guarantees an opportunity for effective cross- examination, not cross-examination that is effective in whatever way, and to whatever extent, the defense might wish.\" Id. (quoting Delaware v. Fensterer, 474 U.S. 15, 20 (1985)). We begin our consideration of whether the state court decision in this case was contrary to or an unreasonable application of clearly established federal law by observing that, in analyzing this issue on direct appeal, the Pennsylvania Superior Court considered it solely in terms of whether the trial court abused its discretion in its *27 ruling that Nyamwange's written proffer was speculative and vague and that an exception to the Rape Shield Statute therefore did not apply to allow him to cross-examine the victim and her boyfriend concerning the mixture found on the victim's 27 2/17/25, 2:58 Nyamwange v. Fisher NO. 1:10-CV-0463 | Casetext Search + Citator 22/27 underwear. As such, the Superior Court did not explicitly consider whether this ruling violated Defendant's Sixth Amendment right to confront witnesses. Nevertheless, as discussed, supra, the exceptions to the Rape Shield Statute in Pennsylvania \"have been recognized in an effort to reconcile the effect of the statute in excluding evidence with the accused's sixth amendment right to confrontation and cross-examination.\" See Guy, supra, 686 A.2d at 400. Further, as discussed, supra, the written proffer procedure that was followed in this case was developed to ensure that a defendant's Sixth Amendment rights to confront and cross-examine witnesses against him are not violated by the application of the Rape Shield Law. See Wall, supra, 606 A.2d at 457; see Burns, supra, 988 A.2d at 691 state court need neither cite the decisions of the United States Supreme Court nor even be aware of its cases, \"so long as neither the reasoning nor the result of the state-court decision contradicts them.\" Early v. Packer, 537 U.S. 3, 8 (2002); see also Priester v. Vaughn, 382 F.3d 394, 398 (3d Cir. 2004); Young v. Grace, Civil No. 3:07-CV- 016, 2010 3489046, at *5 (M.D. Pa. Sep. 2, 2010) (Vanaskie, Circuit Judge Sitting by Designation). Therefore, even though United States Supreme Court cases concerning a defendant's *28 Sixth Amendment rights are not explicitly cited in the state court decisions in this case, where the decisions were based on the application of Pennsylvania cases that balance the interests of the victim and the Sixth Amendment rights of the defendant in reaching their holdings, a consideration of Nyamwange's Sixth Amendment rights is implicit in the decisions. 28 As set forth in the Standard of Review, supra, Nyamwange has the burden of establishing that the state court's adjudication of his claim is \"contrary to\" clearly established precedent of the Supreme Court of the United States or involves an \"unreasonable application\" of such precedent. See Williams, supra, 529 U.S. 362. In his reply brief, Nyamwange argues that Olden, supra, is the relevant precedent in a habeas proceeding raising a confrontation claim. ( See Doc. 9 at 14.) He avers that pursuant to Olden, \"[a] relationship with another is relevant to prove a victim's motive to falsely accuse another of rape.\" ( See id. (citing Olden, 488 U.S. 227).) 2/17/25, 2:58 Nyamwange v. Fisher NO. 1:10-CV-0463 | Casetext Search + Citator 23/27 Although he argues that the instant case is \"almost indistinguishable from Olden\" ( see id. at 15), we reach the opposite conclusion. In Olden, two male defendants who had been indicted for kidnapping, rape, and forcible sodomy asserted a defense of consent. Olden, 488 U.S. at 229. Specifically, they asserted that the victim falsely accused defendants of rape to protect her relationship with her *29 boyfriend, with whom she was having an extramarital affair at the time of the incident in question, and with whom she was living at the time of trial. Id. at 230. Under the facts of that case, the victim admitted that she had become intoxicated at a bar and voluntarily left with one of the defendants, and that both defendants raped her before dropping her off at her request in the vicinity of her boyfriend's house. Id. at 228. The boyfriend heard a noise outside his house, came outside, saw his girlfriend getting out of the car with the two defendants in it, and the victim immediately told her boyfriend that the defendants had raped her. Id. at 228- 29. 29 At trial, the defendant sought to introduce evidence that the victim was living with her boyfriend at the time of trial to show her motive to lie to him about the rape to protect her relationship with him. Id. However, the trial court denied the defendant's request to introduce this evidence, including by precluding his ability to cross-examine the victim on the issue after she testified on direct examination that she was living with her mother at the time of trial. Id. at 230. One defendant was acquitted on all charges, and the second defendant was acquitted of kidnapping and rape, but convicted of forcible sodomy. Id. The United States Supreme Court held that the convicted defendant's Sixth Amendment right to confront the witnesses against him was violated by the state court's denial of his request to cross-examine the victim regarding her cohabitation *30 with her boyfriend at the time of trial. Id. at 232-33. The Court concluded that where the defendant consistently asserted that he and the victim engaged in consensual sexual acts and that the victim lied to her boyfriend about being raped out of fear of jeopardizing her relationship with him, \"`[a] reasonable jury might have received a significantly different impression of [the witness'] credibility had [defense counsel] been permitted to pursue his proposed line of cross-examination.'\" Id. at 232 (quoting Delaware v. Van Arsdall, supra, 475 U.S. at 680). In applying the Van 30 2/17/25, 2:58 Nyamwange v. Fisher NO. 1:10-CV-0463 | Casetext Search + Citator 24/27 Arsdall factors in considering whether the error that occurred in disallowing this cross-examination was harmless beyond a reasonable doubt, the Court concluded that, where the victim's testimony was central to the prosecution's case and was corroborated only by the \"largely derivative testimony\" of her boyfriend, and where \"the State's case against [the defendant] was far from overwhelming,\" the Court could not conclude beyond a reasonable doubt that the violation of the defendant's rights under the Confrontation Clause was harmless. Id. at 233. In contrast, in the case at hand, the trial court did not preclude Nyamwange from questioning the victim and her boyfriend about their relationship. Rather, the trial court's ruling on Nyamwange's renewed proffer acknowledged that the relationship between the victim and her boyfriend is relevant to the issue of the victim's bias and motive, and therefore, the trial court ruled that Nyamwange could *31 question the victim and her boyfriend as to whether they had an intimate physical relationship. ( See Doc. 9-2 at 32- 33, 9/4/07 Tr. of Arg. on Renewed Proffer.) Nyamwange's argument is that, where the witnesses did not answer as he anticipated in that the victim testified that Tepedino \"was a friend dated him before, and I'm dating him now\" ( see Doc. 9-3 at 15), and Tepedino testified that the victim was not his girlfriend at the time of the November 22, 2007 incident ( see Doc. 9-5 at 37- 38), the trial court's failure to allow him to then confront these witnesses with the evidence violated Nyamwange's rights under the Confrontation Clause. However, Nyamwange fails to present a compelling argument that the failure of the witnesses to acknowledge their relationship should change the trial court's determination that Nyamwange's proffer that the evidence showed the victim's motivation to lie \"was the very epitome of vague and conjectural\" ( see Doc. 1-6 at 7-8), and that the evidence thus was barred by the Rape Shield Statute. 31 Olden also is distinguishable because in that case, the victim was seen by her boyfriend getting out of a car with two men in it, and thus the jury appropriately could draw an inference that the victim would have a motive to lie to protect her relationship with her boyfriend by stating that she had been raped rather than admitting to consensual sexual activity. Here, the victim would not have a motive to lie to her boyfriend that would be created by him observing her with Nyamwange. Tepedino *32 testified that he knew 32 2/17/25, 2:58 Nyamwange v. Fisher NO. 1:10-CV-0463 | Casetext Search + Citator 25/27 that the victim was at Nyamwange's house and that he did not know exactly where Nyamwange's house was ( see Doc. 9-5 at 23-24, Tepedino Test.), and thus, there was no possibility of him observing the victim and Nyamwange there. Moreover, contrary to Nyamwange's argument, a motivation to lie cannot logically be inferred from the victim's loss of cell phone contact with Tepedino. Where Tepedino knew that the victim was at Nyamwange's house waiting to go to work, the victim could have explained her loss of cell phone contact in a variety of ways, including that she was talking to Nyamwange or watching television or reading, et cetera. As observed by the Pennsylvania Superior Court in its opinion affirming Nyamwange's conviction, \"[t]he mere fact that the victim had a boyfriend with whom she was or was not sexually active does not establish she had any hostility or bias toward [Nyamwange], or possessed a motive to fabricate an assault.\" ( See Doc. 1-3 at 8, 6/8/09 Pa. Super. Ct. Op.) As such, this case also is distinguishable from Olden in that if the evidence of Tepedino's on the victim's thong was placed before the jury here, it would not give them a \"significantly different impression\" of the victim's credibility with respect to her allegations against Nyamwange because the fact of her relationship with Tepedino in of itself does not establish a motive for the victim to lie about being attacked by Nyamwange. See Olden, 488 U.S. at 232 (quoting Van Arsdall, 475 U.S. at 680). *33 33 Based on the foregoing, we conclude that the standards relied upon by the state courts on the issue now before us in the instant Petition were in accord with applicable federal law, and thus, we find that Nyamwange has failed to demonstrate that he is entitled to habeas relief. Accordingly, the Petition will be denied For the foregoing reasons, the Petition for Writ of Habeas Corpus (Doc. 1) will be denied. We also will deny a certificate of appealability based on the reasoning in this Memorandum. However, Petitioner is advised that he has the right for thirty (30) days to appeal our order denying his petition, see 28 U.S.C. \u00a7 2253(a); Fed.R.App.P. 4(a)(1)(A), and that our denial of a certificate of appealability does not prevent him from doing so, as long as he also seeks, 2/17/25, 2:58 Nyamwange v. Fisher NO. 1:10-CV-0463 | Casetext Search + Citator 26/27 and obtains, a certificate of appealability from the court of appeals. See Fed.R.App.P. 22. An appropriate Order will 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. 2/17/25, 2:58 Nyamwange v. Fisher NO. 1:10-CV-0463 | Casetext Search + Citator 27/27", "7316_104.pdf": "9c19-50b300335bfb.html Trial Starts for Professor Accused of Raping Student Sep 6, 2007 The trial began for East Stroudsburg University professor Richard Nyamwange He's charged with sexually assaulting one of his students inside his home. But his lawyers say the sex was consensual. WFMZ's Joscelyn Moes has the story. Anything that you'd like to say sir? The East Stroudsburg University professor faced reporters after facing a jury on the first day of his trial. Richard Nyamwange ... is accused of raping a 19-year-old. In court the woman -- now 20 years old -- testified that she did some administrative work for the associate professor of economics while taking classes at East Stroudsburg University in Monroe County last summer. One of the classes she took was with Nyamwange. She testified Nyamwange invited her to lunch on November 22nd and then asked her to follow him to his home on Oak Lane in East Stroudsburg so that he could pay her for the work she did for him. The girl said that Nyamwange led her to an upstairs bedroom and raped her. While this was going on ... she testified that the professor kept saying -- quote -- \"It's been so long. It's been so long.\" Afterward, the girl said she left Nyamwange's house, called a friend, and met him at a local mall to tell him what happened. She said she later told her mother who called police. The Defense plans to prove that Nyamwange didn't do anything without consent. In court.. attorneys said the alleged victim's story keeps changing. The defense told the jury quote -- \"In the end you're gonna see there's a victim ... and it's Richard Nyamwange.\" Nyamwange is charged with rape, sexual assault, and indecent assault. Family and friends of both him and the alleged victim ...declined to comment. >> 16:00-16:08-- Standup Nyamwange is out on bail. The trial will continue tomorrow. In Stroudsburg, Monroe County ... Joscelyn Moes ... 69 News. Local Trending News 2/17/25, 2:59 Trial Starts for Professor Accused of Raping Student | News | wfmz.com 1/2 Powered by Foundation Tavern honors musicians with annual Music Appreciation Night 2/17/25, 2:59 Trial Starts for Professor Accused of Raping Student | News | wfmz.com 2/2", "7316_105.pdf": "Case Law ( Nyamwange v. Fisher Decision Date 23 June 2011 Docket Number NO. 1:10-CV-0463 Parties NYAMWANGE, Petitioner v D. FISHER, Respondent. Court U.S. District Court \u2014 Middle District of Pennsylvania Your World of Legal Intelligence (/) United States | 1-800-335-6202 Document Cited authorities 47 Cited in 1 Precedent Map Related NYAMWANGE, Petitioner v D. FISHER, Respondent NO. 1:10-CV-0463 June 23, 2011 Hon. John E. Jones FOLLOWS: Petitioner Richard Nyamwange (\"Petitioner\" or \"Nyamwange\"), a former state inmate, who presently is a detainee of the United States Immigration and Customs Enforcement (\"ICE\") Office confined at the Pike County Correctional Facility in Lords Valley, Pennsylvania, initiated the above action through counsel by filing a Petition for Writ of Habeas Corpus (\"Petition\") under the provisions of 28 U.S.C. \u00a7 2254 ( (Doc. 1.) Nyamwange challenges his 2007 conviction in the Court of Common Pleas of Monroe County, Pennsylvania, of one (1) count of sexual assault, one (1) count of aggravated indecent assault, and two (2) counts of indecent assault. At the time of filing, Nyamwange was serving the two and one-half (2 V) to five (5)year sentence of imprisonment imposed by the Court of Common Pleas of Monroe County.1 The Petition is fully briefed and ripe for disposition. For the reasons set forth herein, the Petition will be denied I. Criminal Conviction in State Court 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 The facts surrounding the events that gave rise to Nyamwange's arrest and his conviction in the Monroe County Court of Common Pleas were summarized by the Pennsylvania Superior Court in its Memorandum disposing of his direct appeal from his judgment of sentence as follows: In the summer of 2006, the victim was a 19-year-old student at East Stroudsburg University and was employed in a work-study program run by the Office of Business Management and Economics. [Nyamwange] was professor of economics at the university, and hired the victim to do secretarial work for him. For unrelated reasons, [Nyamwange] did not pay the victim at the end of the summer, and the victim, a local resident, transferred to a new school. Accordingly, when the victim was home for Thanksgiving, she agreed to have lunch with [Nyamwange] for thepurpose of receiving her back pay. [Nyamwange] forgot his checkbook, however, and the victim accepted [Nyamwange's] invitation to return to his home for the purposes of being paid and seeing the home remodeling work that [Nyamwange] was having performed. The parties drove separately to [Nyamwange's] home. Once there, [Nyamwange] took the victim on a tour of the premises, ending in [Nyamwange's] upstairs bedroom. At [Nyamwange's] suggestion, the victim remained in [Nyamwange's] bedroom watching television until it was time for her to leave for her 3:00 p.m. job at the local mall. [Nyamwange] went downstairs. From prior to lunch until this point in time, the victim had been in constant cell phone/texting contact with Joseph Tepedino, her boyfriend. N.T., 9/6/07, at 40-42, 45. Twenty minutes later, [Nyamwange] came upstairs and wrote the victim a check for the $75.00 he owed to her. According to the victim's testimony, as she rose to leave, [Nyamwange] 'fell into her,' knocking her back on his bed. Id. at 47. The victim feared that [Nyamwange] had a heart attack, and asked if he was all right. The victim testified that [Nyamwange] then stated, 'it's been so long,' and tried to kiss her. Id. at 47-48. The victim, who at this point began to cry, told [Nyamwange] 'no,' and tried to squirm out from under [Nyamwange's] body. Id. at 48-49. Using one hand, [Nyamwange] pinned the victim's arms above her head and continued to kiss the victim's mouth and 'all over her cheeks.' He also licked her chest. Id. at 50- 51. In an unsuccessful effort to make her assailant stop, the victim bit [Nyamwange's] lip and nipple. Id. at 51-52. While rubbing his clothed body against the victim's body, [Nyamwange] pushed up the victim's skirt and pushed aside the shorts and panties that she wore underneath. Id. at 52. [Nyamwange] digitally penetrated the victim's vagina. Id. at 53. [Nyamwange] then exposed his penis and put it inside the victim's vagina. Id. at 54. The victim testified as follows: [Victim kept telling him no, and he kept telling me that it wasn't going to hurt me and that he wasn't going to come in me, and he kept saying it's been so long. Q: When you told him no, [victim], did he stop and get off you? [Victim]: No. Q: At any point, [victim], did you see or do you know whether or not he had ejaculated? [Victim]: Yeah. He had let go of me, and then he had ejaculated into his hand, and then he got up and went to the bathroom, and that was when left. Id. at 55 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 The victim testified that she ran downstairs, and [Nyamwange] followed. He 'bear hugged' her and offered cash instead of a check. Id. at 57. The victim threw the money at [Nyamwange] and ran out of the front door. The victim testified that she drove to the end of the street, stopped her car, and cried. Id. at 58. She telephoned Tepedino and the two arranged to meet at the mall where the victim was employed. Id. at 59. [Nyamwange] subsequently was arrested and charged. [Nyamwange's] omnibus pre-trial motion was denied, in pertinent part, on April 24, 2007. Docket Entry 19. An opinion was filed the same day. Id. On September 10, 2007, a jury convicted [Nyamwange] as stated above. Sentencing occurred on February 1, 2008. Bail pending appeal was denied. No other post-sentence motion was filed timely notice of appeal was filed on February 15, 2008. In February 20, 2008, the court directed [Nyamwange] to file a Pa. R.A.P. 1925(b) statement of errors complained of on appeal within 21 days. [Nyamwange] complied on March 5, 2008. The court filed its initial opinion on April 29, 2008, and a supplemental opinion on May 9, 2008. (Doc. 1-3 at 2-4, 6/8/09 Pa. Super. Ct. Op.)2 II. Direct Appeal In his direct appeal from his judgment of sentence, Nyamwange raised three (3) issues for review, which the Pennsylvania Superior Court summarized as follows: 1. Whether a new trial is required since the trial court erred by finding the Rape Shield Statute restricted Nyamwange's cross-examination of the alleged victim and Joseph Tepedino, her boyfriend, where the defense was arguing she fabricated her lack of consent to protect her relationship with Tepedino, where Tepedino's was found on the alleged victim's thong, where she denied having consensual sex with anyone within two weeks prior to the incident and where Tepedino denied having a relationship with the alleged victim prior to the alleged victim's incident with Nyamwange?3 2. Whether a new trial is required since the trial court failed to read Nyamwange's proposed charge on reasonable mistake of fact? 3. Whether a new trial is required since the trial court erred in not granting Nyamwange's Omnibus Pre- trial Motion to suppress what was seized by the Commonwealth's search warrants? (See Doc. 1-3 at 4-5, 6/8/09 Pa. Super. Ct. Op.) The Pennsylvania Superior Court concluded that each of Nyamwange's arguments was devoid of merit, and therefore, affirmed the judgment of sentence. (See id. at 5-13.) Nyamwange subsequently filed a Petition for Allowance of Appeal with the Pennsylvania Supreme Court in which he raised the following two (2) questions for review: 1. Whether by limiting Nyamwange's cross examination of D.P. and Tepedino and denial of admittance of evidence of boyfriend's on D.P.'s thong, the trial court denied Nyamwange his constitutional right to due process and to confront witnesses against him. 2. Whether the trial court erred when it failed to read Nyamwange's proposed charge on reasonable mistake of fact? (Doc. 1, Petition, at 6 \u00b6 9(m).) By Order dated November 24, 2009, the Pennsylvania Supreme Court denied Nyamwange's Petition for Allowance of Appeal. (Doc. 1-5, 11/24/09 Order.) III. Petition for Writ of Habeas Corpus On March 2, 2010, Nyamwange's counsel filed the instant Petition on his behalf. (Doc. 1.) In his Petition, he raises the following issue for review 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 Whether the trial court's limitations on cross examination of complainant and her boyfriend and the trial court's denial of Petitioner's use of evidence of complainant's boyfriend's on the complainant's thong to confront the complainant and her boyfriend after they denied having a relationship violated Petitioner's constitutional right to due process and to confront witnesses where the defense argued complainant lied about her consensual sexual encounter with Petitioner to mask her infidelity. (Doc. 1 at 7 \u00b6 12.) By Order dated March 3, 2010, we directed service of the Petition on Respondents. (Doc. 3 Response to the Petition was filed on behalf of Respondents by the Monroe County District Attorney's Office on March 23, 2010. (Doc. 7.) Respondents subsequently filed supporting exhibits, consisting of the reproduced record filed by Nyamwange on appeal to the Pennsylvania Superior Court (Docs. 10-5 through 10-8); briefs submitted to the Pennsylvania Superior Court on direct appeal, including Nyamwange's appellate brief (Doc. 10), the Commonwealth's appellate brief (Doc. 10-2), and Nyamwange's reply brief (Doc. 10-4); and a copy of the Pennsylvania Superior Court's June 8, 2009 Memorandum affirming Nyamwange's judgment of sentence (Doc. 10-3). On April 6, 2010, Nyamwange filed a reply brief (Doc. 9) and an Appendix consisting of the portions of the reproduced record submitted by him on direct appeal that he identifies as relevant to the issue raised in the instant Petition. (Docs. 9-2 through 9-13.) Accordingly, the Petition is fully briefed and ripe for disposition habeas corpus petition pursuant to 28 U.S.C. \u00a7 2254 ( 945211125) is the proper mechanism for a state prisoner to challenge the \"fact or duration\" of his confinement. Preiser v. Rodriguez, 411 U.S. 475, 498-499 (1973) ( rodriguez-8212-891725967). \"[I]t is not the province of a federal habeas court to reexamine state-court determinations on state-law questions.\"Estelle v. McGuire, 502 U.S. 62, 67-68 (1991) ( law.vlex.com/vid/estelle-v-mcguire-no-887530057). Rather, federal habeas review is restricted to claims based \"on the ground that [petitioner] is in... 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", "7316_106.pdf": "2012 Decisions Opinions of the United States Court of Appeals for the Third Circuit 9-12-2012 Richard Nyamwange v. Atty Gen Richard Nyamwange v. Atty Gen Follow this and additional works at: Recommended Citation Recommended Citation \"Richard Nyamwange v. Atty Gen USA\" (2012). 2012 Decisions. 453. This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in 2012 Decisions by an authorized administrator of Villanova University Charles Widger School of Law Digital Repository ___________ No. 11-3924 ___________ NYAMWANGE, Petitioner v STATES, Respondent ____________________________________ On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. A029-043-107) Immigration Judge: Honorable Walter A. Durling ____________________________________ Submitted Under Third Circuit 34.1(a) August 22, 2012 Before and ROTH, Circuit Judges (Opinion filed: September 12, 2012) ___________ ___________ Richard Michreka Nyamwange, a citizen of Kenya, was admitted to the United States as a lawful permanent resident in 1988. In 2008, after a jury trial in the 2 Pennsylvania Court of Common Pleas at Monroe County, he was convicted of sexual assault in violation of 18 Pa. Cons. Stat. \u00a7 3124.1 and aggravated indecent assault without consent in violation of 18 Pa. Cons. Stat. \u00a7 3125(a)(1). He was sentenced to a term of two and a half to five years in prison for the former offense and five years of probation for the latter. Subsequently, the Government charged Nyamwange as removable as an alien convicted of an aggravated felony as defined in 8 U.S.C. \u00a7 1101(a)(43)(A) (relating to rape), and in 8 U.S.C. \u00a7 101(a)(43)(F) (a crime of violence, as set forth in 8 U.S.C. \u00a7 16, for which the alien received a sentence of at least one year in prison). Ultimately,1 the Board of Immigration Appeals (\u201cBIA\u201d) held that Nyamwange was removable on the basis that his sexual assault offense under 18 Pa. Cons. Stat. \u00a7 3124.1 was a categorical aggravated felony under 8 U.S.C. \u00a7 101(a)(43)(F). Nyamwange appeals. Our jurisdiction is circumscribed because Nyamwange is removable for having been convicted of an aggravated felony. See 8 U.S.C. \u00a7 1252(a)(2)(C). However, we retain jurisdiction over constitutional claims and questions of law, including the main question at issue in this appeal, namely, whether Nyamwange was convicted of an aggravated felony. See Pierre v. Attorney Gen. of the United States, 528 F.3d 180, 184 (3d Cir. 2008) (en banc) (citing 8 U.S.C. \u00a7 1252(a)(2)(C)-(D)). 1 As the parties are aware, the procedural history of this case before this agency was not uneventful. However, we will not recount the history in detail, for it is not relevant to the outcome of this case. 3 Pertinent to our analysis is Nyamwange\u2019s conviction for sexual assault, for which he received a sentence of more than one year in prison. He was convicted under a statute that provides that \u201c. . . a person commits a felony of the second degree when that person engages in sexual intercourse or deviate sexual intercourse with a complainant without the complainant\u2019s consent.\u201d 18 Pa. Cons. Stat. \u00a7 3124.1. We have already analyzed this statute in detail and concluded that a conviction under it constitutes a crime of violence pursuant to 18 U.S.C. \u00a7 16(b) and an aggravated felony under 8 U.S.C. \u00a7 1101(a)(43)(F). See Aguilar v. Attorney Gen. of the United States, 663 F.3d 692, 700-04 (3d Cir. 2011). We reject Nyamwange\u2019s arguments to the contrary (including his arguments about why he believes our decision in Aguilar is incorrect, see Reich v. D.M. Sabia Co., 90 F.3d 854, 858 (3d Cir. 1996) (explaining that a panel of the court is bound by a published decision of a prior panel absent intervening authority or amendments to the relevant statutes or regulations)). Accordingly, we hold that the did not err in ruling that Nyamwange was removable. We will deny the petition for review.2 2 We also have considered Nyamwange\u2019s arguments about the Government\u2019s alleged waiver or abandonment, during the administrative proceedings, of the charge on which Nyamwange was found removable. We conclude that the arguments are without merit. We review the decision of the BIA, which ruled on the charge (which the Government had included in the notice to appear). The has been delegated authority by the Attorney General, see 8 C.F.R. \u00a7 1003.1, who is the respondent in this case, and who is charged with the administration and enforcement of the Immigration and Nationality Act, see 8 U.S.C. \u00a7 1103(a)(1). Furthermore, we are unaware of any authority that holds that any deficiency in briefing by the Government during the administrative process requires an Immigration Judge, the BIA, or us to deem a charge waived or abandoned.", "7316_107.pdf": "Former professor accquitted of rape Published: Sep. 11, 2007, 1:27 p.m. By Frantz | For lehighvalleylive.com former professor at East Stroudsburg University was acquitted of rape charges against him stemming from a Nov. 22 incident with a former student at his home. Richard Nyamwange faced charges of rape along with sexual assault, aggravated assualt and indecent assault, but a Monroe County jury was not convinced a rape occurred. Instead they found him guilty of two charges assault, which carry a maximum penalty of 10 years each in prison. Sentencing is set for Nov. 5. Read the full story here. If you purchase a product or register for an account through a link on our site, we may receive compensation. By using this site, you consent to our User Agreement and agree that your clicks, interactions, and personal information may be collected, recorded, and/or stored by us and social media and other third-party partners in accordance with our Privacy Policy. About Us Contact Us Send Us a News Tip All Access + The Patriot-News online newspaper \u2013 Start today for $1 Subscribe Media Group The Patriot-News Advertise with Us Career Opportunities PennLive Community Rules Accessibility Statement Subscriptions PennLive The Patriot-News Newsletters Already a Subscriber Manage your Subscription Place a Vacation Hold Make a Payment Delivery Feedback PennLive Sections Business Obituaries Jobs Autos Real Estate Rentals Classifieds Home News Sports Football High School Sports Betting Entertainment Pa. Life & Culture Pa. 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Ad Choices", "7316_108.pdf": "Former professor convicted on sexual assault charges Published 12:00 a.m Sept. 11, 2007 Updated 12:57 a.m Sept. 11, 2007 \u2014 Former East Stroudsburg University professor Richard Nyamwange remained stoic and his family and friends kept silent Monday as a jury acquitted him of rape and convicted him on other charges related to the Nov. 22 sexual assault of a former student at his home. Meanwhile, Nyamwange's victim cried tears of relief and vindication as her family hugged her while the jury read its verdict. Since two of the charges on which Nyamwange was convicted each carry a sentence of up to 10 years in prison, he might face up to 20 years, depending on what the judge decides, said the prosecution. Nyamwange, who was not called to testify, was convicted of the following: Sexual assault, defined as sex without the victim's consent. Aggravated indecent assault. Indecent assault through indecent touching without the victim's consent. Indecent assault through rubbing the male sexual organ against the outside of the female sexual organ. Assistant District Attorney Michael Rakaczewski and Stroud Area Regional Police Detective Susan Lyon presented the following case through evidence and witness testimony, some of which has been erroneously reported or not made clear in previous articles: Nyamwange and the victim, his former student and employee, were friends. He owed her money for work she had done for him and invited her to have lunch with him so he could pay her. They met for lunch on Nov. 22. Nyamwange told her he had the check back at his East Stroudsburg townhouse and she agreed to follow him there after lunch. 2/17/25, 3:00 Former professor convicted on sexual assault charges 1/4 When they arrived, painters were working in the house. Nyamwange told her the check was in his third-floor bedroom and took her on a tour of the house before leading her to the bedroom. By then, it was 2:25 p.m. and she told him she had to be at her job at 3 p.m. Instead of handing her the check at that point, Nyamwange told her to wait in the bedroom and make herself comfortable while he left the house to get money to pay the painters. Since they were friends, she trusted him and didn't feel strange about waiting in his bedroom even though that was her first visit to his house. Nyamwange returned at 2:45 p.m. and, while handing her the check, \"leaned into\" her, knocking her back onto the bed with him on top, and then sexually assaulted her. She was wearing a long skirt, not a short one as reported in a previous article. During the assault, she repeatedly told Nyamwange to stop, but did not scream because she feared what he might do to her. After the assault, he got off of her and went into the bathroom while she left the room. On her way back downstairs, Nyamwange caught up to her and tried to hand her cash. She threw the cash back at him and then left the house. At the time, she did not call 911 because she wasn't sure if what had happened was actually rape and felt she didn't have enough proof of it as such. She later called and met with her boyfriend at Stroud Mall. She then called her mother and, through her boyfriend, told what happened. After the victim's boyfriend drove her to her mother's house, where she changed clothes and put the clothes she had been wearing in a bag, she was taken to Pocono Medical Center. There, she was interviewed by police and underwent a forensic examination. Swab samples were taken from saliva on her breast and seminal fluid on the front of her underwear and sent to the state police crime lab in Wyoming. On Nov. 24, police had her make several taped phone calls to Nyamwange to get him to admit to raping her. 2/17/25, 3:00 Former professor convicted on sexual assault charges 2/4 In those taped calls, a pleading, apologetic and at times tearful Nyamwange told her he didn't mean to have sexual contact with her and begged her to meet with him to \"settle\" the matter rather than tell anyone what happened. Police later arrested Nyamwange and executed search warrants on him and his house. Two vials of his blood were obtained and sent to the Wyoming crime lab in the saliva sample matched his DNA, while \"a mixture of DNA\" in the seminal fluid sample \"did not exclude him and the victim as contributors to that fluid.\" Nyamwange told police the victim was the one who came on to him. Yet, he was the one who had apologized to her in the taped phone calls for sexual contact taking place. Defense attorneys James Swetz and Michael McHale called Nyamwange's neighbor and her son-in-law, who was visiting next door with her daughter and grandchildren on the day of the incident, to testify. The neighbor and her son-in-law said they saw Nyamwange and \"a young woman\" outside his home and that Nyamwange introduced the woman to them. They said the woman and Nyamwange appeared friendly with each other and that she didn't seem to be in any distress. They said she told him goodbye and left after he introduced her to them. Although the description they gave of the woman is similar to that of the victim, they couldn't recall her name or what she was wearing or driving. This might lead one to believe the woman supposedly seen with Nyamwange was the alleged victim, which would contradict her story of having been assaulted if she appeared so friendly with him to a neighbor and visitors. But, the prosecution pointed out that the time defense witnesses said they saw Nyamwange with the woman was between 2:25 and 2:45 p.m. This was the same time period during which he reportedly had the victim wait in his bedroom while leaving the house to get money to pay the painters before later returning to 2/17/25, 3:00 Former professor convicted on sexual assault charges 3/4 assault the victim. This would mean the defense witnesses were mistaken about the woman they saw with him at that time being the victim. In the end, the jury believed the victim's story, all except for the rape charge. Nyamwange, the victim and their respective supporters all declined to comment after the jury verdict. \"There are a number of potential appeal issues we plan to discuss,\" Swetz said. Rakaczewski said, \"We believe the jury reached the right decision. The victim's credibility was put under attack and she was put under attack, but in the end the jury believed her and now she has been vindicated.\" Nyamwange will be sentenced Nov. 5 before Monroe County Court Judge Margherita Worthington. 2/17/25, 3:00 Former professor convicted on sexual assault charges 4/4"} |
7,385 | H. Daniel Cohen | Indiana University - South Bend | [
"7385_101.pdf",
"7385_102.pdf",
"7385_103.pdf",
"7385_104.pdf"
] | {"7385_101.pdf": "v (2009) Court of Appeals of Indiana UNIVERSITY, Appellant-Defendant, v. H. Daniel COHEN, Appellee-Plaintiff. No. 20A03-0812-CV-590. Decided: July 30, 2009 Paul H. Sinclair, Paul C. Sweeney, Brian J. Paul, Ice Miller, LLP, Indianapolis, IN, Attorneys for Appellant. Jay Meisenhelder, Ryan P. Sink, Haskin, Lauter, & LaRue, LLP, Indianapolis, IN, Attorneys for Appellee In this interlocutory appeal, the Trustees of Indiana University (the \u201cUniversity\u201d) appeal the trial court's denial of its motion for summary judgment regarding a complaint filed by H. Daniel Cohen. The University raises several issues, which we revise and restate as whether the trial court erred when it denied the University's motion for summary judgment. We reverse. The relevant facts designated by the parties follow. The University hired Cohen in 1987 to serve as a professor of physics with tenure and as Chancellor of the University's campus in South Bend, Indiana female employee of the University accused Cohen of forcibly kissing and groping her breasts during a private meeting in Cohen's office in November of 1994. As a result of the sexual harassment allegations against him, Cohen agreed to resign his position as Chancellor of and the University agreed that Cohen would continue to be a professor of physics. The University and Cohen entered into a letter agreement (the \u201cAgreement\u201d) dated May 2, 1995. The Agreement provided that Cohen would resign as Chancellor of IUSB, effective as of May 10, 1995, and \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/17/25, 3:00 v (2009) | FindLaw 1/16 that Cohen would receive a one-year sabbatical from July of 1995 until June of 1996. Paragraph 3 of the Agreement stated: 3. If Dr. Cohen returns to the University following his sabbatical, he will be a Professor of Physics, with tenure with the rights and responsibilities attendant to that position. His salary will be ten-twelfths (10/12) of his current salary until he reaches age sixty five. As any other faculty member, Dr. Cohen will be eligible to receive yearly salary increments. In the event Dr. Cohen accepts employment elsewhere prior to age sixty-five, the University's obligations under this paragraph shall cease. Appellant's Appendix at 456. Paragraph 10 of the Agreement provided: 10. Any future proven act of sexual harassment or retaliation by Dr. Cohen that occurs from the date of this agreement forth in the course of Dr. Cohen's employment will be considered serious personal misconduct and will result in immediate steps to dismiss Dr. Cohen from the faculty memorandum to that effect shall be kept in Dr. Cohen's file and in the files of Indiana University Counsel. Id. at 459.1 In December 1999, J.G., a female student who was enrolled in one of Cohen's classes, filed a complaint with the University's Affirmative Action Office at (the \u201cAAO\u201d) alleging that Cohen had discriminated against her based on gender, religion, sexual harassment, and retaliation. The investigated J.G.'s allegations by interviewing several faculty members and twelve students who had been in Cohen's class with J.G. In November 2000, the sent its written report to Chancellor Ken Perrin. The report stated: While neither religious nor sexual harassment occurred in the classroom, students did complain, and the evidence supports the fact that Cohen was authoritarian, condescending, and demeaning in his responses to some students. Cohen admits that he swore in class, made religious references to himself and others that were not relevant to the subject of the class, and would come back at students who challenged his authority. Such comments raise potential questions of professional conduct under the \u2024 Code of Academic Ethics as adopted by Indiana University especially as it relates to fostering \u201can atmosphere of mutual trust and respect\u201d in the classroom. * * * * * * It is recommended that the Chancellor meet with the Dean of Liberal Arts and Sciences and the Chair of the Physics Department to take whatever steps are necessary to remedy and monitor Cohen's relations with students to ensure proper respect for all students. Id. at 972. 2/17/25, 3:00 v (2009) | FindLaw 2/16 In June 2000, ten students from one of Cohen's summer session classes wrote a letter to Chancellor Perrin. In the letter, the students complained that Cohen \u201cbehaved inappropriately for his position,\u201d that Cohen \u201cwas constantly cursing and did so directly to students in a small group during an oral exam,\u201d that he \u201cconsistently ridiculed his students for their lack of knowledge about the subjects he was supposed to be teaching,\u201d and that \u201chis demeanor discourages questions and intimidates his students.\u201d Id. at 979- 981. On January 3, 2001, Chancellor Perrin wrote a letter to Cohen addressing Cohen's conduct. Perrin noted in his letter that the raised questions of potential violations of the University's Code of Academic Ethics and that he had interviewed six of the ten students who sent a letter to him regarding Cohen's conduct. Perrin's letter stated: \u201cIt is evident, in spite of your statements to the contrary, that your behavior in the classroom is offensive to many students\u2024 The behavior displayed in your [physical science] classes is in conflict with these core principles of academic ethics, and unacceptable on a student-centered campus.\u201d Id. at 958.2 On March 8, 2001, the South Bend Tribune published a letter to the editor written by Cohen in response to an article critical of Cohen written by Nancy Sulok, a columnist for the Tribune. The last paragraph of Cohen's published letter to the editor read: By the way, have you ever noticed that almost all the women who claim to have been sexually harassed are physically ugly guess they just need to deny their lack of attractiveness to the opposite sex, and to use this method to get the attention and money they cannot otherwise command. Id. at 960. That same day, Cohen was walking to his office when he walked by a room where J.G. was taking a make-up examination in connection with a math class, which was not taught by Cohen. In his deposition, Cohen testified that he made eye contact with J.G., and when asked how long he maintained eye contact with her, Cohen replied: \u201cOrder of five seconds.\u201d Id. at 859. J.G. was \u201cvisibly very distraught\u201d and \u201cclearly and visibly shaken\u201d by the encounter with Cohen. Id. at 975. J.G. filed a complaint with the describing Cohen's actions and alleging retaliation. On March 23, 2001, Cohen filed a complaint of his own with the in which he stated that he did not stand in the doorway and did not \u201cmake any comment to [J.G.] or to anyone else at that time.\u201d Id. at 976. Cohen's complaint then argued that J.G.'s allegations constituted retaliation for the grade she had received in Cohen's course and that J.G. filed her complaint against Cohen in response to seeing his article in the Tribune. In March 2001, Chancellor Perrin sent a letter to Cohen suspending him with pay until the completion of the AAO's investigation. Chancellor Perrin stated in his letter: \u201cAs you know, retaliation against a person for making a good faith complaint violates the law and university policy.\u201d Id. at 989. 2/17/25, 3:00 v (2009) | FindLaw 3/16 The undertook a second investigation of Cohen in response to J.G.'s second complaint. On April 17, 2001, the made a determination that J.G.'s account of the incident between J.G. and Cohen on March 8, 2001, was credible. The AAO's investigation included reviewing J.G.'s and Cohen's complaints and interviewing twelve witnesses, including students and professors. The AAO's report noted that the time and location of J.G.'s make-up exam were determined by her math instructor and the math department's secretary (and the exam had been planned before the Tribune article was published). Furthermore, the math instructor indicated that J.G. \u201cwas a good student doing work in the math class all semester long.\u201d Id. at 938. J.G. \u201chad done work on the exam in question, until the last page, where there were many mistakes. J.G. had completed all but the last page of the exam before Cohen interrupted her.\u201d Id. Noting Cohen's submissions to the South Bend Tribune, the AAO's report found: \u201cCohens's [sic] behavior follows a pattern of harassment and denial\u2024 This denial goes beyond defending himself. It is personal, confrontational, and antagonistic toward women who complain about sexual harassment.\u201d Id. at 939. The also noted that Cohen \u201cforwarded a copy of [J.G.'s] complaint to the press in violation of [Family Educational Rights and Privacy Act] law and policy. This breach of confidentiality went beyond defending himself.\u201d Id. at 940-941. The AAO's report concluded: We find that Professor Cohen has violated the Indiana University policy on sexual harassment by creating a hostile intimidating learning environment for women. We also find that he violated the sexual harassment policy by retaliating against [J.G.]\u2024 He retaliated against [J.G.] even though the evidence in the original complaint was insufficient to sanction him \u2024 and we find that Cohen targets women in his derisive and menacing behavior\u2024 Id. at 941. On April 24, 2001, Cohen submitted a memo to Chancellor Perrin in response to the report arguing that the report lacked credibility and was full of bias. At the request of Chancellor Perrin, the Academic Senate Promotion, Tenure, and Reappointment Committee met and reviewed the AAO's report from April 17, 2001, and Cohen's written response to the AAO's report, and the Committee recommended \u201cthat proceedings of dismissal of Dr. Cohen be initiated.\u201d Id. at 948. On May 3, 2001, Chancellor Perrin sent a letter to Cohen notifying Cohen that he was being dismissed from the faculty of the University, effective May 13, 2001, on the grounds that Cohen \u201cengaged in serious personal misconduct\u201d and because he \u201cviolated the University's Code of Academic Ethics.\u201d Id. at 1072-1073. Chancellor Perrin's letter also stated that the Faculty Board of Review would hold a hearing regarding Cohen's dismissal as required by the Faculty Constitution. In June of 2001, the Faculty Board of Review conducted a hearing \u201cwith regard to the dismissal and revocation of tenure of Prof. Cohen.\u201d Id. at 1076. The hearing lasted approximately twenty hours, during which the Faculty Board of Review reviewed documents submitted by Cohen and the University and heard testimony from nine witnesses, including Cohen, Chancellor Perrin, an officer, J.G., a police officer, and several former students. The Board determined that Cohen intimidated students, 2/17/25, 3:00 v (2009) | FindLaw 4/16 referred to students as stupid, repeatedly and inappropriately yelled at students, made offensive remarks regarding a student's race, and made negative comments about students' religious beliefs. The Board also found that Cohen passed by the room in which J.G. was taking a make-up math exam and that Cohen behaved in a manner that J.G. reasonably found to be hostile and intimidating. The Board concluded that Cohen repeatedly demonstrated disrespect toward students, created a hostile and intimidating learning environment for students, \u201crepeatedly and knowingly violated the Indiana University Code of Academic Ethics,\u201d and that Cohen's behavior constituted serious personal misconduct. Appellant's Appendix at 1081. The Faculty Board of Review unanimously recommended that Cohen be dismissed from the tenured faculty at the University \u201cdue to serious personal misconduct arising from his violation of the Code of Academic Ethics.\u201d Id. at 1076. Specifically, the Board's written recommendation provided: Prof. Cohen has been given many opportunities to succeed at this university. He foreclosed his earlier opportunity as an administrator through his own actions. He has since had further opportunities to succeed as a professor. As faculty members, we firmly believe that, despite numerous and sincere efforts by many parties, Prof. Cohen has refused to conform to the simple but foundational duties required of all members of this faculty. We also firmly believe that his failure to meet these duties would continue if he were to remain on the University's faculty. Prof. Cohen stated as much at the hearing when he said words to the effect that am in my 60's, and it is unlikely that will change.\u201d Accordingly, we believe that sanction short of dismissal will be ineffective in preserving the learning and teaching environment of IUSB's academic community. Id. at 1081-1082. The Faculty Board of Review's recommendation that Cohen be dismissed was based on its determination that Cohen violated the Indiana University Code of Academic Ethics. On August 2, 2001, the President of the University sent a letter to Cohen concurring with the recommendations of Chancellor Perrin and the Faculty Board that Cohen be dismissed from the University faculty. In April, 2003, Cohen filed a complaint against the University alleging that the University breached its Agreement \u201cby terminating his employment without reason.\u201d Appellant's Appendix at 169. On March 19, 2008, the University filed a motion for summary judgment. On May 23, 2008, the trial court denied the University's summary judgment motion, finding that the language in Paragraph 3 of the Agreement that Cohen must perform his duties according to the \u201cresponsibilities attendant to [his] position\u201d was ambiguous and that an issue of material fact existed as to whether Cohen breached Paragraph 10 of the Agreement. Id. at 2323 n. 2. Both parties filed several motions and briefs with the trial court, including a motion in limine and an amended motion in limine filed by Cohen, a motion to reconsider by the University, a response brief by Cohen, a reply brief by the University, a surreply brief by Cohen, a brief in response to new arguments by the University, and a sur-surreply by Cohen. The trial court denied the University's motion to reconsider. The trial court certified for interlocutory appeal its ruling denying the University's motion for summary judgment on November 10, 2008. 2/17/25, 3:00 v (2009) | FindLaw 5/16 The sole issue is whether the trial court erred by denying the University's motion for summary judgment. Our standard of review for a trial court's denial of a motion for summary judgment is well settled. Summary judgment is appropriate only where there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Ind. Trial Rule 56(c); Mangold ex rel. Mangold v. Ind. Dep't of Natural Res., 756 N.E.2d 970, 973 (Ind.2001). All facts and reasonable inferences drawn from those facts are construed in favor of the nonmovant. Mangold, 756 N.E.2d at 973. Our review of a summary judgment motion is limited to those materials designated to the trial court. Id. We must carefully review a decision on summary judgment to ensure that a party was not improperly denied its day in court. Id. at 974. The University argues that the trial court erred by denying its motion for summary judgment. The University argues that Cohen was subject to the standards set forth in the University's faculty handbooks (including the University's Code of Academic Ethics) and thus the University was permitted to dismiss/terminate Cohen for violations of the Code of Ethics.3 On the other hand, Cohen argues that Paragraph 3 of the Agreement is ambiguous as to \u201cwhether \u2018the rights and responsibilities attendant to the position [of a tenured Professor of Physics]\u2019 [4 ] to which the 1995 Agreement refers are those in the Constitutions and Handbooks.\u201d Appellee's Brief at 13. In its order denying summary judgment, the trial court discussed Paragraph 3 of the Agreement and stated: The Court specifically finds paragraph three of the [Agreement] to be ambiguous as to whether or not the Constitutions and Handbook override the specific language in paragraph ten, which clearly limits University's right to dismiss Cohen only for \u201csexual harassment and retaliation[.] [5]\u201d Clearly, paragraph three provides Cohen must perform his duties according to the \u201cresponsibilities attendant to [his] position.[\u201d] \u2024 The Court finds the [Agreement] is ambiguous on this point. Id. at 2323 n. 2. Generally, the construction of a written contract is a question of law for which summary judgment is particularly appropriate. City of Lawrenceburg v. Milestone Contractors, L.P., 809 N.E.2d 879, 883 (Ind.Ct.App.2004), trans. denied. Interpretation of a contract presents a question of law and is reviewed de novo. Bailey v. Mann, 895 N.E.2d 1215, 1217 (Ind.2008 contract will be found to be ambiguous only if reasonable persons would differ as to the meaning of its terms. Beam v. Wausau Ins. Co., 765 N.E.2d 524, 528 (Ind.2002); Fackler v. Powell 891 N.E.2d 1091, 1096 (Ind.Ct.App.2008), trans. denied; Fetz v. Phillips, 591 N.E.2d 644, 647 (Ind.Ct.App.1992). When reasonable persons would find a contract susceptible of more than one construction, an ambiguity exists and should be resolved by the trier of fact. City of Lawrenceburg, 809 N.E.2d at 883; Fetz, 591 N.E.2d at 647. When the language of a 2/17/25, 3:00 v (2009) | FindLaw 6/16 written contract is not ambiguous, however, its meaning is a question of law for which summary judgment is particularly appropriate. Fetz, 591 N.E.2d at 647 (quotation marks and citation omitted contract is not ambiguous merely because the parties disagree as to its proper construction. Ethyl Corp. v. Forcum-Lannom Assocs., Inc., 433 N.E.2d 1214, 1217 (Ind.Ct.App.1982). When this court interprets an unambiguous contract, we must give effect to the intentions of the parties as expressed in the four corners of the instrument. Id.; Collins v. McKinney, 871 N.E.2d 363, 372 (Ind.Ct.App.2007). Clear, plain, and unambiguous terms are conclusive of that intent. Fetz, 591 N.E.2d at 647. This court will not construe clear and unambiguous provisions, nor will we add provisions not agreed upon by the parties. Fetz, 591 N.E.2d at 647; Wilson v. Elliott, 589 N.E.2d 259 (Ind.Ct.App.1992). In interpreting an agreement, the court is under an obligation to read the agreement in a manner which harmonizes its provisions as a whole and to give effect to the parties' expressed intent. Kelly v. Smith, 611 N.E.2d 118, 121 (Ind.1993). See also Evansville-Vanderburgh School Corp. v. Moll, 264 Ind. 356, 363, 344 N.E.2d 831, 837 (Ind.1976) (\u201cThe meaning of a contract is ascertained from a consideration of all its provisions, not from a consideration of individual words, phrases or paragraphs read alone.\u201d). Paragraph 3 of the Agreement states: 3. If Dr. Cohen returns to the University following his sabbatical, he will be a Professor of Physics, with tenure with the rights and responsibilities attendant to that position. His salary will be ten-twelfths (10/12) of his current salary until he reaches age sixty five. As any other faculty member, Dr. Cohen will be eligible to receive yearly salary increments. In the event Dr. Cohen accepts employment elsewhere prior to age sixty-five, the University's obligations under this paragraph shall cease. Appellant's Appendix at 456 (emphasis added). Paragraph 3 refers to the \u201crights and responsibilities attendant to\u201d the position of a tenured professor. Id. The language does not in any way limit Cohen's responsibilities under the University's faculty handbooks. The clause at issue in Paragraph 3 reveals the parties' intent that Cohen be responsible for fulfilling those obligations which he would have been required to fulfill had he been a professor at the University whether or not he entered into the Agreement.6 The responsibilities of members of the faculty at the University are set forth in the University's faculty handbooks.7 The Indiana University Academic Handbook included information related to a number of topics, including policies regarding academic appointments, annual reviews and promotions, plagiarism, and work condition policies (including travel, political activities, and conflicts of interest policies). The Indiana University Academic Handbook also contained the faculty's Constitution and included specific information regarding faculty governance, the function of the Faculty Review Board, the standards and procedures of the Faculty Review Board, and the University's Code of Academic Ethics (the \u201cCode of Ethics\u201d). The Code of Ethics contained a number of specific faculty responsibilities, including 2/17/25, 3:00 v (2009) | FindLaw 7/16 responsibilities related to testing and grading systems, availability to students and office hours, letters of evaluation, outside commitments and conflicts of interest, completion of records and data, criminal conduct, physical violence, destruction of University property, possession of firearms, possession of alcoholic beverages, falsifying information, occupation of University buildings, and rioting. The Indiana University South Bend Academic Handbook 8 included additional information for faculty at IUSB, including guidelines for promotion, tenure and reappointment (including criteria and procedures), faculty work assignment requirements, salary guidelines and review process, sabbatical leave eligibility and guidelines, academic rules and regulations, and faculty-student relations policies (including policies regarding release of information in student records, consultation with students, and sexual and racial harassment). The Indiana University Academic Handbook provided that a faculty member may be dismissed for incompetence, serious personal or professional misconduct, or extraordinary financial exigencies of the University. Also, the possible sanctions for violation of the Code of Ethics included \u201creprimand, consideration in establishing annual salary, consideration in promotion decisions, consideration in tenure decisions, retention of salary, termination of employment, and immediate dismissal.\u201d Appellant's Appendix at 655. Cohen returned to the University as a tenured professor \u201cwith the rights and responsibilities attendant to that position\u201d in accordance with the terms of Paragraph 3 of the Agreement. Id. at 456. Cohen's responsibilities as a professor included those responsibilities that all professors at the University were required to fulfill and that were set forth in the University's faculty handbooks. The designated evidence supports this conclusion.9 We cannot say that reasonable persons would differ as to the meaning of Paragraph 3 of the Agreement. We conclude that the Agreement was clear and unambiguous and that the trial court erred by concluding that Paragraph 3 of the Agreement was ambiguous.10 Because we conclude that Paragraph 3 of the Agreement was clear and unambiguous in that it permitted the University to terminate Cohen's employment for his violation of the University's Code of Ethics as set forth in the Indiana University Academic Handbook, the University did not breach the Agreement by dismissing Cohen on that basis and the University was entitled to judgment as a matter of law. See City of Hammond v. Plys, 893 N.E.2d 1, 5 (Ind.Ct.App.2008) (reversing the denial of summary judgment because the trial court relied on an improper interpretation of a contract provision); J.E. Stone Tree Service, Inc. v. Bolger, 831 N.E.2d 220, 226 (Ind.Ct.App.2005) (reversing the denial of summary judgment in connection with breach of written contract); Indiana Dep't of Transp. v. Shelly & Sands, Inc., 756 N.E.2d 1063, 1071-1072 (Ind.Ct.App.2001) (reversing the denial of summary judgment after concluding that contract language was not ambiguous), trans. denied; TRW, Inc. v. Fox Dev. Corp., 604 N.E.2d 626, 633 (Ind.Ct.App.1992) (reversing the denial of summary judgment because construction contract language was unambiguous and no breach of contract occurred), reh'g denied, trans. denied. 2/17/25, 3:00 v (2009) | FindLaw 8/16 For the foregoing reasons, we reverse the trial court's denial of the University's motion for summary judgment and remand with instructions to enter summary judgment in favor of the University on Cohen's Complaint. Reversed and remanded 1. The Agreement also contained terms regarding Cohen's salary and benefits during and after his sabbatical, Cohen's use for two years of a vehicle provided to him by the University, Cohen's obligation to provide collision and automobile insurance in conjunction with the use of the University's vehicle, the University's obligation to maintain term life insurance for Cohen, the University's obligation to provide Cohen with a neutral reference, Cohen's obligations to keep confidential the existence and terms of the Agreement, the University's and Cohen's obligations not to disparage each other, Cohen's obligation to cooperate in any defense of claims or lawsuits in connection with the actions of Cohen, and Cohen's release of any claims he may have had arising out of his employment by the University. 2. On January 13, 2001, Cohen sent a letter to Chancellor Perrin, which stated in part am appalled that you imply that am a liar am astonished that you would side with students against an faculty member in deciding questions of credibility, all else being equal. You seem willing to chastise faculty members for allegations of rudeness, but not the students\u2024 Your notion of a student centered campus sounds to me like the manager of a supermarket stating that the store needs to be customer oriented: the customer is always right. In case you had not noticed, a university campus is not at all like a store, nor should it be\u2024 The academic values that you reveal in your letter are antithetical to those required in the leader of a university campus. Therefore call on you to resign your post as chancellor immediately.Appellant's Appendix at 962. In an opinion letter published in the South Bend Tribune on February 8, 2001, Cohen wrote: \u201cPerrin has abundantly demonstrated his incompetence\u2024 Many, including recently retired senior administrators and senior faculty members, believe that he has been systematically destroying the campus\u2024 [I]t is crucial that pick as its next leader someone who does understand the right values.\u201d Id. at 961. 3. Specifically, the University argues that because it had independent grounds to dismiss Cohen due to his violation of the University's Code of Ethics, Cohen \u201chas no claim for damages, an essential element of his breach of contract action.\u201d Appellant's Reply Brief at 3. Because we conclude that the University did not breach its Agreement with Cohen, we need not address whether Cohen could have shown damages. 4. Bracketed text appears in original. 5. Bracketed text appears in original. 2/17/25, 3:00 v (2009) | FindLaw 9/16 6. Although referring to salary increments, the clause \u201cAs any other faculty member\u201d in the third sentence of the same paragraph of the Agreement supports this interpretation. Appellant's Appendix at 456. See General Motors Corp. v. Northrop Corp., 685 N.E.2d 127, 134 (Ind.Ct.App.1997) (finding the parties' intent was revealed in part by the location/placement of contract clauses within different sections of the contract), reh'g denied, trans. denied; Kelly, 611 N.E.2d at 121 (noting that the court is under an obligation to read an agreement in a manner which harmonizes its provisions as a whole and to give effect to the parties' expressed intent). 7. The designated evidence reveals that Cohen believed that he remained subject to the policies and procedures set forth in the University's faculty handbooks. Cohen testified during his deposition that he believed the University's faculty handbooks were \u201cincorporated in this [Agreement] by reference.\u201d Appellant's Appendix at 802. Cohen also argues that he \u201chas alleged from the beginning\u201d that his contract consisted of the Agreement, the Constitution of the Indiana University Faculty, and the Academic Handbook. Appellee's Brief at 13. 8. The Indiana University South Bend Academic Handbook provided that \u201cpolicies about faculty in the Indiana University Academic Handbook, are followed by Indiana University South Bend.\u201d Appellant's Appendix at 420. 9. The designated evidence reveals that, when asked during his deposition about the meaning of the clause \u201chaving tenure with the rights and responsibilities attendant to that position,\u201d Cohen testified: \u201cAll of the things stated in the handbooks. Between those two documents [the Indiana University Academic Handbook and the Indiana University South Bend Academic Handbook], they're quite thorough in describing rights and responsibilities.\u201d Appellant's Appendix at 807. 10. Cohen also argues that a genuine issue of material fact existed as to whether he engaged in a \u201cproven act of sexual harassment or retaliation\u201d under Paragraph 10 of the Agreement. Appellee's Brief at 13. We observe that, contrary to the trial court's statement in its order denying summary judgment, Paragraph 10 of the Agreement does not \u201cclearly limit[ ] the University's right to dismiss Cohen only for sexual harassment and retaliation.\u201d Appellant's Appendix at 2323 n. 2 (internal quotation marks and brackets omitted). Paragraph 10 of the Agreement provided that \u201cany future proven act\u201d of sexual harassment or retaliation by Cohen would \u201cbe considered serious personal misconduct and will result in immediate steps to dismiss Dr. Cohen from the faculty.\u201d Id. at 459. The Agreement does not state that no other conduct may constitute serious personal misconduct or that Cohen may not be dismissed for reasons other than sexual harassment or retaliation. In fact, as Cohen acknowledged during his deposition, \u201cserious personal misconduct\u201d was only one of several bases for faculty dismissal pursuant to the policies and procedures set forth in the Indiana University Academic Handbook. See id. at 655, 815-816. Cohen also acknowledged during his deposition that his employment could be terminated as a result of conduct that is not defined in Paragraph 10 of the Agreement. See Appellant's Appendix at 2/17/25, 3:00 v (2009) | FindLaw 10/16 817 (when asked if Paragraph 10 of the Agreement was the only basis upon which his employment could have been terminated, Cohen replied: \u201cThe only basis with regard to this part [Paragraph 10] of the contract. Not the only basis with regard to the whole contract, because the academic handbook clearly outlines other provisions for somebody to be dismissed with tenure.\u201d). The Handbook and the Code of Ethics prohibited all faculty from engaging in a number of types of activity/conduct, such as plagiarism, physical violence, destruction of the University property, occupation of a University building, and rioting. When Paragraph 10 is read together with Paragraph 3, it is clear that the parties desired to expressly state or reiterate that the conduct of sexual harassment and retaliation constituted personal misconduct, but at the same time declined to limit or restrict those other rights or responsibilities Cohen may have had as a member of the University faculty. See Kelly, 611 N.E.2d at 121 (noting that the court is under an obligation to read an agreement in a manner which harmonizes its provisions as a whole and to give effect to the parties' expressed intent). BROWN, Judge. CRONE, J., and BRADFORD, J., concur. 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, 3:00 v (2009) | FindLaw 11/16 Go to Learn About the Law v (2009) Docket No: No. 20A03-0812-CV-590. 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Terms > | Privacy > | Disclaimer > | Cookies > 2/17/25, 3:00 v (2009) | FindLaw 16/16", "7385_102.pdf": "Professor may retire early if offered sweet deal Staff reports The Herald Times Published 12:00 a.m March 21, 2001 \u2014 An Indiana University-South Bend professor suspended while the campus investigates whether he intimidated a former student said he might retire early if offered a better deal.Daniel Cohen said Monday the university made him another buyout offer last week, but he turned it down.\"It wasn\\'t good enough,\" he said.About 150 students gathered last week at Cohen\\'s classroom to protest his behavior and call for his firing. The students presented petitions to Chancellor Kenneth Perrin, demanding that Cohen, a former chancellor at the school, be fired.Last year, 11 female education majors who took a physical science class taught by Cohen filed formal complaints alleging he graded arbitrarily and showed extreme anger in class. Perrin issued Cohen a written warning in January.An affirmative action officer is investigating allegations that Cohen retaliated against a student who had filed a complaint against him.He visited the campus Monday to pick up some personal belongings from his office. He was escorted by the school\\'s director of safety and security.Under Cohen\\'s suspension, he can visit campus only if he calls security and makes arrangements in advance.Cohen stepped down as chancellor in 1995 amid sexual harassment allegations. He was forced to pay $50,000 after losing a 1998 civil lawsuit by a former employee who claimed he had sexually harassed her. 2/17/25, 3:00 Professor may retire early if offered sweet deal 1/1", "7385_103.pdf": "Fall v. Indiana University Bd. of Trustees, 33 F. Supp. 2d 729 (N.D. Ind. 1998 District Court for the Northern District of Indiana - 33 F. Supp. 2d 729 (N.D. Ind. 1998) December 30, 1998 33 F. Supp. 2d 729 (1998) Lynn FALL, Plaintiff, v TRUSTEES, and Daniel Cohen, Ph.D., Defendants. No. 3:96-CV-205. United States District Court, N.D. Indiana, Fort Wayne Division. December 30, 1998. *730 *731 *732 Thomas R. Lemon, Lemon Reed Armey Hearn and Leininger, Warsaw, IN, for Thomas R. Lemon, mediator. C. Erik Chickedantz, Hawk Haynie Gallmeyer and Chickedantz, Fort Wayne, IN, for C. Erik Chickedantz, mediator. Brian J. Hurley, R. Bradley Koeppen, Douglas Alexa Koeppen and Hurley, Valparaiso, IN, for Lynn Fall, plaintiff. Brian J. Hurley, Douglas Alexa Koeppen and Hurley, Valparaiso, IN, for Ava Garrison, plaintiff. 2/17/25, 3:00 Fall v. Indiana University Bd. of Trustees, 33 F. Supp. 2d 729 (N.D. Ind. 1998) :: Justia 1/29 Susan B. Tabler, Ice Miller Donadio and Ryan, Indianapolis, IN, for Indiana University, Indiana University, South Bend, defendants. John C. Hamilton, Doran Blackmond Ready Hamilton and Williams, South Bend, IN, Thomas W. Belleperche, Hunt and Suedhoff, Fort Wayne, IN, for Daniel Cohen, Ph.D., defendant. Michael D. Marine, Susan B. Tabler, Constance Baker Phillips, Ice Miller Donadio and Ryan, Indianapolis, IN, for Indiana University Board of Trustees, defendant. *733 COSBEY, United States Magistrate Judge On October 2, 1998, after a five day trial in this cause, the jury returned a verdict in favor of the Plaintiff on all three counts of her complaint. The jury found for the Plaintiff and against Defendant Indiana University (\"IU\"), on the Plaintiff's Title claim, but awarded no compensatory damages against IU. The jury also found for the Plaintiff and against Defendant Cohen on both the Plaintiff's equal protection gender discrimination claim under 42 U.S.C. \u00a7 1983 (\"\u00a7 1983\"), and her state law assault and battery claim, and awarded compensatory damages in the amount of $5,157 against Defendant Cohen. In addition, the jury awarded punitive damages against Cohen in the amount of $400,000 for both the state law and \u00a7 1983 claims, for a total punitive damage award of $800,000. Now before the Court are the Plaintiff's \"Motion to Alter or Amend Judgment,\" filed on October 9, 1998, and Cohen's \"Motions to Alter or Amend the Judgment and For New Trial,\" filed on October 16, 1998. The Plaintiff's motion contends that the verdict is inconsistent and seeks to amend the judgment to include the $ 5,157.00 compensatory damage award against Defendant filed a response to the Plaintiff's motion on October 16, 1998, and the Plaintiff has chosen not to file a reply. Cohen's motion contends that a new trial should be granted for a variety of reasons, or that in the alternative a substantial remittitur should be imposed on the punitive damage award. The Plaintiff filed a response to Cohen's motion on November 12, 1998, Cohen filed a reply on November 20, 1998, and both motions are ripe for review. For the reasons hereinafter provided, the [1] [2] 2/17/25, 3:00 Fall v. Indiana University Bd. of Trustees, 33 F. Supp. 2d 729 (N.D. Ind. 1998) :: Justia 2/29 Plaintiff's Motion to Alter or Amend Judgment will be DENIED, and Defendant Cohen's Motion to Alter or Amend the Judgment and For New Trial will be in part and in part new trial may be granted under Fed.R.Civ.P. 59(a) only where \"the verdict is against the weight of the evidence, the damages are excessive, or if for other reasons the trial was not fair to the moving party.\" Mid-America Tablewares, Inc. v. Mogi Trading Co., 100 F.3d 1353, 1367 (7th Cir. 1996) (citations and internal quotations omitted Rule 59(e) motion may only be granted if there has been a mistake of law or fact or if there is newly discovered evidence not previously available.\" Gendron v. United States, 154 F.3d 672, 674 (7th Cir. 1998) (citing Figgie Int'l, Inc. v. Miller, 966 F.2d 1178, 1180 (7th Cir.1992)); see also Deutsch v. Burlington Northern R.R., 983 F.2d 741, 744 (7th Cir.1992). Neither motion can be used to argue matters that could have been made before the judgment issued, nor can they be used to argue a case under a new legal theory. E.g., Federal Deposit Insurance Corp. v. Meyer, 781 F.2d 1260, 1268 (7th Cir.1986) (Rule 59(e)); Evans, Inc. v. Tiffany & Co., 416 F. Supp. 224, 244 (N.D.Ill.1976) (Rule 59(a Simply stated, the jury in this case was called upon to decide what happened during a meeting between the Plaintiff and Cohen in Cohen's office, behind closed doors, on November 11, 1994. The Plaintiff testified that Cohen grabbed and forcibly kissed her while reaching inside her blouse to fondle her breasts. Cohen, on the other hand, testified that nothing untoward happened during that meeting. The jury believed the Plaintiff's version, but despite the fact that its liability finding was necessarily linked to this single act, it did not award any compensatory *734 damages against IU, assessing the entire compensatory award against Cohen. The Plaintiff argues that such a result is inconsistent, and contends that since the jury found liability against both Defendants for the same act of discrimination, it necessarily follows that any resulting compensatory damages must be awarded equally against both Defendants. Thus, the Plaintiff's motion requests the Court to \"correct\" the judgment to include liability against in the amount of $5,157, which would in effect eviscerate the [3] 2/17/25, 3:00 Fall v. Indiana University Bd. of Trustees, 33 F. Supp. 2d 729 (N.D. Ind. 1998) :: Justia 3/29 jury's apportionment of the Plaintiff's damages between the Defendants. The Seventh Circuit has provided clear guidance for analyzing the Plaintiff's argument: \"When faced with apparently inconsistent verdict, we are required to reconcile them, if possible, rather than overturn them v. Century Broadcasting Corp., 957 F.2d 1446, 1460 (7th Cir.1992) (citations omitted); see also Gallick v. Baltimore & Ohio R. Co., 372 U.S. 108, 118-22, 83 S. Ct. 659, 665-68, 9 L. Ed. 2d 618 (1963); Atlantic & Gulf Stevedores, Inc. v. Ellerman Lines Ltd., 369 U.S. 355, 364, 82 S. Ct. 780, 786, 7 L. Ed. 2d 798 (1962); Burlew v. Eaton Corp., 869 F.2d 1063, 1068 (7th Cir.1989). Stated somewhat differently, the Plaintiff is really requesting the Court to re-write the verdict so that damages are shared jointly and severally between the two Defendants. The Plaintiff has not pointed to any case law to support the notion that joint and several liability applies between an employer found liable under Title and an individual (constitutional) tortfeasor found liable under \u00a7 1983, and the Court's own research has not disclosed any opinions even addressing the issue. In any event, it must be recognized that the jury was instructed as follows: You may impose damages for an injury solely upon the defendant or defendants that you find are liable for that injury ... if you find that both defendants are responsible for a particular injury, you must award damages in proportion to each defendant's responsibility for that injury. Court's Final Instruction No. 35 (emphasis added). Consistent with this instruction, the verdict form permitted the jury to assess compensatory damages separately against Defendant Cohen and Defendant IU. The Plaintiff acquiesced to the use of Instruction No. 35 and the verdict form, and therefore cannot be heard to complain after the fact that the compensatory damages should not *735 have been apportioned between the Defendants. Bosco v. Serhant, 836 F.2d 271, 281 (7th Cir.1987); McKinnon v. City of Berwyn, 750 F.2d 1383, 1387 (7th Cir.1984). Cf. Bogan v. Stroud, 958 F.2d 180, 184 (7th Cir. 1992) (\"the magistrate judge's instruction to the jury that it could award punitive damages absent a finding of actual damages became the law of this case.\"). Moreover, even assuming that could possibly be held jointly and severally liable for Cohen's act, the particular evidence presented to the jury demonstrated that this was an appropriate case for the jury to properly employ their discretion in apportioning damages between the two defendants. See Gentile v. County of Suffolk, 926 F.2d 142, 154 (2d Cir.1991). Indeed, the jury's distribution of damages is not only explainable, but 2/17/25, 3:00 Fall v. Indiana University Bd. of Trustees, 33 F. Supp. 2d 729 (N.D. Ind. 1998) :: Justia 4/29 understandable given the evidence presented at trial. This is not a \u00a7 1983 case where it is impossible to distinguish between the two Defendants' contributions to the plaintiff's injuries, as was the case in Cooper v. Casey, 97 F.3d 914, 919 (7th Cir.1996). Rather, this is a case where the evidence at trial demonstrated some factual basis for permitting the jury to establishing an estimate of each defendant's liability for the harm caused. See \u00a7 52, pp. 345 (5th ed. 1984) (\"There will be obvious difficulties of proof as to the apportionment of certain elements of damages, such as physical and mental suffering and medical expenses, but such difficulties are not insuperable, and it is better to attempt some rough division than to hold one defendant for the wound inflicted by the other.\"); 1C 1983 \u00a7 16.22, p. 316 (3d ed. 1997) (\"Apportionment of damages is appropriate so long as there is a factual basis for at least a rough estimate limiting a defendant's liability to that part of the harm caused.\") For example, the Plaintiff testified repeatedly, both on direct examination and in response to cross-examination, that much of the anger and distress for which she sought compensation was directed at IU's failure (in her mind) to terminate Cohen's employment. However, the Court ruled as a matter of law that exercised reasonable care to promptly correct Cohen's sexually harassing behavior, see Fall, 12 F. Supp. 2d at 881 & n. 11, and accordingly instructed the jury (without objection) that \"the Plaintiff is not entitled to any emotional distress damages arising out of her feelings regarding Indiana University's corrective actions.\" Court's Final Instruction No. 34. Indeed, IU's counsel emphasized this point in closing argument, and therefore the jury was presented with an adequate factual and legal basis for finding Cohen solely responsible for the injuries for which the Plaintiff sought compensation. Cf. Palmer v. City of Monticello, 31 F.3d 1499, 1508 (10th Cir.1994) (jury in \u00a7 1983 case could have understandably apportioned $1.00 in damages against an individual defendant, and $253,188 against the city). In sum, the Plaintiff has not established that the jury's award of $5,157 in compensatory damages against Cohen and zero compensatory damages against resulted from a mistake of fact or law. Her theory for joint and several liability is a novel one that is not only unsupported by case law, but was raised for the first time in her Rule 59(e) motion, and most importantly the verdict comports with the instructions and evidence presented to the jury. Therefore, the Plaintiff's motion to alter or amend judgment will be denied. 2/17/25, 3:00 Fall v. Indiana University Bd. of Trustees, 33 F. Supp. 2d 729 (N.D. Ind. 1998) :: Justia 5/29 Cohen advances several reasons why a new trial should be granted as to both liability and damages. We shall address his contentions seriatim. A. Bifurcation Cohen's first point restates a position and argument that the Court has twice considered and twice rejected: Cohen's proposed bifurcation of the trial. Cohen contends that the Court erred in denying his pre-trial motion to bifurcate the trial into two phases, one limited to the state law assault and battery claim, and then, if necessary, a phase adjudicating the liability components of both the \u00a7 1983 and the Title claim, as well as the damages components for all three *736 claims. Cohen correctly points out that the latter two claims hinge upon the jury finding that the alleged acts of November 11, 1994, occurred, and opines that that issue should have been resolved without the jury hearing certain evidence relating to the federal law claims (i.e., the evidence pertaining to Cohen's behavior with other women, which was relevant evidence of Cohen's intent under the \u00a7 1983 claim, and the Boardman report, which was relevant evidence supporting both the Plaintiff's Title claim and the Defendant's Title affirmative defense). After reviewing the record a third time, the Court is convinced that no unfairness resulted from denying Cohen's previous motions to bifurcate the trial. 1. Standard The Seventh Circuit has clearly articulated the standards guiding the bifurcation inquiry: Federal Rule of Civil Procedure 42(b) permits the separate trial of any issue when separation would be \"in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy. Only one of these criteria need be satisfied for a court to enter a separate trial. We review a district court's bifurcation decisions for abuse of discretion.\" Berry v. Deloney, 28 F.3d 604, 610 (7th Cir. 1994) (quoting DeWitt, Porter, Huggett v. Kovalic, 991 F.2d 1243, 1245 (7th Cir.1993)) (internal quotations and citations omitted). [4] 2/17/25, 3:00 Fall v. Indiana University Bd. of Trustees, 33 F. Supp. 2d 729 (N.D. Ind. 1998) :: Justia 6/29 2. \"In the Furtherance of Convenience or to Avoid Prejudice\" Cohen argues that bifurcation would have been in furtherance of convenience because, as even counsel for the Plaintiff acknowledged, if Cohen had prevailed on the battery claim the trial would have ended at that point. However, it is clear that if the battery claim had been tried first and the Plaintiff had prevailed, a great inconvenience and inefficient use of resources would have occurred for all concerned. For example did not oppose the idea of bifurcation in principle, but significantly conditioned this view on the understanding that while it would remain on the sidelines during the battery phase, it would still be permitted to make an opening statement at the beginning of the \u00a7 1983/Title phase, and would be allowed to recall any witnesses that testified during the battery phase for either direct or cross-examination. Obviously, the necessity of recalling witnesses from the first phase to testify in the second phase would hardly be \"in the furtherance of convenience\" for anyone, particularly the witnesses themselves. However, the main thrust of Cohen's argument is that bifurcation was necessary to avoid the extreme prejudice that he purportedly suffered from the introduction of evidence about his behavior towards other women and the conclusions of the Boardman report. According to Cohen, this evidence \"destroy[ed] the possibility of a fair trial by no later than the second day.\" Cohen's Reply Mem. to his Motion for a New Trial, at 3. This rather self-serving view of the trial proceedings overlooks the legal effect of the limiting instructions given by the Court to the jury each time such allegedly prejudicial evidence was introduced, admonitions which were also repeated in the Court's final instructions. Indeed, the Seventh Circuit held *737 in Berry that the use of similar limiting instructions \"dispelled any potential prejudice\" from the introduction of potentially prejudicial evidence, Berry, 28 F.3d at 608, and concluded that \"[t]he trial court's repeated admonition to the jury to consider the disputed evidence only in assessing damages precluded any need for a bifurcated trial.\" Id. at 610 (emphasis added). Moreover, the fact that proper limiting instructions dispelled the prejudicial effect of the disputed evidence in Berry weighs heavily against Cohen's claim of undue prejudice in this case. Berry involved a \u00a7 1983 action by a high school student against a school truant officer with whom she allegedly had a non-consensual sexual relationship. In addition to emotional distress damages, the plaintiff sought damages for the physical pain of being impregnated by the defendant, and for her subsequent abortion. The truant officer could not deny that he had sexual relations with the student, having pleaded guilty to \"statutory [5] [6] 2/17/25, 3:00 Fall v. Indiana University Bd. of Trustees, 33 F. Supp. 2d 729 (N.D. Ind. 1998) :: Justia 7/29 rape\" in state court on that score, but defended against the \u00a7 1983 action by denying that he had impregnated the student, and by arguing that her asserted damages stemmed from other abortions she had undergone. To this end, the truant officer sought to present evidence of the student's sexual activity with others during the time of his contact with her, as well as evidence of her other abortions both before and after his contact with her. The trial court determined, pursuant to Fed.R.Evid. 403, that this evidence was admissible only as to the issue of damages. As Cohen did here, the student moved to bifurcate the trial into a liability and damages phase in an effort to keep this inflammatory evidence from tainting the jury's liability determination. The trial court denied the motion, stating that a limiting instruction would dissipate any threat of undue prejudice. As discussed supra, the Seventh Circuit held that this course of action did not constitute an abuse of discretion, particularly since the trial court had weighed the probative value of the evidence against its prejudicial effect, and had employed an appropriate limiting instruction. In our view, the degree of potential prejudice associated with the evidence objected to by Cohen pales in comparison to the prejudicial effect of the evidence relating to the Berry plaintiff's sexual history and previous abortions. Notably, however, this Court acted almost identically to the trial court in Berry, balancing the probative value of the evidence against its prejudicial effect, finding that this evidence was admissible for limited purposes, and so instructing the jury each and every time this evidence was presented. Moreover, this Court, as did the trial court in Berry, reinforced the admonitions by repeating *738 them in the final instructions. Given that the Seventh Circuit affirmed the trial court in Berry, a much closer case, we do not believe that the refusal to bifurcate the trial here constituted an error of law, or resulted in an unfair trial. 3. \"Conducive to Expedition and Economy\" As mentioned supra, it is evident that if the trial had been bifurcated according to Cohen's plan, and if the Plaintiff had prevailed in the first phase, then many of the witnesses and much of the testimony presented in the first phase would have to be presented again in the second phase, a result which obviously would not have been conducive to expedition and economy. As the Court explained in its prior rulings, this case does not resemble a personal injury action, where liability and damages evidence can be neatly compartmentalized. In fact, it was clear prior to trial that the parties intended to present evidence relating to the Plaintiff's alleged emotional damages to either establish or refute whether Cohen's alleged act actually took place. See Martin v. Heideman, 106 F.3d 1308, 1312 (6th Cir.1997) [7] 2/17/25, 3:00 Fall v. Indiana University Bd. of Trustees, 33 F. Supp. 2d 729 (N.D. Ind. 1998) :: Justia 8/29 (evidence of psychological injury was relevant to the question of liability); Defendant Daniel H. Cohen's Motion for Extension of Time Within Which to Serve and File Expert's Report, at 2 (Docket # 216) (acknowledging that Cohen's medical expert testimony may be relevant to the question of liability). This perception became reality during the trial when the evidence of the Plaintiff's psychological damages was presented, and particularly when it was attacked, and supports the Court's prior conclusions that bifurcation would not have been practical because it would have involved the same witnesses testifying in both parts of the trial. See Berry, 28 F.3d at 609. This point illustrates the rather one-sided nature of Cohen's bifurcation argument, in that the economies and expediency that bifurcation is designed to achieve would only have been realized if Cohen had prevailed in the first phase. This evinces a rather limited utility of the bifurcation procedure, and stands at odds with the Seventh Circuit's recent emphasis that the district court must \"carve at the joint\" when bifurcating pursuant to Rule 42(b). In re Rhone-Poulenc Rorer, Inc., 51 F.3d 1293, 1302-02 (7th Cir. 1995); Hydrite Chemical Co. v. Calumet Lubricants Co., 47 F.3d 887, 890-91 (7th Cir. 1995). It certainly cannot be considered to be \"carving at the joint\" if the benefits of bifurcation are dependent upon only one party prevailing in the first phase, particularly in a case such as this where a marked and unnecessary waste of time and resources would occur in the second phase if the opposing party prevailed in the first phase. In sum, after reviewing the issue for a third time, the Court is convinced that neither of the two criteria supporting bifurcation were satisfied in this case, and consequently Cohen's motion for a new trial must be denied on this issue. B. The Jury's Liability Determination Was Not Against the Weight of the Evidence Cohen argues that the jury's liability determination was not supported by the weight of the evidence. However, as explained supra, this case was a paradigm \"he said/she said\" dispute, because the Plaintiff and Cohen are the only two people who really know whether the alleged events actually occurred. Accordingly, credibility was the jury's paramount consideration. While Cohen argues that the Plaintiff's testimony was so \"problematic\" that it simply could not be believed, our review of his Rule 59(a) motion is \"limited to determining whether the evidence presented, combined with all reasonable inferences that may be drawn from it, is sufficient to support the verdict when viewed in the light most favorable to the plaintiff.\" Hutchison v. Amateur Electronic Supply, Inc., 42 F.3d 1037, 1042 (7th Cir.1994) (citation omitted). Moreover, we must be \"particularly careful in 2/17/25, 3:00 Fall v. Indiana University Bd. of Trustees, 33 F. Supp. 2d 729 (N.D. Ind. 1998) :: Justia 9/29 employment discrimination cases to avoid supplanting our view of the credibility of the evidence for that of ... the jury....\" Riemer v. Illinois Dep't of Transportation, 148 F.3d 800, 806 (7th Cir.1998) (quoting Hutchison, 42 F.3d at 1042) (internal citation omitted). During the five days of trial the jury was presented with substantial evidence that would have supported a verdict for either side, including, *739 most importantly, the live testimony of both Cohen and the Plaintiff. The jury chose to believe the Plaintiff and not Cohen, and this credibility determination was not against the weight of the evidence. C. Punitive Damages Cohen's motion also raises several arguments for a new trial that are limited to the issue of punitive damages. 1. The Punitive Award Does Not Invalidate the Liability Determination Cohen's first argument is that the excessiveness of the punitive damages award ($800,000.00), when compared to the jury's compensatory damages award of $5,157.00, demonstrates that the jury was infected with such an irrational \"inflamed passion\" that its liability determination must be questioned. See Ustrak v. Fairman, 781 F.2d 573, 578-79 (7th Cir.1986); Douglass v. Hustler Magazine, 769 F.2d 1128 (7th Cir. 1985). The punitive damage award does indeed cause the Court to \"raise a suspicious judicial eyebrow Production Corp. v. Alliance Resources Corp., 509 U.S. 443, 482, 113 S. Ct. 2711, 2732, 125 L. Ed. 2d 366 (1993) (O'Connor, J., dissenting), as we shall discuss more fully below. However, Seventh Circuit authority is clear that when a damages award is found excessive the proper remedy is generally a remittitur, not a new trial. Davis v. Consolidated Rail Corp., 788 F.2d 1260, 1263 (7th Cir.1986) (\"Only in an unusual case will a court order a new trial on liability because of an error in assessing damages\"). Cohen's argument that the jury's liability determination should be set aside on the basis of the unreasonable punitive damage award is undermined by the jury's relatively modest compensatory damages award of $5,157 (an amount which, as noted supra, Cohen does not suggest is excessive or unreasonable). In our view, the apparent reasonableness of the compensatory award supports a belief that the jury arrived at its liability determination in a calculated and proportionate manner. This conclusion is bolstered by the fact that the jury was properly instructed that compensatory and punitive damages are awarded for very [8] 2/17/25, 3:00 Fall v. Indiana University Bd. of Trustees, 33 F. Supp. 2d 729 (N.D. Ind. 1998) :: Justia 10/29 separate and distinct purposes. Compare Court's Final Instruction No. 28 (explaining purpose of compensatory damages), with Court's Final Instruction Nos. 30 & 31 (explaining purpose of punitive damages). Thus, the fact that the jury's punitive damages award may represent an unreasonable attempt at \"over deterrence,\" or a disproportionate punishment, does not indicate that their liability determination was similarly flawed, particularly in light of the apparently reasonable compensatory award. Indeed, Cohen has pointed to \"nothing in the record, other than the size of the [punitive] award, to impeach the objectivity of the jury or the fairness of the proceedings.\" Dorin v. The Equitable Life Assurance Society of the United States, 382 F.2d 73, 78 (7th Cir.1967). Accordingly, the Court is not convinced that the jury's punitive damages award renders this case so \"unusual\" that a new trial on liability is warranted. Davis, 788 F.2d at 1263. Rather, the Court *740 will deal with the excessiveness issue in the usual course and grant a remittitur as to the punitive damages. 2. The Punitive Awards Are Not Duplicative Cohen also challenges the jury's punitive damages award as duplicative, in that it awards the Plaintiff twice for one injury. See, e.g., Indiana Harbor Belt R.R. Co. v. American Cyanamid Co., 860 F.2d 1441, 1445 (7th Cir.1988) (\"a claimant who has set forth a number of legal theories in support of only one possible recovery has stated only one claim for relief.\"). While courts have held that the traditional rule against double recoveries applies to punitive damage awards, the recovery of punitive damages on both a state law and a \u00a7 1983 claim stemming from the same act is not per se prohibited. Mason v. Oklahoma Turnpike Auth., 115 F.3d 1442, 1459-60 (10th Cir.1997). Cf. Gentile v. County of Suffolk, 926 F.2d 142, 153-54 (2d Cir.1991) (\"defendants do not demonstrate that a jury's award is duplicative merely by noting that it allocated the damages under two different causes of action.\"). Indeed, \"[i]n some cases, multiple punitive damage awards on overlapping theories of recovery may not be duplicative at all, but may instead represent the jury's proper effort to punish and deter all the improper conduct underlying the verdict.\" Mason, 115 F.3d at 1460. The jury in this case was instructed, without objection, to consider punitive awards that would both punish past acts and deter similar future acts of two separate and distinct types of conduct; a state common law prohibition against rude, insolent touching on the one hand, and a federal constitutional prohibition of intentional gender discrimination on the other. The jury was further instructed that it was not to compensate the Plaintiff twice [9] [10] [11] [12] 2/17/25, 3:00 Fall v. Indiana University Bd. of Trustees, 33 F. Supp. 2d 729 (N.D. Ind. 1998) :: Justia 11/29 for the same injury. See Court's Final Instruction No. 35. Therefore, the jury's award of compensatory damages on both the state law and \u00a7 1983 claims could reasonably represent an intent to punish and deter Cohen's disregard for each of the unique types of improper conduct which it was called upon to consider, namely Indiana's state policy against violence and the federal constitution's prohibition against gender discrimination. See Mason, 115 F.3d at 1460. The jury's intent to award punitive damages separately for each type of improper conduct presented to them is clearly evidenced by their answers to the two special interrogatories posed to them. The special interrogatory that was originally incorporated into their verdict form required the jury to specifically identify the standard of proof upon which they based their award of punitive damages on the \u00a7 1983 claim. The jury's answer indicated that their \u00a7 1983 punitive award was based upon a preponderance of the evidence, which of course differs *741 from the clear and convincing standard upon which they were required to base their state law punitive award. See Court's Instruction No. 30; Travelers Indem. Co. v. Armstrong, 442 N.E.2d 349 (Ind.1982) (establishing clear and convincing burden of proof to obtain punitive damages under Indiana law). The fact that the jury identified their punitive damage awards as falling under two different burdens of proof evidences their awareness of the differences between the state law and \u00a7 1983 claims, and accordingly indicates an intent to punish Cohen independently for the separate harms arising from each claim. Mason, 115 F.3d at 1460. Moreover, the jury was provided with an opportunity to explicitly explain their intentions with regard to their punitive damages award when they first returned their verdict. While initially reviewing the verdict form prior to its publication, the Court observed that the jury had awarded the exact same amount of punitive damages ($400,000) on both the state law and \u00a7 1983 claims, which raised a question of whether the jury had intended their total punitive damages award for both claims to be $400,000 or $800,000 in total. The Court discussed this concern with all counsel at a sidebar conference, then prepared a second special interrogatory to allow the jury to correct this potential ambiguity by specifying the total amount of punitive damages it intended to award. See Partial Transcript of Proceedings Pertaining to the Jury's Verdict held on October 2, 1998, at 24-29. The jury answered the special interrogatory by indicating that its total assessment of punitive damages was $800,000, which unequivocally indicated its intention to punish Cohen on both available theories. Mason, 115 F.3d at 1460. The Court's employment of the second special interrogatory also raises another point, because the Court's discussions with counsel about this aspect of the jury's verdict [13] 2/17/25, 3:00 Fall v. Indiana University Bd. of Trustees, 33 F. Supp. 2d 729 (N.D. Ind. 1998) :: Justia 12/29 obviously alerted all counsel to the possibility that the jury might return a punitive damage award on both the state law claim and the \u00a7 1983 claim. Significantly, the Court also allowed all counsel the opportunity to make any objections to the second special interrogatory prior to presenting it to the jury, but no objections were made. See Partial Transcript of Proceedings Pertaining to the Jury's Verdict held on October 2, 1998, at 28- 29. Cohen's failure to object to the use of the verdict form prior to trial, and particularly his failure to object to the special interrogatory that sought clarification from the jury on this very point, would appear to preclude him from now arguing that the jury's award was duplicative. See Bogan, 958 F.2d at 184 (district court's instructions, even if erroneous, become the law of that case); see also King v. Macri, 993 F.2d 294, 299 (2d Cir. 1993); Gentile, 926 F.2d at 154. In any event, we will not upset the jury's punitive damages award on the basis that it provided a duplicative recovery. Cf. Gentile, 926 F.2d at 154 (\"It is, of course, possible that the jury committed the error of duplicating damages here, but defendants have failed to establish this allegation with any degree of certainty.\"). 3. The Punitive Awards Were Supported By Sufficient Evidence Cohen asserts that the jury's award of punitive damages as to both the state law and \u00a7 1983 claims were not supported by sufficient evidence, and therefore must be vacated. As to the assault and battery claim, [p]unitive damages must be supported by clear and convincing evidence. The evidence must overcome the presumption the defendant's conduct was merely negligent or the result of some honest error. Punitive damages are only recoverable upon evidence the defendant acted with malice, fraud, gross negligence, or oppression which did not result from mistake of law or fact, honest error of judgment, over-zealousness, mere negligence or other human failing. The defendant is cloaked with the rebuttable presumption his actions, though perhaps tortious, were nevertheless noniniquitous human failings. *742 Watson, 559 N.E.2d at 1210 (internal citations omitted). Punitive damages are appropriate in \u00a7 1983 cases when the defendant's conduct is \"motivated by evil intent or callous indifference to the federally-protected rights\" of the plaintiff. Graham v. Satkoski, 51 F.3d 710, 714 (7th Cir.1995) (citations omitted); see also Smith v. Wade, 461 U.S. 30, 56, 103 S. Ct. 1625, 1640, 75 L. Ed. 2d 632 (1983). [14] 2/17/25, 3:00 Fall v. Indiana University Bd. of Trustees, 33 F. Supp. 2d 729 (N.D. Ind. 1998) :: Justia 13/29 As we have discussed, this case came down to a credibility contest, and we will not question the jury's acceptance of the Plaintiff's testimony that Cohen grabbed her, forcibly kissed her, forced his hand down her blouse, and fondled her breast. This forceful and deliberate act is clearly sufficient to support an award of punitive damages on both claims. Merriweather v. Family Dollar Stores of Indiana, Inc., 103 F.3d 576, 581 (7th Cir.1996) (\"Evidence that suffices to establish an intentional violation of protected civil rights also may suffice to permit the fact finder to award punitive damages, provided the [jury], in its discretionary moral judgment, finds that the conduct merits a punitive award.\") (citation omitted); Gutzwiller v. Fenik, 860 F.2d 1317, 1329 (6th Cir.1988) (\"In our view, the question of whether [the defendants] exhibited such conduct is a matter well within the province of the jury, as it requires the type of moral judgment that lay persons make every day.\"). 4. Ind.Code \u00a7 34-51-3-4 Does Not Apply Cohen also points to a \"tort reform\" measure enacted by the Indiana legislature on July 1, 1998, to argue that the Plaintiff's state law punitive damage award must be reduced as a matter of law. The statute at issue provides that punitive damage award may not be more than the greater of: (1) three (3) times compensatory damages awarded in the action; or (2) fifty thousand dollars ($50,000). Ind.Code \u00a7 34-51-3-4 (1998) (emphasis added). Cohen contends that although this statute was enacted after this case was filed, it nevertheless applies retroactively and mandates that the Plaintiff's damages be limited to three times her compensatory damage award, or $15,471. We disagree. The analysis employed by the Indiana courts to determine whether a statute should be given prospective or retroactive effect is well established: [15] [16] 2/17/25, 3:00 Fall v. Indiana University Bd. of Trustees, 33 F. Supp. 2d 729 (N.D. Ind. 1998) :: Justia 14/29 Whether a statute or amendment is to be applied retroactively to pending cases or only prospectively depends on the legislature's intent. Absent an express indication otherwise, we presume that the legislature intends statutes and amendments to apply prospectively. Strong and compelling reasons must exist for retroactive application. Chesnut v. Roof, 665 N.E.2d 7, 9 (Ind.App. 1996) (internal citations omitted) (emphasis added). Ind.Code \u00a7 34-51-3-4 contains no express statement regarding whether it is to be applied retroactively. However, Cohen argues that the statute should be given retroactive effect because it is procedural in nature, and not substantive, and that its retroactive effect can also be implied by comparing it to Ind.Code \u00a7 34-51-2-1 (1998). Even if we were to assume arguendo that the statute is indeed procedural in nature, that would not end our inquiry, because *743 the Indiana Supreme Court has long held that a statute is not to be applied retroactively merely because it is procedural in nature. See State ex rel. Uzelac v. Lake Criminal Court, 247 Ind. 87, 212 N.E.2d 21, 24 (1965) (\"It is true, statutes and rules as to procedural and remedial matters may be made to operate retroactively, but it is not true that they must apply retroactively.\") (emphasis added). Cf. State v. Judd, 554 N.E.2d 829, 832 (Ind.App.1990) (\"Having found that the statute is remedial, however, does not end the analysis.\"). Rather, the party seeking retroactive application must show some strong and compelling reason why even procedural statutes ought to be applied retroactively. Gosnell v. Indiana Soft Water Serv., Inc., 503 N.E.2d 879, 880 (Ind.1987) (\"Unless there are strong and compelling reasons, statutes will normally be given prospective application. While statutes addressing merely procedural and remedial matters may be applied retroactively, such application is not required.\") (citing Uzelac, 212 N.E.2d at 24). Against this backdrop, Cohen \"has presented no reasons, compelling or otherwise, that demonstrate the need for retroactive application in this instance.\" Sack, 613 N.E.2d at 870. Cohen also argues that it is obvious that the legislature intended Ind.Code \u00a7 34-51-3-4 to be retroactive, because it applies to \"all cases in which a party requests the recovery of punitive damages,\" id. (emphasis added), while Ind.Code \u00a7 34-51-2-1 (1998), (which deals with comparative fault and was also enacted as part of Ind.P.L. 1-1998), is expressly limited to actions accruing after January 1, 1985. See Ind.Code \u00a7 34-51-2-1(b) (2) (1998). According to Cohen, the fact that Ind.Code \u00a7 34-51-3-4 contains no date restriction implicitly indicates that the legislature intended the punitive damages \"cap\" to apply retroactively. However, this exact \"comparison\" argument was squarely rejected by the Indiana Court of [17] [18] 2/17/25, 3:00 Fall v. Indiana University Bd. of Trustees, 33 F. Supp. 2d 729 (N.D. Ind. 1998) :: Justia 15/29 Appeals in Chesnut, which held that retroactivity cannot be implied from the legislature's silence within a particular statutory section, even when another section of the same statute contains an express effective date limitation. Chesnut, 665 N.E.2d at 9. Thus, Chesnut reaffirmed the general rule that retroactivity must be explicitly provided for by the legislature. Chesnut, 665 N.E.2d at 9 (\"[Cohen's] argument `flies in the face of the general rule that in the absence of language to the contrary, legislative enactments, including amendments to existing laws, are construed as being prospective in operation.'\") (quoting Smith v. Ford Motor Co., No. 1:93CV0143 (N.D.Ind. Nov. 2, 1995), mem op. at 3 (Lee, *744 J.)) (internal citation omitted). Therefore, we shall not retroactively apply Ind.Code \u00a7 34-51-3-4 to this case. 5. Remittitur In the alternative, Cohen seeks a remittitur of the jury's total punitive damage award of $800,000 on that ground that it is grossly excessive and inconsistent with applicable law. The jury's damage calculations are entitled to great deference, and the Court may only vacate the jury's verdict if the award is either \"monstrously excessive,\" \"shocks the judicial conscience,\" has \"no rational connection to the evidence,\" or clearly appears \"to be the result of passion and prejudice.\" E.g., McNabola v. Chicago Transit Auth., 10 F.3d 501, 516 (7th Cir. 1993); Levka v. City of Chicago, 748 F.2d 421, 424-425 (7th Cir.1984); Arlington State Bank v. Colvin, 545 N.E.2d 572, 580 (Ind. App.1989). \"An award of punitive damages should be set aside only if it exceeds an amount necessary to achieve the objective of punishment and deterrence.\" Allahar v. Zahora, 59 F.3d 693, 696 (7th Cir.1995) (citing Hamilton v. Svatik, 779 F.2d 383, 389 (7th Cir.1985)). \"However, `a punitive damage award may not constitute merely a windfall to the prevailing party.'\" Id. (quoting Ramsey v. American Air Filter Co., 772 F.2d 1303, 1314 (7th Cir.1985)). The decision to set aside a punitive damages award and grant a remittitur is committed to the sound discretion of the district court. Medcom Holding Co. v. Baxter Travenol Laboratories, Inc., 106 F.3d 1388, 1397 (7th Cir.1997) (citing Gasperini v. Center for Humanities, 518 U.S. 415, 434-35, 116 S. Ct. 2211, 2223, 135 L. Ed. 2d 659 (1996)). Cohen, apparently mindful of the difficulties inherent in determining the point at which a damage award ceases to become \"reasonable\" and enters the realm of the \"monstrously excessive,\" suggests that the Court apply the guideposts articulated by the Supreme Court in of North America, Inc. v. Gore, 517 U.S. 559, 116 S. Ct. 1589, 134 L. Ed. 2d 809 (1996), in reviewing the punitive damages award. Although the Supreme Court expressly [19] 2/17/25, 3:00 Fall v. Indiana University Bd. of Trustees, 33 F. Supp. 2d 729 (N.D. Ind. 1998) :: Justia 16/29 used as a vehicle to illustrate the standard for identifying damage awards that are \"constitutionally\" excessive, id. at 568, 116 S. Ct. at 1595 (citation omitted), several courts, including the Seventh Circuit, appear to have relied upon to analyze damage awards that do not necessarily implicate due process. See Jonasson v. Lutheran Child and Family Servs., 115 F.3d 436, 441 (1997) (observing that the district court committed no error in carefully reviewing a damage award pursuant to the guideposts); Deffenbaugh- Williams v. Wal-Mart Stores, Inc., 156 F.3d 581, 597 (5th Cir.1998) (\"Again, although concerns constitutional limits, it is instructive for reviewing other excessiveness claims for punitive damages.\"); Mathie v. Fries, 121 F.3d 808, 816 (2d Cir.1997) (\"We have recently looked to these guideposts to assist us in the application of our standard, by which we deem excessive a punitive damage award that `shocks our judicial conscience'\") (quoting Lee v. Edwards, 101 F.3d 805, 809 (2d Cir.1996)). Thus, without passing on the question of whether the punitive award violates Cohen's due process rights, we shall accept the suggestion that we look to the three factors discussed in to guide our review of the punitive damage awards The first and most important indicium of the reasonableness of a damages award is the reprehensibility of the defendant's conduct. BMW, 517 U.S. at 575, 116 S. Ct. at 1599. The Supreme Court suggested that a \"hierarchy\" of reprehensibility exists, \"with acts of violence or threats of bodily harm being the most reprehensible, followed by acts taken in reckless disregard for others' health or safety, affirmative acts of trickery and deceit, and finally, acts of omission and mere negligence.\" Florez v. Delbovo, 939 F. Supp. 1341, 1347-48 (N.D.Ill. 1996) (citing BMW, 517 U.S. at 575-580, 116 S.Ct. at 1599-1602). The Supreme Court also stated that \"evidence that a defendant *745 has repeatedly engaged in prohibited conduct while knowing or suspecting that it was unlawful would provide relevant support for an argument that strong medicine is required to cure the defendant's disrespect for the law.\" BMW, 517 U.S. at 576-77, 116 S. Ct. at 1599 (citation omitted). Placed on this scale, Cohen's conduct, which occurred behind closed doors in the workplace, clearly rises above acts of mere trickery or deceit, and contained overtones of violence and a threat of bodily harm. Cf. Baskerville v. Culligan International Co., 50 F.3d 428, 431 (7th Cir.1995) (\"Remarks innocuous or merely mildly offensive when delivered in a public setting might acquire a sinister cast when delivered in the suggestive isolation of a hotel room.\"). Moreover, the evidence at trial indicated that Cohen had previously engaged 2/17/25, 3:00 Fall v. Indiana University Bd. of Trustees, 33 F. Supp. 2d 729 (N.D. Ind. 1998) :: Justia 17/29 in similar unlawful conduct, although this previous conduct certainly did not rise to the same level of reprehensibility as his encounter with the Plaintiff. On the other hand, it must be recognized that this was in reality not a particularly vicious or prolonged attack (the incident by the Plaintiff's own account lasted approximately 30 seconds), as evidenced by the fact that the Plaintiff did not suffer any physical injuries from the encounter. \"That conduct is sufficiently reprehensible to give rise to tort liability, and even a modest award of exemplary damages, does not establish the high degree of culpability that warrants a substantial punitive damages award.\" BMW, 517 U.S. at 580, 116 S. Ct. at 1601. Rather, punitive damages \"should reflect the enormity of [a defendant's] offense.\" Id. at 575, 116 S. Ct. at 1599 (internal quotation marks and citation omitted). In other words, while the incident might properly be characterized as a sexual assault, it was not nearly so reprehensible as to support a total punitive award of $400,000, much less $800,000. This conclusion is supported by the Second Circuit's decision in Mathie, which canvassed both reported and unreported punitive damage awards in cases involving sexual assaults by private individuals. These awards included: $500,000 to each of two plaintiffs, aged seven and ten, who were repeatedly raped, sodomized, and otherwise sexually abused; $200,000 awarded to a plaintiff who was raped at knife point by an acquaintance who slashed her face and clothes; and $100,000, reduced from $275,000, awarded to a plaintiff who was sexually touched as a child by her stepfather. Mathie, 121 F.3d at 817. Indeed, the plaintiff in Mathie, an acknowledged homosexual, suffered a far more despicable and invasive sexual assault while incarcerated in jail than did the Plaintiff in the case at bar. In Mathie, the defendant jail official solicited sexual favors from Mathie and ultimately forcibly sodomized him. Mathie sued the jail official under \u00a7 1983, and after a bench trial the district court awarded $250,000 in compensatory damages and $500,000 in punitive damages. The Second Circuit, after recounting the above cases as guideposts, reduced the punitive award against the jail official in his individual capacity to $200,000. Neither the district court not the Second Circuit considered the jail official's limited financial resources in setting the punitive damages amount, because both understood that the jail official was covered by an indemnification agreement. Mathie, 121 F.3d at 815-16. The conduct punished in these cases was far more violent and reprehensible than Cohen's, yet the jury here awarded punitive damages several times greater than these amounts. This observation is not meant to belittle the Plaintiff's claim or her injuries, for \"unchecked 2/17/25, 3:00 Fall v. Indiana University Bd. of Trustees, 33 F. Supp. 2d 729 (N.D. Ind. 1998) :: Justia 18/29 sexual harassment\" such as the Plaintiff described here can clearly inflict substantial harm. Nevertheless, we must conclude that the punitive award here grossly exceeds the relative enormity or reprehensibility of Cohen's conduct. BMW, 517 U.S. at 575, 116 S. Ct. at 1599 Cohen is quick to point out that the punitive damages awarded are approximately 155 times greater than the compensatory award, a ratio that he contends would cause a windfall of damages for the Plaintiff. In response, the Plaintiff recites BMW's admonition against applying a simple mathematical formula to the excessiveness inquiry, as well as *746 the majority's recognition that in some circumstances a low award of compensatory damages may properly support a high punitive award. BMW, 517 U.S. at 582-83, 116 S. Ct. at 1602- 03 (a high ratio may sometimes be justified \"in cases in which the injury is hard to detect or the monetary value of noneconomic harm might have been difficult to determine.\"). The rather fact-specific nature of the ratio guidepost appears to limit this factor's importance in reviewing the excessiveness of a damage award. Compare BMW, 517 U.S. at 583, 116 S. Ct. at 1602 (punitive award of $2,000,000 on top of compensatory award of $4,000 created a \"breath-taking\" and excessive 500 to 1 ratio), with Shea v. Galaxie Lumber & Constr. Co., Ltd., 152 F.3d 729, 736 (7th Cir.1998) (punitive award of $2,500 on top of a compensatory award of $1.00 created a 2,500 to 1 ratio that was not \"grossly out of line\"). Thus, while a 155 to 1 ratio is by no means a dispositive benchmark, the Plaintiff has not argued, and the verdict does not indicate, that the jury had any difficulty in assessing or compensating the Plaintiff's subjective injuries. Consequently this case is not one which indicated might justify the relatively high ratio between the punitive and compensatory awards The third indicium of excessiveness articulated in is a comparison between the award and \"the civil or criminal penalties that could be imposed for comparable misconduct,\" because \"a reviewing court should accord `substantial deference' to legislative judgments concerning the appropriate sanctions for the conduct at issue.\" BMW, 517 U.S. at 583, 116 S. Ct. at 1603. As to the state law claim, Indiana law holds that \"[a] person who knowingly or intentionally touches another person in a rude, insolent, or angry manner commits battery, a Class misdemeanor.\" Ind.Code \u00a7 35-42-2-1(a) (1994 & Supp.1998). The penalty for a Class misdemeanor, which has not changed since 1994, is 2/17/25, 3:00 Fall v. Indiana University Bd. of Trustees, 33 F. Supp. 2d 729 (N.D. Ind. 1998) :: Justia 19/29 imprisonment for not more than 180 days, and a fine of not more than $1,000. Ind.Code \u00a7 35-50-3-3 (1994). Obviously, the punitive damages award of $400,000 on the Plaintiff's state law claim is substantially greater than the maximum criminal fine that could have been imposed upon Cohen canvassing of the case law and relevant treatises has uncovered few reported decisions challenging punitive damage awards in sex discrimination or sexual harassment cases under \u00a7 1983. In Gutzwiller v. Fenik, 860 F.2d 1317 (6th Cir.1988), the Sixth Circuit upheld punitive awards of $38,000 and $50,000 against a university department chair and the tenure committee chair for their roles in influencing a decision to deny tenure to the plaintiff, a female professor. In Beardsley v. Webb, 30 F.3d 524 (4th Cir. 1994), the jury awarded $76,000 in compensatory damages and $8,000 in punitive damages to a female employee of a county sheriff's office who had been subjected to inappropriate touchings, remarks, and related adverse treatment, and both were affirmed on appeal. The female plaintiff in Coleman v. Kaye, 87 F.3d 1491 (3d Cir.1996), was employed in a county prosecutor's office, and was awarded $50,000 in total punitive damages for intentional sex discrimination resulting from two incidents in which she was not promoted by the county prosecutor. Admittedly, none of these cases involved a single, relatively egregious physical act, but they do appear to set a ballpark range far below the punitive damages awarded here. Some scale has also been supplied by the Seventh Circuit in some recent Title sexual harassment decisions. In Timm v. Progressive Steel Treating, Inc., 137 F.3d 1008, 1009-10 (7th Cir.1998), frequent touchings and unwelcome remarks yielded the plaintiff no compensatory damages and $15,000 in punitive damages, both of which were upheld on appeal. In Shea, 152 F.3d at 736, frequent touchings, the grabbing of the plaintiff's breasts, and sexual solicitations resulted in a $1.00 compensatory award, and a $2,500 punitive award. In light of Timm, the Seventh Circuit declared that the district court *747 did not abuse its discretion in failing to grant a remittitur. Id. As discussed supra, the degree of reprehensibility of Cohen's conduct is much closer to the level of conduct in Timm and Shea than that of Mathie and other cases which have supported six-figure punitive awards. Correspondingly, we must conclude that the punitive award here is far out of line with sanctions both available and imposed for comparable misconduct, and should be reduced to an amount closer to what was awarded in Timm, rather than what was awarded in Mathie. [20] [21] 2/17/25, 3:00 Fall v. Indiana University Bd. of Trustees, 33 F. Supp. 2d 729 (N.D. Ind. 1998) :: Justia 20/29 The enormity of the total punitive award in this case also warrants consideration of a factor that was not before the Supreme Court in BMW: Cohen is an individual with a salary of approximately $90,000 a year, according to his trial testimony, and not a multi-national corporation. That is to say, \"although [Cohen] did have some notice as to the gravity of his conduct, nothing could conceivably have prepared him for a punitive damage award amounting to the sacrifice of the better part of a [professor's pre-tax] pay for a decade.\" Lee, 101 F.3d at 811; see also id. at 813 (\"We recognize that one purpose of punitive damages is deterrence, and that deterrence is directly related to what people can afford to pay.\") (citation omitted); Vasbinder v. Scott, 976 F.2d 118, 121 (2d Cir. 1992) (\"[a punitive] award should not be so high as to result in the financial ruin of the defendant.\"); Atencio v. City of Albuquerque, 911 F. Supp. 1433, 1447 (D.N.M.1995 review of the case law indicates the importance of the relationship between the amount of punitive damages and the ability of the defendant to pay the award.\") (collecting cases). Cf. Ettinger v. State Univ. of New York State College of Optometry, No. 95 Civ. 9893(RWS), 1998 91089, at *12 (S.D.N.Y. March 2, 1998) (reviewing cases and opining that awards of $50,000 per individual defendant \"greatly exceeds the amount considered necessary for deterrence.\"). Indeed, the Seventh Circuit recognized in Kemezy, 79 F.3d at 35, that while the punishment and deterrence purposes of punitive damages are not dependant on receiving proof of a defendant's income, damage awards which greatly exceed the defendant's ability to pay result in a waste of time both for the jury, and later, the bankruptcy courts. Id. at 36. See also Bell v. City of Milwaukee, 746 F.2d 1205, 1267 (7th Cir. 1984) (concluding that reduction in assessment of punitive damages against individual defendant from $350,000 to $50,000 considered defendant's relative wealth, yet still fulfilled aims of punishment and deterrence); DeRance, Inc. v. PaineWebber, Inc., 872 F.2d 1312, 1328 (7th Cir.1989) (\"Under the law which governs the amount of punitive damages, we have indicated that we must reject the amount of a jury's award if it exceeds what was required to serve the objectives of deterrence and punishment.\") (quoting McKinley v. Trattles, 732 F.2d 1320, 1327 (7th Cir.1984)). Given the fact that Cohen is personally responsible for satisfying the judgment, the jury's punitive damage award in this case is far in excess of what is reasonably necessary to punish and deter. *748 This entire discussion leads to the inescapable conclusion that the jury's punitive damage award is impermissibly excessive and must be reduced by the Court. However, we will not undertake this task in a vacuum, because the jury \"plainly intended to award a significant amount in punitive damages and this intention must be given due regard.\" [22] [23] 2/17/25, 3:00 Fall v. Indiana University Bd. of Trustees, 33 F. Supp. 2d 729 (N.D. Ind. 1998) :: Justia 21/29 Florez, 939 F. Supp. at 1349. After carefully considering all the evidence at trial (including Cohen's ability to satisfy a judgment), the purposes of punitive damages as outlined in Kemezy, our discussion of the guide-posts, the jury's plain intentions, and recent Seventh Circuit awards in comparable cases, the Court will grant Cohen's motion for a remittitur and reduce the Plaintiff's punitive award on the state law claim from $400,000 to $25,000, and on the \u00a7 1983 claim from $400,000 to $25,000, thereby effectively reducing the aggregate punitive award from $800,000 to $50,000. The Court firmly believes that this aggregate amount represents the high end for a reasonable punitive damage award against an individual in circumstances such as these, thereby seemingly comporting with the jury's obvious intentions. This conclusion finds support in the Seventh Circuit's long standing approach of analyzing challenged damage awards to determine whether they are out of line with analogous cases. E.g., Cooper, 97 F.3d at 920; Frazier v. Norfolk & Western Ry. Co., 996 F.2d 922, 925 (7th Cir.1993); DeRance, 872 F.2d at 1329; Levka, 748 F.2d at 425. Cohen's conduct was without question egregious and illegal, but it simply was not as violent or intrusive as the cases which have supported six-figure punitive awards, e.g., Mathie, much less an award approaching one million dollars. Indeed, this Court is unaware, after reviewing the Plaintiff's brief and the relevant case law, of any \u00a7 1983 gender discrimination case in which a plaintiff recovered more than $50,000 in punitive damages against an unindemnified individual defendant. Of course, the Court may not arbitrarily reduce the Plaintiff's punitive damage award, because doing so would infringe upon her Seventh Amendment right to a jury trial. Hetzel v. Prince William County, Virginia, 523 U.S. 208, 118 S. Ct. 1210, 140 L. Ed. 2d 336 (1998) (per curiam). Rather, the proper procedure is to give the Plaintiff the choice of either accepting the remittitur, or of rejecting the remittitur and forcing a new trial limited solely on the issue of punitive damages. McKinnon, 750 F.2d at 1392. The Plaintiff shall inform the Court of her decision to accept or reject the proposed remittitur within twenty (20) days from the date of this Order For all the foregoing reasons, the Plaintiff's motion to alter or amend the judgment is DENIED. Defendant Cohen's motion for a new trial is as to his request for a remittitur of the punitive damage award, but is in all other respects. Within twenty (20) days of this Order the Plaintiff will either accept or reject the remittitur of 2/17/25, 3:00 Fall v. Indiana University Bd. of Trustees, 33 F. Supp. 2d 729 (N.D. Ind. 1998) :: Justia 22/29 $375,000 on the state law punitive award and $375,000 on the \u00a7 1983 punitive award. If accepted, a punitive damage award of $25,000 will entered on both the state law and the \u00a7 1983 claims. If rejected, the jury's punitive damages award will be vacated and a new trial will be granted solely as to the amount of punitive damages to be awarded [1] This Opinion will assume familiarity with the relevant facts, which can be gleaned from the Court's denial of the Defendant's motion for summary judgment found in Fall v. Indiana University Bd. of Trustees, 12 F. Supp. 2d 870 (N.D.Ind.1998). [2] Jurisdiction of the undersigned Magistrate Judge is based on 28 U.S.C. \u00a7 636(c), all parties consenting. [3] The Court notes that counsel for the Plaintiff failed to raise this argument after the verdict was returned, but before the jury was discharged, despite the fact that the issue was raised by the Court at a bench conference prior to the discharge of the jury. See Partial Transcript of Proceedings Pertaining to the Jury's Verdict Held on October 2, 1998 (filed December 14, 1998), at 24-29. In some circuits, the failure to object to an allegedly inconsistent verdict before the jury is discharged waives the argument. See Coleman v. Lane, No. 92 2726, 1995 170025, at *7 n. 9 (N.D.Ill. April 7, 1995) (collecting cases), vacated on other grounds, 1996 167044 (N.D.Ill. April 5, 1996). However, it does not appear that the Seventh Circuit applies the waiver principle to general verdicts. See Timm v. Progressive Steel Treating, Inc., 137 F.3d 1008, 1010 (7th Cir.1998) (\"If [verdict] inconsistency escapes notice until after the jury has disbanded, the proper thing to do is to hold a new trial.\"); Turyna v. Martam Constr. Co., Inc., 83 F.3d 178, 182 (7th Cir.1996) (Rule 59(e) motion was adequate to raise problem of an inconsistent general verdict before the district court); Gordon v. Degelmann, 29 F.3d 295, 298-99 (7th Cir.1994) (\"If the [inconsistent verdict] problem is not caught before the jury disbands (and no one noticed this conflict until post-trial motions) the proper thing to do is to hold a new trial with respect to all affected parties.\"). However, it is clear that waiver would apply here if the verdict could properly be considered a \"Special Verdict\" or a \"General Verdict Accompanied by Interrogatories\" under Fed.R.Civ.P. 49(a) or (b), rather than a general verdict. See Strauss v. Stratojac Corp., 810 F.2d 679, 683 (7th Cir.1987) (a party may waive its right to object to inconsistencies between a general verdict accompanied by special interrogatories pursuant to Rule 49(b)); 2/17/25, 3:00 Fall v. Indiana University Bd. of Trustees, 33 F. Supp. 2d 729 (N.D. Ind. 1998) :: Justia 23/29 Barnes v. Brown, 430 F.2d 578, 580 (7th Cir.1970) (same). Although the verdict form in this case is captioned \"Special Verdict Form,\" and included a special interrogatory, it nonetheless should properly be construed as a general verdict, because it did not require to jury to answer any particular factual question. See Turyna, 83 F.3d at 180-82 (neither Rule 49(a) or 49(b) are applicable when the jury is not required to render specific written findings of fact). Nevertheless, as discussed infra the Plaintiff has waived any argument that can be construed as an indirect attack on the jury instructions or the verdict form itself. Bogan v. Stroud, 958 F.2d 180, 184 (7th Cir.1992) (citing Will v. Comprehensive Accounting Corp., 776 F.2d 665, 675 (7th Cir.1985)). [4] The possibility of bifurcation was raised for the first time in the first final pretrial conference held in this case on July 31, 1998. At that time the Court believed the concept deserved serious consideration, and called for the parties to brief the subject. All parties filed both initial briefs and responses to support their positions on bifurcation, which provided much of the basis for the Court's initial denial of the motion to bifurcate in its Memorandum of Decision and Order dated September 4, 1998. On September 14, 1998, Defendant Cohen filed what the Court construed to be a motion to reconsider, inter alia, the Court's decision on the bifurcation issue, which the Court denied on September 17, 1998. [5] The Court repeatedly admonished the jury that they were to consider such evidence only for the purposes of establishing Cohen's intent to discriminate based upon gender, or to show that may have had prior notice of alleged acts of Cohen before November 11, 1994. Each limiting instruction further admonished the jury that this evidence was not to be considered for any other purpose, and emphasized that liability attached, if at all, only as to Defendant Cohen's conduct on November 11, 1994. The final jury instructions re-emphasized the point: During the course of the trial you were instructed that certain evidence could only be considered by you for limited purposes. Some evidence was only allowed for the limited purpose of determining the Plaintiff's damages, if any, and some evidence was for the limited purpose of showing that Defendant Indiana University may have had prior notice of information pertaining to alleged acts of Defendant Cohen before November 11, 1994, and some evidence was for the limited purpose of showing Defendant Cohen's intent to discriminate based upon gender. Where so limited, this evidence may not be considered for 2/17/25, 3:00 Fall v. Indiana University Bd. of Trustees, 33 F. Supp. 2d 729 (N.D. Ind. 1998) :: Justia 24/29 any other purpose, because liability attaches, if at all, only as to Defendant Cohen's conduct on or after November 11, 1994. Court's Final Instruction No. 14. [6] Cohen's argument necessarily suggests that the jury failed to follow the Court's limiting and final instructions. However, we must presume that the jury followed its instructions. Berry, 28 F.3d at 608 (citing United States v. Kreiser, 15 F.3d 635, 641 (7th Cir.1994); Stutzman v. CRST, Inc., 997 F.2d 291, 297 n. 2 (7th Cir.1993)). Accord Richardson v. Marsh, 481 U.S. 200, 211, 107 S. Ct. 1702, 1709, 95 L. Ed. 2d 176 (1987) (holding that the Confrontation Clause is not violated by the admission of a nontestifying codefendant's confession with a proper limiting instruction); United States v. McClinton, 135 F.3d 1178, 1189 (7th Cir.1998) (\"We rely on our belief that juries heed the instructions.\") (internal quotations and citations omitted). Significantly, Cohen has not articulated any cognizable reason (beyond his own subjective, self-serving assertions of prejudice) for disregarding this well established principle. [7] As alluded to supra, this Court found, and Cohen appears to concede, that the evidence to which he objects was relevant to the Plaintiff's federal claims. Thus, Cohen's argument on the motion to bifurcate, as well as the Rule 403 and Rule 404 objections he raised in his motion in limine, is limited to the fact that the prejudicial effect of this evidence substantially outweighed its probative value. [8] Cohen's motion for a new trial does not take issue with the jury's compensatory damages award. Therefore, this Order, and the remittitur that will be applied, will not affect the compensatory award. [9] See Memphis Community Sch. Dist. v. Stachura, 477 U.S. 299, 306-07 & n. 9, 106 S. Ct. 2537, 2542-43 & n. 9, 91 L. Ed. 2d 249 (1986) (emphasizing the distinction between the purposes of compensatory and punitive damages) (\u00a7 1983 case); Watson v. Thibodeau, 559 N.E.2d 1205, 1209 (Ind.App.1990) (\"The purpose of compensatory damages is to award or impose a pecuniary compensation, recompense, or satisfaction for an injury done or wrong sustained by a party. In contrast, punitive damages are not compensatory in nature but are assigned to punish the wrongdoer and deter similar conduct in the future.\") (citations omitted) (Indiana law). See generally Kemezy v. Peters, 79 F.3d 33 (7th Cir.1996) (reviewing various rationales for awarding punitive damages). [10] In Ustrak, the jury had awarded $15,000 in punitive damages for what the Seventh Circuit described as \"at worst a trivial deprivation\" of the plaintiff prisoner's First 2/17/25, 3:00 Fall v. Indiana University Bd. of Trustees, 33 F. Supp. 2d 729 (N.D. Ind. 1998) :: Justia 25/29 Amendment rights, stating that \"[a]ny award of punitive damages in excess of $1,000 would be unconscionable.\" Ustrak, 781 F.2d at 579-80. In Douglass the Seventh Circuit granted a new trial, inter alia, because it found a compensatory damage award \"absurd\" and far in excess of comparable awards. Douglass, 769 F.2d at 1143-45. In contrast, the Plaintiff in this case clearly suffered more than a trivial deprivation of her constitutional rights, and, as explained supra, the jury's relatively reasonable compensatory damages award does not support an inference that its liability decision was tainted by passion or prejudice. [11] The Court notes that the Supreme Court's thorough decision in of North America v. Gore, 517 U.S. 559, 116 S. Ct. 1589, 134 L. Ed. 2d 809 (1996), did not consider the possibility that a punitive damages verdict so \"grossly excessive\" that it violated due process would support an inference that the jury's liability verdict was somehow invalid. The jury's compensatory damages award in that case of $4,000 was apparently a reasonably accurate estimate of the actual injury. Id. at 564 & n. 4, 116 S. Ct. at 1593 & n. 4. [12] Compare Court's Final Instruction No. 19 (outlining the elements of the assault and battery claim), and Court's Final Instruction No. 30 (\"Punitive damages may be awarded [on the assault and battery claim] in such sum as you believe will ... deter the defendant and others like him from like conduct in the future.\") (emphasis added), with Court's Final Instruction No. 25 (outlining the elements of the \u00a7 1983 gender discrimination claim), and Court's Final Instruction No. 31 (\"you should consider whether punitive damages are likely to deter or prevent other persons from performing wrongful acts similar to those Defendant Cohen may have performed [in violation of \u00a7 1983]\") (emphasis added). [13] The Ninth Circuit relied upon the Mason decision in a subsequent unreported decision upholding a jury's award of punitive damages on both a \u00a7 1983 sexual harassment claim and a state law intentional infliction of emotional distress claim. See Mockler v. Multnomah County, 141 F.3d 1177, 1998 166529, at *5 (9th Cir. March 31, 1998) (Table). [14] Of course, the verdict form itself allowed for the jury to return two punitive damage awards, and no one objected to its use. [15] Ind.P.L. 1-1998, \u00a7 47, July 1, 1998. [16] Cohen contends that the Indiana Legislature intended to cap punitive damages at three times compensatories in cases such as this one, where the trebled compensatory amount does not exceed $50,000, because, as he astutely points out, \"[o]therwise ... courts 2/17/25, 3:00 Fall v. Indiana University Bd. of Trustees, 33 F. Supp. 2d 729 (N.D. Ind. 1998) :: Justia 26/29 would be enmeshed in figuring [whether] to award greater than three times compensatory damages in the smallest of punitive damage cases.\" This may well have been the legislature's intent, but the plain wording of the statute does not speak to the lesser of three times compensatories or $50,000. Indeed, the statute clearly employs the permissive command \"may,\" and therefore plainly permits courts to \"cap\" punitive damages at the greater of either three times compensatories or $50,000. Whether the legislature actually intended this seemingly curious result, or whether the statute should be interpreted differently from its plain meaning will presumably soon be the matter of substantial attention in Indiana courts. However, given our holding that the statute should not be applied retroactively, we shall not be the first court to make this determination. [17] Cohen argues that Ind.Code \u00a7 34-51-3-4 is purely procedural in nature even though it affects the Plaintiff's right to punitive damages. See Landgraf v Film Products, 511 U.S. 244, 283-85, 114 S. Ct. 1483, 1506-07, 128 L. Ed. 2d 229 (1994) (finding that the Civil Rights Act of 1991 could not be given retroactive effect because its punitive damages provision established a \"new right to monetary damages\"). According to Cohen, Ind.Code \u00a7 34-51-3-4 does not create a new right, but merely places constraints on a right already enjoyed by Indiana plaintiffs, and therefore does not fall within the rationale of Landgraf. Moreover, Cohen points out that there is no \"right\" to punitive damages in Indiana, Travelers Indem. Co., 442 N.E.2d at 362, and that consequently any limitations placed upon the recovery of punitive damages cannot be considered substantive. The Court does not share Cohen's conviction that the statute does not affect substantive rights. See Eddy v. McGinnis, 523 N.E.2d 737, 741 (Ind. 1988) (\"Absent a constitutional prohibition, the legislature is free to reform the state's substantive law in [the field of punitive damages]\"); (emphasis added); see also Mastrobuono v. Shearson Lehman Hutton, Inc., 514 U.S. 52, 63, 115 S. Ct. 1212, 1219, 131 L. Ed. 2d 76 (1995) (describing the right to punitive damages as \"an important substantive right\"). Cf. Western Smelting & Metals, Inc. v. Slater Steel, 621 F. Supp. 578, 585 (N.D.Ind.1985) (\"a statute which increases a defendant's liability cannot be applied retroactively.\") (citing Herrick v. Sayler, 245 F.2d 171, 174 (7th Cir.1957)) (emphasis added). Nevertheless, as discussed infra, even if we assume, arguendo, that Ind.Code \u00a7 34-51-3-4 is procedural in nature, Cohen still does not prevail. [18] Accord Metro Holding Co. v. Mitchell, 589 N.E.2d 217, 219 (Ind.1992) (\"[This] is also not a case in which there is a pressing social need ... to apply the statute in any manner other than prospectively.\"); Chesnut, 665 N.E.2d at 9 (\"Strong and compelling reasons must exist for retroactive application.\"); Sack v. Estate of Hubbell, 613 N.E.2d 868, 870 2/17/25, 3:00 Fall v. Indiana University Bd. of Trustees, 33 F. Supp. 2d 729 (N.D. Ind. 1998) :: Justia 27/29 (Ind.App.1993) (\"Retroactive application is the exception even for remedial laws and such statutes will not be applied retroactively without strong and compelling reasons.\"); Turner v. Town of Speedway, 528 N.E.2d 858, 863 (Ind.App.1988) (\"Even if a statute is remedial in nature, retroactive application will be denied unless there are compelling reasons to do so.\") [19] Moreover, it would be inappropriate to infer that the legislature implicitly intended for Ind. Code \u00a7 34-51-3-4 to apply retroactively if any other statutory amendment enacted as part of the rather far reaching Ind.P.L. 1-1998 affects substantive rights. See Chesnut, 665 N.E.2d at 10. [20] Although the Court will not give retroactive effect to Ind.Code \u00a7 34-51-3-4 (1998), we do acknowledge that the statute indicates the legislature's clear intent to limit punitive damage awards in state tort actions. BMW, 517 U.S. at 583, 116 S. Ct. at 1603 (\"substantial deference\" is owed to legislative judgements regarding appropriate sanctions). [21] We recognize that Title cases do not present a perfect analogy to the instant case, because Title damage awards are recovered from employers, while \u00a7 1983 awards may, as in this case, be recovered from an individual defendant who is not indemnified by his employer. As discussed more fully infra, this distinction weighs in favor of Cohen. [22] The Court is aware that in Keenan v. Philadelphia, 983 F.2d 459 (3d Cir.1992), the Third Circuit affirmed punitive awards against three individuals found liable for gender harassment in the remitted amounts of $266,666.65, $266,666.65, and $133,333.35, respectively. However, in that case it was clear to the reviewing courts that the individual defendants were indemnified by the city, and therefore would not have to pay these sums out of their own pockets. In stark contra-distinction, it is apparent from the evidence at trial, as well as the Court's participation in the many hours of pretrial conferences in this case, that will not be indemnifying Cohen in this action. Thus, the Plaintiff's punitive damage award, as well as her compensatory damage award and an award of attorneys fees, will all have to be satisfied out of Cohen's pocket alone. [23] We also observe that Congress has imposed a maximum combined punitive and compensatory limit in sexual harassment cases under Title of $300,000 for those employers with more than 500 employees, and a combined punitive and compensatory limit of $50,000 for those employers with between 14 and 101 employees. 42 U.S.C. \u00a7 1981a(b) (3) (A), (D). 2/17/25, 3:00 Fall v. Indiana University Bd. of Trustees, 33 F. Supp. 2d 729 (N.D. Ind. 1998) :: Justia 28/29 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, 3:00 Fall v. Indiana University Bd. of Trustees, 33 F. Supp. 2d 729 (N.D. Ind. 1998) :: Justia 29/29", "7385_104.pdf": "Court Upholds Firing of \u2018Intimidating\u2019 Professor / August 6, 2009 (CN) - The Indiana Court of Appeals upheld the firing of an Indiana University professor who yelled at his students and responded to harassment allegations by writing in a letter to the editor: \"Have you ever noticed that almost all of the women who claim to be sexually harassed are physically ugly?\" H. Daniel Cohen was a tenured physics professor with the university's South Bend campus in 1987. He also served as chancellor. He was stripped of that title in 1994 after a female student accused him of forcibly kissing her and groping her breasts. Cohen remained as a professor after a one-year sabbatical. However, another female student, J.G., accused him in 1999 of discriminating against her based on gender and religion. An investigative report by the school's Affirmative Action Office found that Cohen \"swore in class, made religious references to himself ... (and) was authoritarian, condescending, and demeaning in his responses to some students.\" One year later, another group of students complained to the school's chancellor that Cohen \"discourages questions and intimidates his students.\" The South Bend Tribune published an article about Cohen on March 8, 2001, and the professor fired back in a letter to the editor: \"Have you ever noticed that almost all of the women who claim to be sexually harassed are physically ugly guess they just need to deny their lack of attractiveness to the opposite sex, and to use this method to get the attention and money they cannot otherwise command.\" That day, Cohen saw J.G. taking a math test, stood in the doorway, and stared her down, he admitted, for \"five seconds.\" J.G., who was en route to getting an on the test, made several mistakes on the final page after the visual encounter. She again complained to the school. Two months later, after a 20-hour faculty board hearing in which more accusations flew about Cohen's behavior, he lost his job. Cohen sued the university for firing him without reason, in violating of the university's agreement to let him return after his sabbatical. The trial court denied the university's motion for summary judgment. The agreement states that if Cohen returned, he would come back \"as a professor of physics, with tenure with the rights and responsibilities attendant to that position.\" Judge Brown said this clause clearly and unambiguously allows the university to fire him for failing to meet those responsibilities. Try Litigation Reports or Log in Sunday, February 16, 2025 | Back issues Log in to CasePortal Monday, February 17, 2025 Free Litigation Reports Find Judicial Opinions 2/17/25, 3:00 Court Upholds Firing of \u2018Intimidating\u2019 Professor | Courthouse News Service 1/2 Do Not Sell or Share My Personal Information Connect with us on our social channels: \u00a9 2025, Courthouse News Service About Us / Masthead / Advertise / Terms of Use / Privacy Policy / Support \"The university did not breach the agreement by dismissing Cohen on that basis,\" Brown wrote, \"and the university was entitled to judgment as a matter of law.\" Categories Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world. enter your e-mail address Additional Reads Contributor-Test-Post- 2025-02-15 February 15, 2025 Contributor-Test-Post- 2025-02-15 February 15, 2025 Contributor-Test-Post- 2025-02-15 February 15, 2025 Contributor-Test-Post- 2025-02-15 February 15, 2025 Subscribe to Closing Arguments Submit 2/17/25, 3:00 Court Upholds Firing of \u2018Intimidating\u2019 Professor | Courthouse News Service 2/2"} |
7,710 | Don A. Samuelson | University of Florida | [
"7710_101.pdf",
"7710_102.pdf"
] | {"7710_101.pdf": "By By and and UPDATED: UPDATED: June 17, 2018 at 9:40 June 17, 2018 at 9:40 University of Florida professor is facing three years probation for using a University of Florida professor is facing three years probation for using a camera pen to film up his student\u2019s clothing to determine whether or not she camera pen to film up his student\u2019s clothing to determine whether or not she was wearing undergarments, according to was wearing undergarments, according to documents documents obtained by The obtained by The Smoking Gun. Smoking Gun. Veterinary professor Don Samuelson, 65, was arrested in September for Veterinary professor Don Samuelson, 65, was arrested in September for using a pen with an attached camera to film students\u2019 chest and thigh areas. using a pen with an attached camera to film students\u2019 chest and thigh areas. Samuelson told police that he did so for his sexual arousal and, in once case, Samuelson told police that he did so for his sexual arousal and, in once case, to prove that a student wasn\u2019t wearing underwear, according to the to prove that a student wasn\u2019t wearing underwear, according to the police police report report.. Police were alerted to Samuelson\u2019s behavior when one student realized what Police were alerted to Samuelson\u2019s behavior when one student realized what he was doing. he was doing. Samuelson retired from shortly after his arrest after being issued a notice Samuelson retired from shortly after his arrest after being issued a notice of intent to dismiss from the university, according to the of intent to dismiss from the university, according to the Daily Mail Daily Mail.. Late last month Samuelson was sentenced to three years probation and Late last month Samuelson was sentenced to three years probation and ordered to pay a $672 fine. He entered a plea of no contest. ordered to pay a $672 fine. He entered a plea of no contest University of Florida professor University of Florida professor sentenced in video voyeurism sentenced in video voyeurism case case 2/17/25, 3:00 University of Florida professor sentenced in video voyeurism case \u2013 Orlando Sentinel 1/2 2014 2014 \ue907 \ue907February February \ue907 \ue90719 19 Originally Published: Originally Published: February 19, 2014 at 10:08 February 19, 2014 at 10:08 2/17/25, 3:00 University of Florida professor sentenced in video voyeurism case \u2013 Orlando Sentinel 2/2", "7710_102.pdf": "Fla. veterinary school professor arrested for secretly recording female students September 24, 2013 By Julie Scheidegger Article Don Samuelson confesses to making recordings for sexual arousal. Arrested Sept. 4, University of Florida College of Veterinary Medicine professor Don A. Samuelson, MS, PhD, 65, has confessed to secretly viewing and recording video of female students for his amusement, entertainment, sexual arousal or gratification search warrant executed at Samuelson\u2019s office Sept. 6 revealed a camera pen with an integrated thumb drive on which the recordings were stored. Two victims were identified in recordings dating between April and August 2013. The arrest report states that on or about April 10 and on or about April 17, Samuelson intentionally used an imaging device without the victim\u2019s knowledge or consent to view her body or undergarments. The device was directed toward the gap between the student\u2019s chest and the V-neck of her shirt. On or about June 6, Samuelson again used the imaging device to record a student\u2019s chest area. On Aug. 30, the arrest report alleges, Samuelson again recorded video of a student\u2019s chest area and the victim\u2019s upper inner thighs normally concealed by her dress. Samuelson claimed ownership of the camera pen after it was found in his office at the college. His face and voice were recorded in several of the videos stored on the camera pen. The videos were made at the College of Veterinary Medicine without the consent or prior knowledge of most of the victims. Choose Specialty 2/17/25, 3:01 Fla. veterinary school professor arrested for secretly recording female students 1/5 The woman recorded Aug. 30, however, became aware of the videotaping as it occurred, prompting the investigation. Samuelson is charged with four counts of sex offense, two involving video voyeurism and two involving attempted video voyeurism. The charges are considered third-degree felonies in the state of Florida and involve potential imprisonment for up to five years and a fine of up to $5,000. More charges may be forthcoming as the investigation continues. The arrest report states that the camera pen was recovered in close proximity to thumb drives containing numerous pornographic images. The camera pen\u2019s drive also contained several other videos of women working in Samuelson\u2019s laboratory or meeting with him in his office. Samuelson admitted to investigators Sept. 9 that he used the camera pen to take videos under one of the victim\u2019s clothing. \u201cSamuelson claimed that he was attempting to gather proof that [she] was not wearing undergarments because he thought it was inappropriate,\u201d the arrest report states. Investigators asked Samuelson to account for the times he directed the camera pen at students\u2019 breasts. \u201cSamuelson acknowledged that this activity was \u2018inappropriate.\u2019\u201d Samuelson was released on bond shortly after his arrest, and the university placed him on administrative leave Sept. 6. \u201cHe was placed on administrative leave as soon as we learned of the allegations against him,\u201d says Assistant Vice President of media Relations and Public Affairs Janine Sikes. The university has also banned Samuelson from campus. Sikes says that in situations of a serious nature, the university deems termination the appropriate course of action. Samuelson has been a professor at the college since 1978 and taught veterinary histology\u2014a class required for all first-year veterinary students\u2014and introduction to ophthalmology in the Department of Small Animal Clinical Sciences. Sikes says no formal discipline had ever been imposed on Samuelson prior to his arrest. However, she did say the university issued a counseling letter about \u201csome angry behavior he displayed in 2001.\u201d Also, Samuelson was anonymously accused of having an affair with a nontraditional veterinary student in 2006, but the allegations were not substantiated, Sikes says. Consensual relationships between adults are not against policy but are considered a potential conflict of interest. Samuelson\u2019s classes have temporarily been taken over by other faculty members until a replacement is found. \u201cStudents with research projects involving Dr. Samuelson will be assigned different advisors and we will work to ensure these projects 2/17/25, 3:01 Fla. veterinary school professor arrested for secretly recording female students 2/5 continue as smoothly as possible,\u201d Sikes says. The university has offered counseling to anyone affected by the incidents. Recent Videos Corneal ulcers: Common misconceptions Navigating corneal ulcers: Medical management vs. debridement Cornea Related Content Image quiz: Identify an eye condition Alex Sigmund February 13th 2025 Article look at an ophthalmologic condition. Read More Top 2024 dvm360 podcasts: #3 December 29th 2024 Podcast Top 5 episode of dvm360's The Vet Blast Podcast is revealed in our 2024 countdown. Listen Davis performs its first retinopexy Caitlin McCafferty, Editor February 7th 2025 Article recent purchase at Davis was used to help restore the vision of a 7-year- old Shih-Tzu Read More 2/17/25, 3:01 Fla. veterinary school professor arrested for secretly recording female students 3/5 Contact Us Fetch DVM360 Conference Terms and Conditions Privacy Do Not Sell My Information About Us Contact Info 2 Commerce Drive Cranbury 08512 Under pressure! Everything you need to know about glaucoma Caitlin McCafferty, Editor June 19th 2024 Podcast Join Drs Adam Christman and Alex Sigmund to talk all things glaucoma on this 'eye' opening episode of The Vet Blast Podcast Listen Looking at iridociliary cysts Kristen Coppock Crossley January 29th 2025 Article Kate Myrna, DVM, DACVO, discussed the ophthalmologic condition during a session at the 2025 Veterinary Meeting & Expo. Read More Tips for simplifying ophthalmic exam in general practice Caitlin McCafferty, Editor January 28th 2025 Article Ron Ofri, DVM, PhD, DECVO, shares how veterinary professionals can make eye exams easier for all during his recent lecture at Read More 2/17/25, 3:01 Fla. veterinary school professor arrested for secretly recording female students 4/5 Editorial 609-716- 7777 \u00a9 2025 Life Sciences All rights reserved. 2/17/25, 3:01 Fla. veterinary school professor arrested for secretly recording female students 5/5"} |
7,891 | David Stetter | Washington University – St. Louis | [
"7891_101.pdf",
"7891_102.pdf",
"7891_103.pdf"
] | {"7891_101.pdf": "Campus news of the week: Swim team probation, stabbing, explicit texts and more Susannah Hutcheson Published 9:45 p.m Aug. 4, 2017 Welcome to the weekly Campus news of the week roundup here at College. There are around 5,000 colleges and universities in the U.S. Here\u2019s a snapshot of the most compelling stories that happened on campus around the country this week, according to student newspapers. UC-Berkeley: Milo protest lawsuit dropped According toThe Daily Californian, Kiara Robles -- who was pepper-sprayed at a planned Milo Yiannopoulos event on campus in February -- has dropped her $23 million lawsuit against the Berkeley campus and several of its officials. The Daily Californian said that Robles charged the campus with failing to protect students who didn't subscribe to \"radical, left wing philosophies\" and were therefore subjected to \"severe violence and bodily harm\" at the anti-Yiannopoulos protest that became violent and kept the right-wing personality from speaking on campus as planned. Dartmouth: Women's swimming and diving team on probation The Dartmouthreports that the women's swimming and diving team has been placed on probation after admitting to hazing. According to The Dartmouth, team members admitted to having first-year members \"create and present a sexualized Powerpoint presentation\" during their winter break training trip. Stabbings Add Topic 2/17/25, 3:01 campus-news-of-the-week-swim-team-probation-stabbing-explicit-texts-and-more 1/3 The rowing team will be banned from three meets in the fall of 2017, and they can resume on December 1. Yale: New dean for Yale's Pierson College According to the Yale Daily News, Riche\u0301 Barnes -- an assistant dean of social sciences and a professor of sociocultural anthropology -- will become the new dean of Pierson College at Yale. Barnes will replace former dean June Chu, who left her position after offensive reviews she posted on Yelp were circulated. University of Wisconsin-Madison: Former student found not guilty of assault charge The Daily Cardinal reports that, after a two-day trial, former student Nicholas Ralston was found not guilty of third-degree sexual assault. Ralston essentially admitted to the assault in 2015 and in turn was expelled after he \"reportedly initiated nonconsensual oral sex with his roommate\u2019s girlfriend in their Ogg Hall dorm room in April 2015, according to the criminal complaint.\" Ralston said that he only admitted to the assault because the victim convinced him that it had happened. Northwestern: Manhunt for professor wanted in stabbing Wyndham Lathem, an associate professor of microbiology and immunology at Northwestern, is wanted in connection with a fatal stabbing, reported the Daily Northwestern. The professor, who has been banned from campus, is currently at large and considered armed and dangerous, along with another man also wanted for the crime, an Oxford University employee named Andrew Warren. The victim, identified as Trenton Cornell-Duranleau, age 26, was found in Lathem's apartment. Police said Lathem sent a video to friends and family that seemed to acknowledge his role in the stabbing. 2/17/25, 3:01 campus-news-of-the-week-swim-team-probation-stabbing-explicit-texts-and-more 2/3 Washington University: Former administrator sent explicit messages to students According toStudent Life, former assistant director of fraternity and sorority life David Stetter sent explicit text messages to students on the dating app Grindr while employed by the university. Student Life reports that Stetter knew that he was talking to students, and asked one student: \u201cyou in a frat @ wash u?\u201d At least one of the students reported the exchange to Title IX, but it is unclear as to what made Stetter leave the university. This story originally appeared on the College blog, a news source produced for college students by student journalists. The blog closed in September of 2017. 2/17/25, 3:01 campus-news-of-the-week-swim-team-probation-stabbing-explicit-texts-and-more 3/3", "7891_102.pdf": "Advertisement The independent newspaper of Washington University in St. Louis Administrator sent sexually explicit messages to Wash. U. students Wesley Jenkins | Senior Editor August 2, 2017 Former Washington University administrator David Stetter used a social media app to send sexually explicit texts and photos to multiple students while employed by the University, Student Life confirmed today. Stetter, who vacated his position of assistant director of fraternity and sorority life on June 27, sent texts over the messaging app Grindr, including one message asking a student to send him explicit pictures. In multiple exchanges with different students, Stetter acknowledged that he worked at the University and knew they were Washington University students, asking one \u201cyou in a frat @ wash u?\u201d At least one of the students involved reported the exchanges with Stetter to Title Director Jessica Kennedy by mid-June. Kennedy replied to the student, acknowledging the report and writing \u201cPlease don\u2019t hesitate, though, to reach out to Kim [Webb, director of the Relationship and Sexual Violence Prevention Center] or me for support if you need it.\u201d It is unclear at this time if the messages or Title report played a role in Stetter leaving the University. 2/17/25, 3:01 Admin sent explicit messages to students | Student Life 1/3 One of the students who Stetter messaged spoke to Student Life on the condition of anonymity, producing evidence of messages sent from Stetter to that student as well as to another student. Vice Chancellor for Public Affairs Jill Friedman and Associate Vice Chancellor for Students and Dean of Students Rob Wild both declined to comment for this story, citing University policy of not commenting on personnel decisions. Friedman did want to reinforce though that \u201cthe University does not condone sexual harassment of any kind.\u201d Kennedy could not immediately be reached for comment. Stetter also declined to comment. Advertisement Trending Stories 1. Shop \u2018til you drop: WashU pilots new Shopper Shuttle 2 like you (as a friend)! Now say it back (as a friend)!\u2019: Why we should all have friend crushes 3. \u201cI\u2019d like to see sex ed [get] raunchier\u201d: Queer sex therapist Casey Tanner on sex, sexuality, and relationships in college 4. \u2018It\u2019s actual people and their jobs\u2019: How the funding cuts would affect WashU 5. Don\u2019t overthink it, just go on a date Stay in Touch! Get the latest and top news from StudentLife delivered to your inbox Subscribe Advertisement 2/17/25, 3:01 Admin sent explicit messages to students | Student Life 2/3 news@studlife.com Washington University in St. Louis 314-935-5995 \u00a9 2023 Washington University Student Media, Inc. - All rights reserved News Sports Forum Scene About us Staff Archive Policies Advertise Contact us Get Involved Alumni Connections crossword Play the Crossword games.studlife.com Share Best Newest Oldest 1 Comment \ue603 1 Login Name Join the discussion\u2026 ? Darth Plagueis Reply \u2212 \u2691 8 years ago Ironic. He could save others with sexual assault prevention training, but not himself. 2 0 Subscribe Privacy Do Not Sell My Data \u2945 2/17/25, 3:01 Admin sent explicit messages to students | Student Life 3/3", "7891_103.pdf": "Advertisement The independent newspaper of Washington University in St. Louis Assistant Director of Fraternity and Sorority Life leaves WU, search process for replacement underway Wesley Jenkins | Senior Editor July 17, 2017 Assistant Director of Fraternity and Sorority Life David Stetter no longer works for Washington University, having vacated the position on June 27. News of his departure was relayed to the various Greek-related organization presidents via an email from Associate Director for Campus Life Stephanie Weiskopf on July 10, with the University setting the target date of September 5 to fill the now-vacant position. \u201cSupporting the vibrant Fraternity and Sorority community is of utmost importance to Campus Life and the University,\u201d the email reads. \u201cWe believe in the fraternal experience and are excited to identify a candidate that will support you all as you live out the mission and values of your organizations.\u201d Rob Wild, associate vice chancellor for students, noted that Stetter\u2019s absence should not affect the fall fraternity rush process, as the University already has staff in place to run the proceedings. However, Wild reinforced the importance of the assistant director position and said the University had already begun an \u201caggressive\u201d process to fill the empty post. 2/17/25, 3:01 Assistant Director of Fraternity and Sorority Life leaves WU, search process for replacement underway - Student Life 1/3 As to the nature of Stetter\u2019s departure, Wild declined to comment, but confirmed it was unrelated to the recent federal Title investigations. Tags: david stetter, rob wild, Stephanie Weiskopf Advertisement Trending Stories 1. Shop \u2018til you drop: WashU pilots new Shopper Shuttle 2 like you (as a friend)! Now say it back (as a friend)!\u2019: Why we should all have friend crushes 3. \u201cI\u2019d like to see sex ed [get] raunchier\u201d: Queer sex therapist Casey Tanner on sex, sexuality, and relationships in college 4. \u2018It\u2019s actual people and their jobs\u2019: How the funding cuts would affect WashU 5. Don\u2019t overthink it, just go on a date Stay in Touch! Get the latest and top news from StudentLife delivered to your inbox Subscribe crossword Play the Crossword games.studlife.com Advertisement 2/17/25, 3:01 Assistant Director of Fraternity and Sorority Life leaves WU, search process for replacement underway - Student Life 2/3 news@studlife.com Washington University in St. Louis 314-935-5995 \u00a9 2023 Washington University Student Media, Inc. - All rights reserved News Sports Forum Scene About us Staff Archive Policies Advertise Contact us Get Involved Alumni Connections Share Best Newest Oldest 0 Comments \ue603 1 Login Name Start the discussion\u2026 ? Be the first to comment. Subscribe Privacy Do Not Sell My Data \uf109 2/17/25, 3:01 Assistant Director of Fraternity and Sorority Life leaves WU, search process for replacement underway - Student Life 3/3"} |
7,882 | John Paul | Washburn University | [
"7882_101.pdf",
"7882_102.pdf",
"7882_103.pdf"
] | {"7882_101.pdf": "Former Washburn student alleges relationship with professor exploitative University doesn\u2019t have a policy on consenting relationships Katie Moore Published 12:49 p.m Feb. 15, 2017 Washburn University professor resigned about a month after a former student alleged the two had engaged in a relationship that became coercive and exploitative. John Paul had been employed as a sociology professor since August 2003. He resigned in December 2016. Patrick Early, director of university relations, said no details regarding the resignation would be shared because it was a personnel matter. Washburn University doesn\u2019t have a specific policy addressing faculty-student relationships, unlike some other public universities in Kansas legal expert said that although a perfect model doesn\u2019t exist, many schools have forbidden relationships between students and faculty who supervise them, describing this as a strong step in the right direction. According to a letter written by Washburn\u2019s equal opportunity director, Pam Foster, and obtained by The Topeka Capital-Journal, Paul\u2019s former student met with Foster on Nov. 14, 2016, to discuss the relationship, which began as she was taking classes from Paul. The woman also submitted an impact statement, a copy of which was obtained by The Capital- Journal, that alleges Paul told her that if anyone found out about the relationship, it could result in having her grades scrutinized, retaking classes or losing her degree. \u201cIt would stigmatize me and this stigma would follow me into my graduate school career \u2018like a scarlet letter,\u2019 \u201d the statement reads. Though the relationship was initially consensual, the woman said, she wouldn\u2019t have consented had she better understood the imbalance of power between students and professors and known Paul was involved with someone else. 2/17/25, 3:01 Former Washburn student alleges relationship with professor exploitative 1/4 Alexandra Brodsky, a fellow with the National Women\u2019s Law Center, said some universities maintain that relationships between faculty and students are inherently coercive and there is an outright ban on such situations. Even if a relationship starts consensually, she said, that doesn\u2019t mean it remains consensual going forward. Paul didn\u2019t respond to an emailed request for comment phone number listed as Paul\u2019s was out of service. In the letter, dated Dec. 2, 2016, Foster told the former student that the complaint was being closed because it didn\u2019t \u201cconstitute sexual harassment, sexual violence, dating violence, domestic violence, or relationship violence.\u201d In cases where a complaint doesn\u2019t warrant further review, the accused isn\u2019t interviewed or notified that a complaint was made, according to university policy. Foster wrote that she had reviewed the nondiscrimination policy and there wasn\u2019t sufficient evidence pointing to a hostile environment. There wasn\u2019t evidence that Paul denied educational opportunities or took negative actions against the former student based on remaining in a sexual relationship. The complaint was then referred to the Dean of Arts and Sciences, according to the letter. It also notified the former student she could file a complaint with the Office for Civil Rights. In email correspondence between Foster and the former student, the latter contends that in making a decision, the administrator built a case against her instead of facilitating the case. She said she still believes the university\u2019s nondiscrimination policy was violated because the situation created an intimidating or hostile educational environment. The impact statement says believe that have begun to equate sex with exploitation, deception and abuse.\u201d It details how the situation has made her afraid of meeting one-on-one with male authority figures in academia and abandon plans to attend graduate school. Psychologically, the situation has caused the woman to question her self-worth and she has engaged in self-harm, according to her statement. In a Dec. 6 email, Foster told the woman that a proposal to create a policy regarding dating relationships \u201cis being taken seriously.\u201d Early said policies regarding relationships are covered in the faculty handbook under the provision which states, \u201cCause for termination consists of demonstrated incompetence or dishonesty in teaching or research; substantial and manifest neglect of duty; personal 2/17/25, 3:01 Former Washburn student alleges relationship with professor exploitative 2/4 conduct which substantially impairs the individual\u2019s fulfillment of his/her university responsibilities; engaging in or substantially contributing to actions materially disruptive to the effective operations of the university.\u201d Steve Cann, a Washburn political science professor who has written about administrative law, said he thought the policy was sufficient, especially since employees have to pass a test on sexual harassment. Brodsky, however, said the policy was \u201crather vague.\u201d \u201cAs a general principle,\u201d Early said can tell you that an inappropriate relationship with a student would be a violation of the faculty and staff code of conduct and would be grounds for disciplinary action up to and including dismissal.\u201d The University of Kansas has an extensive policy on consenting relationships that states faculty member will always be treated as having such a power differential if the student is in an educational experience where the faculty member has authority to assign grades.\u201d The policy says such circumstances are \u201cunwise and often contrary to professional ethics,\u201d and faculty is barred from evaluating the student\u2019s work. Additionally, it is up to faculty members to remove themselves from having an evaluative role. Violations in the policy may result in sanctions ranging from a warning to a recommendation of dismissal. Emporia State University and Pittsburg State University also have consenting relationship policies. The American Association of University Professors also has addressed the issue by stating, \u201cSexual relations between students and faculty members with whom they also have an academic or evaluative relationship are fraught with the potential for exploitation. Even when both parties initially have consented, the development of a sexual relationship renders both the faculty member and the institution vulnerable to possible later allegations of sexual harassment in light of the significant power differential that exists between faculty members and students.\u201d Kansas State University doesn\u2019t have a policy that explicitly mentions the faculty/student relationship, but there is a policy on nondiscrimination, harassment and sexual violence that could apply, said Cindy Hollingsworth, director of news and communications services for the school. In 2016, 83 complaints were filed through Washburn\u2019s Equal Opportunity Office. The complaints were made by employees and students alleging discrimination or violation of the 2/17/25, 3:01 Former Washburn student alleges relationship with professor exploitative 3/4 Equal Educational and Employment Opportunity Policy. Federal discrimination statutes don\u2019t require the university to regularly report complaints to a federal agency, Early said. 2/17/25, 3:01 Former Washburn student alleges relationship with professor exploitative 4/4", "7882_102.pdf": "Apply About Indigo Magazine Advertise With Us Share Your Voice News Features Sports \uf1be \ue07b \uf16d \ue61b \uf39e \uf002 Search \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f Editorials Opinion letter to our readers on \u201cconfrontation\u201d article Mark Feuerborn January 17, 2017 Over the past few days, the Washburn Review and have both received our respective shares of criticism over my most recent article, \u201cDetails emerge on classroom confrontation,\u201d including accusations of bias in favor of John Paul, professor of sociology, and bias against Sharla Blank, professor of anthropology. It is within this personal statement that hope to address these criticisms. To begin will inform our readers that have never met Paul or Blank, and that have no ill will towards either also understand that the two are seen quite positively by much of the student body, as they are academically sound teachers that ordinarily carry themselves professionally. With a strong following for both, it is understandable that reactions to the article on their confrontation were intense. The most important thing to understand when discussing this \u201cclassroom confrontation\u201d is that it is not the whole story\u2013that is, there is a larger situation underneath that triggered it will inform our readers that the Review is documenting the underlying situation so that this news organization may fulfill its commitment to truth. However, the Review also takes the safety of its interviewees and the privacy of those involved very seriously, and that is why we chose unanimously to wait to disclose further information on it. In the meantime, what happens in a public classroom must be covered. The confrontation that occurred Nov. 30, 2016 was a singular incident. Neither Paul nor Blank have any kind of history of similar confrontations, and know that something quite shocking sparked the reaction Blank had. Taking this into account will not justify her choosing to \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f confront Paul in the presence of students, but also will not condone Paul\u2019s actions that led her to do so. As this is my personal statement, it is my opinion Blank should not be fired for what happened in the classroom. In light of Paul\u2019s admittance to the existence of allegations of sexual misconduct to one of our witnesses, it is also my opinion that his disappearance from everything publicly associated with the university is highly suspicious. On addressing further criticisms of the article, some have claimed it has inaccuracies and is damaging to Blank\u2019s reputation. To this say that the Review depends on the accounts of witnesses for its information, and in this case two brave students in that classroom fulfilled this requirement. Unfortunately, Blank and Paul were either told not to or declined themselves to comment, which prevented their perspectives from being shared, and Washburn University could not comment in detail on the incident. While it is not the desire of the Review to detriment a professor\u2019s career, much of the article\u2019s content was quotes from the students present for the incident. Claims the article is inaccurate are claims the students are inaccurate. These students were afraid and confused, and their perspectives are valid even if they were unaware of the underlying situation. With this in mind, the Review had the oppportunity to interview an additional witness to the confrontation on Jan. 16. This additional student was able to recall specifics that shed further light on how Paul reacted to Blank approaching him in the classroom, but there is no testimony that yet directly conflicts with the accounts the original two students gave. Some have also criticized the article by saying that we should have waited for a statement or solution from the university. As information on the confrontation was gathered, the Review waited over a month to publish an article on it, and in that time nothing was released by the university to address it. Recall the 2015 Carole Chapel incident that happened on campus, when Washburn University faced criticism for failing to alert students to what happened, even though they felt students were safe. The Review feels obligated to report on incidents that \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f occur in public spaces on campus, even when the university\u2019s answer is no comment am sure Washburn is taking steps to prevent this from happening again, but transparency with their students is still something request. To those who have made personal attacks against me for this article: There is no instance where this convinces someone to empathize with your point of view welcome criticism of my work, but can\u2019t classify some of the comments have received as anything other than harassment. Additionally, to those who claim wrote this article for personal gain: News media is commonly referred to as the Fourth Estate, a societal force crucial to democracy. It is the people\u2019s watchdog, serving to disclose the truth. Most importantly, it holds institutions accountable and transparent, even beyond those institutions\u2019 wishes. It is within this framework that derived my purpose in writing the article. The Review stands behind me in saying \u201cDetails emerge on classroom confrontation\u201d will not be taken down at this time, but we do welcome any who disagree with it to help us find witnesses willing to give additional accounts of what happened apologize to any who had a negative reaction to this article, but news coverage sometimes has that effect hope that additional articles on the overall situation will better explain why we are covering this. Donate to The Washburn Review $295 $500 Contributed Our Goal Leave a Comment Your donation will support the student journalists of \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f \u00a9 2025 Pro WordPress Theme by \u2022 Log in Donate Your donation will support the student journalists of Washburn University. Your contribution will allow us to purchase equipment and cover our annual website hosting costs. The Washburn Review Established 1885 \uf39e \uf16d \ue61b \ue07b\uf1be Enter Search Term \uf002 1700 College Ave. Topeka 66604 Phone: 785-670-2506 Email: wureview@gmail.com Hours: by appointment, contact Regina Cassell at regina.cassell@washburn.edu About Archives Student Media Staff \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f", "7882_103.pdf": "Apply About Indigo Magazine Advertise With Us Share Your Voice News Features Sports \uf1be \ue07b \uf16d \ue61b \uf39e \uf002 Search Subscribe to our newsletter! Download the \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f News Professor resigns amid sexual misconduct allegations Mark Feuerborn January 24, 2017 Facing an alleged investigation into a formally filed report of sexual exploitation of a female student, John Paul, professor of sociology, resigned from his position as a teacher at Washburn University following the completion of the Fall 2016 semester. Patrick Early of University Relations gave this statement on behalf of Washburn: ' \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f \u201c[Dr. Paul] was employed by the university from August 2003 until December 2016 as a professor of sociology,\u201d Early said. \u201cDr. Paul resigned from his position and information about him was subsequently removed from the university directory and website as per our normal practice. The university\u2019s policy is to not discuss personnel matters involving any university employee so there isn\u2019t anything further that can share about that.\u201d The allegations that Paul had been sexually inappropriate with a female student became public knowledge following a Nov. 30 confrontation in a classroom between him and anthropology professor, Sharla Blank. Paul informed witnessing students about the allegations and said they were not true. In light of the report being filed, a former student of Paul\u2019s, who took multiple courses with him and whom he served as an academic advisor for, has come forward with an account of a sexual relationship with Paul which allegedly began and continued while she was enrolled in courses with him. The student believes that she is one of multiple students Paul has engaged with throughout his career, and fears he may continue to engage in sexual relationships with students if hired at another university. She initially consented to the relationship, but found this consent was given under false pretenses upon being made aware Paul had additional partners throughout their relationship. This student has been kept anonymous for her safety. The student detailed the beginning of the relationship, when Paul met with her for academic advising just before the end of a semester. The student said that Paul proposed a directed readings class over the break, in which the student would meet with Paul at his home. In looking back at this meeting, the student said Paul used his position as an academic advisor to set up a scenario where the student would see him in private at his residence. \u201cHe gave me his phone number, his personal number, in that meeting \u201d the student said \u201cThe reason cited was that \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f that meeting, the student said. The reason cited was that because was going to be doing a directed readings course with him, but was fulfilling all of the coursework for the class over winter break, he wanted me to have immediate access to him. From there, through texting, we scheduled meetings at his home, to talk about my homework sexual relationship began during these meetings, and Paul requested that it remained hidden to avoid repercussions against the student just wasn\u2019t sure what the policies were,\u201d the student said. \u201cHe told me that the best thing to do would be to keep it a secret, because while there\u2019s no policy about student-professor relationships on campus, they\u2019re generally frowned upon.\u201d In correspondence on Jan. 11, Early gave a statement on behalf of Washburn that included the faculty handbook outlines for what would warrant disciplinary action, but there was no policy specifically covering sexual relations between faculty and students. The statement also specified policy on a faculty member\u2019s right to appeal investigation rulings if that faculty member resigns. \u201cThe reasons for major disciplinary action involving a faculty or staff member are noted in the university bylaws as \u2018demonstrated incompetence or dishonesty in teaching or research, substantial and manifest neglect of duty, personal conduct which substantially impairs the individual\u2019s fulfillment of his/her university responsibilities, engaging in or substantially contributing to actions materially disruptive to the effective operations of the university, substantial falsification of credentials, or violation of other faculty, staff, or student\u2019s civil rights,\u2019\u201d Early said. \u201cIn the case of full time faculty, there is a right of appeal to a five-member faculty appeals board with the final decision being made by the Board of Regents. Someone who resigns from the university has waived that right of appeal.\u201d However, in the Jan. 23 email where Early confirmed Paul\u2019s resignation he specified policy on sexual relations \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f Paul s resignation, he specified policy on sexual relations between faculty and students. \u201cAs a general principle can tell you that an inappropriate relationship with a student would be a violation of the faculty and staff code of conduct and would be grounds for disciplinary action up to and including dismissal,\u201d Early said. Beyond policy, the student also said Paul implied that discovery of their relationship would negatively impact her academic career. \u201cHe said that given that I\u2019d taken so many classes with him, that if anyone found out about us, that it would cause all of this scrutiny to befall my grades, and could potentially have my degrees revoked,\u201d the student said. \u201cAt one point, he said that even if people did find out, they may not believe [me] anyway.\u201d The student believes he coerced other students with similar reasons into staying silent about any encounters they had. Studies have suggested student-teacher sexual relationships are more common nationwide than most think. According to CollegeStats.org, in a survey of 2,000 current and former students, \u201c14 percent said they had had inappropriate relations with a professor.\u201d Of those 14 percent, 45.5 percent reported that the encounters were initiated by the teacher or faculty member, while 33.45 percent said the student initiated it. Only 3.6 percent said they engaged in the encounter for better grades. As the student allegedly involved with Paul continued at Washburn into the next semester, she said sexual contact began occurring on campus in his office had office hours with him, because was enrolled in independent work with him,\u201d the student said. \u201cIt was wildly inappropriate, what took place in that office understood that it was inappropriate and that it shouldn\u2019t have been taking place, but at the same time there was never a point that initiated that contact in his office.\u201d \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f Following the student\u2019s graduation, she said Paul\u2019s interest in her dwindled. This was followed by him sending an email to break up with her had begun to wonder if it wasn\u2019t actually me that he loved, but that he loved the idea of being with a student,\u201d the student said. \u201cOnce was no longer his student, that explained why he had lost interest in me. When my role changed had begun to wonder if was actually being exploited.\u201d According to the student, the relationship was briefly rekindled as Paul approached her to request she work on a project with him. During this time, the student said communicating with Paul became difficult and one-sided, to the point where she felt she had to try and confront him in one of his classrooms. \u201cIt was the third or fourth time that he had cancelled on me,\u201d the student said. \u201cMy hope was to grab him after class and figure out what was going on sat through the entirety of the class and waited until all of these students had exited the room.\u201d Based on the student feeling she had to go as far as to confront Paul in a classroom when he was avoiding her, and Blank\u2019s referral to Paul as a \u201cpredator\u201d on Nov. 30 when she approached him as detailed in the Review\u2019s online article \u201cDetails emerge on classroom confrontation,\u201d it is possible that Paul had been avoiding Blank in a similar way as he had the student, and in both cases, they felt they had no other choice in order to talk to him about similar issues. During this confrontation in class, the student alleges he terminated the relationship again. In the weeks following, while the student had little contact with Paul, she encountered another student by coincidence who Paul claimed he had a brief sexual relationship with took that opportunity to ask her about how her relationship with Dr. Paul had gone,\u201d the student said wanted to know what her impressions of him were, and \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f she seemed confused.\u201d This second student said that Paul tried to initiate a sexual relationship with her, but she told him no and Paul stopped communicating with her. The second student later reported to the student that she had discovered Paul was involved long-term with another faculty member. According to the second student, the faculty member recognized a gift the second student received from Paul from his trip to Greece, and noting that her significant other had just returned from Greece, the faculty member identified this significant other as Paul to the second student. \u201cMy head exploded. At that point realized one, he pursues female students for sex, and then two, he cheats on his partners, and began to think of all the times he had cancelled on me,\u201d the student said. The student detailed the impact this situation has had on her to present found out that he had been having unprotected sex with me and multiple other women, and learned that was not the first student that he had done this to,\u201d the student said. \u201cTwo separate therapists have said that am exhibiting symptoms of rape have no idea what my future is going to be can\u2019t imagine continuing my education after this experience.\u201d Paul did not return requests for comment. Looking now to the present, sociology major Abby Price said that the Washburn Sociology Department is trying to cope with Paul\u2019s disappearance in a positive manner had been working on an undergraduate research project with Dr. Paul as my faculty advisor, and have had a couple faculty members reach out to me and offer to take me under their wing,\u201d Price said. \u201cThe whole department has been very supportive in the wake of this.\u201d Looking to the future, with the recent filed report of sexual misconduct and Paul\u2019s resignation from the university, the \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f student expressed concern that Paul might utilize a position of power to set up more scenarios for sexual relationships with students at another university. \u201cThe thought terrifies me, and the fact that he was able to resign over having been terminated really troubles me,\u201d the student said worry that what\u2019s happened at Washburn won\u2019t affect his teaching record, and he can absolutely perpetuate these kinds of abuses in other universities. It is no longer about me, but it is about anybody else that he had potentially done this to, and anybody else that he was trying to do it to.\u201d The student, with the above concern in mind, gave this message to any students that may ever face a similar situation. \u201cIt\u2019s never easy to have something negative to say about somebody that you learn under, and look up to, and is in a position of power over you. But unless people come forward, things will never get better.\u201d john paul patrick early sexual misconduct sharla blank sociology Donate to The Washburn Review $295 $500 Contributed Our Goal Donate Leave a Comment Your donation will support the student journalists of Washburn University. Your contribution will allow us to purchase equipment and cover our annual website hosting costs. \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f \u00a9 2025 Pro WordPress Theme by \u2022 Log in The Washburn Review Established 1885 \uf39e \uf16d \ue61b \ue07b\uf1be Enter Search Term \uf002 1700 College Ave. Topeka 66604 Phone: 785-670-2506 Email: wureview@gmail.com Hours: by appointment, contact Regina Cassell at regina.cassell@washburn.edu About Archives Student Media Staff \uf086 \uf164 \uf39e \ue61b \uf0e0 \uf02f"} |
7,526 | Arnold J. Levine | Rockefeller University | [
"7526_101.pdf"
] | {"7526_101.pdf": "Rockefeller University Latest Search Oct. 30, 2024 Why a Wealthy University Is Selling 2 of Its Paintings Rockefeller University will auction off two works by Joan Mitchell, an Abstract Expressionist painter. They could sell for $32 million. July 23, 2021 Purnell Choppin, 91, Dies; Researcher Laid Groundwork for Pandemic Fight He explored how viruses multiply. An accomplished administrator, he also turned the Howard Hughes Medical Institute into a global biomedical powerhouse. April 13, 2021 Could the Pandemic Prompt an \u2018Epidemic of Loss\u2019 of Women in the Sciences? Even before the pandemic, many female scientists felt unsupported in their fields. Now, some are hitting a breaking point. Aug. 15, 2019 Hundreds of Child Sexual Abuse Lawsuits Flood N.Y. Courts Wednesday was the first day in a one-year window allowing victims of child sexual abuse to file lawsuits, regardless of their age. Dec. 11, 2018 Geckos Can Run on Water 2/17/25, 3:02 Rockefeller University - The New York Times 1/18 small lizard is among the elite group of animals that race across the surface of water. Nov. 19, 2018 11 Why Are We Still So Fat? Only bariatric surgery reliably leads to long-term weight loss. Now scientists hope to duplicate the effects with a pill. Leer en espa\u00f1ol Oct. 18, 2018 An Esteemed Doctor, Child Sexual Abuse Claims and a Hospital That Knew for Years Rockefeller University Hospital said it had credible evidence going back to 2004 of inappropriate behavior by a research doctor who treated children. July 26, 2018 Worker Ants: You Could Have Been Queens Whether an ant becomes a worker or colony royalty may depend on insulin metabolism. June 15, 2016 Rockefeller University Starts Its Expansion Over a Busy Highway The Manhattan school began installing a structure that will straddle the Franklin D. Roosevelt Drive and add two acres to the campus. 2/17/25, 3:02 Rockefeller University - The New York Times 2/18 April 4, 2016 Nothing Smells Rotten in Leslie B. Vosshall\u2019s Compost Pail The Rockefeller University molecular neurobiologist believes all smells are great, even those from her decomposing food. Feb. 5, 2016 New Stanford President Has Biotech Connection Marc Tessier-Lavigne, who will leave Rockefeller University to lead Stanford University, has also worked as an executive in the biotech industry, Sept. 21, 2015 Cori Bargmann Puts Her Mind to How the Brain Works For a neurobiologist at Rockefeller University, a mission to help lead a president\u2019s initiative starts with a search for the needed tools. July 27, 2014 Peter Marler, Graphic Decoder of Birdsong, Dies at 86 Dr. Marler showed that certain songbirds not only learned their songs, but also learned to sing in a dialect peculiar to the region in which they were born. May 8, 2014 Council Committee Approves Expansion by Rockefeller University The school received approval on Thursday from a City Council committee for an expansion that would include building a platform over Franklin D. Roosevelt Drive. March 4, 2014 Injections Providing Protection Against in Monkeys, Studies Find Versions of already approved drugs kept the monkeys infection-free for weeks, and researchers hope that a dose every three months could work in humans. 2/17/25, 3:02 Rockefeller University - The New York Times 3/18 Aug. 8, 2013 Along the F.D.R. Drive, a Cliffhanger for a Darkly Romantic Wall Rockefeller University proposes enlarging its campus by building another deck over the roadway. Oct. 5, 2011 \u2018Wonderful and Horrible\u2019 News of a Nobel Prize The Day: For Rockefeller University, there was never a Nobel like its 24th, awarded for achievement in medicine to Dr. Ralph M. Steinman, who had died of pancreatic cancer not 72 hours earlier. Also, what City Room is reading in other papers and blogs. July 21, 2011 Young Sleuths\u2019 Last Target: Sushi. This Time: Tea. Three students at Manhattan\u2019s Trinity School were part of a research team that discovered that many herbal teas contain unlisted ingredients. April 25, 2011 Passion for Nature, and Really Long Lists An environmental researcher has so far started four major international programs to survey the planet and catalog its biological diversity. Sept. 8, 2010 Genentech Scientist to Lead Rockefeller University Marc Tessier-Lavigne will be the first to leave Genentech\u2019s top scientific ranks since its acquisition by Roche in March 2009. 2/17/25, 3:02 Rockefeller University - The New York Times 4/18 Dec. 26, 2009 With Testing, Students Learn What\u2019s What in Their Neighborhood Two students collected 217 samples they encountered daily and found mislabeled food and at least one surprise: hot dogs actually made of beef. March 6, 2008 Frederick Seitz, Physicist Who Led Skeptics of Global Warming, Dies at 96 Mr. Seitz, a renowned physicist who led both the National Academy of Sciences and Rockefeller University, became a prominent skeptic on the issue of global warming. Sept. 22, 2006 Donation of $100 Million To Promote Cancer Research Starr Foundation pledges $100 million for cancer research to Memorial Sloan-Kettering Cancer Center, Rockefeller University and Weill Cornell Medical College in New York City and Cold Spring Harbor Laboratory on Long Island and Broad Institute in Massachusetts (M) Aug. 29, 2006 How a Vaccine Search Ended in Triumph Vaccine approved by Food and Drug Administration for prevention of cancer-causing human papillomavirus was developed over many decades of research; Dr Richard Shope of Rockefeller University made first discovery in 1930's while examining rabbits that had grown horn-like protrusions; those abnormalities were verified in 1980's by German researcher Dr Harald zur Hausen as papalloma infections; other milestones of research described; photos (M) June 9, 2005 Turning 90, a Rockefeller Gives the Presents David Rockefeller, the last surviving grandchild of John D. Rockefeller, is about to turn 90, and he has been in a generous mood lately. In April, he pledged a $100 million bequest to the Museum of Modern Art, as well as $5 million a year while he was still alive. Yesterday he announced a similar package for Rockefeller University, whose chickens, pigs and other research animals fascinated him when he visited as a young boy with his father. Dec. 7, 2004 G\u00dcNTER 2/17/25, 3:02 Rockefeller University - The New York Times 5/18 Here's the Nobel. Now Explain It to Your Grandmother. Interview with Nobel prize winning biologist Dr Gunter Blobel of Rockefeller University in Manhattan; he discusses contribution of $1 million in prize money to Friends of Dresden, group dedicated to rebuilding synagogue destroyed by Nazi's in 1938 shortly after Blobel visited; describes his discovery of how proteins move within cells of living things; photo (M) Nov. 22, 2004 Building a Medical Data Network Panel of experts gathers at Rockefeller University under sponsorship of to discuss need to bring patient records and prescriptions into electronic age; participants say digital patient records could not only reduce administrative costs and medical errors, but also become building blocks in nationwide biomedical computer network for assembling and distributing up-to-the-minute epidemiological studies to doctors; say network would also provide basis for far more efficient markets in health care and would have potential to shake up both pharmaceutical and health insurance industries; drawing (M) Aug. 31, 2004 STEBBINS; Using X-Ray Vision, He Keeps His Eye on the Bacteria Interview with Dr Erec Stebbins, Rockefeller University Laboratory of Structural Microbiology head, who discusses his work identifying bacterial proteins that cause disease; has identified 10 proteins and specializes in salmonella; describes laboratory and process called X-ray crystallography, which helps him identify protein structures; photos (M) June 8, 2004 DIFFER; The Fat Epidemic: He Says It's an Illusion Dr Jeffrey Friedman, Rockefeller University obesity researcher, explains why he disagrees with prevailing viewpoint that Americans are getting fatter; holds that numbers have been massaged to create concern, which he feels is unfounded; contends that body weight is genetically determined and that although free will can allow some people to lose weight for short term, eventually person will gain weight back; discovered leptin, which influences weight; photo (M) Nov. 11, 2003 VOICES; Sir Paul M. Nurse 2/17/25, 3:02 Rockefeller University - The New York Times 6/18 Rockefeller University president Sir Paul Nurse stresses importance of improving dialogue between scientific community and public to preserve right to research; photo (S) Nov. 10, 2003 4 Highest-Paid University Presidents Top $800,000 a Year Chronicle of Higher Education reports four private universities paid their presidents over $800,000 last fiscal year, with era of million-dollar college presidents fast approaching; 27 presidents earned at least $500,000; Rensselaer Polytechnic Institute president Shirley Ann Jackson was highest paid, getting $891,400 in pay and benefits and over $500,000 more for serving on corporate boards; three other top payers are Vanderbilt University, University of Pennsylvania and Rockefeller University; presidential compensation at highest-payers has risen at least twice as much as faculty pay over last five years; table of highest-paid presidents (M) May 13, 2003 NURSE; New Rockefeller Chief Discovered Lessons of Life in a Cell of Yeast Interview with Sir Paul Nurse, soon to be president of Rockefeller University (New York), highlights his achievements in area of yeast cell research and his personal dedication to excellence in science; Nurse, Nobel laureate, knighted in 1990's, and current head of Cancer Research U.K., favors unrestricted stem cell research for therapeutic cloning; photo (M) Jan. 25, 2003 Nobel Winner (and Hang Glider) Will Take Over at Rockefeller University Rockefeller University announces naming of Nobel Prize-winning biologist Sir Paul Nurse as new president; photo (M) Jan. 8, 2003 Mayor Says New York Is Worth the Cost Mayor Bloomberg, taking aim at notion that New York City's high costs discourage business growth, asserts that city is a luxury product and that businesses should be willing to pay more to operate here, speech to audience of corporate, cultural, government and labor leaders attending economic conference, Rockefeller University; contends city needs to act like private company and strengthen its brand to market itself better to those businesses that can afford it; photo (M) Dec. 17, 2002 The Heavy Cost Of Chronic Stress 2/17/25, 3:02 Rockefeller University - The New York Times 7/18 Article on physiological and psychological impact of chronic or severe stress; describes research indicating that problems associated with stress result from complicated interraction between outside demands and body's capacity to manage potential threats; Rockefeller University researcher Bruce McEwen says prolonged or severe stress can weaken immune system, strain heart and damage brain's memory cells; photos; diagram (L) Nov. 27, 2002 Stem Cell Mixing May Form Human-Mouse Hybrid Group of American and Canadian biologists are debating whether to recommend stem cell experiments that would involve creating human-mouse hybrid for purpose of testing different lines of human embryonic stem cells for their quality and potential usefulness in treating specific diseases; proposal grew out of meeting sponsored by New York Academy of Sciences and Rockefeller University and organized by Rockefeller biologist Dr Ali Brivanlou; he invited Dr James Battey Jr, who heads stem cell task force at National Institutes of Health, and editors of scientific journals as observers; he and other experts comment, interviews (M) Nov. 24, 2002 Following Up column notes that Mark Rudd, leader of student rebellion at Columbia University during 1960's, is now 55 and living in Albuquerqe, NM, where he teaches mathematics at Albuquerque Technical Vocational Institute; photo; Arnold Levine, who abruptly resigned as president of Rockefeller University in February after admitting he behaved inappropriately with 21-year-old female student after both had been drinking, has become visiting professor of molecular biology at Institute for Advanced Study in Princeton; photo (M) Oct. 27, 2002 Private Sector; Novice Author, Longtime Benefactor Party at Rockefeller University celebrates publication of Memoirs, first book by David Rockefeller; photo (M) Aug. 22, 2002 Anthrax Study May Yield Test And a Remedy Biologists at Rockefeller Univ develop novel agent that could help detect anthrax attack and serve as antidote to the deadly disease; report findings in latest issue of journal Nature; Rockefeller scientists, whose work is financed by Defense Advanced Research Projects Agency, say important feature of agent is that it attacks only anthrax and rare strain of closely related bacterium; say much research remains before it could be used as drug (M) 2/17/25, 3:02 Rockefeller University - The New York Times 8/18 Aug. 1, 2002 Guardhouse to Make Deep Thinkers Think Twice Pentagonal guardhouse with canopy on tilted stilts is added to geometry of Rockefeller University, which also has spherical auditorium and parabolic atrium; photos (S) Feb. 14, 2002 Behavior Forced Rockefeller U. Head to Resign, Trustees Say People close to Rockefeller University trustees board say Dr Arnold Levine had to resign as university president after trustees verified that he behaved inappropriately in public with female graduate student after both had been drinking; photo (M). Feb. 12, 2002 Rockefeller Researcher Chosen As University's Acting President Rockefeller University trustees name Dr Thomas Sakmar acting president as they try to rebuild confidence following resignation of Arnold Levine (S) Feb. 11, 2002 Amid Inquiry, President of Rockefeller U. Resigns Dr Arnold Levine resigns as Rockefeller University president, reportedly in wake of inquiry by school's trustees into encounter he had with adult female student in campus lounge after both had had too much to drink; he will remain faculty member and research laboratory director, but will take time off; photo (M) June 20, 2001 On 100th Anniversary, a University Feels Reinvigorated Article discusses Rockefeller University on occasion of its 100th anniversary; photo (M) April 27, 2001 Scientists Report 2 Major Advances in Stem-Cell Research Scientists report two major advances in concept of using embryonic cells to regenerate human tissues; results are expected to sharpen clash between advocates of biomedical research and opponents of abortion; Bush administration is reviewing Clinton administration's proposal to let government-financed scientists proceed with research; in one report, biologists at National Institutes of Health use mouse embryonic stem cells to generate insulin-producing organs resembling islets of pancreas, feat that holds promise for treating Type 1 diabetes, known as juvenile diabetes; in other report, Rockefeller University biologists prove in principle, though only in mice, strange concept known as 2/17/25, 3:02 Rockefeller University - The New York Times 9/18 therapeutic cloning, in which ordinary skin cell from patient is converted into embryo and its cells used to repair any desired tissue of patient's body; in this study, stem cells morphed into dopamine-producing cells of brain that are lost in Parkinson's disease; embryo is destroyed in process; both studies are published in journal Science; photo (M) Feb. 25, 2001 Streetscapes/Rockefeller University, 62nd to 68th Streets Along the East River; From a Child's Death Came a Medical Institute's Birth Streetscapes article on Rockefeller University, revered medical institute with campus near East River from 62d to 68th Streets in Manhattan; it has had three building campaigns, and as it prepares to celebrate its centennial year, it continues to grow; photos (M) Feb. 13, 2001 Music and Science Meet on a Piano Bench Amateur pianists who work in science, mathematics and medicine perform at Rockefeller University and take part in panel discussion on cognitive link between music and science; discussion is led by Michael Kimmelman, chief Times art critics and gifted amateur pianist; photo (M) Oct. 10, 2000 3 Share Nobel Prize in Medicine for Studies of the Brain Three biologists who have made important contributions to understanding neuronal workings of the brain are awarded Nobel Prize in Physiology or Medicine; recipients are Dr Arvid Carlsson of University of Gothenberg in Sweden and two New Yorkers, Dr Eric Kandel of Columbia University and Dr Paul Greengard of Rockefeller University; photos (M) June 27, 2000 3 Research Institutions to Form a Joint Biology Study Center Three large New York research institutions will form $160 million biology research center, paid for in part with donation from an anonymous patron; program, venture by Memorial Sloan-Kettering Cancer Center, Rockefeller University and Weill Medical College of Cornell University, described (M) March 17, 2000 Bard College Will Borrow Rockefeller U. Professors to Teach Science Bard College, which primarily teaches liberal arts to undergraduates, says that it will begin borrowing science professors from Rockefeller University and will also send its students to Rockefeller to take classes (M) 2/17/25, 3:02 Rockefeller University - The New York Times 10/18 Dec. 12, 1999 POSTINGS: Rockefeller University's Campus Bridge Over East 63rd Street; An Engineering and Legal Feat New York City's newest bridge links north and south ends of Rockefeller University campus at 63d Street; complex engineering explained; photo (S) Oct. 12, 1999 Rockefeller U. Biologist Wins Nobel Prize for Protein Cell Research Dr Gunter Blobel, cellular and molecular biologist at Rockefeller University, wins 1999 Nobel Prize in Medicine for discovering mechanisms that proteins use to find their correct locations within cell; is donating most of $960,000 in prize money to Friends of Dresden, independent American group that supports restoration of Dresden's artistic and architectural legacy; it is 20th Nobel Prize awarded to scientists associated with Rockefeller University; diagram; photo (M) Sept. 22, 1998 Archeologists seeking elusive remains of Fort Caltsop, winter quarters of Lewis and Clark expedition in 1805-06, are looking for camp's privies, analyzing soil at site, near Astoria on Oregon coast; Science magazine report states ancient peat bog in Switzerland's Jura Mountains shows increase in atmospheric lead levels because of human activity begun 6,000 years ago; researchers with NASA's Mars Global Surveyor project report dust on Martian moon Phobos has been kicked up for millions, not thousands, of years; dust was formed by long-term bombardment of meteorites; reserchers from Rockefeller University and National Institute of Child Health and Human Development determine three- dimensional structure of enzyme that makes some bacteria resistant to certain family of antibiotics; scientists can now try to design drug that would thwart enzyme (M) July 1, 1998 Princeton Cancer Expert Is New Rockefeller U. President Rockefeller University names Dr Arthur Levine president, succeeding Dr Torsten Wiesel, who is stepping down to concentrate on research; photo (M) May 14, 1997 Nobelist and Researcher Is Named President of Caltech Dr David Baltimore researcher who won Nobel Prize in 1975 for his work in virology and was later caught up in science-fraud scandal that, though unfounded, cost him presidency of Rockefeller University, is named president of California Institute of Technology (M) 2/17/25, 3:02 Rockefeller University - The New York Times 11/18 Feb. 13, 1997 Top Piano Competition Is Embracing the Basics With Live Performance Prestigious Van Cliburn International Piano Competition invites applicants to perform at recital halls around the world, where an itinerant jury listens along with an audience; five men and women have been holed up since Feb 8 in Caspary Auditorium at Rockefeller University in Manhattan, listening to seven pianists a day perform 40-minute recital programs; auditions are open and free to the public; photo (L) Nov. 24, 1996 At Rockefeller U., If There Are Pickets, It Must Be Friday Protesters organized by In Defense of Animals picket Rockefeller University every Friday; take particular aim at Victor Wilson and Alan Miller, who have been using cats for 30- year research project on equilibrium (M) Oct. 7, 1996 With winter a whisper away, the question is how much vitamin should a person take each day? Roc Ordman receives patent for vitamin supplement of 500 milligrams taken twice a day; Ordman says his research showed that dosage was amount body can best absorb and retain; Neose Technologies Inc and Rockefeller University receive patent for method of producing enzymes used to string chains of carbohydrates together to add to food or administer as drugs and bolster immune system; Andrew Dibner receives patent for device that answers phone and diverts call to answering machine or fax before bell chimes (M) June 22, 1996 Noted Finding of Science Fraud Is Overturned by a Federal Panel In the conclusion to one of the most celebrated investigations of alleged scientific misconduct in the United States, a Federal appeals board yesterday rejected findings that a scientist faked data a decade ago in a report signed by a leading Nobel laureate. The appeals panel was highly critical of the Government's Office of Research Integrity, which had found that the scientist, Dr. Thereza Imanishi-Kari, now of Tufts University, was guilty of misconduct. 2/17/25, 3:02 Rockefeller University - The New York Times 12/18 June 6, 1996 What Men Won't Discuss: Their Health age is a time when a man's body becomes vulnerable -- to prostate cancer, heart disease, hypertension, weight gain, impotence and depression. And while health-care experts do not agree on whether these changes constitute an inevitable midlife crisis, or male menopause, there is one thing on which they do agree: men aren't talking about it much with anyone, even with their doctors or with their partners. They may not be as strong as they once were, but they're still just as silent. Nov. 21, 1995 Under Stress, Immune Cells Rush To Skin to Repel Microbe Invaders knows stress is bad for you. It weakens the immune system. It increases your susceptibility to infections and diseases like cancer. Drugs that exert their effects on the body's natural stress hormones are medicinal sledgehammers: they may help your arthritis, but they make you feel like Wile E. Coyote after a bad day with the Roadrunner. But it now turns out that stress has been handed a bum rap, mostly by scientists who study diseases, death genes and other aspects of biological doom. As with most complex systems, there is another side to the story. Under certain conditions, say two neuroscientists from Rockefeller University in New York, a stressful experience can marshal immune cells to travel to distant parts of the body, ready to do battle with any foreign agent trying to breach the defenses. July 27, 1995 Researchers have discovered what they hope will be a magic bullet for obesity, or at least the forerunner of major new therapies: a hormone that makes overweight animals rapidly lose body fat. The hormone is particularly impressive because it can make even lean animals shed almost all of what little fat they have. The finding, which will be published tomorrow in three papers in the journal Science, has been greeted with great enthusiasm by scientists who see it as presenting a powerful new approach to treating obesity. June 15, 1995 Almost everywhere he has gone in the last month has been greeted with a refrain of \"Happy Birthday\" or a birthday cake. The patriarch of the Rockefeller family turned 80 on Monday and everyone, it seems, has wanted to wish him well. Some friends made presentations at meetings of the numerous organizations with which Mr. Rockefeller is involved; others gave parties. May 2, 1995 Study Tracks Psoriasis Symptoms To Activation of Immune System 2/17/25, 3:02 Rockefeller University - The New York Times 13/18 than five million Americans suffer from psoriasis, a disfiguring skin disease that can cause a lifetime of suffering and in some severe cases may lead patients to becoming social recluses. But though the symptoms are clear -- rough, red, scaly lesions that can cause the skin to grow so that it is five to 10 times its normal thickness at the site of a lesion -- the cause of the disease has been a puzzle. About 10 years ago, most dermatologists considered psoriasis a disease of skin cells, a growth abnormality that made these cells proliferate and form lesions. March 9, 1995 Metabolism Found to Adjust For a Body's Natural Weight In a new study that helps explain one of the givens of obesity -- that the body has a weight that it naturally gravitates to -- researchers have found that all people, fat or thin, adjust their metabolism to maintain that weight. The body burns calories more slowly than normal after weight is lost, and faster than normal when weight is gained, the study found. This means it is harder both to lose and, perhaps surprising to some, to gain weight than to maintain the same level. In the study, researchers found that in volunteers who gained weight, metabolism was speeded up by 10 percent to 15 percent, and in those who lost weight, metabolism was 10 percent to 15 percent slower than normal. The volunteers, both female and male, ranged in age from their 20's to their 40's, but the effect on metabolism was independent of age and sex. Feb. 5, 1995 Long Island Q&A;: Jeffrey M. Friedman; Finding the Gene That Makes Mice, and Maybe Others, Fat Dec. 1, Dr. Jeffrey M. Friedman published an article in the journal Nature announcing that he and his team of researchers at the Rockefeller University in Manhattan had cloned an obesity gene in mice and its human counterpart. For the 1 in 3 Americans considered obese, and the rest of the weight-conscious world, the notion that obesity might be a genetic trait was tantalizing, so much so that it catapulted Dr. Friedman onto front pages, magazine covers and news programs. At Rockefeller, Dr. Friedman is head of the laboratory of molecular genetics as well as an associate professor and an associate investigator for the Howard Hughes Medical Institute. Dec. 1, 1994 Lending mighty support to the theory that obese people are not made but, rather, born that way, scientists have discovered a genetic mutation that is thought to be responsible for at least some types of obesity. The mutation is believed to disrupt the body's energy metabolism and appetite control center, the mechanism that tells the brain one has eaten enough and has sufficient fat stores to meet the demands of the day. Without a working hormonal signal for fullness, or satiety, a person might continue to overeat even when extreme corpulence threatens health and ego. 2/17/25, 3:02 Rockefeller University - The New York Times 14/18 July 27, 1994 At Rockefeller U. Lab, a Death-Threat Mystery disgruntled scientist orchestrated a bizarre series of minor acts of sabotage last month at Rockefeller University and wrote threatening letters about two colleagues, apparently out of \"professional jealousy,\" a police official said yesterday. No one has been charged, though the police say they think they know who put a potentially deadly chemical in some sugar set out for coffee breaks, started a fire in a closet and wrote letters containing death threats against two molecular biologists. May 27, 1994 Alzheimer's To Be Focus Of New Effort major private center for research into Alzheimer's disease will be established at Rockefeller University in Manhattan to refocus the nation's efforts against the debilitating condition, scientists and philanthropists said today. Zachary Fisher, a prominent figure in the real estate and construction industries, and David Rockefeller, the executive committee chairman of Rockefeller University's board of trustees, said they would together donate $5 million to establish a major center that would combine basic research with clinical treatment of Alzheimer's. May 8, 1994 SIDE; Giants of Health Cast Larger Nets Across East Side The Upper East Side, home to a world-renowned cluster of hospitals, medical schools, doctors' offices and nursing homes, has become a testing ground for America's growing, changing health-care industry. Vivid symbols of growth are jutting out over the F.D.R. Drive, where Rockefeller University recently completed an addition and two hospitals are building additions, including a 12-story wing that is part of a $842 million renovation and expansion of New York Hospital-Cornell Medical Center. Not to be outdone, Mount Sinai, which completed a 362-bed pavilion in 1992, is working on a $200 million research wing on Madison Avenue. Feb. 2, 1994 Happy birthday, DNA: yesterday was the 50th anniversary of the publication of the paper that proved genes are comprised of material called deoxyribonucleic acid. It was celebrated in low-key fashion yesterday afternoon at the site of the discovery, the sixth floor of the Rockefeller University Hospital, on York Avenue. 2/17/25, 3:02 Rockefeller University - The New York Times 15/18 Jan. 25, 1994 Canary Chicks: Not All Created Equal canaries defy the truism that all baby animals are cute. Born just 14 hours earlier and each weighing hardly more than an aspirin tablet, the three little birds now balled together in a nest are extravagantly repellent, squirming grubs of flesh and fuzz that look less avian than larval. They seem too feeble to be taken seriously, yet simulate the arrival of a parent canary with a puff of air and they start behaving as young birds should: lifting their heads, opening their microbeaks and begging for dinner. \"If they don't do this, if they fail to open their mouths, they will not get fed,\" said Dr. Hubert Schwabl, a behavioral ecologist at the Rockefeller University Field Research Center here. \"If they don't beg, their parents will ignore them and they will die.\" Jan. 18, 1994 New Drug May Prevent Jaundice in Newborns a development that may lead to prevention of most neonatal jaundice, researchers at the Rockefeller University in New York have developed a preventive drug that could eventually be given to all newborns. Jaundice, the most commonly treated medical condition in newborns, occurs when bilirubin, a toxic yellow pigment, is produced faster than an infant's liver can remove it from the bloodstream, causing the skin to appear yellow. In severe cases, the buildup of bilirubin can cause damage to the brain and central nervous system. June 11, 1993 COMMENCEMENT; Scientists Honored At Rockefeller U. Rockefeller University awarded 19 doctoral degrees yesterday at the school's 35th commencement exercises, which were held in the Caspary auditorium on the campus on York Avenue in Manhattan. Oct. 7, 1992 Rockefeller U. Opens New Research Center After the ribbon was cut on a new $100 million research center at Rockefeller University, a group of young scientists and students in white laboratory coats were invited to enter ahead of waiting dignitaries. The significance of the gesture was not lost on many of the people who attended the ceremony recently inaugurating the John D. Rockefeller Jr. and David Rockefeller Research Building. The university, with its new 14-story research center, is giving high visibility to a new generation of scientists in an effort to maintain its pre- eminence in research. June 19, 1992 2/17/25, 3:02 Rockefeller University - The New York Times 16/18 Page 1 of 10 COMMENCEMENT; 20 Ph.D.'s at Rockefeller U. Rockefeller University awarded 20 Ph.D. degrees yesterday at the school's 34th commencement ceremonies , in the Caspary auditorium on the campus on York Avenue in Manhattan. In keeping with university tradition, there were no commencement speakers, but a professor-mentor of each graduate spoke for five minutes discussing the significance of the degree recipient's research before presenting the degree. May 19, 1992 Embattled Biologist Will Return to a brief but tumultuous stint as president of Rockefeller University in Manhattan, a post that he resigned last November when outrage over his role in a fraudulent scientific paper grew too fractious to bear, Dr. David Baltimore is returning to the place of his greatest professional triumphs, the Massachusetts Institute of Technology. Dr. Baltimore, a Nobel laureate who is considered one of the nation's most outstanding biologists, will remain as a research biologist at Rockefeller until the spring of 1994, when he will join the M.I.T. faculty as a professor, the Cambridge institute announced yesterday. Feb. 21, 1992 Acting President of Rockefeller U. to Stay at Least 3 More Years Seeking to nurture the sense of calm that has settled over the campus since its besieged president resigned last fall, Rockefeller University in Manhattan has appointed its acting president, Dr. Torsten Wiesel, to remain in the office for at least three more years. In November, Dr. Wiesel took over the university from Dr. David Baltimore, who had been caught up in a ferocious debate over his role in a scientific paper containing data found to be fraudulent. Feb. 19, 1992 The worlds of art and science will meet this evening at an unusual book party at Rockefeller University to introduce RATLIFF's new book \"Paul Signac and Color in Neo-Impressionism.\" This work, being published by Rockefeller University Press after 12 years of research and writing, is a study of divisionism, the artistic technique behind Neo-Impressionism. Dr. Ratliff, professor emeritus of biophysics and physiological psychology at Rockefeller, will also make a slide presentation on \"The Theory of Color and the Practice of the Artist.\" Feb. 9, 1992 An Inborn Vulnerability to Depression called it an \"evil spirit from God\" and was relieved only by hearing David play his harp. Winston Churchill characterized it as \"the black dog\" and found relief in bourbon. 2/17/25, 3:02 Rockefeller University - The New York Times 17/18 1 2 3 4 5 6 7 8 9 10 2/17/25, 3:02 Rockefeller University - The New York Times 18/18"} |
7,417 | Joseph Demko | Luzerne County Community College | [
"7417_101.pdf",
"7417_102.pdf"
] | {"7417_101.pdf": "Demko v. Luzerne County Community College, 113 F. Supp. 2d 722 (M.D. Pa. 2000) U.S. District Court for the Middle District of Pennsylvania - 113 F. Supp. 2d 722 (M.D. Pa. 2000) September 18, 2000 113 F. Supp. 2d 722 (2000) Joseph DEMKO, Plaintiff, v COLLEGE, Defendant. No. 3:CV-98-0495. United States District Court, M.D. Pennsylvania. September 18, 2000. *723 *724 *725 Al Flora, Jr., Wilkes-Barre, PA, for Joseph Demko. Alexia Kita Blake, Hourigan Kluger Spohrer, Scranton, PA, Paul K. Paterson, Scranton, PA, for Luzerne County Community College VANASKIE, Chief Judge. 2/17/25, 3:02 Demko v. Luzerne County Community College, 113 F. Supp. 2d 722 (M.D. Pa. 2000) :: Justia 1/21 On March 25, 1998, the plaintiff, Joseph Demko, brought this action against the defendant, Luzerne County Community College (\"LCCC\" or \"the College\"), under 42 U.S.C. \u00a7 1983, for alleged violations of civil rights and under state law for breach of contract. (Dkt. Entry 1 employed Demko in its Financial Aid Department, and the complaint arises from the circumstances of LCCC's discharge of Demko from his position. Demko's complaint contains two counts. Demko's first count alleges that denied him due process related to both property and liberty interests when it discharged him. The second count alleges that breached a contract between it and Demko that Demko maintains restrained from discharging him without \"just cause.\" Currently pending are summary judgment motions from both parties. All the issues have been briefed and are ripe for decision. Because did not have statutory authority to enter into a non-at-will employment contract with Demko, the alleged contract was void ab initio. As such it did not entitle Demko to any property interest in his continued employment with LCCC. Because Demko had no property interest in his job, he was not entitled to a hearing in connection with the decision to fire him. Accordingly, LCCC's motion for summary judgment on Demko's claim for a deprivation of property rights without due process will be granted, and Demko's motion on that issue will be denied. Because the contract was void ab initio, the contract is unenforceable. Accordingly, LCCC's motion for summary judgment on the pendent state law claim for breach of contract will be granted, and Demko's motion will be denied. Because made public allegations of sexual harassment against Demko at the time of his dismissal, Demko had a liberty interest in clearing his good name and reputation that required the College to afford Demko due process in connection with the decision to fire him. Because the College afforded Demko an adequate opportunity to be heard before he was fired, and state law accorded Demko a full panoply of post-termination procedural rights, the requirements of due process were satisfied in this case. Accordingly, the College's motion for summary judgment on Demko's claim of deprivation of a liberty *726 interest without due process will be granted, and Demko's motion will be denied 2/17/25, 3:02 Demko v. Luzerne County Community College, 113 F. Supp. 2d 722 (M.D. Pa. 2000) :: Justia 2/21 Demko worked at the College, in various capacities, from November 1974 until his discharge in November 1997. (Statement of Material Facts to which the Def. Contends there is no Material Dispute, Dkt. Entry 29 at \u00b6\u00b6 5-7.) In November of 1991, he was named Financial Aid Officer of LCCC. As an administrator of LCCC, Demko had executed an employment agreement with on an annual basis. On September 29, 1997, Demko signed a \"Professional Employment Contract\" with that covered the period October 1, 1997 through September 30, 1998. (Id., \u00b6 5 and Ex. 2.) This agreement provided that Demko would \"perform the duties assigned to [the Financial Aid Director] in keeping with the general operational policies of [LCCC] and the policies, rules and regulations adopted by the Board of Trustees of [LCCC].\" (Id.) The phrase, \"policies adopted by the Board of Trustees,\" encompassed LCCC's personnel policy manual applicable to administrators such as Demko. (Pl.'s Statement of Material Facts, Dkt. Entry 39 at \u00b6 11.) The personnel policy manual stipulated that \"[e]mployees may be terminated or suspended for just cause,\" and that \"[s]uch discharge should be completed in conjunction with all due process and contractual rights entitled to by the employee.\" (Id. at \u00b6 12.) The personnel policy manual, however, did not specify the \"due process and contractual rights\" to which an employee was entitled. (Larson Dep., Ex. 2 to Pl.'s Statement of Material Facts, Dkt. Entry 40 at 13.) At the time that Demko executed the Professional Employment Contract covering the period October 1, 1997 through September 30, 1998, he was on \"probation\" on account of a complaint made by Barbara Brody, a female subordinate of Demko who charged Demko with using vulgar language and creating a hostile work environment. (Pl.'s Statement of Material Facts in Opp'n To Def.'s Summ. J. Mot., Dkt. Entry 48 at \u00b6 1.) Brody began work as a clerk in the Financial Aid Department in 1994. (Demko Dep., Dkt. Entry 31.) Sometime prior to April of 1995, Brody complained to College administrators that Demko had sexually harassed her. (Id. at 34.) On April 3, 1995, Demko met with Susan Merkle, Associate Dean of Human Resources, Thomas Leary, Dean of Admissions and Student Affairs, and Ann Williams, Dean of Community Services and Continuing Education. (Id. at 32.) At this meeting, Demko and the College administrators discussed the complaints that Brody had made. (Id. at 34.) The administrators gave Demko the opportunity to respond to Brody's complaints. (Id. at 39.) Demko generally denied the allegations of sexual harassment, but he did not deny that he had used vulgar language in the Financial Aid Department. (Id. at 35.) Shortly after the meeting of April 3, 1995, Demko received a letter from Leary in which Leary explained that the College concluded that Demko had \"made remarks to Ms. Brody that had sexual or demeaning implications.\" (Id. at 40 & Ex. 3.) The letter also stated that Demko must attend seminars \"dealing with issues on Management Skills and Harassment ....\" (Id.) The letter further informed Demko that he had the right to \"exercise the option of a formal hearing.\" Finally, the letter concluded that \"[a] repetition [1] 2/17/25, 3:02 Demko v. Luzerne County Community College, 113 F. Supp. 2d 722 (M.D. Pa. 2000) :: Justia 3/21 of the behavior cited in this communication may result in termination of services by [LCCC].\" (Id.) On May 8, 1997, Demko again met with Leary. They discussed Demko's continued use of vulgar language and the amount of time he spent counseling students. (Id. at 54.) At this meeting, Demko admitted that he continued to use vulgar language \"periodically.\" (Id. at 56.) Leary gave *727 Demko the opportunity to respond to issues that the two discussed at this meeting. (Id. at 58-59.) Shortly thereafter, Demko received a letter in which Leary summarized their May 8, 1997 meeting. (Id. at 59 & Ex 4.) The letter \"strongly advise[d]\" Demko that \"[v]ulgarity and profanity will not be tolerated,\" and that Leary would \"not hesitate to initiate the process of termination if progress is not immediately made ....\" (Id. at Ex. 4.) In May of 1997, Brody again complained to administrators that Demko used vulgar language and created a hostile work environment in the Financial Aid Department. (Pl.'s Statement of Material Disputed Facts in Opp'n to Def.'s Mot. for Summ. J., Dkt. Entry 48 at \u00b6 1.) On June 9, 1997, the College placed Demko on probation, and he was again informed that he must \"attend training seminars relative to issues on management skills and sensitivity.\" (Dkt. Entry 31 at 63 & Ex. 5.) Demko's probationary period extended through December 19, 1997, at the conclusion of which was to \"render a decision relative to the probation status.\" (Id.) On October 28, 1997, Brody filed a complaint of sexual harassment with the Pennsylvania Human Relations Commission (\"PHRC\"). (Dkt. Entry 48 at \u00b6 2.) On November 5, 1997, Demko met with Leary and Merkle, and they discussed the complaint that Brody had filed. (Dkt. Entry 31 at 66.) Merkle gave Demko a copy of Brody's complaint. (Id.) At this meeting, Demko was put on paid administrative leave, and Leary suggested that Demko should retain counsel. (Id. at 68-70.) Merkle conducted an investigation into the Brody complaint, interviewing four of the five full-time employees in the Financial Aid Department. The fifth person, Brody, refused to be interviewed on advice of counsel. (Dkt. Entry 29 at \u00b6 25.) On November 12, 1997, Demko met with Merkle to discuss the Brody complaint. (Dkt. Entry 31 at 72.) At this meeting, Demko had the opportunity to respond to Merkle's questions and to offer any information relative to Brody's complaint. (Id. at 76-77.) Merkle made the determination that Demko continued to use vulgar language after the College put him on probation on June 8, 1997. (Dkt. Entry 29 at \u00b6 24.) Further, Merkle 2/17/25, 3:02 Demko v. Luzerne County Community College, 113 F. Supp. 2d 722 (M.D. Pa. 2000) :: Justia 4/21 concluded that a hostile work environment existed in the Financial Aid Department. (Id. at \u00b6 31.) On November 24, 1997, Demko met with Merkle and Jon Larson, President of the College. (Dkt. Entry 31 at 167 and Larson Dep., Dkt. Entry 35 at 65-70.) At that meeting, Larson gave Demko a letter stating that the College was discharging Demko for \"continued inappropriate conduct.\" (Dkt. Entry 31 at 167.) On December 4, 1997, counsel for Demko requested a \"formal due process hearing to challenge the termination of his employment.\" (Dkt. Entry 29 at Ex 6.) On January 19, 1998, counsel for the College confirmed that the College \"[did] not intend to offer [Demko] any post-termination hearing.\" (Id. at Ex. 7.) On March 25, 1998, Demko brought suit in this Court A. Summary Judgment Standard court should grant summary judgment when \"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 ... the moving party is entitled to a judgment as a matter of law.\" Fed.R.Civ.P. 56(c fact is \"material\" if proof of its existence or non- existence might affect the outcome of the suit under the applicable law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S. Ct. 2505, 91 L. Ed. 2d 202 (1986). \" [S]ummary judgment will not lie if the dispute about a material fact is `genuine,' that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.\" Id. Initially, the moving party must show the absence of a genuine issue concerning *728 any material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 329, 106 S. Ct. 2548, 91 L. Ed. 2d 265 (1986). All doubts as to the existence of a genuine issue of material fact must be resolved against the moving party, and the entire record must be examined in the light most favorable to the nonmoving party. Continental Ins. Co. v. Bodie, 682 F.2d 436, 438 (3d Cir. 1982). Once the moving party has satisfied its burden, the nonmoving party \"must present affirmative evidence in order to defeat a properly supported motion for summary judgment.\" Anderson, 477 U.S. at 256-57, 106 S. Ct. 2505. The affirmative evidence must 2/17/25, 3:02 Demko v. Luzerne County Community College, 113 F. Supp. 2d 722 (M.D. Pa. 2000) :: Justia 5/21 consist of verified or documented materials. Mere conclusive allegations or denials taken from the pleadings are insufficient to withstand a motion for summary judgment once the moving party has presented evidentiary materials. Schoch v. First Fidelity Bancorporation, 912 F.2d 654, 657 (3d Cir.1990); see also Hampton v. Borough of Tinton Falls Police Dep't, 98 F.3d 107, 112 (3d Cir.1996) (\"In order to defeat `a properly supported summary judgment motion, the party opposing it must present sufficient evidence for a reasonable jury to find in its favor.'\" (quoting Groman v. Township of Manalapan, 47 F.3d 628, 633 (3d Cir.1995))); Orson, Inc. v. Miramax Film Corp., 79 F.3d 1358, 1366 (3d Cir.1996) (\"If the movant meets this burden, then the opponent ... must counter with specific facts which demonstrate that there exists a genuine issue for trial.\"). Rule 56(e) requires the entry of summary judgment, after adequate time for discovery, when a party \"fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial.\" Celotex, 477 U.S. at 322, 106 S. Ct. 2548; see also Orson, 79 F.3d at 1366. The Third Circuit recently summarized the burden of the nonmoving party: [I]f a moving party satisfies its initial burden of proving a prima facie case for summary judgment, the opposing party \"must do more than simply show that there is some metaphysical doubt as to material facts.\" Rather, \"[t]here must be sufficient evidence for a jury to return a verdict in favor of the non-moving party; if the evidence is merely colorable or not significantly probative, summary judgment should be granted.\" Boyle v. County of Allegheny, 139 F.3d 386, 393 (3d Cir.1998) (citations omitted). B. Demko's Property Interest in his Job To have a property interest in a governmental position, a person must \"have a legitimate claim of entitlement to it.\" Board of Regents v. Roth, 408 U.S. 564, 577, 92 S. Ct. 2701, 33 L. Ed. 2d 548 (1972). \"Property interests are not created by the Constitution, `they are created and their dimensions are defined by existing rules or understandings that stem from an independent source such as state law ....'\" Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 538, 105 S. Ct. 1487, 84 L. Ed. 2d 494 (1985) (quoting Roth, supra). Courts have recognized that a \"for-cause\" termination provision in an enforceable 2/17/25, 3:02 Demko v. Luzerne County Community College, 113 F. Supp. 2d 722 (M.D. Pa. 2000) :: Justia 6/21 employment agreement or statute may establish a protected property interest. See Linan- Faye Constr. Co. v. Housing Auth. of City of Camden, 49 F.3d 915, 932 (3d Cir.1995); Sanguigni v. Pittsburgh Bd. of Public Educ., 968 F.2d 393, 401 (3d Cir.1992); Unger v. Nat'l Residents Matching Program, 928 F.2d 1392, 1399 (3d Cir.1991). Demko contends that he was a party to a valid one-year contract for the period of October 1, 1997 to September 30, 1998. (Pl.'s Br. in Supp. of his Mot. for Summ. J. and in Opp'n to Def.'s Mot. for Summ. J., Dkt. Entry 47 at 1 & Dkt. Entry 31 at Ex. 2.) The contract in question reads accept this assignment on the conditions listed above and will perform the duties assigned to said position in keeping with the general operational policies of the College and the policies, rules and regulations adopted by the Board of Trustees ....\" *729 (Dkt. Entry 31 at Ex. 2.) Demko argues that the contract explicitly incorporated policies set forth in the College's personnel policy manual that guarantee that the College would not discharge employees without \"just cause.\" (Id.) The College refutes the validity of the contract, citing Shoemaker v. City of Lock Haven, 906 F. Supp. 230 (M.D.Pa.1995) (McClure, J.), for the proposition that a written contract is unenforceable if the contracting public entity lacked the authority to enter into the contract. The College argues that the enabling legislation for community colleges lacks the explicit authority for the College to enter into such contracts and that Demko's contract was therefore \"neither valid [nor] enforceable.\" (Def.'s Br. in Supp. of Mot. for Summ. J., Dkt. Entry 30 at 6.) Demko argues that three separate pieces of legislation authorize community colleges to enter into employment contracts that are not terminable at will: the Public School Employees Retirement Code, 24 Pa. Stat. Ann. \u00a7 8180 et seq.; the Pennsylvania Public School Code, 24 Pa. Stat. Ann. \u00a7 19-1901 et seq., in conjunction with regulations of the State Board of Education, 22 Pa.Code \u00a7 35.11(c); and the Pennsylvania Employees Relations Act (\"PERA\"), specifically, 43 Pa. Stat. \u00a7 1101.301(19). (Dkt. Entry 47 at 11-13.) The College relies on Shoemaker, arguing that the legislation that Demko cites does not satisfy the requirement that a public entity's enabling statute explicitly grant the entity the authority to contract with its employees in contravention of employment-at-will. In Shoemaker, the court considered a contract between a Third Class City and its Chief of Police. Id. at 235. The city had entered into a contract with the Chief, agreeing that the city would not remove him for a probationary period of six months without \"just cause.\" Id. at 233. The court found that such an agreement would create a property interest if the city had the authority to enter into such a contract. Id. at 233. However, Shoemaker went on to 2/17/25, 3:02 Demko v. Luzerne County Community College, 113 F. Supp. 2d 722 (M.D. Pa. 2000) :: Justia 7/21 hold that the city lacked, ab initio, the authority to enter into such a contract, and that the contract in question was therefore void. Id. at 236. The court scrutinized the city's enabling legislation, 53 Pa. Cons.Stat. Ann. \u00a7\u00a7 41101-41625, and held that the language provided only general powers powers that were inadequate to authorize the city to enter into a contract for a time certain with the Chief of Police. Id. In so holding, Shoemaker principally relied on Scott v. Philadelphia Parking Auth., 402 Pa. 151, 166 A.2d 278 (1960), and Cooley v. Pennsylvania Hous. Fin. Agency, 830 F.2d 469 (3d Cir.1987). See also Pivarnik v. Commonwealth, 82 Pa.Cmwlth. 42, 45, 474 A.2d 732 (1984) (\"In Pennsylvania, public employees gain an enforceable expectation of continued employment in their jobs through legislative action.\"); Stumpp v. Stroudsburg Mun. Auth., 540 Pa. 391, 658 A.2d 333, 334 (1995). Scott, like the case sub judice, involved a written contract between a public entity and an employee. The court in Scott described the issue confronting it as follows: We are asked to determine the validity of a contract which gives an appointed employee of a public authority a tenure for a period of three years at a fixed salary. The primary issue as we see it is not, as the parties have argued, whether the instant contract is unenforceable as an attempt to bind the succeeding members of the Authority, but whether the making of the contract in the first place was beyond the power of the Authority and hence initially invalid. Id. at 280. The court held that the Authority did not have such power. Hence, the contract was unenforceable. Stumpp also addressed a contract between a public entity and one of its employees, and held: As an initial matter, the Authority simply does not have the power under law to enter into contracts of employment *730 that contract away the right of summary dismissal, since the power to confer tenure must be expressly set forth in the enabling legislation. Scott v. Philadelphia Parking Authority, 402 Pa. 151, 166 A.2d 278 (1960); Bolduc v. Board of Supervisors, 152 Pa.Cmwlth. 248, 618 A.2d 1188 (1992), appeal denied, 533 Pa. 662, 625 A.2d 1195 (1993). 2/17/25, 3:02 Demko v. Luzerne County Community College, 113 F. Supp. 2d 722 (M.D. Pa. 2000) :: Justia 8/21 658 A.2d at 334. Stumpp, a 1995 case, went on to explicitly reaffirm the 1960 Scott decision: \"This holding has not been abrogated by either this Court or by the legislature. Appellee presents no case law that refutes the explicit holding of this case.\" Id. at 335. In Cooley, the Third Circuit also addressed the legislative authority for a public entity, the Pennsylvania Housing Finance Agency, to enter into employment contracts. Id. at 473. However, Cooley, unlike Scott, did not involve a written contract; rather it involved the employee's claims that the agency's employee handbook had created certain property interests. Id. at 472. Our Court of Appeals held that in the absence of a specific grant of legislative authority for the public entity to enter into employment contracts that are not terminable at will, the handbook could not support the plaintiff's claim to a property interest. The court explained: [W]e do not find the requisite legislative mandate within the enabling statute to bestow a right upon the agency to enter into employment contracts with its employees. Therefore, Cooley's claim that the contents of the manual embody this contract is void ab initio as no power to contract exists. Id. at 473. See also Verney v. Pennsylvania Turnpike Comm'n, 903 F. Supp. 826, 835 (M.D.Pa.1995) (Caldwell, J.) (\"In applying the holdings of Scott and Stumpp to the facts of this case, Defendants argue that the statute ... does not grant the Commission the power to contract for a term of employment. Thus, Defendants contend the Commission does not have the power to create an implied in fact contract, and we agree.\"); Banks v. Redevelopment Auth. of Philadelphia, 416 F. Supp. 72, 72-73 (E.D.Pa.1976), aff'd, 556 F.2d 564 (3d Cir.), cert. denied, 434 U.S. 929, 98 S. Ct. 414, 54 L. Ed. 2d 288 (1977) (\"Pennsylvania law does not allow a state agency to create tenure unless the legislature specifically grants the agency the power to do so. Mahoney v. Philadelphia Housing Authority, 13 Pa.Cmwlth. 243, 320 A.2d 459 (1974), cert. denied, 419 U.S. 1122, 95 S. Ct. 806, 42 L. Ed. 2d 822 (1975).\"). Scott, Cooley, and their progeny make it clear that for a public employee to claim a property interest in employment in Pennsylvania, the agency must have the specific authority to create that interest. Accordingly, the enabling legislation for community colleges must be examined. The establishment and operation of community colleges within the Commonwealth of Pennsylvania is authorized by 24 Pa. Stat. Ann. \u00a7 19-1901 et seq. Section 19-1905 [2] 2/17/25, 3:02 Demko v. Luzerne County Community College, 113 F. Supp. 2d 722 (M.D. Pa. 2000) :: Justia 9/21 delineates the power and duties of the board of trustees of a community college. Subsection (a) of \u00a7 19-1905-A, in pertinent part, authorizes the board: (1) To appoint and fix the salary of a president .... (5) To make policies providing for the admission and expulsion of students, the courses of instruction, the tuition and fees to be charged and for all matters related to the government and administration of the college .... (8) To exercise such other powers and perform such other duties as are necessary to carry into effect the purposes of this act. Demko argues that the College's authority under (a) (5) \"necessitates the hiring of qualified personnel as part of a broad based educational scheme.\" (Dkt. Entry *731 47 at 12.) Scott considered similarly broad enabling legislation: Under its enabling legislation, Act of June 5, 1947, supra, the Authority is granted \"all powers necessary or convenient for the carrying out of the aforesaid purposes\" including the power \"... (7) To appoint officers, agents, employees and servants; to prescribe their duties and to fix their compensation;\" and the power \"... (10) To make contracts of every name and nature, and to execute all instruments necessary or convenient for the carrying on of its business.\" \u00a7 5, 53 P.S. \u00a7 345. Id. at 280 (omissions in original). The court interpreted this language to empower the public entity \"to appoint officers, employees and agents and to fix their compensation, not to enter into contracts of employment.\" Id. at 282 (emphasis in original). The language that Scott considered is as broad, if not broader, than the enabling language for LCCC. Nevertheless, Scott held that the legislation did not authorize the public entity to enter into employment contracts for a time certain. The enabling language in Cooley was equally broad; the legislation in question allowed the public entity: 2/17/25, 3:02 Demko v. Luzerne County Community College, 113 F. Supp. 2d 722 (M.D. Pa. 2000) :: Justia 10/21 (3) To enter into contracts of all kinds and to execute all instruments necessary or convenient for carrying on its operations. * * * * * * (14) Employ an executive director and other officers, agents, [employees], professional and business advisors as may from time to time be necessary in its judgment and to fix their compensation; and to promote and discharge such officers, [employees], and agents. * * * * * * (17) To do all things necessary if convenient to carry out the powers granted by this act or other acts. 35 Pa.C.S.A. \u00a7 1680.205. Id. at 472 (omissions in original). Despite this broad language, the Third Circuit found that \"these grants of power did not give the Redevelopment Authority the ability to create regulations which altered dismissal at will, the traditional Pennsylvania rule regarding public employees not holding specified tenured positions.\" Id. Demko cites Northampton County Area Community College v. Dow Chem., U.S.A., 389 Pa.Super. 11, 24, 566 A.2d 591 (1989), for the proposition that community colleges are independent of municipalities and authorities. (Dkt. Entry 47 at 11.) Demko argues that the College need not have express authority to enter into contracts because \"it is neither a municipality nor [an] authority.\" (Id.) Northampton addressed issues unrelated to those sub judice the court addressed nullum tempus and the related doctrine of sovereign immunity. Only in that context did the *732 court find that community colleges are independent of their sponsors. In the context of a public entity's authority to enter into employment contracts, such a label is irrelevant. [3] [4] 2/17/25, 3:02 Demko v. Luzerne County Community College, 113 F. Supp. 2d 722 (M.D. Pa. 2000) :: Justia 11/21 Neither Scott nor Cooley made such a distinction when they applied the rule that the authority to alter employment-at-will must be express. The plaintiff in Scott worked for the \"Philadelphia Parking Authority\" which was not a state agency, but the court applied the reasoning of a prior case which dealt with a state agency employee, noting that the reasoning of the prior case was \"applicable in general ....\" Id. at 280. Cooley, on the other hand, involved a state agency, the Pennsylvania Housing Finance Agency. Id. at 470. The reasoning of these precedents does not turn on the status of the agency, but instead turns on the content of the enabling legislation. In this case, the community college enabling legislation does not authorize the College to alter the employment-at-will status of administrators such as Demko. Demko next cites the Public School Employees' Retirement Code (\"PSERC\"), 24 Pa. Cons.Stat. Ann. \u00a7 8101 et seq., as authority for the College to enter into a contract for a time certain. (Dkt. Entry 47 at 12.) Neither the statute, nor the case on which Demko relies, Newport Township v. Margalis, 110 Pa.Cmwlth. 611, 532 A.2d 1263 (1987), is applicable to the issues sub judice. Nowhere in is there language that explicitly authorizes an agency to enter into a contract for a time certain with its employees. Further, Margalis does not even address PSERC, but addresses public employee retirement benefits in general. Demko also argues that the Pennsylvania Employee Relations Act (\"PERA\") provides the statutory authority for the College to enter into a contract for a time certain. (Dkt. Entry 47 at 13.) He cites Curry v. Pennsylvania Turnpike Comm'n, 843 F. Supp. 988, 990 (E.D.Pa.1994), in support of this argument. While it is true that Curry addressed the authority of a public entity to enter into contracts with \"collective bargaining\" units under PERA, id. at 991, it is undisputed that Demko was not a member of a union. Furthermore, the fact that Demko may have been a \"first-level supervisor,\" as that term is defined in PERA, with whom was required to \"meet and discuss\" on matters deemed bargainable for other public employees covered by does not mean that his contract was covered by PERA. Demko has not presented any facts that support an inference that his agreement was part of an administrator compensation *733 plan covering first-level supervisors. Accordingly affords no predicate for recognition of a property interest here. As stated in Shoemaker, 906 F.Supp. at 235 ... deals exclusively and specifically with the right of public employers to enter into collective bargaining agreements, the right of public employees to organize, etc. See 43 P.S. \u00a7 1101.101. No collective bargaining agreement or related issue is raised here.\" [5] [6] 2/17/25, 3:02 Demko v. Luzerne County Community College, 113 F. Supp. 2d 722 (M.D. Pa. 2000) :: Justia 12/21 Scott and Cooley are clear: the statutory language authorizing employment contracts must be explicit court may not infer the legislature's intent from a statute that is on the fringe of the issue. The statute must forthrightly confer the right to contract with employees for a time certain or to abrogate the at-will employment doctrine. If it does not, then the public entity does not have the authority to do so plainly does not grant to the College the authority to establish non-at-will employment for a non-union employee. Demko claims that the yearly renewal of administrators' contracts was \"automatic\" and that it therefore created a \"de facto tenure.\" (Dkt. Entry 47 at 9.) This argument, of course, fails for the same reasons that Demko's express contract claim fails: the College did not have the authority to enter into a contract with Demko that was not terminable at will. Without the authority to enter into such contracts, the College could enter into neither an explicit nor an implicit, \"de facto,\" contract with Demko. Because the College did not have the authority to enter into a contract with Demko, he had no property interest in his employment. And because he had no property interest in his employment, Demko had no due process rights related to his continued employment. Cooley, 830 F.2d at 473 (\"We therefore hold that Cooley is devoid of any proprietary interest in his employment which would afford him the protections of the due process clause.\"). Accordingly, summary judgment in favor of the College on Demko's deprivation of property claim is appropriate. Count Two of Demko's complaint is a pendent state breach of contract claim. For the reasons stated above, that claim must be denied. The College did not have authority to enter into the contract, and it is therefore unenforceable. Accordingly will grant the College's motion for summary judgment as it relates to that claim. C. Demko's Liberty Interest in his Reputation \"In a Constitution for a free people, there can be no doubt that the meaning of `liberty' must be broad indeed.\" Roth, 408 U.S. at 572, 92 S. Ct. 2701 (citing Bolling v. Sharpe, 347 U.S. 497, 499-500, *734 74 S. Ct. 693, 98 L. Ed. 884; and Stanley v. Illinois, 405 U.S. 645, 92 S. Ct. 1208, 31 L.Ed.2d 551). \"[W]here a person's good name, reputation, honor, or integrity is at stake because of what the government is doing to him, notice and an opportunity to be heard are essential.\" Roth, 408 U.S. at 573, 92 S. Ct. 2701 (quoting Wisconsin v. Constantineau, 400 U.S. 433, 437, 91 S. Ct. 507, 27 L. Ed. 2d 515 (1971)). See also Goss v. Lopez, 419 U.S. 565, 574, 95 S. Ct. 729, 42 L. Ed. 2d 725 (1975) (holding that [7] 2/17/25, 3:02 Demko v. Luzerne County Community College, 113 F. Supp. 2d 722 (M.D. Pa. 2000) :: Justia 13/21 future employment rights may be liberty interests). The fact that Demko did not have a property interest in his employment is not fatal to his deprivation of liberty claim. Brady v. Gebbie, 859 F.2d 1543, 1553 (9th Cir.1988), cert. denied, 489 U.S. 1100, 109 S. Ct. 1577, 103 L. Ed. 2d 943 (1989); Melo v. Hafer, No. 89-2685, 1992 396816, *3, 1992 U.S. Dist 19540 at *13 (E.D.Pa. Dec. 22, 1992) (\"[F]ailure to prevail on a property claim does not bar a properly asserted liberty claim.\"). In the employment context, courts frequently address a deprivation of liberty in terms of stigma. \"[T]he hearing required where a nontenured employee has been stigmatized in the course of a decision to terminate his employment is solely \"to provide the person an opportunity to clear his name.\"\" Codd v. Velger, 429 U.S. 624, 627, 97 S. Ct. 882, 51 L. Ed. 2d 92 (1977). As recognized in Melo, 1992 396816 at *3, 1992 U.S. Dist 19540 at *12, \"the opportunity for a name-clearing hearing must be afforded.\" In this case, the College effectively published a statement that Demko had been fired for sexual harassment. Clearly, being labeled a sexual harasser is stigmatizing. Demko adamantly denied the charge. Under these circumstances, Demko's firing implicated a liberty interest in his reputation such that he was entitled to an opportunity to clear his name. The College argues that the published statement surrounding Demko's discharge were not false. (Dkt. Entry 50 at 2.) This argument misses the mark. The question is not whether the published statement was accurate, but whether Demko contested the accuracy of the charge of sexual harassment. Only if the employee does not challenge the substantial truth of the publicized basis for his or her firing is an opportunity to clear one's name obviated. See Codd, 429 U.S. at 627, 97 S. Ct. 882. In short, the College's dissemination of the reasons for Demko's discharge implicated a liberty interest. Under these circumstances, he was entitled to an opportunity to be heard before he was fired and the press release issued. See Wallin v. Minnesota Dept. of Corrections, 153 F.3d 681, 690 n. 9 (8th Cir.1998), cert. denied, 526 U.S. 1004, 119 S. Ct. 1141, 143 L. Ed. 2d 209 (1999 pre-deprivation hearing that satisfies the requirements of Loudermill is adequate. Wallin, 153 F.3d at 690 n. 9. Loudermill concluded that \"all the process that is due is provided by a pretermination opportunity to respond coupled with post-termination administrative [or judicial] procedures ....\" 470 U.S. at 547-48, 105 S. Ct. 1487. Demko does not dispute that Loudermill establishes the parameters for a pre-termination hearing. He does dispute, however, the adequacy of the process afforded him. 2/17/25, 3:02 Demko v. Luzerne County Community College, 113 F. Supp. 2d 722 (M.D. Pa. 2000) :: Justia 14/21 In Scarnati v. Washington, 599 F. Supp. 1554 (M.D.Pa.), aff'd, 772 F.2d 896 (3d Cir.1985), cert. denied, 474 U.S. 1056, 106 S. Ct. 795, 88 L. Ed. 2d 772 (1986), the Veterans Administration (\"VA\") discharged a non-tenured physician. The plaintiff contended that his firing for incompetence stigmatized him in his profession. Id. at 1557. After holding that the plaintiff had no property interest in his job, the court considered his liberty interest claim, and held that pre-termination hearings were sufficient process to protect that interest. The court first held that Scarnati had himself published the facts surrounding his dismissal, but went on to hold that even if the had infringed on Scarnati's liberty *735 interest, the provided all the process required when \"the plaintiff ... appeared before the [board] twice and had ample notice of the charges being considered, as well as the opportunity to counter them.\" Id. at 1559. Scarnati also contended that the violated his due process rights because \"he had never seen three of the twelve exhibits presented to the [board]\" that were complaints about his job performance. Id. at 1558. The court held that \"plaintiff was not entitled to copies of all material reviewed by the [board].\" Id. at 1559. Demko offers a similar, but even less convincing argument. He argues that the College administrators did not question him about each complaint related to the charges of sexual harassment. (Dkt. Entry 47 at 18.) Demko does not refute, however, that the administrators supplied him with a copy of the complaint on November 5, 1997. (Dkt. Entry 31 at 66.) Nor does he refute that at the November 12, 1997 meeting he had the opportunity to respond to Merkle's questions and to offer any additional information he wished Merkle to have. (Id. at 76-77.) Scarnati held that two pre-termination hearings before a three person board were sufficient to satisfy the plaintiff's due process rights to protect a liberty interest. Id. at 1559. In the case sub judice, the College afforded Demko two separate pre-termination meetings: on November 5 and 12, 1997. The length and subjects of these meetings varied, but they addressed the charges which resulted in the College's dismissal of Demko. Moreover, Demko had received a copy of the complaint seven days before his meeting with Ms. Merkle. At the time he knew he was on probation and that his employment was in jeopardy. While Ms. Merkle may not have asked him about every charge in the complaint, he certainly had an opportunity to respond to each charge. In McDaniels, the court held that the Loudermill requirements were met when the tenured professor had been told of the nature of the sexual harassment charges, was interviewed by College officials concerning those charges, and had an ample opportunity to supply information to the College between the time he was notified of the charges and his dismissal. 59 F.3d at 456-57. McDaniels compels the conclusion that Loudermill's pre- 2/17/25, 3:02 Demko v. Luzerne County Community College, 113 F. Supp. 2d 722 (M.D. Pa. 2000) :: Justia 15/21 termination requirements were met here. See also Gniotek v. City of Philadelphia, 808 F.2d 241, 244 (3d Cir.1986), cert. denied, 481 U.S. 1050, 107 S. Ct. 2183, 95 L. Ed. 2d 839 (1987) (due process satisfied when discharged employee given notice of charges sufficient to enable him \"to determine what facts, if any, within his knowledge might be presented in mitigation of or in denial of the charges\"). Demko insists that summary judgment is not warranted because he \"denied [the] allegations\" of sexual harassment. (Dkt. Entry 47 at 18.) Whether Demko refuted the charges is not the determinative issue court's inquiry is not whether the College made the correct decision, but whether the College afforded Demko the procedural due process that the Constitution guarantees. As the Supreme Court has noted, \"[t]he Due Process Clause of the Fourteenth Amendment is not a guarantee against incorrect or illadvised *736 personnel decisions.\" Bishop, 426 U.S. at 350, 96 S. Ct. 2074. Demko also claims a denial of due process because the College refused to give him a post- termination hearing. The Loudermill analysis contemplates adequate administrative or judicial post-deprivation procedures. The College asserts that Pennsylvania's Local Agency Law, 2 Pa. Cons.Stat. Ann. \u00a7\u00a7 751, et seq., governed the decision to fire Demko and provided adequate procedural protections. Demko disputes the applicability of the Local Agency Law. The Local Agency Law, in pertinent part, provides: No adjudication of a local agency shall be valid as to any party unless they shall have been afforded reasonable notice of a hearing and an opportunity to be heard. 2 Pa. Cons.Stat. Ann \u00a7 553. The Local Agency Law further provides a right to judicial review of any local agency \"adjudication.\" Id. at \u00a7 752. \"Adjudication\" is defined at 2 Pa. Cons.Stat. Ann. \u00a7 101, as: Any final order, decree, decision, determination or ruling by an agency affecting personal or property rights, privileges, immunities, duties, liabilities or obligations of any or all of the parties to the proceeding in which the adjudication is made. [8] [9] [10] 2/17/25, 3:02 Demko v. Luzerne County Community College, 113 F. Supp. 2d 722 (M.D. Pa. 2000) :: Justia 16/21 Demko asserts that the decision to fire him did not constitute an \"adjudication\" subject to the procedural safeguards of the Local Agency Law. Pennsylvania's Supreme Court has considered this issue and found that the removal of a government employee under circumstances that implicate a liberty interest satisfies the definition of a final adjudication even in a situation involving an at-will employee with no property rights in his job. In Pipkin v. Pennsylvania State Police, 548 Pa. 1, 693 A.2d 190, 194 n. 3 (1997), the court, differentiating between \"property\" and \"personal\" rights, held personal right or a privilege which will constitute an adjudication pursuant to Section 101 of the Administrative Law and Procedure Act will arise if the party claiming a privilege can establish either some right or privilege created by statute and characterized as such or some constitutionally protected right or privilege. (Emphasis added). See also Guthrie v. Borough of Wilkinsburg, 505 Pa. 249, 478 A.2d 1279, 1283 (1984) (\"[W]e must also examine whether the action of the Borough intruded upon any personal right, privilege or liberty interest ....\"). As noted above, Demko has a constitutionally protected liberty interest in his good name. Accordingly, the College's termination of Demko, coupled with the dissemination of the reasons for Demko's dismissal, constituted an \"adjudication\" under the Local Agency Law. Consequently, Demko had available to him the procedural rights afforded by that statute. *737 In McDaniels, our Court of Appeals held that the dismissal of a community college professor was an \"adjudication\" under the Local Agency Law and that the procedural protections provided in that law satisfied the due process clause. 59 F.3d at 460-61. McDaniels thus compels rejection of Demko's challenge to the absence of post-termination process. The fact that Demko was not accorded the hearing required by the Local Agency Law does not entitle him to seek relief under \u00a7 1983 for the denial of due process. As McDaniels recognized, it is enough if the state offered Demko sufficient process to protect his rights. In this regard, Demko had the right to avail himself of judicial review despite the absence of a hearing conducted by the College. Specifically, 2 Pa. Cons.Stat. Ann. \u00a7 754, in pertinent part, provides: [11] [12] 2/17/25, 3:02 Demko v. Luzerne County Community College, 113 F. Supp. 2d 722 (M.D. Pa. 2000) :: Justia 17/21 RECORD. In the event a full and complete record of the proceedings before the local agency was not made, the court may hear the appeal de novo, or may remand the proceedings to the agency for the purpose of making a full and complete record or for further disposition in accordance with the order of the court. The Pennsylvania courts have held that where the agency fails to accord the aggrieved party an opportunity to be heard, the aggrieved party is entitled to a remand to the agency for a hearing. See Turner v. Pennsylvania Pub. Util. Comm'n, 683 A.2d 942, 946-47 (Pa.Commw.1996); Foster v. Board of Sch. Directors of Keystone Oaks Sch. Dist., 678 A.2d 1214 (Pa. Commw.1996). Thus, the availability of state court review of the College's actions, whether or not Demko made use of that review, satisfied the requirements of the due process clause. Because state law accorded Demko due process protections in connection with the termination of his employment, the College's motion for summary judgment must be granted Because the enabling legislation that established the College did not contain explicit language that granted the College authority to enter into contracts for a time certain, Demko's one-year contract was void and unenforceable. Although Demko's discharge may have implicated a protected liberty interest, the undisputed facts show that he received an appropriate pre-termination opportunity to be heard, and state law afforded Demko post- termination procedural rights that satisfied the Fourteenth Amendment's due process clause. Because Demko received all the process the Constitution requires, and Demko does not have an enforceable contract, the College's motion for summary judgment will be granted and Demko's motion for summary judgment will be denied [1] There is no indication that Demko requested a formal hearing in connection with the matters raised in the April 3, 1995 letter. [2] Significantly, Demko relies, at least in part, on a personnel policy manual that he contends guaranteed that he would be dismissed only for \"just cause.\" Thus, Cooley is an especially pertinent precedent here. 2/17/25, 3:02 Demko v. Luzerne County Community College, 113 F. Supp. 2d 722 (M.D. Pa. 2000) :: Justia 18/21 [3] Perri v. Aytch, 724 F.2d 362 (3d Cir.1983), which held that a state court probationary employee had a property interest in her employment, is distinguishable because at issue in that case, and absent here, was the \"the importance of preserving the independence of the judiciary by allowing it to hire and fire its own employees free of interference from the other branches of government.\" Id. at 364. Thus, the legislature's explicit authorization to enter into employment contracts with court personnel for a fixed time period was not required as to the court employee in Perri. Significantly, the court in Perri acknowledged the general rule that \"administrative agencies in Pennsylvania do not have the power to grant tenure absent the legislature's permission to do so.\" Id. Also distinguishable is Abraham v. Pekarski, 537 F. Supp. 858 (E.D.Pa.1982), aff'd, 728 F.2d 167 (3d Cir.), cert. denied, 467 U.S. 1242, 104 S. Ct. 3513, 82 L. Ed. 2d 822 (1984), which found a city engineer had a property interest in his public employment because of the interplay of a Township ordinance prohibiting his removal \"without just cause\" and case law under the Local Agency Law, 2 Pa. Cons.Stat. Ann. \u00a7\u00a7 551, et seq., recognizing that the discharge of a public employee protected by such an ordinance constituted an adjudication of a property interest. No such legislative authorization is present here. Abraham is also distinguishable because it did not address whether the Township ordinance was beyond the authority of the Township's governing body. [4] Community colleges are \"local agencies\" for purposes of Pennsylvania's Local Agency Law. McDaniels v. Flick, 59 F.3d 446, 460-61 (3d Cir.1995), cert. denied, 516 U.S. 1146, 116 S. Ct. 1017, 134 L. Ed. 2d 97 (1996). [5] Demko argues that Small v. Juniata College, 452 Pa.Super. 410, 682 A.2d 350 (1996), stands for the proposition that \"just cause\" clauses can create property entitlements for employees. Earlier, however, he notes that he \"has not alleged that the personnel policies of the College, independent of his written contract, create an employment contract.\" (Dkt. Entry 47 at 10.) The \"just cause\" argument, however, sidesteps the holding of Scott and Cooley public entity must first have the authority to enter into an employment contract before it can offer limitations on discharge from that employment. In any event, Small involved a private institution. Demko also relies on Perry v. Sindermann, 408 U.S. 593, 92 S. Ct. 2694, 33 L. Ed. 2d 570 (1972), as support for the argument that the College created a tenure \"system in practice.\" (Dkt. Entry 47 at 10.) Perry is inapposite for a variety of reasons. Foremost is the fact that it addressed a college system in Texas. Here the issue is whether Pennsylvania law allows a public entity to contract with its employees for a time certain. Second, Perry relied, at least 2/17/25, 3:02 Demko v. Luzerne County Community College, 113 F. Supp. 2d 722 (M.D. Pa. 2000) :: Justia 19/21 to some extent, on the plaintiff's claims that the college had violated his First Amendment rights; here there is no such claim. Demko also cites Stana v. School Dist. of Pittsburgh, 775 F.2d 122 (3d Cir.1985), in support of his claims. That case, however, does not address the issue of a public entity's authority to contract with its employee, but rather the issue of an applicant's right to remain on an \"eligibility list.\" [6] Demko's reliance on Curley v. Board of Sch. Dir. of the Greater Johnstown Sch. Dist., 163 Pa.Cmwlth. 648, 641 A.2d 719 (1994), is misplaced. That case dealt with the effect of the \"meet and discuss\" provision in \u00a7 1164 of the Public School Code, 24 P.S. \u00a7 11-1164, and not with PERA's \"meet and discuss\" provision, 43 P.S. \u00a7 1101.704. The court in Curley noted that there were significant distinctions between those two statutes, with the latter imposing no requirements on public employees beyond meeting and discussing bargainable issues with non-union employees. [7] Demko does not argue equitable estoppel. Shoemaker noted some disagreement as to the application of equitable estoppel to the doctrine of employment-at-will in Pennsylvania. However, here, like in Shoemaker need not reach the issue. Demko has not alleged \"negligent misrepresentation of a material fact inducing [him] to act to his detriment,\" id. at 236-37, and accordingly he has no claim on that issue. It is noteworthy, however, that Stumpp, 540 Pa. 391, 658 A.2d 333 at 336, forthrightly addressed the issue of equitable estoppel in Pennsylvania, and held: [E]quitable estoppel has been affirmatively rejected by this Court as an exception to the at- will rule. In Paul v. Lankenau Hospital, 524 Pa. 90, 569 A.2d 346 (1990), we held that \" [t]he doctrine of equitable estoppel is not an exception to the employment at will doctrine. An employee may be discharged with o[r] without cause, and our law does not prohibit firing an employee for relying on an employer's promise.\" [8] The Supreme Court, in Bishop v. Wood, 426 U.S. 341, 350, 96 S. Ct. 2074, 48 L. Ed. 2d 684 (1976), noted: The federal court is not the appropriate forum in which to review the multitude of personnel decisions that are made daily by public agencies. We must accept the harsh fact that numerous individual mistakes are inevitable in the day-to-day administration of our affairs. The United States Constitution cannot feasibly be construed to require federal judicial review for every such error. In the absence of any claim that the public employer was motivated by a desire to curtail or to penalize the exercise of an employee's 2/17/25, 3:02 Demko v. Luzerne County Community College, 113 F. Supp. 2d 722 (M.D. Pa. 2000) :: Justia 20/21 constitutionally protected rights, we must presume that official action was regular and, if erroneous, can best be corrected in other ways. [9] In Loudermill, the Court noted that \"[a]lthough the Commission's decision was subject to judicial review in the state courts, Loudermill instead brought the present suit in Federal Court.\" Id. at 536, 105 S. Ct. 1487. The Court further held that \"the existence of post- termination procedures is relevant to the scope of pretermination procedures.\" Id. at 547, 105 S. Ct. 1487. The Court concluded that \"all the process that is due is provided by a pretermination opportunity to respond, coupled with post-termination administrative procedures as provided by the Ohio statute.\" Id. at 547-48, 105 S. Ct. 1487. [10] Section 752 provides: Any person aggrieved by an adjudication of a local agency who has a direct interest in such adjudication shall have the right to appeal therefrom to the court vested with jurisdiction of such appeals by or pursuant to Title 42 (relating to judiciary and judicial procedure). [11] See Paul v. Davis, 424 U.S. 693, 708-09, 96 S. Ct. 1155, 47 L. Ed. 2d 405 (1976), holding that stigmatizing publications can, when coupled with changes in property status, support a cause of action even when there is no underlying right in the property interest. [12] If Demko had a property interest in his employment, McDaniels would also compel rejection of his procedural due process claims. 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, 3:02 Demko v. Luzerne County Community College, 113 F. Supp. 2d 722 (M.D. Pa. 2000) :: Justia 21/21", "7417_102.pdf": "Mysterious Year Dark Secrets Were Unveiled, While Equally Puzzling Questions Arose For The Area In 1997. December 28, 1997 \ud83d\udd0a Listen to this Tired of ads? Subscribers enjoy a distraction-free reading experience. Click here to subscribe today or Login. Sunday, December 28, 1997 Page: 1A mysterious year Dark secrets were unveiled, while equally puzzling questions arose for the area in 1997Pair of murder cases captured headlines By Times Leader Staff Writer In the Wyoming Valley, 1997 was a year of mysteries solved. We learned Joann Curley really did kill her husband by putting rat poison in his iced tea. And former Montrose resident Stephen Scher was finally found guilty of killing his best friend 21 years ago. But just as quickly as mysteries were cast aside, new ones popped up. We began to question the integrity behind the Berwick Bulldogs\u2019 winning football team. Killer heroin flooded our streets, and we wondered how to stop the increasing drug use in our area. And as the Greater Nanticoke Area School District slipped deeper into debt, we brainstormed to find ways to save it from state takeover. In between, we managed to elect a new slate of officials. Among them, James Haggerty defeated incumbent Gary Reese to become mayor of Kingston. And Carolee Medico was elected Luzerne County prothonotary, becoming only the second Republican in that position since 1975. Michael Lombardo was elected Pittston\u2019s mayor, crushing Republican 2/17/25, 3:03 Mysterious Year Dark Secrets Were Unveiled, While Equally Puzzling Questions Arose For The Area In 1997. - Times Leader 1/8 challenger Emil Posluszny. Six-year Hazle Township supervisor Ed Dudeck won the Democratic nomination in the primary election, even though he died that day. It was a busy year, packed with good and bad news. Here\u2019s a closer look at some of those mysteries solved and new ones created: Widow pleaded guilty in husband\u2019s poisoning In the Curley case, wife Joann pleaded guilty in July to third-degree murder, six years after her husband Robert\u2019s death. Curley admitted she laced her husband\u2019s iced tea with rat poison at least a dozen times before he died in September 1991. She didn\u2019t want her husband to share the more than $1 million she received from lawsuits filed over the death of her first husband. Although the mystery had been solved, plenty of us criticized Luzerne County District Attorney Peter Paul Olszewski for offering Curley a plea bargain. By accepting it, Curley avoided trial on a first-degree murder charge and a possible death sentence. She\u2019s serving a 10- to 20-year sentence. We listened to captivating testimony from Stephen Scher in Susquehanna County during September and October. Much to our surprise, the North Carolina physician changed his story on the witness stand about the death of his best friend 21 years ago. Originally, Scher said Martin Dillon was chasing a porcupine when he tripped over his shoelaces and fell, causing his 16-gauge shotgun to discharge and kill him. But on the stand, Scher said the gun went off as he and Dillon struggled over it, blowing a hole in Dillon\u2019s heart. Scher testified he had just told his friend about the affair he was having with Dillon\u2019s wife, whom he married two years after the shooting. On Oct. 22, Scher was found guilty of first-degree murder within 30 minutes after the judge reassembled the jury panel for a second time to deliberate. An appeal has been filed. Football program still under the gun We still wonder what will happen with Berwick\u2019s latest state title officials temporarily disqualified the team and nullified its \ue809 2/17/25, 3:03 Mysterious Year Dark Secrets Were Unveiled, While Equally Puzzling Questions Arose For The Area In 1997. - Times Leader 2/8 victories because of a dispute about the eligibility of Gus Felder, a 19-year-old starter. The decision was overruled, but the Dawgs didn\u2019t let the brouhaha get them down. They captured their sixth state football championship this fall. The investigation is continuing after coach George Curry made statements that could indicate another player, Cody Hall, transferred to the school because of sports. Luzerne County Community College continued to make headlines as six women took their sexual harassment complaints to federal court. In July, the college agreed to a $900,000 settlement, bringing to a close allegations that first surfaced in 1995 against former President Donald Bronsard and other top administrators. In November, however, college officials took disciplinary action regarding allegations lodged by a female security guard. And in a separate case, the college fired financial aid officer Joseph Demko for alleged harassment. The college\u2019s tougher stance on sexual harassment seemed to be the result of a new president taking charge. In October, the trustees hired ~Jon Larson to replace Tom Moran, who died in April. Larson said his top goal was to re-establish trust at the troubled college so the staff could get on with the business of education. In the Greater Nanticoke Area School District, 1997 was fraught with bad blood and economic peril. In April, a state Department of Education report warned the district could go bankrupt and face a state takeover if spending was not curbed. The district followed some of the state report\u2019s proposals, closing the district pool, laying off and demoting some teachers and cutting funds spent on transportation and athletics. But the School Board ignored one of the report\u2019s main recommendations that it refrain from spending $1.3 million from a one-time tax windfall. The board voted in July to spend all of that contingency fund rather than raise taxes, arguing the district\u2019s teachers, the highest-paid in Luzerne County, should agree to contract changes to help the district. The teachers, most of whom are covered by a no-layoff clause under a contract that expires in August 1998, didn\u2019t agree. In May, district officials alleged teachers had received about $300,000 in improper raises and tuition reimbursements for taking videotaped college courses in violation of their contract.~ \ue809 2/17/25, 3:03 Mysterious Year Dark Secrets Were Unveiled, While Equally Puzzling Questions Arose For The Area In 1997. - Times Leader 3/8 Teachers union officials denied any wrongdoing, arguing the payments had been approved by the district. The case went to an arbitrator, who has yet to rule. We\u2019re still wondering what David Chipps of Wilkes-Barre meant in the cryptic letter he sent to Judge William J. Nealon in February am almost certain that you neo-Mafia scum heard that blast in Oklahoma City \u2026 it is just that you didn\u2019t hear it none-too-well. What you\u2019all heard, Nealon, was your future off in the distance,\u201d Chipps wrote. He fled to Canada on Aug. 4 to avoid going to trial for the letter, which some people interpreted as a thinly veiled threat. Having lost his bid to gain refugee status in Canada, Chipps will be deported sometime in \u201998 to the United States to face trial on charges he threatened to blow up a federal courthouse. Other mysteries of 1997: Dr. Frank Ruhl Peterson pleaded guilty in January to a charge of stealing painkillers from his patients at Hazleton-St. Joseph Medical Center from early 1996 to August 1996. In December, the Luzerne County district attorney said he will seek more prison time for Peterson, who is accused of using marijuana at a drug rehabilitation center. Hazleton Mayor Mike Marsicano shut down the city in January, furloughing non-essential city employees, in response to the city budget passed by council, which he deemed illegal. Luzerne County Chief Clerk/Administrator Gene Klein used what he called \u201ccreative budgeting\u201d to hide millions of tax dollars in the payroll budgets of county departments. He said the money makes up the county\u2019s \u201ccontingency fund.\u201d Pittston City Clerk Wil Toole dropped a bombshell when he submitted an overtime bill of $36,000 when he retired because of a disability. Lawyers are currently working on a deal that would slash Toole\u2019s the overtime check and his $37,000 pension. The Luzerne County District Attorney\u2019s office began investigating county employees\u2019 cell phone usage after rampant misuse was reported. The state Attorney General\u2019s office began investigating the county Emergency Management Agency in December. Workers allegedly violated state bidding laws and ethics codes for public officials and employees. \ue809 2/17/25, 3:03 Mysterious Year Dark Secrets Were Unveiled, While Equally Puzzling Questions Arose For The Area In 1997. - Times Leader 4/8 The Nanticoke City Council approved the first reading of an unbalanced 1998 budget in December. Without any new revenue streams or significant cuts, the proposed budget shows a $520,000 deficit. Fire killed 10 at personal care home In May, we mourned the deaths of 10 Country Manor Personal Care Home residents, killed by a fire in Harveys Lake. The blaze was started by a resident, whose mental state had deteriorated months before. That prompted some victims\u2019 families to question whether he should have been living there and if licensing regulations for personal care homes are adequate. Teresa Linn DeVine-Carey was the first Luzerne County woman in a decade to die from childbirth complications. DeVine-Carey, 34, of Wilkes-Barre, died in May several hours after delivering a boy and a girl at Nesbitt Memorial Hospital in Kingston. Part of the Wyoming Valley Health Care System, Nesbitt, while housing obstetrics, primarily handles minor outpatient care. Some questioned why DeVine-Carey, whose pregnancy was considered high-risk, was not taken instead to the system\u2019s acute-care hospital, Wilkes-Barre General In other hospital news, President and Chief Executive Officer Ron Stern left his post. Senior Vice President Patricia Finan was promoted to acting president and chief executive officer. The death of pregnant mother Sharon Asay and two of her children in a Plains Township house fire in September saddened us. And former Mayor Tom McLaughlin\u2019s recent death from lung cancer in December made us realize how short life can be. We were shocked when Mary Ellen Sacco, director of Luzerne County Voter Services, was arrested in June after she purchased $100 worth of cocaine from an undercover police officer. Sacco was suspended from her county job. She entered a guilty plea in Luzerne County Court of Common Pleas on Dec. 22 and was sentenced to two years of probation. Her job was filled by former Channel 22 newsman Kevin Jordan. In October, Luzerne County Coroner George Hudock called for an emergency \ue809 2/17/25, 3:03 Mysterious Year Dark Secrets Were Unveiled, While Equally Puzzling Questions Arose For The Area In 1997. - Times Leader 5/8 task force to combat killer heroin on Luzerne County\u2019s streets. Toxicology tests showed that five people suffered heroin-related deaths in September. Drug-related tragedy struck twice in one family. James Donnelly of Wapwallopen died Oct. 1 from a combination of heroin and alcohol. Less than three months later, his girlfriend of 14 years, Doreen Kozick, was shot dead by a drug dealer in Philadelphia. The couple had two elementary school-age daughters. Other area low-points: Paul Garman Jr. was shot in the back of the head and killed in April as he sat on a bed, reaching for a box to get change for what he thought was a marijuana sale. The murder in a South Washington Street residence resulted in the conviction of two men, and police are still searching for a third suspect huge fire at the Diversified Records storage facility in West Pittston burned for days in May. On Sept. 3, Karen Kennedy jumped from a police car and toppled over the Veterans Memorial Bridge in Wilkes-Barre. The officer was found innocent of any criminal wrongdoing, but he was suspended. In June, 16-year-old Danielle Eising struck and killed two women and seriously injured their husbands along Lake Carey in Wyoming County. The unlicensed driver told police that her stepfather let her drive around the lake for her birthday. In July, two girls drowned in the Susquehanna River in Exeter Township. Three girls, all age 15 and from Old Forge, had ridden their bikes to the river to find relief from the heat. The trio slid down a trench in the river, and only one was strong enough to swim to safety. Harry Butry Jr. allegedly shot and killed his former girlfriend, Tina Marie Marcario, in Wilkes-Barre in August. Marcario lived in Sherman Hills with her 2-year-old son and 5-month-old daughter. On Aug. 20, police seized large quantities of heroin and cocaine and arrested 63 people suspected of dealing drugs as part of Operation Triggerlock. About 200 officers gathered at the state police barracks in Wyoming at 4 a.m. and swarmed over the city and surrounding communities in what was called the largest investigation in the city\u2019s history. \ue809 2/17/25, 3:03 Mysterious Year Dark Secrets Were Unveiled, While Equally Puzzling Questions Arose For The Area In 1997. - Times Leader 6/8 In October, Doug Loomis was found guilty of molesting 13 children in Newport Township witness admitted that he himself raped and sodomized children at Loomis\u2019 command and watched as Loomis repeatedly did the same brawl broke out between Lake-Lehman High School and High School football players at Memorial Stadium in Wilkes-Barre in October. Soon after, a student wore what was believed to be a Ku Klux Klan costume to school. Lackawanna County Commissioners announced in December there would be no more rock concerts at Montage Mountain. Local radio stations collected 3,500 signatures on a petition, trying to get the concerts back, but the commissioners weren\u2019t interested. Year also offered much to like Thankfully, in 1997 we also had plenty of reasons to celebrate in the Wyoming Valley. Students and teachers were relieved after the Pittston Area School District finally agreed on a teachers contract in December. Earlier in the year, a 30-day teachers strike eliminated all school holidays except Christmas and Memorial Day. Other positive events: Wilkes-Barre Mayor Tom McGroarty promised better downtown parking and a transportation center at the site of the former Percy Brown\u2019s restaurant. The city hopes to get the downtown transportation facility\u2019s construction under way by next spring. Renovations were completed on the Stegmaier Brewery, which now provides a home for the U.S. Postal Service\u2019s data processing office, several federal agencies and the offices of U.S. Rep. Paul Kanjorski. Hundreds and maybe thousands of jobs were promised by CallCenter Services, Inc., of Maryland in an April ceremony. The company, which takes orders from customers of national catalog companies, plans to construct a site on South Main Street in 1998. We celebrated Hanover Township native James Post receiving his medical degree from Albert Einstein College of Medicine in June. Post, a quadriplegic, won national attention when he was denied admittance to all seven of Pennsylvania\u2019s medical schools because of his disability. In August, we learned the Pittsburgh Penguins had pledged to sponsor an \ue809 2/17/25, 3:03 Mysterious Year Dark Secrets Were Unveiled, While Equally Puzzling Questions Arose For The Area In 1997. - Times Leader 7/8 expansion team- the Wilkes-Barre/Scranton Penguins- at our new arena. Seating in the $44 million project was scaled back in July from 10,000 to 8,500. Sharon Manganiello walked 297 miles in October from West Pittston to the White House. She made the 13-day trip to heighten drug awareness. St. Ann\u2019s Shrine Church in Scranton was dedicated in October as the Basilica of the National Shrine of St. Ann. It is one of only five minor basilicas in Pennsylvania and fewer than 50 in the United States. On Nov. 5, someone destroyed the centerpiece statue of the Our Lady of Fatima Blessed Grotto by knocking the statue from its pedestal. The incident had a happy ending, however. The community responded by donating $40,000 to replace the statue and purchase two smaller angel statues and a security system for the North Street, Wilkes-Barre site. The city of Wilkes-Barre is planning to drop a diamond on New Year\u2019s Eve so we can slip into a fresh new year with class. (Information also compiled by Kathe Kier, Pamela Turfa, Bonnie Adams, Dave Janoski and CeCe Todd). Joann Curley pleaded guilty to third-degree murder in July, about six years after her husband Robert\u2019s death. She admitted to putting rat poison in his iced tea and was sentenced to 10 to 20 years in prison Nine residents of Country Manor Personal Care Home in Harveys Lake were killed during a May fire 10th victim died later in an Allentown hospital. Investigators said the blaze was started by a mentally ill resident. Times Leader Archivist \ue809 2/17/25, 3:03 Mysterious Year Dark Secrets Were Unveiled, While Equally Puzzling Questions Arose For The Area In 1997. - Times Leader 8/8"} |
7,908 | Kenneth Johnson | Western Kentucky University – Bowling Green | [
"7908_101.pdf",
"7908_102.pdf"
] | {"7908_101.pdf": "\uf0c9 Monday, Feb. 17, 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 \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 3204 Views Hilltopper guard Jack Edelen arrested for \u2022 1322 Views Department of Psychology co- chair dies \u2022 1219 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 PRINT: 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", "7908_102.pdf": "Heavily redacted sexual harassment records reveal misconduct Published 12:15 am Sunday, June 13, 2021 By amudd@bgdailynews.com ( The heavily-redacted Title sexual misconduct records are shown after being obtained by the Bowling Green Daily News via an Open Records Request. (Photo illustration by Grace Ramey/photo@bgdailynews.com) Heavily redacted records documenting sexual harassment committed by Western Kentucky University employees reveal numerous instances of misconduct that resulted in faculty and staff being allowed to quietly leave their jobs or retire. And in some cases, those who knew about the transgressions failed to report them \u2013 even when students came forward to complain. The newly released \u2013 though heavily blacked out \u2013 employee sexual misconduct and harassment records are the result of an Open Records Act request that a student journalist with WKU\u2019s College Heights Herald placed in November 2016. Email newsletter signup Sign up for our daily email newsletter The reporter, Nicole Ares, asked for documents of Title investigations into faculty and staff sexual misconduct against students that spanned the previous five years, and she made the same request of every public university in the state. Six universities complied with Ares\u2019 request, redacting the names of students and their identifying information. Ares\u2019 award-winning report \u2013 \u201cIn the Dark: Records Shed Light on Sexual Misconduct at Kentucky Universities\u201d \u2013 found that many university faculty from across the state who were accused and ultimately found to have committed acts of sexual misconduct were allowed to quietly leave their jobs or stay with just a slap on the wrist. Only two schools \u2013 Western Kentucky University and Kentucky State University \u2013 outright refused to hand over the records to Ares, with or without redactions. The following year, in 2017 sued its own student newspaper to keep the records out of the public eye \u2013 even after then-Attorney General Andy Beshear found that the university failed to adequately explain why it was denying the request. Beshear ruled at the time that must allow immediate access to the records \u2013 with the exception that the names and personal identifiers of complainants and witnesses be withheld. In March, after a Kentucky Supreme Court ruling on a similar lawsuit between the University of Kentucky and its student-run newspaper said it would provide to the College Heights Herald \u201cdocuments related to all Title investigations asserted against employees from November 2011 to November 2016 has maintained that federal privacy law prevented it from \u201creleasing information which could lead to the identification of complainants.\u201d \u201cWe made it clear that we would follow legal precedent, and this ruling provides much needed additional clarity,\u201d Andrea Anderson, WKU\u2019s general counsel, said in a statement at the time. \u201cOur focus from the beginning has been on protecting the identity of those filing the complaints. We look forward to bringing the litigation with the Herald to resolution.\u201d The Daily News obtained and reviewed its own copies of the heavily redacted employee sexual misconduct and harassment records through its own Open Records Act request. The substance of the records In most cases \u2013 though not all \u2013 the names of employees accused of sexual misconduct or harassment were redacted. \u201cThe names of the respondents are not redacted in the cases in which there was a finding of a policy violation,\u201d Anderson wrote in an email to the Daily News. However, a Daily News analysis found that, in at least two case files, the names of two employees who were accused of misconduct remained unredacted. The Daily News is not disclosing the names of these individuals because the university ultimately found that a policy violation had not occurred in both cases. There are, however, five case files in which the names of the accused employees were intentionally left unredacted and a violation was found to have occurred. Anderson confirmed Friday to the Daily News that four of the individuals are no longer employed at WKU. The fifth employee was allowed to retire from the university, according to his case file, and a Daily News obituary states that someone by that name died last year. The five individuals are: add your email address here, cancel anytime Subscribe Michael Kallstrom \u2013 Female students complained that Kallstrom, a university distinguished professor in WKU\u2019s Music Department, subjected them to inappropriate touching, comments and looks. During one such occasion, when a student was visiting Kallstrom\u2019s office and was accompanied by a male student, Kallstrom grabbed the female student\u2019s thigh when the male student turned his head to take a phone call, the records said. \u201cThe Anonymous Complainant said as soon as she walked out of Dr. Kallstrom\u2019s office she told her friend what occurred, but he said he did not witness it.\u201d The student also recounted another episode during which she wore a T-shirt and Kallstrom told her \u201cif it was lower cut, it would look better,\u201d according to the investigation documents. After speaking with more than 20 witnesses, the university\u2019s investigator wrote that \u201cdue to the numerous reports of inappropriate physical contact from witnesses interviewed and inappropriate comments mentioned, the corroborating evidence is overwhelming.\u201d Kallstrom was found to have violated university policy, and he longer works at WKU. However, the investigation revealed that the student who brought forward the complaint told at least three faculty members of Kallstrom\u2019s behavior before the university began its investigation. The conclusion of the investigation found that \u201csome of the faculty chose not to report their meeting(s) with the Anonymous Complainant to the Title Coordinator, a Deputy, and/or one of the Investigators.\u201d Every employee at is considered a \u201cresponsible employee\u201d and is required to report allegations of sexual misconduct and assault \u2013 especially those reported by students. The investigation found that several faculty members failed to live up to that responsibility. Kenneth Johnson \u2013 Johnson first got the attention of WKU\u2019s Title investigator in March 2014 when a student complained that \u201cMr. Johnson threatened to place a hold on her TopNet account, which would prevent her from registering for classes, if she did not stop by his office to visit him and/or have dinner.\u201d Johnson had no authority to place a hold on the student\u2019s account, the file said, but \u201cbefore she discovered the truth, she agreed to have dinner with him. She specifically stated had knots in my stomach. It bothered me how he used his position as a form of manipulation.\u2019\u201d The student told investigators that she knew of other students who had been coerced by Johnson, and that she once witnessed him having dinner with another student. Rumors about Johnson dating female students and having sexual relationships with them \u201cwere common,\u201d the investigation said. Investigators also learned that \u201cKenneth has made negative remarks in front of others about a male student potentially being gay, including while this student was also present.\u201d The investigation found that Johnson did in fact violate WKU\u2019s Standards of Conduct Policy and Discrimination and Harassment Policy, in addition to Title of the Educational Amendments of 1972. Johnson is no longer employed by the university, Anderson told the Daily News. Colleen Donovan \u2013 Records show that investigators found Donovan did violate university policy when she was employed as an academic readiness instructor at WKU. Although some of Donovan\u2019s behavior is obscured by the university\u2019s redactions, the investigation cites testimony from students that \u201con the first day of class, Ms. Donovan told the class that the highest grade each of the students would receive would be a C, except for one or two students who would receive an or a B.\u201d When one student arrived late to class and protested being marked absent, Donovan \u201cyelled at her, began walking circles around her, and telling her that she (Donovan) was in charge of the class,\u201d according to the records. Donovan encouraged the student to drop her class, the student complained, and records show that the university also investigated the case as a possible instance of sex discrimination because the student was the only female in her class. The university was not able to prove that discrimination had occurred, however. Multiple students complained that Donovan refused to take their questions in class and to accept their work: \u201cColleen continuously rejects drafts of their papers, requests them to re-do assignments, but never accepts their work as final submissions,\u201d the file states. Records make clear that administrators recommended disciplinary action be taken against Donovan, but they do not spell out exactly what kind of action, leaving that up to her unit and department leaders to decide. Donovan is no longer employed by WKU, Anderson confirmed Friday. Steve Briggs \u2013 Briggs\u2019 case file reveals that he was issued a verbal warning by his supervisor in 2013 \u201cregarding your inappropriate touching of and comments towards at least one other employee.\u201d It was a warning that Briggs allegedly failed to comply with, and in November 2014, he drew the attention of the university\u2019s Title officials once more, earning him another warning \u2013 though this time it was written. In January 2015, he was notified that \u201cthese incidents \u2013 including your poor judgment and non-compliance with my prior directive \u2013 serve as the basis for this written reprimand. Any further incidents/complaints or violations of this nature will result in a recommendation for termination of your employment.\u201d It\u2019s unclear who sent the memo to Briggs because the person\u2019s name is blacked out. As a consequence at the time, Briggs was required to undergo training to address appropriate workplace interactions. Briggs is no longer employed at WKU, the university\u2019s general counsel confirmed. Timothy Mullin \u2013 Mullin\u2019s case file indicates he was allowed to retire (though it is not clear when because the date of his retirement memo is redacted) after complaints surfaced of him sexually harassing male students and belittling and berating the female employees he supervised. One female employee complained that \u201che has publicly humiliated me, habitually speaks to me in a condescending manner usually reserved for small children and animals.\u201d The case file also documents Mullin\u2019s behavior around male students: how he would openly stare at students\u2019 behinds and make inappropriate comments about their appearance, according to the files. Another complainant stated that \u201cTimothy Mullin is a lawsuit against simply waiting to happen. If he remains employed by the university it is simply a question of when. If his serial sexual harassment of male students becomes public knowledge, it will result in irreparable harm to WKU\u2019s reputation with students, parents and the community at large Daily News obituary for a man by that name states that Mullin died in November 2020. Despite those details regarding five individuals, the heavily redacted records obscure basic details of WKU\u2019s misconduct and harassment investigations. In total provided 17 case files to the College Heights Herald, spanning 1,896 pages of internal memos and emails, investigation notes and administrator interviews with the accused, witnesses and complainants. Some records are so heavily redacted that the exact nature of the complaint \u2013 including the alleged misconduct \u2013 is obscured. In many cases, the personal notes investigators took are rendered unreadable, the contents of entire pages withheld. Michael Abate, an attorney with the Louisville-based law firm Kaplan, Johnson, Abate and Baird who is representing the College Heights Herald, called the redactions \u201ctotally inappropriate\u201d and, in his view, are a sign that the university is acting in bad faith. \u201cThe only thing that should have been redacted from this is any specific identifying information regarding a student involved in the investigation,\u201d Abate told the Daily News. After the Kentucky Supreme Court decision in the case between the University of Kentucky and its student newspaper, the Kentucky Kernel, Abate said he made clear to the university that only student names and identifiers should be withheld from the records. Abate said he notified the university that the names of accused employees \u2013 regardless of the university\u2019s finding in each case \u2013 should be disclosed to the College Heights Herald. He said he provided examples backed up by case law and opinions from various attorneys general on the matter to make his point. \u201cThey utterly ignored that,\u201d Abate said. \u201cThey did this knowingly without any justification, and it\u2019s wrong.\u201d \u201cIn our view, this was not done in good faith,\u201d Abate told the Daily News, calling the redactions \u201cjust a continuation of the culture that is totally adverse to transparency.\u201d Jon Fleischaker, also an attorney with Kaplan, Johnson, Abate and Baird, is credited with helping to draft Kentucky\u2019s Open Records Act and said he found the extent of the redactions baffling and \u201cextremely disappointing.\u201d Fleischaker called the sheer breadth of the redactions inappropriate and that they are not authorized by the state\u2019s Open Records law that he helped author. Speaking for himself and his wife, Kim \u2013 who have supported the university\u2019s journalism program over the years with awards and endowed courses \u2013 Fleischaker condemned the university\u2019s conduct in the case. \u201cWe are extremely disappointed in the way that the administration at Western (Kentucky University) has handled\u201d the records request, Fleischaker told the Daily News. The purpose of Kentucky\u2019s Open Records Act, Fleischaker said, is to dispel speculation and rumors and to promote government transparency and accountability with the clear light of day. This case is not about any individual professor or administrator, Fleischaker said, but about how the university is comporting itself in sexual misconduct and harassment cases. \u201cAre they doing a good job?\u201d Fleischaker said. For his part, Abate anticipated that the matter would wind up back in court. \u201cWe\u2019re prepared to continue asserting the public\u2019s right to know what happened,\u201d Abate said."} |
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