email mdugan(4]mdugan.com 

website www.mdugan.com 

MARIANNE DUGAN 

Accorncy at Law 

259 F.. 5th Ave., Ste 200-D 

Eugene OR 97401-2677 

Telephone 541·338·7072 

Facsimile 866-650-5213 

k'g l/o 

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TO: 

FROM: 

RE: 

DATE: October 7, 2014 

Director, Oregon Dept of Ad min. Services 

State Services Division 

Risk Management 

To fax no. 1-503-373-7337 

Douglas YS Park 

University of Oregon 

To fax no. 541-346-6110 

Marianne Dugan 

Austin v. University of Oregon 

Number of pages including this cover page: 5 

Comments: 

EXHIBIT F - Page 1 of 5 

Declaration of Lisa Thornton in Support 

of Defendants' Motion to Dismiss 

UO GENERAL COUNSEL 

Case 6:15-cv-02257-MC Document 11-6 Filed 01/25/16 Page 1 of 5
10/07/14 ll:48AM PDT '8666505213' -> �413466110 

email mdupn@mducom 

wobsito ww.mdupn.com 

MARIAN 

At 

DUOAN 

at Law 

259 E. Sth Ave.. 

EuseneOR 97401·2677 

510 200.D Tetephono '41-338-7072 

-----·--

Faesi11ile 8650-5213 

--

October 7, 2014 

Director, Oregon Dept of Admin. Services 

State Services Division 

Ris.k Management 

Bxecutive Building 

l SS Cot St NE, U20 

Salem, OR 97301 

and via fax to l·SOJ-373-7337 

and via email to risk.managoment@state.or.us 

Douglas YS Park. Assistant General Counsel 

University of Oregon 

219 Johnson Hall 

1 226 University of Oregon 

Eugene, OR 97403 

and via tax to 541-346-611 o 

and via email to dougpark@uoregon.edu 

RE: Notice of Claim of Brandon Austin 

Dear ODAS and Mr. Park: 

Pg 2/5 

I have been reviewing potential civil claims on behalf of Brandon Austin. In compliance with 

ORS 30.275, formal notice is he�eby given that claims for damages on his behalf will be made 

against University of Oregon and its departments, officers, employ� and/or agents. resulting 

ftom the University's April 10, 2014, "emergency" suspension of Mr. Austin� April 30, 2014, 

second "emergenc:Y' suspension upon reading the police reports; and June 17, 2014, final 

University hearing and issuance of suspension for up to ten years. 

The state law claims against the University and its dcputments. officers. employees. and/or 

agents. arise out of negligence. negligent hiring. negligent supervision. breach of contnct, 

defamation, intentional infliction or emotional distres

, racial discrimination, and vicarious 

liability for those wrongs. 

The federal law cl.aims against University and its departments, officers, emploYe and/or 

agents, arise out of the violation of my client's civil rights under42 U.S.C. 1981and 1983, the 

Seryjces 

First, Fifth, and Fourteenth Amendments to the U.S. Constitutio� and Monell v. Dept. of Social 

and Adjclces . Kress, due to dep�vation of due proces

 deprivation of the right to 

freom of asiation. deprivation of the right to freom of spech, deprivation of the right to 

refuse to testify against oneself, racial discrimination. deliberate indifference to my clients' 

rights; and policties, ctustoms, or prac1i"s UW allowed such violaiions 10 ocur. 

EXHIBIT F - Page 2 of 5 

Declaration of Lisa Thornton in Support 

of Defendants' Motion to Dismiss 

Case 6:15-cv-02257-MC Document 11-6 Filed 01/25/16 Page 2 of 5
10/07/14 11:48AM PDT '8666505213' -> 5413466110 

Doug Parle and ODAS 

October 7, 2014 

Page2 

Pg 3/5 

So fu DS is known to the ohlimant, the time. place, and circumstances giving rise to the claim are 

as rouows. 

On March 9 2014 Brandon Austin was at a basketbal player party with his friends and 

teamrnates-�•nd •aJtiFmt

 approached Brandon Austin 

anct•»mZ Z· \;twerked" for them. and followed them into a bathro

m where: they had 

sexua& contact. 1 ney aen me DIUm ano teJOtnea me pany. :sn� rerumeo a secona ume to me 

bathroom with all thre of the mon and more sexual contact ensued. 

They left the bathro and shortl� after that the party broke up. outside on the streot thore was 

mingling of guests as folks figured out who was riding home with whom. Redacted 

wanrea to 1eave Wl:lh me ooys. tter tnencis told her not m go with them, sraung ')'OU know now 

you get" and "they only want to use you for sex.11 She insisted on going with them. At their 

apartment 

teared 

she changed into some, of their clothes and th� had group sex. At one point., she 

up and the boys immediately quit comforted her, she fell asleep in his lap 

on the couch and then spent the n.ight in his bed with him. She had sex with him the next 

monuna. wcm nomc ana t� h1m "ihlnks tor gcmng me home" (he tu1c1 eatteo Iler a c:at>J. 

l;:Jfil6

She reported her conduct to her roommate. who was aghast at the story. Al &bat point. Redacted 

reaJized her conduct wasn't univenally admired., 

Sudy her story changed to rape - she stated was drag

 into the bathro

m twice and 

assaulted, she was wrestled into the car and forced to drink alcohol� taken to the playel's home 

and repeatedly raped. Later. she reluctantly admitted to police that she bad slept over and had 

sex the next morning. 

l'ollce 1nvestaJi!ied. ·1be prosecutor (Yatty tlertow) dechnedii

sc. due to 1ncons1stenc1es 

in I :mf@1f;li ory. Police reports reveal inter.views with • · • · · • own friends and 

witnesses at the party stating that she went with the boys vo un y er expres

 any 

concern or emotional upset at the, pany. She was sen daneing susst!ti�ly with them by her 

romate. She was not drinking and did not appear drunk 

The University bepn investigating, but immediately made public statements against the boys. 

and issued emergency suspensions on April 10. The University then reinstated the boys� but 

then did a second emergency suspension April 30 after reading the police report. 

The University eventually reinstated 

Austin. 

Redacted and Redacted • 

The University denied Mr. Austin's requests (through his lawyer) for: 

a. contested case hearing 

b. is

 ot' subpoenas 

EXHIBIT F - Page 3 of 5 

Declaration of Lisa Thornton in Support 

of Defendants' Motion to Dismiss 

ut not Brandon 

Case 6:15-cv-02257-MC Document 11-6 Filed 01/25/16 Page 3 of 5
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Doug Park and ODAS 

October 7. 2014 

Page3 

c. names and contact info of witnesses the UO interviewed and relied upon 

d. copies ofthe Title 1X investigato�

 report - (his attomoys were told they could 

view the document blacked out but could not have a copy nor review an unPg 4/5 

tedaeted copy). 

I I 

I J 

June 17, 2014. the University had the final hearing and issued a suspension of Mr. Austin t0r up 

to ten years. 

Legal bsues 

l. Denial or due proces

 id uo admiaistntive hearing 

a. Panel hearing option (which Mr. Autin requested): 

i. UO refused to issue subpoenas, and indicates that it never allows 

subpoenas tar these bearings 

ii. UO refused to allow depositions 

iii. UO ref\ased to reveal names/contact information of its witnes

 

iv. The Title IX report was blacked out and Mr. Austin's attorneys were not 

allowed to take it from the room with them 

v. Mr. Austin was nxtuiR<I to conduct his own cross-examination. His 

atrney was not allowed to ask questions, and the questions had to be pre. 

approved by the Univorsity 

b. Administrative hearing option 

i. No subpoenas 

ii. No nameslcontac:t ot' witnes

 

iii. Title IX report blacked out in places and not given a copy. 

EXHIBIT F - Page 4 of 5 

Declaration of Lisa Thornton in Support 

of Defendants' Motion to Dismiss 

Case 6:15-cv-02257-MC Document 11-6 Filed 01/25/16 Page 4 of 5
10/07/14 11:48AM PDT '8666505213' -> 5413466110 

Doug Park and ODAS 

October 7, 2014 

Page4 

c. Denial of request for Contested Case hearing 

The options provided by the University do not comport with the OAPA 

2. Denial of the presumption or innotatee 

Pg 5/5 

a. The University president gave a spe

h to the media condemning the conduct of 

the thre

 players, despite the fact the investigation was still underway,, and no 

charJes had be filed (nor were they ever filed). 

b. The University (via Profes

 Freyd) led �hes demanding the expulsion of the 

students prior to adjudication. 

3. Punishment for eserdsing cwil rights 

When the University read the pol.ice reports and saw that Mr. Austin had asd bis Miranda 

rights through his counsel, they immediately placed him on emergency suspension for that 

reason. Sources indicate that this is the routine practice of the University. 

The other two, who had not as their Miranda rights, were al lowed to remain at the 

University. Mr. Austin's criminal attomey was told by Sandy Weintraub that Mr. Austin was 

treated differently 1'because he refused to talk.1

1 

4. Milconduct by the Title IX Investigator 

The Title IX inves1iptor issued findin t' tact upholding the allegations. which completely 

ignored the eyewitness (l;mwarn 'ends and the cab driver) who contradicted the 

complainant 

Brandon Austin has ben damaged by these actions. Correspondence concerning this claim may 

be sent to me. 

cc: client; U.ura fine Moro 

EXHIBIT f - Page 5 of 5 

Declaration of Lisa Thornton in Support 

of Defendants' Motion to Dismiss 

Case 6:15-cv-02257-MC Document 11-6 Filed 01/25/16 Page 5 of 5