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7,300	John W. Francis	Columbus State Community College	[ "7300_101.pdf", "7300_102.pdf", "7300_103.pdf", "7300_104.pdf", "7300_101.pdf", "7300_102.pdf", "7300_103.pdf", "7300_104.pdf", "7300_101.pdf", "7300_102.pdf", "7300_103.pdf", "7300_104.pdf" ]	{"7300_101.pdf": "Dann's office defended alleged sexual harasser Staff Writer The Columbus Dispatch Published 11:01 p.m Nov. 10, 2009 Updated 6:37 p.m Nov. 11, 2009 -- Then-Attorney General Marc Dann's office was representing a man Gov. Ted Strickland's administration later hired, then fired for alleged sexual harassment, at the same time the governor was pressuring Dann's office on similar allegations. The ironic twist surfaced in documents the Associated Press obtained through a records request. According to the records, Assistant Attorney General Christa Metzger was representing John W. Francis and Columbus State Community College, where Francis worked, when a student in his microbiology class accused him of sexual harassment. The attorney general provides legal counsel to state government entities, which includes the publicly funded college. But around the same time last year, Strickland led a successful charge to force Dann to resign. The governor said then that Dann was rendered so ineffective by fallout from a sexual harassment scandal in his office that he must step down or face impeachment. Internal investigators in the Dann case found that the Attorney General's Office was rife with inappropriate staff-subordinate relationships, heavy drinking and harassment and threatening behavior by supervisor Anthony Gutierrez. Dann also admitted an affair with a staffer. He resigned in May 2008. 3/15/25, 11:15 Dann's office defended alleged sexual harasser 1/2 When contacted by e-mail, Dann declined comment on the Francis case. Amid the office scandal, state Health Director Alvin Jackson, a Strickland appointee, announced Francis' hiring two days after his resignation from the college and while Metzger was working with the Columbus State student's attorney to avoid a lawsuit, the records show. The college had cleared Francis of wrongdoing in an internal investigation. Jackson has said he was unaware of the allegations against Francis when he was hired. Francis' student accuser, Adrien Briggs, ultimately filed a lawsuit. An independent investigation prompted by a Health Department employee complaint substantiated allegations that Francis had sexually harassed women at the department. Francis told investigators, and has repeated to the AP, that all the allegations were untrue. Health Department investigative records included allegations of Francis looking down women's shirts, patting one's buttocks, soliciting hugs and calling female employees in the evenings and on weekends at home or on their cell phones. Witnesses also said Francis used threatening language. According to local newspaper reports, Francis has been placed on leave by his current employer, Germanna Community College in Fredericksburg, Va., as the institution conducts an investigation into undisclosed allegations by an employee. Francis was hired in July as the college's dean of arts and sciences. He makes $83,000 a year, according to a college spokeswoman. 3/15/25, 11:15 Dann's office defended alleged sexual harasser 2/2", "7300_102.pdf": "Ohio health official fired over alleged harassment Julie Carr Smyth Published 12:01 a.m Oct. 23, 2009 Updated 11:02 p.m Oct. 23, 2009 As Gov. Ted Strickland was calling on Ohio\u2019s embattled attorney general to step down amid sexual harassment allegations last year, another harassment scandal was brewing in one of his own state agencies. Women employees accused John W. Francis, the newly hired deputy at the Ohio Department of Health, of patting them on the butt, calling them pet names and threatening them with violence. Francis, a former biochemistry instructor, was fired nearly a year ago. Reasons for the firing and the allegations of sexual misconduct that spanned most of his eight- month tenure were uncovered by an Associated Press review of state records. Francis came to the state job from Columbus State Community College, where records show he also was accused of sexual harassment. College officials gave Francis otherwise stellar reviews, but ordered him to take sexual harassment awareness training and meet female students only in public areas after one filed a complaint. Francis, 46, denies he acted inappropriately in either case. He said the accusations were fabricated by women whom he graded harshly, denied promotions or professionally disciplined. \u201cHonest to God, it was a politically motivated complaint (at the Health Department never did anything that was in it,\u201d Francis said in a telephone 3/15/25, 11:15 Ohio health official fired over alleged harassment 1/4 interview went in there as a good person, in good faith, to do good work for the state of Ohio. This is what got.\u201d With no witnesses, Columbus State could not determine whether student Adrien Briggs\u2019 allegation that Francis trapped her in his office, propositioned her and fondled her feet were true. Briggs later filed, then dropped, a lawsuit in federal court. At the 1,300-employee Health Department, however, an investigation substantiated most of the allegations lodged against Francis. State investigative records show Francis\u2019 alleged acts at the Health Department began within a week of his arrival in March 2008 as deputy of performance improvement. Women in the Vital Statistics section told an outside investigator that Francis stared at their chests, looked down their shirts, called them \u201cbabe,\u201d \u201chot\u201d or \u201cmy queen\u201d and solicited frequent hugs, sometimes behind his closed office door. One of the women told investigator Joan Olivieri, enlisted from the state Department of Youth Services, that Francis \u201crubbed her head, patted her butt and told her \u2019everything was going to be OK\u2019 \u201c after telling her she didn\u2019t get a promotion. Employees also said Francis spoke of crushing people like cockroaches and threatened one woman, saying he would \u201cslit her throat.\u201d Olivieri also concluded Francis gave her \u201cincomplete, false or misleading information\u201d when interviewed. Though Francis continued to maintain the accusations were retaliatory, state Health Director Alvin Jackson fired him Nov. 21, 2008, making him among seven top aides to Jackson who were fired or transferred or who resigned during the past 18 months. They include two chiefs of staff and Jackson\u2019s chief financial officer, lead lawyer and legislative director. Jackson hand-picked many of them. 3/15/25, 11:15 Ohio health official fired over alleged harassment 2/4 Jackson told the in an interview that he didn\u2019t know of allegations in Francis\u2019 past when he hired him. He first found out in August 2008, Jackson said, when a copy of Briggs\u2019 lawsuit showed up anonymously at the agency subsequent separate investigation concluded that four Health Department managers or supervisors had earlier knowledge of harassment by Francis but took no action. The review found the managers\u2019 inaction violated an agency anti- harassment and anti-discrimination directive that says harassment must be immediately reported. Spokesman Robert Jennings said the department trained managers agencywide on harassment reporting guidelines as a result of the investigation. No other discipline resulted. Jackson, who issued a memo to Francis after the lawsuit surfaced, was not questioned as part of that probe. His personnel director, Didi Anekwe, told the investigator that he led a by-the-book inquiry feel damn good about what did,\u201d Anekwe said have no regrets.\u201d Strickland spokeswoman Amanda Wurst said the governor\u2019s staff was kept apprised of the Francis investigation as it was progressing last year. Jackson followed appropriate procedure by suspending, investigating and then firing Francis, she said. Francis\u2019 questionable encounters began as Strickland led his successful charge to force then-Attorney General Marc Dann to resign. The governor said then that Dann was rendered so ineffective by fallout from a sexual harassment scandal in his office that he must step down or face impeachment. Internal investigators in the Dann case uncovered an atmosphere the Attorney General\u2019s office rife with inappropriate staff-subordinate relationships, heavy 3/15/25, 11:15 Ohio health official fired over alleged harassment 3/4 drinking and harassing and threatening behavior by a supervisor, Anthony Gutierrez. Dann also admitted an affair with a staffer. The sexual harassment scandal that was engulfing Dann\u2019s office was not lost on one female health department employee. She told Olivieri she tried to use it to discourage Francis\u2019 advances. \u201cThis is not a hugging culture and people might get the wrong idea with all this hugging, especially in light of what is happening at the attorney general\u2019s office,\u201d the woman recalled telling Francis. \u201cLet\u2019s just be professional and straightforward in our demeanor. It will be better for both of us.\u201d On The Net: Ohio Department of Health: 3/15/25, 11:15 Ohio health official fired over alleged harassment 4/4", "7300_103.pdf": "b2c2-1e803af0e19a.html doesn't renew dean's contract By Media General News Service Jan 29, 2010 \u2014 Germanna Community College has decided not to renew the contract of a recently-hired dean who has a history of sexual harassment allegations. John W. Francis' last day at was Jan. 13, according to Jeff Kraus, assistant vice chancellor of public relations for the Virginia Community Colleges System in Richmond. Francis, who headed the arts and sciences department, was hired July 1. He was accused of \"improper conduct\" on at least two occasions at a previous job in Ohio before a similar accusation arose at this fall. Francis, 47, was placed on paid administrative leave in November following a complaint made against him to college officials, according to a source close to the case. When asked if the recent allegation played a part in Francis' abrupt departure, Kraus said he \"wasn't in a position to comment on a personnel matter.\" \"His contract wasn't renewed,\" Kraus said. \"We have different levels of employment contracts. We have adjunct instructors that we bring on for just a semester. Not all contracts go for a year.\" 3/15/25, 11:15 doesn't renew dean's contract \| news/stafford \| insidenova.com 1/2 In November 2008, eight months after taking a job as deputy of the Ohio Department of Health, Francis was fired on allegations of sexual misconduct, according to an Associated Press review of state records. He was also accused of sexually harassing a female student while a professor at Columbus State (Ohio) Community College in September 2007. In an article published Oct. 23, the reported that an internal investigation found no wrongdoing but the school ordered Francis to attend sexual harassment awareness training and to meet female students in more public places. Contacted by phone Wednesday evening, Germanna President David A. Sam said he was told to refer all calls to the in Richmond. Francis denied any inappropriate behavior in the article, saying that the accusations in Ohio were \"fabricated by women whom he graded harshly, denied promotions or professionally disciplined.\" \"Honest to God, it was a politically motivated complaint (at the Health Department never did anything that was in it,\" Francis told the went in there as a good person, in good faith, to do good work for the state of Ohio. This is what got.\" At Germanna, Francis worked with faculty members and did not have any direct contact with students. His main duties were conducted at the Fredericksburg campus. The Star-Exponent was unable to reach Francis for comment. His annual salary at Germanna was $83,000. Rhonda Simmons is a staff writer for Media General\u2019s Culpeper Star-Exponent. 3/15/25, 11:15 doesn't renew dean's contract \| news/stafford \| insidenova.com 2/2", "7300_104.pdf": "From Casetext: Smarter Legal Research v United States District Court, S.D. Ohio, Eastern Division Jul 8, 2009 Civil Action 2:08-CV-644 (S.D. Ohio Jul. 8, 2009) Copy Citation Download Check Treatment Delegate legal research to CoCounsel, your new legal assistant. Try CoCounsel free Civil Action 2:08-CV-644. July 8, 2009 KING, Magistrate Judge Sign In Search all cases and statutes... Opinion Summaries Case details 3/15/25, 11:16 v COM. COL, Civil Action 2:08-CV-644 \| Casetext Search + Citator 1/10 A. Background This case is brought pursuant to Title of the Education Amendments of 1972, 20 U.S.C. \u00a7 1681(c), and 42 U.S.C. \u00a7 1983. Plaintiff Adrien Briggs alleges that defendant John Francis, plaintiff's instructor at Columbus State Community College (\"CSCC\"), subjected plaintiff to unwanted gender- based attention and sexual harassment while plaintiff was enrolled in Francis's class during the summer of 2007. Complaint, Doc. No. 1, at 2-3. Plaintiff asserts that defendant Lawrence Mayer, Francis's supervisor in the Department of Chemistry, knew that Francis had engaged in similar conduct towards other female students before the summer of 2007. Id. at 3- 5. Plaintiff alleges that both Mayer and defendant were deliberately indifferent to the risk posed by Francis to the plaintiff, and that plaintiff suffered serious emotional distress as a result of Mayer's indifference. Id. Plaintiff also asserts state law claims of false imprisonment, assault and battery, and intentional/reckless infliction of severe emotional distress. Id. at 5-6. This matter is before the Court on plaintiff's motion to compel 2 discovery pursuant to Fed.R.Civ.P. 37(a). Plaintiff's Motion to Compel, Doc. No. 27. 2 Plaintiff moves to compel response to requests for production of documents by defendants and Mayer. Plaintiff's Motion to Compel, Doc. No. 27 (\"Motion to Compel\"). Specifically, plaintiff seeks: (1) class rosters for Francis's classes for the four years preceding the events giving rise to plaintiff's claims (Request for Production No. 3), and (2) \"every document relevant to any student complaint/concern lodged against Francis\" (Request for Production No. 5). Id. at 2. Plaintiff contends that the requested documents are necessary to establish that defendants Mayer and knew of Francis's propensity to sexually harass females. Id. at 2; Plaintiff's Reply to Defendants' Memorandum in Opposition to Plaintiff's Motion to Compel, Doc. No. 29 (\"Plaintiff's Reply\"), at 1. Additionally, plaintiff argues that the need for this discovery is heightened because the administration has allegedly destroyed other documents regarding Francis's behavior. Plaintiff's Reply, at 1. Plaintiff does not object to court-ordered limitations on the use of any of the documents at issue. Plaintiff's Motion to Compel, at 1. 3/15/25, 11:16 v COM. COL, Civil Action 2:08-CV-644 \| Casetext Search + Citator 2/10 Defendants object to plaintiff's requests on the ground that the documents are protected by the Family Educational Rights and Privacy Act, 20 U.S.C. \u00a7 1232g et seq. [\"FERPA\"]. Memorandum in Opposition to Plaintiff's Motion to Compel, Doc. No. 28 (\"Memorandum in Opposition\"), at 1-3. Plaintiff, however, responds that authorizes the release of student information upon court order. Plaintiff's Motion to Compel, at 3; Plaintiff's Reply, at 1. Defendants also object to the request for student complaints on the basis that it is \"vague, ambiguous and overbroad.\" Responses to 3 Plaintiff's First Interrogatories and Request for Documents, Doc. No. 28-2 (\"Responses to Plaintiff's Interrogatories\"), at 4. Additionally, defendants contend that no student statements or complaints exist regarding plaintiff's case, and that accordingly none can be provided. Id. at 4. They qualify this response, however, by unilaterally limiting the scope of plaintiff's request in this regard to student interviews \"regarding Ms. Briggs' case.\" Id. 3 1 1 Plaintiff also argues that defendants base their refusal to respond to the discovery requests on a claim of privilege. Motion to Compel, at 2-3 (citing Pearson v. Miller, 211 F.3d 57 (3d Cir. 2000)). Defendants disclaim any privilege and insist that their opposition is based solely in their analysis of FERPA. Memorandum in Opposition, at 4. Under these circumstances, the Court will not address any claim of privilege. B. Legal Analysis In order to compel discovery, the plaintiff must show that her requests are relevant under Fed.R.Civ.P. 26, and that does not prohibit the requested disclosures. For the reasons discussed infra, the Court concludes that plaintiff's request for production of complaints regarding Francis's alleged conduct is relevant to her claim, but that her request for production of student rosters is not. Moreover, the Court concludes that FERPA, which establishes protections for personally identifying education records, does not prohibit otherwise proper discovery of student complaints against defendant Francis. 1. Discovery under the Federal Rules of Civil Procedure a. Overview of Rules 26 and 37 3/15/25, 11:16 v COM. COL, Civil Action 2:08-CV-644 \| Casetext Search + Citator 3/10 Rule 26(b)(1) provides that \"[p]arties may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense. . . .\" Fed.R.Civ.P. 26(b)(1). Determining the proper scope of discovery falls within the broad discretion of the 4 trial court. Lewis v Services, Inc., 135 F.3d 389, 402 (6th Cir. 1998). Rule 37 authorizes a motion to compel discovery when a party fails to provide a proper response to requests for production of documents under Rule 34. Rule 37(a) expressly provides that \"an evasive or incomplete disclosure, answer, or response must be treated as a failure to disclose, answer, or respond.\" Fed.R.Civ.P. 37(a)(4). 4 \"`[T]he party resisting discovery bears the burden of establishing . . . [that the request] is of such marginal relevance that the potential harm occasioned by discovery would outweigh the ordinary presumption in favor of broad disclosure.'\" Anderson v. Dillard's, Inc., 251 F.R.D. 307, 311 (W.D. Tenn. 2008) (quoting Etienne v. Wolverine Tube, Inc., 185 F.R.D. 653, 656 (D. Kan. 1999)). See also Kammeyer v. City of Sharonville, No. 1:01-cv-649, 2005 U.S. Dist 9877, at 4 (S.D. Ohio May 25, 2005) (stating that \"the burden is on the objecting party to show why an interrogatory is improper\"). When the requested materials include personal information of individuals who are not parties to the lawsuit, the court may require the plaintiff to show that the value of the evidence to party litigants outweighs the privacy interests of third parties. Miller v. Fed. Express Corp., 186 F.R.D. 376, 384 (W.D. Tenn. 1999) (citing Onwuka v. Federal Express Corp., 178 F.R.D. 508, 516 (D. Minn. 1997)). Plaintiff contends that her claims against defendants and Mayer depend upon access to the requested documents. Motion to Compel, at 2; Plaintiff's Reply, at 1. For the reasons discussed infra, the plaintiff makes a compelling showing of relevance with regard to student complaints, but has not persuasively argued that class rosters will provide information relevant to her claim. 5 5 b. Relevance under Rule 26(b) Discovery may relate to any matter that can be inquired into under Rule 26(b). Fed.R.Civ.P. 33, 34. Rule 26(b)(1) authorizes discovery regarding any non-privileged matter relevant to the subject matter of the pending action. 3/15/25, 11:16 v COM. COL, Civil Action 2:08-CV-644 \| Casetext Search + Citator 4/10 Fed.R.Civ.P. 26(b)(1). See also Miller v. Federal Express Corp., 186 F.R.D. 376, 383 (W.D. Tenn. 1999) (\"Relevancy for discovery purposes is extremely broad.\"). The information sought need not be admissible at trial so long as it appears reasonably calculated to lead to the discovery of admissible evidence. Fed.R.Civ.P. 26(b)(1). These discovery provisions are to be liberally construed. Schlagenhauf v. Holder, 379 U.S. 104, 114 (1964); Dunn v. Midwestern Indem., 88 F.R.D. 191, 195 (S.D. Ohio 1980). Plaintiff asserts that the requested class rosters and the student complaints are relevant, and in fact necessary, to establish that defendant Francis has a propensity to sexually harass females, and that the school administration, although aware of this fact, did nothing. Plaintiff's Motion to Compel, at 2; Plaintiff's Reply, at 1. Although defendants have made a partial response to plaintiff's requests, defendants have limited their response to complaints relating to plaintiff's case. Responses to Plaintiff's Interrogatories, at 4. The defendants also contend that the requested class rosters are not relevant to the plaintiff's case. Memorandum in Opposition, at 3. Student complaints relating to defendant Francis may be relevant under the standard of Rule 26(b)(1). Complaints similar to those made by the plaintiff, if any, would support plaintiff's allegation that defendants Mayer and were aware of defendant 6 Francis's alleged misconduct because such complaints would have been available for review by his supervisors. Plaintiff does not limit her request to sexual harassment complaints, however; she demands production of records identifying students who made \"any complaints against John Francis of any type.\" Motion to Compel, at 1. Although plaintiff has argued satisfactorily that other harassment complaints lodged against defendant Francis are relevant to her claims, plaintiff has not shown, for instance, how a grade dispute between defendant Francis and another student would be relevant to plaintiff's claims. Accordingly, plaintiff's request is reasonably calculated to lead to the discovery of admissible evidence only insofar as it relates to complaints of alleged sexual harassment by defendant Francis. 6 With the exception of a conclusory assertion that the class rosters are \"necessary\" to her claims, plaintiff offers no evidence or even argument that the requested class rosters are relevant. It does not appear that class rosters 2 3/15/25, 11:16 v COM. COL, Civil Action 2:08-CV-644 \| Casetext Search + Citator 5/10 would offer plaintiff any new or additional evidence that defendants will not produce. Student problems with defendant Francis that were not reported to would not advance plaintiff's contention that defendants and Mayer were deliberately indifferent to complaints such as that asserted by plaintiff. Plaintiff's request for the names of every student taught by Francis in the last four years is more of a fishing expedition than a legitimate discovery request, and defendants need not respond to that request. 2 The plaintiff defines class rosters as lists that include both a student's name and contact information. Responses to Plaintiff's Interrogatories, at 3. c. Balancing Third-Party Privacy Interests with the Discovery Interests of Party Litigants 7 7 Discovery does have \"`ultimate and necessary boundaries.'\" Oppenheimer Fund, Inc. v. Sanders, 437 U.S. 340, 351 (1978) (quoting Hickman v. Taylor, 329 U.S. 495, 507 (1947)). When the requested documents implicate third-party privacy interests, a court may require that the requesting party make a \"compelling showing of relevance\" before ordering production. Miller, 186 F.R.D. at 384. To be compelling, \"a party seeking the discovery of personnel information must demonstrate, notwithstanding the breadth of discovery, that the value of the information sought would outweigh the privacy interests of the affected individuals.\" Onwuka, 178 F.R.D. at 517. In Onwuka, the plaintiff, a FedEx employee, sought discovery of the disciplinary records of other non-party FedEx workers to establish evidence of companywide discrimination. Id. at 515-16. The court held that the third- party personnel files, although not directly related to the plaintiff's own disciplinary proceeding, were relevant to the plaintiff's claims of discrimination and retaliation and were thus discoverable. Id. at 517-18. In light of the privacy interests at play, the court in that case limited discovery to only those files that were analogous to the plaintiff's claim. Id. Similarly, plaintiff in this case seeks third-party complaints to establish defendant Francis's alleged propensity to harass female students. As the Court concluded supra, similar student complaints are relevant to plaintiff's claim that defendants and Mayer had knowledge of defendant Francis's alleged misconduct. 3/15/25, 11:16 v COM. COL, Civil Action 2:08-CV-644 \| Casetext Search + Citator 6/10 20 U.S.C. \u00a7 1232g(b)(2) (2007). Release of otherwise protected information is permitted, however, when \"such information is furnished in compliance with judicial order, or pursuant to any lawfully issued subpoena, upon condition that parents and students are notified of all such subpoenas or orders in advance of compliance therewith by the educational institution or agency.\" \u00a7 1232g(b)(2)(B). \"Thus, while was intended to prevent schools from adopting a policy or engaging in a practice of releasing educational records, it does not, by its express terms, prevent discovery of relevant school records under the Federal Rules of Civil Procedure.\" Ellis v. Cleveland Mun. Sch. Dist., 309 F. Supp. 2d 1019, 1023 (N.D. Ohio 2004). Courts have interpreted FERPA, and this exception, as reflecting a Congressional intention to permit disclosure of education records where to do so will serve the health and safety of students. See, e.g., Doe v. Woodford County Bd. of Ed., 213 F.3d 921, 927 (6 Cir. 2000). Considering the circumstances presented in this action, production of the documents requested by 9 plaintiff would serve the interests of not only plaintiff but of other students as well. 2 8 8 a. Overview Having concluded that plaintiff's requests for similar student complaints are relevant to plaintiff's claims, the Court must next determine whether the documents are protected by FERPA, as defendants and Mayer contend provides in relevant part: No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of releasing, or providing access to, any personally identifiable information in education records other than directory information. . . . th 9 also requires certain privacy measures in connection with the lawful disclosure of information from education records or personally identifiable, non-directory information. 20 U.S.C. \u00a7\u00a7 1232g(b)(1)-(2). The statute defines education records as those records that \"contain information directly related to a student\" and which \"are maintained by an educational agency or 3/15/25, 11:16 v COM. COL, Civil Action 2:08-CV-644 \| Casetext Search + Citator 7/10 institution.\" \u00a7 1232g(a)(4)(A). \"Personally identifiable information\" is \"information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty.\" 34 C.F.R. \u00a7 99.3. Examples of \"personally identifiable information\" include social security numbers, student identification numbers, and other direct and indirect personal identifiers. Id. The disclosure \"directory information,\" i.e., \"information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed,\" id., is not governed by FERPA. Directory information includes a student name, address, telephone number, date of birth, field of study, record of participation in school-sanctioned activities, dates of attendance, degree program, and the student's most recent previous educational background. \u00a7 1232g(a)(5)(A). The statute requires that an educational institution notify parents or the student, as appropriate, of its disclosure of a student's non- directory information. \u00a7 1232g(b)(2)(B). b. Student Complaints (Request for Production No. 5) 10 10 excludes from the category of protected documents those employee records \"made and maintained in the normal course of business which relate exclusively to such person in that person's capacity as an employee and are not available for use for any other purpose. . . .\" \u00a7 1232g(a)(4)(B)(iii). The statute also excludes \"records maintained by the law enforcement unit of the educational agency or institution that were created by the law enforcement unit for the purpose of law enforcement. . . . \" \u00a7 1232g(a)(4)(B) (ii). At least one court has held that statements by student witnesses concerning alleged misconduct by teachers are only \"tangentially related\" to students and are therefore not protected by FERPA. Ellis, 309 F. Supp. 2d at 1022 (and cases cited therein). Although plaintiff in this case seeks complaints made by other students, the records sought by plaintiff relate \u2014 not to those students \u2014 but to defendant Francis, an employee of defendant CSCC. Arguably, FERPA's protections do not apply to those documents. See id. 3/15/25, 11:16 v COM. COL, Civil Action 2:08-CV-644 \| Casetext Search + Citator 8/10 Defendants argue that Ellis is distinguishable from the instant case because Ellis concerned requests for the names of specific students, whereas plaintiff's request is an overly broad \"fishing expedition.\" Defendant's argument is unpersuasive. Like the plaintiff in Ellis, plaintiff in this case requests the production of documents related to incidents of alleged improper conduct on the part of her professor. It does not appear, as defendants allege, that the request in Ellis was more narrowly tailored than plaintiff's request. In any event, this Court agrees with the conclusion reached by the court in Ellis that records relating directly to school employees and only indirectly to students are not \"education records\" within the meaning of FERPA. See also Klein Ind. School Dist. v. Mattox, *11 830 F.2d 536, 579 (5 Cir. 1987) (\"Excluded from FERPA's protections are records relating to an individual who is employed by an educational agency or institution.\"). This Court concludes that the limitations on disclosure established by do not apply to plaintiff's request for the production of documents relating to all student complaints of sexual harassment by defendant Francis. 11 th WHEREUPON, Plaintiff's Motion to Compel, Doc. No. 27, is in part and in part. As the motion relates to plaintiff's request for production of student complaints against defendant Francis relating to claims of sexual harassment, the motion is GRANTED. As it relates to plaintiff's request for production of other complaints or of class rosters, the motion is DENIED. About us Jobs News Twitter Facebook 3/15/25, 11:16 v COM. COL, Civil Action 2:08-CV-644 \| Casetext Search + Citator 9/10 LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 3/15/25, 11:16 v COM. COL, Civil Action 2:08-CV-644 \| Casetext Search + Citator 10/10"}
8,316	Jerry Lewis Avery	Fayetteville Technical Community College	[ "8316_101.pdf" ]	{}
7,719	Mark Jensen	University of Georgia	[ "7719_101.pdf", "7719_102.pdf" ]	{}
8,741	Axel Grothey	Mayo Clinic Rochester	[ "8741_101.pdf", "8741_102.pdf", "8741_103.pdf", "8741_104.pdf", "8741_102.pdf", "8741_104.pdf", "8741_102.pdf", "8741_104.pdf" ]	{"8741_102.pdf": "News / Press Release Share on Republican Leaders Question NIH\u2019s Handling of Sexual Harassment Complaints Aug 10, 2021 Washington, D.C. \u2014 House Energy and Commerce Committee Republican Leader Cathy McMorris Rodgers (R-WA) and Subcommittee on Oversight and Investigations Republican Leader Morgan Griffith (R-VA) sent a letter Monday to National Institutes of Health (NIH) Director Francis Collins regarding the agency\u2019s handling of sexual harassment complaints about an oncologist who served in leadership roles on committees. Excerpts from the letter: \u201cThe Cancer Letter recently reported that Dr. Axel Grothey, a prominent gastrointestinal oncologist, was reprimanded in 2020 by medical licensure boards in three states for engaging in unethical sexual relationships with two female colleagues, both in mentorship relationships with Dr. Grothey, when he was employed at Mayo Clinic Rochester (\u201cMayo\u201d), his long-time employer. Despite these three reprimands that were publicly available in 2020, Dr. Grothey held his prominent appointment as co-chair of the National Cancer Institute (NCI) Press Release Oversight & Investigations Letter Letter - Oversight and Investigations 3/15/25, 1:10 Republican Leaders Question NIH\u2019s Handling of Sexual Harassment Complaints 1/3 National Clinical Trials Network\u2019s Gastrointestinal Steering Committee, an influential group that reviews ideas for clinical trials and helps determine the priorities in federally funded clinical research in oncology.\u201d \u201cIn his role, Dr. Grothey\u2019s decisions could have adversely impacted the careers of his accusers. Post-graduate medical education follows an apprenticeship model and experienced medical professionals in a supervisory role have tremendous sway over the future of mentees. Rates of sexual harassment, assault, and retaliation in the medical education field far outpace other professional disciplines, according to a 2019 study by the National Academy of Sciences. \u201cIt was not until after?The Cancer Letter?informed officials about Dr. Grothey\u2019s disciplinary record and requested comment that Director Ned Sharpless removed him from the steering committee effective May 27, 2021.\u201d The letter then details that in 2019 two female scientists from Mayo contacted the and the Office of Extramural Research with allegations about Dr. Grothey\u2019s sexual and ethical misconduct out of concern about Dr. Grothey\u2019s impact on them from Dr. Grothey\u2019s position to wield power on a federal level. In both cases, the scientists received inadequate responses from and the NIH. Citing the Anti-Sexual Harassment Policy for Awardee Organizations website, Leader Rodgers and Subcommittee Leader Griffith ask Dr. Francis Collins to answer the following questions by August 30, 2021: 1. What was the NCI\u2019s and the NIH\u2019s policy and process in 2019 for handling sexual harassment complaints about individuals outside of serving in leadership roles on committees? Was the approach uniform across all of or was it institute/center-specific? 2. What is the NCI\u2019s and the NIH\u2019s policy and process currently for handling sexual harassment complaints about individuals outside of serving in leadership roles on committees? Is the approach uniform across all of or is it institute/center-specific? 3. If there is no policy and process in this area, what actions, if any, will be taken to establish policy and processes for such complaints? 4. What obligations do professionals have immediately to report to any complaints and reprimands involving sexual harassment or unethical conduct for those who hold leadership roles such as steering committees? 5. Do you agree with the removal action that Dr. Sharpless took on May 27, 2021 to read the letter to Dr. Collins. 3/15/25, 1:10 Republican Leaders Question NIH\u2019s Handling of Sexual Harassment Complaints 2/3 Share on Committee on Energy & Commerce 2125 Rayburn House Office Building Washington, D.C. 20515 Main: (202) 225-3641 Press: (202) 226-4972 Minority Website Privacy Accessibility 3/15/25, 1:10 Republican Leaders Question NIH\u2019s Handling of Sexual Harassment Complaints 3/3", "8741_104.pdf": "Nick Mulcahy June 07, 2021 new survey of sexual harassment among oncologists has found that 70% reported incidents from peers and/or supervisors in the previous 12 months. The incidence was higher among women than men (80% vs 56%), a difference that was statistically significant < .0001). However, after experiencing sexual harassment from co-workers, men and women were alike in terms of reporting similarly negative outcomes in mental health, sense of safety, and turnover intentions (eg, leaving or quitting). Dr Ishwaria Subbiah \"Our findings demonstrate that the impact of sexual harassment on both men and women is tangible and is not different,\" said lead author Ishwaria Subbiah, MD, a medical oncologist at the University of Texas Anderson Cancer Center, in Houston, Texas, during her presentation of the study on June 5 at the American Society of Clinical Oncology (ASCO) 2021. The meeting was held virtually because of the pandemic. \"The survey's recall period [about harassment] was in the previous 12 months. The respondents weren't reflecting on a lifetime of events,\" Subbiah told Medscape Medical News. \"That's part of what makes the findings that much more sobering.\" The release of the survey results roughly coincided with a furor within oncology circles over details that have now come to light about Axel Grothey, MD, a high-profile medical oncologist who was forced out of the Mayo Clinic in Rochester, Minnesota, after having unethical sexual relations with mentees \u2015 only to move on to another major center with more mentees. The new survey, which included 153 women and 118 men, was conducted in 2020. Overall, 69% of respondents reported gender-based harassment, 17% reported unwanted sexual attention, and 3% reported sexual coercion from peers/supervisors. For the three types of sexual harassment, women reported higher rates of incidence; the greatest proportional disparity was in unwanted sexual attention (22% of women vs 9% of men). The types of sexual harassment are defined in a landmark 2018 report from the National Academies of Sciences, Engineering, and Medicine. Gender harassment is nonverbal or verbal behaviors that are hostile, objectifying, and excluding of or conveying second-class status about a gender. Unwanted sexual attention is advances, including touching, and seeking a sexual relationship despite discouragement. Sexual coercion involves seeking compliance with sexual demands by making job-related threats or promising job-related benefits. The commonality in the three harassments is their being \"unwanted,\" Subbiah explained. Sexual harassment is a tool of power that one person yields over another. Dr Marina Stastenko Another commonality is that \"sexual harassment is a tool of power that one person yields over another,\" commented Marina Stasenko, MD, a gynecologic oncologist at Langone's Perlmutter Cancer Center in New York City. Stasenko led a 2018 study that found that 64% of gynecologic oncologists reported sexual harassment during training or practice, a much longer recall period than the 1 year in Subbiah's study. In Previous Year, 70% of Oncologists Reported Sexual Harassment Firefox 1 of 3 12/8/2021, 8:09 However, things may be changing regarding sexual harassment \u2015 at least in terms of victims speaking out, said Stasenko. Perhaps discussing personal experience \"is becoming less taboo,\" she told Medscape Medical News. \"The media spotlight on sexual harassment within medicine has been bright [recently].\" That was borne out last week \u2015 a number of oncologists who had been harassed told their stories on Twitter in reaction to the report about Grothey at one of America's top medical centers. Also, in another sign of the moment, an academic oncologist publicly said that rumors about Grothey were long-standing. \"Heard from many colleagues that this behavior was known in the field and went on for years. Years,\" tweeted Charu Aggarwal, MD, MPH, from the University of Pennsylvania, in Philadelphia Pennsylvania. Other outcomes seem to make Grothey's behavior at Mayo, which multiple oncologists said has occurred at every center, a watershed moment. Namely, he has been muted or dismissed by an array of organizations since the story broke disallowed Grothey from making presentations at the annual meeting (he was an author on 12 studies), the National Cancer Institute removed him from his position as co-chair of an influential steering committee that helps determine grant funding for research, and the OneOncology community care network dropped him as medical director of their research arm, as reported by The Cancer Letter. He was also removed from the OncoAlert Network, a global network of oncology professionals, and from the medical advisory board of Fight CRC, an advocacy group for patients with colorectal cancer, as reported by Medscape Medical News. His current employer, West Cancer Center, in Germantown, Tennessee, has also started an investigation. In her presentation, Subbiah acknowledged a changing landscape, with \"increasing attention in recent years\" to sexual harassment thanks to the \"broader cultural movements\" of #metoo and social media-based campaigns. Another oncologist nodded to the recent news about Grothey at the Mayo Clinic and suggested Subbiah's study was part of a historic struggle for equity for women. \"Sadly, both timely and timeless,\" tweeted medical oncologist Tatiana Prowell, MD, of Johns Hopkins University, in Baltimore, Maryland, about the new study. Academia Has a Problem To conduct their survey, Subbiah and her co-investigators reached out to 1000 randomly selected members of via the organization's research survey pool, as well as through Twitter and Facebook. The invitation to participate described the survey as being about the \"workplace experience of oncologists\" and that it aimed to mitigate response bias. Of the 271 survey respondents, 250 were oncologists in practice and 21 were residents/fellows. Nearly all were heterosexual (94%) and citizens (87 majority (53%) were White, 35% were Asian/Pacific Islander, and 11% were Black or Hispanic. Most (68%) were more than 5 years out from training. Most of the respondents (62%) were from academia. \"There is a big problem of sexual harassment in academic medicine,\" said Pamela Kunz, MD, of Yale Cancer Center, in New Haven, Connecticut, who was asked for comment. Kunz left Stanford University in 2020 after 19 years, citing repeated harassment. \"The institutions tend to protect the brand rather than the victim. Perpetrators are often not disciplined and may leave an institution under cover of a resignation only to go on and receive a better leadership role at another institution,\" she told Medscape Medical News \"revolution\" is needed to address the problem, Kunz said, citing needs to routinely discuss the topic, systems to measure and track it, methods to hold perpetrators accountable, and meaningful educational opportunities. Harassment From Patients/Families Also Tallied The new survey also queried participants with regard to sexual harassment from patients and/or families, which was reported by 67% of women and 35% of men < .0001). As with harassment from peers/supervisors, gender harassment was the most common form and was reported by significantly higher percentages of women. And as with co-workers, sexual harassment from patients/families was also significantly associated with detriments to mental health, workplace safety, and turnover intentions. Sexual harassment from \"insiders = .001) but not patients = .55) was significantly associated with a decrease in a fourth metric in the study \u2015 job satisfaction. Firefox 2 of 3 12/8/2021, 8:09 \"The goal of medicine and oncology is 'ultimately to ease suffering,' \" Subbiah said. That holds true for workplace wellness, including addressing harassment. \"There should be no hesitation to go there and look at what is truly impacting the workplace,\" she said. \"This is a difficult topic,\" Subbiah acknowledged, adding that \"the findings are sobering and merit open, global conversation among all oncology stakeholders.\" The study authors, Ganz, and Stasenko have disclosed no relevant financial relationships. American Society of Clinical Oncology (ASCO) 2021: Abstract 11001. Presented June 4, 2021. Nick Mulcahy is an award-winning senior journalist for Medscape. He previously freelanced for HealthDay and MedPageToday and had bylines in WashingtonPost.com, MSNBC, and Yahoo. Email: [email protected] and on Twitter: @MulcahyNick. For more news, follow Medscape on Facebook, Twitter, Instagram, and YouTube. Medscape Medical News \u00a9 2021 Send news tips to [email protected]. Cite this: In Previous Year, 70% of Oncologists Reported Sexual Harassment - Medscape - Jun 07, 2021. Firefox 3 of 3 12/8/2021, 8:09"}
7,387	Herminio Diaz	Inver Hills Community College	[ "7387_101.pdf" ]	{"7387_101.pdf": "By By \| \| [email protected] [email protected] \| Pioneer Press \| Pioneer Press UPDATED: UPDATED: November 14, 2015 at 6:29 November 14, 2015 at 6:29 St. Paul woman is suing Inver Hills Community College and a former music St. Paul woman is suing Inver Hills Community College and a former music professor, claiming that he harassed and molested her and that the college professor, claiming that he harassed and molested her and that the college did little to investigate her grievance. did little to investigate her grievance. The lawsuit was filed last month in Dakota County but was moved to U.S. The lawsuit was filed last month in Dakota County but was moved to U.S. District Court last week at the college\u2019s request. Two of the 10 counts claim District Court last week at the college\u2019s request. Two of the 10 counts claim the school violated Title IX, a federal statute barring sexual harassment or the school violated Title IX, a federal statute barring sexual harassment or discrimination in educational institutions that receive federal funding. discrimination in educational institutions that receive federal funding. The school\u2019s legal counsel referred all questions to the state attorney The school\u2019s legal counsel referred all questions to the state attorney general\u2019s office, which represents Minnesota State Colleges and Universities general\u2019s office, which represents Minnesota State Colleges and Universities in litigation spokeswoman for MnSCU declined to comment. in litigation spokeswoman for MnSCU declined to comment. Angela M. Van Auken began working toward a paralegal degree in May 2005 Angela M. Van Auken began working toward a paralegal degree in May 2005 by enrolling in summer classes on the Inver Grove Heights campus. She by enrolling in summer classes on the Inver Grove Heights campus. She completed \u201cThe History of Rock and Roll\u201d to fulfill a liberal arts requirement completed \u201cThe History of Rock and Roll\u201d to fulfill a liberal arts requirement and received an in the class. and received an in the class Twin Cities / Woman sues college Twin Cities / Woman sues college alleging harassment alleging harassment $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! \ue800 \ue800 28/02/2025, 18:56 Twin Cities / Woman sues college alleging harassment \u2013 Twin Cities 1/22 The top grade came at a steep price, according to the lawsuit. She maintains The top grade came at a steep price, according to the lawsuit. She maintains that Herminio Diaz, a longtime music professor, locked her in a classroom and that Herminio Diaz, a longtime music professor, locked her in a classroom and tried to kiss her while grabbing her wrists and invited her to a motel room. tried to kiss her while grabbing her wrists and invited her to a motel room. The suit also alleges he invited her to his office to see a letter of reference, The suit also alleges he invited her to his office to see a letter of reference, then groped her. then groped her. Van Auken, 38, maintains she filed a grievance with the college July 20, 2005, Van Auken, 38, maintains she filed a grievance with the college July 20, 2005, but received a letter a week later from Julie Jones, the school\u2019s human but received a letter a week later from Julie Jones, the school\u2019s human resources director and grievance investigator, indicating the investigation was resources director and grievance investigator, indicating the investigation was closed. Diaz, then 63, had resigned July 26. closed. Diaz, then 63, had resigned July 26. Van Auken\u2019s attorney said the decision to drop the investigation violated the Van Auken\u2019s attorney said the decision to drop the investigation violated the school\u2019s grievance process. school\u2019s grievance process. \u201cYou\u2019ve got to talk to other witnesses, other students,\u201d Christopher Walsh \u201cYou\u2019ve got to talk to other witnesses, other students,\u201d Christopher Walsh said. \u201cYou have to make findings. You have to determine, did sexual said. \u201cYou have to make findings. You have to determine, did sexual harassment happen? Did it not? You can\u2019t just throw up your hands and say, harassment happen? Did it not? You can\u2019t just throw up your hands and say, well, he resigned. They cut short the process.\u201d well, he resigned. They cut short the process.\u201d The school\u2019s marketing manager and other employees said that Jones is no The school\u2019s marketing manager and other employees said that Jones is no longer employed at the college but that they were unaware of the longer employed at the college but that they were unaware of the circumstances surrounding her departure. circumstances surrounding her departure. Diaz did not return calls made to his home phone. Diaz did not return calls made to his home phone. Diaz\u2019s attorney, Howard L. Bolter, declined to comment on the litigation. In a Diaz\u2019s attorney, Howard L. Bolter, declined to comment on the litigation. In a legal answer to the lawsuit, Diaz maintained that he had a consensual sexual legal answer to the lawsuit, Diaz maintained that he had a consensual sexual relationship with Van Auken and that she never resisted his advances. relationship with Van Auken and that she never resisted his advances. Read More Read More 00:15 00:15 02:00 02:00 $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! \ue800 \ue800 28/02/2025, 18:56 Twin Cities / Woman sues college alleging harassment \u2013 Twin Cities 2/22 Originally Published: Originally Published: August 7, 2007 at 11:01 August 7, 2007 at 11:01 Van Auken dropped out of Inver Hills \u201cdue to false perceptions of her Van Auken dropped out of Inver Hills \u201cdue to false perceptions of her character\u201d among her classmates and the perception she was \u201ctrading sex for character\u201d among her classmates and the perception she was \u201ctrading sex for grades.\u201d She has been unable to find a comparable degree program with grades.\u201d She has been unable to find a comparable degree program with similar tuition, according to the suit. similar tuition, according to the suit. The suit seeks undetermined damages in excess of $50,000. The suit seeks undetermined damages in excess of $50,000. The college\u2019s 90-acre campus hosts about 5,400 students per semester, about The college\u2019s 90-acre campus hosts about 5,400 students per semester, about 60 percent of them female, and half of the student population is older than 60 percent of them female, and half of the student population is older than the traditional college age. the traditional college age. Frederick Melo can be reached at [email protected] or 651-228-2172. Frederick Melo can be reached at [email protected] or 651-228-2172. The Evening Dispatch: The Evening Dispatch: Get caught up on the latest headlines from the Get caught up on the latest headlines from the Pioneer Press, delivered every evening. Pioneer Press, delivered every evening. Email address By signing up, you agree to our By signing up, you agree to our Terms of Use Terms of Use, , Privacy Policy Privacy Policy, and to receive emails , and to receive emails from The Pioneer Press. from The Pioneer Press. 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7,837	Garland Anderson	University of Texas Medical Branch	[ "7837_101.pdf", "7837_102.pdf", "7837_103.pdf", "7837_101.pdf", "7837_103.pdf", "7837_102.pdf", "7837_101.pdf", "7837_103.pdf", "7837_102.pdf" ]	{"7837_101.pdf": "This is more than 10 years old. Panel: No harassment culture at medical branch By Associated Press Saturday, May 3, 2014 GALVESTON, Texas panel has concluded the behavior of two former high-ranking executives at a medical campus in southeast Texas did not rise to the level of sexual harassment. The University of Texas Medical Branch had come under scrutiny after accusations were made by female employees against Dr. Garland Anderson - the former executive vice president, provost and dean of medicine - and William R. Elger, who is the former chief financial officer, The Galveston County Daily News reported ( ) Saturday woman accused Elger of improper comments and behavior, including suggesting over lunch that she unbutton her blouse in exchange for vacation time, as well as kissing her on the lips on two separate occasions. She also accused in Galveston of ignoring her complaints female member of Anderson\u2019s executive team accused him of using his powerful position to stalk and attempt to coerce her into an inappropriate romantic relationship. Both women settled their cases with medical branch for $200,000 each under confidential agreements. Elger, who resigned Sept. 16, kept his $581,400 yearly salary and \u201capplicable longevity pay\u201d for a new position as special adviser to the president. Elger, 64, was to be special adviser to the president until Aug. 31 or until he was re- 3/15/25, 12:21 Panel: No harassment culture at medical branch - Washington Times 1/6 employed, according to the settlement agreement, but he left the campus Nov. 30. Anderson resigned his $619,109 a year post in August 2011 and took what the medical branch characterized as a sabbatical. He returned as a special adviser to the president earning $525,000 a year. The seven-member panel determined does not have a pervasive culture of sexual harassment. But it recommended the medical branch revise its policies to encourage employees to file such complaints within 30 days to prevent ongoing misconduct President Dr. David L. Callender said the medical branch was known for a friendly culture, and that came with downsides, including people forming close relationships and feeling comfortable speaking too casually or saying things inappropriate for the workplace. \u201cWe need to take a look at the culture and be cautious we don\u2019t fall into a trap,\u201d Callender said. Callender\u2019s decision to keep Anderson on as a special adviser after the settlement was reasonable, the panel concluded. But bestowing title of \u201cSpecial Adviser to the President\u201d denoted favoritism, according to the report 3/15/25, 12:21 Panel: No harassment culture at medical branch - Washington Times 2/6 The panel also looked at how the medical branch handled public information requests related to the cases. The medical branch fought requests by the newspaper for case documents. \u201cWhile the panel concluded that acted within the limits of privacy rules and public disclosure laws, there is room for refining our processes and how we communicate our actions,\u201d Callender said in a letter to students Friday. ___ Information from: The Galveston County Daily News, Copyright \u00a9 2025 The Washington Times, LLC. Please read our comment policy before commenting 3/15/25, 12:21 Panel: No harassment culture at medical branch - Washington Times 3/6 3/15/25, 12:21 Panel: No harassment culture at medical branch - Washington Times 4/6 3/15/25, 12:21 Panel: No harassment culture at medical branch - Washington Times 5/6 3/15/25, 12:21 Panel: No harassment culture at medical branch - Washington Times 6/6", "7837_103.pdf": "1 \u2013 April 28, 2014 The Committee was appointed by Dr. David Callender with the purpose of reviewing the institution\u2019s recent handling of executive reassignments, more specifically, that of Dr. Garland Anderson and Mr. William Elger. We were asked to review management\u2019s actions for their appropriateness relative to current law, standards and management practices for organizations such as UTMB. The Committee perceived its charge to be: \uf0b7 Review management actions including release of public information in the reassignments of Dr. Anderson and Mr. Elger; \uf0b7 make recommendations of how to handle these types of issues going forward; and \uf0b7 make recommendations that will assist in managing difficult personnel decisions with transparency. Our findings and recommendations follow A. Garland Anderson 1. Investigation The complainant lodged a complaint in February of 2011 about remarks made to her beginning in May of 2010 that made her feel uncomfortable. The complaint alleged no actions of inappropriate touching or sexual advances, but inappropriate comments and remarks. An investigation was launched immediately. Dr. Anderson, the complainant and numerous other employees were interviewed. The thorough investigation was concluded and a report submitted on May 5, 2011. The investigation determined that no sexual harassment had occurred. Dr. Anderson was counseled not to ask personal questions or to make personal remarks that the complainant had found offensive. Dr. Anderson complied and no further such remarks or questions were reported. 2. Business decisions made after the investigation a. Decision to settle The complainant retained legal counsel and filed a complaint with Equal Employment Opportunity Commission that generally paralleled her original sexual harassment claim business decision was made to enter into a settlement with the complainant; an agreement was negotiated with her and a payment was made. Several members of the committee felt that the payment made to effect the settlement was excessive relative to the magnitude of the initial 2 complaint; however, the committee agreed that the decision to settle was a reasonable exercise of business judgment to avoid the disruption, expense and risk of protracted litigation. b. Decision regarding Dr. Anderson\u2019s removal from leadership Although sexual harassment was not found, Dr. Callender felt Dr. Anderson\u2019s leadership ability had been compromised and that he could no longer be effective in his roles as Executive Vice President, Dean of the School of Medicine and Provost. Senior administrative appointments can be terminated by the President independent of any faculty appointment held by that individual. Dr. Anderson was a tenured faculty member. Based on the results of the investigation, there appeared to be no legal grounds to terminate him from his faculty position. c. Decision regarding Dr. Anderson\u2019s continuation of employment Because there were no grounds to remove Dr. Anderson from his tenured faculty position, Dr. Callender\u2019s decision to retain Dr. Anderson was reasonable. However, Dr. Anderson should not have been given the title \u201cSpecial Advisor to the President.\u201d The title of \u201cSpecial Advisor\u201d denotes favoritism as it was not descriptive of Dr. Anderson\u2019s new role. Dr. Anderson\u2019s new position/title and salary should have included a specific job description that reflected the nature of his responsibilities and expected contributions. B. William Elger 1. Investigation a. Because the Human Resources Department (HR) reported to Mr. Elger it was inappropriate to have conduct the investigation. Therefore, the Office of Institutional Compliance (OIC), rather than HR, conducted this investigation. Unlike investigations conducted by HR, proceedings and results of investigations conducted by the may not be disclosed pursuant to Texas Health and Safety Code Ann. \u00a7 161.032 (c). b. The extent of information available to the committee was therefore more limited. Available evidence indicates complaints of sexual harassment arose during a review of employee dynamics within Mr. Elger\u2019s administrative office. The complainant alleged two unwanted kisses and several suggestive comments which crossed professional boundaries. These allegations were investigated in a timely manner, and a status update was provided to System Office of General Counsel. According to law, no conclusions or findings of the (OIC) investigation can be made public. 2. Business decisions made after the investigation 3 a. Decision to terminate complainant During the time the investigation was ongoing, certain facts became known that led to the complainant being terminated for reasons unrelated to the sexual harassment investigation. After a review of the facts, it appeared to the committee that the complainant was terminated for legitimate reasons and was not subjected to retaliation. b. Decision to settle The complainant retained legal counsel and threatened to institute legal action against UTMB. Following that, a settlement was negotiated with the complainant and a payment made. In light of the circumstances and information discovered, the decision to enter into a settlement agreement with the complainant appeared to be a reasonable exercise of business judgment to avoid the disruption, expense and risk of protracted litigation and was based on an appropriate cost/benefit analysis. c. Decision regarding Mr. Elger\u2019s continuation of employment Initially, Dr. Callender believed continuing Mr. Elger\u2019s employment on an interim basis to assist with the transition was in the best financial interest of UTMB. However, after further consideration and consultation with others, it was decided to shorten the interim period of Mr. Elger\u2019s service. 4 1 should release this Committee\u2019s written findings and recommendations. 2 should make a concerted effort to improve its internal and external communications. There appears to be a perception that complaints are received, ignored and not investigated, which the Committee did not find to be true in these two cases. The results of investigations should be communicated to employees and the public to the extent allowed by law and privacy considerations. The employees should be made aware that as a check and balance System requires that all allegations of sexual misconduct should be reported by Office of Institutional Compliance to the System Office of General Counsel and updates are provided until the investigation is concluded. 3. The Committee concluded that these two instances were examples of a lack of professionalism on the part of the individuals involved rather than indicative of a culture of sexual harassment throughout the Institution. Consequently should offer additional training to employees and executives on dealing with situations of sexual harassment and lack of professionalism and how to report same. This training should be targeted and mandatory. Executives and upper management should receive additional training beyond that provided to non executive employees. 4. Sexual Harassment and Misconduct Policy should be revised to consider the following: a. The policy should be revised to reflect the situations where is unable to conduct the investigation (e.g., when or its reporting structure has been implicated). Included in the policy should be information regarding the various checks and balances, including the fact that complaints of sexual misconduct must be reported to the System Office of General Counsel and updates are provided until the investigation is concluded. b. Employees should be encouraged to file complaints of sexual harassment or discrimination within 30 days as a means of preventing ongoing misconduct and facilitating a full and fair investigation. 5. The Committee recommends that in response to a public request for information regarding sexual misconduct claims, the following response should be considered: It is UTMB\u2019s policy to investigate all complaints of discrimination or harassment promptly will attempt to protect the confidentiality and privacy of all employees and to preserve the integrity of the investigation will comply with all requests for information in accord with applicable regulations from the System and state law. In addition, pursuant to the policy of the System, all sexual misconduct complaints must be reported by UTMB\u2019s Office of Institutional Compliance to the Office of General Counsel of the System. 6. Positions should be descriptive of the responsibilities and expectations of the role. Terms such as \u201cSpecial Advisor to the President\u201d and similar generic terms should not be used.", "7837_102.pdf": "archive.today webpage capture Saved from no other snapshots from this url search 17 Mar 2025 22:47:53 All snapshots from host kdhnews.com share download .zip report bug or abuse Buy me a coffee Webpage Screenshot Log In Manage Service 83\u00b0 83 News Pressbox Obituaries Living Classifieds Special Sections Best in Central Texas Winners Jobs Central Texas Marketplace Deals Opinion Advertise With Us Panel: No harassment culture at medical The Associated Press May 4, 2014 panel concluded the behavior of two former high- ranking executives at a medical campus in southeast Texas did not rise to the level of sexual harassment. The University of Texas Medical Branch had come under scrutiny after accusations were made by female employees against Dr. Garland Anderson \u2014 the former executive vice president, provost and dean of medicine \u2014 and William R. Elger, who is the former chief financial officer, The Galveston County Daily News reported Saturday woman accused Elger of improper comments and behavior, including suggesting over lunch that she unbutton her blouse in exchange for vacation time, as well as kissing her on the lips on two separate occasions. She also accused in Galveston of ignoring her complaints female member of Anderson\u2019s executive team accused him of using his powerful position to stalk and attempt to coerce her into an inappropriate romantic relationship. Both women settled their cases with the medical branch for $200,000 each under confidential agreements. Elger, who resigned Sept. 16, kept his $581,400 yearly salary and \u201capplicable longevity pay\u201d for a new position as special adviser to the president. Elger, 64, was to be special adviser to the president until Aug. 31 or until he was re- employed, according to the settlement agreement, but he left the campus Nov. 30. Anderson resigned his $619,109 a year post in August 2011 and took what the medical branch characterized as a sabbatical. He returned as a special adviser to the president earning $525,000 a year. Today's e-Edition Tags University Of Texas Medical Branch Geography Of Texas Greater Houston Garland Anderson Texas Galveston Texas William R. Elger Anderson The Associated Press Follow The Associated Press \u00c2\u00a9The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. Poll Do you think the Killeen Independent School District should prioritize the use of metal detectors at all secondary campuses? Most Popular 1. Girl accused of stabbing fellow student was bullied, says father 2. Student killed in stabbing at Killeen school 3. GoFundMe set up for 14-year-old girl killed at Killeen middle school 4. KISD: Student had 3.5-inch knife; weapons detection system was not functioning at local school 5. GoFundMe accounts set up for victims of Sunday\u2019s single-car accident 6. Fort Cavazos warrant officer charged with sexual assault of a child, domestic abuse 7. Killeen police officers apprehend felon, seize two handguns, marijuana and cash 8. 'No retaliation' message from police chief as family, friends hold memorial 9. Killeen area saw numerous business openings and closings in 2024; others to open this year 10. Mediterranean restaurant moves to Killeen Follow us on Facebook Vote View Results 1. Yes. It will be an added expense, but if they stop just one weapons incident, it\u2019s worth it. 2. Yes. They must be used at all entrances and exits to prevent further tragic altercations. 3. No. Mandating metal detectors is good theoretically, but it\u2019s impractical and expensive. 4. No. Trying to control student behavior through weapons monitoring is not workable. 5. Unsure. It\u2019s hard to say. It seems like a good idea, but it also has a lot of drawbacks. Articles Images Commented Killeen Daily Herald Killeen Daily Herald 55,993 followers 55,993 followers Follow Page Share Blogs Business Columns Crime Local Events Living Military News Obituaries Opinion Sports Online Features Sections Subscribe Submission Forms Classifieds Email Alerts Search Weather Gallery Careers With Us Services kdhnews.com Box 1300 Killeen 76540 Phone: 254-634-2125 Email: [email protected] Contact Information \u00a9 Copyright 2025 Killeen Daily Herald Box 1300, Killeen \| Terms of Use \| Privacy Policy Powered by Content Management System from Digital."}
7,480	James David Christie	Oberlin College and Conservatory	[ "7480_101.pdf", "7480_102.pdf", "7480_103.pdf", "7480_104.pdf", "7480_105.pdf", "7480_102.pdf", "7480_102.pdf" ]	{"7480_102.pdf": "The Oberlin Review \u2022 September 7, 2018 \u2022 resign-after-sexual-misconduct/ Oberlin Professors Resign After Sexual Misconduct Eilish Spear Two Oberlin Conservatory professors resigned last month following allegations of repeated sexual misconduct involving students. World-renowned organist James David Christie, chair of the Organ Department, and Robin Eubanks, associate professor of Jazz Trombone and Jazz Composition, were accused of violating Oberlin\u2019s Sexual Misconduct Policy after Oberlin\u2019s Title office received reports against both men. Dean of the Conservatory Andrea Kalyn notified Conservatory staff and students of the accusations and subsequent resignations in an email Aug. 23, stating, \u201cThe work of Oberlin College and Conservatory is predicated on the principles of respect, equity, and inclusion; these are core to our daily endeavor and critical to the wellbeing of our community.\u201d Christie\u2019s case expanded in the nationial news and had drawn worldwide attention. The email came just days after the Organ Department was notified of Christie\u2019s resignation. The initial email did not include any information as to why the revered professor was leaving unexpectedly. Within hours of Christie\u2019s resignation announcement, The Boston Globe published an investigation into Christie\u2019s relationship with students at Oberlin and another institution, the College of the Holy Cross, in Worcester, MA, where Christie was a former faculty member. While the accusations regarding behavior at Oberlin were not criminal, those described by the Globe were more severe. Christie was an influential and powerful member of Oberlin\u2019s Organ Department and the organ world at large. Christie performed as Wellesley\u2019s organist and with the Boston Symphony for decades. He performs nearly 60 times a year \u2014 far more frequently than the average organist. \u201cHe was the ultimate teacher,\u201d said Conservatory sophomore Matthew Dion, a former student of Christie\u2019s. \u201cHe\u2019s regarded as probably one of the world\u2019s most amazing pedagogues and performers. He did everything.\u201d \u201cIf [Oberlin] is in the top 15 conservatories in the U.S., it\u2019s number one in organ. And in nearly the entire world,\u201d added Conservatory junior Tigran Buniatyan, another former student of Christie\u2019s. Originally from Armenia, Buniatyan is a trained musicologist and was working as a professional organist when he was offered a spot in Christie\u2019s studio left everything to study with him never thought could go study here was 25 or 24, and then there\u2019s probably the only person in the world who could just say he\u2019s taking me to his class and would drop everything.\u201d Dion said that Christie had a history of blurring crucial boundaries with students, with a reputation for involving himself in almost every aspect of his student\u2019s lives \u2014 from music to housing arrangements. Mallika Pandey Oberlin students and community members recently learned that world-renowned organist and Chair of the Organ Department James David Christie resigned following allegations of longstanding sexual misconduct emerged. Organists on campus regularly practice and perform at Finney Chapel\u2019s historic C.B. Fisk pipe organ. \u201cThe thing with Jim [Christie] was he was a teacher, but he was also a friend,\u201d Dion said. \u201cIt was hard to separate the two when he got too involved,\u201d Buniatyan added. Conservatory students often rely on their mentors to help secure a future in the industry. At Oberlin Conservatory, and in classical music conservatories across the world, students meet with their teacher every week for several hours of individualized attention and small class work. \u201cIn music, you have this person that\u2019s guiding you not just technically, but also teaching you to express yourself,\u201d said double- degree senior and pianist Natasha Gwirceman. \u201cYou\u2019re given this instrument and you have to express all the feelings of life and love and passion and sex and death and everything, and this person is there to teach you that when you\u2019re 18. Christie is the best organist in the country. If you study with him, he could make your career. As an undergraduate, this guy could set you up for life.\u201d For many Conservatory students, it was a struggle to reconcile the professor they knew with the predator depicted in The Boston Globe article and victim accounts. \u201cHe gave me everything. He gave me the opportunity to come to Oberlin. Of course earned it by working hard and practicing. But he gave me the opportunity and the chance to do something with my life in this field,\u201d Dion said. \u201cIt was probably one of the most transformative years of my life.\u201d \u201cThe biggest struggle for me over the last two weeks has been to try to separate the man that knew with the man who did the things that he did,\u201d Dion continued. Both Dion and Buniatyan expressed frustration over what they see as the destruction of Christie\u2019s legacy in light of the allegations. \u201cHe\u2019s still the greatest organist in the entire [country think. People are taking that away from him, but they can\u2019t take that away. It doesn\u2019t have anything to do with anything mean, if he\u2019s a great organist, he\u2019s still a great organist,\u201d said Buniatyan \u201cThis guy went from being the greatest teacher in the world to nothing,\u201d Dion added. Conservatory students often develop a strong bond with their professors and are reliant on their guidance. \u201cOur work within the Conservatory is particularly dependent on a culture of trust, which is the foundation of every studio and classroom interaction, every ensemble, every artistic and intellectual risk, and certainly every performance,\u201d said Kalyn in a school- wide email. \u201cAs dean take most seriously the responsibility to provide our students with a safe and inclusive learning environment, free from harassment and discrimination, as the relationship between student and teacher is a sacred trust that must be honored, protected, and upheld if we are to execute our fundamental educational mission,\u201d Kalyn said. President Carmen Ambar similarly reinforced these values in an email. \u201cAll of us at Oberlin remain committed to a fair, unbiased, and exhaustive search for the facts,\u201d she wrote. \u201cAnd we insist that all members of the Oberlin community \u2014 especially those who wield power and influence \u2014 live up to the highest standards of integrity.\u201d In light of the allegations, the Conservatory will be requiring all faculty and staff to attend Title trainings by fall break. \u201cAll conservatory faculty and staff will have completed required Title training by fall break, the Conservatory Division Directors and Conservatory Faculty Council have voted to require that all studio and office windows be unobstructed, and conversations have started about how we can better create a community where professional misconduct does not occur,\u201d Kalyn said. Oberlin Conservatory, with far more access to Title and other support resources than many conservatories because of its connection to the College, is in a unique position to set a precedent for others to follow in the response to allegations of this nature. The new developments have made some Conservatory students look into the relationship between power and abuse. \u201cAnytime there\u2019s one individual who can make or break your career,\u201d Gwirceman said, \u201cit seems like the perfect place for [abuse]. You have this very intimate relationship with this person because they are your mentor. They are a god, and they make you as a musician.\u201d"}
8,865	Colin Perry	California State University - Sonoma	[ "8865_101.pdf", "8865_102.pdf", "8865_103.pdf" ]	{}
7,637	Andrew Simmons	University of California ‚Äì Irvine	[ "7637_101.pdf", "7637_102.pdf" ]	{}
8,921	Richard Juliano	California State University - Fullerton	[ "8921_101.pdf", "8921_101.pdf" ]	{"8921_101.pdf": "Date(s) of Incident Complainant Status Respondent Name Respondent Position Summary of Substantiated Allegation(s) Outcome Multiple dates in 2016; investigation finalized on 1/19/2017 Staff Raymond Juanico Staff Respondent found responsible for Sexual Harassment in relation to text messages sent and gifts given to Respondent issued on 9/16/17. 12/4/2019 Student Richard Juliano Lecturer (part- time) Respondent touched, massaged and slapped Complainant's buttocks during Kinesiology class massage demonstration without Complainant's affirmative consent, thus constituting Sexual Misconduct. Employee was suspended for one semester. March 29, 2019 Student Lidia Nuno Faculty Respondent did not timely honor student\u2019s educational accommodation based on disability. Employee is not currently on contract but submitted a voluntary resignation with an effective date of 8/16/2022. July 19, 2018 Staff Megan Otero Staff Respondent used a racial slur issued on 11/13/2018. Multiple incidents; investigation finalized on 7/11/2017 Staff John Smith Staff Respondent rubbed Complainant's shoulders and kissed Complainant's neck without Complainant's affirmative consent, thus constituting Sexual Misconduct. Employee was placed on Temporary Suspension on 3/16/2017. Employee received notice of investigation outcome and resigned from his position with the University on 6/29/2017. Multiple incidents; investigation finalized on 10/5/2016 Staff John Smith Staff Respondent viewed pornographic/nude images on University computer and gave Complainant a photo of two nude women. Letter of Reprimand issued 1/24/2017"}
7,256	Shaun Kelly	California Polytechnic State University	[ "7256_101.pdf", "7256_101.pdf" ]	{"7256_101.pdf": "Former professor charged with indecent exposure in library by jon January 11, 2013 The San Luis Obispo District Attorney\u2019s Office charged former bioresource and agricultural engineering (BRAE) professor Shaun Kelly with a misdemeanor of indecent exposure. The San Luis Obispo District Attorney\u2019s Office charged former bioresource and agricultural engineering (BRAE) professor Shaun Kelly with a misdemeanor of indecent exposure. Sara Natividad [email protected] The San Luis Obispo District Attorney\u2019s Office charged former bioresource and agricultural engineering (BRAE) professor Shaun Kelly with a misdemeanor of indecent exposure after witnesses claimed he flashed his genitals in the library this past year. On May 27, 2012,the University Police Department (UPD) was called to the Robert E. Kennedy Library Chief George Hughes said. The officers arrived on the scene and immediately began interviewing potential witnesses and victims, Hughes said. From the information gathered they were able to identify Kelly as a potential suspect, he said. \u201cWe interviewed Mr. Kelly and at that time we didn\u2019t have enough probable cause to make a physical arrest,\u201d he said. The case was then forwarded from the to the District Attorney\u2019s Office. Once the office reviewed the case, it filed charges on Kelly, Hughes said. The was not available for comment. Cal Poly legal counsel Carlos Cordova wrote in an email to Mustang Daily that informed Kelly he should not return to campus. Cal Poly immediately investigated the circumstances surrounding the allegation and served Kelly with a Notice of Pending Disciplinary Action-Dismissal on June 14, 2012, Cordova wrote. \u201cThis is the quickest have seen a discipline served on a faculty member in the 24 years have worked for CSU,\u201d he wrote. Kelly\u2019s teaching assignments were covered by other faculty members and the proposed date for his dismissal was Sept. 10, 2012. However, a collective bargaining agreement provision between and the California Faculty Association prohibited Cal Poly from imposing the disciplinary sanction until the arbitrator heard the case. The hearing was scheduled for Tuesday, but was cancelled when Kelly submitted a letter to Cal Poly stating he was resigning his employment and withdrawing his request for an arbitration hearing. Kelly further stated that his resignation was not admittance to the disciplinary allegations held against him. Head Librarian Anna Gold said the alleged incident had no observable effect on the atmosphere of the library, nor are there any concerns regarding the safety of the library. The use continues to climb and since it is busy, it is very safe, Gold said. maid service \u00a9 2025 Copyright 2022 Mustang Media Group. All rights reservedPowered by Newspack Hi, thanks for sharing April 9, 2013 at 7:34 am"}
8,348	J.P. Anduiza	Olympic College	[]	{}
7,867	John Marder	University of Wisconsin ‚Äì Superior	[ "7867_101.pdf", "7867_102.pdf", "7867_103.pdf", "7867_102.pdf", "7867_103.pdf", "7867_102.pdf", "7867_103.pdf" ]	{"7867_102.pdf": "The Badger Herald \u2022 September 29, 2005 \u2022 case-a-cr/ Audio Coming Soon The Marder case: a crack in academic freedom? by Sundeep Malladi The newest incarnation of a legal battle dating as far back as 1999 could have severe implications on academic freedoms of University of Wisconsin professors. Since then, the case has climbed through the many levels of the Wisconsin legal structure and began oral arguments Tuesday in the Wisconsin Supreme Court. The case of Dr. John Marder, former UW-Superior journalism professor, began in May 1999 when Chancellor Julius Erlenbach filed a total of 18 dismissal charges against Marder. Among the charges were two calls of sexual impropriety, in which Marder allegedly took female students on trips. Committees dismiss termination; regents fire Marder Erlenbach looked to a committee of faculty members to investigate and judge the allegations against Marder. Erlenbach claimed the allegations dated back as far as 1995. The Committee on Faculty Terminations (CFT) found no evidence warranting Marder's dismissal in January 2000. Still, Erlenbach pushed the termination request forward to then System President Katharine Lyall believe the chancellor wanted to impose discipline,\" said then-chair of the Board of Regents' Personnel Matters Review Committee Jonathan Barry. \"That might have been firing, that might have been a process through a faculty committee.\" The remanded Marder's case back to Superior's in November 2000, citing a lack of proper evidence. However, in December 2000, the refused to review the Marder case, again finding charges not worthy of pursuit. Over the course of the early Marder trial, the would vote three times unanimously to dismiss charges. The four members of the voted in March 2000 to discontinue their audit of Marder without dismissing it. The resolution was finally passed on to the full Board of Regents to be voted on. With no new evidence and a total of four separate committees finding no reason for termination, many expected the full board to dismiss Marder's firing for the moment. However, in June 2001, Marder's termination was confirmed when the Board of Regents voted 11-3 for his firing. In most cases, Barry noted, chancellors and faculty generally agree on dismissals. \"The chancellor, notwithstanding the faculty committee's recommendations, still recommended loss of tenure,\" said Barry, who now works for Operation Fresh Start in Madison. \"Typically, [regents] affirm the chancellor.\" Marder case debates procedure Unhappy with the decision, Marder has pursued the issue through several court levels because of discrepancies, which erupted in relation to improper handling of the case. Marder's initial distress was over the lack of heed given to the CFT. According to Marder's attorney, Aaron Halstead, Erlenbach was required to make a written response to the after its unanimous decision to dismiss the charges. Both sides disputed Tuesday in Wisconsin Supreme Court whether the chancellor followed procedure. Wisconsin Deputy Attorney General Jennifer Lattis said the did not want to meet with the chancellor. \"Chancellor Erlenbach consulted with the committee chair,\" Lattis said at Tuesday's hearing. Still, Halstead said there was also concern over the lack of concern given to the PMRC. \"They (the PMRC) studied this at length for months, and the board summarily said, 'Thanks, but no thanks,'\" Halstead said. Marder also questioned certain ex parte meetings to which neither he nor his lawyer were privy. In one such discrepancy, the plaintiff argued the regents might have been influenced by an illegitimate source. In this case, Marder pointed to a 439-mile journey to Milwaukee from Superior on then- Regent Toby Marcovich's private jet. The two were en route to the regents' meeting that resulted in Marder's firing. Marcovich also made the motion to have Marder fired. In addition, regents met in secret with Erlenbach just prior to their announcement of Marder's firing. Still, Lattis argued Tuesday that regardless of whether Marder had been present or not for the hearing, the ruling would have remained the same. \"[In a normal business model] \u2014 always \u2014 the decision-maker meets with the supervisor outside of the presence of the employee,\" Lattis said Tuesday. Faculty groups disagree Throughout the System, faculty and academic staffs have disagreed with the Marder case's handling, citing immense threats to academic freedom. \"If we lose this case, tenure no longer exists in the System, period,\" said The Association of University of Wisconsin Professionals President Ray Spoto. \"You take justice away from one person \u2026 and that sets the precedent. John Wayne Gacy killed 30 people. Even he got a fair process.\" Spoto said he did not believe chancellors would begin firing faculty at will don't want to black the chancellors; it could start with the deans. It could happen anywhere,\" Spoto said. UW-Madison has been home to an especially strong voice during the Marder case with activism from both the Faculty Senate and the Committee for Academic Freedom and Rights. Both the Faculty Senate and have emphasized the misuse of a 1974 court precedent, Safranksy v. The State Personnel Board. In 1974, Paul Safransky was an openly homosexual institutional aid in the Wisconsin Department of Health and Social Service's mental hospital for teenage boys. Safranksy wore make-up to work and openly discussed his homosexuality, though he never engaged in homosexual acts with patients. Courts ruled it was right to dismiss Safranksy, whose lifestyle and image were counter to those of his institution. \"Homosexual-bashing is what it is,\" Spoto said. \"His nature being homosexual made other employees uncomfortable. They fired the guy because he was 'disruptive.'\" The Safranksy case has been used by regents to dismiss a tenured professor without due process in the past president and political science professor Donald Downs said if Safransky is meant to be an adequate test for dismissal, the faculty under System's shared governance policies must first adopt it. \"Former President Katharine Lyall used it after the Marder case [began],\" Downs said. \"Now we suspect there may have been more [Safransky-related dismissals].\" The Faculty Senate passed a resolution Monday asking the American Association of University Professors to investigate the Marder case Associate Secretary Jonathan Knight said so far, the has only shared documents with officials. Knight said the would only engage in an investigation after speaking with System administrators. \"We've been in this business since 1915, and institutions \u2014 time and again \u2014 when it comes to dismissing faculty members, have stumbled,\" Knight said. Solidarity between faculty senates throughout the state has even lead to the talk of a joint faculty senate. Downs said the Faculty Senate would soon call for a representative body of the System that will collectively call for regents to meet and discuss shared governance and due-process matters. \"The potential power is there if we grab it,\" Downs said. Faculty and academic staff also worry about more recent notorious cases in which officials have been portrayed negatively to legislators and the public. Both the Paul Barrows matter as well the revelation of three felons all on university pay did not sit well with many legislators. Faculty fear their shared governance and due-process rights may not be looked at the same. \"The gulf between the university and Legislature is really wide,\" Downs said. \"We need to find a way for our relations to be improved.\"", "7867_103.pdf": "By [email protected] June 12, 2007 at 11:00 \uf064 Share Fired University of Wisconsin-Superior associate professor John Marder keeps sprouting new court actions. The most recent move in the seven-year saga is a case filed in Milwaukee County Circuit Court on Thursday. The case has raised keen interest among other professors, who liken a professor's tenure to union backing. It seeks Marder's return to campus with back pay for violation of Fourteenth Amendment due process rights. It lists as defendants Superior attorney Toby Marcovich, former President of the System Board of Regents, 10 other members of the Board of Regents Chancellor Julius Erlenbach and the Board of Regents. The case is based on recent written and oral depositions of Erlenbach that shed light on comments the chancellor during a June 8, 2001, Board of Regents meeting, which was held just before regents terminated Marder's employment. Neither Marder nor his attorney, Aaron Halstead, were allowed to attend that session Dismissed prof files new lawsuit Fired University of Wisconsin-Superior associate professor John Marder keeps sprouting new court actions. The most recent move in the seven-year saga is a case filed in Milwaukee County Circuit Court on Thursday. The case has raised keen interest... 3/15/25, 12:24 Dismissed prof files new lawsuit - Duluth News Tribune \| News, weather, and sports from Duluth, Minnesota 1/3 During that meeting with regents, Erlenbach provided arguments that he said were undisputed, according to court records. Yet Erlenbach testified he had never read transcripts of hearings that took place to determine if Marder should be fired or not. The Administrative code requires the board's review of Erlenbach's recommendation be limited to facts contained in the record, Marder's lawsuit argues. \"It's like there was a trial that the jury and judges didn't attend,\" Marder said in a Friday e-mail to the Superior Daily Telegram. The dispute began when Erlenbach sought Marder's dismissal in 1999 based on 18 charges ranging from creating disharmony within the communicating arts department to misuse of funds and allegations of sexual harassment. The Personnel Matters Review Committee held a two-day hearing and found there was no reason for dismissal of the tenured associate professor based on those charges. In a subsequent letter to then System President Katharine Lyall, Erlenbach asked the Board of Regents to terminate Marder's employment. The board's Personnel Review Committee reviewed the case and three times found insufficient evidence for the dismissal. But, following the private meeting with Erlenbach, the board voted 11-3 to fire Marder. The 11 regents who voted for the termination are the ones listed in the new lawsuit. Since the firing, Marder has appealed through lawsuits heard in Douglas and Ashland counties and the state Supreme Court. Marder is editor of two central Wisconsin newspapers -- the Cornell Courier and Cadott Sentinel -- but he still owns a home in Superior. David Giroux, spokesman for the System, was unable to comment on the case because it was so new. 3/15/25, 12:24 Dismissed prof files new lawsuit - Duluth News Tribune \| News, weather, and sports from Duluth, Minnesota 2/3 \uf064 Share 3/15/25, 12:24 Dismissed prof files new lawsuit - Duluth News Tribune \| News, weather, and sports from Duluth, Minnesota 3/3"}
8,895	Kenneth Curr	California State University - East Bay	[ "8895_101.pdf", "8895_101.pdf" ]	{"8895_101.pdf": "Date(s) of Incident Complainant Status Respondent Name Respondent Position Summary of Allegation(s) Finding Outcome 12/6/20 Student Kimberly Lambert Head Women's Volleyball Coach Respondent engaged in discriminatory and harassing gender-based conduct, and attacked Complainant's character by calling her whore & slut on three separate ocassions. substantiated Respondent was issued a one week suspension without pay. 2/20/21 Student(s) Kenneth Curr Associate Professor Respondent inappropriately touched Complainants and made gender stereotyped comments toward female students. substantiated Respondent was issued a two week suspension without pay; and is required to attend sexual harassment and discrimination training every two years."}
7,315	Isaac Sanders	East Stroudsburg University	[ "7315_101.pdf", "7315_102.pdf", "7315_103.pdf", "7315_104.pdf", "7315_105.pdf", "7315_106.pdf", "7315_107.pdf", "7315_108.pdf", "7315_109.pdf", "7315_110.pdf", "7315_105.pdf", "7315_106.pdf", "7315_107.pdf", "7315_108.pdf", "7315_109.pdf", "7315_110.pdf", "7315_105.pdf", "7315_106.pdf", "7315_107.pdf", "7315_108.pdf", "7315_109.pdf", "7315_110.pdf" ]	{"7315_105.pdf": "3 men appeal university sex abuse case to Supreme Court Staff Writer Bucks County Courier Times Published 5:14 p.m Dec. 14, 2017 (AP) \u2014 Three men who unsuccessfully sued a former Pennsylvania university administrator over allegations he sexually abused them when they were students are appealing to the U.S. Supreme Court. The men say Isaac Sanders used his high-powered job at state-run East Stroudsburg University to victimize them. Sanders was fired but repeatedly denied the allegations, and a jury ruled in his favor in 2014. Sanders has never been charged criminally. The students' lawyer, Albert Murray Jr., appealed to the high court this week. Murray says he should have been allowed to show jurors the results of an extensive administrative inquiry into Sanders, which he says corroborated the students' claims. The appeal says the justices should hear the case in light of the \"present national climate\" regarding sexual abuse by powerful men. 3/15/25, 11:19 3 men appeal university sex abuse case to Supreme Court 1/1", "7315_106.pdf": "Richard Mactough / February 1, 2018 / News Isaac Sanders Case Could Be Reviewed in the Supreme Court By Richard MacTough Staff Writer former Vice President Isaac W. Sanders has been petitioned by Albert R. Murray Jr. under the Supreme Court. The Petition for Writ of Certiorari is a document a losing party files with the Supreme Court asking them to review the decision of the lower court. Sanders was accused by six former students for alleged sexual assault starting back in 2007. It was also alleged that Sanders used scholarships, gifts and campus jobs as a means of assaulting the victims. The original verdict had found Sanders innocent of the allegations. The case has been denied of a rehearing several times. 3/15/25, 11:19 Isaac Sanders Case Could Be Reviewed in the Supreme Court 1/8 Robert Dillman was the president of the university during the time of the alleged assaults before retiring in 2012. He died two years later at age 73. It was also alleged that Dillman failed to protect the students under the law of Title IX, as well as former Vice President for special projects and assistant to the president, Victoria Sanders. (Victoria Sanders is not in any way related to Isaac Sanders.) An internal investigation was conducted by Arthur Breese on behalf of ESU, the former director of campus diversity and campus mediation at ESU. 3/15/25, 11:19 Isaac Sanders Case Could Be Reviewed in the Supreme Court 2/8 p y p Murray criticized the Breese report as a \u201csham\u201d investigation in order to cover up the alleged abuses of Sanders. At the time of the Breese report Sanders was still allowed on campus. In the conclusion of the report, it was determined there was not enough evidence to prove the allegations. The Supreme Court agrees to hear from one hundred to one hundred and fifty cases a year. Over 7,000 cases are proposed each year. The case is waiting to be heard at this time. Sanders was fired for the allegations in 2008 report under the Pennsylvania State System of Higher Education of the students\u2019 sexual misconduct allegations noted what Murray believes there was substantial evidence in the investigation. Three accusers of Sanders were not granted testimony in the case because the court ruled it as unfair prejudice. The Third Circuit Court also declined to rule whether the report was considered a public record in the case. Harry Coleman represented Sanders in the original investigation. \u201cMy client has been vindicated and proven innocent. We won that case have represented Isaac Sanders since day one and will continue to do so,\u201d said Coleman. This was not the first time Sanders was accused of alleged sexual harassment. He was accused by a former student during his time working at Stillman College of Alabama in 1999. Murray will continue working on the case whether or not it passes through the Supreme Court, he said. \u201cWhether this is granted or not the plaintiffs will continue to pursue the case,\u201d said Murray decision is expected to be made by the Supreme Court in the next couple of weeks. 3/15/25, 11:19 Isaac Sanders Case Could Be Reviewed in the Supreme Court 3/8 Posted in News and tagged Albert Murray, Arthur Breese, Harry Coleman, Isaac Sanders, passhe, Richard MacTough, Robert Dillman, Stillman College, Third Circuit Court, Victoria Sanders. Bookmark the permalink. 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Please include a full name, title, address and phone number. We reserve the right to edit letters for style, possible libel or length. Letter related correspondence is to be sent to Editor Aliyah Williams at [email protected]. Proudly powered by WordPress \| Theme: Hive Lite by Pixelgrade. Front Page Arts and Entertainment News Sports Opinion \u2022 \u2022 \u2022 \u2022 3/15/25, 11:19 Isaac Sanders Case Could Be Reviewed in the Supreme Court 8/8", "7315_107.pdf": "Sanders denies allegations; plaintiff yells, 'Don't lie!' Christina Tatu Pocono Record Writer Published 12:06 a.m Oct. 31, 2014 Isaac Sanders, former vice president of advancement at East Stroudsburg University, testified Thursday that he never sexually harassed or assaulted any students, a statement which prompted one of the plaintiffs to jump from his seat and yell, \u201cDon\u2019t lie!\u201d Following the outburst, the jury was quickly led from the room and the civil hearing at the federal courthouse in Scranton was temporarily suspended while order was restored. Several court security officers, as well as U.S. marshals were called in to monitor the rest of Thursday\u2019s hearing. \u201cIf you act up like that again, you\u2019ll be in a cell downstairs,\u201d Mariani said to the 26- year-old plaintiff. The case ended early Monday afternoon when that same plaintiff became too distraught to continue with his testimony and fell silent, unable to answer any of his attorney\u2019s questions. Sanders\u2019 attorney, Harry Coleman, requested a mistrial after the incident, asking how the jury could be expected to remain impartial after witnessing the plaintiff\u2019s outburst. Mariani denied the request and called the jury back into the room. 3/15/25, 11:19 Sanders denies allegations; plaintiff yells, 'Don't lie!' 1/3 Sanders, 66, now of Montgomery, Alabama, said he was one eight siblings, the first man in his family to graduate from college. He also said that although he is separated from his wife, they live nearby each other and are on good terms. They have three children together and four grandchildren. Sanders repeatedly denied the plaintiffs\u2019 allegations that he touched or harassed any of them. He called the claims \u201cdisgusting\u201d and \u201cpreposterous.\u201d Sanders did acknowledge using his own money to pay for one of the plaintiff\u2019s eyeglasses and car repairs, but said he expected to have the money paid back to him. He also reported giving another one of the plaintiffs one of his old suits. Sanders admitted to paying $1,000 for one plaintiff\u2019s course and $811 for another plaintiff\u2019s summer course so that he could graduate. That money came from funds set aside for the East Stroudsburg University Foundation. Both plaintiffs said they did not know Sanders was going to pay for the courses, nor did they request him to. Earlier in the day, a 37-year-old minister at a Baptist church in Alabama, told the jury Sanders put his finger between his buttocks during a school trip to Washington, D.C., in 1999. At the time, Sanders was vice president of advancement at Stillman College in Tuscaloosa, Alabama, where the man was a student. In 2000, Sanders went to ESU. 3/15/25, 11:19 Sanders denies allegations; plaintiff yells, 'Don't lie!' 2/3 Sanders, the man and another official from the college were going to take a limo to a nearby restaurant to meet with lobbyists as part of the event. The man was seated next to Sanders. When the limo driver opened the door and the man began to exit a vehicle, he said he felt a finger poke him in the rear-end. The plaintiff\u2019s attorney, Albert Sonny Murray, said he called the man to testify at the trial to highlight Sanders\u2019 \u201chistory of abuse.\u201d The man had filed a complaint with Stillman officials following the incident, and Sanders was ordered to stay away from the student, but violated that order when he later approached the student and attempted to take a photo with him. On Thursday, Sanders said it was the first time he was hearing those allegations and that no one from Stillman ever spoke with him about the incident total of six students filed the civil lawsuit against Sanders in 2009, but three had their claims dropped due to the statute of limitations. Sanders has never been charged with a crime, but was fired from the university in 2008 after the university hired an outside law firm to conduct an investigation. The case alleges Sanders used his position of power to provide campus jobs and other benefits for African-American male students, but in return also used that position to make unwanted sexual advances on them. Sanders has maintained his innocence, saying he never engaged in any inappropriate sexual behavior with the students. 3/15/25, 11:19 Sanders denies allegations; plaintiff yells, 'Don't lie!' 3/3", "7315_108.pdf": "Pennsylvania demands $10K from abuse accusers By Friday, July 20, 2018 Pennsylvania is forcing three former state university students who say they were sexually abused by a high-ranking administrator to pay $10,000 in court costs after a jury ruled against them in their federal lawsuit nearly four years ago. The state attorney general's office, representing East Stroudsburg University, said it's \"standard procedure\" to seek repayment of court costs. The students' lawyer denounced wpvi 24/7 Live 48\u00b0 3/15/25, 11:19 Pennsylvania demands $10K from abuse accusers - 6abc Philadelphia 1/5 the legal maneuver as \"outrageous, insensitive and vindictive,\" and plans to appeal it. East Stroudsburg fired former Vice President Isaac Sanders in 2008 following an internal investigation by Pennsylvania's state university system into allegations of sexual misconduct toward students as well as financial mismanagement at the university. Sanders' termination letter, which was made public as part of the civil suit, said he had \"exercised exceedingly poor judgment\" toward the students. But a jury ruled against them after a 2014 trial, and, this week, the court granted East Stroudsburg's request to recover its litigation costs. The former students' lawyer, Albert Murray Jr., said he was incredulous, given the state is targeting people who say they were sexually molested by a state employee. \"It's hostile toward victims of sexual assault,\" Murray said. \"It'll make victims of sexual assault not want to come forward. ... Why would they do this against these boys? They're already hurting.\" Sanders, the university's former chief fundraiser, has repeatedly denied wrongdoing, and he's never been charged with a crime. The former students, now in their 20s and 30s, insist Sanders used his high-powered job to offer them gifts, scholarships and campus jobs, then sexually assaulted them. Under federal rules, the winning party is entitled to recoup court costs from the losers. In this case, East Stroudsburg - which was dismissed from the case long before it went to trial - sought reimbursement for transcripts, witness fees and copying charges. Sanders, 3/15/25, 11:19 Pennsylvania demands $10K from abuse accusers - 6abc Philadelphia 2/5 who was represented by a private attorney and not the attorney general's office, has made no such request. \"As a standard procedure in any case where a court finds in favor of our client, we seek a repayment of our court costs,\" said Joe Grace, spokesman for Democratic Attorney General Josh Shapiro. Sanders' accusers unsuccessfully appealed the jury verdict, claiming, among other things, that the judge improperly barred testimony from some accusers and that a critical piece of evidence - the State System of Higher Education's investigative report that led to Sanders' firing - was improperly excluded from evidence. The U.S. Supreme Court declined to hear the case in February. It's unclear whether any criminal investigation of Sanders was ever conducted. The State System has said it never forwarded its report, which was written by an outside law firm, to any local, state or federal law enforcement agency. The report remains under court- ordered seal total of six students filed suit against Sanders and East Stroudsburg in 2009, but three of them were tossed from the case after a judge ruled the statute of limitations had run out on their claims. ------ Send a News Tip to Action News Learn More About 6abc Apps 3/15/25, 11:19 Pennsylvania demands $10K from abuse accusers - 6abc Philadelphia 3/5 Report a correction or typo Copyright \u00a9 2025 by The Associated Press. All Rights Reserved. Related Topics Topics Home Weather Traffic Watch Photos Apps Regions Philadelphia Pennsylvania New Jersey Delaware More Content Investigation Troubleshooters Consumer Healthcheck Links from Action News Art of Aging 6abc About 6abc/Contact Us! 3/15/25, 11:19 Pennsylvania demands $10K from abuse accusers - 6abc Philadelphia 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 Philadelphia. All Rights Reserved. Action News Biographies 6abc Contests & Promotions Listings Jobs & Internships at 6abc Community Help With An Antenna 3/15/25, 11:19 Pennsylvania demands $10K from abuse accusers - 6abc Philadelphia 5/5", "7315_109.pdf": "From Casetext: Smarter Legal Research Sanders v. Pa.'s State Sys. of Higher Educ Aug 14, 2019 NO. 3:18-CV-1423 (M.D. Pa. Aug. 14, 2019) Copy Citation Download Check Treatment Meet CoCounsel, pioneering that\u2019s secure, reliable, and trained for the law. Try CoCounsel free NO. 3:18-CV-1423 08-14-2019 W. SANDERS, Plaintiff, v and UNIVERSITY, Defendants Sign In Search all cases and statutes... Opinion Summaries Case details 3/15/25, 11:20 Sanders v. Pa.'s State Sys. of Higher Educ., NO. 3:18-CV-1423 \| Casetext Search + Citator 1/8 Presently before me is a Motion to Dismiss filed by Defendants Pennsylvania's State System of Higher Education (\"PASSHE\") and East Stroudsburg University (\"ESU\"). (Doc. 37). Plaintiff Isaac W. Sanders alleges in his Second Amended Complaint (Doc. 35) that Defendants violated federal and state law when they fired and defamed him over ten years ago. (See generally Doc. 35). Defendants contend that Sanders's suit is barred by the applicable two-year statute of limitations. (See Doc. 39 at 8-9). Sanders, for his part, argues Defendants' continued conduct from 2008 until 2018 kept his claims alive. (See Doc. 41 at 10). Because Sanders concedes his federal claims accrued in 2008, however, those claims are untimely. And because Sanders does not allege an independent jurisdictional basis for his state law claims, they will be dismissed without prejudice. Defendants' Motion will therefore be granted. 2 2 I. Background According to the complaint hired Sanders in 2000 as Vice President for Institutional Advancement and Executive Director of the East Stroudsburg University Foundation (the \"Foundation\"). (Doc. 35 at \u00b6 27). In August 2007, a student filed a complaint with the Office of Diversity and Equal Opportunity (\"ODEO\"), alleging sexual harassment by Sanders. (See id. \u00b6\u00b6 45-46). Also during this time received several anonymous letters alleging improprieties by Sanders from August through October 2007. (Id. \u00b6\u00b6 47-48). One letter suggested Sanders, as chair of the Foundation, mismanaged funds. (See id. \u00b6 51). The remaining letters made \"various accusations\" about Sanders, but \"lacked specific details.\" (See id. \u00b6\u00b6 50-52, 56-57). In light of the allegations of financial impropriety hired an accounting firm to perform a forensic audit on the Foundation's finances. (Id. \u00b6\u00b6 89-91). The results of the audit produced no evidence of alleged wrongdoing by Sanders. (See id.). Per policy, the conducted an investigation into the sexual harassment allegations against Sanders. (See id. \u00b6\u00b6 63-64 final written report on their investigation was submitted to University President Robert J. Dillman on December 10, 2007. (Id. \u00b6 72). In correspondence to the complaining student on January 7, 2008, Dillman stated the investigation found insufficient evidence to support the 3/15/25, 11:20 Sanders v. Pa.'s State Sys. of Higher Educ., NO. 3:18-CV-1423 \| Casetext Search + Citator 2/8 allegations against Sanders and the case would be closed. (See id. \u00b6\u00b6 73-74). No student thereafter filed any complaint against Sanders. (Id. \u00b6 75 few months later, in June 2008, a local newspaper published a story about allegations that Sanders had sexually harassed students at ESU. (See id. \u00b6 124). In response to the story, Dillman placed Sanders on administrative leave (see id. \u00b6 126), and hired Black & Gerngross, a 3 Philadelphia law firm, to conduct an internal investigation into the allegations. (Id. \u00b6 128- 129). Throughout the summer of 2008, more allegations of sexual harassment by Sanders surfaced. (See id. \u00b6\u00b6 144-148). At the completion of the second investigation, Black & Gerngross reported that it had failed to find credible evidence that Sanders sexually harassed anyone. (See id. \u00b6 151). Because Defendants were not satisfied with the outcome of the second report, another outside firm was hired to perform a third investigation into these same allegations. (Id. \u00b6\u00b6 156-158). In September 2008, Dillman received the third investigation report performed by PASSHE's outside counsel. (Id. \u00b6 175). Sanders does not allege what the third investigation found, but after receiving the report, Dillman held a conference with Sanders on October 3, 2008. (Id. \u00b6 176). The conference was a pretext \"designed to mask the true intent of Dillman and to terminate Sanders\" for unfounded allegations of sexual harassment. (Id. \u00b6 177). Accordingly, on October 22, 2008, Sanders was terminated from effective December 21, 2008. (Id. \u00b6 180). 3 In February 2009, six former students filed a civil rights action alleging Sanders sexually harassed them while he was employed at ESU. (Id. \u00b6\u00b6 199- 200). The case was removed to the Middle District of Pennsylvania in March 2009. (Id.). At all stages of the litigation the Commonwealth did not defend or indemnify him. (Id. \u00b6 201). He should have been defended by the Commonwealth as other employees in the case had. (Id. \u00b6 210). Moreover, because of Sanders's unemployment and mounting debt from defending these allegations, he was forced to file for bankruptcy on August 20, 2009. (Id. \u00b6 241). The jury found in Sanders's favor on October 31, 2014. (Id. \u00b6 201). Despite this, from his termination in 2008 through 2018, newspapers published articles falsely accusing him of 4 improprieties\u2014none of which were denied 4 3/15/25, 11:20 Sanders v. Pa.'s State Sys. of Higher Educ., NO. 3:18-CV-1423 \| Casetext Search + Citator 3/8 or corrected by Defendants. (See id. \u00b6\u00b6 214, 216, 218, 221, 229, 230, 245, 250, 252, 255, 256, 260, 261, 264, 285, 296). Additionally, at the conclusion of the civil rights case in July 2018, the Commonwealth, having been awarded costs, filed a motion to vacate the award of costs. (Id. \u00b6 286). (Sanders did not move for costs himself or join in the Commonwealth's motion for costs, see Bernard v. East Stroudsburg Univ., No. 3:09-cv-00525, Doc. 228 (M.D. Pa. Dec. 2, 2014).) Sanders suggests this was the latest \"governmental action designed solely to convey that Isaac Sanders was guilty of student sexual assault.\" (Id.). Sanders argues the Commonwealth treated the case as if he were found guilty and Defendants never corrected this error. (Id. \u00b6 287). Sanders commenced this action on July 17, 2018. (See generally Doc. 1). He alleges two federal causes of action (\"stigma plus\" and a violation of the \"Civil Rights Act\") and two state causes of action (intentional infliction of emotional distress and defamation). (See Doc. 35 at \u00b6\u00b6 304-343). Defendants responded with the instant Motion to Dismiss (Doc. 37), which has been fully briefed and is now ripe for review. II. 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, my role is limited to determining if a plaintiff is entitled to offer evidence in support of his or her claims. See Semerenko v. Cendant Corp., 223 F.3d 165, 173 (3d Cir. 2000 court does not consider whether a plaintiff will ultimately prevail. Id defendant bears the burden of establishing that a plaintiff's complaint fails to state a 5 claim. See Gould Elecs., Inc. v. United States, 220 F.3d 169, 178 (3d Cir. 2000). 5 Dismissal is appropriate only if, accepting as true all the facts alleged in the complaint, a plaintiff has not pleaded \"enough facts to state a claim to relief that is plausible on its face,\" Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007), meaning enough factual allegations \"'to raise a reasonable expectation that discovery will reveal evidence of'\" each necessary element. Phillips v. Cty. of Allegheny, 515 F.3d 224, 234 (3d Cir. 2008) (quoting Twombly, 550 U.S. at 556). \"The plausibility standard is not akin to a 'probability 3/15/25, 11:20 Sanders v. Pa.'s State Sys. of Higher Educ., NO. 3:18-CV-1423 \| Casetext Search + Citator 4/8 requirement,' but it asks for more than a sheer possibility that a defendant has acted unlawfully.\" Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). III. Discussion Defendants argue all of Sanders's claims are barred by Pennsylvania's statute of limitations. (See Doc. 39 at 6-12 statute of limitations defense is technically an affirmative defense meant to be raised in an answer, not a motion to dismiss. See Robinson v. Johnson, 313 F.3d 128, 135 (3d Cir. 2002 limitations defense may be raised in a pre-answer motion, however, \"if the time alleged in the statement of a claim shows that the cause of action has not been [timely] brought.\" Id. (quotation and footnote omitted). \"If the bar is not apparent on the face of the complaint, then it may not afford the basis for a dismissal of the complaint under Rule 12(b)(6).\" Bethel v. Jendoco Constr. Corp., 570 F.2d 1168, 1174 (3d Cir. 1978 will start with Sanders's federal claims. Sanders's federal claims are all subject to Pennsylvania's two-year statute of limitations for personal injury actions. See 42 Pa. Cons. Stat. \u00a7 5524; see also Wallace v. Kato, 549 U.S. 384, 387 (2007). To decide whether the statute of 6 limitations has run must first determine when Sanders's claims accrued. See Wallace, 549 U.S. at 388. Sanders's claims accrued when he \"knew or should have known of the injury upon which its action is based.\" Sameric Corp. v. City of Phila., 142 F.3d 582, 599 (3d Cir. 1998). That would normally require me to look at the elements of Sanders's claims and, comparing them with his allegations, see when each element was met. See Wallace, 549 U.S. at 388 (accrual occurs \"when the plaintiff has a complete and present cause of action\" (quotation omitted)). 1 6 1 Defendants note the only two claims Sanders could be alleging under the \"Civil Rights Act\" in his fourth cause of action are \u00a7 1983 or Title claims. (See Doc. 30 at 7). Sanders has not contested this point. (See Doc. 41). If he is bringing a Title claim, Sanders must have first brought a complaint to the Equal Employment Opportunity Commission. See Seredinski v. Clifton Precision Prod. Co., 776 F.2d 56, 61 (3d Cir. 1985). So Sanders's only Civil Rights Act claim would be a \u00a7 1983 claim subject to Pennsylvania's two-year statute of limitations. -------- Critically, Sanders agrees that his claims accrued when fired him on October 22, 2008. (See Doc. 41 at 16). He instead argues his suit is timely 3/15/25, 11:20 Sanders v. Pa.'s State Sys. of Higher Educ., NO. 3:18-CV-1423 \| Casetext Search + Citator 5/8 Cowell v. Palmer Twp., 263 F.3d 286, 292 (3d Cir. 2001) (quoting Brenner v. Local 514, United Bhd. of Carpenters & Joiners of Am, 927 F.2d 1283, 1295 (3d Cir. 1991)). For Defendants' conduct to revive Sanders's claims under this doctrine, Sanders must allege that \"the last act evidencing the continuing practice falls within the limitations period\" and that Defendants' \"conduct is more than the occurrence of isolated or sporadic acts.\" Id. at 292. under a \"continuing violations theory.\" (Id.). This doctrine provides that: [W]hen a defendant's conduct is part of a continuing practice, an action is timely so long as the last act evidencing the continuing practice falls within the limitations period; in such an instance, the court will grant relief for the earlier related acts that would otherwise be time barred. \"However, this [continuing conduct] theory does not apply when plaintiffs are aware of the 7 injury at the time it occurred.\" Morganroth & Morganroth v. Norris, McLaughlin & Marcus, P.C. 331 F.3d 406, 417 n.6 (3d Cir. 2003) (citing Kichline v. Consol. Rail Corp., 800 F.2d 356, 360 (3d Cir. 1986)). Sanders was aware his injury occurred when fired him on October 22, 2008. (See Doc. 41 at 16). Thus, even if Defendants' actions through 2018 met the elements of continuing conduct, his claims are time-barred because he knew in October 2008 he suffered an injury underlying all his claims. (See Doc. 35 \u00b6\u00b6 304-343). 7 The fact that Sanders alleges additional stigma within two years of filing his complaint is immaterial. (See Doc. 35 \u00b6\u00b6 287, 291, 293 \"continuation of the 'ill effects' of the original deprivation\" of Sanders's rights does not constitute continued conduct. Arneault v. O'Toole, 864 F. Supp. 2d 361, 405 (W.D. Pa. 2012); see Bucholz v. Midwestern Intermediate Unit IV, 128 F. App'x 890, 895 (3d Cir. 2005); Schneck v. Saucon Valley Sch. Dist., 340 F. Supp. 2d 558, 570 (E.D. Pa. 2004) (a defendant's \"refusal to undo a discriminatory decision is not a fresh act of discrimination\" (quoting Lever v. Northwestern Univ., 979 F.2d 552, 556 (7th Cir. 1992))). Nor do fresh damages revive stale claims. See Wallace, 549 U.S. at 391 (\"Were it otherwise, the statute [of limitations] would begin to run only after a plaintiff became satisfied that he had been harmed enough . . . .\"). 3/15/25, 11:20 Sanders v. Pa.'s State Sys. of Higher Educ., NO. 3:18-CV-1423 \| Casetext Search + Citator 6/8 Because Sanders concedes his federal claims accrued long before 2016, those claims are barred by Pennsylvania's statute of limitations. Dismissal will be with prejudice, as amendment would be futile. See Grayson v. Mayview State Hosp., 293 F.3d 103, 114 (3d Cir. 2002). That leaves Sanders's state law claims. The jurisdictional basis for these claims is unclear. Sanders does not explicitly invoke either diversity jurisdiction or supplemental jurisdiction in his 8 complaint. (See Doc. 35 at. \u00b6\u00b6 9-11 will therefore treat Sanders's state law claims as supplemental, and dismiss them without prejudice, given the dismissal of Sanders's federal claims. See Kohn v Corp., 58 F. Supp. 2d 393, 421-22 & n.31 (D.N.J. 1999) (declining to exercise supplemental jurisdiction under 28 U.S.C. \u00a7 1367(c)(3) where all federal claims were dismissed, where it \"appear[ed]\" the parties were not diverse, and where the plaintiff \"alleged no independent basis for jurisdiction over the remaining State law claims\"); see also Hedges v. Musco, 204 F.3d 109, 123 (3d Cir. 2000) (courts \"must\" dismiss pendent state claims \"unless considerations of judicial economy, convenience, and fairness to the parties\" provide otherwise). 8 IV. Conclusion For the above stated reasons, Defendants Motion to Dismiss will be granted. Sanders's federal claims will be dismissed with prejudice, and his state law claims will be dismissed without prejudice. An appropriate order follows. August 14, 2019 Date /s/ A. Richard Caputo A. Richard Caputo United States District Judge About us 3/15/25, 11:20 Sanders v. Pa.'s State Sys. of Higher Educ., NO. 3:18-CV-1423 \| Casetext Search + Citator 7/8 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. 3/15/25, 11:20 Sanders v. Pa.'s State Sys. of Higher Educ., NO. 3:18-CV-1423 \| Casetext Search + Citator 8/8", "7315_110.pdf": "2020 Decisions Opinions of the United States Court of Appeals for the Third Circuit 4-29-2020 Isaac Sanders v State System of Higher Ed Isaac Sanders v State System of Higher Ed Follow this and additional works at: Recommended Citation Recommended Citation \"Isaac Sanders v State System of Higher Ed\" (2020). 2020 Decisions. 441. This April 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 2020 Decisions by an authorized administrator of Villanova University Charles Widger School of Law Digital Repository _____________ No. 19-3095 _____________ W. SANDERS, Appellant v _____________ On Appeal from the United States District Court for the Middle District of Pennsylvania (D.C. No. 3-18-cv-01423) District Judge: Hon. A. Richard Caputo ______________ Submitted Under Third Circuit L.A.R. 34.1(a) March 30, 2020 ______________ Before: GREENAWAY, JR., PORTER, and MATEY, Circuit Judges. (Opinion Filed: April 29, 2020) ______________ OPINION ______________ GREENAWAY, JR., Circuit Judge. In this case, we must decide whether Eleventh Amendment sovereign immunity * This disposition is not an opinion of the full Court and, pursuant to I.O.P. 5.7, does not constitute binding precedent. 2 protects Pennsylvania\u2019s State System of Higher Education and its constituent universities. For the reasons set forth below, we will affirm Plaintiff-Appellant Isaac W. Sanders (\u201cSanders\u201d) sued Defendants-Appellees Pennsylvania\u2019s State System of Higher Education (\u201cPASSHE\u201d) and East Stroudsburg University (collectively, \u201cDefendants\u201d) under 42 U.S.C. \u00a7 1983. Sanders argues that Defendants violated his Fourth and Fourteenth Amendment rights by engaging in \u201cstigmatizing conduct\u201d that has destroyed Sanders\u2019s \u201cgood name, reputation, honor and integrity.\u201d JA9. He also alleged various causes of action under state law, including intentional infliction of emotional distress and defamation. Sanders filed his first complaint on July 17, 2018. The following facts are taken from Sanders\u2019s second amended complaint. In 2007, Sanders was employed at East Stroudsburg University as the Vice President for Advancement, head of the Advancement Office, and the Chief Executive Officer of the East Stroudsburg University Foundation. In August 2007, a student filed a sexual harassment complaint against Sanders with the University\u2019s Office of Diversity and Equal Opportunity. Later that fall, the University received five anonymous letters making various complaints against Sanders, some of which alleged that Sanders was responsible for \u201cfinancial misdeeds\u201d and \u201csexual predatory behavior.\u201d JA24. After an investigation, the University president decided that there was insufficient evidence to support the student\u2019s allegations and closed the matter. The University also performed a forensic audit of the foundation, which found no financial misdeeds. However, 3 PASSHE\u2019s counsel sent the anonymous complaints to the FBI. Additional complaints followed in 2008, some of which were covered in a local paper. Sanders was then placed on administrative leave while an outside law firm conducted an investigation. Based on this investigation, \u201cCounsel for concluded that sufficient evidence of sexual harassment existed despite previous conclusions of the first two investigations conducted by President Dillman, Provost Borland, and/or their designees.\u201d JA36. Sanders was terminated on October 22, 2008. According to Sanders, public comments by members of the board, including the Governor of Pennsylvania, perpetuated a public perception that Sanders was guilty of criminal sexual acts against students. Sanders alleges that Defendants have not attempted to remedy the reputational harm that these incidents beset upon him. Six students filed a civil lawsuit against Sanders and other state defendants in February 2009. The jury returned its verdict for Sanders in October 2014. This Court affirmed and denied the plaintiffs\u2019 petition for rehearing en banc in 2017. Defendants never provided Sanders with defense counsel and did not agree to indemnify him for his costs, even though the Commonwealth of Pennsylvania represented the other defendants in the lawsuit. The Pennsylvania Attorney General issued an apology to the student plaintiffs in 2018. The Attorney General also withdrew its bill of costs against the unsuccessful plaintiffs. Sanders initially filed suit against PASSHE, East Stroudsburg University, and 4 several individual defendants. The District Court granted the individual defendants\u2019 motion to dismiss on April 17, 2019. Sanders then filed a second amended complaint. The District Court granted and East Stroudsburg University\u2019s motion to dismiss on August 14, 2019. Sanders timely appealed The District Court had jurisdiction pursuant to 28 U.S.C. \u00a7 1331. We have jurisdiction pursuant to 28 U.S.C. \u00a7 1291. We review grants of motions to dismiss de novo. Foglia v. Renal Ventures Mgmt., LLC, 754 F.3d 153, 154 n.1 (3d Cir. 2014). \u201c[W]e accept all factual allegations in the complaint as true and view them in the light most favorable to the plaintiff.\u201d Buck v. Hampton Twp. Sch. Dist., 452 F.3d 256, 260 (3d Cir. 2006). We may affirm on any basis which finds support in the record, even if the district court did not reach it. See Kabakjian v. United States, 267 F.3d 208, 213 (3d Cir. 2001 Defendants argue that we should affirm the District Court\u2019s dismissal because Sanders\u2019s claims are barred by the Eleventh Amendment. We agree. The Eleventh Amendment provides: \u201cThe Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against any one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.\u201d U.S. Const. amend. XI. The purpose of Eleventh Amendment is to protect \u201cthe States\u2019 solvency and dignity.\u201d Hess v. Port Auth. Trans-Hudson Corp., 513 U.S. 30, 52 (1994); see also Maliandi v. Montclair State Univ., 845 F.3d 77, 83 (3d Cir. 5 2016) (\u201c[The Eleventh Amendment] has evolved into a potent tool for States to ensure that States retain their sovereignty and integrity as constituent polities of our national government.\u201d). To further this goal, the Amendment \u201chas been interpreted by the Supreme Court to shield States and certain State-affiliated entities from suits for damages in federal court.\u201d Bradley v. W. Chester Univ. of Penn. State Sys. of Higher Educ., 880 F.3d 643, 654 (3d Cir. 2018). The Amendment protects a state from suit by its own citizens as well. See Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 100 (1984). There are exceptions to sovereign immunity state may consent to suit in federal court and thereby waive its immunity, or Congress may abrogate states\u2019 immunity via legislation. See Blanciak v. Allegheny Ludlum Corp., 77 F.3d 690, 694 (3d Cir. 1996). We perform a \u201cfact-intensive, three-step balancing test\u201d to determine whether a state institution is protected by Eleventh Amendment immunity. Maliandi, 845 F.3d at 83. Specifically, we look at: (1) whether the state treasury would pay for an adverse judgment against the institution; (2) the status of the institution under state law; and (3) the degree of autonomy from state control that the institution maintains. Id. If a federal court determines that a state institution is protected by Eleventh Amendment immunity, the suit against that institution must be dismissed, as the court does not have jurisdiction. See, e.g., id. at 99 (holding that, unless the district court determined on remand that the state waived its immunity, the suit must be dismissed); Blanciak, 77 F.3d at 693 n.2 (\u201c[T]he Eleventh Amendment is a jurisdictional bar which deprives federal courts of subject matter jurisdiction.\u201d). 6 In Bradley, we performed this three-part test and decided that and its universities are so protected. We therefore affirmed the dismissal of the appellant\u2019s \u00a7 1983 complaint against and one of its universities. Bradley, 880 F.3d at 654. Sanders has not offered any basis on which to distinguish his case from Bradley. Indeed, Sanders has not even responded to Defendants\u2019 Eleventh Amendment argument, either before this Court or before the District Court. We therefore affirm the District Court\u2019s dismissal of and East Stroudsburg University because they are protected by Eleventh Amendment sovereign immunity.1 For the reasons set forth above, we will affirm. 1 Although Eleventh Amendment immunity is the death knell of Plaintiff\u2019s appeal, any consideration of the merits is also foreclosed by Sanders\u2019s failure to comply with the applicable two-year statute of limitations. Contrary to Sanders\u2019s contention, the continuing violations doctrine does not apply here. Sanders has not alleged that Defendants committed any affirmative acts in the limitations period. See 287 Corp. Ctr. Assocs. v. Twp. of Bridgewater, 101 F.3d 320, 324 (3d Cir. 1996) (noting that the focus of the continuing violations doctrine is on whether the defendant committed any affirmative acts in the limitations period). The two affirmative acts that Sanders alleges in his complaint (his termination and Defendants\u2019 failure to provide him with defense counsel in the civil suit) took place in 2008 and 2009 respectively. By his own admission, Sanders was aware of these acts when they occurred. See Montanez v. Sec\u2019y Pa. Dep\u2019t of Corrs., 773 F.3d 472, 481 (3d Cir. 2014) (\u201c[T]he continuing violation doctrine does not apply when the plaintiff is aware of the injury at the time it occurred.\u201d) (internal quotation marks omitted). Sanders\u2019s allegations within the limitations period are no more than \u201ccontinual ill effects\u201d from Defendants\u2019 original affirmative acts. Id. Further, the District Court did not err in dismissing Sanders\u2019s complaint at the Rule 12(b)(6) stage, as it was \u201capparent on the face of [Sanders\u2019s] complaint\u201d that he failed to bring his claim within the statute of limitations. See Fried v Morgan Chase & Co., 850 F.3d 590, 604 (3d Cir. 2017) (quoting Schmidt v. Skolas, 770 F.3d 241, 249 (3d Cir. 2014))."}
7,264	Lawrence Mitchell	Case Western Reserve University	[ "7264_101.pdf", "7264_102.pdf", "7264_103.pdf", "7264_104.pdf", "7264_105.pdf", "7264_106.pdf", "7264_107.pdf", "7264_108.pdf", "7264_109.pdf", "7264_110.pdf", "7264_105.pdf", "7264_107.pdf", "7264_109.pdf", "7264_105.pdf", "7264_107.pdf", "7264_109.pdf" ]	{"7264_105.pdf": "law teacher probed over sex abuse reports \ufeff (/yangmeiping/) By Yang Meiping 01:10 UTC+8, 2018-03-07 University of Finance and Economics said it has launched an investigation against one of its foreign teachers after reports of sexual harassment were posted online. The university said it had learnt about the allegations against American professor Ezra Wasserman Mitchell through anonymous online posts and on social media. It maintained that it had not received any complaints from students against Mitchell. The university said it also has in its possession a booklet with media reports about alleged sexual misconduct by Lawrence E. Mitchell, who was the former dean of law school at Case Western Reserve University. The American professor has changed his name from Lawrence E. Mitchell to Ezra Wasserman Mitchell. The university is under pressure to explain why it had invited the controversial professor to teach at the law school. The booklet carries an article published by the Cleveland Scene Magazine about a lawsuit filed in 2013 by Mitchell\u2019s former colleague Raymond Ku. \ue023 ( \| Sign In (/user/passport/login.aspx) In Focus (/news/in-focus/) News (/news/) Video (/video/) Opinion (/opinion/) Regions (/regions/) Special (/special/) (/) 3/15/25, 11:06 law teacher probed over sex abuse reports News 1/4 Ku, a former associate dean at the American law school, had alleged that he had witnessed Mitchell\u2019s sexually inappropriate behavior with female staff members and had heard from others that the dean had propositioned female students for threesomes. The report claimed that Ku had reported to the university\u2019s provost, vice president for diversity and faculty diversity officer, but the school found that the allegations were unsubstantiated. Ku later claimed that Mitchell \u201cretaliated\u201d against him by trying to move him out of the school faculty, shutting him out of meetings and assigning him undue responsibilities. Ku filed a lawsuit in which he also listed the university administrators as defendants, along with Mitchell. The parties reached a settlement and Mitchell resigned from his post in 2014, the media reports said. In July 2016, Mitchell announced on his now-defunct personal blog that he had officially changed his name into Ezra Wasserman Mitchell. Me Too movement According to the website of Shanghai University of Finance and Economics, Mitchell\u2019s expertise is in corporate and international finance laws. The American joined the law school in Shanghai in September 2016 as a full-time teacher and has been teaching Anglo-American Contract Law to undergraduates and Science of Civil Law to postgraduates. Shanghai Daily reached Mitchell on his WeChat account for his comments. He responded \u201cno\u201d but quickly recalled the message. The allegations against Mitchell appeared on the Chinese social media following the worldwide \u201c#MeToo\u201d movement that is encouraging people to share stories of sexual assault and harassment to raise public awareness and denounce such behaviors. In November last year an American teacher at Shanghai American School was sacked for reportedly sexually abusing his students. Source Editor: Xu Qing ( \| Sign In (/user/passport/login.aspx) In Focus (/news/in-focus/) News (/news/) Video (/video/) Opinion (/opinion/) Regions (/regions/) Special (/special/) (/) 3/15/25, 11:06 law teacher probed over sex abuse reports News 2/4 In Focus (/news/in- focus/) News (/news/) Video (/video/) Opinion (/opinion/) Regions (/regions/) Special (/special/) Follow us ( ( [email protected] :7pm) ( ( devid=54A7E9DB-8606-4AE6-BDAF- CB11B5CDB5DC&qimei=ee17ea5745b657432706a082000014d14b14) ( mibextid=wwXIfr) ( s=21) ( si=kBxStajD8CyKEpqq) ( igsh=ZjE4ZXVsdnhnNDF1) ( is_from_webapp=1&sender_device=pc) ( Newsletter Enter email to About us (/about.shtml) Contact us (/contact.shtml) Feedback (/feedback.shtml) Privacy Policy (/policy.shtml) Terms of Use (/terms.shtml) \u6caaICP\u8bc1\uff1a\u6caaICP\u590705050403 \u53f7-5 ( \u4e92\u8054\u7f51\u65b0\u95fb\u4fe1\u606f\u670d\u52a1\u8bb8\u53ef\u8bc1\uff1a31120180004 ( \u7f51\u7edc\u89c6\u542c\u8bb8 \u53ef\u8bc1\uff1a 0909346 \u5e7f\u64ad\u7535\u89c6\u8282\u76ee\u5236\u4f5c \u8bb8\u53ef\u8bc1\uff1a\u6caa\u5b57\u7b2c354 \u53f7 \u589e\u503c\u7535\u4fe1\u4e1a\u52a1\u7ecf\u8425\u8bb8 \u53ef\u8bc1\uff1a\u6caaB2- 20120012 Shanghai (/tags/Shanghai/) Wechat (/tags/wechat/) Post 0 / 500 Add Your Comment \uf142 Write your comment... Feedback\u2192 (/feedback.shtml) Special Reports 0 Comment Log in (/user/passport/login.aspx) Sort by Default People (/People/) MagHub (/MagH ( \| Sign In (/user/passport/login.aspx) In Focus (/news/in-focus/) News (/news/) Video (/video/) Opinion (/opinion/) Regions (/regions/) Special (/special/) (/) 3/15/25, 11:06 law teacher probed over sex abuse reports News 3/4 Copyright 2025 Shanghai Daily.AllRights Reserved.Hotline:8621-52920043 \u6caa\u516c\u7f51\u5b89\u59073101062001940\u53f7 ( recordcode=31010602001940) ( \| Sign In (/user/passport/login.aspx) In Focus (/news/in-focus/) News (/news/) Video (/video/) Opinion (/opinion/) Regions (/regions/) Special (/special/) (/) 3/15/25, 11:06 law teacher probed over sex abuse reports News 4/4", "7264_107.pdf": "Home / Daily News / Prof who claimed 'unnerving and creepy' party Prof who claimed 'unnerving and creepy' party behavior by law dean settles retaliation suit (HTTPS://WWW.ABAJOURNAL.COM/AUTHORS/4 9, 2014, 3:35 Tweet Email Print Case Western Reserve law professor has settled a suit claiming the school retaliated against him after reporting possible sexual harassment by then-law dean Lawrence Mitchell. Terms of the settlement between the professor, Raymond Ku, and the school were confidential. However, a joint statement ( sor_Raymond_Ku_and_Case_Western_Reserve_University_regarding_resolution_of_Ku_v._Mitchell%2C_et_al.retaliation_case.html) says Ku will become director of the law school\u2019s new Center for Cyberspace Law & Policy. The National Law Journal ( Case-Western%3Fmcode=0&curindex=0&curpage=ALL), the Cleveland Plain Dealer ( the Cleveland Scene ( who-claimed-retaliation-after-reporting-law-school-deans-sexual-harassment), Above the Law ( and TaxProf Blog ( have reports. Ku\u2019s suit alleged ( he was constructively discharged from his position of associate dean for academic affairs and removed from the co-directorship of the Center for Law, Technology & the Arts in retaliation for his report of possible sexual harassment by Mitchell. His suit claimed Mitchell flirted and gave an \u201cunnerving and creepy\u201d back rub to a colleague during an August 2011 party. An amended suit ( harassment_allegations_spur_law_dean_to_take_leave_of_absen/) also alleged a student and a staff member reported that Mitchell had proposed threesomes. Mitchell resigned as dean in March. He remains on the faculty but is on sabbatical, according to the Plain Dealer. Share Like 0 Share 3/15/25, 11:07 Prof who claimed 'unnerving and creepy' party behavior by law dean settles retaliation suit 1/2 Copyright 2025 American Bar Association. All rights reserved. Write a letter to the editor, share a story tip or update, or report an error. 3/15/25, 11:07 Prof who claimed 'unnerving and creepy' party behavior by law dean settles retaliation suit 2/2", "7264_109.pdf": "Page Printed From: Copyright \u00a9 2025 Global, LLC. All Rights Reserved Law Dean Resigns Under Fire at Case Western Case Western Reserve University School of Law dean Lawrence Mitchell has resigned his leadership role after being sued by a faculty member for alleged retaliation. March 10, 2014 at 12:00 By Karen Sloan \| Updated on March 10, 2014 Breaking news and trends for law firm and legal departments about the evolving federal regulations in a volatile political climate Courts & Litigation Expert Columns Latest Stories Events Special Reports Special Supplements The 500 Current Issue Contact Sitemap 3/15/25, 11:07 Law Dean Resigns Under Fire at Case Western \| National Law Journal 1/1"}
7,818	Nicholas Riggs	University of South Florida ‚Äì Tampa	[ "7818_101.pdf", "7818_102.pdf", "7818_103.pdf", "7818_102.pdf", "7818_103.pdf", "7818_102.pdf", "7818_103.pdf" ]	{"7818_102.pdf": "Florida man accused of using improv class to have sex with students Ryan DiPentima [email protected] Published 12:01 a.m July 7, 2017 Updated 8:54 p.m July 7, 2017 former University of South Florida improv instructor is accused of using his position to force students into sexual acts with him and his wife. An investigation concluded that adjunct instructor Nicholas Riggs, 31, sexually assaulted one student and harassed at least one other, according to the Tampa Bay Times. >> Florida man stops woman\u2019s scissors attack on girlfriend Riggs and his wife, former graduate student Hannah Prince, are accused of working together to manipulate students into sex. The sex allegedly began as consensual and progressed to a point where consent was revoked, according to the Times story. Riggs has been banned from teaching at and has stopped teaching at several other universities. He still runs an improv comedy venue with his wife. Multiple complaints were filed against Riggs, claiming that he and Prince would invite students to their home after shows to drink, do drugs and - in some cases - sleep over. Riggs allegedly played favorites based on which students he viewed as \u201csexy enough,\u201d according to a report obtained by the Times. >> Florida couple accused of abusing deaf, blind dog 3/15/25, 12:20 Florida man accused of using improv class to have sex with students 1/2 When one student ended the sexual relationship, Riggs and Prince allegedly \u201cshut him out of parties and performances,\u201d according to the Times. Another student claimed Riggs coerced her to have sexual encounters with him and Prince. When the student tried to cut off the relationship, Riggs came to her home and had sex with her without her consent, she alleged. \"You should know better, you're 30 years old,\" the student told him, according to the Times. \"I'm your student, this isn't fair.\" Other students have made claims against Riggs and Prince. Riggs denies having sex with any student except his wife. Read more at the Tampa Bay Times. 3/15/25, 12:20 Florida man accused of using improv class to have sex with students 2/2", "7818_103.pdf": "improv instructor responds to sexual misconduct finding Claire McNeill Tampa Bay Times Published 9:00 p.m July 7, 2017 \u2014 The University of South Florida improv instructor implicated in a Title sexual misconduct investigation has responded to the allegations on Facebook. \u201cNo one is more disturbed and outraged by these allegations more than me,\u201d Nicholas Riggs wrote. \u201cUltimately, these things that are being claimed are flatly untrue, appalling, and traumatic. Riggs, 31, has been barred from teaching and stepping foot on USF's campus since the report, compiled by an outside attorney, detailed the accounts of students who say Riggs manipulated and coerced them. The attorney concluded that, though the relationships began consensually, Riggs sexually assaulted one student and sexually harassed another under policy. Riggs declined to respond to the allegations in an interview with the Tampa Bay Times before the story published. Online, he denied having sexual relations without consent \u2014 \u201cperiod.\u201d He said he and his wife, Hannah Prince, have sought counseling and fear retaliation from the people making the claims. Prince did not respond to the Times' requests for comment, but also wrote a post on Facebook. Here are some takeaways from the posts by Riggs and Prince: Riggs writes that all performers and staff at Spitfire Theater, an improv venue he and Prince run in St. Petersburg, \u201cwill be required to sign a sexual harassment 3/15/25, 12:20 improv instructor responds to sexual misconduct finding 1/3 policy from now on that protects both potential victims and complainants of sexual harassment.\u201d Riggs writes that his improv group was \u201cknown for letting anyone on stage who wanted to perform, regardless of experience,\u201d contrary to the reports of students who said sex with Riggs resulted in clear benefits. Riggs takes issue with the Title process, saying that no one was brought in to speak on his behalf. He writes that because these investigations stem from accusations, \u201cyou\u2019re assumed guilty.\u201d He also writes that the investigations \u201care courts of law.\u201d He suggests that some students got together \u201cto get their stories straight\u201d before filing complaints against him. He defends his dissertation, which studied four couples performing and discussing improv together officials have noted concerns about the potential misrepresentation of his research. Riggs says he is seeking an attorney. Prince describes her open relationship with Riggs. She says that, while they were engaged, they were romantic with others. Ending those relationships resulted in threats and anger from the jilted parties, she says. She also writes, \u201cPeople who didn\u2019t understand our relationship told me was being abused, brainwashed, gaslighted by Nick.\u201d Prince writes that had no interest in hearing a point of view that didn\u2019t support what was claimed.\u201d She says she has been required to stay silent. \u201cI\u2019m a feminist and advocate for what\u2019s right,\u201d she writes. \u201cThis report makes me and my partner look like the very people stand against.\u201d 3/15/25, 12:20 improv instructor responds to sexual misconduct finding 2/3 released a statement in response to the Title report. Spokesman Adam Freeman said: \u201cWhile we are unable to discuss specific details about a particular case, we can say that as soon as became aware of the allegations against Riggs, we immediately began to review the matter values respectful and fair treatment of all members of our community. We are confident the campus resources currently in place demonstrate our commitment to maintaining a safe, comfortable and productive environment faculty, staff and students are strongly encouraged to report allegations of discrimination, harassment or retaliation through the university\u2019s established processes. The Office of Diversity, Inclusion and Equal Opportunity promptly reviews complaints made against employees to determine if any violations of university policies have occurred and the Office of Student Rights and Responsibilities reviews complaints made against students. Specific concerns brought to either of these two offices are thoroughly reviewed and addressed accordingly also conducts mandatory training on Title IX.\" 3/15/25, 12:20 improv instructor responds to sexual misconduct finding 3/3"}
7,506	Paul Woodson	Peninsula College	[ "7506_101.pdf", "7506_102.pdf" ]	{}
7,437	Nicole Rovig	Michigan State University	[ "7437_101.pdf", "7437_101.pdf", "7437_101.pdf" ]	{"7437_101.pdf": "Posted: Jul 13, 2017 / 03:51 Updated: Jul 13, 2017 / 03:51 (WLNS) \u2013 The State of Michigan says a woman should have been given unemployment benefits after she says she was wrongfully terminated by Michigan State University for denying sexual advances by her boss. The decision was issued in late June, nearly four months after she was fired from her job in the Office of the Registrar due to what described as \u201cperformance issues.\u201d As a result of her termination, the state denied her unemployment; the woman appealed it Judge sides with woman fired from on jobless benefits 66 3/15/25, 11:30 Judge sides with woman fired from on jobless benefits 1/11 lied to the state of Michigan about the reason why was terminated,\u201d she said. \u201cThis is a clear case of wrongful termination, harassment, sexual assault.\u201d In a June 22nd decision, an administrative judge said her benefits never should have been denied, ruling that prior to being terminated, the woman \u201cdid her job to the best of her ability and did not intentionally do anything to disregard employer\u2019s interests.\u201d It goes on to say that did not provide any explanation of the reason for the woman\u2019s termination and according to the document did not show up for the scheduled hearing. \u201cEmployer discharged Claimant and misconduct has not been established,\u201d the order says. \u201cTherefore, the Claimant is not disqualified for benefits.\u201d Jason Cody, a spokesperson for said the university does not discuss specific personnel matters, but explained how it handles employee terminations. \u201cIn general, decisions to terminate an employee at are made in conjunction with several offices and individuals,\u201d he said. Under the Michigan Employment Security Act, an individual is disqualified from receiving benefits if he or she was suspended or discharged for misconduct connected with the individuals work or for intoxication while at work. \u201cMere inefficiency, unsatisfactory conduct, failure in good performance as the result of inability or incapability, inadvertencies or ordinary negligence in isolated instances, or good- faith errors in judgment or discretion are not to be deemed \u201cmisconduct\u201d within the meaning of the statute,\u201d the document says. Last month, the former employee told 6 News that her boss, Nicole Rovig, kissed her in the bathroom of a bar. She also laid out several graphic details surrounding Rovig\u2019s behavior during a Big Ten Academic Alliance Conference in Ann Arbor in Oct. 2016. At the time, Rovig was the registrar at MSU. She resigned last month, one day before upheld her appeal of a Title investigation found that she violated the university\u2019s sexual misconduct policy > Next > Cancel \u2715 Next story in > Cancel Next story in 3/15/25, 11:30 Judge sides with woman fired from on jobless benefits 2/11 The woman, who we\u2019re not identifying because of the sexual nature of her complaint, has reviews that say she was a good employee. She believes she got fired because of what happened in the bathroom that night between her and Rovig. The woman says Rovig was \u201cridiculously drunk\u201d when she came out of the bathroom with her shirt and pants unbuttoned, and asked her to help button them. When the woman refused, she said Rovig grabbed her head and kissed her. 6 News obtained documents included in a Title investigation which claim Rovig made several other sexual advances to more than just the woman that night. \u201cShe had her hands down people\u2019s pants, others from other universities,\u201d one witness told investigators. Rovig admitted kissing one witness, but denied all of the other accusations against her. The Title investigation ultimately sided with the victim. Investigators found that Rovig\u2019s unwelcome behavior in October 2016 \u201cunreasonably interfered with the woman\u2019s employment.\u201d It also said that Rovig violated both the sexual harassment and intentional contact sanctions of MSU\u2019s Relationship Violence and Sexual Misconduct Policy. Rovig appealed MSU\u2019s finding, but it was turned down one day after Rovig handed in her resignation. 6 News reached out to Rovig\u2019s attorney, but did not hear back. The woman has not filed any lawsuit against MSU. She says all she wants from the university is an apology did right by MSU, and they did not do right by me,\u201d the woman said. \u201cIt\u2019s one of those situations where believe thinks they\u2019re bigger than everybody else, that they can get away with this > Next > Next story in > Next story in 3/15/25, 11:30 Judge sides with woman fired from on jobless benefits 3/11 In fact, she never did report what happened with Rovig to MSU. She told a mandatory reporter. Before getting fired, the woman worked full-time in the Office of the Registrar. Rovig signed and dated her termination letter on March 13. \u201cAny employee involved in an Office of Institutional Equity investigation would be made aware of the provisions against retaliation spelled out in MSU\u2019s Relationship Violence and Sexual Misconduct policy and be given the opportunity to file such a complaint,\u201d Cody said. However, the woman says she wasn\u2019t given that information was told verbally that was not entitled to any of those services from because had already been fired,\u201d she said couldn\u2019t be represented by the union wasn\u2019t entitled to file any sort of complaint at that point, they were just following up\u2026and at this point, I\u2019m exploring legal options can appeal this ruling within 30 calendar days after the decision is mailed. The last day for the university to do so is July 24th. According to the document, signed by Judge Jeffrey Kemm, the order becomes final unless it\u2019s appealed. The decision was mailed to all parties involved, including MSU. The reversed decision no longer disqualifies the woman from unemployment. She\u2019s also entitled to benefits for each claimed week following the filing for them. The victim was unemployed for six weeks before eventually finding a job in another state. Copyright 2025 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed > Next > Next story in > Next story in 3/15/25, 11:30 Judge sides with woman fired from on jobless benefits 4/11 These spring-cleaning tools will make cleanup a breeze / 23 Hours Ago Spring cleaning is that special time of year when you dive in and eradicate household grime. These are the right tools to help you do your best work. Ninja appliances are up to 40% off right now > Next > Next story in > Next story in 3/15/25, 11:30 Judge sides with woman fired from on jobless benefits 5/11 / 23 Hours Ago If spring\u2019s arrival has you feeling like making a fresh start in the kitchen, now\u2019s the time \u2014 Ninja\u2019s popular, high-tech appliances are on sale. Pet products rule Walmart\u2019s Flash Deals this week / 23 Hours Ago Walmart has a ton of amazing deals on pet products this week, so you can treat your pet to something nice \u2014 without breaking the bank. View All BestReviews > Next > Next story in > Next story in 3/15/25, 11:30 Judge sides with woman fired from on jobless benefits 6/11 Top Stories New state looks to ban this question asked to drivers The Disney line-swapping hack ever parent needs to \u2026 United Airlines gate agent punched in face in Why these pennies are sometimes worth thousands How will Trump\u2019s Education Department cuts affect > Next > Next story in > Next story in 3/15/25, 11:30 Judge sides with woman fired from on jobless benefits 7/11 Large crowds converge in Belgrade for protest rally prepares to deport about 300 alleged gang members \u2026 Monster storm across the sparks threat of tornadoes \u2026 Extreme weather expected Saturday gets rarely used \u2026 Russia and Ukraine trade overnight aerial attacks \u2026 Hamas says it will only release American-Israeli \u2026 Starmer urges Putin to prove he is serious about \u2026 Voters flood town halls with fears of Social Security \u2026 More Stories 6 News Video > Next > Next story in > Next story in 3/15/25, 11:30 Judge sides with woman fired from on jobless benefits 8/11 More Videos Walmart\u2019s \u2018Flash Deals\u2019 are filled with hidden gems \u2026 Holiday 2 days ago Gifts and goodies every kid will want in their Easter \u2026 Holiday 2 days ago Easter basket ideas that teens won\u2019t hate Holiday 2 days ago Le Creuset, Ninja and more top Amazon\u2019s \u2018hot\u2019 \u2026 Holiday 3 days ago Easter sets are perfect basket-fillers Holiday 3 days ago > Next > Next story in > Next story in 3/15/25, 11:30 Judge sides with woman fired from on jobless benefits 9/11 Mid-Michigan's source for breaking news, weather and sports Contact Us-Report It Public File Public File Public File Children\u2019s Report Children\u2019s Report Work For Us Mission Applications Get News App Get Weather App Stay Connected Ulta\u2019s 21 Days of Beauty sale is live now Holiday 3 days ago View All BestReviews Picks > Next > Next story in > Next story in 3/15/25, 11:30 Judge sides with woman fired from on jobless benefits 10/11 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 3/15/25, 11:30 Judge sides with woman fired from on jobless benefits 11/11"}
8,433	Marybeth Gasman	University of Pennsylvania	[ "8433_101.pdf", "8433_102.pdf", "8433_103.pdf", "8433_104.pdf", "8433_105.pdf", "8433_102.pdf", "8433_102.pdf" ]	{"8433_102.pdf": "Penn professor allegedly investigated for sexual misconduct and racist behavior By Manlu Liu 08/30/19 1:29am File Photo Penn Graduate School of Education professor Marybeth Gasman has been accused of fostering a racially insensitiv and sexually inappropriate climate in her workplace on campus. Gasman, who ran the Center for Minority Serving Institutions and studied historically black colleges and universities, was investigated by the University, Inside Higher Ed reported. Gasman is leaving after 16 years at Penn and will start at Rutgers University \u2013 New Brunswick on Sept. 1. 3/15/25, 12:50 Penn professor allegedly investigated for sexual misconduct and racist behavior \| The Daily Pennsylvanian 1/4 Gasman allegedly made comments about both her and her staff\u2019s bodies and sex lives in group texts, according to the report. She was accused of \u201cfetishizing\u201d some of her Latinx and black staff and students. Former Center for Minority Serving Institutions assistants, who were not named in the Inside Higher Ed article, accused Gasman of rubbing men's arms and chests and asking two people to compare butt sizes. She also repeatedly encouraged a ma and woman to \"hook up.\" The complaint against Gasman also included several sexually explicit texts that Gasman sent to her work group chats. She allegedly wrote \"Please get a room, you two,\u201d and said that one staff member \u201csucks and flashes.\u201d Following the University investigation into the complaints against Gasman, Penn took a number of steps to \"chang the culture,\" the report said master's students were relocated from Gasman's center to another part of Penn' campus. Gasman's grant writer, who participated in the sexually explicit text messages, resigned following the investigation, according to the article. Gasman did not respond to a request for comment from The Daily Pennsylvanian. In response to the report Dean Pam Grossman emailed members of the Penn community on Aug. 27 stating that she is not able to discuss individual personnel matters and reiterated GSE's dedication to a \"respectful, professional workplace and a strong, equitable, and responsive community.\" Grossman also said does not condone sexual misconduct on campus and assured that the University responds to all reports of sexual harassment. \"Let me be clear: Penn does not tolerate sexual misconduct and harassment and is committed to doing everything possible to create an environment where every member of the community feels respected and safe,\" sh wrote. Grossman did not respond to a request for comment. University spokesperson Stephen MacCarthy said Penn has no further comment beyond Grossman's email. Gasman is still slated to finish moving her Center for Minority Serving Institutions to Rutgers in just a few days. Th announcement of her move was made in December 2018. \u201cThe Graduate School of Education vetted Dr. Gasman before her appointment and eagerly looks forward to her joining the faculty as an internationally recognized expert in U.S. higher education,\u201d Rutgers spokesperson Neal Buccino told the Philadelphia Inquirer. The accusation against Gasman comes after years of efforts by graduate students petitioning for improvements to GSE's sexual harassment policies. In September 2017, the Graduate Employees Together-University of Pennsylvani published a petition calling for better procedures for students to report sexual harassment after incidents of 3/15/25, 12:50 Penn professor allegedly investigated for sexual misconduct and racist behavior \| The Daily Pennsylvanian 2/4 workplace sexual harassment at the school. Following their advocacy published an update to their sexual harassment policies in July 2018. As part of the updated policy, Penn began yearly staff and faculty training for sexual harassment and sexual violence reporting during the 2017-2018 academic year. In her email to the community, Grossman referred to the recently established training on sexual harassment and misconduct. She wrote that \"further training initiatives will continue in the upcoming academic year and beyond.\" Staff Reporter Ashley Ahn contributed reporting. 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 Next Previous \ue804 3/15/25, 12:50 Penn professor allegedly investigated for sexual misconduct and racist behavior \| The Daily Pennsylvanian 3/4 Penn freezes hiring, cuts spending in \u2018proactive\u2019 response to federal funding uncertainty Penn Medicine pauses pilot grant programs, citing federal funding uncertainty Penn professors join hundreds to protest research funding cuts at Phila. Stand Up for Science rally 3/15/25, 12:50 Penn professor allegedly investigated for sexual misconduct and racist behavior \| The Daily Pennsylvanian 4/4"}
7,406	Andrew Kortyna	Lafayette College	[ "7406_101.pdf", "7406_102.pdf", "7406_103.pdf", "7406_104.pdf", "7406_105.pdf", "7406_101.pdf", "7406_102.pdf", "7406_103.pdf", "7406_101.pdf", "7406_102.pdf", "7406_103.pdf" ]	{"7406_101.pdf": "From Casetext: Smarter Legal Research Kortyna v. Lafayette Coll. United States District Court, E.D. Pennsylvania. Sep 19, 2014 47 F. Supp. 3d 225 (E.D. Pa. 2014) Copy Citation Download Check Treatment Delegate legal research to CoCounsel, your new legal assistant. Try CoCounsel free Civil Action No. 14\u20132092. 09-19-2014 Andrew KORTYNA, Plaintiff, v and Wendy Hill, Defendants. STENGEL, District Judge. David Ferleger, Jenkintown, PA, for Plaintiff. John F. Stoviak, Joshua W.B. Richards, Saul Ewing LLP, Philadelphia, PA, Robert L. Duston, Saul Ewing LLP, Washington, DC, for Defendants. Sign In Search all cases and statutes... Opinion Case details 3/15/25, 11:26 Kortyna v. Lafayette Coll., 47 F. Supp. 3d 225 \| Casetext Search + Citator 1/36 228 228 David Ferleger, Jenkintown, PA, for Plaintiff. John F. Stoviak, Joshua W.B. Richards, Saul Ewing LLP, Philadelphia, PA, Robert L. Duston, Saul Ewing LLP, Washington, DC, for Defendants STENGEL, District Judge. Dr. Andrew Kortyna, a Lafayette College professor, brought this suit against the College and its former Provost after his request to have his attorney represent him at a school disciplinary hearing was denied. Two students have accused him of sexual harassment. These accusations allegedly caused him to develop debilitating anxiety and depression. Dr. Kortyna believes he cannot represent himself at his disciplinary hearing on these charges because of his mental and emotional condition. The defendants moved to dismiss the complaint under Rule 12(b)(6). For the reasons stated below will grant their motion and dismiss the complaint in its entirety 1 1 The alleged facts in this section are taken from the First Amended Complaint corrected (Doc. No. 11), unless otherwise noted. Lafayette College is a private liberal arts college in Easton, Pennsylvania that receives federal funding. Dr. Andrew Kortyna is a tenured physics professor at Lafayette. He received his Ph.D. in physics in 1993 and began teaching at Lafayette in 2001. Defendant Wendy Hill was the Provost of Lafayette College at the time the plaintiff filed his complaint. She left Lafayette to become the head of The Agnes Irwin School in Rosemont on July 1, 2014. a. Student Accusations against Dr. Kortyna On September 26, 2013, a senior at Lafayette College\u2014student W\u2014filed a complaint with Provost Wendy Hill accusing Dr. Kortyna of sexually harassing her. On October 2, 2013, Provost Hill telephoned Dr. Kortyna to 2 3/15/25, 11:26 Kortyna v. Lafayette Coll., 47 F. Supp. 3d 225 \| Casetext Search + Citator 2/36 inform him that a student complaint had been filed against 229 him. She did not provide him with more specifics and told him that she had no documentation. The plaintiff alleges that she did, in fact, have more information and documentation at the time of this call. 229 2 Allegedly, this same student also filed complaints against other faculty and staff. On October 3, 2013, another student\u2014student B\u2014filed a one-sentence complaint of sexual harassment against Dr. Kortyna. This student is allegedly a close friend of student W. On October 4, 2013, Dr. Kortyna \u201capologized to for anything he might have done to upset her\u201d during a conversation that \u201clasted about less than a minute and took place in public in front of the Hugel Science Center which houses Andrew Kortyna's office and laboratory, and all physics labs and classrooms.\u201d Several dozen people were within 100 feet of the two. On October 7, 2013, Dr. Kortyna was given the student complaints, which were later amended. The complaints he received were short and offered no factual explanation or description. Student alleged that he had harassed her for nearly two years, while student claimed he had harassed her for several months. On November 6, 2013, Provost Hill informed Dr. Kortyna that she had rejected student B's complaint but not student W's complaint. Over the next several weeks, Provost Hill allegedly \u201cpressured\u201d Dr. Kortyna to agree to be dismissed from the College. Allegedly, Provost Hill indicated that his agreement to be dismissed from the College would halt the investigations against him. On December 17, 2013, Provost Hill issued two investigative reports. One found possible merit in student W's accusations. The other found that Dr. Kortyna did not harass student but may have retaliated against her for filing her complaint, based on his conversation with her on October 4, 2013. On January 3, 2014, Professor Robert Cohn, Chair of Lafayette College's Appeal and Grievance Committee, informed Dr. Kortyna that a hearing committee was being formed to hear the two student complaints. On 3/15/25, 11:26 Kortyna v. Lafayette Coll., 47 F. Supp. 3d 225 \| Casetext Search + Citator 3/36 February 3, 2014, Professor Cohn informed Dr. Kortyna that the Lafayette College Hearing Committee had been formed and the hearing would occur within 21 days. On February 12, 2014, the Lafayette College Hearing Committee then informed Dr. Kortyna that the hearing dates were set for March 5, 2014 and March 6, 2014. b. Dr. Kortyna's Mental Health Condition As a result of the complaints made against him, Dr. Kortyna began to experience anxiety attacks and bouts of depression. On October 5, 2013, he collapsed, \u201cwas sobbing,\u201d and \u201cincoherent.\u201d His primary care doctor prescribed him anti-anxiety medication. He had never taken any psychiatric medication before this in his life. On October 23, 2013, Dr. Kortyna suffered another anxiety attack and was prescribed anti-depressant medication by his doctor. Over the next several months, Dr. Kortyna continued to have debilitating attacks, and his medication was increased. On November 27, 2013, Dr. Kortyna began therapy with psychologist Dr. Robert Chupella for treatment of what he described as a \u201cnervous breakdown\u201d caused by the stress of the unfounded harassment allegations. He was eventually diagnosed with Major Depressive Disorder, Single Episode, Severe without Psychotic Features Axis I, 296.23), and Panic Disorder without Agorophobia Axis I, 300.01). On January 31, 2013, he was evaluated by Dr. Kenneth Weiss, a forensic psychiatrist, 230 at the request of his attorney. Dr. Weiss was specifically retained to offer an opinion of whether Dr. Kortyna would be able to handle the stress of the upcoming disciplinary hearing. Dr. Weiss' opinion stated that \u201cDr. Kortyna, due to his mental condition, would not be able to function at his best\u201d and advised that he be permitted to have legal counsel present at his disciplinary hearing because he may not be able to \u201cretain sufficient control of his thoughts and feelings to perform adequately.\u201d Dr. Weiss indicated that Dr. Kortyna might be impaired in speaking before a group that would include his accusers; however, \u201c[w]riting is something he can still do.\u201d Dr. Weiss' evaluation noted that the \u201ceye contact\u201d of Dr. Kortyna's accusers \u201cmade him very nervous.\u201d 230 3 4 5 6 3/15/25, 11:26 Kortyna v. Lafayette Coll., 47 F. Supp. 3d 225 \| Casetext Search + Citator 4/36 3 See First Am. Compl., Doc. No. 11, Ex at 2 (Letter of Dr. Weiss to David Ferleger, Esq., Feb. 4, 2014) (\u201cDue to Dr. Kortyna's mental condition, you have asked for my opinion as to whether he would have the capacity to present a defense for himself without your presence.\u201d). 4 See id. at 4 (\u201cYou have asked whether he would be able to withstand the stress of the anticipated \u2018trial\u2019 such that he would retain sufficient control of his thoughts and feelings to perform adequately. In my opinion, he would not.\u201d). 5 See id. (\u201cWriting is something he can still do, he said, but the problem would be if he had to speak before a group that included the two students and others who had not yet been named. Though he was aware that he had the right to have peer counsel present, he was quite fearful that he would fall apart and not be able to direct questions at the accusers or to defend himself without feeling out of control.\u201d). 6 See id. (\u201cDr. Kortyna said that one of the accusers, W, appeared at a school event in November. Although they did not speak, they made eye contact, which made him very nervous.\u201d). Dr. Weiss diagnosed him with depression and anxiety. Dr. Weiss and Dr. Chupella noted that his condition involved serious impairment, \u201c[t]hough he [was] not disabled from his ordinary teaching duties.\u201d He only missed one day of work during this period but began having difficulty concentrating and working on his research. He was unable to prepare for an upcoming lecture he was scheduled to give in Colorado because he had a panic attack. 7 8 7 First Am. Compl., Doc. No. 11, Ex at 1\u20132. 8 Id. at 2. c. Lafayette's Disciplinary Procedure for Faculty Members 3/15/25, 11:26 Kortyna v. Lafayette Coll., 47 F. Supp. 3d 225 \| Casetext Search + Citator 5/36 Allegations of sexual harassment against members of the faculty should be made to the Provost of Lafayette College. The Provost is then responsible for conducting an investigation of the complaint. At the start of the investigation, the Provost should inform the accused faculty member of the applicable policies and procedures, along with a copy of the complaint and the identity of the accuser. The faculty member is then given the opportunity to respond. When the investigation is finished, the Provost informs the parties in writing of the outcome. \u201cPossible outcomes of the investigation by the Officer are: (a) a judgment that the allegations are not warranted, (b) a negotiated resolution 231 of the complaint, or (c) a judgment that there is a reasonable basis for concluding that a violation of this policy has occurred.\u201d 9 10 11 12 231 13 9 See First Am. Compl., Doc. No. 11, Ex at 130 (Lafayette College Policies on Sexual Assault and Sexual Harassment) (\u201cAllegations against members of the Faculty should be made to the Provost. In addition, allegations arising out of the teaching role of any instructor of a course should similarly be made to the Provost.\u201d). 10 Id. at 130, 132. 11 Id. 12 Id. 13 Id. If a negotiated resolution can't be reached, the Provost shall report her conclusions to the complainant and the accused. \u201cAt this stage, the accused may elect to have the Provost resolve the matter by accepting the sanctions recommended by the Provost.\u201d The alternative is to have the case presented to a Hearing Committee, which is a group of five disinterested tenured faculty members formed to hear the case.14 3/15/25, 11:26 Kortyna v. Lafayette Coll., 47 F. Supp. 3d 225 \| Casetext Search + Citator 6/36 14 Id. at 131, 132\u201333. Essentially, the faculty member should be unbiased and have no ties to either the faculty member (i.e. as a member of the same department) or the students involved. Faculty disciplinary hearings in front of the Hearing Committee look like court proceedings. According to the policies and procedures outlined in the Lafayette's Faculty Handbook, the Provost is responsible for presenting witnesses and evidence against an accused faculty member. The Chair of the Hearing Committee presides over the proceedings like a judge, ensuring that there is a fair presentation of all evidence and an equitable treatment of both parties. The accused faculty member is responsible for presenting his/her case. He/she \u201cmay be accompanied only by counsel chosen by him/her from the Faculty or Administration of the College,\u201d who may provide advice during the hearing. The proceedings are recorded by a stenographer. The Hearing Committee is permitted access to independent counsel but this counsel is not allowed to attend the hearing itself.15 15 Id. at 133. After the hearing is held, the Committee deliberates over what was presented and may determine by a preponderance of the evidence if there was a violation of the sexual harassment policy and what sanctions would be appropriate. The findings of the Committee are then reviewed for fairness by the Hearing Review Committee.16 16 Id. at 134\u201336. d. Dr. Kortyna's Disciplinary Hearing Eventually, the disciplinary proceeding was held on March 25, 2014. Prior to this hearing, Dr. Kortyna requested that his private legal counsel be present at the hearing as an \u201caccommodation\u201d for his mental health condition. The College denied this request. The College did, however, place restrictions on the student complaintants' ability to be at hearing because Dr. Kortyna's inability to function appeared to stem from his being in their presence. The complaintants were only permitted in the hearing during their 17 3/15/25, 11:26 Kortyna v. Lafayette Coll., 47 F. Supp. 3d 225 \| Casetext Search + Citator 7/36 testimony. Provost Hill allegedly added additional procedures for the hearing, not found in the Handbook, immediately prior to Dr. Kortyna's hearing.18 17 See First Am. Compl., Doc. No. 11 at 22 (\u201cAs you know, the Committee has already decided, based on its understanding of the outlined hearing procedures, that the Complainants should not be in the hearing room except to present their testimony and answer questions.\u201d); First Am. Compl., Doc. No. 11, Ex. C. 18 It is unclear from the complaint what exactly these additional procedures were. During the hearing, Dr. Kortyna \u201cwas unable to cooperate with\u201d his faculty counsel and appeared not to be understanding what his counsel was telling him. Dr. Kortyna's cross examination of W's boyfriend \u201cresulted in an intemperate exchange, and 232 a recess called by the Committee Chair.\u201d The hearing was not completed that day. 232 The following day, Dr. Kortyna requested in writing that the hearing be discontinued \u201cto permit [his] lawyer to work this out with the College's lawyer or for the federal court to rule on an urgent basis\u201d regarding his claims under the ADA. In that written statement, Dr. Kortyna claimed he could not \u201cconcentrate\u201d or \u201cengage\u201d in the hearing because he \u201ccould not control [his] temper\u201d and was \u201cdisoriented, frustrated and angry.\u201d He indicated that the most he could do in the hearing would be to \u201cread out loud questions [his] lawyer writes.\u201d e. Written Request for Accommodation and Lafayette's Response On March 28, 2014, Dr. Kortyna was again evaluated by Dr. Weiss. Though he was not having suicidal thoughts, Dr. Kortyna \u201cwas thinking of going into a hospital.\u201d Dr. Weiss and Dr. Chupella recommended that he take \u201ca disability hiatus from work.\u201d Dr. Weiss again recommended that Dr. Kortyna be permitted the accommodation of his attorney at his disciplinary hearing due to his anxiety, which he labeled as Adjustment Disorder. He 19 20 3/15/25, 11:26 Kortyna v. Lafayette Coll., 47 F. Supp. 3d 225 \| Casetext Search + Citator 8/36 analogized Dr. Kortyna's accommodation to \u201chandicap access\u201d or \u201csensory enhancement.\u201d21 19 Id. 20 Id. at 3. 21 Id. On April 1, 2014, the Lafayette College Hearing Committee refused to grant Dr. Kortyna's requested accommodation of having his attorney represent him at the hearing. Instead, the Committee offered the following accommodations: 1) the complaintants will be required to sit on the same side of the table as Dr. Kortyna and to direct their answers to the Committee only so as to \u201cavoid eye contact\u201d with him; 2) Dr. Kortyna may leave the room during the complaintants' direct testimony and may cross-examine them via video or other means, if he is uncomfortable being in the same room as they are; 3) Dr. Kortyna can present written statements from himself and/or other witnesses; 4) Dr. Kortyna can write out questions for direct examination of witnesses that his faculty counsel could read so long as those questions are provided to the Committee first; 5) Dr. Kortyna can cross-examine witnesses after the Committee has asked the witnesses their questions, so that he has time to formulate his cross-examination questions; 6) Dr. Kortyna may ask for a \u201creasonable break\u201d from the proceedings to be able to prepare cross-examination questions; 7) Dr. Kortyna's faculty counsel could read his cross-examination questions to the witness, if he was unable to do so himself; and 8) Dr. Kortyna's faculty counsel would be permitted to present any other statements that he would like to make after the Committee has reviewed them first, if he felt uncomfortable verbalizing them himself. The Committee and Provost, however, would still be able to verbally cross-examine Dr. Kortyna and his witnesses. The Committee explained that Dr. Kortyna's request for his personal attorney to be present was not \u201creasonable\u201d because it \u201cwould fundamentally alter the nature of the proceedings and the rights accorded to 3/15/25, 11:26 Kortyna v. Lafayette Coll., 47 F. Supp. 3d 225 \| Casetext Search + Citator 9/36 Complainants and faculty under the Faculty Handbook, and would impose an undue administrative burden on the hearing process.\u201d The Committee's letter requested that Dr. Kortyna let them know if these accommodations were acceptable. f. Dr. Kortyna's Federal Action On April 10, 2014, the plaintiff filed this suit instead of responding to the Committee's 233 April 1, 2014 letter. The plaintiff alleges that he was unable to speak, think, communicate and participate effectively during the March 25, 2014 session of a disciplinary hearing and will be unable to do so during future hearings. The complaint alleges that Lafayette's \u201cactions are seriously interfering with Professor Kortyna's right to prepare for the hearings to which he is entitled.\u201d He claims that Lafayette College has violated Title of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973. He seeks injunctive relief and a declaratory judgment under both statutes along with attorney's fees and costs, along with damages in a jury trial under Section 504. The plaintiff also alleges a claim of intentional infliction of emotional distress against Wendy Hill. In response, the defendants filed this motion to dismiss. 233 motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim upon which relief can be granted examines the legal sufficiency of the complaint. Conley v. Gibson, 355 U.S. 41, 45\u201346, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957). The factual allegations must be sufficient to make the claim for relief more than just speculative. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). In determining whether to grant a motion to dismiss, a federal court must construe the complaint liberally, accept all factual allegations in the complaint as true, and draw all reasonable inferences in favor of the plaintiff. Id.; see also D.P. Enters. v. Bucks County Cmty. Coll., 725 F.2d 943, 944 (3d Cir.1984). 22 22 In deciding a motion to dismiss, the court should consider the allegations in the complaint, exhibits attached to the complaint, and matters of public record. See Pension Benefit Guar. Corp. v. White Consol. Indus., Inc., 998 F.2d 3/15/25, 11:26 Kortyna v. Lafayette Coll., 47 F. Supp. 3d 225 \| Casetext Search + Citator 10/36 1192, 1196 (3d Cir.1993). The court may also consider \u201cundisputedly authentic\u201d documents when the plaintiff's claims are based on the documents and the defendant has attached copies of the documents to the motion to dismiss. Id. The Federal Rules of Civil Procedure do not require a plaintiff to plead in detail all of the facts upon which she bases her claim. Conley, 355 U.S. at 47, 78 S.Ct. 99. Rather, the Rules require a \u201cshort and plain statement\u201d of the claim that will give the defendant fair notice of the plaintiff's claim and the grounds upon which it rests. Id. The \u201ccomplaint must allege facts suggestive of [the proscribed] conduct.\u201d Twombly, 550 U.S. at 564, 127 S.Ct. 1955. Neither \u201cbald assertions\u201d nor \u201cvague and conclusory allegations\u201d are accepted as true. See Morse v. Lower Merion School Dist., 132 F.3d 902, 906 (3d Cir.1997) ; Sterling v. Se. Pa. Transp. Auth., 897 F.Supp. 893 (E.D.Pa.1995). The claim must contain enough factual matters to suggest the required elements of the claim or to \u201craise a reasonable expectation that discovery will reveal evidence of\u201d those elements. Phillips v. County of Allegheny, 515 F.3d 224, 234 (3d Cir.2008) (quoting Twombly, 550 U.S. at 556, 127 S.Ct. 1955 court \u201cmay dismiss a complaint only if it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations.\u201d Brown v. Card Serv. Ctr., 464 F.3d 450, 456 (3d Cir.2006) (quoting Hishon v. King & Spalding, 467 U.S. 69, 73, 104 S.Ct. 2229, 81 L.Ed.2d 59 (1984 234 a Title Claim 23 234 24 23 Jurisdiction over the federal claims against Lafayette College is invoked pursuant to 28 U.S.C. \u00a7 1331, the (42 U.S.C. \u00a7 12188 ), and Rehabilitation Act of 1973 (29 U.S.C. \u00a7 794a ). Jurisdiction over the state law claim is appropriate under 28 U.S.C. \u00a7 1367. Venue is appropriate in this district because the plaintiff and the defendants are located in this district. 3/15/25, 11:26 Kortyna v. Lafayette Coll., 47 F. Supp. 3d 225 \| Casetext Search + Citator 11/36 24 The plaintiff argues that this motion should be dismissed because the defendants exceeded the page limit maximum on their brief. In response, the defendants argue that they were granted verbal leave by someone from my chambers. While typically grant leave to exceed the page limit maximum via written request will not dismiss this motion based on that reason. The defendants' actions do not warrant that sort of sanction. Neither efficiency nor justice would be served if were to dismiss this motion for that reason, especially when the parties had invested substantially time and effort in arguing their points in their briefs. The plaintiff claims that Lafayette's failure to modify its disciplinary proceedings to allow his attorney to represent him at the hearing was a violation of Title of the ADA. No exhaustion is required on a Title claim. See, e.g., O'Shea v. Interboro School Dist., No. 13\u2013cv\u201306305, 2014 1673237, at 3 n. 4 (E.D.Pa. Apr. 28, 2014) (citing Burkhart v. Widener Univ., Inc., 70 Fed.Appx. 52, 54 (3d Cir.2003) ) (citations omitted); Estrada v. Trager, No. CIV.A. 01\u20134669, 2002 31053819, at 7 (E.D.Pa. Sept. 10, 2002) ; Hill v. Park, No. Civ.A. 03\u20134677, 2004 180044, at 2\u20133 (E.D.Pa. Jan. 27, 2004) ; Moyer v. Showboat Casino Hotel, 56 F.Supp.2d 498, 499 (D.N.J.1999) ; McInerney v. Rensselaer Polytechnic Inst., 505 F.3d 135, 138 (2d Cir.2007) (explaining how Title requires exhaustion but Title does not). Lafayette argues that his claim is more properly brought under Title of the ADA, which requires that a complaint first be filed with the Equal Employment Opportunity Commission (EEOC). Title prohibits employers and other covered entities from discriminating against qualified individuals with disabilities in \u201cthe hiring, advancement, or discharge of employees, employment compensation, job training and other terms, conditions, and privileges of employment.\u201d 42 U.S.C. \u00a7 12112(a). Title III, on the other hand, covers discriminatory acts that prevent disabled individuals from accessing \u201cgoods, services, facilities, privileges, advantages, or accommodations\u201d found in \u201ca place of public accommodation.\u201d 25 26 25 Title specifically states: No covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee 3/15/25, 11:26 Kortyna v. Lafayette Coll., 47 F. Supp. 3d 225 \| Casetext Search + Citator 12/36 compensation, job training, and other terms, conditions, and privileges of employment. 42 U.S.C.A. \u00a7 12112(a). 26 Title of the states: No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation. 42 U.S.C. \u00a7 12182(a). \u201cTerms and conditions of employment are covered under Title I, not Title III.\u201d Ford v. Schering\u2013Plough Corp., 145 F.3d 601, 612 (3d Cir.1998). The Third Circuit explained in Menkowitz v. Pottstown Memorial Medical Center that \u201cit is evident that Congress sought to regulate disability discrimination in the area of employment exclusively through Title I, notwithstanding the broad language of Title III.\u201d 154 F.3d 113, 118\u201319 (3d Cir.1998). The key to determining whether a claim falls under Title or under Title is whether the benefits received have a \u201cnexus\u201d to the place of public accommodation or whether they are related to the 235 person's employment. See Ford, 145 F.3d at 612\u201313. 235 Title clearly applies in this case. But for the employee-employer relationship, Dr. Kortyna and Lafayette would not be connected. The disciplinary hearing relates to the terms and conditions of his employment 3/15/25, 11:26 Kortyna v. Lafayette Coll., 47 F. Supp. 3d 225 \| Casetext Search + Citator 13/36 as a professor, as outlined in the Faculty Handbook. The alleged discrimination relates to a policy that deals with the possible \u201cdischarge\u201d of the plaintiff, falling squarely within the language of Title I. The ADA's Title non-discrimination provisions cover \u201call aspects of the employment process, including disciplinary actions Title Technical Assistance Manual (TAM) at I\u20134; see also \u00a7 7.7. As the Third Circuit explained in Menkowitz, \u201cCongress did not intend Title III\u2014despite the breadth of its language\u2014to govern discrimination within the employment setting and we cannot construe Title in a manner that would eviscerate such a salient legislative mandate.\u201d 154 F.3d at 119. 27 28 29 27 As the plaintiff even admits \u201c[t]he result of this hearing ... may result in his dismissal and the end of his career.\u201d See First Am. Compl., Doc. No. 11 at \u00b6 68. 28 See also The Americans With Disabilities Act: Applying Performance and Conduct Standards to Employees With Disabilities, EEOC, September 3, 2008, available at (\u201c15. Does an employer have to provide a reasonable accommodation to an employee with a disability who needs one to discuss a performance or conduct problem?\u201d with answer). 29 Courts have also rejected similar arguments under Title II. See, e.g., Koslow v. Commonwealth of Pa., 158 F.Supp.2d 539, 542 (E.D.Pa.2001 am convinced that Congress intended Title to be the sole avenue for pursuing employment discrimination claims based on disability. Title expressly deals with employment discrimination, while Title deals with \u201c \u2018services, programs, or activities of a public entity,\u2019 \u201d 42 U.S.C. \u00a7 12132, and \u201c \u2018where Congress includes particular language in one section of a statute but omits it in another section of the same Act, it is generally presumed that Congress acts intentionally and purposely in the disparate inclusion or exclusion.\u2019 \u201d \u201d) (aff'd in part, rev'd in part on different grounds by Koslow v. Commonwealth of Pa., 302 F.3d 161 (3d Cir.2002) ); Coleman v. Pennsylvania State Police, No. 11\u2013 1457, 2013 3776928, at 26 (W.D.Pa. Jul. 17, 2013) (\u201cCongress did not intend Title of the to create a private right of action for individuals pursuing employment discrimination.\u201d) (citations omitted); Elwell v. Okla. ex rel. Bd. of Regents of Univ. of Okla., 693 F.3d 1303, 1306 n. 1, 1306\u201309, 1314 3/15/25, 11:26 Kortyna v. Lafayette Coll., 47 F. Supp. 3d 225 \| Casetext Search + Citator 14/36 (10th Cir.2012), cert. denied, \u2013\u2013\u2013 U.S. \u2013\u2013\u2013\u2013, 133 S.Ct. 1255, 185 L.Ed.2d 181 (2013) (\u201cAll this strongly suggests that Title I, not Title II, is the proper tool for pursuing employment discrimination claims.... The Third and Sixth Circuits, too, have expressed the view that Title is the exclusive province of employment discrimination within the ADA....\u201d). The plaintiff argues that he may bring his claim under both Title and Title III. He cites Fletcher v. Tufts Univ., 367 F.Supp.2d 99, 115 (D.Mass.2005), and Carparts Distrib. Ctr. v. Auto. Wholesaler's Ass'n, 37 F.3d 12 (1st Cir.1994), to support this point. Precedent undercuts the plaintiff's argument. As Conners v. Maine Medical Center explains (a case to which the plaintiff also cites for this point), the Third Circuit and First Circuit disagree about the applicability of Title in certain employment-related disputes. 42 F.Supp.2d 34, 46 (D.Me.1999). In Ford, the Third Circuit specifically rejected the reasoning in Carparts and, instead, adopted the reasoning from the Sixth Circuit's Parker v. Metropolitan Life Ins. Co., 99 F.3d 181 (6th Cir.1996). Ford, 145 F.3d at 613\u201314 (\u201cWe also note that, by aligning ourselves with the Sixth Circuit's Parker decision regarding the definition of \u2018public accommodation[,]\u2019 we part company with the First Circuit in this regard.\u201d). 236 The plaintiff also cites to Judge Buckwalter's decision in DeWyer v. Temple University as support for this argument. No. CIV.A.00\u2013CV\u20131665, 2001 115461 (E.D.Pa. Feb. 5, 2001). While it is true that Judge Buckwalter acknowledged that there may be a situation in which a plaintiff could bring both a Title and Title claim, he explained that the plaintiff in that hypothetical scenario would need to show both that she was seeking an accommodation related to her employment and would need to show that she was seeking \u201canother benefit or privilege that is unrelated to her employment but is directly connected to her employer's physical place, thus satisfying the Ford nexus test without implicating her employment relationship with her employer, which would force her claim back to the ambit of Title I.\u201d Id. at 3. This is not such a scenario. The plaintiff's right to a disciplinary hearing on charges of misconduct derives from his employment relationship with Lafayette, not from some other relationship between the parties (i.e. one in which he is both a student at the university and a professor). Like Judge Buckwalter in DeWyer agree that \u201c[t]o find Title applicable in this case would be to ignore Congress' attempt to 236 30 3/15/25, 11:26 Kortyna v. Lafayette Coll., 47 F. Supp. 3d 225 \| Casetext Search + Citator 15/36 carve out specific legislation to govern disability discrimination in the employment context.\u201d Id. 30 See Long v. Howard Univ., 439 F.Supp.2d 68 (D.D.C.2006) (potential violation under Title when Ph.D. student claimed university did not make reasonable accommodations to allow him to finish his degree). The plaintiff argues that the claim falls under Title because the accommodation involves a \u201cmodification of policies.\u201d The plaintiff points to 42 U.S.C. \u00a7 12182(b)(2)(A)(ii) as support for his argument that the modification of a policy\u2014which is divorced from access to place\u2014is appropriate under Title III. This argument 237 has no merit. The plaintiff fails to explain that 42 U.S.C. \u00a7 12182(b)(2)(A)(ii) refers back to 42 U.S.C. \u00a7 12182(a), which requires some denial of access to \u201ca place of public accommodation.\u201d The Third Circuit has interpreted 42 U.S.C. \u00a7 12182(a) of Title to exclude non-physical access. See Ford, 145 F.3d at 614 (\u201c[P]ublic accommodation\u201d does not \u201crefer to non-physical access.\u201d). The plaintiff admits that this suit \u201cis not about physical access to a movie theater or a sidewalk, which Title covers in its provisions on physical access to structures.\u201d 31 32 237 33 34 35 31 Id. 32 See Plaintiff's Brief in Opposition to Defendants' Motion to Dismiss, Doc. No. 19 at 12. The portion of Title III, to which the plaintiff cites, states: 2) Specific prohibitions (A) Discrimination For purposes of subsection (a) of this section, discrimination includes \u2014 3/15/25, 11:26 Kortyna v. Lafayette Coll., 47 F. Supp. 3d 225 \| Casetext Search + Citator 16/36 (i) the imposition or application of eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any goods, services, facilities, privileges, advantages, or accommodations, unless such criteria can be shown to be necessary for the provision of the goods, services, facilities, privileges, advantages, or accommodations being offered; (ii) a failure to make reasonable modifications in policies, practices, or procedures, when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such goods, services, facilities, privileges, advantages, or accommodations; (iii) a failure to take such steps as may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, unless the entity can demonstrate that taking such steps would fundamentally alter the nature of the good, service, facility, privilege, advantage, or accommodation being offered or would result in an undue burden; (iv) a failure to remove architectural barriers, and communication barriers that are structural in nature, in existing facilities, and transportation barriers in existing vehicles and rail passenger cars used by an establishment for transporting individuals (not including barriers that can only be removed through the retrofitting of vehicles or rail passenger cars by the installation of a hydraulic or other lift), where such removal is readily achievable.... 3/15/25, 11:26 Kortyna v. Lafayette Coll., 47 F. Supp. 3d 225 \| Casetext Search + Citator 17/36 42 U.S.C. \u00a7 12182(b)(2)(A)(i)-(iv) (emphasis added). 33 The plaintiff also offers precedent from other circuits to support this argument. None of these cases is persuasive because none involve parties with established employer-employee relationships. See Dudley v. Hannaford Bros. Co., 333 F.3d 299, 312 (1st Cir.2003) (finding that a store's policy to prohibit a customer access as a result of effects of her disability offends Title III); Lentini v. Cal. Ctr. for the Arts, 370 F.3d 837, 843\u201346 (9th Cir.2004) (finding that the policy of arts center prohibiting service dogs violated Title III); Fortyune v. Am. Multi\u2013Cinema, Inc., 364 F.3d 1075, 1087 (9th Cir.2004) (affirming the district court's finding that a movie theater's failure to modify its seating policy provided a plausible claim under Title of the ADA). 34 The plaintiff also cites to 28 C.F.R. \u00a7 36.202, which mirrors the language in 42 U.S.C. \u00a7 12182(a). It states: (a) Denial of participation public accommodation shall not subject an individual or class of individuals on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements, to a denial of the opportunity of the individual or class to participate in or benefit from the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation. 28 C.F.R. \u00a7 36.202. 35 Plaintiff's Brief in Opposition to Defendants' Motion to Dismiss, Doc. No. 19 at 11. 3/15/25, 11:26 Kortyna v. Lafayette Coll., 47 F. Supp. 3d 225 \| Casetext Search + Citator 18/36 The plaintiff also argues that Title does not apply because \u201creasonable accommodation\u201d as defined under that section does not list \u201caccess to a peripheral formal hearing process\u201d as being one of these accommodations. The definition is not exhaustive. The statute states that \u201c[t]he term \u2018reasonable accommodation\u2019 may include\u201d what is listed. See 42 U.S.C. \u00a7 12111(9)(b) (emphasis added). Ford further undercuts this argument. In that case, the Third Circuit found that an employee's access to insurance benefits would fall within the purview of Title I, not Title III. Accommodations related to employee insurance are not listed in 42 U.S.C. \u00a7 12111(9)(b). 36 36 Id. at 7. Lastly, the plaintiff offers several \u201canalogous\u201d cases in which Title was applied: Menkowitz v. Pottstown Mem. Med. Ctr., 154 F.3d 113, 122 (3d Cir.1998 Tour, Inc. v. Martin, 532 U.S. 661, 121 S.Ct. 1879, 149 L.Ed.2d 904 (2001) ; and Ault v. Walt Disney World Co., 692 F.3d 1212 (11th Cir.2012). These cases are not helpful to the analysis because they do not involve parties engaged in an employer-employee relationship. In both Tour, Inc. and Menkowitz, the disabled individuals were considered independent contractors, not employees, of the covered entities. In Ault, the plaintiff in that 238 case was clearly a customer of the defendant, and there was never a question of whether Title or Title applied. 37 238 38 37 In Tour, Inc. v. Martin, the Supreme Court affirmed the Ninth Circuit's finding that the use of a golf cart by a disabled competitor in tournaments would not fundamentally alter the nature of the Tour's tournaments. 532 U.S. at 682\u2013686, 121 S.Ct. 1879. The Tour argued in that case that Title I, not Title III, applied because the golfer's claim was \u201cjob-related.\u201d The Court did not specify whether this construction of the statute was correct but noted that Title \u201cdoes not apply because he is an independent contractor (as the District Court found) rather than an employee.\u201d Id. at 678, 121 S.Ct. 1879. The Court also found that golf courses were places of public accommodations, which further bolsters the argument that Title and not Title applies. See id. at 681, 121 S.Ct. 1879. In Menkowitz, the Third Circuit found that Title was applicable because the plaintiff did not allege he was an employee of the defendant but instead was more of an independent 3/15/25, 11:26 Kortyna v. Lafayette Coll., 47 F. Supp. 3d 225 \| Casetext Search + Citator 19/36 contractor. Id. at 122. Specifically, Menkowitz held that \u201ca medical doctor with staff privileges one who is not an employee for purposes of Title I\u2014may assert a cause of action under Title of the as an \u2018individual\u2019 who is denied the \u2018full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation.\u2019 \u201d Id. at 122. Other courts have found that the distinction of whether a person is an independent contractor versus an employee determines whether Title can apply. See Hetz v. Aurora Med. Ctr. of Manitowoc County, No. 06\u2013C\u2013636, 2007 1753428, at 14 (E.D.Wis. June 18, 2007) (denial of motion to dismiss Title claim of doctor as independent contractor). 38 See Ault, 692 F.3d at 1214 (\u201cMahala Ault, Stacie Rhea, and Dan Wallace ... brought a class action suit against Disney on behalf of past and future Disney customers who have a mobility disability and rely upon a Segway\u00ae for mobility assistance.\u201d) (emphasis added). Neither the alleged facts of this case nor the precedent in this Circuit support the plaintiff's Title claim. For these reasons will dismiss the plaintiff's claim. 39 40 39 The plaintiff argues that the question of whether the plaintiff's claim falls under Title or Title is a factual one which should not be decided at this stage. To support this argument, the plaintiff cites to Long v. Howard Univ., 439 F.Supp.2d 68 (D.D.C.2006). That case is not helpful. In Long, a Ph.D. candidate claimed that Howard University did not make reasonable accommodations to allow him to finish his degree. Id. at 70\u201373. There was no legal question in that case as to whether the plaintiff's claim fell under Title or Title because no employment relationship between the parties was alleged. The court denied summary judgment because factual disputes related to the Title claim remained. Id. at 76. There is no question from 3/15/25, 11:26 Kortyna v. Lafayette Coll., 47 F. Supp. 3d 225 \| Casetext Search + Citator 20/36 the facts alleged that the relationship between Dr. Kortyna and Lafayette is anything other than an employee-employer relationship. The case law makes clear this relationship is covered by Title I. See also DeWyer v. Temple Univ., No. CIV.A.00\u2013CV\u20131665, 2001 115461, at 3 (E.D.Pa. Feb. 5, 2001) (dismissing claim under Title because employee could not \u201cappropriately characterize herself as a non-employee for the sake of qualifying under Title as well as Title I\u201d). 40 While the plaintiff may have a claim under Title I, the plaintiff has not exhausted his administrative remedies. b. Section 504 of the Rehabilitation Act i. Exhaustion of Claims The plaintiff also claims that Lafayette's prohibition against his lawyer representing him at the disciplinary hearing violates Section 504 of the Rehabilitation Act. Section 504 \u201cbars both federal agencies and private entities that receive federal funding from discriminating on the basis of disability and is not limited to the employment context.\u201d Freed v. Consolidated Rail Corp., 201 F.3d 188, 190 (3d Cir.2000). Section 504 uses the same analysis as the regarding the merits of a claim. 29 U.S.C. \u00a7 794(d). However, 239 the exhaustion requirement for each differs. In Freed v. Consolidated Rail Corp., the Third Circuit held that \u201csection 504 plaintiffs may proceed directly to court without pursuing administrative remedies.\u201d 201 F.3d 188, 194 (3d Cir.2000). See Burkhart v. Widener Univ. Inc., 70 Fed.Appx. 52, 53\u201354 (3d Cir.2003) (affirming rule). While there appears to be some question of whether this same rationale applies to a Section 504 claim brought along with an claim am bound to follow Freed as precedential. 41 42 239 43 41 Specifically Section 504 states: No otherwise qualified individual with a disability ... shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal 3/15/25, 11:26 Kortyna v. Lafayette Coll., 47 F. Supp. 3d 225 \| Casetext Search + Citator 21/36 financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service. 29 U.S.C. \u00a7 794(a). 42 See Fowler v Shadyside, 578 F.3d 203, 208 (3d Cir.2009) (\u201cThe standards for determining whether a covered employer has violated \u00a7 794(d) have been coextensive with the standards for determining whether a covered employer has violated the ever since [Section 504 was amended in 1992].\u201d); Donahue v. Consolidated Rail Corp., 224 F.3d 226, 229 (3d Cir.2000) (\u201cThe elements of a claim under \u00a7 504(a) of the Rehabilitation Act are very similar to the elements of a claim under Title of the Americans with Disabilities Act....\u201d); Kralik v. Durbin, 130 F.3d 76, 80 (3d Cir.1997) (\u201c[W]hile we will focus our analysis primarily on the ADA, our analysis in this case applies equally to her Rehabilitation Act claim.\u201d). 43 In a non-precedential opinion after Freed, the Third Circuit noted that \u201c[l]ike an employment discrimination claimant, a \u00a7 504 claimant must also exhaust all administrative remedies in accordance with Title VII.\u201d Zankel v. Temple University, 245 Fed.Appx. 196, 199 n. 3 (3d Cir.2007). That case cited to Spence v. Straw, 54 F.3d 196, 201 (3d Cir.1995), which the Third Circuit found did not apply in Freed, without addressing Freed. See Freed, 201 F.3d at 192 (\u201cThe situation in Spence was far different than that presented here. Conrail is not a federal employer, but rather is the recipient of federal funding, and thus it can be sued for a violation of section 504 but not for a violation of section 501. Therefore, our concerns in Spence are not implicated here.\u201d). However, like other courts am bound to follow Freed as precedential. See Herring v. Chichester School District, No. 06\u20135525, 2007 3287400, at 2\u20133 (E.D.Pa. Nov. 6, 2007) ; Luise v. Colonial Intermediate Unit 20, No. 13\u2013cv\u201302626, 2014 1225969, at 8 (E.D.Pa. Mar. 21, 2014). Although the plaintiff's Section 504 claim does not need to be exhausted, the plaintiff fails to state a claim under this Section, as will explain below. 3/15/25, 11:26 Kortyna v. Lafayette Coll., 47 F. Supp. 3d 225 \| Casetext Search + Citator 22/36 ii. Failure to State a Claim The standards applied under Title of the are the standards \u201cused to determine whether this section has been violated.\u201d 29 U.S.C. \u00a7 794(d). An employer violates Title of the if the employer does not make reasonable accommodations for a disabled employee's \u201cknown physical or mental limitations.\u201d 42 U.S.C. \u00a7 12112(b)(5)(A). \u201cReasonable 240 accommodations\u201d may include, among other things, \u201cappropriate adjustment or modifications of examinations\u201d or \u201cthe provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.\u201d 42 U.S.C. \u00a7 12111(9). Both an employer and employee \u201chave a duty to assist in the search for appropriate reasonable accommodation and to act in good faith.\u201d Williams v. Philadelphia Housing Auth. Police Dep't., 380 F.3d 751, 771\u201372 (3d Cir.2004) (quoting Mengine v. Runyon, 114 F.3d 415, 420 (3d Cir.1997) ). 44 45 46 240 44 To make out a claim of discrimination under the Rehabilitation Act, Mr. Kortyna bears the burden of showing that: 1) he has a disability; 2) he is otherwise qualified to perform the essential functions of the job, with or without reasonable accommodations; and 3) he was, nonetheless, otherwise prevented from performing the job. Donahue v. Consolidated Rail Corp., 224 F.3d 226, 229 (3d Cir.2000) (quoting Shiring v. Runyon, 90 F.3d 827, 831 (3d Cir.1996) ). The Third Circuit Court of Appeals has indicated that the McDonnell Douglas burden-shifting framework applies to claims. See Shaner v. Synthes (USA), 204 F.3d 494, 500\u2013501 (3d Cir.2000). For the purposes of this motion only, the parties agree that the plaintiff is disabled. See Defendants' Memorandum of Law in Support of their Motion to Dismiss Plaintiff's Amended Complaint, Doc. No. 8, Ex. 1 at 10 n. 5. Viewing the facts in the light most favorable to the plaintiff, he appears qualified to perform the essential functions of his job. The question at the heart of this claim is whether Lafayette failed to accommodate his disability. 3/15/25, 11:26 Kortyna v. Lafayette Coll., 47 F. Supp. 3d 225 \| Casetext Search + Citator 23/36 45 The defendants argue that the claims are unripe because the disciplinary hearing has not yet concluded. While most claims involve some adverse employment action beyond just the failure to accommodate, termination, suspension, or disciplinary sanctions are not required for a claim to be brought under this theory. \u201cAdverse employment decisions in [the ADA] context include refusing to make reasonable accommodations for a plaintiff's disabilities.\u201d Colwell v. Rite Aid Corp., 602 F.3d 495, 503 (3d Cir.2010). 46 The statute also requires that the employee is a \u201cqualified individual\u201d with a disability. 42 U.S.C. \u00a7 12112(b)(5 \u201cqualified individual\u201d is \u201can individual who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.\u201d 42 U.S.C. \u00a7 12111(8 \u201cdisability\u201d is defined by the as: \u201c(A) a physical or mental impairment that substantially limits one or more of the major life activities of [an] individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment.\u201d 42 U.S.C. \u00a7 12102(2). Though the defendants make arguments indicating the plaintiff does not meet these definitions, the defendants have conceded that the plaintiff is a qualified individual with a disability for the purposes of this motion. See Defendants' Memorandum of Law in Support of their Motion to Dismiss Plaintiff's Amended Complaint, Doc. No. 8, Ex. 1 at 10 n. 5. To state a claim that an employer breached this duty to accommodate, an employee must show that: 1) the employer knew about the employee's disability; 2) the employee requested accommodations or assistance for his or her disability; 3) the employer did not make a good faith effort to assist the employee in seeking accommodations; and 4) the employee could have been reasonably accommodated but for the employer's lack of good faith. Williams, 380 F.3d at 772 (quoting Taylor v. Phoenixville School Dist., 184 F.3d 296, 319\u201320 (3d Cir.1999) ).47 3/15/25, 11:26 Kortyna v. Lafayette Coll., 47 F. Supp. 3d 225 \| Casetext Search + Citator 24/36 47 See also Stadtmiller v. Univ. of Pitts. Med. Ctr. Health Plan, Inc., 491 Fed.Appx. 334 (3d Cir.2012). From the facts alleged, Lafayette was aware of the plaintiff's disability. Dr. Kortyna requested accommodations for this disability prior to the disciplinary hearing. Lafayette modified the hearing as a result of this request. Lafayette only permitted the complaintants in the hearing during their own testimony because Dr. Kortyna's inability to function stemmed from his being in their presence. After the first day of the hearing, Lafayette offered additional accommodations. Dr. Kortyna would be permitted to use written questions and statements, offered additional time to formulate questions and statements, would be allowed to write questions that his faculty advisor could read if Dr. Kortyna was unable to do so, and would be permitted to cross-examine the complaintants via video or other means. These accommodations addressed the deficiencies in Dr. Kortyna's ability to function, which Dr. Weiss noted in his evaluation. Dr. 241 Weiss specifically noted that the presence of the complaintants may cause Dr. Kortyna to \u201cbecome paralyzed by anxiety,\u201d preventing him from verbally expressing himself. Dr. Weiss, however, explained that \u201c[w]riting is something he can still do.\u201d 48 49 50 241 51 52 48 See First Am. Compl., Doc. No. 11 at 22 (\u201cAs you know, the Committee has already decided, based on its understanding of the outlined hearing procedures, that the Complainants should not be in the hearing room except to present their testimony and answer questions.\u201d); First Am. Compl., Doc. No. 11, Ex. C. 49 First Am. Compl., Doc. No. 11, Ex. C. 50 The plaintiff argues that his claim should withstand a motion to dismiss because the question of whether offered accommodations are reasonable is one of fact. It is true that the question of reasonableness is a factual one. However, viewing the facts in the light most favorable to the plaintiff, no reasonable jury could find that the accommodations Lafayette proposed were not reasonable under the circumstances. See Williams, 380 F.3d at 772 (explaining how reasonableness is a question of fact but explaining that the 3/15/25, 11:26 Kortyna v. Lafayette Coll., 47 F. Supp. 3d 225 \| Casetext Search + Citator 25/36 failure to accommodate also requires a consideration of employer's good faith); Buskirk v. Apollo Metals, 307 F.3d 160, 170\u201371 (3d Cir.2002) (explaining how question of fact regarding reasonableness can be decided by the court if no reasonable jury could have found employer did not reasonably accommodate). In addition, the question of reasonableness is one that is determined when both parties engage in the interactive process to find accommodations. See Williams, 380 F.3d at 771\u201372. While Lafayette has done its part in trying to find a reasonable accommodation, the plaintiff has failed to respond to their proposed accommodations. Instead, he filed this lawsuit. His failure to engage in this interactive process would also preclude his claim. See Hill v. Walker, 737 F.3d 1209, 1218 (8th Cir.2013) ; Smith v. Midland Brake, Inc., a Div. of Echlin, Inc., 180 F.3d 1154, 1173 (10th Cir.1999) (explaining how a plaintiff's failure to engage in the interactive process can preclude his claim). 51 See id. (\u201cWriting is something he can still do, he said, but the problem would be if he had to speak before a group that included the two students and others who had not yet been named. Though he was aware that he had the right to have peer counsel present, he was quite fearful that he would fall apart and not be able to direct questions at the accusers or to defend himself without feeling out of control.\u201d). 52 See First Am. Compl., Doc. No. 11, Ex at 4 (\u201cWriting is something he can still do, he said, but the problem would be if he had to speak before a group that included the two students and others who had not yet been named. Though he was aware that he had the right to have peer counsel present, he was quite fearful that he would fall apart and not be able to direct questions at the accusers or to defend himself without feeling out of control.\u201d). The plaintiff alleges that his mental health diagnosis prevents him from effectively communicating during the disciplinary hearing. Under these conditions, he may need an \u201cinterpreter\u201d of sorts\u2014someone to help him 3/15/25, 11:26 Kortyna v. Lafayette Coll., 47 F. Supp. 3d 225 \| Casetext Search + Citator 26/36 communicate. Lafayette has already offered Dr. Kortyna this type of accommodation. Lafayette was willing to allow his faculty counsel, who typically would remain silent during the disciplinary hearing, to present Dr. Kortyna's written questions on his behalf if he was unable to do so himself. Dr. Kortyna, however, wants a specific \u201cinterpreter\u201d in the form of his attorney. This request is one which Lafayette can deny without being in violation of the or Section 504. See Goldblatt v. Geiger, 867 F.Supp.2d 201, 209\u201310 (D.N.H.2012) (denial of plaintiff's request for a specific non- attorney advocate in family court as an accommodation for her post- traumatic stress disorder was not a violation of ADA). 53 53 Dr. Weiss analogized Dr. Kortyna's request for his attorney to be present to an accommodation for \u201chandicap access\u201d or \u201csensory enhancement.\u201d See First Am. Compl., Doc. No. 11, Ex at 4. The plaintiff contends that the accommodations Lafayette offered would constrain his presentation to a \u201crobotic automaton role.\u201d Dr. Weiss claims that Dr. Kortyna will not be able to function \u201cat his best\u201d in the disciplinary hearing as a result of his disability. As the Supreme Court has explained, \u201creasonable accommodations\u201d permit \u201cthose with disabilities to obtain the same workplace opportunities that those without disabilities automatically enjoy.\u201d U.S. Airways, Inc. v. Barnett, 535 U.S. 391, 397, 122 S.Ct. 1516, 152 L.Ed.2d 589 (2002) (emphasis added). They do not ensure that disabled individuals 242 have the same results as those who are non-disabled. Other faculty accused of sexual harassment are not permitted to have their private attorneys represent them. Dr. Kortyna's disability does not require that he be afforded this privilege, which other faculty members do not enjoy. 54 242 55 54 See First Am. Compl., Doc. No. 11 at \u00b6 67. 55 See Title Technical Assistance Manual (TAM) at \u00a7 3.4, available at reasonable accommodation must be an effective accommodation. It must provide an opportunity for a person with a disability to achieve the same level of performance or to enjoy benefits or privileges equal to those of an average similarly-situated non- disabled person. However, the accommodation does not have to ensure 3/15/25, 11:26 Kortyna v. Lafayette Coll., 47 F. Supp. 3d 225 \| Casetext Search + Citator 27/36 equal results or provide exactly the same benefits or privileges.\u201d). Even viewing these facts in the light most favorable to him, Dr. Kortyna has failed to show a lack of good faith by Lafayette, which is necessary to make out a failure to accommodate claim. While Lafayette did not grant him the accommodation he requested, Lafayette has made a good-faith effort to accommodate for his disability. \u201cAll the interactive process requires is that employers make a good-faith effort to seek accommodations.\u201d Hohider v. United Parcel Service, Inc., 574 F.3d 169, 187 (3d Cir.2009) (quoting Taylor, 184 F.3d at 317 ). \u201cAn employer is not obligated to provide an employee the accommodation he requests or prefers, the employer need only provide some reasonable accommodation.\u201d Yovtcheva v. City of Philadelphia Water Dept., 518 Fed.Appx. 116, 122 (3d Cir.2013) (quoting Gile v. United Airlines, Inc., 95 F.3d 492, 499 (7th Cir.1996) ). \u201cThe mandates reasonable accommodation of people with disabilities in order to put them on an even playing field with the non-disabled; it does not authorize a preference for disabled people generally.\u201d Felix v. N.Y.C. Transit Auth., 324 F.3d 102, 107 (2d Cir.2003) (citing 243 U.S. Airways, Inc. v. Barnett, 535 U.S. 391, 397, 122 S.Ct. 1516, 152 L.Ed.2d 589 (2002) ). 56 57 58 59 60 243 61 56 Dr. Kortyna has also failed to plausibly allege that the advocacy of his private lawyer at the hearing would be the only effective accommodation. This is required to make out a prima facie case under this rubric. 57 An employer's good faith effort to identify and provide an accommodation provides a complete statutory defense to damages. 42 U.S.C. \u00a7 1981a(a)(3). 58 See also Beck v. Univ. of Wisconsin Bd. of Regents, 75 F.3d 1130, 1137 (7th Cir.1996) (\u201cLiability for failure to provide reasonable accommodations ensues only where the employer bears responsibility for the breakdown. But where, as here, the employer does not obstruct the process, but instead makes reasonable efforts both to communicate with the employee and provide accommodations based on the information it possessed liability simply does not follow.\u201d). 3/15/25, 11:26 Kortyna v. Lafayette Coll., 47 F. Supp. 3d 225 \| Casetext Search + Citator 28/36 59 The has explained that an employer only needs to provide an effective accommodation. \u201cIf more than one accommodation would be effective for the individual with a disability, or if the individual would prefer to provide his or her own accommodation, the individual's preference should be given first consideration. However, the employer is free to choose among effective accommodations, and may choose one that is less expensive or easier to provide Title Technical Assistance Manual (TAM) at \u00a7 3.8, available at 60 See also Hohider v. United Parcel Service, Inc., 574 F.3d 169, 187 (3d Cir.2009) ; Tucker v. Tennessee, 539 F.3d 526, 541 (6th Cir.2008 court] is not required to meet [a disabled person's] exact requests. What is required by the ... is an alternative which allows disabled persons to communicate as effectively as a non-disabled person.\u201d); Santacrose v Transp., Inc., 288 Fed.Appx. 655, 657 (11th Cir.2008) (\u201cWhile [plaintiff] was not given the precise accommodation he requested ..., a qualified individual with a disability is not entitled to the accommodation of his choice, but only to a reasonable accommodation.\u201d); Goldblatt v. Geiger, 867 F.Supp.2d 201, 209\u201310 (D.N.H.2012) (denial of plaintiff's request for a specific non-attorney advocate in family court as an accommodation for her post-traumatic stress disorder was not a violation of ADA). 61 See also Filar v. Bd. of Educ. of Chicago, 526 F.3d 1054, 1067\u201368 (7th Cir.2008) (substitute teacher was not entitled to be assigned to particular schools, instead of being assigned wherever she was needed, because this \u201cwould have amounted to preferential treatment, which the does not require.\u201d); Krikelis v. Vassar College, 581 F.Supp.2d 476, 486\u201387 (S.D.N.Y.2008) (finding that employer not required to grant diabetic employee's request for a \u201cfull break\u201d to eat at a specified time when she was permitted to eat a \u201cquick bite\u201d at that time and did not engage in the interactive process of determining a reasonable accommodation). For this reason, the plaintiff has failed to state a claim on which relief can be granted will dismiss his Section 504 claim as well. 62 63 62 The has explained that: 3/15/25, 11:26 Kortyna v. Lafayette Coll., 47 F. Supp. 3d 225 \| Casetext Search + Citator 29/36 An individual with a disability is not required to accept an accommodation, aid, service, opportunity or benefit which such qualified individual chooses not to accept. However, if such individual rejects a reasonable accommodation, aid, service, opportunity or benefit that is necessary to enable the individual to perform the essential functions of the position held or desired, and cannot, as a result of that rejection, perform the essential functions of the position, the individual will not be considered qualified. 29 C.F.R. \u00a7 1630.9(d). When an employee refuses to take advantage of a reasonable accommodation made available to him by the employer after this interactive process, the employee is not a \u201cqualified individual\u201d under the ADA. Yovtcheva, 518 Fed.Appx. at 121 (discussing 29 C.F.R. \u00a7 1630.9(d) ). For this reason too, Dr. Kortyna's claim would fail. 63 Even if the plaintiff had made out a claim under a prima facie case of discrimination under the for failure to accommodate, Lafayette could then show, as an affirmative defense, that the requested accommodation is unreasonable or imposes an \u201cundue hardship.\u201d 42 U.S.C. \u00a7 12112(b)(5)(A). \u201cThe test to determine the reasonableness of a modification is whether it alters the essential nature of the program or imposes an undue burden or hardship in light of the overall program.\u201d Easley by Easley v. Snider, 36 F.3d 297, 305 (3d Cir.1994) (citations omitted). The following factors should be considered: the nature and cost of the accommodation, the effect on expenses and resources, and the impact of the accommodation on the operation of the facility. 42 U.S.C. \u00a7 12111(10)(B). Though this test is factually based and would be one less likely to be determined at the motion to dismiss stage, Lafayette offers 3/15/25, 11:26 Kortyna v. Lafayette Coll., 47 F. Supp. 3d 225 \| Casetext Search + Citator 30/36 seemingly strong evidence that allowing the plaintiff to have an attorney as his advocate could set a bad precedent, which could spill over into future disciplinary proceedings and other types of proceedings at the college. Involving attorneys in the school's internal disciplinary procedures could further complicate the school's disciplinary procedures and encourage parties to \u201clawyer up.\u201d Having lawyers present at these proceedings could also intimidate students who are testifying against faculty. As the College argues, cross-examination of the students by a trained attorney poses a real risk of further victimization of students who may have been sexually harassed by a professor. Given that the school's internal administrative procedures allow for appeals and mistakes to be corrected, the presence of counsel at such proceedings does not appear to be necessary. c Claim against Provost Hill In addition to his claims against the College, the plaintiff also asserts an claim against the former Provost Wendy Hill for her role in prosecuting the allegations against him. In the complaint, Dr. Kortyna claims that student W's complaint \u201cdid not fit within the Faculty Handbook's definition of sexual harassment\u201d and argues his case in this regard. Provost Hill's decision to refer the complaint for a disciplinary hearing, despite its \u201cobvious insufficiency,\u201d is the basis for the plaintiff's claim. 244 The defendant argues that this claim is barred by the Pennsylvania Workers' Compensation (WCA). In Pennsylvania, the provides the exclusive remedy for employee work-related injuries. See 77 P.S. \u00a7 481(a) ; Matczak v. Frankford Candy & Chocolate Co., 136 F.3d 933, 940 (3d Cir.1997). The statute, however, provides that \u201c \u2018injury arising in the course of employment\u2019... shall not include an injury caused by the act of a third person intended to injure the employee because of reasons personal to him, and not directed against him as an employee or because of his employment.\u201d 77 Pa. Stat. Ann. \u00a7 411(1). This carve-out has come to be known as the \u201cthird-party attack\u201d or \u201cpersonal animus\u201d exception. This 64 65 244 66 67 3/15/25, 11:26 Kortyna v. Lafayette Coll., 47 F. Supp. 3d 225 \| Casetext Search + Citator 31/36 \u201cpersonal animus\u201d exception is typically available in only limited circumstances. DeWyer, 2001 115461 at 5. 64 See First Am. Compl., Doc. No. 11 at \u00b6 49. 65 See id. at \u00b6 53. 66 See also DeWyer, 2001 115461 at 5. 67 See id.; Schweitzer v. Rockwell Intern., 402 Pa.Super. 34, 586 A.2d 383, 391 (1990) (\u201cIf it is determined that an injury to an employee is \u2018caused by an act of a third person intended to injure the employee because of reasons personal to him and not directed against him as an employee or because of his employment,\u2019 77 P.S. \u00a7 411(1), liability for the injury is not covered by 77 P.S. \u00a7 481, the exclusive remedy provision of the Workmen's Compensation Act.\u201d); Krasevic v. Goodwill Indus. of Central Pennsylvania, Inc., 764 A.2d 561, 565 (Pa.Super.2000) ( \u201cThus, the key to the application of the third party attack exception is the determination, in the context of a given case, that an attack derives from \u2018purely personal reasons,\u2019 reasons \u2018purely personal to the assailant,\u2019 rather than from some work-related cause.\u201d). \u201c[T]he critical inquiry in determining the applicability of the third-party attack exception is whether the attack was motivated by personal reasons, as opposed to generalized contempt or hatred, and was sufficiently unrelated to the work situation so as not to arise out of the employment relationship.\u201d Fugarino v. University Servs., 123 F.Supp.2d 838, 844 (E.D.Pa.2000). The plaintiff alleges that \u201cthere had been tension and disagreement between Andrew Kortyna and Provost Wendy Hill over a number of Lafayette College administrative and academic issues, as to which the Provost strongly expressed opposition to Andrew Kortyna\u201d for a number of years \u201cas well as personal animus.\u201d The \u201ctension and disagreement\u201d described in the complaint would be considered work-related and, therefore, would not fall within the \u201cpersonal animus\u201d exception. While the plaintiff claims that the prosecution of the harassment charges against him was motivated by Hill's personal animus against him, he offers no allegations or facts to support this 68 3/15/25, 11:26 Kortyna v. Lafayette Coll., 47 F. Supp. 3d 225 \| Casetext Search + Citator 32/36 conclusory statement. The plaintiff also alleges that Provost Hill selectively prosecuted other issues of sexual misconduct by faculty and staff; however, this statement too is unsupported by specific facts. Without any factual allegations to support the personal animus exception, the claim should be dismissed as precluded under the WCA. See Twombly, 550 U.S. at 555, 127 S.Ct. 1955. 68 See First Am. Compl., Doc. No. 11 at \u00b6 21. Even if the did not preclude the claim, it would still fail. To make out a claim for IIED, a plaintiff must show that the defendant's behavior was \u201cso outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized society.\u201d Cox v. Keystone Carbon Co., 861 F.2d 390, 395 (3d Cir.1988) (quoting 245 Buczek v. First National Bank of Mifflintown, 366 Pa.Super. 551, 531 A.2d 1122, 1125 (1987) (quotation marks omitted)). \u201c[I]t is extremely rare to find conduct in the employment context that will rise to the level of outrageousness necessary to provide a basis for recovery for the tort of intentional infliction of emotional distress.\u201d Cox, 861 F.2d at 395. \u201cIt is the court's responsibility to determine if the conduct alleged in a cause of action reaches the requisite level of outrageousness.\u201d Andrews v. City of Philadelphia, 895 F.2d 1469 (3d Cir.1990) (citing Cox, 861 F.2d at 395 ). When a complaint does not allege the requisite \u201coutrageous conduct,\u201d it may be dismissed. 245 69 70 71 69 See also Clark v. Township of Falls, 890 F.2d 611, 623 (3d Cir.1989) (\u201cUnder Pennsylvania law, courts have found intentional infliction of emotional distress only where the conduct at issue has been \u2018atrocious' and \u2018utterly intolerable in a civilized community.\u2019 \u201d); Hoy v. Angelone, 456 Pa.Super. 596, 691 A.2d 476, 482 (1997) (\u201cWhile our courts recognize a cause of action for intentional infliction of emotional distress, we have allowed recovery in only very egregious cases.\u201d); Hampton v. Tokai Fin. Servs. Inc., No. CIV.A. 98\u20135074, 1999 83934, at 3 (E.D.Pa. Feb. 18, 1999) (explaining that conduct arising in the employment context \u201cwill rarely rise to the level of outrageousness necessary to support an [IIED] claim\u201d) (citing Cox, 861 F.2d at 390 ). 3/15/25, 11:26 Kortyna v. Lafayette Coll., 47 F. Supp. 3d 225 \| Casetext Search + Citator 33/36 70 See also Matczak, 136 F.3d at 940 (\u201cWe have noted that \u2018it is extremely rare to find conduct in the employment context that will rise to the level of outrageousness necessary to provide a basis for recovery for the tort of intentional infliction of emotional distress.\u2019 \u201d) (quoting Cox, 861 F.2d at 395 ). Viable claims in the employment context have only been found when the claims involved both sexual harassment and other retaliatory behavior against an employee. Cox, 861 F.2d at 395 (citing Bowersox v. P.H. Glatfelter Co., 677 F.Supp. 307, 311 (M.D.Pa.1988) ). 71 See, e.g., N'Jai v. Pittsburgh Bd. of Public Educ., 487 Fed.Appx. 735, 738 (3d Cir.2012) (citing Cox, 861 F.2d at 395 ); Buczek, 531 A.2d at 1125 ; Fugarino, 123 F.Supp.2d at 844\u201345 (dismissing claim because of failure to plead behavior was \u201cso outrageous\u201d); DeWyer, 2001 115461 at 6. The plaintiff has offered no facts to support the claim that Provost Hill's behavior was \u201cso outrageous\u201d to warrant relief. Provost Hill was required to take student complaints regarding sexual harassment complaints against faculty, as outlined in Lafayette's procedures. She was also responsible for conducting an investigation of the complaints, according to the procedures. The alleged actions that Provost Hill took as part of his investigation were in line with what was required by the sexual harassment procedure. Even viewing the facts in the light most favorable to the plaintiff, there is nothing in the complaint's allegations that even close to being \u201coutrageous,\u201d \u201catrocious,\u201d or \u201cextreme\u201d in her behavior. 72 73 72 See First Am. Compl., Doc. No. 11, Ex at 130 (Lafayette College Policies on Sexual Assault and Sexual Harassment) (\u201cAllegations against members of the Faculty should be made to the Provost. In addition, allegations arising out of the teaching role of any instructor of a course should similarly be made to the Provost.\u201d). 3/15/25, 11:26 Kortyna v. Lafayette Coll., 47 F. Supp. 3d 225 \| Casetext Search + Citator 34/36 73 Id. at 130, 132. -------- For these reasons will dismiss the plaintiff's claim For the foregoing reasons will grant the defendants' motion to dismiss in its entirety NOW, this 19th day of September, 2014, upon consideration of defendants' motion to dismiss for failure to state a claim (Doc. No. 8) and all responses thereto, it is hereby that the motion is and the complaint is 246 246 DISMISSED, in accordance with the accompanying memorandum. About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support 3/15/25, 11:26 Kortyna v. Lafayette Coll., 47 F. Supp. 3d 225 \| Casetext Search + Citator 35/36 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. 3/15/25, 11:26 Kortyna v. Lafayette Coll., 47 F. Supp. 3d 225 \| Casetext Search + Citator 36/36", "7406_102.pdf": "3RD v (2018) United States Court of Appeals, Third Circuit. Andrew KORTYNA, Appellant v No. 17-1961 Decided: March 30, 2018 Before: HARDIMAN, BIBAS, and ROTH, Circuit Judges. Sidney L. Gold, Esq., William Rieser, Esq., Sidney L. Gold & Associates, Philadelphia, PA, for Plaintiff-Appellant Brittany E. Medio, Esq., Joshua W. B. Richards, Esq., John F. Stoviak, Esq., Saul Ewing Arnstein & Lehr, Philadelphia, PA, for Defendant-Appellee * Andrew Kortyna was fired from his job as a tenured physics professor at Lafayette College because he retaliated against two female students who accused him of sexually harassing them. He sued the College, alleging sex and disability discrimination, retaliation, violation of the Family and Medical Leave Act (FMLA), and breach of contract. We will affirm the District Court's dismissal because one cannot plausibly infer from the facts alleged that he was fired for any unlawful reason. Instead, as the record supports, the College fired Kortyna because it found that he had retaliated against students who complained that he had sexually harassed them. I. In the fall of 2013, two female students and HW, filed complaints of sexual harassment against Kortyna. HW's complaint described him as \u201ca man who \u2018cried,\u2019 exhibited emotion, was \u2018lonely,\u2019 \u2018strange,\u2019 \u2018awkward,\u2019 and \u2018disconnected.\u2019 \u201d Am. Compl. \u00b6 27 (quoting HW's complaint wondered what she had \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 3/15/25, 11:27 v (2018) \| FindLaw 1/11 \u201c \u2018done that could make a grown man cry on so many occasions.\u2019 \u201d Id. \u00b6 28. (quoting HW's complaint series of emails that Kortyna sent to over the spring and summer of 2013 give color to her description, such as: \u2022 \u201cIt must be obvious to you that like you. One would have to be blind not to notice this could easily see that you might think I'm trying to draw you into an inappropriate relationship.\u201d App. 445. \u2022 \u201c[Y]our way of acting of late is a really [sic ] crappy way of treating another person have obviously created an intimidating situation where you are not able to be open with me have no idea if our relationship is strong enough to withstand my words.\u201d Id. \u2022 \u201cUnless we wanted to completely turn our backs on each other, we needed to renegotiate our relationship such that prickly parts of one person didn't stick into the sensitive parts of the other person. And think that we both have prickly and sensitive parts.\u201d Id. In October 2013, Provost Wendy Hill told Kortyna of the complaints, but warned him not to discuss the case with AB. Nevertheless, the next day, he sought out and apologized, telling her that he was \u201c \u2018probably going to get fired.\u2019 \u201d App. 475-76. Kortyna cried during his apology. Five days later, Hill reiterated: \u201c \u2018Let me be clear: should you see the two students[,] you should have no verbal interaction with them or interact with them in any way.\u2019 \u201d App. 481. As a result of the complaints, Kortyna began experiencing anxiety attacks and severe depression. So, in April 2014, he took medical leave as permitted by the FMLA. Kortyna alleged (and the College did not dispute) that those conditions were disabilities within the meaning of federal and state law. When those disabilities first arose, he complained to the College that the Committee investigating the complaints was failing to accommodate his disability by not letting a lawyer represent him during the Committee's hearings. He eventually filed suit under the Americans with Disabilities Act and the Rehabilitation Act, which the District Court dismissed. The Committee suspended its work while the College's motion to dismiss Kortyna's first lawsuit was pending. In May 2014, while Kortyna was on medical leave, he moderated a campus lecture. Both and also attended. After the lecture ended, Kortyna was asked to leave campus. In response, he stood at the front of the room and announced that he was being forced off campus. Once Kortyna returned from his medical leave for the fall semester, the Committee resumed its hearings. After meeting dozens of times and reviewing documentary evidence, it issued detailed reports on both complaints. The Committee found that Kortyna had violated the College's policies by sexually harassing and retaliating against and AB. It focused on two incidents of retaliation against AB: first, Kortyna's apology, which the Committee viewed as a manipulative ploy to induce guilt; and second, Kortyna's conduct at the May lecture. As the Committee explained, participating in the lecture \u201cplaced 3/15/25, 11:27 v (2018) \| FindLaw 2/11 [Kortyna] in a position of potentially violating two separate no-contact orders.\u201d App. 480 \u201creasonably perceived Professor Kortyna's outburst [when asked to leave campus] as retaliatory.\u201d App. 482. The Committee also found that Kortyna's attorney had made an \u201cintimidating statement\u201d when he warned in an email not to repeat her accusations because she was \u201c \u2018at risk of being held responsible for doing so.\u2019 \u201d App. 483. Moreover, though grades are confidential, Kortyna had disparaged AB's grades to one of his colleagues. Finally, a student reported that Kortyna had said that and \u201c \u2018would regret filing this complaint\u2019 \u201d because Kortyna \u201c \u2018would come after [them] personally with a lawsuit.\u2019 \u201d App. 490. Ultimately, the Committee recommended suspending Kortyna for two years for sexually harassing and retaliating against HW. Although it did not find that Kortyna had sexually harassed AB, it recommended firing him for retaliating against her because his pattern of retaliation was \u201cgrav[e] and persisten[t].\u201d App. 491. Kortyna appealed to the College's Hearing Review Committee, the College President, and the Board of Trustees. All agreed that Kortyna should be fired. At least six times in late 2014 and early 2015, Kortyna complained that he was being discriminated against because of his sex, disability, and use of medical leave. He filed the last of these complaints on March 6 and was fired on March 30, 2015. Kortyna filed suit in the District Court, alleging violations of Titles and of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Rehabilitation Act, the Pennsylvania Human Relations Act, the FMLA, and breach of contract. The District Court dismissed each of these counts for failure to state a claim, except for interference, which was dismissed by stipulation. Kortyna appeals the dismissal of all of his claims except interference. II. We review the District Court's dismissal for failure to state a claim de novo, viewing all allegations in the light most favorable to the plaintiff. Evancho v. Fisher, 423 F.3d 347, 350 (3d Cir. 2005). \u201cTo survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to \u2018state a claim to relief that is plausible on its face.\u2019 \u201d Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) ). \u201cAlthough the plausibility standard \u2018does not impose a probability requirement,\u2019 it does require a pleading to show \u2018more than a sheer possibility that a defendant has acted unlawfully.\u2019 \u201d Connelly v. Lane Constr. Corp., 809 F.3d 780, 786 (3d Cir. 2016) (quoting Twombly and Iqbal) (internal citation omitted). We may \u201cconsider an undisputedly authentic document that a defendant attaches as an exhibit to a motion to dismiss,\u201d such as the Committee's reports here, if that document is \u201cintegral to or explicitly relied upon in the complaint.\u201d Pension Benefit Guar. Corp. v. White Consol. Indus., Inc., 998 F.2d 1192, 1196 (3d Cir. 1993); In re Burlington Coat Factory Sec. Litig., 114 F.3d 1410, 1426 (3d Cir. 1997) 3/15/25, 11:27 v (2018) \| FindLaw 3/11 (emphasis in original). Here, Kortyna does not dispute the authenticity of the Committee's reports or the emails, statements, and historical facts described therein. III. Kortyna alleges no facts that plausibly suggest that he was fired even in part because he seemed stereotypically unmasculine, was disabled, or had complained of discrimination. Nor do we perceive any plausible link between his termination and either his use of medical leave or any breach of contract. A. Sex Discrimination. The Committee recommended that Kortyna be fired for retaliating against AB. Part of that retaliation was an apology in which, as Acting Provost Cohn noted, Kortyna cried. The Committee understood that his \u201capology\u201d was really a retaliatory attempt to make feel guilty. Viewed in this context, the only reasonable inference from Cohn's statement is that he thought that Kortyna's tears were unprofessional and intimidating to a student, not that Kortyna had fallen short of a masculine stereotype. Kortyna does not allege that Cohn has a history of discriminating against unmasculine men or even that Cohn himself seems and acts masculine. Nor does Kortyna allege any facts suggesting that Provost Hill's investigation was motivated even in part by discriminatory animus. Kortyna claims that Hill relied on \u201cthe students' gender-stereotyped perception of\u201d him. Appellant's Br. 25. But being \u201clonely,\u201d \u201cstrange,\u201d or \u201cawkward,\u201d as described him, is not stereotypically unmanly. Moreover, HW's statements that Kortyna was emotional and often cried do not suggest that Hill thought Kortyna was unmanly. We see no hint of male stereotyping, but simply HW's reasonable appraisal of Kortyna's statements as sexual and emotional, such as: \u201c[W]e needed to renegotiate our relationship such that prickly parts of one person didn't stick into the sensitive parts of the other person.\u201d App. 445 (emphasis added). Because we will affirm the District Court's dismissal of Kortyna's sex-discrimination claims for lack of plausibility, even on a cat's-paw theory, we do not decide whether Title creates a private right of action. B. Disability Discrimination. Kortyna's amended complaint alleges no facts suggesting that he was fired because of his disability. The District Court reached the same conclusion in dismissing his claim under the Pennsylvania Human Relations Act, which is coextensive with the Americans with Disabilities Act. Kelly v. Drexel Univ., 94 F.3d 102, 105 (3d Cir. 1996). Kortyna argues that he alleged \u201ceach element of his prima facie case,\u201d including causation, because \u201che was replaced by someone outside his protected class.\u201d Appellant's Br. 19-20. That argument confuses McDonnell-Douglas's burden-shifting analysis (the proof required at summary judgment) with the elements of a disability-discrimination claim (the plausible allegations required at the pleading stage). McDonnell Douglas's \u201cevidentiary standard is not a proper measure of whether a complaint fails to state a claim.\u201d Fowler v Shadyside, 578 F.3d 203, 213 (3d Cir. 2009). Kortyna pleads nothing that plausibly suggests he was fired even in part because of his disability. 3/15/25, 11:27 v (2018) \| FindLaw 4/11 C. Retaliation. Likewise, Kortyna failed to allege a causal link between his complaints of sex or disability discrimination and his firing. The timing of his firing, more than three weeks after his last complaint, does not by itself support an inference of retaliation. Thomas v. Town of Hammonton, 351 F.3d 108, 114 (3d Cir. 2003) (holding three weeks insufficient). And he alleges no facts showing a \u201cpattern of antagonism\u201d between the complaints and the firing. Jensen v. Potter, 435 F.3d 444, 450 (3d Cir. 2006) (internal quotation marks omitted), overruled in part on other grounds by Burlington N. & Santa Fe Ry. Co. v. White, 548 U.S. 53, 126 S.Ct. 2405, 165 L.Ed.2d 345 (2006). Though the Committee was aware of Kortyna's \u201cnumerous and at times unrelenting challenges to the process and procedures,\u201d Kortyna alleges nothing further that suggests antagonism. App. 468. Kortyna's retaliation claim fares no better. The Committee observed that he was \u201ctaking advantage of his medical leave to try to initiate a whole new, other disciplinary process.\u201d App. 485. As the District Court noted, \u201c[t]he fact that Dr. Kortyna was on [leave] at the time he filed these charges is noteworthy because Dr. Kortyna asked that the prosecution of the charges against the students be expedited, despite the fact that the original charges against him could not be.\u201d App. 51. The Committee understood that he was retaliating against his accusers at the same time that his leave halted the proceedings against him. D. Breach of Contract. Finally, Kortyna's amended complaint alleges no facts showing that the alleged breaches of contract caused him any harm. As the District Court held, most of the allegations of breaches of the Faculty Handbook are \u201cbald assertions.\u201d App. 52 (internal quotation marks omitted). \u201cKortyna was terminated because of his retaliatory actions against AB,\u201d and the allegations that were more than conclusory asserted modest procedural irregularities that would not plausibly have affected the outcome. App. 53-54. * * * * * As the District Court correctly held, Kortyna did not plausibly allege discrimination, retaliation, or breach of contract. The record supports the College's decision to fire Kortyna because he had retaliated against his students after they complained that he had sexually harassed them. Any college would have done the same to protect its students. We will thus affirm the District Court's dismissal of Kortyna's claims. BIBAS, Circuit Judge. Was this helpful? Yes No 3/15/25, 11:27 v (2018) \| FindLaw 5/11 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 (2018) Docket No: No. 17-1961 Decided: March 30, 2018 Court: United States Court of Appeals, Third Circuit. 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Terms > \| Privacy > \| Disclaimer > \| Cookies > 3/15/25, 11:27 v (2018) \| FindLaw 11/11", "7406_103.pdf": "N.J. university suspends professor after finding prior sexual harassment claims, reports say Updated: Oct. 11, 2019, 7:19 p.m. \| Published: Oct. 11, 2019, 5:47 p.m. By Chris Sheldon Advance Media for NJ.com Stockton University professor is under review after school officials discovered he had a history of retaliation and sexual harassment against women at his former employer, a Pennsylvania university, according to two media reports. Andrew Kortyna, 58, was pulled from his classroom earlier this month but will remain employed by the university during the review, according to the Press Of Atlantic City. He\u2019s listed on Stockton\u2019s website as visiting professor of physics. Kortyna was employed as a tenured physics professor at Easton-based Lafayette College but was fired in 2015 after school officials concluded that he retaliated against two female students who accused him of sexually harassing them reported. Stockton administrators did not find out about his firing until after they hired him to teach this school year, after information about his past did not come up during their search, Stockton spokeswoman Diane D\u2019Amico told the Press of Atlantic City. D\u2019Amico said in the story that the university\u2019s hiring process includes a committee review of a candidate\u2019s application, resume, personal references and recommendations, as well as personal interviews and a required criminal background check. When they discovered the information it was submitted for administrative review per the terms of the professors\u2019 union contract, according to the report. Subscribe Kortyna sent emails to a Lafayette student, identified only as in court papers posted by WHYY, over the spring and summer of 2013, saying, \u201cIt must be obvious to you that like you. One would have to be blind not to notice this could easily see that you might think I\u2019m trying to draw you into an inappropriate relationship and another student, identified as AB, filed complaints complaints of sexual harassment against Kortyna in 2013 and after going on medical leave during a review of the complaints, another student reported that Kortyna told and that they \u201cwould regret filing this complaint,\u201d because he \u201cwould come after (them) personally with a lawsuit,\" the Press Of Atlantic City article reported. Kortyna was fired March 30, 2015, and then sued the school alleging sex and disability discrimination, but the case was eventually dismissed, according to the report Powerball winning numbers, live results for Wednesday\u2019s $353M drawing Mar. 13, 2025, 3:45 a.m finds turtle in traveler\u2019s pants at Newark airport Mar. 12, 2025, 1:02 a.m. He was hired at Stockton effective Sept. 1 through June 30, 2020, at a pay rate of $64,231, board meeting minutes referenced by the Press showed. Chris Sheldon may be reached at [email protected]. Follow him on Twitter @chrisrsheldon Find NJ.com on Facebook. Have a tip? Tell us. nj.com/tips. Get the latest updates right in your inbox. Subscribe to NJ.com\u2019s newsletters. If you purchase a product or register for an account through a link on our site, we may receive compensation. 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8,264	Jose Montoya	Stanford University	[ "8264_101.pdf", "8264_102.pdf", "8264_103.pdf", "8264_104.pdf", "8264_105.pdf", "8264_106.pdf", "8264_107.pdf" ]	{}
8,790	William Jones	Georgetown College	[ "8790_101.pdf", "8790_102.pdf", "8790_103.pdf", "8790_104.pdf", "8790_105.pdf", "8790_106.pdf", "8790_107.pdf", "8790_108.pdf", "8790_109.pdf", "8790_101.pdf", "8790_102.pdf", "8790_103.pdf", "8790_105.pdf", "8790_106.pdf", "8790_107.pdf", "8790_101.pdf", "8790_102.pdf", "8790_103.pdf", "8790_105.pdf", "8790_106.pdf", "8790_107.pdf" ]	{"8790_101.pdf": "\ueddb \uf0e771 weather alerts \uf002 \uf26c Watch Now Quick links 18 Woman claims former Georgetown College president sexually harassed her for years in lawsuit second woman has come forward to accuse former Georgetown College president William Jones of sexual harassment. Menu 3/15/25, 1:14 Fmr. Georgetown College president faces harassment claim 1/6 \ueddb By: Jordan Mickle Posted 11:29 AM, Feb 18, 2022 and last updated 5:16 PM, Feb 18, 2022 GEORGETOWN, Ky 18 second woman has come forward to accuse former Georgetown College president William Jones of sexual harassment. The woman is also suing the College for retaliation after making the formal complaint. According to a civil lawsuit, the woman claims she was \"subjected to unwelcome sexual harassment in the form of unwelcome sexual advances and other sexually offensive conduct by Jones,\" which led to a hostile work environment 18 will not identify the woman given the nature of the case. The woman claims in the lawsuit that the College knew \"or reasonably should have known\" that Jones was abusing his power as president. The new lawsuit comes months after Jones was fired as president of Georgetown College following allegations of sexual assault with another female College employee, which we will name in this article as Jane Doe. That employee claims she was sexually assaulted by Jones during an out-of-state work trip in Indianapolis. \"After an extensive review of the investigation, it was determined that the evidence did not support criminal charges,\" an official with the Marion County, Indiana Prosecutor's Office tells 18. The College fired Jones shortly after the allegations were made. In the civil lawsuit, the second woman claims she was the one who told Georgetown College officials that Jones sexually assaulted her colleague, Jane Doe, while on the work trip. The second woman says she met Jones in 2016 while working at a child development program that served employees of Bethany College in Kansas. 3/15/25, 1:14 Fmr. Georgetown College president faces harassment claim 2/6 \ueddb Jones served as Bethany College's president at the time. In or around 2018, the woman says Jones used his influence to give the woman a significant raise and get her husband a job at Bethany College. Following those gestures, the woman says she was subjected to \"unwelcome sexual harassment in the form of sexual advances and requests for sexual favors\" and ended up submitting to the advances after feeling compelled to do so. The lawsuit says Jones continued to schedule overnight trips with her so they could be together. In 2019, after succumbing to his \"unwelcome sexual demands,\" the woman says Jones helped advance her career by giving her a leadership role at Bethany College despite no prior experience in that particular field. Later that year, Jones was hired as President of Georgetown College. Shortly after he started at the College, the lawsuit claims Jones used his authority to create a position for her to further her career and continue his \"unwelcome sexual demands.\" The woman says she \"reluctantly\" accepted the offer for the increased pay/benefits and because Jones made it appear that her career was dependent on him. The lawsuit says Jones continued to schedule overnight trips with her where he continued to make \"unwelcome sexual demands.\" At times, the woman says she tried to persuade Jones to take his wife on these trips, but Jones insisted that she accompany him. Around July 2020, the woman says she separated and later divorced her husband. Months later, Jones arranged for the woman to receive another raise now that she was a single mother. In or around May 2021, the lawsuit claims Jones became \"obsessed\" with the woman and talked about possibly leaving his wife for her. She discouraged him from doing so because she didn't want any relationship with him and said she would no longer \"give in to his sexual demands.\" After the rejection, the woman said his obsession and harassment of her \"intensified.\" The woman says Jones frequently touched her in a \"sexually 3/15/25, 1:14 Fmr. Georgetown College president faces harassment claim 3/6 \ueddb intimate manner\" in public and private places. She also claims he made a key to her home without her knowledge. The lawsuit states the woman started dating someone around June 2021. As a result, the woman says he became \"uncontrollably jealous,\" including confronting her \"in an aggressive manner\" while she was on a date. She claims he tried to sabotage her relationship by offering to promote her to a position that \"would require her to be available to him '24/7' and leave no time for personal relationships.\" In the middle of October 2021, the lawsuit claims Jones attempted to force the woman to attend an out-of-state work trip, but she was excused because her minor son had an event she had to attend. Jane Doe was sent in her place, and she later alleged Jones sexually assaulted her while on the trip. Later that week, the lawsuit claims Jones became \"increasingly jealous and enraged\" after learning the woman planned to bring a date to several events and refused to attend at least one as a result. The woman claims Jones later confronted her in public and threatened her employment. The lawsuit states Jane Doe saw the confrontation and asked to meet with the woman privately. They met for coffee in late October. That's when Doe shared her story that she was sexually assaulted by Jones during the out-of-state work trip. Doe did not tell the woman whether she planned to make a formal harassment complaint. The woman said she offered ways to cope with what had happened and provided support. Days later, the lawsuit says Jones met with the woman and \"professed his love for her\" while also stating she would not have a job without him. On Monday, November 1, she filed a formal complaint of sexual harassment against Jones, reporting what Jane Doe had told her while also reporting the ongoing sexual harassment she had been subjected to. The same day, Jone was removed as 3/15/25, 1:14 Fmr. Georgetown College president faces harassment claim 4/6 \ueddb President of Georgetown College. Three days later, she was interviewed by an attorney allegedly hired by Georgetown to investigate claims of harassment against Jones. The lawsuit claims that shortly after making her formal complaint and cooperating with the College's investigation into the claims, the woman was placed on paid leave. She remained on paid leave until she was fired by Georgetown College on December 16 and is currently receiving therapy, the lawsuit states. The woman claims in the lawsuit she suffered \"irreparable harm and injury\" and says she should be compensated for the loss of income and benefits as well as severe emotional distress and mental anxiety. She is also seeking a jury trial in Scott County. We reached out to Georgetown College for comment, and they provided the following statement: \"Although a case has been filed in Scott County Circuit Court against the College and William Jones, the College does not comment on matters that are under litigation. Georgetown College continues to uphold the highest of principles. Actions by individuals do not reflect the institution as a whole.\" Copyright 2022 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. Report a typo 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 3/15/25, 1:14 Fmr. Georgetown College president faces harassment claim 5/6 \ueddb 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 \uf09a \uf16d \ue61b 3/15/25, 1:14 Fmr. Georgetown College president faces harassment claim 6/6", "8790_102.pdf": "Wind Advisory (Moderate) - Kentucky: Robertson ( \uf071 UPDATE: Second woman accuses former Georgetown College president of sexual harassment civil lawsuit has been filed against William Jones and the college February 18, 2022 by Al Greenfield ( Update from February 18, 2022: GEORGETOWN, Ky civil lawsuit has been filed in Scott County against former Georgetown College president William Jones and the school al- leging sexual harassment and retaliation, according to the Georgetown News-Graphic. This is the second woman to accuse Jones of sexual harassment while he was president. In the lawsuit, the woman claims to be the person who told the school of an alleged incident in Indianapolis in which a college employee claimed she was sexually assaulted by Jones, according to the newspaper report. Jones was fired by Georgetown College last November after formal sexual harassment and sexual assault allegations were made. Georgetown College President Rosemary Allen told the newspaper, \u201cThe college cannot comment on matters in litigation. Actions of individuals do not re- flect upon institutions.\u201d According to the newspaper report, in the lawsuit filed this week against Jones and the school, a woman says she had an ongoing but unwanted sexual relationship with Jones that began in 2016 when she met him at Bethany College in Kansas where he was president. Jones created a position for the woman at the college and also got her husband a job at the school, according to the report. After the couple accepted the positions at Bethany College, Jones subjected the woman to unwelcome sexual harassment in the form of sexual advances and requests for sexual favors, to which she felt compelled to and did submit to, according to the lawsuit cited by the newspaper. When Jones took over at Georgetown College, he created a position for the woman and she \u201creluctantly\u201d accepted with the understanding she would be expected to give in to Jones\u2019 unwelcome sexual demands, according to the report. Jones impressed upon the woman her career was dependent upon him, according to the suit cited by the newspaper. The report says Jones scheduled overnight trips and continued to make unwelcome sexual demands of the woman. The woman eventually got divorced. In May 20221, Jones became obsessed with the woman and started suggesting he would leave his wife for her, according to the report. In the lawsuit, the woman claims she didn\u2019t want a relationship with Jones and encouraged him to remain with his wife and that she would no longer give in to his sexual demands, according to the report. After being rejected, Jones\u2019 obsession with the woman only increased and he frequently touched her in a sexually intimate manner and eventually, with- out her knowledge, made a key to her home, according to the report. In June 2021, the woman began dating someone, which increased Jones\u2019 obsession and led to uncontrollable jealousy, according to the report. On one occasion, an intoxicated Jones \u201caggressively\u201d confronted the woman on a date and continued to try to sabotage her relationship, according to the report. Around October 2021, Jones offered to promote the woman to a position within Georgetown College that would require her to be available to him 24 hours a day, seven days a week and leave no time for personal relationships, according to the report. In the suit the woman claims on Oct. 18, 2021, Jones tried to force her to attend an event in Indianapolis, but she was excused because of a family com- mitment involving her son. The report says a female colleague (identified as Jane Doe) went on the trip instead. That woman later alleged Jones sexu- ally assaulted her on the trip. On Nov. 1, 2021, the woman filed a formal complaint with the school about the alleged sexual harassment against her and reported what Jane Doe had told her about the alleged sexual assault in Indianapolis, according to the report. Later that same day, Jones was removed as president. The woman claims in her lawsuit that she\u2019s in therapy and suffers from severe emotional distress and mental anxiety as a result of Jones \u201caggressively harassing and stalking\u201d her after she \u201cexpressly informed him that she would not continue the sexual relationship,\u201d according to the lawsuit cited by the newspaper. The woman was fired by Georgetown College on Dec. 16, 2021, according to the report. In the lawsuit, Georgetown College is accused of knowing or reasonably should have known that Jones was abusing his authority and/or subjecting the woman to unlawful sexual harassment and failed to take prompt and appropriate corrective action. The suit includes claims of retaliation by the school up to and including the woman\u2019s firing, according to the report. The suit requests a jury trial in Scott County as the woman seeks compensatory and punitive damages, according to the report. Original story below from November 2, 2021: GEORGETOWN, Ky. (WTVQ/Press Release) \u2013 The Board of Trustees of Georgetown College terminated the employment of William A. Jones as president of the College effective Monday, Nov. 1. Dr. Rosemary Allen, the College\u2019s Provost, was named Acting President by the College\u2019s Board of Trustees. On Sunday afternoon, Oct. 31, the college was informed of allegations of a sexual assault of a female college employee, inappropriate behavior with an- other female college employee and other conduct in violation of Jones\u2019s employment agreement with the college. Georgetown College took immediate steps to investigate the allegations. The college has engaged outside counsel to continue the investigation. Chairman of the Georgetown College Board of Trustees, Robert L. Mills, called a meeting of the Executive Committee of the Board for Monday morning, Nov. 1. The committee took immediate action to dismiss Jones. The full Board of Trustees affirmed the action of the Executive Committee at a meeting later on Monday. \uf053\uf054 \uf002 Chairman Mills provided the following statement: \u201cGeorgetown College does not tolerate violence or misuse of authority. We hold our administrators, stu- dents and faculty to the highest standards of moral and ethical conduct. We are surprised and deeply disappointed by what we have learned. We will sup- port the members of our Georgetown College family who are directly impacted, and we will work cooperatively with ongoing or any future investigations. We are confident in the leadership of Acting President Allen and the Board appreciates her dedication to the continuing mission of Georgetown College during this difficult time.\u201d Because the allegations remain under investigation, the College will have no further comment at this time, according to Mills. Featured ( Local News ( News ( Tags: board of trustees ( Civil Lawsuit ( Georgetown College ( Investigation ( President ( Sexual Assault ( terminated ( William A. Jones ( Talk To Us Talk to 36 News anchors, reporters and meteorologists. When you see news happening, share it! We\u2019d love to hear from you. 859-299-3636 (tel:8592993636)\|[email protected] (mailto:[email protected]) 6940 Man O' War Blvd. Lexington 40509 ( 54eaa08ad:0x4f6fc69427152de0!8m2!3d38.0341192!4d-84.39416) Watch Us We live, work and play right here in Central Kentucky. We are your neighbors. We celebrate community and we tell your sto- ries. We are the most trusted source for local news. Get Alerts Download the 36 News App on your smart phone or tablet device to receive breaking news and weather push notifications the minute it happens. Mobile App (/mobile App (/mobile Email Sign Up (/newsletter Contact Us ( Advertising ( Our News Team ( Mobile Apps ( Jobs ( Feeds ( Local News ( State News ( National News ( World News ( Local Events ( Kentucky History Treasures ( Mom to Mom ( Hometown Tours ( Under the Hood ( Healthcare in Kentucky ( Weather Forecast ( Weather Maps ( Weather Camera Network ( SnoWatch ( Local Weather Headlines ( Sports ( 36 Blitz ( Solid Blue ( High School Highlight Reel ( ( bows-out-of-sec-tournament-in- blowout-loss-to-3-alabama/) 6 Kentucky bows out of Tournament in blowout loss to 3 Alabama ( kentucky-bows-out-of-sec- tournament-in-blowout-loss- to-3-alabama/) ( super-league-game-rescheduled-due- to-inclement-weather/) Lexington Super League game rescheduled due to inclement weather ( sc-super-league-game- rescheduled-due-to-inclement- weather/) ( kentucky-girls-basketball-teams-to-play- in-sweet-16-semifinals/) Trio of Central Kentucky girl's basketball teams to play in Sweet 16 semifinals ( of-central-kentucky-girls- basketball-teams-to-play-in- sweet-16-semifinals/) ( federal-investigation-concerning-dei- program under federal investigation concerning program ( under-federal-investigation- concerning-dei-program/) \u00a9 2025, WTVQ-DT.", "8790_103.pdf": "(HTTPS://MINISTRYWATCH.COM/CATEGORY/COLLEGES-UNIVERSITIES/) Christian College President Fired after Sexual Assault Report Associated Press ( \u2022 November 3, 2021 The president of Kentucky\u2019s Georgetown College has been fired after reports emerged accusing him of sexual assault and sexual misconduct against employees, the small Christian liberal arts school announced Tuesday. William Jones was fired by the board of trustees after the college learned of \u201callegations of a sexual assault of a female College employee, inappropriate behavior with another female College employee, and other conduct in violation of Jones\u2019s employment agreement with the College,\u201d according to a news release. The Associated Press was not able to reach Jones for comment on Tuesday evening. The college received the allegations on Oct. 31 and Board of Trustees chairman Robert Mills called a meeting of the board\u2019s executive committee the next day. The full board voted to fire him on Monday. The college has hired outside counsel to continue the investigation, the release said. \u201cGeorgetown College does not tolerate violence or misuse of authority. We hold our administrators, students and faculty to the highest standards of moral and ethical conduct,\u201d Mills said in a statement, according to the Lexington Herald-Leader ( \u201cWe are surprised and deeply disappointed by what we have learned. We will support the members of our Georgetown College family who are directly impacted, and we will work cooperatively with ongoing or any future investigations.\u201d \uf002 ( 3/15/25, 1:14 Christian College President Fired after Sexual Assault Report \u2013 MinistryWatch 1/5 Officials did not release further details about the allegations. Rosemary Allen, the school provost, was named acting president of the college by the board of trustees. The school, which is not connected to Georgetown University in Washington, is located about 10 miles (16 kilometers) north of Lexington. According to the college\u2019s website, Jones was named president in 2019 and previously worked as the president of Bethany College in Lindsborg, Kansas. Access to MinistryWatch content is free. However, we hope you will support our work with your prayers and financial gifts. To make a donation, click here ( Related posts: Church Audio/Visual Contractor Charged with Criminal Solicitation of Intern ( contractor-charged-with-criminal-solicitation-of- Former Pastor Sentenced to 20 Years on Charges of Possessing Child Sexual Abuse Material ( sentenced-to-20-years-on-charges-of-possessing- \uf002 ( 3/15/25, 1:14 Christian College President Fired after Sexual Assault Report \u2013 MinistryWatch 2/5 intern/) child-sexual-abuse-material/) Cleveland Youth Pastor and Wife Face Additional Charges of Child Sex Abuse ( and-wife-face-additional-charges-of-child-sex- abuse/) Former Pennsylvania Youth Pastor Charged with Multiple Sex Crimes Against Minors ( youth-pastor-charged-with-multiple-sex-crimes- against-minors/) \uf002 ( 3/15/25, 1:14 Christian College President Fired after Sexual Assault Report \u2013 MinistryWatch 3/5 Tennessee Pastor Resigns After Abuse Allegations are Pushed to the Forefront ( resigns-after-abuse-allegations-are-pushed-to-the- forefront/) Tags: Bethany College ( Georgetown College ( Robert Mills ( Rosemary Allen ( Sexual Assault ( Sexual Misconduct ( For Some Churches, Paying Back Loans is Better than Forgiveness ( churches-paying-back-ppp-loans-is-better-than-forgiveness Ep. 143 Conversation with Mark Galli ( Wall Watchers Box 157 Matthews 28106 Email: [email protected] (mailto:[email protected]) Toll free: (866) 364-9980 \uf002 ( 3/15/25, 1:14 Christian College President Fired after Sexual Assault Report \u2013 MinistryWatch 4/5 Ministry Watch \u00a92022 All rights reserved. Subscribe to receive our daily emails \ue902First Name \ue902Last Name \ue900 12345 \[email protected] Submit \uf002 ( 3/15/25, 1:14 Christian College President Fired after Sexual Assault Report \u2013 MinistryWatch 5/5", "8790_105.pdf": "From Casetext: Smarter Legal Research Jones v. Georgetown Coll. United States District Court, Eastern District of Kentucky Mar 28, 2024 3:22-cv-00058 (E.D. Ky. Mar. 28, 2024) Copy Citation Download Check Treatment Rethink the way you litigate with CoCounsel for research, discovery, depositions, and so much more. Try CoCounsel free 3:22-cv-00058 03-28-2024 A. JONES, et al., Plaintiffs, v COLLEGE, et al., Defendants. Gregory F. Van Tatenhove, United States District Judge Gregory F. Van Tatenhove, United States District Judge Sign In Search all cases and statutes... Opinion Case details 3/15/25, 1:14 Jones v. Georgetown Coll., 3:22-cv-00058 \| Casetext Search + Citator 1/13 This matter is before the Court on Defendants' Motion for Judgment on the Pleadings [R. 24.] Plaintiffs seek a judgment against Defendants for defamation, invasion of privacy, intentional infliction of emotional distress, vicarious liability, breach of contract, Title violations, and various federal and state constitutional violations. [R. 1-3 at 46-79.] In response, Defendants seek judgment on the pleadings, arguing that the Court should dismiss some of the claims and parties as they do not state a proper claim for relief. [R. 24 at 3.] Having reviewed the pleadings, the Court will Defendants' Motion for Judgment on the Pleadings Mr. William A. Jones was the President of Georgetown College for roughly two years. While President, Mr. Jones was accused of sexual assault by a former colleague in 2021. Mr. Jones was then terminated for cause as President of Georgetown College on November 1, 2021. He now seeks damages for \u201creputational, mental, emotional, and professional damage caused.\u201d [R. 1-3 at 9.] As the President of Georgetown College, Mr. Jones frequently attended events with colleagues on behalf of the College. On October 18, 2021, Mr. Jones and Hannah Kroskie, a 2 former employee at Georgetown College, traveled to Indianapolis, Indiana to attend a black-tie fundraiser on behalf of the College. Following the trip, Ms. Kroskie filed a report of sexual assault against Mr. Jones with the Indianapolis Police Department. Ms. Kroskie's claims were later dismissed, and Mr. Jones was cleared of all charges. [R. 1-1 at 103.] In addition, Christy Mai, another former employee at Georgetown College, also accused Mr. Jones of sexual assault. The Complaint contends, however, that Mr. Jones' relationship with Ms. Mai was consensual. [R. 1-1 at 54.] Nonetheless, the allegations of sexual assault prompted an emergency meeting of the Executive Committee of the Board of Trustees, who voted to terminate Mr. Jones' employment contract with Georgetown College. This vote was later affirmed by the full Board of Trustees, and Mr. Jones was terminated on November 1, 2021. 2 As a result of his termination, Mr. Jones was prohibited from contacting any Board member, faculty, student, or staff at the College. Mr. Jones was also 3/15/25, 1:14 Jones v. Georgetown Coll., 3:22-cv-00058 \| Casetext Search + Citator 2/13 prohibited from entering the College's campus and was asked to immediately vacate the President's home. On November 2, 2021, the College's Acting President, Rosemary Allen, released a statement detailing the events leading to Mr. Jones' termination. [R. 1-3 at 37.] In addition to Mr. Jones, Mr. Jones' family is also seeking recovery for the damage inflicted on them as a result of Mr. Jones' termination. After Mr. Jones' termination, Mrs. Jones was made an outcast in her community. [R. 1- 3 at 9.] The Complaint alleges that Mrs. Jones cannot attend events or worship without fear of retribution. Id. Further, Mr. Jones' daughter, Annalise, who currently attends Georgetown College, was allegedly harassed following her father's termination. Specifically, the Complaint alleges that some members of the Kappa Alpha Order fraternity planned to \u201cgang rape her on the Civil War era cannon located in front of their campus \u2018house.'\u201d [R. 1-3 at 9.] Georgetown College issued No Contact Orders on Annalise 3 Jones, ordering her to not have any contact with the fraternity members involved. Id. at 9-10. The College also suspended the fraternity for four years. Id. Mr. Jones' other five children are also included in the complaint, noting that they have all been \u201cscarred and damaged by the physical and emotional trauma inflicted upon their father and by extension their siblings and themselves.\u201d [R. 1-3 at 10.] 3 Thus, Mr. Jones and his family initiated this lawsuit in Franklin Circuit Court on September 30, 2022, seeking compensatory and punitive damages. The Defendants then removed this action on October 19, 2022, to this Court based on federal question jurisdiction. [R. 1 at 8.] The Defendants have filed a Motion for Judgment on the Pleadings, arguing various claims and parties should be dismissed as they do not properly state a claim for relief. [R. 24 at 3.] The matter, having been fully briefed, is now ripe for review \u201cAfter the pleadings are closed - but early enough not to delay trial - a party may move for judgment on the pleadings.\u201d Fed.R.Civ.P. 12(c). \u201cThe standard of review for a Rule 12(c) motion is the same as for a motion under Rule 12(b)(6) for failure to state a claim upon which relief can be granted.\u201d Fritz v. Charter Twp. of Comstock, 592 F.3d 718, 722 (6th Cir. 2010) (citing Zeigler v. 3/15/25, 1:14 Jones v. Georgetown Coll., 3:22-cv-00058 \| Casetext Search + Citator 3/13 Hog Market, Inc., 249 F.3d 509, 511-12 (6th Cir. 2001)). \u201cFor purposes of a motion for judgment on the pleadings, all well-pleaded material allegations of the pleadings of the opposing party must be taken as true, and the motion may be granted only if the moving party is nevertheless clearly entitled to judgment Morgan Chase Bank, N.A.v. Winget, 510 F.3d 577, 581 (6th Cir. 2007) (internal citations omitted). Additionally, courts can examine \u201cpublic records, items appearing in the record of the case and exhibits attached to defendant's motion to dismiss, as long as they are referred to in the [c]omplaint and are central to the claims 4 contained therein\u201d without transforming a motion for judgment on the pleadings into a motion for summary judgment. Bassett v. NCAA, 528 F.3d 426, 430 (6th Cir. 2008). 4 As is the case with a motion to dismiss under Rule 12(b)(6), in a Rule 12(c) motion for judgment on the pleadings, the Court \u201cconstrue[s] the complaint in the light most favorable to the plaintiff, accept[s] its allegations as true, and draw[s] all inferences in favor of the plaintiff.\u201d DirecTV, Inc. v. Treesh, 487 F.3d 471, 476 (6th Cir. 2007) (citation omitted). The Court, however, \u201cneed not accept as true legal conclusions or unwarranted factual inferences.\u201d Id. (quoting Gregory v. Shelby County, 220 F.3d 433, 446 (6th Cir. 2000)). The Supreme Court explained that in order \u201c[t]o survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to \u2018state a claim to relief that is plausible on its face.'\u201d Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007 The Court will first address counts with federal claims. Plaintiffs bring Count Eleven under 42 U.S.C. \u00a7 1983, which provides a civil action for deprivation of rights. Specifically, the Plaintiffs allege that the Defendants deprived Plaintiff Annalise Jones \u201cof her guaranteed First, Fourth, Fifth and Fourteenth Amendment Rights.\u201d [R. 1-3 at 69.] Georgetown College argues, however, that the College is not a state actor, such that the Defendants cannot be sued under the United States Constitution. The Supreme Court noted that determining whether an organization is a state actor is a \u201cnecessarily fact-bound inquiry.\u201d Brentwood Academy v. Tennessee Secondary School Athletic Ass'n, 531 U.S. 288, 298 (1982). 3/15/25, 1:14 Jones v. Georgetown Coll., 3:22-cv-00058 \| Casetext Search + Citator 4/13 There are three tests for state action. Brentwood Academy held that courts may attribute state action to a nominally private actor's activity that \u201cresults from the State's exercise of 5 \u2018coercive power,' when the State provides \u2018significant encouragement, either overt or covert,' or when a private actor operates as a \u2018willful participant in joint activity with the State or its agents.'\u201d Id. at 296. In Faparusi v. Case Western Reserve University, the Sixth Circuit explained that a plaintiff cannot adequately claim that a university is a state actor based solely on the fact that the university investigated the plaintiff pursuant to Title IX. 711 Fed.Appx. 269, 275 (6th Cir. 2017). The risk of losing federal funding is also insufficient to support state action. Id. (citing Doe v. Case W. Rsrv. Univ., No. 1:17-cv-414, 2017 3840418, at 9 (N.D. Ohio Sept. 1, 2017)). Without \u201cevidence that \u2018the federal government participated in the proceedings against the plaintiff, or dictated the specific finding of responsibility in th[e] case,'\u201d then a private university's conduct is not state action. Id. (quoting Case W. Rsrv. Univ., 2017 3840418, at 9). The case law, both within and outside the Sixth Circuit, highlights that private colleges are not transformed into state actors while conducting Title investigations. See, e.g., Heineke v. Santa Clara Univ., 965 F.3d 1009, 1014 (9th Cir. 2020); Doe v. Univ. of Denver, 952 F.3d 1182, 1188 (10th Cir. 2020). 5 Plaintiff Annalise Jones' allegation neither satisfies any of the state-actor tests nor overcomes the persuasive case law of our sister circuits. The Plaintiffs assert that a \u201cprivate college is acting as a state actor when it is performing Title review\u201d because \u201cfederal funds are specifically tied to the proper execution of Title IX.\u201d [R. 25 at 4.] However, as noted above, federal funding is not enough to make a private action subject to the state action doctrine. The Plaintiffs further contend that the \u201c42 U.S.C. \u00a7 1983 claim rests squarely on the failure of Georgetown College to adhere to Title and their disparaging treatment\u201d of Annalise Jones as a result. Id. at 5. Again, as discussed above, the College is not considered a state actor solely because of a Title investigation. As such, there is not enough evidence alleged in Count 6 Eleven to make out a plausible Title claim against the Defendants. Count Eleven must be dismissed against the Defendants because they are not considered state actors. 6 3/15/25, 1:14 Jones v. Georgetown Coll., 3:22-cv-00058 \| Casetext Search + Citator 5/13 Further, in Count Fourteen of the Complaint, Plaintiff William Jones alleges that Georgetown College, the Board of Trustees, and the Georgetown Administrative Defendants violated 20 U.S.C. \u00a7 1681, commonly referred to as Title IX, by \u201c[failing] to provide administrative, substantive, and procedural due process in accordance with . . . Title of the Education Amendments of 1972.\u201d [R. 1-1 at 97.] Georgetown College contends that Count Fourteen must be dismissed against individual defendants because Title claims cannot be asserted against individual defendants. [R. 24-1 at 11.] In response, the Plaintiffs contend that the individual defendants were \u201cacting outside of the purview of their role and therefore should be held accountable for their violations under Title IX.\u201d [R. 25 at 5.] 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). The Plaintiffs argue that the individual Defendants should remain as parties because the individual defendants were acting outside the purview of their role, citing Doe v. Baum, 903 F.3d 575 (6th Cir. 2018). However, the Plaintiffs' reliance of Doe v. Baum is misplaced, as it does not address the issue of whether individual defendants can be sued under Title IX. The Plaintiffs argue that the Sixth Circuit in Baum held that \u201cthe university deprived a male student of his right to due process by failing to provide an opportunity for cross- examination.\u201d [R. 25 at 5.] While this is in fact the holding, the Sixth Circuit in Baum does not elucidate whether individual defendants can be sued under Title IX. To the contrary, both the United States Supreme Court 7 and the Sixth Circuit have held that Title does not impose personal liability on individuals unless they are recipients of federal funds. See Fitzgerald v. Barnstable School Committee, 555 U.S. 246, 257 (2009); Soper v. Hoben, 195 F.3d 845, 854 (6th Cir. 1999); Stiles v. Grainger Cty., 819 F.3d 834 (6th Cir. 2016). The Plaintiffs have provided no evidence that the individual defendants have received federal funds under Title IX. As such, Count 14 is dismissed as to the individual defendants. 7 3/15/25, 1:14 Jones v. Georgetown Coll., 3:22-cv-00058 \| Casetext Search + Citator 6/13 In addition to Title violations, Count Fourteen alleges that the Defendants violated the Fourth, Fifth, and Fourteenth Amendments to the United States Constitution and Section Two of the Kentucky Constitution. With respect to the federal Constitution claims, because Georgetown College is not a state actor, there cannot be a constitutional violation against a private actor. The Sixth Circuit has held that constitutional protections \u201care triggered only in the presence of state action and that a private entity acting on its own cannot deprive a citizen of First Amendment rights.\u201d Lansing v. City of Memphis, 202 F.3d 821, 828 (6th Cir. 2000). As such, Count Fourteen must be dismissed to the extent that it alleges Fourth, Fifth, and Fourteenth Amendment violations under the United States Constitution. In Count Fourteen, the Plaintiffs also claim a violation of Section Two of the Kentucky Constitution. Section Two of the Kentucky Constitution provides that \u201c[a]bsolute and arbitrary power over the lives, liberty and property of freeman exists nowhere in a republic, not even in the largest majority.\u201d Ky. Const. \u00a7 2. The Defendants argue \u201cthere is no private right of action for a violation of the Kentucky Constitution \u00a7 2.\u201d [R. 24-1 at 14.] The Court agrees with the Defendants. The Supreme Court of Kentucky has recognized that no private cause of action exists under Section Two. St. Luke Hospital, Inc. v. Straub, 354 S.W.3d 529, 536-37 (Ky. 2011) 8 (noting that Kentucky's General Assembly has not authorized a statutory private right of action for state constitutional violations). Despite the Kentucky Supreme Court's ruling in St. Luke, the Plaintiffs attempt to analogize Kentucky Statutes that seemingly allow for a private right of action to Section Two of the Kentucky Constitution. [R. 25 at 6 (\u201cKentucky Law allows a suit against individuals who serve on non-profit boards for their individual acts and therefore are state actors under the Kentucky Constitution.\u201d).] However, just because a statute provides a private right of action does not mean that the Kentucky Constitution provides a private right of action. See St. Luke Hosp., Inc., 354 S.W.3d at 536 (noting that violations of a state statute \u201cdoes not create a private right of action for the state constitution because our constitution is not a statute\u201d). As such, Count Fourteen must be dismissed to the extent it alleges a violation of the Kentucky Constitution Section Two. 8 3/15/25, 1:14 Jones v. Georgetown Coll., 3:22-cv-00058 \| Casetext Search + Citator 7/13 Georgetown College next argues that Count Ten, the intentional infliction of emotional distress claim, must be dismissed as to all Defendants except Defendant Blevins because Blevins is the only Defendant to which an allegation has been alleged. The Plaintiffs argue \u201cMr. Jones knows that at least five members of the Board were in communication with Granetta Blevins on how to stop the permanent removal of the fraternity from Georgetown's campus.\u201d [R. 25 at 2.] As such, the Plaintiff argues that through discovery, the parties will \u201cknow who exactly those individuals were.\u201d Id. at 3. To prove intentional emotional distress, the Plaintiff must show: (1) the wrongdoer's conduct was intentional or reckless, (2) the conduct was outrageous and intolerable in that it offends generally accepted standards of decency and morality, (3) a causal connection between the wrongdoer's conduct and emotional distress, and (4) the emotional distress was severe. Brewer v. Hillard, 15 S.W.3d 1, 6 (Ky. Ct. App. 1999). 9 9 The Complaint alleges that after becoming aware of messages between members of the Kappa Alpha Order, \u201cDefendant Blevins and at least five (5) additional members of the Board of Trustees . . . disagreed with and fought against any punishment at all being delivered upon the social fraternity.\u201d [R. 1-1 at 88.] Plaintiffs' obligation to provide grounds for their relief requires more than conclusions and recitation of the elements. The Plaintiffs' offer, in support of their Complaint, that \u201ceach named Defendant . . . had actual knowledge of the multiple text messages\u201d by and between the Kappa Alpha Order Fraternity. [R. 1-1 at 87.] However, the Complaint does not allege the emotional distress caused to the Plaintiffs by the Defendants' mere knowledge of the text messages. Thus, the Court finds that Plaintiffs have failed to state a claim for intentional infliction of emotional distress against the Defendants, except for Defendant Blevins, that is plausible on its face. As such, the Defendants, apart from Defendant Blevins, are dismissed from Count Ten. Likewise, the Defendants argue that all Plaintiffs, except Mr. Jones, must be dismissed from Count Ten because they were not emotionally distressed, nor were the actions of the Board directed toward them. [R. 24-1 at 8.] The Plaintiffs argue that the Defendants knew that Mr. Jones and his family endured racial harassment in the past, so the Board should have known that \u201ca racial incident involving any member of the Jones family . . . would have a 3/15/25, 1:14 Jones v. Georgetown Coll., 3:22-cv-00058 \| Casetext Search + Citator 8/13 direct impact on the whole family.\u201d [R. 25 at 3.] Plaintiffs' argument is noticeably devoid of any case law supporting their theory that Defendants are liable to all the Plaintiffs in Count Ten. Id. at 3-7. The Defendants provide two cases the Court finds instructive on the issue of the Defendants' liability to all the Plaintiffs: Allen v. Clemons, 920 S.W.2d 884 (Ky. App. 1996) and Fryman v. Masters, 2004-CA-000932-MR, 2005 1993464 (Ky. App. Aug. 19, 2005). In 10 both Allen and Fryman, the court declined to allow third-party emotional distress claims. Allen, 920 S.W.2d at 885; Fryman, 2005 1993464, at 1. 10 In Allen, a sign was placed in the yard of the Plaintiff, which stated \u201cDanger- Child Molester in the Community.\u201d Allen, 920 S.W.2d at 885. The Plaintiff and the Plaintiff's family sued the Defendant for outrageous conduct. Id. The Court of Appeals of Kentucky found that the Plaintiff's wife did not have a claim because the sign was not directed at her, but rather was directed at her husband. Id. at 886. Similarly, in Fryman, the decedent's family filed an intentional infliction of emotional distress claim against one of the decedent's teachers who spoke ill of decedent. Fryman, 2005 1993464, at 1. However, the Supreme Court of Kentucky found that liability for does not extend to third parties. Id. at 2. The Kentucky Supreme Court concluded that the decedent's family was not present when the offensive comments were made, and none of the statements referred to the decedent's family. Id. 1 1 Under Kentucky law, outrage and intentional infliction of emotional distress are interchangeably used to describe the same tort. Burgess v. Taylor, 44 S.W.3d 806, 811 (Ky. App. 2001). As the above cases illustrate, Kentucky does not allow for recovery of a third-party claim. Arnoldv. Wilder, 657 F.3d 353, 368 (6th Cir. 2011) (\u201cKentucky has not yet adopted \u00a7 46(2), which subjects an actor to liability where the conduct is directed at a third person . . . .\u201d). Here, with the exception of Mr. Jones, the statements in question were neither made in the presence of any of the Plaintiffs, nor is there evidence the statements were directed at any of the Plaintiffs. [R. 25 at 2-3.] Thus, the remaining Plaintiffs are considered third-party Plaintiffs with respect to the claim. As such, all the Plaintiffs, except Mr. Jones, are dismissed from Count Ten. 11 11 3/15/25, 1:14 Jones v. Georgetown Coll., 3:22-cv-00058 \| Casetext Search + Citator 9/13 In Count Twelve, Annalise Jones alleges intentional infliction of emotional distress against the Defendants as a result of the Kappa Alpha Order text messages. [R. 1-1 at 91.] The Plaintiffs argue that \u201cdiscovery will show that there was an active attempt by some members of the administration and the Board of Trustees to discredit Annalise Jones and to protect the Kappa Alpha Order,\u201d necessitating all the Defendants to be held liable. [R. 25 at 4.] Georgetown College argues, however, that Kentucky abolished joint and several liability, such that Count 12 should be dismissed to all defendants except Kappa Alpha Order. [R. 25 at 4.] The Plaintiffs provide no case law supporting their position that the Defendants should be held jointly and severally liable for the Kappa Alpha Order text messages. Perplexingly, in their Response, Plaintiffs state that that \u201cGeorgetown College, the Board of Trustees, the Individual Members of the Board of Trustees, and the Georgetown Administrative Defendants are severally liable for Count 12.\u201d [R. 25 at 7 (emphasis added).] It appears the Plaintiffs have either conflated or confused joint and several with several liability. First, it is clear that Kentucky has abolished joint and several liability. Under joint and several liability, each defendant will be held entirely responsible for a single indivisible injury. The result being that a plaintiff who was minimally at fault would bear the burden of the entire injury amount. In Dix & Associates Pipeline Contractors, Inc. v. Key, the Supreme Court of Kentucky found this result profoundly unfair, and subsequently did away with joint and several liability. 799 S.W.2d 24, 27 (Ky. 1990) (noting it is \u201cfundamentally unfair to require one joint tort-feasor who is only 5 percent at fault to bear the entire loss when another tort-feasor has caused 95 percent of the loss\u201d). The holding in Dix & Associates was later codified in 12 \u00a7 411.182. To the extent the Plaintiffs seek to hold the Defendants jointly and severally liable, they cannot do so under Kentucky law. 12 Several liability, however, is allowed under Kentucky law. See Dix & Associates, 799 S.W.2d at 27. In their Complaint, the Plaintiffs do not allege several liability, they allege joint and several liability. The discrepancy 3/15/25, 1:14 Jones v. Georgetown Coll., 3:22-cv-00058 \| Casetext Search + Citator 10/13 between the Plaintiffs' Complaint and Response with respect to Count Twelve will be construed based on the language of the Complaint. As such, all Defendants, except the Kappa Alpha Order, should be dismissed from Count Twelve because Kentucky does not allow for joint and several liability Lastly, Georgetown College also argues that the defamation, false light claims, and intentional infliction of emotional distress claims made by Plaintiffs, other than Mr. Jones, must be dismissed because the alleged statements have to be directed at the person seeking relief. To prove a claim of defamation, the movant must show \u201c(1) defamatory language, (2) about the plaintiff, (3) which is prohibited, and (4) which causes injury to reputation.\u201d Williams v. Blackwell, 487 S.W.3d 451, 454 (Ky. App. 2016). The Defendants take issue with the second requirement because the Plaintiffs \u201cdo not allege that the statement in question are about anyone other than Plaintiff William A. Jones.\u201d [R. 24-1 at 5.] The Court finds this argument compelling, and the Plaintiffs do not dispute this argument in their Response. [R. 25.] In the Complaint, Counts Two and Three allege that as a \u201cdirect and proximate result of the aforementioned conduct . . . Mr. Jones, his wife, Amy R. Jones, and their children\u201d have suffered damages as a result of the Defendants' statements. [R. 1-3 at 48-55.] However, the statements in question were made about Mr. Jones, not his wife nor his family. As such, the claims of all Plaintiffs, except Mr. Jones, should be dismissed in relation to Counts Two and Three. The 13 Defendants also ask Count One to be dismissed as to Mr. Jones' wife and family. However, Count One only refers to Mr. Jones. Thus, Count One remains wholly intact. 13 Similarly, with respect to Counts Four, Five, and Six, which are the false light claims, the Defendants seek to have Mr. Jones' wife and family dismissed as Plaintiffs because the statements in question were not addressed to them. To prove a false light claim, the movant must show (1) the false light in which the other was placed would be highly offensive to a reasonable person, and (2) the publisher had knowledge of, or acted in reckless disregard, as to the falsity of the publicized matter. McCall v. Courier-Journal and Louisville Time Co., 623 S.W.2d 882, 888 (Ky. 1981). Again, 3/15/25, 1:14 Jones v. Georgetown Coll., 3:22-cv-00058 \| Casetext Search + Citator 11/13 the Court agrees with, and the Plaintiffs do not dispute, the Defendants' argument. The requirement that the plaintiff be placed in false light necessarily requires the alleged statements to concern the plaintiff. For the same reasons as stated in defamation discussion, this claim likewise fails. As such, all the Plaintiffs, except Mr. Jones, should be dismissed as to Counts Four, Five, and Six Accordingly, and the Court being otherwise sufficiently advised, it is hereby as follows: 1. Defendant's Motion for Judgment on the Pleadings [R. 24] is GRANTED; 2. Plaintiffs Amy R. Jones, Annalise Jones, Thomas Jones, Jr., Grace Jones, W.J., II, H.J., and A.J. are as parties from Counts 2-6 of the Complaint; 3. All Defendants, except for Defendant Granetta Blevins, are as parties from Count 10 of the Plaintiffs' Complaint; *14 14 4. Amy R. Jones, Annalise Jones, Thomas Jones, Jr., Grace Jones, W.J., II, H.J., and A.J. are as parties from Count 10 of the Plaintiffs' Complaint; 5. Count 11 of the Plaintiffs' Complaint is DISMISSED; 6. Georgetown College, the Board of Trustees, the Individual Members of the Board of Trustees, the Georgetown Administrative Defendants are from Count 12 of the Plaintiffs' Complaint; 7. The Individual Members of the Board of Trustees and the Georgetown Administrative Defendants are from Count 14 of the Plaintiffs' Complaint; and 8. Count 14 of the Plaintiffs' Complaint is DISMISSED. 3/15/25, 1:14 Jones v. Georgetown Coll., 3:22-cv-00058 \| Casetext Search + Citator 12/13 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. 3/15/25, 1:14 Jones v. Georgetown Coll., 3:22-cv-00058 \| Casetext Search + Citator 13/13", "8790_106.pdf": "GEORGETOWN, Ky. (AP) \u2014 The president of Kentucky\u2019s Georgetown College has been fired after reports emerged accusing him of sexual assault and sexual misconduct against employees, the small Christian liberal arts school announced Tuesday. William Jones was fired by the board of trustees after the college learned of \u201callegations of a sexual assault of a female College employee, inappropriate behavior with another female College employee, and other conduct in violation of Jones\u2019s employment agreement with the College,\u201d according to a news release. The Associated Press was not able to reach Jones for comment on Tuesday evening. The college received the allegations on Oct. 31 and Board of Trustees chairman Robert Mills called a meeting of the board\u2019s executive committee the next day. The full board voted to fire him on Monday. The college has hired outside counsel to continue the investigation, the release said. Officials \u201cGeorgetown College does not tolerate violence or misuse of authority. We hold our administrators, students and faculty to the highest standards of moral and ethical conduct,\u201d Mills said in a statement, according to the Lexington Herald-Leader. \u201cWe are surprised and deeply disappointed by what we have learned. We will support the members of our Georgetown College family who are directly impacted, and we will work cooperatively with ongoing or any future investigations.\u201d Officials did not release further details about the allegations. Kentucky college president fired after sexual assault report Published 5:36 CDT, November 2, 2021 Deadly weather \u2018Ted Lasso\u2019 Season 4 SpaceX launch Streaming now Ohtani in Japan 3/15/25, 1:14 Kentucky college president fired after sexual assault report News 1/2 Rosemary Allen, the school provost, was named acting president of the college by the board of trustees. The school, which is not connected to Georgetown University in Washington, is located about 10 miles (16 kilometers) north of Lexington. According to the college\u2019s website, Jones was named president in 2019 and previously worked as the president of Bethany College in Lindsborg, Kansas. 1 Trump says he was being a \u2018bit sarcastic\u2019 when he promised to end Russia-Ukraine war in 24 hours 2 Saturday\u2019s extreme weather gets rarely used \u2018high risk\u2019 designation 3 More than 50 universities face federal investigations as part of Trump\u2019s anti campaign 4 Appeals court lifts blocks on Trump\u2019s orders restricting diversity, equity and inclusion programs 5 Rubio says South Africa\u2019s ambassador to the \u2018is no longer welcome\u2019 in the country 3/15/25, 1:14 Kentucky college president fired after sexual assault report News 2/2", "8790_107.pdf": "The president of Georgetown College in Kentucky was fired over alleged inappropriate conduct including complaints he sexually assaulted a female colleague. By Minyvonne Burke Nov. 3, 2021, 10:00 / Updated Nov. 3, 2021, 10:31 President of Georgetown College in Kentucky fired over sexual assault allegations \"Georgetown College does not tolerate violence or misuse of authority,\" said Robert L. Mills, chairman of the college's Board of Trustees Get more news on 3/15/25, 1:14 President of Georgetown College in Kentucky fired over sexual assault allegations 1/3 The private liberal arts Christian college, located about 70 miles from Louisville, announced William A. Jones' termination on Tuesday. \"Georgetown College does not tolerate violence or misuse of authority. We hold our administrators, students and faculty to the highest standards of moral and ethical conduct,\" said Robert L. Mills, chairman of the college's Board of Trustees, in a statement. Jones is accused of sexually assaulting a female employee, engaging in inappropriate behavior with another female worker and displaying \"other conduct in violation\" of his employment, the college said. The school became aware of the allegations on Sunday and immediately launched an investigation. Georgetown said in its statement that it had hired outside counsel to assist with the investigation. \"We are surprised and deeply disappointed by what we have learned,\" Mills said. \"We will support the members of our Georgetown College family who are directly impacted, and we will work cooperatively with ongoing or any future investigations.\" William A. Jones 3/15/25, 1:14 President of Georgetown College in Kentucky fired over sexual assault allegations 2/3 Mills called a meeting on Monday with the executive committee of the Board of Trustees, which decided to fire Jones. The termination went into effect on Monday. Rosemary Allen, the college\u2019s provost, will serve as acting president by the College\u2019s Board of Trustees. \"We are confident in the leadership of acting president Allen and the Board appreciates her dedication to the continuing mission of Georgetown College during this difficult time,\" Mills said. Jones became president of the college in July 2019. He has not publicly commented on the allegations and could not be reached Wednesday at phone numbers listed for him. Minyvonne Burke Minyvonne Burke is a senior breaking news reporter for News. 3/15/25, 1:14 President of Georgetown College in Kentucky fired over sexual assault allegations 3/3"}
8,425	Valarmathi Thiruvanamalai	University of Illinois ‚Äì Urbana-Champaign	[ "8425_101.pdf", "8425_102.pdf", "8425_103.pdf" ]	{}
8,528	Kevin Dalby	University of Texas ‚Äì Austin	[ "8528_101.pdf", "8528_102.pdf", "8528_103.pdf" ]	{}
8,948	Maria Mendoza-Bautista	California State University - San Marcos	[]	{}
7,474	Peter Ludlow	Northwestern University	[ "7474_101.pdf", "7474_102.pdf", "7474_103.pdf", "7474_104.pdf", "7474_105.pdf", "7474_106.pdf", "7474_107.pdf", "7474_108.pdf", "7474_109.pdf", "7474_101.pdf", "7474_102.pdf", "7474_108.pdf", "7474_101.pdf", "7474_102.pdf", "7474_108.pdf" ]	{"7474_101.pdf": "Title Nein Northwestern University found that a star professor violated the sexual harassment code in his treatment of a student. Why is he still teaching 23, 2014 \u2022 11:44 One of Peter Ludlow\u2019s former students alleges that even after he was found in violation of Northwestern University\u2019s sexual harassment policy, he wasn\u2019t punished. In fact, he seems to be getting a new job. Photo courtesy International Journalism Festival/Flickr Two years ago a Northwestern University freshman filed an official complaint to the school about superstar philosophy professor Peter Ludlow. Two weeks ago, after what she describes as indifference and inaction on the part of the university, the student sued Northwestern in federal court 3/15/25, 11:33 Northwestern University found professor Peter Ludlow violated the sexual harassment code with a student. 1/6 According to her complaint, the student originally accused Ludlow of getting her drunk, and then kissing and groping her while she blacked out. An internal investigation by Northwestern\u2019s Sexual Harassment Prevention Office found in the student\u2019s favor\u2014Ludlow had broken the school rules that protect against sexual harassment, the university\u2019s committee found. The student hoped he would be fired, or at least disciplined. Instead, she claims, Northwestern stood by ineffectually as Ludlow threatened defamation litigation. While she spiraled into depression and attempted suicide, Ludlow continued to work as a tenured professor with full privileges. And according to the blog Leiter Reports, he\u2019s on his way to another tenured position at Rutgers University\u2014his fourth such position in 12 years. At the heart of the student\u2019s complaint is the allegation that the university violated Title IX, the law that obligates universities to investigate sexual misconduct claims in a timely fashion, and provide an environment free of retaliation against the people who make the claims. The student\u2019s suit alleges that Northwestern acted with \u201cdeliberate indifference\u201d by allowing Ludlow to keep teaching, and committed \u201cretaliation\u201d by allowing him to threaten the defamation suit. The filing asks for damages, medical costs related to the assault, and attorney\u2019s fees\u2014and, most importantly, for \u201cproper remedial actions\u201d to be taken regarding Ludlow. That\u2019s actually what Northwestern seemed to be planning, back when Joan E. Slavin of the Sexual Harassment Prevention Office wrote a letter to the student. Slavin promised that the Sexual Harassment Prevention Office would \u201cwork with the [dean\u2019s] office on implementing needed corrective and remedial actions.\u201d Yet, Slavin said, the office \u201cwould be unable to provide [the student] with details of disciplinary and corrective actions taken against Professor Ludlow.\u201d Update, Feb. 24, 2014: According to Northwestern\u2019s court filing in response to the students complaint, which was publicized in a press release Friday afternoon after this piece was written, the university took substantial steps: denying Ludlow a major raise, refusing him an endowed chair, and requiring him to attend sensitivity training. But, according to the statement Ludlow\u2019s attorney gave me, firing him was never an option. \u201cTo our knowledge,\u201d she writes, \u201cthere has never been any recommendation\u201d that Ludlow be terminated. Given the certainty in Slavin\u2019s letter, this seems difficult to believe\u2014and appears to be seriously dicey at a school subject to Title IX. It\u2019s not often that details of a sexual harassment case of this nature are even made public. For example, in the recent harassment kerfuffle at the University of Colorado\u2013Boulder\u2019s philosophy department, the accusations remained frustratingly murky. The details in the Northwestern report, by contrast, are disturbingly, vividly specific\u2014as are the university\u2019s findings. And yet, though Northwestern claims it took several substantial measures to discipline Ludlow, according to 3/15/25, 11:33 Northwestern University found professor Peter Ludlow violated the sexual harassment code with a student. 2/6 the student\u2019s complaint, the office never informed her of this, and she continued to encounter him on campus\u2013and to feel threatened with retaliation.* Drawn from both the suit and Slavin\u2019s findings, here are the pertinent details of the allegations, which Ludlow vehemently denies (and which remain unproven in a court of law). The student took Ludlow\u2019s Philosophy of Cyberspace course in fall 2011. The following February, after the course ended, she sent him an email about an art event in downtown Chicago that she thought would be relevant to his research. He suggested they attend together. They met at his office, and he gave her a ride. During the course of the evening, Ludlow plied her with alcohol, she attests in the lawsuit, even though she was 19. After she got drunk, she claims he made numerous sexual advances, which she resisted\u2014asking, numerous times, to be driven back to school\u2014until she became incapacitated, the filing alleges. At that point, she would have been incapable of consent, according to Northwestern policy. Instead of driving her home, the suit claims, Ludlow took her to his apartment, where she lost consciousness and later woke up in his bed, with his arms around her.* The Sexual Harassment Prevention Office found all of of these allegations credible. Later that week the student told her story to university authorities\u2014first to a history professor, then to a journalism professor, and finally to Slavin. That\u2019s when the internal investigation was launched, with its damning findings that Ludlow had broken the university\u2019s rules. I\u2019ve had several off-the-record email conversations with the student\u2014a direct, articulate young woman who is now a junior\u2014and can see why Slavin believed her. After interviewing both the student and Ludlow, Slavin found that he engaged in \u201cunwelcome and inappropriate sexual advances\u201d toward the student, and that \u201cdue to heavy consumption of alcohol purchased\u201d for the student by him, she was \u201cunable to offer meaningful consent to this physical touching,\u201d according to the university\u2019s report. (The statement received from Ludlow\u2019s attorney, Kristin Case, counters that it was the student who \u201cpropositioned\u201d Ludlow, who then \u201crefused her advances.\u201d Case declined to comment further on Ludlow\u2019s behalf; Ludlow only communicates with the press through his attorney.) As his lawyer\u2019s statement makes clear, Ludlow has never been convicted of a crime or found liable in a civil proceeding. Still, Northwestern\u2019s findings raise some pressing questions. First, why wasn\u2019t Ludlow\u2019s punishment made clearer to the student? And really, though said punishment was severe, why wasn\u2019t termination an option?* The Sexual Harassment 3/15/25, 11:33 Northwestern University found professor Peter Ludlow violated the sexual harassment code with a student. 3/6 Prevention Office found him in violation of the school\u2019s policy. Why was nothing substantial done as a result of this finding? Was the university influenced by the fact that Ludlow threatened to sue\u2014and does it continue to be, since he has sued multiple media outlets over their reporting on the case? Second, why is the philosophy program at Rutgers apparently taking Ludlow on? Does Rutgers miss former employee Colin McGinn that much? Maybe not, actually. \u201cThis was not brought to our attention by either the candidate or his employer,\u201d a Rutgers spokesman told the Daily Northwestern. That\u2019s an unconscionable omission, though not particularly surprising. On the rare occasions that professors with tenure enter the academic job market, they usually don\u2019t tell their current employers, so Northwestern might not have had a chance to give a heads-up. Now that Rutgers knows, will the philosophy department still bring him to campus? Will the university worry that it will be next to be sued if this offer is revoked? Third, why are influential voices in the philosophy community giving Ludlow a pass? University of Chicago professor Brian Leiter, for example, posted on his influential philosophy blog this statement from Ludlow\u2019s attorney, with no corresponding statement from the student\u2019s lawyer, and is cautioning his readers not to jump to conclusions. Sure, that\u2019s always good advice, but what about the public findings of Slavin\u2019s office? Update, Feb. 24, 2014: Brian Leiter, who emailed Slate in response to this story, says that he has not given Ludlow a pass. He writes: The plaintiff\u2019s attorney did not send me a statement, Ludlow\u2019s attorney did did not even know who the plaintiff was at this time, since she had not been named in the news reports.) If the plaintiff\u2019s attorney had sent me a statement would have posted it, but for obvious reasons, the plaintiff\u2019s attorney probably concluded that reaching an audience of philosophers was not as important for her. (Ms. Schuman never bothered to inquire with me about any of this.) More importantly, and unnoted by Ms. Schuman had linked repeatedly and described in detail news articles reporting the plaintiff\u2019s account of Ludlow\u2019s conduct: the plaintiff\u2019s allegations had been extensively covered on my blog at the point at which Ludlow\u2019s attorney sent me her statement also provided a detailed description of the allegations in the plaintiff\u2019s complaint and, when Northwestern\u2019s answer finally appeared (after the posts Ms. Schuman links to, but before her article appeared provided a detailed account of Northwestern\u2019s admissions. Leiter continues: \u201cAt the time correctly cautioned readers \u2018not to jump to conclusions\u2019 (in response to a false statement that Ludlow had \u2018sexually assaulted\u2019 the student), the only account of the \u2018public findings of Slavin\u2019s office\u2019 were contained in the plaintiff\u2019s complaint, which had noted at the time.\u201d And he adds: \u201cThat sexual harassment is a serious problem in 3/15/25, 11:33 Northwestern University found professor Peter Ludlow violated the sexual harassment code with a student. 4/6 professional philosophy is consistent with responsible and thorough coverage of the allegations in the Title lawsuit against Northwestern, which have provided.\u201d Here\u2019s the thing. Providing a remedy for the kind of infractions Ludlow is accused of\u2014 unwelcome kissing and touching, getting an underage woman drunk and then failing to respect her wishes\u2014is precisely the purpose of Title IX. Maybe he didn\u2019t do it, but that\u2019s not what the university\u2019s own investigation found. No one goes to jail for this stuff, but that doesn\u2019t mean they should get off with a financial slap on the wrist.* Title is meant to complement the criminal justice system. It\u2019s meant to add another layer of protection for students and others in the university. So what is particularly galling about this case\u2014and why hope the Northwestern suit continues to receive widespread media attention\u2014is that the internal investigation did what it was supposed to do. Slavin appears to have acted with with due diligence when she found in favor of the student\u2014and yet, something spooked the university into backing off. The public deserves to know what, and universities the country over need to realize that they cannot get away with shirking their Title responsibilities. Correction, Feb. 24, 2014: This article originally misstated that Northwestern did not in any way discipline Ludlow after the school found he had violated its sexual harassment code in his treatment of a student. In fact, Northwestern says, it denied Ludlow a major raise, refused him an endowed chair, and required him to attend sensitivity training. Ludlow was not fired, however, and he continued to teach with full privileges. This article also misstated that the student\u2019s complaint in court, and the Sexual Harassment Prevention Office\u2019s findings, included the allegation that the student\u2019s blouse was unbuttoned. In fact, the complaint does not make that allegation, and the Sexual Harassment Prevention Office did not address it, finding only that the student was in Ludlow\u2019s bed with his arms around her. 3/15/25, 11:33 Northwestern University found professor Peter Ludlow violated the sexual harassment code with a student. 5/6 Slate is published by The Slate Group, a Graham Holdings Company. All contents \u00a9 2025 The Slate Group LLC. All rights reserved. 3/15/25, 11:33 Northwestern University found professor Peter Ludlow violated the sexual harassment code with a student. 6/6", "7474_102.pdf": "The Daily Northwestern \u2022 November 3, 2015 \u2022 northwestern/ Philosophy Prof. Peter Ludlow resigns from Northwestern Sophia Bollag, Editor in Chief Philosophy Prof. Peter Ludlow resigned Monday from Northwestern following more than a year of legal battles and University findings that he sexually harassed two students, the University announced Tuesday. Ludlow\u2019s resignation came as the University was taking steps to terminate his employment and a faculty committee was considering his case, University spokesman Al Cubbage said. \u201cLudlow\u2019s actions violated University policy and are an affront to the standards and expectations that Northwestern University has for its faculty members,\u201d Cubbage said in a statement. \u201cThe University regrets the pain that was caused by his actions.\u201d Cubbage declined to comment on the situation further Tuesday, saying that he could not give any details about the two instances of sexual harassment. Ludlow has not taught classes at Northwestern since March 2014. In the past, Ludlow has denied all allegations of sexual assault. He did not respond to a request for comment Tuesday. The University\u2019s findings that Ludlow violated the school\u2019s sexual misconduct policy came to light in February 2014, when a then-Medill junior filed a Title lawsuit against NU. The student, who has since graduated, said in the suit the school responded with \u201cdeliberate indifference and retaliation\u201d after she told University officials Ludlow sexually assaulted her in 2012. She said Ludlow took her to a downtown Chicago art show in February 2012, bought her alcohol and ignored her repeated requests to return to Evanston, taking her to his apartment where she lost consciousness. The student said she regained consciousness early the next morning in Ludlow\u2019s bed judge sided in November 2014 with the University\u2019s motion to dismiss the case, ruling that \u201ctook timely, reasonable, and successful measures\u201d in the aftermath of the student\u2019s report. The University had found Ludlow in violation of the school\u2019s sexual misconduct policy and sanctioned him in several ways, including denying him a raise and prohibiting him from having any contact with the student. The now-graduated student is in the process of appealing her case to the 7th U.S. Circuit Court of Appeals. Her lawyers declined to comment on Ludlow\u2019s resignation Tuesday. Daily file photo by Brian Lee Then-Weinberg juniors Laura Whittenburg and Jazz Stephens meet with other students following a planned sit-in of philosophy Prof. Peter Ludlow\u2019s class in March 2014. Ludlow canceled the class before the sit-in could take place and has not taught since. He resigned Monday. The second instance the University found Ludlow in violation of its sexual misconduct policy came to light when Ludlow filed his own Title lawsuit against in 2014. The suit revealed the University also investigated Ludlow after a philosophy graduate student lodged a complaint in March 2014 that Ludlow had nonconsensual sex with her. The University found Ludlow in violation of its policy because he had \u201cunequal power\u201d in his relationship with the graduate student, according to his lawsuit. The graduate student did not immediately respond to a request for comment Tuesday. In February, a federal judge dismissed Ludlow\u2019s lawsuit, which had argued the University invaded his privacy, defamed him and discriminated against him because of his gender during its investigations of him for sexual misconduct. Shortly after the first lawsuit was filed, Ludlow canceled a class many students had planned to walk out of in protest of his continued employment. He has not taught at since. Jazz Stephens (Weinberg \u201915), who helped organize the protest while she was a student, said she participated in roughly 10 protests in response to Ludlow\u2019s employment and general issues related to sexual violence at symbolized by the Ludlow case. She said she was surprised when she learned Ludlow had resigned. \u201cI\u2019m overwhelmed and gratified and symbolically think it\u2019s a huge victory,\u201d she said. \u201cBut think there\u2019s still a lot to do.\u201d This story was updated at 12:41 a.m. on Nov. 4 with additional background information and comments from Jazz Stephens. Email: [email protected] Twitter: @sophiabollag", "7474_108.pdf": "Leiter Reports Philosophy Blog News and views about philosophy, the academic profession, academic freedom, intellectual culture, and other topics. The world's most popular philosophy blog, since 2003 article on Peter Ludlow and the Northwestern graduate student Behind a paywall, alas, but very detailed, with extensive quotes from Ludlow and the student philosopher elsewhere writes: \"Why don\u2019t you open comments? Much of what has been posted has been shown to be wrong. People should face up to that hasn\u2019t linked to it and Justin is trying to bury it haven't really followed coverage on other blogs (though it would not be surprising if my correspondent's allegation were accurate), but will open comments. No naming names of students and will edit for relevance. Posted by Brian Leiter on June 19, 2015 at 08:06 in Issues in the Profession, Philosophy in the News \| Permalink Comments 1 Me said... Can someone copy and paste some of the key passages here COMMENT: Readers may post short excerpts on which they would like to comment. Reply June 19, 2015 at 02:51 2 Ned Block said... Something puzzling about this article: Wilson says Ludlow says he and the grad student had a relationship that involved consensual sex. But Wilson says nothing about what the grad student says about this--and does not say that the grad student would not answer this question. Could it be that Wilson did not ask it? Reply June 19, 2015 at 02:52 3 anon 4:20 said... The question about \"consensual sex\" was tacitly addressed by the grad student. From the article: \"But the graduate student says Mr. Ludlow used his position to take advantage of her \u2014 praising her work, offering to help launch her career, telling her she was a 'rock star,' then pushing her to make their relationship romantic.... The graduate student says she did not consider their relationship romantic, nor did she consider them to be dating.... She kept the precarious relationship going, she says, because she benefited from the professional connection.\" In other words, the graduate believes that the imbalance of \"power\" between her and the professor, particularly given her professional ambitions, means that ostensibly \"consensual\" sexual relations between them weren't and couldn't be truly consensual. Reply June 19, 2015 at 03:20 4 anon 4:20 said... By \"the graduate meant \"the grad student,\" of course correction would be appreciated. Reply June 19, 2015 at 03:28 5 Philippe Lemoine said was left with exactly the same puzzlement as Prof. Block after was done reading the article. Despite what anon 4:20 claims don't think there is anything in the article which implies that, according to the graduate student, Ludlow had consensual sex with her before or after the alleged rape. But, as Prof. Block noted, there is also nothing which implies that she denies it or even that Wilson asked the question. Yet, given what is being discussed in the article, it's hard to believe that she didn't ask it. Reply June 19, 2015 at 03:37 6 anon 4:56 said... 3/15/25, 11:34 Leiter Reports Philosophy Blog article on Peter Ludlow and the Northwestern graduate student 1/23 The article implies that the student denies ever having sex with him apart from the alleged rape. It doesn't exactly say so, however; so think Block is right. There's some unclarity in the reporting. Here are the crucial paragraphs: \"The graduate student says she did not consider their relationship romantic, nor did she consider them to be dating. One time, she says, when they were sitting on the balcony, Mr. Ludlow kissed her and she remembers saying: \"\u2018Peter have a boyfriend can\u2019t reciprocate.\u2019\" In retrospect, she says should have gotten up and left, but thought, OK, let\u2019s just act like that didn\u2019t happen.\" (Mr. Ludlow says the graduate student kissed him first.) She kept the precarious relationship going, she says, because she benefited from the professional connection. She and Mr. Ludlow were planning to publish their academic paper. But she says she always walked a tightrope between the philosophical work she enjoyed and the physical relationship he was pushing for.\" Elsewhere the student admits to sleeping over at his apartment numerous time, sharing a bed and spooning. The texts and the G-chat indicate an extremely complicated situation, fraught with intimacy as well as power differentials. At the very least, they vindicate (it seems to me) Kipnis's statement that they had a \"relationship.\" Reply June 19, 2015 at 03:57 7 Philippe Lemoine said... This passage about the incident on the balcony is precisely one of things found really puzzling about this article. Strictly speaking, it doesn't even imply that Ludlow was never allowed to kiss the graduate student, only that on this occasion* she told him that she couldn't reciprocate. Of course, this passage clearly suggests that she never wanted him to kiss her and, therefore, it's natural to conclude that, according to her, she never had consensual sex with him. But, strictly speaking, nothing in the article implies that. What find really puzzling is that, at the same time, the article explicitly says that, according to Ludlow, they had consensual sex. So, if Wilson asked the graduate student whether she denies it and if she told her that she does, it's difficult to understand why she didn't explicitly report that in the article and instead chose to vaguely suggest it by writing about this incident on the balcony. Reply June 19, 2015 at 04:45 8 anon 4:56 said... Correction, the disputed word in Kipnis's article was \"dated\" (later changed to \"allegedly dated\"). So guess much turns on what we take that word to mean. Both Ludlow and the student describe multiple dinners and late night sleep overs, which sure sounds like dating. At the same time, she makes it seem like that was done under duress and with a sense of obligation to placate him (and her account sounds plausible to me, for what its worth). In any case, I'd say Kipnis is vindicated but not Ludlow. Reply June 19, 2015 at 04:46 9 Colleen said... It's not mentioned in the piece, but let's not forget Heidi Howkins Lockwood's role in this--submitting, and then reporting the existence to the Daily Nous of, an affadavit that reports many rumors and names the students involved. It appears Lockwood did this as a gesture of frustration, but it's had profound effects on the participants. Reply June 19, 2015 at 05:25 10 anon 4:20 said did not claim or imply that the grad student acknowledges having had consensual sex with the professor. To the contrary claimed that the grad student seems to believe that (apart from the alleged rape) any \"sexual relations between them weren't and couldn't be truly consensual,\" given the \"power\" differential. I'm at a loss as to how what wrote could be so hard to understand. Presumably, the reason the grad student gives no straightforward answer about whether she and the professor ever had \"consensual\" sex is that there is no uncontroversially straightforward answer: there is supposed to be a gray area between not truly consensual sex (viz., 3/15/25, 11:34 Leiter Reports Philosophy Blog article on Peter Ludlow and the Northwestern graduate student 2/23 professor \"used his position to take advantage of her,\" which surely isn't about a kiss between grown people in the Western world) and plain rape (e.g., of the kind she alleges happened on one occasion). Reply June 19, 2015 at 06:15 11 Anonymous said... In response to Ned Block's question, if were the graduate student wouldn't answer that question given that denying his account that they had consensual sex might provoke another lawsuit. Regarding the affidavit, the link to Daily Nous regards primarily a faculty response to the affidavit, and then includes statements from others, including Lockwood, as updates. It's unclear that Lockwood is the one who did anything more than pass it on to the attorneys. Once it began public record, of course, other parties would have had access to it. Reply June 19, 2015 at 06:49 12 Philippe Lemoine said... Anon 4:20, since we seem to be talking past each other, let me put it another, clearer way think anyone who read your original comment but not Wilson's article would have concluded that, in that article, the graduate student admits that she had sex with Ludlow before or after the alleged rape just wanted to make clear that she did not, but that she also didn't deny it and that there is no indication that Wilson even asked her the question, even though the article explicitly says that Ludlow claimed that his relationship with her involved consensual sex. (And, since he apparently denied that he was even with the graduate student on the night when he allegedly raped her, he must be talking about something else.) This is what I, and gather Prof. Block, found really puzzling about the article. That being said agree with you that a plausible interpretation of this puzzling fact about the article is that, in addition to the alleged rape, Ludlow had sexual relations with the graduate student which, while she doesn't think qualify as rape, she nevertheless doesn't regard as really consensual either for the reasons you mention. Reply June 19, 2015 at 07:13 13 Philippe Lemoine said... Anonymous, even if your hypothesis was correct, it wouldn't explain why Wilson didn't mention that she asked the question to the graduate student and that she refused to reply. But, perhaps more importantly, this hypothesis strikes me as rather implausible. In Wilson's article, the graduate student contradicts Ludlow's account of her relationship with him on several other points, so we'd have to assume that although she wasn't afraid to contradict his account on those points she feared a lawsuit if she denied this particular claim. But it's really not clear to me why this would be the case. Reply June 19, 2015 at 07:44 14 Outside Observer said am steadfastly trying to remain as agnostic as can on the underlying charges and counter charges in this case. But do find the \"conversation\" below rather striking take it to suggest that neither the graduate student and nor Ludlow is fully owning up to her/his own agency in this sordid and ugly affair. Each seems now to be telling a somewhat self-serving version of events for public consumption would be unwilling to believe either of them or take their statements at face value now without extensive \"cross- examination,\" as it were. (Though why either is choosing to speak, leaves me somewhat mystified basic human hunger to be heard guess.) First the \"conversation.\" \"Over the next several weeks, he and the graduate student continued to exchange text messages. He shared some of them with The Chronicle thought could choose,\" she wrote in one conversation. \"\u2026 Instead just felt like was flipping back and forth wish it was really obvious and easy. But it\u2019s not. And don\u2019t want to hurt anybody just don\u2019t know what want.\" After that, their relationship slowly unraveled, ending for good in January 2012. Just before that, in late December, the two had a prophetic exchange over Google Chat in which they discussed their fears over how their relationship might be viewed by others. The conversation began because the student believed that Mr. Ludlow might have confided in a prominent philosopher. Student: \"Do you understand how devastating rumors about me having an unprofessional relationship with one of my advisers could be? Did you give [him] a reason to think that our relationship was anything more than professional?\" Mr. Ludlow lied to him and said we don\u2019t have a romantic relationship have as much to lose as you do.\" Student: \"You already have a career. Mine could be over before it even begins if my credibility is shot at this point. You can\u2019t lose your job.\" 3/15/25, 11:34 Leiter Reports Philosophy Blog article on Peter Ludlow and the Northwestern graduate student 3/23 Mr. Ludlow: \"Watch it happen if you go to the admin.\" Student: \"You know don\u2019t have a dishonest bone in my body could never do that to anybody.\" Mr. Ludlow says the exchange validates his assertion that the two had a romantic relationship. The graduate student says she simply decided not to challenge him on his interpretation of their relationship. What she was most concerned with, she says, was what he was telling others wasn't trying to go to war with Peter Ludlow just wanted it to be over wanted out,\" she says let an impossible situation get out of hand.\"\" Without choosing sides will say that they each seem to me to have exercised extraordinarily bad judgments -- like monumentally bad. First her. One gets the impression from this conversation that the graduate student was deeply torn -- that she both wanted and didn't some sort of a relationship with Ludlow. And whether they regularly had consensual sexual intercourse as he asserts and she denies, she does at least seem to have both invited and resisted a certain degree of intimacy with him. Her motives seem partly related to her career ambitions, perhaps partly related to self-doubts and uncertainty about her standing in this admittedly difficult to find your way in profession of ours. Perhaps she was to some extent \"intoxicated\" by the combination of his standing and attention and power. But even if intoxicated, she does indeed seem to have been troubled -- perhaps deeply so -- by the fact that she somehow got herself into this mess. She could not bring herself to whole-heartedly endorse her own actions. It certainly makes sense to me that under those circumstances, she wouldn't want to be open about their fraught relationship. That seems an authentic and perfectly comprehensible concern. She was not insane or paranoid to worry that if known it might affect her credibility and standing. And she definitely was not, in my mind, insane to want out of it. Why exactly she felt powerless, if she did, to get out of it, is not entirely clear from reading this. This is the part where she most seems to me to not be fully owning up to her own agency. Now him. Ludlow, for his part, seems to me to be sort of willfully and conveniently blind to the potentially intoxicating effect of his position and power and prestige. I'm sure he greatly enjoyed the benefits of that intoxicating effect, even if he could not fully acknowledge to himself that it was merely a form of intoxication that probably drew her to him in the first place. How debilitating that would be, no guess don't really know that his blindness was fully willful at the time, though, He could just be in deep psychic denial about that matter after the fact -- a sort of late coming defense mechanism. But something caused him not to fully appreciate or acknowledge that any graduate student in her position would feel such a swirling welter of emotions and motives and be deeply torn. Despite saying that he understands what she has to lose, he clearly did not fully empathize with the plight he had helped her to get in. Indeed, he seems to have been deeply frustrated by her indecision. He has a very self-regarding reaction, it seems, that again, betraying a certain blindness to his part in all this, and also to the deeply problematic nature of it all for her. Does that make him a sexual predator in this situation? That's a somewhat complicated question think. But it sure is not something to admire in him, whatever exactly he deserves to be called. (And again, without a lot of cross-examination of both of them, I'd be unwilling to call either of them anything except foolish, at the moment have to said that both their judgments strike me as so monumentally bad, so clouded by power, prestige, self-doubt and sex, that they help make the case for me that Universities that ban these sort of relationships are perhaps doing the right thing after all have to admit that my first reaction, when my university did this, was a little bit along the lines of Laura Kipnis -- not quite extreme as hers, since think that University's have an obligation to make themselves safe places for students - places where students are relatively shielded from some of the forces that operate in the real world -- places where the allure of tempting but monumentally bad choices is greatly lessened.) This kind of case shows that even fully grown up adults may need to be protected from their own propensities to let their judgment be clouded by the very powerful mix of sexuality and power. And it's not just about protecting the potential participants to these acts from themselves -- it's about protecting the broader community acknowledge that in the real world the tempting allure of really bad choices remains as strong as ever. But universities aren't the real world. They are mere training grounds for the real world. And that's an important difference. But enough of that. Reply June 19, 2015 at 08:21 15 Ned Block said... Both Ludlow and the grad student must have put conditions on being interviewed since they are both involved in the legal cloud that surrounds this case. Robin Wilson is a competent journalist, and those two facts together suggest that Robin Wilson was not allowed by the grad student to report any response on the part of the grad student to the question of whether she had consensual sex with Ludlow. And that prohibition suggests that anon 4:20 and Philippe Lemoine are right that as Lemoine said, \u201cin addition to the alleged rape, Ludlow had sexual relations with the graduate student which, while she doesn't think qualify as rape, she nevertheless doesn't regard as really consensual either\u201d because of the power imbalance. 3/15/25, 11:34 Leiter Reports Philosophy Blog article on Peter Ludlow and the Northwestern graduate student 4/23 Reply June 19, 2015 at 09:17 16 Derek Bowman said have not had a chance to read the paywalled article, but would encourage the participants in (and host of) this conversation to reconsider the wisdom of trying to publicly adjudicate the precise nature of Ludlow's relationship with the grad student based on the quotes from the CHE. Does the article really give enough information to allow you to reliably make such a determination? Who benefits from this kind of armchair analysis? Setting aside your views of this particular case - what message do you think this discussion sends to victims of sexual assault or sexual harassment? Reply June 19, 2015 at 10:52 17 rihanna said in reply to Ned Block... and whats your opinion regarding teachers having sex with students, as romantic as the teachers always claim it is am interested. Reply June 20, 2015 at 06:35 18 Elizabeth Harman said read the article as saying that the graduate student claims there was sex on exactly one occasion, the occasion on which she says she was raped. I'm really puzzled by the conversation above. Reply June 20, 2015 at 07:56 19 Anonymous said... Elizabeth, I'm puzzled too (in no small smart because expect some of the philosophers above to be better at knowing when, and when not, one is in a position to make inferences want to second Derek Bowman's comment. Reply June 20, 2015 at 10:00 20 moveon said... Really? Are we still trying to figure out the whole Ludlow affair? I'm sorry--well, no I'm not--but find it distressing that people as smart as philosophers are so clueless about human nature that they think they can read these articles and reliably conclude much of anything substantive regarding what happened or what the feelings involved were. Don't you know how people stretch the truth and lie about matters like this--even to themselves? That they inevitably omit crucial details--and don't realize that they are doing it even upon reflection? And don't you know how much easier it is to do all this when one is highly intelligent and creative, as the parties involved certainly are? Have you been living under a rock your whole adult life? Perhaps you have talked one-on-one with some of the parties involved. Nope: that still doesn't give you much reliability. Just embrace your ignorance here and move on to do more important things regarding the issues involved. Reply June 20, 2015 at 10:08 21 Response to Elizabeth Harman said... Elizabeth Harman, I'm trying to read the story your way, but it's just not gelling. On your reading, if I'm getting you, the two of them struck up an intense relationship that involved kissing and spooning and sleeping in the same bed but never involved having sex until the fateful night when she says he had sex with her when she was passed out (and he says he went to a hotel and left her there). So far, so good. People can agree to sleep together chastely. But if had been in her position as you envision it, and then realized one morning that the man had been chastely sleeping with in a no- sex relationship had grossly violated my consent and helplessness while was blacked out would have freaked might have reported it immediately might have just started screaming at him might have made a hasty exit from the apartment, my mind racing, and then felt a cold numbness and confusion at what had just been done to me. But would definitely see it as an immense betrayal of my trust and the relationship (and yes, she calls it a relationship). This wasn't, on your story, even someone had been having sex with, and the fact (on your account) that had been sleeping with this person regularly for months after \"late late late nights\" together would seem to entail a clear 'no sex' understanding, making the violation all the more serious. 3/15/25, 11:34 Leiter Reports Philosophy Blog article on Peter Ludlow and the Northwestern graduate student 5/23 But this interpretation of her words doesn't match the detail that the relationship \"slowly unravelled, ending for good in January\" after the incident in November. And how does this reading square with what she wrote to him in a text message after the night in question thought could choose,' she wrote in one conversation. '\u2026 Instead just felt like was flipping back and forth wish it was really obvious and easy. But it\u2019s not. And don\u2019t want to hurt anybody just don\u2019t know what want.'\" If they had been having an agreed-upon nonsexual relationship and he suddenly took advantage of her passed-out body without her awareness, presumably her messages to him, if any, would have said \"What the hell is wrong with you? How can you have done such a thing? You monster!\". But instead, she explains the ending of the relationship as one of her own crisis of deciding between him and her boyfriend. Perhaps the idea is that she was so terrified of him for some reason that she hid or suppressed her true feelings of outrage and presented to him a masking rationalization for the breakup in order to avoid his wrath. But this doesn't work as an interpretation. She says this to the journalist just wanted it to be over wanted out,' she says let an impossible situation get out of hand.'\" Maybe she means that she had started having a flirtation with him and it had progressed to a full-blown relationship that she was carrying on while being involved in another relationship with her official boyfriend in another city, which got more and more difficult to deal with. But could she mean that they had been having a sex-free relationship and that he had out of the blue violated her consent by raping her passed out body? How is that a case of her letting an impossible situation get out of hand? Wouldn't she have then just told the reporter something like felt horribly violated by what he had done, and couldn't believe that a man had respected would betray my trust like that?\" At the time she's talking to the reporter, Ludlow has no power over her at all, and certainly no ability to help advance her career. He's lost his job and reputation over this. She has no reason to disguise her true feelings out of fear of losing his professional support. So if your interpretation of the story is correct, Elizabeth, then she's saying things it just doesn't make sense for her to say. That's why it seems way more plausible to take from this that they had had a consensual sexual relationship up to whatever crisis occurred in November. Reply June 20, 2015 at 10:09 22 said... Like Elizabeth Harman, I'm puzzled by the content of the conversation above. And like Derek Bowman, I'm morally repulsed by the existence of most of the conversation above. Perhaps this is a minority position here and doesn't accommodate the proclivities of philosophers like Ned Block and Philippe Lemoine, but my list of things professional and morally decent people spend their time doing does not include publicly speculating and hypothesizing about alleged sexual relationships between two real people in my profession, especially when one of them claims to have been deeply harmed both by this relationship and public discussion of it within her profession. (Is this irrelevant to the actual claim of rape? Perhaps it's just as irrelevant as Block's, Lemoine's, and others' public speculations about consensual sex COMMENT: This shall be the last of the expressions of moral indignation that a discussion about something that has been widely discussed, usually to the detriment of the accused, is being discussed yet again with an eye to whether the accusations were fair. Reply June 20, 2015 at 10:21 23 anon said in reply to Response to Elizabeth Harman... Let us all please do our best to exercise some epistemic humility here. What is like to be a first year graduate student courted intensely by an older male authority in your own department? What is like to feel completely in over your head? And powerless even to understand exactly your own agency? So then: \"But if had been in her position as you envision it, and then realized one morning that the man had been chastely sleeping with in a no-sex relationship had grossly violated my consent and helplessness while was blacked out would have freaked ....\" Yes, you might. But then again, you might not. Do you really know what goes on in the mind of a woman involved in a relationship she can't extricate herself from, that she feels trapped by doubt it. So stop with the hypotheticals. Reply June 20, 2015 at 10:23 24 Anonymous said in reply to Response to Elizabeth Harman... The person who wrote comment #21 would do well to familiarize themselves with the huge amount of research already available on reactions to trauma, with narrative accounts from victims of sexual assault, and the general inability of persons to predict in advance how they would react to events not previously experienced. This kind of comment is the kind of reaction that victims of sexual assault (and, indeed, other kinds of trauma as well) having been struggling with for decades. When someone is sexually assaulted, very often they do not react as one would imagine they would if you have not experienced it yourself. 3/15/25, 11:34 Leiter Reports Philosophy Blog article on Peter Ludlow and the Northwestern graduate student 6/23 Reply June 20, 2015 at 10:25 25 Anon said... The implication in the following passage is the sort of sexist thing that is often said in discussions over accusations of rape that occur within a relationship or between friends. But if had been in her position as you envision it, and then realized one morning that the man had been chastely sleeping with in a no- sex relationship had grossly violated my consent and helplessness while was blacked out would have freaked might have reported it immediately might have just started screaming at him might have made a hasty exit from the apartment, my mind racing, and then felt a cold numbness and confusion at what had just been done to me. But would definitely see it as an immense betrayal of my trust and the relationship (and yes, she calls it a relationship). This wasn't, on your story, even someone had been having sex with, and the fact (on your account) that had been sleeping with this person regularly for months after \"late late late nights\" together would seem to entail a clear 'no sex' understanding, making the violation all the more serious. But this interpretation of her words doesn't match the detail that the relationship \"slowly unravelled, ending for good in January\" after the incident in November. And how does this reading square with what she wrote to him in a text message after the night in question: No, no, no. When someone is raped, they sometimes stay in the relationship, especially if the person has power over the rape victim. And the victim may still continue to act in loving ways, expressing concern and love. Heck, they may even continue to feel some love for their attacker. They might even be wrestling with questions about whether they deserved the rape. Thus, a victim's behavior in the relationship after a rape is not evidence of any weight that the rape did not occur. It is a deeply sexist idea to think that never freaked out or never did such and such, so it is unlikely that was raped. Reply June 20, 2015 at 10:30 26 anon 4:20 said in reply to Elizabeth Harman... The student explicitly specifies sex only on the one occasion of the alleged rape. But this is not what she implies -- and the long article contains more than enough information, unfortunately, to reasonably draw this conclusion. Indeed, given the rape claim, the student would have every reason to state explicitly that the only sex that ever occurred was the alleged rape. What's puzzling is that people with common sense are expected not to recognize a transparent attempt to create some mystery about whether there was a complicated (and unprofessional) sexual relationship -- that we're supposed to suspend belief until the fairly obvious is explicitly confirmed by both parties. Reply June 20, 2015 at 10:40 27 Anonymous said... Derek Bowman agree that it would be better if none of us tried to adjudicate what was going on in the Ludlow/grad student situation and let it be the confidential process that the whole thing was set up to be. But it's too late for that now precisely because people already started that adjudication on the other side the minute the matter was publicized and people started giving their opinion that Ludlow was guilty and judging him. To make that judgment is precisely to conclude, on the basis of the evidence we have, what did and didn't happen in the case. And to make a public judgment that he is guilty or even likely guilty is to invite a fair response that he is not guilty or unlikely to be guilty, if people sincerely read the evidence some other way. It seems we have three options for dealing with these situations. The first option is for none of us to discuss these cases at all and to leave them in the hands of the confidential process most universities already have in place, keeping our discreet silence except to the extent that we are legitimately involved in those processes. The second option is for us to discuss and make judgments based on the official rulings on these cases, and nothing else. If we learn that someone is found responsible of sexual harassment, we can blame the person but not speculate on the background; and if we learn that someone is found not responsible, we remove the person from suspicion. But we discuss it no further. The third option is what we're doing now: we hash out all the details on blogs and elsewhere in the mass media think this is the worst option. But if someone starts off the process with an interpretation of what happens and a judgment of an individual or of the whole discipline, then fairness demands that the other side be made as well. What we can't have is people spreading reports, stories and documents accusing named people of impropriety, encouraging others to protest, and defaming the person in all sorts of ways while nobody is free to respond to this. Not only is it grossly unjust, but it's completely 3/15/25, 11:34 Leiter Reports Philosophy Blog article on Peter Ludlow and the Northwestern graduate student 7/23 unreasonable to expect anyone else to play by those rules. My preference is for the first or second option. Let's do our jobs, report misdeeds to the proper authorities, abide by the principles of confidentiality that make life easier for all involved, and otherwise keep ourselves out of other people's business and stop making philosophy into a public soap opera (which is doing terrible things for our reputation and prospects as a publicly supported discipline). But if people put up articles saying that is likely to be a sexual harasser and we should all protest X, and providing details and quotes about what allegedly did, then all this tawdry stuff follows pretty quickly. It's the choice we make when we publish stuff like that and the rest of us don't tell the publishers to take it down and mind their own business. Reply June 20, 2015 at 11:39 28 Anonymous said... \"What we can't have is people spreading reports, stories and documents accusing named people of impropriety, encouraging others to protest, and defaming the person in all sorts of ways while nobody is free to respond to this. Not only is it grossly unjust, but it's completely unreasonable to expect anyone else to play by those rules.\" It may be worth remembering that the allegation of rape was not public until Ludlow himself filed suit. It was his legal complaint that made the existence of that internal complaint publicly known. Reply June 20, 2015 at 12:30 29 said don't pretend to know what happened in this case. But second Derek Bowman's comment that dissecting this in this way on a major professional blog is not sending a good message to women who have been sexually harassed or assaulted by colleagues or superiors. There's a reason people already don't report this stuff when it does happen. It won't help, to have a norm of extensive hyper-skeptical public examinations (exactly how much sex did they have and under what circumstances? did she say the right things afterward? why is she being so evasive? etc.) in major professional venues. Yes, as philosophers we're meticulous people and want to nose out every detail or possible contradiction... but it's a bad model to apply in our profession's public discourse about sexual assault allegations. Contrary to many people's hypothetical guesswork about how they would act if they were raped by an acquaintance or partner (or supervisor!), rape victims frequently try to maintain a semblance of normalcy and will often continue a relationship or make a show of being friendly with their attacker after the fact. \"Pretending that everything is fine\" is one of the recognized stages of a typical course after a rape. How much more so if the attacker were someone who held professional power over you? ( Just out of interest, here's a presentation by the psychologist Rebecca Campbell at Michigan State, talking to law enforcement about how misconceptions similar to these about how rape victims \"should\" act contribute heavily to victims not reporting to police, and to police not believing them and declining to pursue cases. Suffice it to say, armchair quarterbacking what a victim \"should\" do isn't likely to help us get at the truth of a given case, it's much more likely to mislead us into unwarranted skepticism. ) We should keep in mind that these conversations are sending messages -- to prospective students, to junior people and senior people, to rape/harassment victims at all levels, and to rapists or harassers at all levels -- about how the profession treats allegations like this COMMENT: What is being discussed is an article in about this case, for which both the accuser and the accused were interviewed at length, thus putting the entire matter into the public realm. Fortunately, most such allegations of wrongdoing do not end up in or the Huffington Post. Reply June 20, 2015 at 12:51 30 Anonymous said... \"It may be worth remembering that the allegation of rape was not public until Ludlow himself filed suit. It was his legal complaint that made the existence of that internal complaint publicly known.\" That's incorrect. It was not Ludlow, but the undergraduate student who brought this to the public's attention. The undergraduate first complained about Ludlow to Joan Slavin at Northwestern. Ludlow was stripped of his chair as a consequence, but he kept silent about it. Then, in February 2014, the undergraduate became unhappy that Northwestern had not done much worse than that to Ludlow. She sued him, and she sued Northwestern. 3/15/25, 11:34 Leiter Reports Philosophy Blog article on Peter Ludlow and the Northwestern graduate student 8/23 Later, in June 2014, Ludlow sued the student. Quoting from the Chicago Tribune article: \"The allegations against Ludlow first surfaced earlier this year when an undergraduate student sued him.\" ( slavin-sexual-harassment-policy) Reply June 20, 2015 at 01:03 31 Anonymous said... Another point in the Chicago Tribune article that deserves attention but seems to have been lost in the shuffle: 'According to the suit, Ludlow provided the investigator a receipt showing he had stayed at a hotel on the night of the alleged \u201cnon- consensual encounter\u201d' harassment-policy Reply June 20, 2015 at 01:05 32 anonymouse said... This entire discussion is baffling thought it was obvious, upon reading the article, that the two definitely had a sexual relationship of some kind, and whether or not said relationship can accurately be described as 'romantic' or 'truly consenual' is up for debate (Ludlow saying yes, grad student saying no) as well as the single alleged instance of rape. When was a grad student long ago know had conversations with other grad students about which professors, if any, we found attractive. Same thing as an undergrad. Obviously the professor has some kind of responsibility to not allow anything to happen and clearly this is where Ludlow failed, repeatedly. This just seems like an average relationship gone wrong (as happens to relationships), where one party has the power to accuse another and the other doesn't have the adequate channels of telling their side of the story. Thus the importance of -- which various people have been shouting from the rooftops all along, but has been suppressed due to the heavy handed moderation of most philosophy blogs. This really just goes to show the perils of GOSSIP, which this entire blogosphere situation has been from the start. Frankly it's laughable that many of the same channels are shouting GOSSIP' now because the information coming out vindicates Ludlow rather than the grad student. Hence the silence on and and NewApps. It's obvious that Ludlow made some pretty terrible choices, many of which show that he didn't consider the grad student's well being. But it seems like the grad student made some pretty terrible choices (it's possible to both make terrible choices not be responsible for your own rape). Just people making terrible decisions across the board, as people often do. Let's not continue to peddle the hyperbolic predator- prey narrative, at least in this instance. There are some known chronic sexual predators, but that's another story. Reply June 20, 2015 at 01:29 33 Jan Dowell said... I'm puzzled by Ned Block's remark above, which seems to suggest that the sexual history of Ludlow's accuser is in some way relevant to her accusation against him would have hoped that by now most folks recognize that an accuser's sexual history is never relevant to the assessment of a rape accusation. Given how misguided the question's apparent presupposition is, I'm loathe to address it. But the victim is a close friend of mine and am also loathe to leave completely unanswered grotesque speculation about her very personal history in a very public forum for all who share a profession with her to read invite the prurient among you to remember that Ludlow's accuser is trying to maintain her privacy about a story that is hers to tell or not tell would also remind you that Ludlow has already sued her for defamation. His suit was dismissed, as would be any further suit, I'm confident. But even clearly winnable lawsuits are expensive and time-consuming. It's not hard to see why a graduate student might especially want to avoid one filed by a professor in her own field. Given the high cost to her of rebutting his claims wonder why so many are assuming that her silence indicates affirmation also wonder why so many are taking at face value the word of a man whose university has found against him and in favor his accuser. Ludlow has a lot to lose. So far, she has been vindicated. So, why the rush to judge her COMMENT: Even as a matter of law, an accuser's sexual history is sometimes relevant to defending against an accusation of rape. It is also not correct that her accusation of rape has been vindicated, though, according to the report, Ludlow was found guilty by the 3/15/25, 11:34 Leiter Reports Philosophy Blog article on Peter Ludlow and the Northwestern graduate student 9/23 University of sexual harassment of the graduate student am taking a heavier hand with moderation, as some individuals are engaging in too much speculation about the parties involved. Reply June 20, 2015 at 02:04 34 Anonymous said in reply to Anonymous... In response to Anonymous at comment #30, note that said the allegation of rape became public through Ludlow's own suit. That is true and what you cite does not contradict it. There are two separate students who made allegations, and what you cite is how the other students allegations became public. Reply June 20, 2015 at 03:06 35 Jan Dowell said did not say that the rape accusation has been vindicated said that the university found against him in favor of her. And was not addressing the issue of the legal relevance of an accuser's sexual history, but it's actual evidential relevance. My claim is that reasonable people recognize that an accuser's sexual history is evidentially irrelevant to the question of whether or not they have been sexually harassed or assaulted COMMENT: You said the student had been vindicated, and Ludlow had not been, but this was not entirely accurate in the respect noted, which you now concede. Because of due process concerns, evidence law recognizes that sometimes an accuser's sexual history can be relevant and must be admissible in adjudicated an allegation of rape. In doing so, the law is quite reasonable as well. Reply June 20, 2015 at 03:06 36 Brian said... Those curious about the legal relevance of past sexual history of an accuser with the accused may see (412)(B)(1)(b): The premise behind this reasonable exception is that past sexual relations between an accused and accuser can be probative of consent. There are additional, though relatively rare, circumstances in which the rape shield rules that ordinarily prevent admission of evidence of the accuser's sexual history are waived for due process reasons. Reply June 20, 2015 at 03:16 37 Anonymous said... Many people seem to believe that the graduate student complained that Ludlow committed rape by having sex with her against her wishes while she was passed out drunk, and that Northwestern, in finding that Ludlow had violated Northwestern's sexual harassment policy, vindicated her claim that she had been raped. But we can see from the article that this is not what happened. Quoting from the article: \"Northwestern determined that [Ludlow] hadn\u2019t violated its policy prohibiting professors from dating students they supervise. The graduate student had not taken any classes with him, nor had the annual review of graduate students by the department occurred, so Mr. Ludlow hadn\u2019t offered any formal opinions of her work. Northwestern did find that Mr. Ludlow had violated its policy on sexual harassment. By virtue of his position as a professor, it said, he had taken advantage of the unequal relationship between him and the student and had courted her by offering her expensive dinners and other social benefits she would otherwise not have had. In doing so, the university found, Mr. Ludlow had used his position as a faculty member to exert pressure on the student to engage in an intimate relationship that had negatively affected her academic performance.\" So the finding against Ludlow, it seems, had nothing to do with any allegation of rape. It had to do with an apparent violation of the Northwestern policies on sexual harassment that came about because Ludlow, in courting her, offered her expensive dinners and other social benefits, and because this relationship had negatively affected her academic performance. Perhaps it's a good thing for universities to have sexual harassment codes that prohibit that. But that's a very different thing than rape. If these were sufficient conditions for rape, all sorts of absurd consequences would follow. It's very common for relationships to involve unique opportunities for the participants. Having a relationship with might give me a unique opportunity to hang around with P's family, stay in P's apartment, and have sex with P. If my being in that relationship leads in some way to my getting distracted or depressed and doing worse at school, that wouldn't make it rape. I'm trying not to be too restrictive in using the term acknowledge that force or the threat of direct physical force might not be necessary for a sex act to count as rape. If someone claims or implies that something terrible will happen to or someone cares about if does not have sex with that person, then I'm happy to count that as an instance of rape. Maybe we could even stretch the term to cover a few cases in 3/15/25, 11:34 Leiter Reports Philosophy Blog article on Peter Ludlow and the Northwestern graduate student 10/23 which has sex with R, knowing that not having sex with would leave in a comparatively undesirable position that is in no way R's doing. But even here we need to be careful. If S, who earns a low but decent amount of money, marries T, who has more money, and they have sex within that marriage, then it doesn't follow that has thereby raped S. But this case is beyond even that have no idea who the grad student is, but by the sounds of it she's a promising philosophy student. There's no indication here that Ludlow suggested, or that she believe, that having sex or romance with Ludlow would be her only way to have a decent or even a good life. To call a situation like that rape is madness. Let's keep that separate from the very different accusation that Ludlow had non-consensual sex with the student while she was passed out in his bed. That's obviously a much more serious accusation, but two things are noteworthy. First, it seems that Ludlow produced a hotel receipt indicating that he stayed at a hotel that night, not at his home. And second, the finding of Northwestern does not say anything about that accusation. So there are two things we have to keep separate. There's the charge of sexual harassment, but not rape, that Northwestern found he was responsible for because he had a relationship with a non-student who was thereby afforded unique dining and social opportunities, but which caused her grades to falter. And there's also an accusation of rape, which doesn't seem to be substantiated and which Ludlow seems to have evidence against COMMENT: Just to be clear did not read anyone as claiming that the scenarios you describe should or could constitute \"rape.\" Reply June 20, 2015 at 03:37 38 Philippe Lemoine said don't see where I, Prof. Block or anyone else for that matter have claimed or even suggested that, if Ludlow and the graduate student who accused him of rape (let's call her 'G') had consensual sex before or after the alleged rape, then he couldn't have raped her. As far as I'm concerned, if wanted to discuss that aspect of the case, it's not because want to speculate about whether it's true that Ludlow raped G, which indeed have never done. The reason why wanted to discuss this point is because think it's relevant to the way in which the complaint against Kipnis was justified by the students who filed it and the people who supported what they did. Indeed, the students who filed the complaint against Kipnis claimed that it was because her article contained factual mistakes, the most important of which being that she wrote that Ludlow and used to date. The only support that was offered for the claim that Kipnis made factual mistakes in her article was the letter sent to her by Pogin. In this letter, Pogin didn't say that Ludlow and never dated or even that denied that she had previously been dating him, but only that she had never confirmed or denied it in a court of law think Wilson's article makes clear that, unless one accepts a highly controversial notion of consent, Ludlow and had indeed been dating at some point. The fact that, as have argued, it seems likely that Ludlow and had sexual relations before or after the alleged rape is clearly relevant to that point. Now have argued elsewhere that, based on Ludlow's complaint, Kipnis had very good reasons to think so even at the time when she wrote her original piece. Moreover, the highly controversial notion of consent which might allow one to deny that Ludlow and were dating is precisely one of the things she was rejecting in her article, so it seems totally unfair to claim that what she wrote was inaccurate. But what want to point out here is that, regardless of whether I'm right about that last point, Pogin and the graduate student who filed a complaint against Kipnis must have known that, when Kipnis wrote that Ludlow and used to date, what she was saying is something that most people would regard as true based on the information that are revealed in Wilson's article. In fact, it seems highly plausible to me that, if Pogin didn't say that never dated Ludlow but only that she never confirmed or denied it, it's precisely because she knew that. This strikes me as rather disingenuous, to say the least, so I'm getting tired of receiving moral lessons from people who don't seem to be bothered by that or, for that matter, by the way in which so many people are more or less explicitly assuming that Ludlow is guilty when they have no way of knowing that don't hear a lot of indignation when Ludlow is being dragged in the mud despite the fact that, for all we know, he might be innocent. I'm not the one who brought up the issue of whether Ludlow used to date G, it's Pogin and the student who defended his/her complaint against Kipnis on Daily Nous who did. If you think my arguments aren't good, then please explain why or don't say anything. And stop talking as if you had the moral high ground here, because you clearly don't. Reply June 20, 2015 at 03:48 39 History Prof said... The reason the details of the relationship between the grad student and Ludlow are relevant--and yes, this would include the question of whether or not they had consensual sex--is because an accuser\u2019s credibility, judgment, and the accuracy of her self-reporting are relevant. Since filing the complaint against Ludlow--two years after the events in question; after apparently being strongarmed into it by her advisor-- the grad student has filed four other increasingly specious Title complaints: against Kipnis, Northwestern President Morton Schapiro, Kipnis\u2019s faculty support person (for discussing the Title complaints at a Faculty Senate meeting), and finally, yet another 3/15/25, 11:34 Leiter Reports Philosophy Blog article on Peter Ludlow and the Northwestern graduate student 11/23 round of charges against Kipnis for possibly having supporting her faculty support person. (Kipnis revealed this on Facebook when announcing she\u2019d been cleared of the first set of charges.) When a complainant is this cavalier about filing charges against others, and deploying the Title process as a personal cudgel, then raising questions about her history and motives is indeed warranted. Reply June 20, 2015 at 04:10 40 Anonymous said in reply to Philippe Lemoine... Has it occurred to you that it's possible Pogin was careful in how she phrased things because she herself might have been concerned with being threatened with a lawsuit given how many have already taken place? If you wonder if she was being disingenuous, have you contacted her to ask about it? Reply June 20, 2015 at 05:04 41 Anonymous said... 40, are you suggesting that if you suspect someone is being dishonest, you should just contact the person and say, \"Hi! Listen, are you being honest?\" and then you'll have your answer? Reply June 20, 2015 at 05:29 42 Anonymous said in reply to Brian... The article describes one physical interaction of a sexual nature that took place before the alleged rape. That was not consensual sex, but rather a kiss, which according to the article, the student responded to by telling him that she could not reciprocate. Whether or not past sexual history can be probative of consent, it is not at all clear that the circumstances under which it would be so are at play here. Reply June 20, 2015 at 05:34 43 Anonymous said in reply to Anonymous... 41, no -- but would suggest that if you want to say you're tired of others trying to claim the moral high ground it might be a start before you question students publicly on a prominent blog within their profession regarding matters which there is a fair chance they cannot respond to publicly in full without potentially being sued by someone who has already sued several parties and sent out even more notices of intent. Reply June 20, 2015 at 05:40 44 Onionymous said... 42, \"The article describes one physical interaction of a sexual nature that took place before the alleged rape.\" The article states, \"Mr. Ludlow denies that accusation, saying they regularly had consensual sex and had even discussed marriage.\" 42, \"That was not consensual sex, but rather a kiss, which according to the article, the student responded to by telling him that she could not reciprocate.\" The article states, \"... she says ... Mr. Ludlow kissed her\" and \"Mr Ludlow says the graduate student kissed him first\". Reply June 20, 2015 at 06:33 45 Philippe Lemoine said... Anonymous, it has indeed occurred to me, but find the idea that Pogin chose to phrase her letter in that way because she was afraid that Ludlow might sue utterly implausible. However don't even want to press that point (although, if you insist can), so let's grant, for the sake of the argument, that it's why she didn't say that denied that she used to date Ludlow even though, in fact, she did think it's clear that, after reading Wilson's argument, the immense majority of speakers of English - who don't have the unusual notion of consent that seems to have - would agree that and Ludlow used to date. (Again, if you really insist can go into details here, but really don't think that we need to do that.) It is also clear, for anyone who has read Kipnis's original piece, that she rejects what seems to be G's notion of consent. Moreover, it's hard to believe that, when she wrote her letter, Pogin didn't know all that. So, even if you were right that Pogin phrased her letter in the way she did because she was afraid that Ludlow might sue her (which again find extremely implausible really don't see how it would be any less disingenuous of her to suggest that Kipnis made a factual mistake by saying that Ludlow used to date when she must have known that it was true, at least by the reading of any normal - in the statistical sense - speaker of English. Reply June 20, 2015 at 06:35 3/15/25, 11:34 Leiter Reports Philosophy Blog article on Peter Ludlow and the Northwestern graduate student 12/23 46 Anonymous said in reply to Anonymous... 42, No, the article does not describe \"one physical interaction of a sexual nature that took place before the alleged rape.\" From the article: \"Over the next couple of months, the graduate student and Mr. Ludlow agree, they grew close. They ate out together almost every night when they were both in town, and then spent the rest of most evenings at his apartment. He says they had pet names for each other: He called her \"Spoon\" because the first night she spent at his place, she asked if he could \"spoon\" her while they slept, he says. She called him \"1,000 Angels,\" in reference to Tina Fey\u2019s character in 30 Rock, who said she was so happy she was \"high-fiving a million angels.\" (The graduate student says the term was a joke and didn\u2019t mean anything to her don't know about you, but even if you want to assume they didn't have intercourse, their relationship was highly physical for the duration. The grad student and professor interactions that know about most certainly don't involve cuddling. You're grasping at straws. Reply June 20, 2015 at 06:43 47 Philippe Lemoine said... Also, just to be clear don't know Pogin and, except for the fact that strongly disagree with her about what happened to Kipnis have no beef with her. In fact have more respect for her, who at least had the courage to publish something under her own name, than for the anonymous commenters who dragged Ludlow - or for that matter - in the mud even though they don't know what really happened and are surprised when someone takes their selective moral indignation and throws it back at their face. Reply June 20, 2015 at 06:46 48 Anonymous said... 42, please note that Ludlow claims she initiated the kiss. He said, she said. Reply June 20, 2015 at 06:46 49 Anonymous said... @comments 24 and 25: You say the case for Ludlow having commuted rape is not at all weakened by the facts that the grad student continued to interact with him on good terms, neglected to say anything at the time to him that indicated she felt she had been raped, etc. You imply that to suggest these and other signs raise doubts about the alleged event is a sign of backward ignorance. I'm curious: is there possible evidence that you think can rightly lower one's credence in such an allegation? If so, then what? If you can't think of anything, then you appear committed to both these propositions: 1. If any woman claims any man raped her, we should defeasibly believe her. 2. There are no possible legitimate defeaters for such claims leave the reductio as an exercise for the reader. Reply June 20, 2015 at 07:04 50 Onionymous said... 25 (Anon K), \"When someone is raped, they sometimes stay in the relationship, especially if the person has power over the rape victim. And the victim may still continue to act in loving ways, expressing concern and love. Heck, they may even continue to feel some love for their attacker. They might even be wrestling with questions about whether they deserved the rape. Thus, a victim's behavior in the relationship after a rape is not evidence of any weight that the rape did not occur. It is a deeply sexist idea to think that never freaked out or never did such and such, so it is unlikely that was raped.\" Can you explain carefully why is this \"sexist\"? What if the victim was male? What if a male victim was accused of being a liar, because he continued minimal contact with the attacker for a short period afterwards? Reply June 20, 2015 at 08:05 51 AnonGrad said in reply to Anonymous... But note how carefully that paragraph is phrased: \"the graduate student and Ludlow agree\" that they grew close. But \"he says\" she asked if he could spoon her while they slept. Perhaps there is something elsewhere in the article that indicates that the graduate student agrees 3/15/25, 11:34 Leiter Reports Philosophy Blog article on Peter Ludlow and the Northwestern graduate student 13/23 with the claims that they had a physical relationship, but the paragraph you've cited doesn't seem to support anything stronger than the claim that Ludlow characterizes the relationship as physical. Reply June 20, 2015 at 10:14 52 Outside Observer said have to admit to finding it quite a bit more than passing strange how the graduate student herself describes the alleged rape. Here is the money passage: One night in late November 2011, the graduate student says, everything changed. As usual, the two were sleeping in his bed after a night of drinking and talking about philosophy. But that night, while she was passed out from too much alcohol, she says, Mr. Ludlow had sex with her. She doesn\u2019t remember any of the details other than when she woke up in the morning, it was clear to her what had happened remembered feeling like had lost,\" she says had been fighting this fight for a long time and trying to draw a line in the sand just felt crushing sadness.\" Notice that she claims not to remember of the details. Her only positive claim is that when she \"woke up in the morning, it was clear to her what had happened hope don't come across as overly skeptical or sexist or coldly indifferent to her alleged trauma because this makes me wonder how, exactly, if she has no memory of of the details, could it possibly be to her that she even had sexual intercourse with Ludlow (which he denies) let alone that she was raped by him (which a fortiori, he denies). Where could such clarity possibly come from know know this isn't court testimony. This is a journalistic piece. Maybe she misspoke or spoke loosely. Inexperienced people tend not to choose their words quite so carefully when they are talking to a journalist rather than to, say, a lawyer (or, heaven forbid, a philosopher.) Plus, lawyers tend to ask hard questions, even of their own clients. Journalists, despite their own frequent self-congratulation on that score, mostly don't. Plus, I'm also willing to allow that consent while completely plastered out one's mind is not exactly informed consent. And am also willing to allow the very question of whether sober regret, the norming after, even when combined with drunken pseudo-consent, the night before, is enough to make a case for rape is, well, a vexed one. So, no, I'm not willing to assess her bottom line credibility on the basis of this strange statement. Nor, by the way, am willing to assess his. Too much murkiness here for any such thing. What have cone to believe, with increasing firmness, I'm afraid, is that most of the sanctimonious knee jerk moralizers who have sort of reflexively framed this sordid mess as just another instance of the prowling professor and the preyed upon graduate student from the very start have done so more out of a sort of blind and unconsidered impulse rather than anything like considered, informed or rational judgment. Some might think that we philosophers, of all people, should be above such things. Personally stopped thinking that a long, long time ago human, all too human bunch we philosophers turn out to be. But why couldn't the frame of the prowling aging male professor and the preyed upon young female grad student fit this sordid mess exactly, as tightly as a snuggly fitting glove, someone might ask? Aren't you just enabling patriarchy and exploiting all sorts of bad, bad things for even suspecting otherwise -- especially by giving voice to your suspicions? Well, logically speaking, the reflexive frame surely could fit the picture like a snug glove. Wouldn't deny that in some situations of this sort, it is perhaps exactly so. But do have to say that the little tantalizing bits of reality that seem lately to be seeping out from this whole swamp throw off the whiff of an infinitely more fascinating and complex human drama than that reflexive and all too convenient frame could possibly capture. To even begin to appreciate the drama, it seems to me, you have start by recognizing that both parties wielded power of a certain sort in this sordid affair and, yes, both may have been victims in a way too. Would no more want to deny to either their cherished standing as victim any more than would want to fail to acknowledge power and agency of each of them. Of course, if they both have power, they very different sorts of power, with very different sources. And if each is a victim, they are victims of different sorts, with very different statuses, and for very different kinds of reasons. To state the point somewhat crudely, his power, such as it was, came from institutional prestige and authority and all that goes with it. Hers, such as it was, came from her youthful and vibrant sexuality. Somebody is probably going to charge me with having retrograde views about male and female sexuality, for saying such a thing. Somebody is probably going to charge that such a view is both shaped by and in turns support good old fashioned patriarchy or something don't think that's true But who knows? We could debate that another time. For my part, thinking about such a charge, I'm inclined to believe that any one who denies that grad student herself had a form of power and who cannot fathom the thought that an aging man -- who though, perhaps, not exactly a sexual specimen, still does bring lots of institutional power and prestige to the bargaining table -- might be subject to that power, intoxicated by the power, and maybe, in the end, 3/15/25, 11:34 Leiter Reports Philosophy Blog article on Peter Ludlow and the Northwestern graduate student 14/23 crushed by that power, is, well, naive. And anybody who refuses even to contemplate the possibility that in this particular case, perhaps, our alleged victim may actually have self-consciously owned that power and may even have self-consciously chosen to wield that power for her own ends, is think, just being a psychological simpleton suspect that such people may be blinded by a theory that causes them to see the world, and especially human psychology, in black and white, with maybe some shades of gray in between, but not in the millions and millions of rich colors that human minds and hearts actually come painted in. But that's just a guess, really. So take if for what it's worth really want to stress that despite what may seem like my deep skepticism about both parties to this mess am not willing to make any final judgment. What's clear to me is that both got burned and burned very badly. Call me a wimp or wuss or whatever, but actually feel a deep sympathy for each of them. Beyond reporting how things strike me from the bits and pieces I've seen have no desire whatsoever to either attack or defend either of them feel unprepared to do any such thing have no idea where the ultimate truth lies in this. As you can probably tell, though am have to admit, prepared to believe the absolute worst of each. Actually, it's a tad stronger than that would say am positively inclined to believe the worse of each of them -- strange form of sympathy that, you may think. But surely there is a difference between believing the worst of someone in a morally fraught situation and morally condemning that person. On the flip side am also open to believing the best of each of them too -- though getting to the point of believing the best of either of them would take some work. Nothing have read so far comes close to getting me there for either of them include here not just what regard as the mostly self-serving pronouncements from the two parties themselves in their few public pronouncements but also what regard as the mostly self-congratulatory moral posturing that has come from sidelines. Reply June 20, 2015 at 10:58 53 Derek Bowman said... @49: In general have a high credence in a person's having been assaulted, conditional on their continuing to claim publicly and through legal channels that such an assault has occurred am also not generally in the business of publicly speculating about defeaters for specific claims of assault. In the case of sexual assault, my credence given such a claim is even higher, given the high social and psychological costs of making those claims. At the same time am even less likely to engage in public speculation and armchair analysis of possible defeaters in the case of claimed sexual assault. In addition to a desire not to add to the psychological and social costs of victims who report such crimes, my lack of first or close second hand knowledge of what such assaults are like make me distrustful of my armchair intuitions about how to interpret behavioral evidence in such a case. It is true that this pattern of credences and investigative behaviors strongly privileges the testimony of alleged victims over the testimonly of alleged perpetrators. But since my expressed credences have little power to deprive the accused of life liberty and property, and since we have good reason to believe that unreported sexual assault is significantly more common than falsely reported sexual assault am comfortable with that asymmetry. Reply June 21, 2015 at 07:09 54 member of related field said have nothing of substance to add here, so perhaps this comment will not be let through will say that looking on from another field am simply stunned by this. You are seriously using a professional blog (some of you under your real names, no less!) to conduct amateur hour literary criticism / psychoanalysis / rape victim theory on a piece of journalism, about an affair between a grad student and big shot? Down to trying to sniff out implied details about the student's sexual history with the professor? Have you all lost your minds COMMENT: Perhaps as a member of a related field you are not aware of the extent to which this has been discussed already on many different social media platforms. Reply June 21, 2015 at 07:46 55 ExStudent said... Perhaps unrelated to these cases but a genuine question: for a student in philosophy who becomes involved in a personal relationship with her/his professor (yes, it's unwise but it happens!) and then wants to leave such a relationship without fearing damage to her/his career (with or without good cause for such fear), is there anywhere the student can go to seek help? Anywhere that won't try to foist an ideology on the student and reframe what has happened? Anywhere that would support unbiased mediation and recognize the agency of both parties? Or have we become so suffocated by legal constraints and ideology that such a student has no where to turn for help? Framing all personal relationships between students and professors as some form of sexual harassment will simply silence those who, in all good conscience accept their role in forming the relationship, but nevertheless require help in mediating a satisfactory end to it. Thank you Brian for allowing this discussion to take place. 3/15/25, 11:34 Leiter Reports Philosophy Blog article on Peter Ludlow and the Northwestern graduate student 15/23 Reply June 21, 2015 at 11:21 56 Anon said... Can we all agree on the truth of these conditionals Prof. Ludlow had sex with the graduate student while she was unconscious, he raped her Prof. Ludlow raped the graduate student, she did the right thing by coming forward (filing a Title complaint with the sexual harassment office at her university)? Reply June 21, 2015 at 12:09 57 Anon said... Some people seem to think that the graduate student lied when she said that Prof. Ludlow had sex with her while she was unconscious. Other people seem to think that she is mistaken in believing that this happened. Perhaps some people think that it's ambiguous: maybe she wasn't unconscious, but she was in and out of consciousness and, as such, Prof. Ludlow believed that she had consented. Some people assume, are agnostic, thinking that they do not have enough evidence to evaluate whether the graduate student's claim is true hope that everyone agrees, though, that Prof. Ludlow had sex with the graduate student while she was unconscious, he wronged her in a way that she did not wrong him. Perhaps they both showed bad judgment in beginning and maintaining the relationship that they did. Perhaps she had power over him. Perhaps she gave him reason to think that she was his girlfriend. With respect to the particular Title complaint filed by the student against Prof. Ludlow, we can set these questions to the side. Her complaint was not that she could not give consent because of the imbalance of power between them, nor was it that she was so drunk that she could not give consent. Her complaint is that she was unconscious when her professor had sex with her. We ought to ask ourselves whether it is ever okay, in the context of any relationship, for one person (man or woman) to have sex with another person (man or woman) who is unconscious. Of course, no matter how we answer this question, there remains the separate question of whether Prof. Ludlow did indeed have sex with an unconscious student. Many people will say that there is no way to know, one way or the other (It's \"He said, she said.\"). Others will say that the graduate student lacks credibility and, as such, we ought to assume that she has lied or is mistaken. Still others will believe the student. It seems clear that there are many factors to consider in attempting to assess the student's credibility. It should also be clear that these are separate questions: (i) bracketing the question of whether Prof. Ludlow had sex with the student while she was unconscious, was their relationship problematic in any way? (ii) bracketing the question of whether their relationship was problematic, should we believe the student when she says that Prof. Ludlow had sex with her while she was unconscious? Reply June 21, 2015 at 01:09 58 Cynthia Lewis said... I've interviewed the graduate student extensively for a long article on this situation at Northwestern. With me she's been unequivocal. \"We weren't dating,\" she maintains. She did spend nights in bed with him, fully clothed, in his condominium. She recognizes in retrospect that this and other behavior, including endearments in texts and so forth, read ambiguously in regard to whether the relationship was romantic. Even so, she reports refusing repeatedly to have a sexual relationship with Ludlow, and she states that, one morning during the week before Thanksgiving in 2011, she woke up understanding that she'd been raped during the night. \u201cHe was getting back at me for withholding sex,\u201d she told me. \u201cHe knew never wanted to sleep with him.\u201d She interprets his action as a \u201cmonstrous,\u201d \u201cretaliatory\u201d statement that \u201cyou\u2019re mine.\u201d The above paragraph answers the original question, posed by Professor Block, as to the graduate student's narrative. It doesn't settle the question of where the objective truth lies. But I'll add here that the graduate student's narrative has remained consistent, as far as can tell, from the time she filed her complaint against Ludlow until now. Reply June 21, 2015 at 04:12 59 anomalous said... 3/15/25, 11:34 Leiter Reports Philosophy Blog article on Peter Ludlow and the Northwestern graduate student 16/23 \"My husband had sex with me while was in a drunken state. Should divorce him?\" There are very good reasons for rules against teacher student relationships, but in this case I'm left with little sympathy for anyone. Reply June 21, 2015 at 04:24 60 said... Hmmm thought it was well know that some people who get drunk cannot remember what happened the night before. So person P1 is drunk, chooses to do act A1, is conscious whilst doing act A1, but in the morning does not remember doing act A1. See for example Thus it can happen that P1 asks P2 to have sex with him; P2 is drunk and says yes; P1 thinks P2 has consented to having sex; they have sex whilst both are conscious; P2 wakes up in the morning not being able to remember having had sex, but believes (as a result of noticing certain clues) that sexual intercourse has taken place; P2 thinks P1 had sex with her whilst she was unconscious. Reply June 21, 2015 at 04:27 61 anonymous grad student said... Ex Student: That's a good question. One possibility might be the university's ombudsperson, if there is one (not sure if this is a mandatory thing or not). At least at my university, they keep things strictly confidential unless there's a threat of serious harm or danger to an individual. I've spoken with my university's ombudsperson twice (neither time about anything like this), and she was calm, measured, collected, and did not try to force anything on me. (She also runs a mediation program at my university and is a trained mediator, so I'm not sure how much of that was unique to her/if that's normal.) She helped me decide whether or not to take particular steps with respect to the two issues was having, and what steps to take. It was extremely helpful would recommend that anyone in such a situation consider contacting their university's ombuds office. It's also important to note that, if such a student is worried about mandatory reporting rules at their university (which might be a thing worth worrying about, if the relationship violates any university policies, but perhaps even if it doesn't--in my experience many people are overzealous with respect to thinking they have to report things to some authority), these rules don't extend beyond the bounds of one's university. So if the student has any mentor or connections with people they trust outside of their university, then would suggest they talk with those people. Of course, many students lack such resources. I'd be interested in hearing any alternative answers to this question thought I'd answer it just because think a lot of students don't know about the ombudsperson's role and how he/she might be able to help. At least at my university, they are willing to at least start a conversation about basically any problem at all you might have that has anything at all to do with the university or any of its employees/students. Reply June 21, 2015 at 04:46 62 Anonymous said... @Derek Bowman:You seem to be accepting the oft-repeated, but now completely debunked, claim that only 2% (or 2-8%) of accusations of rape are false. Those numbers were arrived at in very unreliable ways and very much at odds with other research. Here's a great takedown of one of the numbers, but there are many others. By all means, please read it through. But Derek, even if we assume that only 2-8% of rape claims are false, and that destroying the lives of innocent people in those 2-8% of cases is morally insignificant(!), the approach you suggest is very problematic. The reason is that one of the main disincentives against falsely accusing people of doing things is the knowledge that, if you're lying, you stand a significant chance of being caught and then facing very bad consequences. But obviously, if people decided to just trust accusations without any supporting evidence, and to resist and even punish attempts of those who seek to cast doubt on the accusations in the name of morality, and if these same people then publicize this policy of assuming accusations to be true, then that will pretty well remove one of the main disincentives to lying. And it should be pretty obvious that doing that would be apt to significantly increase the percentage of false accusations. @56 a) the graduate student had not been in a sexual relationship with Ludlow prior to some particular night b) she had even gone so far as to indicate clearly to him that she didn't want to be in a sexual relationship with him c) she had fallen unconscious d) Ludlow then took advantage of her unconscious state to have sex with her yes definitely agree that he committed rape. 3/15/25, 11:34 Leiter Reports Philosophy Blog article on Peter Ludlow and the Northwestern graduate student 17/23 I'm not saying if and only if here, but just indicating all the conditions I'm assuming (since they seem to be conditions the student said was in place) to make the case as clear as possible. Reply June 21, 2015 at 05:22 63 anon 4:20 said in reply to Cynthia Lewis... Respectfully, CL, \"the above paragraph\" does not answer the straightforward question as to whether-- apart from the occasion of the alleged rape--sex ever occurred between the graduate student and the professor. The graduate student's \"narrative\"--which mentions various other things that she claims did occur between them, regardless of whether those things might be characterized as \"dating,\" \"romantic,\" or \"a sexual relationship\"--clearly leaves room for omission. Since the question is easily and unequivocally answered, the \"consistent\" effort to avoid giving a straightforward answer--not the various behaviors the graduate student does mention--seems intended to \"read ambiguously.\" Perhaps, having interviewed the graduate student extensively, you're in a position to simply clarify by stating that, as far as you can tell, sex never occurred between her and the professor apart from the occasion of the alleged rape COMMENT: That's precisely what understood Ms. Lewis to assert (i.e., they never had sex prior to the alleged rape), but hopefully she will confirm that. Reply June 21, 2015 at 05:23 64 Anonymous said... anon 4:20, Cynthia Lewis cannot be in a position to determine whether sex occurred or didn't occur between the student and Ludlow prior to the alleged incident. She isn't a forensic examiner: she's only someone who has had several conversations with the student. Cynthia Lewis could well be authoritative on whether the student that they had sex previously, but that's a very different matter. Reply June 21, 2015 at 05:56 65 Anonymous said in reply to DD... Indeed. Here's a recent \"general review of factors that can lead to honest false testimony by either party to cases involving disputed sexual consent\": Reply June 21, 2015 at 06:07 66 History Prof said... @ Cynthia Lewis. The grad student maintains that \"We weren't dating.\" What, then, does a reasonable person mean by \"dating\"? If a friend or an acquaintance tells me that she's spending several nights a week with a guy, that they drink a lot of red wine, that they argue epistemology, that they go out to restaurants together, that she refers to him as her \"boyfriend,\" that she texts him love you,\" and that they sleep in the same bed on a regular basis would conclude, as a reasonable person, that they were \"dating.\" Indeed would be unreasonable not to reach that conclusion. Hence these behaviors don't \"read ambiguously\" unless you grant the validity of the grad student's present claim, and then let its retrospective energy regulate every narrative. Of course the grad student's narrative is consistent since she filed her claims two years after the fact. If it weren't perfectly consistent, she would look like a fool, especially when questioned by Title investigators and queried by reporters like Robin Wilson or yourself. Reply June 21, 2015 at 06:59 67 Derek Bowman said... @62: I'm satisfied that the existing disincentives for publicly reporting sexual assault (whether truly or falsely) are, in general, sufficiently high that it's not worth imposing additional burdens on actual victims of such assault in order to marginally increase the disincentive for making false accusations. Reply June 21, 2015 at 09:49 68 Brute said... Let's apply to the grad student, G, comparable standards of charity to those that many here are all too eager to apply to Ludlow. 3/15/25, 11:34 Leiter Reports Philosophy Blog article on Peter Ludlow and the Northwestern graduate student 18/23 From the article one may reasonably infer that was using her sexual allure to gain professional favours from Ludlow. She knew, however, that if this were to become known in the profession then those favours would backfire for her career's purposes. So when she found out that Ludlow had been carelessly bragging about his conquest to a senior colleague, she decided that her best bet, at this point, was to come out as a victim rather than continue as a silent beneficiary. If you are repulsed by the ascriptions of such motives to G, then you should think twice before ascribing comparably ugly motives to Ludlow. Reply June 22, 2015 at 07:45 69 Anon said... In response to Brute: It seems to me that if one may reasonably infer these claims from the article, one may also reasonably infer that Prof. Ludlow raped the graduate student. In this case, surely one ought to (i) rethink what one may reasonably infer from the article, (ii) deny that raping someone is far worse than using one's sexual allure to gain professioinal favors from Prof. Ludow, or (iii) believe that Prof. Ludlow did something to the graduate student that is far worse than anything she did to him assume you are advocating for (i) when you raise your point about applying comparable standards of charity. For what it's worth myself think that many people need to be more careful about drawing inferences from the article. Robin Wilson tells the story from a particular point of view, and suspect that both Prof. Ludlow and the graduate student would take issue with the way she presents them. Reply June 22, 2015 at 09:39 70 Anonymous said... 69, I'm sure Ludlow would also take issue with the way his actions have been described in the media. Sure, let's take all unverified descriptions of all parties with a grain of salt. Seems fair to me. But its also too late for that. We decided already to trust that Ludlow is guilty and put incredibly strong pressure on Northwestern to cancel his classes, then get rid of him. We've made sure he couldn't get work anywhere else, ending his career. We've made his name a dirty word and dropped him as a friend and colleague. We've watched as he sells his home and spends the money on legal expenses to mitigate the downward spiral. So it's too late to take the claims with a grain of salt this time. Maybe next time we should try that from the start rather than rushing to judgment, organizing idiotic demonstrations to cancel classes, and ruining people on the basis of mere, unproven allegations because it makes us feel noble. Reply June 22, 2015 at 10:03 71 Colin McGinn said agree with 70. Reply June 22, 2015 at 10:29 72 Not Colin McGinn said agree with 70. Reply June 22, 2015 at 10:43 73 Outside Observer said... People being what they are, anything is possible. Sordid, secret affairs of the heart, driven partly by ambition and partly by lust, being what they are makes this at least doubly true. Frankly wouldn't give 0 credence to either a scenario in which G's allegation of rape is part of an elaborate ass covering narrative on her part. Nor would give 0 prior credence to the proposition that it was Ludlow who was doing the ass covering. Heck wouldn't give 0 prior credence to the thought that it was not herself who first chose to frame their relationship in terms or rape. Could be, for all the evidence shows, that it was the folks sought counsel, solace or advice from who first said to her, \"Don't you realize that you were raped by him?\" Perhaps only then, sometime after the fact, she herself came to see this as rape, not out of some hidden or nefarious motive, necessarily. Who knows? 3/15/25, 11:34 Leiter Reports Philosophy Blog article on Peter Ludlow and the Northwestern graduate student 19/23 The point keep wanting to make is that sex and power and self-doubt make for extraordinarily fraught situations. And you combine that with the complexities of human psychology and you get, well, a mess. Which is one reason disagree with those who think that this story is uniquely G's to tell (or, heaven forbid, Ludlow's to tell wouldn't trust either of them as teller of this tale. Their stories would be likely full of self-deception, dishonesty and self-serving confabulation. You'd need a story teller willing to take a completely honest, possibly brutally so, look into the psychology of each party. You'd need a story teller with no interest in choosing sides, One that was willing to state hard truths about each. Only then could you get a story you could begin to trust. Or so it seems to me. Reply June 22, 2015 at 10:48 74 anomalous said... The naturalism of Rashomon. Reply June 22, 2015 at 11:47 75 anomalous said... \"It is no secret that contemporary philosophy is under the spell of the other\" Reply June 22, 2015 at 11:59 76 Anon said... Here's a possibility that don't think anyone in this thread has considered: The graduate student didn't immediately report the alleged rape to because she knew that the investigation would be a painful ordeal and/or she realized that she would look bad. In February of 2014, she learned about the undergraduate's lawsuit. She began to worry that her experience with Prof. Ludlow was part of a larger pattern. She formed the belief that she had a moral obligation to report what had happened to her. For this reason--and for this reason only--she came forward. I'm not stating that this is what occurred do, however, think it's a possibility worth considering. Reply June 22, 2015 at 01:58 77 said... Brute @ 68 offered the best explanatory inference so far (Anon @ 76 offers a possible story, but how plausible is it in light of much of what you know about people?). Sleazy unprofessionally conduct on both side. Now if one party also raped the other of course the two conducts wouldn't be comparable. But Anonymous @ 69 fails to consider that Ludlow has an alibi for the night of the alleged rape (the hotel receipt). This is pretty clear to anyone at this point. And gather, that is also why Daily Nous and Feminist Philosophers are largely silent about these new developments. Reply June 22, 2015 at 03:36 78 Anonymous said in reply to FG... Given that according to the \"he said\" side of things, there were \"several\" occasions on which consensual sex occurred, one might wonder why it just so happens that on the one night in question where the \"she said\" side alleges rape, he has an alibi -- and note that unless any of us were involved, none of us know what time he checked into that hotel. Reply June 22, 2015 at 05:05 79 Anonymous said in reply to Anonymous... But the receipt would show it. What we do know is that the investigators at Northwestern, who saw the evidence Ludlow provided and weighed it against the grad student's allegations, concluded that the balance of evidence was not on the side of her claim. They make no mention of the rape allegation in their judgement, even though they do find him responsible on the general matter of their relationship. Reply June 22, 2015 at 07:25 80 Anonymous said in reply to Anonymous... Yes, but unless you've seen the actual report, or the receipt we don't know why they didn't find the allegation was supported by a preponderance of the evidence or that the hotel receipt was actually good evidence against the claim. For all we know, it could have been much simpler reasons -- that there were no witnesses, the report was brought to the university more than a year after the alleged incident, she claimed she was unconscious, he claimed he didn't do it, etc. 3/15/25, 11:34 Leiter Reports Philosophy Blog article on Peter Ludlow and the Northwestern graduate student 20/23 Reply June 22, 2015 at 08:53 81 Cynthia Lewis said... In reference to #63, Mr. Leiter is correct--that's exactly what I'm saying. In reference to #64, that's also exactly what I'm saying: I'm confirming what the graduate student maintained to me, which addresses the question initially posed by Professor Block in #2. Reply June 22, 2015 at 08:56 82 History Prof said... in reply to Cynthia Lewis... So are you saying that in Ludlow v. Northwestern et al (Case: 1:14-cv-04614 filed 6/18/14), Ludlow is, in fact, lying to the court about the grad student\u2019s previous complaint? Here\u2019s the relevant paragraph from the filing, which is in the public record. 32. In her complaint, Defendant alleged that she and Plaintiff had a consensual relationship two years prior during which she acknowledged they had had consensual sex. Despite that, she alleged that on one evening she drank too much and woke up the next morning believing that Plaintiff had had non-consensual sex with her. During the investigation, Defendant admitted that she continued her consensual romantic and sexual relationship with Plaintiff after the alleged incident of non-consensual sex and even went on a vacation with him. Reply June 22, 2015 at 09:41 83 Outside Observer said... Well, somebody is definitely lying. And lying to cover their sorry behinds. Below is an excerpt from the order referred to by History Prof - dismissing Ludlow's various suites. The order assumes the truth of Ludlow's statements. Some some of the statements just report on other proceedings -- not all of them public unfortunately, that could be easily checked rather seriously doubt that Ludlow's attorney's would lie about what the defendant claimed in her complaint to Northwestern. But hey who knows. There is a distinct possibility, though, Cynthia Lewis, though, that you are allowing yourself to be had by G, when she claims to have had sex with Ludlow just that once. If were you, I'd want to probe her credibility a lot harder. But, hey, maybe you've done that. And maybe Ludlow is such an inveterate liar, that he'd lie to the court about the nature of G's complaint to Northwestern. On March 2014, Lackey encouraged G, then her graduate student advisee, to file a complaint against Ludlow. Lackey made a complaint on behalf of to Northwestern\u2019s General Counsel. After this made her own complaint, alleging that she and Ludlow had a romantic relationship two years before. She alleged that, despite engaging in prior consensual sex, one evening she drank too much and woke up in the morning believing that Ludlow had non-consensual sexual relations with her. She admitted continuing her romantic and sexual relationship with Ludlow after this alleged incident. Upon receiving this complaint, Northwestern retained a third-party, Patricia Bobb, to investigate the claims. Northwestern refused to allow Ludlow to have counsel present with him during his meeting with Bobb. Bobb represented to Ludlow when they first spoke that she was only investigating the allegation of one instance of non-consensual sex. Ludlow provided Bobb a receipt showing that he stayed a hotel on the night in question and positive text messages between and himself the following day. As part of this investigation, Bobb spoke with Slavin. Slavin related G\u2019s communication to her, during the 2012 investigation, that \u201csomething\u201d had happened between and Ludlow and that they had a \u201cdeeply inappropriate\u201d relationship. Id. \u00b6 35. These claims were not included in Slavin\u2019s 2012 investigation report and Ludlow alleges Slavin made these claims to Bobb knowing they were false. Bobb issued a report of her investigation and ultimately found insufficient evidence to support the claim of non-consensual sex. Because Ludlow did not have evaluative authority over G, Bobb found Ludlow did not violate Northwestern\u2019s policy prohibiting professors from dating students. However, Bobb did find that Ludlow violated Northwestern\u2019s policy against sexual harassment because he had unequal power in the relationship. Bobb\u2019s report 5 Case: 1:14-cv-04614 Document #: 44 Filed: 02/05/15 Page 6 of 32 PageID #: omitted much of the information and evidence Ludlow had provided in his defense, including information on G\u2019s romantic history. The report further did not cite any Northwestern policy that prohibited relationships that involved an imbalance of power and did not acknowledge that the Northwestern sexual harassment policy prohibits unwelcome conduct, while Ludlow\u2019s relationship with was consensual and continued after the incident. Although Ludlow alerted Northwestern that Bobb\u2019s conclusions were flawed and unsupported, and asked that the report not be distributed, Northwestern distributed it internally. Reply June 23, 2015 at 08:23 3/15/25, 11:34 Leiter Reports Philosophy Blog article on Peter Ludlow and the Northwestern graduate student 21/23 84 Outside Observer said... First time took to time to read any of these official documents. Kind of eye opening. One thing that strikes me is how, shall we say, pro- active G's graduate advisor, Lackey, seems to have been in all this -- at least if the background section is to be believed know this is Ludlow's construal of events. So who knows where the truth lies. But consider the sequence below. First it's Lackey who brings the relation of Ludlow and to the attention of the authorities. But then herself refuses to say anything when asked about it. That's back in 2012. In 2014. if these statements are to be believed, It's Lackey, not G, who first files a complaint on G's behalf against Ludlow. Who knows whether that was with G's permission or encouragement or over G's objections. If is was over G's objections, well that strikes me as a tad bit paternalistic at a minimum. Lackey's actions do seem to have spurred to action though. So maybe all needed was a good kick in the rear to get her going. Not clear how long after Lackey acted herself acted. I'd have to know more of the details and hear the other side to have any confidence, but this all does bring to mind the much vilified Kipnis and her point that entirely well-meaning faculty may be inadvertently diminishing the agency of adult students. In or around February 2012, an undergraduate student at Northwestern made an internal complaint against Ludlow accusing him of inappropriate sexual advances. Slavin, Northwestern\u2019s Director of Sexual Harassment Prevention, \u201cconducted a flawed and one-sided investigation\u201d into the student\u2019s complaint during which Slavin interviewed the accuser and Ludlow, but did not inform Ludlow of the charges against him or accept evidence in his favor. Compl. \u00b6 10. During the investigation, Slavin interviewed Lackey, another professor in the Philosophy Department. Lackey had no knowledge of the student\u2019s allegations, but told Slavin she believed Ludlow was involved in a relationship with a Ph.D. student, G. Lackey also told Slavin that Ludlow had behaved inappropriately toward female students on a trip to South America. \u2026\u2026 When Slavin approached about her relationship with Ludlow refused to discuss it. \u2026\u2026 In March 2014, Lackey encouraged G, then her graduate student advisee, to file a complaint against Ludlow. Lackey made a complaint on behalf of to Northwestern\u2019s General Counsel. After this made her own complaint, alleging that she and Ludlow had a romantic relationship two years before. Reply June 23, 2015 at 09:10 85 anon 4:20 said in reply to Cynthia Lewis... Ms. Lewis, the clarification is appreciated. There is no longer any ambiguity about whether the graduate student maintained to you that the only time sex occurred between her and the professor was on the occasion of the alleged rape. Reply June 23, 2015 at 09:25 86 Anonymous said in reply to Outside Observer take it you may be unaware that if you are a mandated reporter if a student confides in you that they believe they have been assaulted by a fellow university community member you are required by law to report that to your institution. Reply June 23, 2015 at 11:33 87 Anonymous said... So: According to Cynthia Lewis, the grad student frequently claimed in informal conversations that she had never previously had sex with Ludlow, and never had consensual sex with him, despite the fact that she frequently slept in his bed in the context of a romantic relationship. And then Ludlow and his attorney say in a legal document, on pain of perjury for an easily falsifiable claim, not just that he and the graduate student had often had sex before the alleged incident, but that the grad student herself had openly admitted this in her written complaint to Northwestern. Hmm COMMENT: Do not confuse a complaint with an affidavit; the latter would be under penalty of perjury, but not the former. Still, it would be highly unadvisable, and dangerous, to insert an intentional misrepresentation of other legal documents into a complaint. 3/15/25, 11:34 Leiter Reports Philosophy Blog article on Peter Ludlow and the Northwestern graduate student 22/23 Complaints typically say \"On information and belief,\" to report the complaintants reasonable belief about the facts. Reply June 23, 2015 at 11:41 88 Outside Observer said... I'm perfectly aware of mandated reporting requirements. This seems to go beyond that. Mandated reporting isn't at all the same thing as \"making a complaint on behalf of the student.\" Plus the student apparently confided in Lackey back in 2012. And Lackey made what was confided to her known to investigators in 2012. Or are you suggesting she held onto that information for 2 years? Or maybe that she just surmised that there was a relationship in 2012 without being told of it by the student? Reply June 23, 2015 at 11:44 89 Anonymous said in reply to Outside Observer... Mandated reporting in assault cases typically initiates a complaint process; if she really did make a complaint, why would the student need to make her own more plausible interpretation is that she reported what she had been told, the university contacted the student, and the student cooperated with the university's request for her to report directly to them what she said and participate in an investigation -- hence, lodging a complaint. Reply June 23, 2015 at 12:36 90 History Prof said in reply to anon 4:20 can't agree that Cynthia Lewis has clarified anything. If you click on the link to her website, you'll come across this phrase: \"Some students may not even recognize until years after the fact that a relationship previously thought to be mutual was not, in actuality, consensual.\" In other words, even if previously acknowledged a consensual sexual relationship with Ludlow (as his legal complaint maintains), she may have redefined it, in retrospect, as non-consensual, and thus informed Lewis that consensual sex did not take place.(Despite it having been consensual at the time it happened.) If this accounts for the discrepancies in their respective stories suspect Lewis would call such re-narration G's prerogative. Others would call it playing fast and loose with the truth. Reply June 23, 2015 at 05:05 91 anon 4:20 said in reply to History Prof... Ms. Lewis's clarification has finally resolved any relevant ambiguities concerning what might count as \"a relationship,\" \"dating,\" \"romantic,\"\"mutual,\" and, yes, \"consensual\" or \"non-consenual\" sex--namely, on the question of whether the graduate student maintained that the only time sex of whatever kind occurred between her and the professor was on the occasion of the alleged rape controversial theory of what counts as \"in actuality, consensual\" has no bearing on this question. Reply June 23, 2015 at 06:01 Comments on this post are closed. 3/15/25, 11:34 Leiter Reports Philosophy Blog article on Peter Ludlow and the Northwestern graduate student 23/23"}
8,410	Michael Hoad	University of South Florida ‚Äì Tampa	[ "8410_101.pdf" ]	{"8410_101.pdf": "Longtime resigns after investigation By Times Staff Writer Published Feb. 4, 2013 longtime University of South Florida vice president for communications has resigned in the wake of allegations that he created a \"hostile and offensive working atmosphere\" for female subordinates. Michael Hoad, who spent 25 years at the university, resigned effective last Friday from his position as an associate vice president of communications at Health. He had resigned from his other position, as vice president of communications for the university, in September. An internal investigation last October concluded Hoad made a series of inappropriate remarks in 2012. Some examples: \u2022 Hoad told female student assistants of \"all the girls he dated in college and discussed his sex life.\" sex \u2715 Donate Menu Subscribe Subscribe Read More Pete Fairbanks takes first s 28/02/2025, 19:11 Longtime resigns after investigation 1/5 \u2022 After a suggestion was made in a staff meeting about starting a blog called \"Between the Lines'' during the Republican National Convention, he joked it should be called \"Between the Sheets'' and written by a female staffer. \u2022 He texted female interns after hours and posted one woman's photo on his computer. \"Hoad's conduct unreasonably interfered with employees' job performance,\" wrote investigator Mary Li Creasy. \"There is no circumstances under which employees or students of the University should have to get together to try and figure out how to avoid the unwanted attention, unnecessary flattery and sexual comments.\" sex The investigator said she received no allegations suggesting Hoad had propositioned or inappropriately touched the women. But his behavior was \"belittling and unprofessional,\" the report said, and by singling out women, Hoad created \"a hostile and offensive working atmosphere \u2026 on the basis of gender.\" Hoad appealed the report's findings last November, writing that some allegations were overstated and taken out of context. He said the investigator did not take into account mitigating factors, including his recent illness. \"While there were instances of unprofessional behavior for which I'm deeply sorry \u2026 there was no sustained discrimination based on gender,\" Hoad wrote In December, his appeal was denied by M. Dwayne Smith, senior vice provost for academic affairs. On Jan. 3, Hoad submitted a brief note to president Judy Genshaft and other top leaders, saying he would resign from effective Feb. 1 \"to develop a new career strategy and look ahead.\" On Monday, Hoad told the Tampa Bay Times that he could not go into details about the allegations because doing so might inadvertently identify the women who complained about his behavior. He said the time in which he made the remarks \u2014 spring and summer of 2012 \u2014 was particularly stressful as he dealt with a serious heart condition and led the communications effort during state budget cuts. \"I'm very apologetic to anyone did offend,\" he said declined to comment in detail is committed to providing a safe and comfortable environment for all employees and students,\" said Terri Drye, USF's associate vice president of human resources, in a statement. \u2715 Donate Menu Subscribe Subscribe Read More Pete Fairbanks takes first s 28/02/2025, 19:11 Longtime resigns after investigation 2/5 Ending tuition breaks for Florida \u2018dreamers\u2019 could have costly consequences Earlier today \u2022 The Education Gradebook No comments? Pasco school board considering new social media rules Earlier today \u2022 The Education Gradebook How can we improve Tampa Bay\u2019s water quality? We\u2019re about to find out. Yesterday \u2022 Life & Culture Florida lawmakers to tackle school troubles with door lock law Yesterday \u2022 The Education Gradebook Take a peek at Hillsborough County\u2019s largest school, rising in Wimauma Feb. 26 \u2022 The Education Gradebook Florida special education advocates worry lawsuit could gut protections Feb. 26 \u2022 The Education Gradebook DeSantis calls for audits, possible cuts at Florida universities Feb. 25 \u2022 The Education Gradebook Florida school wrong to discipline teacher over personal posts, court says Feb. 24 \u2022 The Education Gradebook Florida teachers remind immigrant students to look past barriers Feb. 21 \u2022 The Education Gradebook Straz Center expands arts education with tap dance program Feb. 20 \u2022 Entertainment \u2715 Donate Menu Subscribe Subscribe Read More Pete Fairbanks takes first s 28/02/2025, 19:11 Longtime resigns after investigation 3/5 Contact Help Chat Customer Service Submit a News Tip Contact Account 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 \u2715 Donate Menu Subscribe Subscribe Read More Pete Fairbanks takes first s 28/02/2025, 19:11 Longtime resigns after investigation 4/5 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 \u2715 Menu Subscribe Subscribe Read More Pete Fairbanks takes first s 28/02/2025, 19:11 Longtime resigns after investigation 5/5"}
7,276	Jon A. Petruchyk	Christopher Newport University	[ "7276_101.pdf", "7276_102.pdf" ]	{"7276_101.pdf": "By By \| \| [email protected] [email protected] UPDATED: UPDATED: August 14, 2019 at 7:57 August 14, 2019 at 7:57 Although both sides agree that their 2 1/2-month affair was consensual, a Although both sides agree that their 2 1/2-month affair was consensual, a Christopher Newport University professor has been fired for sexually Christopher Newport University professor has been fired for sexually harassing a student. harassing a student. The professor, 51, is now fighting to get his job back, and the 24-year-old The professor, 51, is now fighting to get his job back, and the 24-year-old English major says her former lover needs therapy more than termination. English major says her former lover needs therapy more than termination. The case raises anew questions about the age-old dilemma of what to do with The case raises anew questions about the age-old dilemma of what to do with college professors who sleep with adult students faculty committee last fall college professors who sleep with adult students faculty committee last fall recommended amending policy to bar professors from dating students recommended amending policy to bar professors from dating students they teach, but the school president said no change is necessary. The current they teach, but the school president said no change is necessary. The current case involves a professor and a student he had never taught. case involves a professor and a student he had never taught. The issue has been forced onto the national stage at the University of The issue has been forced onto the national stage at the University of Virginia, where the faculty senate is set to vote next week on a sweeping new Virginia, where the faculty senate is set to vote next week on a sweeping new policy that would prohibit sex and \u201dromantic or sexual overtures\u201d between the policy that would prohibit sex and \u201dromantic or sexual overtures\u201d between the faculty and all undergraduates, regardless of whether they are in their classes faculty and all undergraduates, regardless of whether they are in their classes or under their advisement. or under their advisement Loading your audio article Loading your audio article 28/02/2025, 19:14 \u2013 Daily Press 1/10 But at Christopher Newport, a commuter school of 4,900 students, the But at Christopher Newport, a commuter school of 4,900 students, the attorney for Jon Petruchyk, the dismissed professor, says the Board of Visitors attorney for Jon Petruchyk, the dismissed professor, says the Board of Visitors shouldn\u2019t be firing people for violating a policy that doesn\u2019t exist. shouldn\u2019t be firing people for violating a policy that doesn\u2019t exist. Technically, attorney Barry R. Koch said Thursday, Petruchyk was fired from Technically, attorney Barry R. Koch said Thursday, Petruchyk was fired from his tenure-track appointment in the arts and communications department for his tenure-track appointment in the arts and communications department for sexual harassment. But Koch, who concedes there was a sexual relationship, sexual harassment. But Koch, who concedes there was a sexual relationship, said the only unwelcome conduct was the acrimonious breakup that said the only unwelcome conduct was the acrimonious breakup that followed. followed college campus is a lot like the world itself,\u201d said Koch. \u201dProfessor college campus is a lot like the world itself,\u201d said Koch. \u201dProfessor Petruchyk regrets any of this occurred. \u2026 It was an unfortunate consensual Petruchyk regrets any of this occurred. \u2026 It was an unfortunate consensual relationship, but it was not sexual harassment.\u201d relationship, but it was not sexual harassment.\u201d When the student, Carolyn Creedon, met Jon Petruchyk one afternoon last When the student, Carolyn Creedon, met Jon Petruchyk one afternoon last April at the campus center restaurant, the attraction was immediate and April at the campus center restaurant, the attraction was immediate and powerful. powerful. \u201dHe was extremely dynamic,\u201d Creedon recalled, in an interview Thursday \u201dHe was extremely dynamic,\u201d Creedon recalled, in an interview Thursday thought immediately that we were going to have a relationship.\u201d thought immediately that we were going to have a relationship.\u201d Two days later, she said, he called for a date. After checking with her best Two days later, she said, he called for a date. After checking with her best friend, she called back and accepted the invitation for dinner at Rooney\u2019s friend, she called back and accepted the invitation for dinner at Rooney\u2019s Grille and Bar in Hampton. Soon, Creedon said, she and Petruchyk were Grille and Bar in Hampton. Soon, Creedon said, she and Petruchyk were sleeping together overnight at his house off Hiden Boulevard. sleeping together overnight at his house off Hiden Boulevard. She found Petruchyk, an artist as well as a scholar, \u201dthe most intelligent She found Petruchyk, an artist as well as a scholar, \u201dthe most intelligent human being have met.\u201d Even now, she said, she feels some \u201dresidual\u201d love human being have met.\u201d Even now, she said, she feels some \u201dresidual\u201d love for him. Tonight she will accept the Paula Rankin award from for a poem for him. Tonight she will accept the Paula Rankin award from for a poem she wrote about their relationship. she wrote about their relationship. Read More Read More 00:00 00:00 00:00 00:00 28/02/2025, 19:14 \u2013 Daily Press 2/10 On May 10, Creedon said, they had sex for the first time. An hour later, he On May 10, Creedon said, they had sex for the first time. An hour later, he asked her to leave. \u201dGet your shoes, get your clothes and please go,\u201d is how asked her to leave. \u201dGet your shoes, get your clothes and please go,\u201d is how Creedon recalls it. Creedon recalls it. Creedon said the rejection was devastating, and she left for two weeks to stay Creedon said the rejection was devastating, and she left for two weeks to stay with relatives in Rhode Island. When she got back, she and Petruchyk with relatives in Rhode Island. When she got back, she and Petruchyk resumed their relationship. She said they continued to have sexual resumed their relationship. She said they continued to have sexual intercourse, and Creedon said she found out in June that she was pregnant. intercourse, and Creedon said she found out in June that she was pregnant. She said Petruchyk denied responsibility for the pregnancy and that she She said Petruchyk denied responsibility for the pregnancy and that she miscarried in August. By this time, she said was absolutely a basket case.\u201d miscarried in August. By this time, she said was absolutely a basket case.\u201d Yet a week after the miscarriage she signed up to take a class from Petruchyk Yet a week after the miscarriage she signed up to take a class from Petruchyk in the fall. in the fall. Petruchyk, she said, advised her against taking his class and signed the Petruchyk, she said, advised her against taking his class and signed the withdrawal papers. Creedon said the trauma of the breakup and miscarriage withdrawal papers. Creedon said the trauma of the breakup and miscarriage has caused her to stop attending all of her classes. She said she plans to has caused her to stop attending all of her classes. She said she plans to move out of state and try to start over at another college so she can study to move out of state and try to start over at another college so she can study to become a teacher. become a teacher. Koch said there is no medical proof of either a pregnancy or a miscarriage. Koch said there is no medical proof of either a pregnancy or a miscarriage. Koch, who said his client does not wish to comment, also claimed that Koch, who said his client does not wish to comment, also claimed that Creedon \u201dstalked\u201d Petruchyk after the breakup, calling him at home Creedon \u201dstalked\u201d Petruchyk after the breakup, calling him at home repeatedly and once pouring a glass of water on his head at the campus repeatedly and once pouring a glass of water on his head at the campus restaurant. Creedon confirmed the latter incident, which occurred in restaurant. Creedon confirmed the latter incident, which occurred in September. September. \u201d `You\u2019ve ruined my life,\u2019 \u201d she recalled telling Petruchyk before pouring the \u201d `You\u2019ve ruined my life,\u2019 \u201d she recalled telling Petruchyk before pouring the water on him in front of other faculty members. water on him in front of other faculty members. It was after that incident that Creedon said she took her story to university It was after that incident that Creedon said she took her story to university officials. She said she hoped to get therapy for Petruchyk and didn\u2019t intend to officials. She said she hoped to get therapy for Petruchyk and didn\u2019t intend to have him fired. However, she said she would prefer seeing him dismissed have him fired. However, she said she would prefer seeing him dismissed than to risk him having a relationship with another student. than to risk him having a relationship with another student. Koch said a faculty disciplinary committee recommended 3-2 in February that Koch said a faculty disciplinary committee recommended 3-2 in February that Petruchyk be fired for violating CNU\u2019s sexual harassment policy. President Petruchyk be fired for violating CNU\u2019s sexual harassment policy. President Anthony R. Santoro then recommended that the Board of Visitors fire him Anthony R. Santoro then recommended that the Board of Visitors fire him immediately on March 24. immediately on March 24. Koch said he plans to file an appeal with the board next week and, if Koch said he plans to file an appeal with the board next week and, if unsuccessful, he will sue in federal court. The lawsuit would claim that unsuccessful, he will sue in federal court. The lawsuit would claim that violated Petruchyk\u2019s civil rights and did not afford him due process. violated Petruchyk\u2019s civil rights and did not afford him due process. 28/02/2025, 19:14 \u2013 Daily Press 3/10 Originally Published: Originally Published: April 16, 1993 at 12:00 April 16, 1993 at 12:00 Deciding where to draw the line in cases like this is tough. Creedon, who Deciding where to draw the line in cases like this is tough. Creedon, who accuses the professor of \u201dseducing me with his title,\u201d supports a accuses the professor of \u201dseducing me with his title,\u201d supports a comprehensive ban on faculty-student liaisons, regardless of whether the comprehensive ban on faculty-student liaisons, regardless of whether the student is in the professor\u2019s class. student is in the professor\u2019s class think you give up all your power when you date a professor,\u201d she said. \u201dYou think you give up all your power when you date a professor,\u201d she said. \u201dYou give up every ounce of your power. When you\u2019re a student, you\u2019re entrusting give up every ounce of your power. When you\u2019re a student, you\u2019re entrusting yourself to the faculty.\u201d yourself to the faculty.\u201d Others on campus aren\u2019t so sure. Others on campus aren\u2019t so sure. \u201dWe\u2019re all adults,\u201d said Dawn Parker, a sophomore biology major. \u201dIf you\u2019re not \u201dWe\u2019re all adults,\u201d said Dawn Parker, a sophomore biology major. \u201dIf you\u2019re not in the class it shouldn\u2019t make a difference.\u201d in the class it shouldn\u2019t make a difference.\u201d Said Russ Anderson, a sophomore economics major don\u2019t think there\u2019s Said Russ Anderson, a sophomore economics major don\u2019t think there\u2019s anything wrong with it as long as they\u2019re not using their position to get sexual anything wrong with it as long as they\u2019re not using their position to get sexual favors from students. Otherwise, they should be allowed to date students just favors from students. Otherwise, they should be allowed to date students just like everybody else.\u201d like everybody else.\u201d Students on both sides of the issue said the school needs a policy so that Students on both sides of the issue said the school needs a policy so that everyone will know the rules. everyone will know the rules. \u201dIf there was a policy, maybe he wouldn\u2019t have gone against it,\u201d said Wendy \u201dIf there was a policy, maybe he wouldn\u2019t have gone against it,\u201d said Wendy England, a junior English major who supports a comprehensive ban on England, a junior English major who supports a comprehensive ban on faculty-student relationships. \u201dIf that\u2019s how they\u2019re going to deal with it, then faculty-student relationships. \u201dIf that\u2019s how they\u2019re going to deal with it, then they need to have a policy.\u201d they need to have a policy.\u201d Around the Web Around the Web Find Useful Knowledge Find Useful Knowledge Ethereal Search Engine Ethereal Search Engine 28/02/2025, 19:14 \u2013 Daily Press 4/10 Find Local and Heating Repair Find Local and Heating Repair Services Services Access Low-interest Funds Access Low-interest Funds for Your Home Renovation for Your Home Renovation How Much Money Should You Have How Much Money Should You Have Before Hiring a Financial Advisor? 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Is My Space a Good Fit for Airbnb? Get Ready to Rethink Your Workplace Get Ready to Rethink Your Workplace Shoe Game Shoe Game 28/02/2025, 19:14 \u2013 Daily Press 10/10"}
8,217	Frank Donaldson	Columbia College - Chicago	[ "8217_101.pdf" ]	{"8217_101.pdf": "\uf167 \uf1bc \uf16d \uf39e \uf002 Search About CR\u00d3NICA Multimedia Newsletters \uf164 \uf39e \ue61b \uf0d2 \uf02f Orlando Pinder Junior music major Jack Mahanes spoke with Columbia\u2019s Title investigators March 8 after he said Adjunct Professor in the Music Department Frank Donaldson showed him a pornographic video on March 6. Professor quietly removed after allegedly showing student a pornographic video By Alexandra Yetter and Kendall Polidori March 21, 2019 Junior music major Jack Mahanes was studying for a midterm on a sofa in the lobby of the Music Center on March 6 when Frank Donaldson, an adjunct professor in the Music Department, walked up and \u201cshoved\u201d a cell phone in his face to show Mahanes a pornographic video, according to the student\u2019s report to the Office of Equity Issues. Donaldson was removed from his teaching duties after the student reported the incident to Title investigators, The Chronicle has learned. The News Office declined to comment on the status of the professor\u2019s employment. Newsletters Recent Stories Opinion and Commentary Cafecito con La Cr\u00f3nica Chronicle Catch-Up \uf164 \uf39e \ue61b \uf0d2 \uf02f \u201cThe College investigates all reports of sexual misconduct, and does not comment on specific allegations,\u201d said News Office Senior Director Lambrini Lukidis in a March 14 email statement to The Chronicle. Mahanes said he was stunned while Donaldson was giggling and smiling as he showed Mahanes the video for approximately 15\u201320 seconds. The video showed men organized into a line as they all engaged in anal sex with women. People around Mahanes and Donaldson in the lobby did not seem to notice, Mahanes added almost wanted to give [Donaldson] the benefit of the doubt, \u2026 but then thought: What if I\u2019m not the only one?\u201d he said [thought] it might have been just a joke.\u201d Donaldson has been teaching at Columbia since 1990, according to his LinkedIn profile. Mahanes, who knew Donaldson from his sophomore-year ensemble class, described him as a \u201cnice guy\u201d and a \u201cgoofy person.\u201d Immediately after the incident, Mahanes told Adjunct Professor in the Music Department Nick Tremulis what happened, at the urging of Mahanes\u2019 friends. Following Title procedure, Tremulis immediately reported the sexual harassment to Sebastian Huydts, associate professor and acting chair of the Music Department, according to a March 12 email from Tremulis to The Chronicle. Tremulis declined to comment further. Mahanes spoke with the college\u2019s two Title investigators, Janely Rivera and Verron Fisher, on March 8. They asked him for a lot of very specific details on the incident, he said could not be more grateful [for] \u2026 Huydts and [the investigators]. They could not have been more professional and efficient,\u201d Mahanes said. When Mahanes saw Tremulis again on March 11, he asked if there were any updates, the student said. Tremulis informed him that Donaldson had been \u201cfired \u201d Museum of Contemporary Photography raises $325,000 at annual benefit auction By Emma Jolly and Kate Julianne Larroder On Thursday, Feb. 27, the Museum of Contemporary Photography hosted their annual benefit auction on the fifth floor of the Student Center, premiering... Badminton practice resumes for spring semester By Lily Thomas, Staff Reporter The badminton club is back in action this semester, resuming practices earlier this month after overcoming gym space issues last fall. Club... \uf164 \uf39e \ue61b \uf0d2 \uf02f Frank Donaldson, Photo from Colum.edu Tremulis informed him that Donaldson had been fired, Mahanes said. In a March 14 telephone interview, Donaldson told The Chronicle he was sorry his current students have to suffer for this, and said it was a \u201cvery sad, stupid thing\u201d he did. He added he wants his job back and would like to appeal the decision. \u201cI\u2019ve helped a lot of students become professional musicians,\u201d Donaldson said. \u201cThis was not meant as a harmful thing am shocked, very shocked, that there was that kind of response.\u201d Columbia College Chicago Faculty Union President Diana Vallera, whose union represents part-time faculty, told The Chronicle she is aware of the incident and that C-Fac is investigating the situation. The college\u2019s timeline for investigating a sexual harassment complaint, including a hearing and determination, is mandated to occur within 60 calendar days, with the opportunity of appeal following the determination, according to the Anti-Discrimination & Harassment Policy. Students looking to alert the college to a sexual harassment, abuse or assault incident are advised to tell Feb. 28, 2025 Student rep to college\u2019s Board of Trustees creates \u2018Empower Hour\u2019 By Greer Stewart, Staff Reporter Senior marketing major I\u2019Ja Wright, the student representative to the college\u2019s Board of Trustees, created a new weekly series to advocate... \uf164 \uf39e \ue61b \uf0d2 \uf02f any responsible employee at the college either in writing, over the phone or in person. Under Title guidelines and mandated training, the employee is then required to inform the appropriate officials immediately thereafter. \u201cThis stuff does happen. There are professors that overstep their boundaries,\u201d Mahanes said. \u201cWe get emails all the time about crimes that happen at the Red Line, \u2026 but we\u2019re not told about stuff that actually happens on campus.\u201d Despite his belief that the investigation was handled well, Mahanes said he wished he and other students had been informed on how the matter was dealt with, as no one from the college followed up with him or alerted him to Donaldson\u2019s employment status spoke up \u2026 because didn\u2019t want this to happen to anyone else,\u201d Mahanes said. \u201cYou can\u2019t get away with this kind of stuff.\u201d Correction 03/22/19 at 6:23 p.m previous version of this article referenced the wrong discrimination policy. The Chronicle regrets this error. abuse allegations campus abuse campus safety professor abuse student safety title ix Alexandra Yetter, Former Senior Reporter Kendall Polidori, Former Co-Editor-in-Chief Orlando Pinder, Former Staff Photographer About the Contributors Chronversations with Aaron Guzman Feb. 27, 2025 By Aaron Guzman, Podcast Host This week on Chronversations conversation with students about the use of in visual arts. TRANSCRIPT: 0:08: Welcome back to... \uf164 \uf39e \ue61b \uf0d2 \uf02f \u00a9 2025 \u2022 Advertise Pro WordPress Theme by \u2022 Log in The Columbia Chronicle We've got you covered \uf39e \uf16d \uf1bc\uf167 About Staff Advertise with us Contact Us CR\u00d3NICA \uf164 \uf39e \ue61b \uf0d2 \uf02f"}
8,988	Shawn Vincent	University of New Orleans	[ "8988_101.pdf", "8988_102.pdf", "8988_103.pdf", "8988_104.pdf" ]	{}
8,902	Jennifer Yaffee	California State Polytechnic University - Pomona	[]	{}
8,826	David Barreto	Bryn Mawr College	[ "8826_101.pdf", "8826_102.pdf", "8826_103.pdf", "8826_104.pdf", "8826_105.pdf", "8826_106.pdf", "8826_102.pdf", "8826_103.pdf", "8826_104.pdf", "8826_105.pdf", "8826_106.pdf", "8826_102.pdf", "8826_103.pdf", "8826_104.pdf", "8826_105.pdf", "8826_106.pdf" ]	{"8826_102.pdf": "DigComCrew \u2022 April 11, 2022 \u2022 sexual-assault-on-college-campuses/ The Horror of Sexual Assault on College Campuses Maggie Kraus, Content Producer According to Philly Mag, a 22-year old female student at Bryn Mawr College has filed a federal lawsuit against her former professor, Nelson David Barreto, regarding an incident of sexual assault and harassment. The student states that Barreto was her Spanish professor in 2019. At the end of the semester, he invited her and another student to dinner to celebrate. Following dinner, he came back to the girls\u2019 apartment and started making aggressive sexual advances towards the student. Jane Doe reported the incident to her mother who then reported it to Bryn Mawr College\u2019s Title office. The office called Barreto in for a meeting, however, Barreto failed to show up after being told his attorney could be present but not active during the meeting. Barreto soon filed his resignation from the college. Jane Doe\u2019s report has brought many former female students of Barreto\u2019s forward as well. These students have reported Barreto to the college. However, according to the article, the college failed to handle the situation adequately, leading to Barreto continuously assaulting his students. Unfortunately, Jane Doe\u2019s story is not uncommon amongst university women. Sexual assault on college campuses is an extremely prevalent matter seeking reform. An Underreported Issue Although a sufficient amount of sources have proven the prevalence of sexual misconduct on college campuses, many campuses\u2019 reporting fails to corroborate this. Every public college or university receiving federal funding is required to report information regarding sexual misconduct on their campus. While reporting these incidents to authorities will not solve the trauma and psychological damage that victims are forced to deal with, institutions will realize the severity of the issue and force them to create solutions. According to the Rape, Abuse, and Incest National Network (RAINN) regarding female victims aged 18-24 and American Association of University Women (AAUW). New Legislation in Pennsylvania In Pennsylvania, Governor Tom Wolf has recently spearheaded legislation to combat sexual violence on campus. Of this legislation, campuses will be required to provide \u201cclearer policies about sexual consent and information on counseling and protective services for victimized students.\u201d This legislation could be a step in the right direction for combatting the ever-growing issue of sexual assault. Nonprofit Resources Women Organized Against Rape (WOAR): details self-care tips and the importance of therapy after the attack. They also help connect victims to PSARC, the Philadelphia Sexual Assault Resource Center, by calling and paying for an Uber to and from PSARC. Pennsylvania Coalition Against Rape (PCAR): lists questions students should ask colleges to understand their rights and reporting protocols. They also connect students to various resources that will help them further understand their rights Equal Rights Advocate: released a Student Survivor Toolkit. The Student Survivor Toolkit was created by survivors of sexual assault and thoroughly details every step students can take to make sure they are safe. This includes a step- by-step guide to the Title process and tips for preparing for a hearing. This resource can be beneficial due to the confusion the reporting process often causes This post is a part of an ongoing series examining violence against women. In this Digital Communications Capstone course, student-produced content focuses on the specific topics of cyberbullying, sexual harassment in the workplace, sexual assault on college campuses, domestic abuse among women, and women. As a mercy institution, Gwynedd Mercy University explores five critical concerns: Women, Nonviolence, Earth, Immigration, and Racism. This series focuses on the critical concerns of Women and Nonviolence.", "8826_103.pdf": "Bryn Mawr College Undergrad Says Former Professor Sexually Assaulted Her and Other Students She lays out the allegations in a just-filed federal lawsuit against David Barreto and the college itself. by \u00b7 6/9/2021, 3:42 p.m. Get a compelling long read and must-have lifestyle tips in your inbox every Sunday morning \u2014 great with coffee! Bryn Mawr College, where David Barreto used to be a Spanish professor (Photo via Flickr/Creative Commons young woman has filed a federal lawsuit against former Bryn Mawr College professor David Barreto as well as the school itself, alleging that Barreto, whose legal name is Nelson David Barreto, sexually assaulted and harassed her and other students at the distinguished women\u2019s college. The woman, a 22-year-old undergraduate student at Bryn Mawr College, has filed the lawsuit anonymously through prominent Center City attorney Jim Beasley. She is known only as Jane Doe in the lawsuit. In the suit, the Bryn Mawr College student claims Barreto, a 44-year-old Mount Airy resident, sexually assaulted her in June 2019. The woman had been a student in Barreto\u2019s Spanish class that year, and according to the suit, he took her and another student out 3/15/25, 1:17 Bryn Mawr College Student Says Prof Sexually Assaulted Her 1/4 for dinner to celebrate the end of the academic year. After dinner, the woman and the other student went back to the other student\u2019s Center City apartment. The suit alleges that Barreto soon showed up with alcohol from a nearby wine and spirits store \u2014 both women were under 21 at the time \u2014 and the other student asked the woman to let Barreto in through a back entrance. When she let Barreto into the building, he allegedly pressed himself against her and started kissing her without her consent. The suit claims he told her he wanted to \u201cfuck\u201d her and that he took it easy on her grades because he was attracted to her. The two went inside the other student\u2019s apartment, where the woman says she told her friend not to leave her alone with Barreto. But when the friend left for an extended phone call with her boyfriend, Barreto allegedly began to touch the plaintiff without her consent. She says she was unsure how to handle the situation and that she pretended to fall asleep, hoping he would leave. Instead, the suit alleges, he continued to touch her without her consent. At some point during the course of the evening, Barreto allegedly asked her, \u201cYou haven\u2019t heard about me?,\u201d which she took to be a reference to what the suit calls Barreto\u2019s \u201cwell-known reputation at Bryn Mawr College for engaging in inappropriate sexual misconduct with students.\u201d According to the suit, the woman soon disclosed the incident to her mother, who contacted the president\u2019s office at Bryn Mawr College. That office referred her to the school\u2019s Title coordinator. The student filed a report with the Title coordinator, who set up a meeting with Barreto. But on the day of the meeting, Barreto failed to show up for work. He called the Title coordinator for more information about the meeting and said he wanted to bring his attorney. The suit states that the Title coordinator told Barreto the attorney could be present but could not participate in the meeting, and that Barreto tendered his resignation soon after. (The college did not confirm Barreto\u2019s employment dates for Philly Mag. He remained on the college\u2019s website until just after we reached out to the school for comment last week.) The suit goes on to claim that Barreto sexually assaulted multiple other students prior to the Jane Doe incident. It also alleges that multiple students \u201chave previously reported Barreto\u2019s nonconsensual sexual misconduct\u201d to Bryn Mawr College but that the school \u201cfailed to investigate or adequately investigate\u201d these claims, eventually putting Jane Doe at risk because he was still at the college. \u201cBryn Mawr College has demonstrated deliberate indifference by tolerating, condoning, ratifying, and/or engaging in the hostile work and educational environment and failing to take appropriate remedial action,\u201d reads the suit. \u201cAs a result of Bryn Mawr College\u2019s deliberate indifference to multiple reports of previous nonconsensual sexual misconduct by Barreto against Bryn Mawr College students, Bryn Mawr College placed Ms. Doe and other students at an ongoing risk. \u2026 \u201d One recent Bryn Mawr College grad told Philly Mag on background that Barreto generally taught first-year students. It is unclear where, if anywhere, he is teaching now. The suit seeks unspecified damages. Neither Bryn Mawr College nor Barreto responded to multiple requests for comment. Barreto appears to have recently deleted his LinkedIn and other social media profiles. Read More About: College Main Line Sexual Assault Victor Fiorillo Senior Reporter at Philadelphia Magazine @phillyvictor [email protected] You Might Also Like 3/15/25, 1:17 Bryn Mawr College Student Says Prof Sexually Assaulted Her 2/4 How to Negotiate, According to a Wharton Professor 18 Awesome Philly-Area High School Programs for Your Awesome Kid Get the Most Out of Your Credit Card Rewards About Contact Magazine Subscribe Advertise Customer Service Careers Privacy Policy Meet the Main Line Woman Behind a Local Takedown Tesla Group 1 Philadelphia\u2019s David Bolwell Accused of Teen Sextortion Scheme 2 Inside PennDOT\u2019s Plan to Widen I-95 Through South Philly 3 Does Philly Really Need a New $20 Million Monument for 2026? 4 \u201cLong Bright River\u201d Actor John Doman Talks and Philly Roots 5 3/15/25, 1:17 Bryn Mawr College Student Says Prof Sexually Assaulted Her 3/4 2025 \u00a9 Metro Corp. All Rights Reserved. 3/15/25, 1:17 Bryn Mawr College Student Says Prof Sexually Assaulted Her 4/4", "8826_104.pdf": "Home / MCFeeds / 6/09 \u2013 6/15 News: Dr. Sarah Lipson Explains College Mental Health Trends News covers the pandemic\u2019s effects on college student mental health, following the first-year journey of Cornell University student Ana Carmona. Carmona uses her photography skills to capture moments from quarantine, and says could be with people and still feel alone Board Director, Boston University School of Public Health faculty member, and Healthy Minds Study co-Principal Investigator, Sarah K. Lipson, PhD, explained the negative trends in college mental health over the past 10 years. Lipson says think one of the most important things we can be doing right now in talking about mental health is to normalize the experiences of people who are struggling with their mental health. Mental health exists on a continuum. \u2026 All incoming first-year students, and all incoming sophomores will have never experienced what college life is like. And with that really comes an opportunity for higher education to think about \u2018how do we orient students?\u2019\u201d Mental and Behavioral Health Main Stories 6/09 \u2013 6/15 June 16, 2021 3/15/25, 1:17 6/09 - 6/15 - Mary Christie Institute 1/10 The Boston Globe details new findings revealing mental health and housing insecurity worsened for youth in Massachusetts during the pandemic. On Tuesday, the Massachusetts Commission on Youth released an annual report, which includes data from the Massachusetts Department of Public Health. Eighty-three percent of nonbinary respondents and 78% of transgender respondents reported \u201cfeeling sad or hopeless every day for more than two weeks.\u201d The article notes that the closing of shelters and college and university campuses last year caused many youth to become homeless or move into unsafe or unaccepting home environments. The report also shows that youth are two times as likely than non youth to enter the criminal justice system, and 85% of youth in the juvenile system are people of color. Jordan Meehan, the Commission\u2019s legislative and policy manager, said the pandemic\u2019s impact on the community \u201chas been so much worse . . . than anticipated.\u201d In related news, a new survey from The Trevor Project polled approximately 35,000 individuals aged 13 to 24, revealing that respondents were particularly hard hit by the negative mental health impacts of the pandemic. The vast majority (70%) disclosed \u201cpoor\u201d mental health during most or all of the pandemic \u2014 likely tied to high reports of stressful living situations, political concerns, and unmet counseling needs. Forty-two percent of youth also seriously contemplated suicide, and 1 in 5 attempted it. Read additional commentary on the survey results here and here. Higher Ed Dive imagines how the widespread transition among colleges to virtual mental health services will affect schools as they return to otherwise normal programming. The use of online campus counseling and extended hours may continue to be helpful for students who are not comfortable meeting face-to- face or do not have time to attend in-person sessions. Schools that made an effort to educate and train faculty to deal with student mental health problems during the pandemic may also benefit from these measures in the new academic year. But as colleges anticipate increased demand for counseling services come fall, experts are exploring how they can further prepare faculty and staff to support students. Off-campus virtual programs designed to target student mental health offer another promising solution, although some remain skeptical about the extent to which external providers can help if they are unfamiliar with a specific college and its culture. 3/15/25, 1:17 6/09 - 6/15 - Mary Christie Institute 2/10 Other News According to The Washington Post, research on the behaviors of around two hundred Dartmouth College undergraduates over the last four years finds that the onset of the pandemic is correlated with decreased sleep and increased anxiety, depression and phone use. And while the worsened state of student mental health is clear, experts continue to question when they can expect a return to normalcy. Inside Higher Ed reports on the Campus Caring Initiative, a new national initiative aimed at coaching community college faculty to better connect with students and foster a heightened sense of care. Various community colleges describe their institutional changes and ways staff members have worked with students. The Boston Globe\u2019s editorial board discusses potential alternatives to the way that law enforcement traditionally responds to behavioral health emergencies. The writers encourage the funding of community-based solutions, including restoration centers, to adequately treat current or at-risk prisoners with mental health problems. With more 18 to 24 year-olds struggling with anxiety and depression, WCVB5 explores how the pandemic has exacerbated the typical stressors of young adulthood, including transitioning to a new job or school without the same degree of parental supervision Magazine suggests that, despite hopes for telehealth to make mental healthcare more widely accessible, many of the same barriers to entry for in- person therapy persist, especially for lower-income people and people of color. Despite the increase in mental health problems during the pandemic, many of those struggling are still not receiving teletherapy perhaps because of technological or financial challenges, or the shortage of mental health professionals. 3/15/25, 1:17 6/09 - 6/15 - Mary Christie Institute 3/10 Responding to The Boston Globe\u2019s recent story about the mental health crisis at Dartmouth and colleges around the country, several Yale alumni co-signed a letter demanding improved resources at their own school. Pointing to the suicide of Yale freshman Rachael Shaw-Rosenbaum this spring, the authors suggest that \u201cIvy League universities as a group have remained willfully blind toward the desperate need for reform Trojan Family highlights the mental health issues of some of its current and graduated student-athletes, calling their common struggle the \u201cquiet crisis in college sports.\u201d Sports psychologists at and beyond are now exploring ways to support and establish a healthy culture among student-athletes, who are often exhausted from the physical and mental pressures of their sports before even reaching campus. Diversity, Equity and Inclusion The Chronicle discusses the Institute of International Education\u2019s recent survey of 414 colleges, which finds that the number of international students who applied and enrolled this fall has risen from last year. Compared to a notable decline (43%) in enrolled international students in 2020 \u2014 explained largely but perhaps not entirely by the pandemic \u2014 more than 40% of colleges reported an increase in applications this year. As many colleges have also tried to direct more funding and mental health services toward their international communities, Higher Ed Dive highlights that 90% of colleges will welcome international students for in-person classes, while none plan to offer remote-only courses. According to a new report on college admissions from the Institute of Higher Education Policy, many higher education institutions continue to use policies that disadvantage minority students. The report, \u201cRealizing the Mission of Higher Education Through Equitable Admissions Policies,\u201d states \u201csuch policies judge applicants based on factors like whether and where their parents attended college, the resources and connections of the high school they attend, and their ability to afford expensive test preparation materials, rather than their academic potential.\u201d In West Point, Mississippi, conflict recently arose at the local high school after parents complained that the administration had misselected the senior 3/15/25, 1:17 6/09 - 6/15 - Mary Christie Institute 4/10 valedictorian and salutatorian, who are both Black girls. In response, the school ended up appointing two white students as co-valedictorian and co-salutatorian. While competitive students and parents evidently regularly bring about disputes over valedictorian selections, The New York Times considers how Mississippi\u2019s history of racial and educational inequity, as well as \u201cfamily influence,\u201d affected this school\u2019s decision making. For The Washington Post, University of Notre Dame English Professor John Duffy explains why he chooses to explore The New York Times\u2019 1619 Project with his students. While the 1619 Project\u2019s efforts to reframe history by centering discussions of slavery and its effects have been controversial, Duffy suggests that even \u201cthe questions these criticisms raise about history, ideology and the legacies of slavery provide compelling reasons for teaching the project in schools and universities.\u201d By assigning readings that reflect both sides of the debate, Duffy pushes his students to think deeply about how and why history is written, the contemporary politics of studying history, and the shortcomings of their educations on slavery. In Diverse Education, Kwadwo Assensoh, Program Assistant at the University of Oregon\u2019s Center on Diversity and Community, outlines four ways higher education institutions can better retain Black students and faculty, especially at predominantly white schools. Assensoh advises (1) providing mutual support in the classroom; (2) providing a sense of community; (3) working toward a hopeful future; and (4) institutional reinforcement with institutional funded grants. For Diverse Education, researchers Dr. Terry Calaway and Dr. Deborah Manning discuss the potential for Culturally Responsive Teaching (CRT) to help close persistent educational gaps that especially impact African American, Hispanic and Native American students. Focusing on the innovative practices at Community College of Baltimore County, Calaway and Manning find that effective culturally responsive educators encourage a \u201cgrowth mindset\u201d and active engagement among their students, and they also think critically on an individual and institutional level about the type of culture that they bring to the classroom. 3/15/25, 1:17 6/09 - 6/15 - Mary Christie Institute 5/10 After being awarded a $40,000 scholarship at her high school graduation, Verda Tetteh refused the prize and instead suggested it be offered to a student who would be attending community college. As Tetteh, who is going to Harvard, already expected to cover her college expenses thanks to university and other scholarship funding, she felt that her school\u2019s \u201cGeneral Excellence Prize\u201d would better serve a different recipient. In Tetteh\u2019s longtime home of Fitchburg, Massachusetts, the State Department has designated 60% of the high school\u2019s students as \u201ceconomically disadvantaged\u201d and 67% as \u201chigh needs,\u201d according to The New York Times. Sexual Assault and Title Amid an ongoing investigation into the treatment of Song Girls by their coach Lori Nelson, The Los Angeles Times reports that Nelson came up against similar accusations of Title violations in 2016. That year, after a member of the Song Girls reported inappropriate text messages from Nelson, the school examined the coach\u2019s conduct but ultimately decided not to discipline her. Still, another member of the team during that time calls it \u201cthe worst period of my life,\u201d as she remembers struggling with depression and the team\u2019s disordered eating culture but fearing backlash if she spoke out against Nelson. Given the high incidence of sexual assault being reported at colleges, those that receive federal funding are required to educate students through bystander intervention programs, which teach students to step in and try to prevent any sexual misconduct that they might see or anticipate. However, Psychology Today cites a 2019 review of bystander intervention programs to consider the mixed results surrounding their efficacy: While the training may be effective short term in educating students and lessening prejudiced attitudes, it does not seem to have a long term positive impact on the rate of sexual assault Bryn Mawr college student filed a federal lawsuit against the college and former professor David Barreto for sexually assaulting and harassing her and other students. The 22-year-old undergraduate student says she was a student in Barreto\u2019s Spanish class in the spring of 2019. The lawsuit states Barreto took her and another student out to dinner and afterwards arrived at the other student\u2019s apartment with alcohol. Barreto allegedly touched the plaintiff without her 3/15/25, 1:17 6/09 - 6/15 - Mary Christie Institute 6/10 consent. The suit states multiple students have previously reported Barreto\u2019s nonconsensual sexual misconduct. In related news of the four Dartmouth College deaths, Elizabeth Reimer \u201824, one of the first-year students who died by suicide, reportedly posted a video to her Tik Tok account stating that she had been sexually assaulted during her first year at Dartmouth. In December, Reimer posted a video of her responding to an online form from Dartmouth administration that asked her to describe challenges faced that led to a \u201cless than ideal\u201d experience at Dartmouth. Reimer wrote \u201cgetting sexually assaulted.\u201d Student Success In a new report from the National Student Clearinghouse Research Center, data found spring enrollment numbers declined by 600,000 students. The report examined 97% of degree-granting U.S. institutions. Community colleges had the largest decline in enrollment with a 9.5% plunge, equivalent to 476,000 fewer students. Low-income students suffered the greatest impact in retention numbers from the pandemic. The report\u2019s trends also show that male student enrollment fell more than female student enrollment in the past academic year. Graduate school attendance, however, increased by 4.6%, or 124,000 students, this spring. As the onset of the pandemic pushed colleges around the country (more than two-thirds of four-year institutions) to become test-optional, Higher Ed Dive discusses how many are now considering whether to revert back to their former practices. Having trained admissions officers to review applications without standardized test scores, around 1,400 schools say they will continue to be test- optional through fall 2022. Standardized tests are particularly controversial for their negative impact on low-income and Black and Hispanic students, and some schools that became test optional this year not only received more applicants but admitted a more diverse class. Still, testing remains important for administrations that may rely on test score-based school rankings or student data that testing companies gather and share. For Forbes Magazine, college counselor and longtime educator Brennan Barnard interviews various \u201cadmission leaders\u201d about the effective ways to incentivize 3/15/25, 1:17 6/09 - 6/15 - Mary Christie Institute 7/10 education, including by making it free. Some experts believe that scholarships could help improve college retention and graduation rates, while others discuss the potential in scholarships for students that engage in community service work. Beyond incentives for students, however, there is the question of how to encourage investing in school resources in order to bolster support and ensure opportunities for students interviews college students who chose to take time off instead of learning remotely during COVID-19. Many students stated they either could not afford to enroll or did not want a diminished college experience. Some students took the time to pursue a gap year, after experiencing pandemic stress and burn out. For those who did decide to take gap years, students remark that the pandemic provided time to reflect and thoroughly consider their career paths and what they wanted to do for the future. Higher education experts worry about the long-term impacts for students who could not afford enrolling in college due to financial hardships. Enrollment numbers for incoming first year students in the fall of 2020 plummeted by 13.1%. College Affordability Politico reports that, although originally intended to roll out for the 2023-24 academic year, efforts to simplify the Free Application for Federal Student Aid (FAFSA) will not come to fruition until 2024-25. For the Department of Education, reworking the current, 45-year-old system has turned out to be more difficult and require more time than anticipated. The Department\u2019s head of federal aid, Richard Cordray, also spoke with The Washington Post about the future of student loans, including what borrowers and servicers can anticipate from the new administration. The Washington Post reports on a new report being released on Friday by the Student Borrower Protection Center (SBPC) that accuses a number of public colleges and universities of promoting costly private education loans. Seth Frotman, former Consumer Financial Protection Bureau official and founder of SBPC, says \u201ccolleges could be violating federal rules by failing to disclose arrangements with the lenders. The report\u2019s researchers analyzed dozens of public colleges\u2019 marketing materials, reviewing their contracts with third-party contractors for non-degree programs or short-term courses. Since students are 3/15/25, 1:17 6/09 - 6/15 - Mary Christie Institute 8/10 unable to use federal loans for these programs, they may resort to the private market. How these colleges engage with the terms of the product loans is under scrutiny. In an op-ed for The Hechinger Report, Lina Bankert, who is a partner at the nonprofit Bellwether Education Partners, discusses the need for improved support for low-income and first-generation students in their transition from secondary school. Particularly as the pandemic introduced new uncertainty and non-academic responsibilities for many students, Bankert suggests that community colleges can work to improve retention by engaging with local high school students and helping them plan for the future: Already, she says, \u201cThere are clear examples of communities working together across K-12 schools, colleges, and nonprofit organizations to prioritize the needs of first-generation college-goers.\u201d College Promise, a campaign dedicated to reducing postsecondary tuition fees, in partnership with the Educational Testing Service (ETS), presented research findings on financial models to meet student needs last Wednesday at the \u201cExpanding Promise Symposium.\u201d Research teams designed financial programming for five student groups: first-generation students, youth in or out of foster care, students with disabilities, student-parents and students needing academic support. First-generation students, for instance, face five specified barriers: return on investment, work and home commitments, cultural capital and navigational skills, bureaucratic structures and disparities in educational attainment. Basic Needs Virginia\u2019s community college students report struggling to pay for basic necessities last fall. According to a new survey conducted by the Hope Center at Temple University, of 11,000 students, approximately 32% of Virginia community college students had difficulty affording food while 42% struggled to pay for housing. Forty-two percent of students heard of the Coronavirus Aid, Relief and Economic Security Act\u2019s emergency grants; however, only 19% said they received coronavirus relief aid from their community colleges. Many students who were likely eligible for public benefits did not apply, while two-thirds of students reported not knowing how to apply for emergency aid. 3/15/25, 1:17 6/09 - 6/15 - Mary Christie Institute 9/10 Coronavirus: Safety and Reopening The Chronicle has compiled an updated list of colleges that will require vaccines prior to the start of the fall 2021 semester. As of June 14, 506 colleges have announced vaccination requirements. Whether colleges require or strongly encourage students to be fully vaccinated varies upon each institution. The list also labels institutions that indicate their vaccination requirements correspond to the fully approved vaccines under the U.S. Food and Drug Administration guidelines. In addition, here is an updated Chronicle list of colleges loosening their mask mandates for those fully vaccinated. Inside Higher Ed\u2019s live updates on the latest news regarding Coronavirus and higher education includes new state university COVID-19 policies from Kentucky and Minnesota. Both university systems are encouraging students and employees to get vaccinated. Some colleges are adding penalties for students not vaccinated against COVID-19. Rhodes College announced that it will charge students with a $1500 fee per semester if they are not vaccinated against COVID-19. Ohio state universities announced on Wednesday that masks will not be required inside campus buildings for fully vaccinated people. Campus officials said social distancing will also not be required for those vaccinated. \u00a9 2025 Mary Christie Institute. All rights reserved. Privacy Policy \| Terms Terms \uf39e\uf099 \uf0e1 3/15/25, 1:17 6/09 - 6/15 - Mary Christie Institute 10/10", "8826_105.pdf": "Rebooting Title The Bi-College News April 22, 2022 By Dr. Ann Olivarius, Guest Writer Content warning: sexual assault As Americans celebrate the 50th anniversary of Title am reminded of why fought alongside other brave Yale undergraduates in 1977 to make sure Title IX\u2019s definition of 1 9 0 9 Home / 2022 / April / 22 / Rebooting Title 3/15/25, 1:18 Rebooting Title \u2013 The Bi-College News 1/10 gender discrimination was extended to cover predatory faculty targeting female students. Title guarantees educational equality regardless of sex. We brought a lawsuit seeking to establish that achieving this equality required universities to rein in professors who pressure young women for sexual favors in exchange for grades and academic advancement. That principle became established in federal law. Since then, women have made a lot of progress in education. But a recent case at Bryn Mawr shows the problem of harassment remains real and pungent suit is pending against the College and David Barreto, a Spanish teacher who allegedly sexually assaulted a student in 2019. According to the Haverford Clerk, multiple students had reported Barreto to the college leadership, but he was allowed to continue teaching. Unfortunately, this happens far too often with Title cases. The law has other weaknesses. After decades as an attorney specializing in cases of discrimination, sexual harassment, and online abuse know that Title needs an update. How it all started: Alexander v Yale The Civil Rights Act of 1964 barred discrimination based on \u201crace, color, religion, or national origin.\u201d It was a much-needed step to cleanse the nation of its painful legacy of racism. But it didn\u2019t include sex. That\u2019s why Title IX, passed in 1972, was so important. It bars sex discrimination in educational programs that receive federal funds (more than $70 billion this coming year plus another $235 billion in student loans, grants, and work- study) which includes almost every university, college, and public K-12 school in the country. Title requires women to receive the same opportunities as men, from athletics and clubs to coursework and faculty office hours. But could see that clearly wasn\u2019t true at Yale in 1974, so helped found the Undergraduate Women\u2019s Caucus. After hearing about faculty groping, propositioning, and even raping women students, we pressed the university to implement a grievance procedure. The administration refused, stalled, and even threatened to have me arrested on the morning of my graduation sued, along with several other female students and one professor, contending that the permissive climate toward sexual harassment denied women an equal education and thus violated Title IX. The case is known as Alexander v Yale. Our loss, your victory One of my sister plaintiffs was raped by her music instructor; another rebuffed her professor\u2019s advances and was given a lower final grade in retaliation. Most of our suit was 3/15/25, 1:18 Rebooting Title \u2013 The Bi-College News 2/10 dismissed because we had already graduated, which the judge said invalidated our complaints (which no longer holds). But the judge also affirmed our central argument, ruling that \u201cacademic advancement conditioned upon submission to sexual demands constitutes sex discrimination.\u201d We lost the case, but we won for students who came after us on a campus that is supposed to be free from predatory professors. We did not ask for monetary damages in our lawsuit but only that Yale establish a central mechanism for hearing reports of sexual harassment. Here, again, we won. The university set up procedures, and so did other schools around the country and world. Bryn Mawr, too, established procedures for addressing sexual assault, including its current online reporting forms and the Title Hearing Panel, all intended to ensure that students today do not suffer the humiliations and discrimination rampant at Yale in the 1970s. Reset Unfortunately, sexual harassment and assault remain widespread, and by some measures are getting worse. Title cases are multiplying \u2013 more than 1500 are pending. After 50 years, Title needs a system upgrade. The Biden administration \u2013 shortly to release its guidelines \u2013 has already taken useful steps to protect trans students. Here\u2019s what else it should do. Duty of Care The basic problem with Title that constantly encounter as a litigator is that schools are not held accountable for mishandling investigations. There are no penalties for bungling evidence, lost files, or failing to respond promptly and seriously to complaints. Title is called into play only when schools are \u201cdeliberately indifferent\u201d to student complaints. This forbidding standard disadvantages survivors. One might also say that it incentivizes schools to make \u201cmistakes more appropriate standard would be the lower bar of \u201cnegligence,\u201d which is commonly used in comparable areas of the law, such as when the actions (or inactions) of an employer harm an employee. Similarly, schools today are liable only for misconduct that plaintiffs can prove was definitively known to administrators. The guidelines should include misconduct administrators should have reasonably known about. Another problem is that Trump\u2019s Secretary of Education, Betsy DeVos, weakened regulations, making it tougher for survivors to bring cases. Schools are now not accountable for assaults that happen in study abroad programs or any activity or place 3/15/25, 1:18 Rebooting Title \u2013 The Bi-College News 3/10 over which the school does not exercise \u201csubstantial control,\u201d including some frat houses and off-campus residences. Yet fewer than one-quarter of undergraduates now live in dorms. The rules should cover them, too, and any event or location connected to a university-related program. Independent Title Offices When a student files a Title complaint, the investigation is conducted by school employees. Understandably, they are torn between concern for students and their own job security. They are often pressured to soften their fact-finding punches, an issue in the recent lawsuit against Harvard. To debug this system, the government should fund objective, third-party Title offices. Heed Survivors The Trump administration pushed a requirement that victims and their evidence undergo live cross-examination. Thankfully, the courts pushed back. We need to be sure that due process does not intimidate victims from coming forward, increase their trauma, and imply that sexual assault accusations are largely lies fabricated by women. Another change during the DeVos era that needs to be stricken is permitting schools to require that Title cases be settled by \u201cclear and convincing\u201d evidence \u2013 a high burden, one notch down from the bar used in criminal court more appropriate standard is the \u201cpreponderance of the evidence,\u201d which not only applies to civil cases but is also typically used for campus discipline. Proactive policies Like many Bryn Mawr students also want to see a shift in the attitude of schools. They generally ask, \u201cwhat is the minimum must do to avoid getting sued?\u201d They should instead be required to answer the question, \u201cWhat steps can we take to make students safer?\u201d The Obama administration urged \u201cproactive measures\u201d to address sexual harassment. During his presidential campaign, Joe Biden similarly promised more training for students and faculty, requiring schools to liaise with rape crisis and domestic violence centers, Title advisory networks, and funding for student-led prevention programs. All this needs to happen now. Let\u2018s also see the passage of the Gender Equity in Education Act of 2021, which would establish a new Office of Gender Equity that could spearhead these efforts. It could also issue periodic report cards on how each school is preventing sexual misconduct. Students are graded on their performance; why not schools? 3/15/25, 1:18 Rebooting Title \u2013 The Bi-College News 4/10 Trauma-informed policies Last, a new operating system for Title should fine-tune reporting procedures and require all students, staff, faculty, and administrators to undergo victim-centered, trauma-informed training, including how the consequences of sexual harassment impact the victim\u2019s memory say this as a lawyer, and also as a survivor of rape and sexual harassment during my own college years. The Next 50 Years Today, 50 years on from the passage of Title look back with mixed feelings. The law empowered women to speak out and hold the guilty to account. But it pains me to see female students and faculty continue to suffer from a campus culture that often looks little different to what experienced years ago. We thought back then that Title and Alexander v Yale would make women equal. We still have a long way to go. Image credit: University of Miami Author Subscribe to the Bi-College Newsletter INBOX. First name * The Bi-College News View all posts \uf466 3/15/25, 1:18 Rebooting Title \u2013 The Bi-College News 5/10 Last name * Email Address * Visited 1 times, 1 visit(s) today Related Previous Article The Bi-Co Orchestra\u2019s Spring Awakening Next Article \u201cThis is not how we get back to normal.\u201d 3/15/25, 1:18 Rebooting Title \u2013 The Bi-College News 6/10 Dave McCormick Won a Senate Seat. What Does This Mean for the Bi-Co Community? March 7, 2025 3/15/25, 1:18 Rebooting Title \u2013 The Bi-College News 7/10 Bryn Mawr Study Abroad in Israel: An Affront to Our Values March 2, 2025 3/15/25, 1:18 Rebooting Title \u2013 The Bi-College News 8/10 Letter to The Editor: Start/Stop/Continue Survey February 27, 2025 Your email address will not be published. Required fields are marked * Comment * Leave a Reply 3/15/25, 1:18 Rebooting Title \u2013 The Bi-College News 9/10 Name * Email * Website Yes, add me to your mailing list Notify me of follow-up comments by email. Notify me of new posts by email 3/15/25, 1:18 Rebooting Title \u2013 The Bi-College News 10/10", "8826_106.pdf": "\uf02b Posts tagged as \u201cBryn Mawr College\u201d March 15, 2025 3/15/25, 1:18 Bryn Mawr College \u2013 The Clerk 1/6 9/13/19-9/19/19 Campus Safety Brief 21, 2019 Choosing Our History: Changing the Name of Thomas Hall 12, 2017 Ford Student, Mawrter Major 8, 2016 Haverford Woman\u2019s Perspective on Bryn Mawr, the Bi-Co, and Gender 22, 2016 Sexual Assault Allegations Against Former Professor Highlight Criticisms of Bi-Co Title Procedures 25, 2022 Content warning: This article contains descriptions of sexual assault. Bryn Mawr College is facing a civil rights lawsuit alleging that former Spanish professor David Barreto sexually assaulted a current Bryn Mawr student in June 2019. The lawsuit, currently pending in federal court in Philadelphia, also claims that Bryn Mawr allowed\u2026 3/15/25, 1:18 Bryn Mawr College \u2013 The Clerk 2/6 From the Archives: Before the Blue Bus 2, 2015 Haverford Alumna and Lecturer Speaks to Haverford\u2019s Evolving Campus 1, 2015 From the Archives: Race and Marginalization at Haverford in 2007 25, 2015 Open Parties Should Be Maintained, Even in Face of Recent Incidents 23, 2014 Haverford, Bryn Mawr Must Protect Those Who Offend Our Liberal Perspective 1, 2014 Preventing Reactionary Racism 28, 2014 1 2 Next 3/15/25, 1:18 Bryn Mawr College \u2013 The Clerk 3/6 Men\u2019s Lacrosse Off to Best Start Since 2017 Howard Lutnick '83 is Shaping the Trump White House Doubling Down: Dean McKnight on Haverford Under Trump Administration 2.0 Alex Karp \u201989 is Emerging from the Shadows OPINION: Why is Stephen A. Smith Getting Into Politics Search for... Search 3/15/25, 1:18 Bryn Mawr College \u2013 The Clerk 4/6 haverfordcl\u2026 Haverford College View profile haverfordclerk Given the dismal mood on campus following Election Day, it may come as a surprise that a Ford is playing a prominent role in President- Elect Trump\u2019s administration. Howard Lutnick \u201983 is co-leading the presidential transition effort, overseeing personnel. The longtime Cantor Fitzgerald has been a staunch ally of Trump, having contributed millions to each of his presidential campaigns and hosting high-profile fundraisers in the Hamptons. Read the new article by Sports Editor Krish Gupta \u201826 on Lutnick\u2019s role in the President-Elect\u2019s administration, featuring interviews with Chair of Political Science Steve McGovern and Chair of Economics Giri Parmeswaran, linked in our bio. \u2022\u2022\u2022 Pictured: Howard Lutnick \u201883 with President-Elect Donald Trump and Vice President-Elect Vance (Adam Gray via Getty Images) View all comments Add a comment... View more on Instagram haverfordcl\u2026 Haverford College View profile haverfordclerk Yesterday, Haverford students gathered in the for this fall\u2019s Plenary session. On the docket were two proposed resolutions: one aimed at addressing the financial burden faced by international students regarding their summer funding, and the other focused on securing widespread availability of masks and COVID-19 rapid tests for students through institutional funding. As always, following the student- proposed resolutions was the renewal of the Alcohol Policy. Read the post-Plenary rundown by Clerk Staff, linked in our bio. \u2022\u2022\u2022 Pictured: All photos by Leo Brainard \u201827 (Image 1) Students vote at Fall 2024 Plenary (Image 2) Students pose with the Fall 2024 Plenary merch (Image 3) Students wait in line outside the for Plenary to start (Image 4) Co-Presidents Yehyun Song \u201825 and Victoria Haber \u201826 address students (Image 5) Students in line before Plenary Add a comment... View more on Instagram 3/15/25, 1:18 Bryn Mawr College \u2013 The Clerk 5/6 Haverford's Independent Student Newspaper \uf16d \uf0e0 Home About Us Contact Us Subscribe Archives Mission News Theme by Compete Themes. 3/15/25, 1:18 Bryn Mawr College \u2013 The Clerk 6/6"}
7,527	Roy J. Nirschel	Roger Williams University	[ "7527_101.pdf", "7527_102.pdf", "7527_102.pdf", "7527_102.pdf" ]	{"7527_102.pdf": "Dear Parents and Students, We have just experienced another dynamic spring semester at Roger Williams. This e-newsletter has been developed to highlight some of the many accomplishments of our students and staff during each semester. There are numerous cocurricular endeavors of which to be proud, including leadership development and recognition, programming and service awards, athletics success and new wellness programs. As the University engages in a comprehensive strategic plan titled Roger Williams 2020, the Student Affairs division embraces opportunities to work closely with the entire campus toward developing the most engaging living/learning experience possible. This fall semester, the University will have unprecedented construction improvements in progress including a state-of-the-art new academic classroom building and a new suite- and apartment-style living/learning residence area. While we work on improving our campus facilities, careful attention will also be dedicated to promoting wellness across the campus and a culture of respect and civil discourse that is inclusive and welcoming to all new leadership group has been developed by President Nirschel, who will chair the President\u2019s Council on Inclusive Excellence\u2014 a team that includes faculty, student and administrative representation. The Council will reflect upon our opportunities and establish prioritized objectives in the areas of inclusion, equity, diversity experiences, hiring and linking these pursuits purposefully to our institution\u2019s core values. We welcome student engagement and parent suggestions as we reflect on the academic year just completed and actively plan for the upcoming semesters. Enjoy your summer\u2014we look forward to your return to campus in August. Sincerely, Dr. John J. King, Vice President \u2013 Student Affairs Contents Leadership U/ Public Safety ......................2 Letter from the Dean of Students .........................3 Student Involvement Awards ...............................4 Athletics .............................5 Wellness at ................6 Intercultural Center ...........8 From a Student\u2019s Desk ........9 Student Life e w s l e t t e r f o r a r e n t s a n d t u d e n t s 3 2008 For 953 graduates, Roger Williams University President Roy J. Nirschel\u2019s hidden pop singer talent and Jackie Joyner-Kersee\u2019s advice on the value of service made for a memorable Commencement ceremony at the University on Saturday, May 17. Commencement 2008 Leadership u t Roger Williams University, student leaders are the driving force behind our ambitious and engaged student body. This year, more than 300 of those students participated in Leadership University, a one-day, on-campus conference designed to enhance each student\u2019s leadership potential. Travis Roy, who on an October night in 1995 skated onto the ice for his varsity debut with Boston University only to suffer a paralyzing accident 11 fateful seconds later, served as this year\u2019s keynote speaker. He spoke of his determination to rehabilitate, Travis Roy 2 which, through a rigorous routine, has given him limited movement in his right arm. His inspiring story of survival, perseverance and motivation inspired Leadership University participants, who committed to pursuing their own endeavors with tenacity and dedication as student leaders. This spring\u2019s sessions were grouped into themed tracks that appealed to club officers, returning student leaders and emerging student leaders. With more than 30 educational sessions offered on topics ranging from promoting events creatively to learning ways to actively create social change, there was truly something for everyone. For more information on Leadership University or the Leadership Development Program, contact the Department of Student Programs & Leadership at (401) 254-3088 or [email protected] he Roger Williams University Department of Public Safety welcomed two new leaders this semester with the hires of John Blessing as director and Pamela Moffatt as associate director. Both graduates with advanced degrees in criminal justice, they bring a wealth of experience and expertise to the department. Director Blessing comes to following an accomplished career as a member of the Rhode Island State Police. Among a tremendous number of successes and promotions, he served as Acting Rhode Island State Fire Marshal, played a lead detective role after the Station Nightclub Fire and was appointed to lead various detective units at the State Police including the Major Crimes Unit, Narcotics Unit and Area Detectives. He also serves on the Governor\u2019s Steering Committee on School Safety. Associate Director Moffatt, also an accomplished lieutenant from the State Police, joins the campus community with The New Faces of Public Safety specialized training and expertise in domestic violence, sexual assault, narcotics and auto theft investigations. Of her many appointments to task forces and councils, one of those most relevant to her new position at Roger Williams is her experience on the Governor\u2019s Commission on Prejudice and Bias. \u201cWe are fortunate to have found such highly respected and decorated professionals,\u201d said John King, vice president of student affairs. \u201cAfter a thorough hiring search, it is clear that we have recruited some of the best talent in the field.\u201d Under the pair\u2019s leadership, the Roger Williams University community can be confident that each person\u2019s safety is of paramount importance and that all community members will be treated with professionalism and equality. Please join us in welcoming these two new leaders to campus. Greetings, As the May 2008 semester comes to a close wanted to share with you some new developments at Roger Williams University. One important new initiative is the President\u2019s Council on Inclusive Excellence. President Nirschel has created this University implementation team, and it will be devoted to fostering a campus representative of the increasingly diverse population of the 21st century. We all benefit from the exchange of ideas that comes from being part of a learning community that encourages a variety of perspectives, and this council will focus on developing specific strategies related to areas such as student recruitment, hiring and campus life. The council will include student, faculty and staff representatives. RWU, like all colleges and universities, is a reflection of the greater community that surrounds us. While we work diligently to create an equal and accepting environment that celebrates diversity, understanding and acceptance, unfortunately, like the greater community, we have at times, including this past semester, encountered incidences of bias. Each situation was dealt with by our Student Conduct Process, and when appropriate the local authorities were involved has never tolerated hate speech or actions on campus and swiftly sanctions anyone found responsible for such behavior. 3 From the Dean of Students Office In order to more effectively address these issues, a new action team has been created called the Bias Response Team (BRT), which co-chair with the associate director of Public Safety. Comprised of students, faculty and staff representatives, this team is dedicated to contributing to a community that fosters a healthy and safe environment for everyone. The team is committed to preventing further acts of hate by educating the community about the effects of hateful actions and their impact on all of us think President Nirschel said it well, in response to these incidents: \u201cWe will not tolerate an environment where even one individual feels unwelcome.\u201d The will be meeting throughout the summer and next year to work on the following goals: clarify the definition of bias; increase awareness in the community; review reporting procedures, forms and protocols; and increase training and education for the and the campus community. As a liberal arts university, one aspect of our mission is to create global citizens. One way we do this is by using teaching moments and opportunities as we face challenges within our community am excited and motivated by the passion and energy of all of our students, faculty and staff and particularly of the members and their ambition to be a driving force in making Roger Williams an even better place for all of us to live, work and learn. Best regards, Kathleen McMahon Dr. Kathleen McMahon Dean of Students n May 6, the University community came together for the 14th annual Student Involvement Recognition Banquet. With a red-carpet theme of Night in the Spotlight,\u201d this annual event recognizes dozens of student leaders, clubs and organizations who have excelled throughout the academic year in all aspects of student involvement. More than 60 awards and $7,000 in scholarship money was awarded during this year\u2019s event, which was organized by a team of student leaders from the Department of Student Programs & Leadership and the Student Senate. The committee included Samantha Hurd, Alicia Merschen-Perez, Courtney Campbell, Lindsey Sullivan, Ashley Saunders and Catherine Stines. 4 Involvement Pays off! Here\u2019s a list of the winners: Rookie Club of the Year Comeback Organization of the Year: Inter Class Council Campus Entertainment Network Awards: \u2022 Committee Member of the Year: Brian \u201cBurns\u201d Beirola \u2022 Representative of the Year: Jerrel Burgo \u2022 Program Chair of the Year: Phil Cormier \u2022 Honorary Chair: Clayton Roth Comeback Club of the Year Pep Band Hawk\u2019s Pride Spirit Award: Hilary Wehner Program Supporter Award: Dr. Robert Engvall Hawk\u2019s Herald Awards: \u2022 Editor of the Year: Diana \u201cDee\u201d DeQuattro \u2022 Dedication Award: Shaun Hogan \u2022 Honorary Editor-in-Chief: Michael Hurley Best Cultural Program by an Organization Diversity Event Sponsored by the Campus Entertainment Network Best Co-Sponsored Event Award: 40,000 Flags for Darfur Sponsored by / Co-Sponsored by Student Senate, CEN, MSU, WQRI, IRHA, ICC, Hawk\u2019s Herald, College Democrats, Model UN, and Inter Class Council Awards: \u2022 Honorary Chair: Jordan Viola \u2022 Officer of the Year: Kristen Ayles \u2022 Program of the Year: Junior Class Semi-Formal Outstanding Community Service Project by an Organization: Light the Night Walk Sponsored by the Multicultural Student Union. Outstanding Community Service Project by a Club: Student Volunteer Association Inter Residence Hall Association Awards: \u2022 Hall Council of the Year: Baypoint/Founders Brook \u2022 Unsung Hero Award: Lauren Bartolotti Outstanding Fundraiser by a Club: \u201cKeep the Heat On\u201d Sponsored by the Newman Club Outstanding Fundraiser by an Organization: Mr Spectacular Sponsored by the Inter Residence Hall Association Multicultural Student Union Awards: \u2022 Member of the Year: Alejandra Cross \u2022 Executive Board Member of the Year: Samantha Law \u2022 Multicultural Awareness Award: Any Torregrossa Club Sport of the Year: Women\u2019s Rugby Student Programs & Leadership Operations Staff Awards: \u2022 Hawk\u2019s Hangout Attendant of the Year: Natarcia Cruz \u2022 Building Manager of the Year: AbbyRuth Terreri \u2022 Bronze Brillo Award: Luat Mai \u2022 Silver Spoon Award: Emily Chappell \u2022 Golden Bin Award: Emily Chappell \u2022 Rookie of the Year: Louis Cona \u2022 Iron Person Award: Alyssa Persinger \u2022 Game Winner Award: Michael Zarbo \u2022 Golden Glove Award: Michael Zarbo Club Advisor of the Year: Glenna Andrade, Alternative Entertainment Club Student Senate Scholarships Student Senate Activism Scholarship: \u2022 Lauren Bartolotti -$1,000 \u2022 Amanda Jenkins - $1,000 Academic Achievement Scholarship: \u2022 Greg Emanuele - $1,500 \u2022 Ashley Das - $1,000 \u2022 Melissa Carrasquillo - $1,000 \u2022 Sharon Zemina - $500 \u2022 Lorin Richardson - $500 \u2022 Michelle Grimaldi - $500 \u2022 Kaitlyn Winter - $500 \u2022 Rachel Ricciardi - $500 \u2022 Lynsey Martin - $500 Student Senate Awards \u2022 Honorary Senator: Joshua Hiscock, Associate Director of Student Programs & Leadership Awards of the Year: Greg Walsh \u2022 Gold Record Award: Dominic Lombardi Program of the Year by a Club Award: 40,000 Flags for Darfur Sponsored by Program of the Year by an Organization Award: March Meltdown Sponsored by the Campus Entertainment Network Student Programs & Leadership Staff Awards: \u2022 Design Center Employee of the Year: Caitlin Saba \u2022 Staff Assistant of the Year: Courtney Cooney \u2022 Front Desk Assistant of the Year: Caitleen Evers Program Assistant Recognition Club Member of the Year: Mark Patuto, Alternative Entertainment Club Organization Member of the Year: Dominic Lombardi Club of the Year Organization of the Year Student Programs & Leadership - Leadership Awards \u2022 Social Change in Action Award: Chelsea FitzSimons- Diaz \u2022 Excellence in Leadership: Daniel Ruth \u2022 Excellence in Leadership: Michael Zarbo Award for Individual Excellence in Student Life Award: Eric Rollo The Karen R. Haskell Student Leader Award: Nicole Lombardi oger Williams University held its annual Athletic Awards Banquet in the Campus Recreation Center Fieldhouse on May 5. Highlighting the evening were the six major awards handed out including Male and Female Athletes of the Year, which went to senior softball second baseman Jen Lyford (Raynham, Mass.) and senior men\u2019s basketball center Geoff Baranger (Fairfield, Conn.), respectively. Jen finished her career as RWU\u2019s all-time hits leader with 201 and all-time stolen bases leader with 103. She is an All-Commonwealth Coast Conference (TCCC) Honorable Mention and stands third in Division in runs per game and sixth in stolen bases per game. Geoff was voted Player of the Year and the Cox Sports Division Player of the Year. The team leader in scoring and rebounding this past year, Geoff finishes his career with 1,149 points\u201414th all time at Roger Williams. Freshman women\u2019s lacrosse attacker Claire Halliday (Trenton, N.J.) took home the Female Rookie of the Year Award while freshman men\u2019s basketball point guard Corey Fava (Aliso Viejo, Calif.) won Male Rookie of the Year. Claire was selected to the All Second Team this past season and finished the year with the school record for points in a season with 60 on 48 goals and 12 assists. Corey ended the 2007-08 season ranked eighth in all of Division in assist-to-turnover ratio at 2.90. 5 Celebrating Athletic Excellence Senior men\u2019s basketball forward Dan Gumb (Patterson, N.Y.) and senior softball shortstop Callie Nealon (Hopkinton, Mass.) were each recipients of the Sharon Castelli Award, which recognizes a male and female student-athlete who best exemplifies the qualities of dedication, leadership and sportsmanship. Dan suffered a devastating leg injury in his sophomore year but returned in his junior year and became a starter in his senior year. Callie was a four-year member of the Hawks, establishing career highs this past year in batting average, doubles and RBIs. Off the field, she was twice a member of the Student Athletic Advisory Committee and has been the female athlete representative at workshops. Roger Williams Athletics also honored the memory of Scott F. Viera, longtime assistant wrestling coach who passed away this March. The Director of Athletics Award is presented to the student-athlete who best represents and embodies the spirit of Roger Williams Athletics. Beginning this year, the award was renamed the Scott F. Viera Director of Athletics Award as a tribute to Scott\u2019s dedication to Roger Williams and his spirit. This year\u2019s winner of the award is senior women\u2019s soccer forward Caitlin Mayo (Merrimack, N.H.). Senior women\u2019s basketball forward Taylor Shea (Salem, Mass.) rounded out the student-athlete award winners, claiming the James R. Russo Award for highest individual cumulative GPA. Taylor, a double major in communications and graphic design, tallied a 3.90 grade point average during her time at Roger Williams University. Other award winners included Tony Montefusco, director of housing, and Gordon Wood, manager of event operations, who were each honored with the Peter Broomhead Award as University employees who have greatly supported Roger Williams Athletics. Kristin Raffa, head athletic trainer, was the recipient of the first Captain\u2019s Award, given to an Athletics staff member who is particularly valuable to the department behind the scenes. At Roger Williams, Working for Student Wellness cross the country, colleges and universities have begun to take a more holistic approach to student health. The new buzzword is wellness. Hence, recreation centers are being named wellness centers and traditional campus health services are sometimes being renamed wellness clinics. But beyond the change of the name is an entirely new way of looking at student well-being. Here at Roger Williams University, we have kept our Health Services and Recreation Center named as they are and created a Wellness Program with its own office and run by individuals who students listen to more than anyone else\u2014other students. The Health and Wellness Educators (HAWES) are students who work under the leadership of the director of health education/alcohol and other drug prevention coordinator, Donna Darmody. They work out of the Health Education office located in Room 210 on the second floor of the Center for Student Development across from Cedar Hall. With their director, the HAWEs work together to provide education and support to students in maintaining healthy lifestyles. Programs move beyond information about colds, the flu, hygiene, contraception, safe sex, smoking cessation and the importance of annual checkups\u2014 they strive to motivate individuals to develop all aspects of themselves, including the physical, mental, social, intellectual and spiritual dimensions of self, and make choices toward a more successful and healthier existence. Wellness is an interactive process of becoming aware of and practicing healthy choices to create a more successful and balanced lifestyle. Process means that one never arrives at a point where there is no further possibility of improving, and awareness means that there is always new information to seek. The H.A.W.E.s respect other students\u2019 choices and promote those that seem to be in everyone\u2019s best interest. Success is an individual matter. It can only be defined by one\u2019s personal collection of what he or she considers to be accomplishments in life. There are 10 stipend positions for students to work in the Wellness Program. The HAWEs have assigned living areas and are an integral part of Team Care along with the resident assistants and the PEERs from the Counseling Center. The HAWEs provide wellness services and programs to the entire Roger Williams community, including: alcohol incident referrals, individual assessments and consultations, wellness coaching and motivational interviewing, wellness resources, AlcoholEdu, campus promotions, workshops and presentations. The Alcohol Incident Referral program at Roger Williams is an educational/assessment program done by the HAWEs with students who have first-time violations of the alcohol/campus housing policy. In addition, the HAWEs offer these students the opportunity to be part of research on college drinking through Brown University in a study called Project ASSIST. Wellness, nutrition, alcohol and drug use assessments, smoking cessation, and stress reduction assessments and consultations are also available. Wellness coaching and motivational interviewing sessions can be designed for any positive behavior change in all lifestyle areas. As a resource center, a variety of videos, books, journals and articles are available for loan to the community. The Health Education office also creates its own educational materials and designs ads for the campus newspaper. AlcoholEdu, an online educational course on alcohol that all incoming freshmen are required to pass, is also monitored out of this office. Campus promotions include National Collegiate Alcohol Awareness Week, Safe Holiday, Safe Spring Break, The survey, Arrest and the \u201cLets Do It\u201d skits. In addition, the Health Education office can design a workshop or presentation for any campus group in any of the wellness areas. For further information on wellness at RWU, contact the Health Education office (401) 254-3413. 6 7 Hawks [Inter] Culture he Intercultural Center\u2019s goal is to help the University build world citizens who think critically about local and global issues and develop a deep respect for difference. Our motto is \u201cWelcoming people of all faiths, nationalities and social identities.\u201d This spring offered new challenges and opportunities to advance intercultural learning at Roger Williams. The student clubs and organizations were active with programming, fund raisers, activism, collaborations and supporting IC-sponsored activities. The Multicultural Students Union (MSU) held a fashion show, attended by more than 300 guests, and went \u201cgreen,\u201d featuring designs made completely of recyclable materials also sent members to Latino and Asian student conferences and held reflection and debriefing sessions on campus was also excited to collaborate with the Department of Creative Writing and others to bring to campus award-winning poet A. Van Jordan. The Intercultural Center also provides a place for students to come together and talk about social identities and a global society. One opportunity to practice the core value of civil discourse was a student- created peaceful protest in response to racial bias incidents on campus and in society. Other efforts to encourage world citizens included STAND, the anti- genocide club, which heightened awareness about the situation in Darfur by creating a mock refugee camp on the campus quad. Tents were set up and students spent a chilly night outside to shed light on those displaced in Sudan members have traveled to Washington on two occasions to lobby Congress and to participate in demonstrations on the Mall was the most honored club or organization at the Student Involvement Banquet, earning four awards for the club and a separate award for club president Amy Torregrossa continued to build membership and support for increasing awareness of the needs and concerns of the community increased its visibility on campus with its Day of Silence program. Students, faculty and staff donned t-shirts showing their support for the many who are silenced because of their sexual orientation. This spring the Intercultural Center was also active with many exciting programs for international students. Students enjoyed skiing and snowboarding at Wachusett Mountain, and for many it was their first time on skis! Students also attended performances such as \u201cRiverdance\u201d and \u201cSpamalot\u201d in Providence. We took a full daytrip to New York City to go sightseeing and catch the Broadway show \u201cThe Lion King.\u201d The Intercultural Center cosponsored a Middle East film festival and supported bringing speaker Jean- Marc Hachey to visit campus and guide students on how to pursue an international career. The Intercultural Center sponsors the popular \u201cAn Hour With\u2026\u201d series. This semester we were transported to Vietnam for an hour as Vietnamese students shared their culture and geography with other students. We have expanded the program to include representation of different faiths and were pleased to host \u201cAn Hour With Islam\u201d and \u201cAn Hour With Catholicism.\u201d The many religious clubs on campus continue to be very active this spring. This spring break the InterVarsity Christian Fellowship brought a group of dedicated students to New Orleans to help rebuild homes damaged by Hurricane Katrina. The Newman Club recently invited Bishop Thomas Tobin to conduct Mass at Roger Williams University and presented him with a check of $400 for the \u201cKeep the Heat On\u201d fund. Hillel has been involved with celebrating Passover, and the Muslim Student Association recently had members return from a national conference. Jen Dupree and Eileen Evans display the \u201cMentee of the Year Award,\u201d presented at the Bridge to Success Celebration of Achievement Dinner on May 9. (Continued on next page) 8 he Counseling Center is proud to report that the (Peer Educators with Expertise in Referrals) Program at Roger Williams won two awards at the Bacchus Network\u2019s Area 10 conference: Outstanding Peer Education Group for the New England Region and Outstanding Adviser (Nancy Hood). This recognition was timed perfectly, as Nancy recently announced her retirement after 23 years in her role as a adviser. Our Counseling Center team has been hard at work this semester developing new ideas, new outreach techniques and increased support for our campus community. Working within the University mission to create global citizens, we developed a series of workshops that address the many issues that students planning to study abroad may face. We\u2019re sending them off to their travels with mental health tips that we hope will ease their transition into another country, culture and way of life. We\u2019re also developing workshops PEERing Up With Counseling for students who are returning to after a semester away to ease them through the re-acclimation process to school, friends and family. In addition, we are working to proactively address some of the monumental challenges that students face while in college and throughout their lives. An \u201cAlcohol Screening Day\u201d consisted of a brief questionnaire for students and immediate feedback from a counselor about use or potential abuse. Our team used \u201cNational Eating Disorder Day\u201d as an opportunity to provide information and guidance for building a healthy body image. The Counseling Center team is available to students in a limited capacity during the summer as we prepare for the upcoming semester and is fully available to students on their return to campus in the fall. Come find us on the second floor of the Center for Student Development or call us at (401) 254-3124. The Bridge To Success program continues to have a major impact as our college student mentors forge strong connections with the mentees in our six area high schools and one community center student mentors go to each site twice per week for 90-minute tutoring, homework help and mentoring sessions. The mentees participated in the activities of our five campus visits. The campus visits programs included a day in the law school, Black History Month program, time management workshop Career Fair, and our end of year banquet and awards ceremony. The mentees were treated to an evening of theatre at the Providence Black Repertory Company\u2019s production of \u201cThe Bluest Eye,\u201d Toni Morrison\u2019s first novel adapted for the stage. Students gather on the campus green to demonstrate unity and a bias-free campus environment. (Continued from previous page) 9 From a Student\u2019s Desk Model Passion s part of the core academic requirement at Roger Williams University, all students must take a senior seminar class in order to graduate. For one winter intersession senior seminar class, taught by Associate Professor Rebecca Leuchak of the School of Architecture, Art and Historic Preservation, 23 students were given a chance to restore and display 11 scale models created by hobbyist Merrall E. Holt, in an exhibit titled Model Passion.\u201d The exhibit, which ran from January 23 to February 29 in the gallery of the School of Architecture, Art and Historic Preservation, includes a collection of scale models varying from Colonial style facades and stair halls, to an intricate 13th Century French Gothic cathedral, and even a few local buildings, such as Newport\u2019s Belcourt Castle and Trinity Church. On January 29, the exhibit held its official opening, where students and faculty, along with Harle Tinney of Belcourt Castle and the current reverend of Trinity Church, Reverend Gary W. Goldacker, came to view the show. \u201cThis exhibit is about the wider community beyond the campus. The subject itself of reduced scale models is very appealing to people. Also, a lot of these models are actual copies of historic buildings in our area, and hope that connection will bring a lot of people to the gallery who have never visited it before,\u201d Professor Leuchak said. In the 1970s, Ms. Tinney, a good friend of Mr. Holt\u2019s, purchased these models from him. However, according to Ms. Tinney, these models had been in storage since 1985, and were in desperate need of repair think this (the restored models) is wonderful,\u201d Ms. Tinney said. \u201cIt is the best way that Merrall Holt\u2019s work can be shown and appreciated by large groups of people.\u201d Unlike the usual historic preservation classes, these students in the seminar came from different majors within the University. \u201cThey applied their particular skills, whether in communications, in construction management, or in business, to one aspect of the project,\u201d Professor Leuchak said. \u201cNone of the students had ever done something like this before.\u201d As the students restored the models, they realized the time and paitience that goes into such detailed work. With the Trinity Church model, Mr. Holt used mathematics and scale to perfect every last detail of the building. \u201cThe models were Mr. Holt\u2019s hobby and passion,\u201d Professor Leuchak said. The French cathedral represents the Gothic architecture style, without modeling a specific real-life cathedral. The roof is made entirely of lead and according to Ms. Tinney, was modeled with a 5/32 inch to the foot scale, and was done completely without a calculator. Overall, the cathedral took Mr. Holt two years to complete. The sheer detail of the cathedral, along with the other models, shows the time and dedication put in by Mr. Holt, as well as with the restoration by the students. The exhibit is an amazing thing to see, and should not be missed by anyone, as words cannot compare to actually viewing this work can\u2019t imagine how much time it took (to make the models),\u201d architecture major Mandy Wannall said. \u201cCompared to our models we make in studio, this must have taken forever.\u201d Ms. Tinney had told a story during the opening about her friend, the photographer Keith Henry. He came to visit her after one weekend and presented her with a beautiful photograph of the interior of a Gothic cathedral, which was displayed behind the French cathedral in the exhibit asked him if he had gone on vacation that weekend,\u201d Ms. Tinney said. \u201cHe laughed and said \u2018No. That\u2019s the inside of the model.\u2019\u201d By Kelleigh Welch undergraduate 10 Residence Life and Housing he Department of Residence Life and Housing would like to thank all of our residential students and student leaders for another wonderful year. This year, each residence hall ended the year with a festive barbeque. Students came out in full force to celebrate the end to another semester. In addition, we would like to recognize the following outstanding residential student leaders for their achievements this year of the Year: Bryan Beirola Team Members of the Year: Sherelle Eccles and Lorin Richardson Staff Assistant of the Year: Kevin Clark Staff Spirit Awards: \u2022 Almeida \u2013 Joel Singer \u2022 Baypoint \u2013 Josh Dias \u2022 Bayside - Eric Rollo \u2022 Cedar \u2013 Nicole Lombardi \u2022 King Philip \u2013 Paul Doolan \u2022 Maple \u2013 Kari Pohl \u2022 Stonewall \u2013 Aprile Guigliano \u2022 Willow \u2013 Lisa Marie McNulty Students enjoy college-level slip and slide! Division of Student Affairs One Old Ferry Road Bristol, Rhode Island 02809 (401) 254-3042 If you know others who would be interested in receiving this newsletter, or care to change your email address, please send current email addresses to [email protected]"}
8,222	David Yesner	University of Alaska	[ "8222_101.pdf", "8222_102.pdf", "8222_103.pdf", "8222_104.pdf", "8222_105.pdf", "8222_106.pdf", "8222_101.pdf", "8222_102.pdf", "8222_101.pdf", "8222_102.pdf" ]	{"8222_101.pdf": "\uf007Michael Balter \uf0173/26/2019 01:35:00 David Yesner Home \uf054University of Alaska, Anchorage archaeologist David Yesner found guilty in Title investigation of harassment, assault, and other charges. In a case have been following for some time, an investigation at the University of Alaska, Anchorage has found archaeologist David Yesner guilty--by a preponderance of the evidence--of sexual harassment, assault, and other charges. The news was broken last night/this morning by station (\"The Voice of Alaska\") in a story which provided many details from the investigative report, dated March 15 of this year. Yesner, who retired in 2017 and had sought emeritus status at the university, was well known in the archaeological and anthropological community for his work on the Peopling of the Americas (an area which have covered extensively, as a science writer, for Science and other publications had quoted him in some of those stories recommend reading the story, which does a pretty good job. This is certainly one of the most grievous cases of misconduct in academia have come across. Meanwhile have obtained a copy of the 30 page March 15 investigative report want to excerpt here the charges which the investigation upheld in their entirely, with the exception of one small detail concerning the transmission of pornography. In this slightly redacted report, R1 is Yesner, and the various individuals represented by the letter \"C\" are alleged victims and survivors of his behavior. According to the report, Yesner declined numerous invitations to be interviewed by the investigators and tell his side of the story. Update March 26: According to the investigative report, Yesner asked for delays in being interviewed, citing health problems, the nature of which were redacted in the report. However am told by sources in the department that although Yesner stalled the investigation for months on the grounds of health problems, he remained active and visible in the anthropology community, even attending at least one conference during that time have contacted Yesner for comment, and will update this post if he agrees to provide it, along with any other details. Allegation No. 1: R1 Engaged in Sexual Discrimination/Harassment by Inappropriately Staring at Multiple Students\u2019 and Professional Colleagues\u2019 Breasts and Engaging in Verbal and/or Physical Conduct of a Sexual Nature that Resulted in the Adverse Treatment of Female Students and Employees and Created a Hostile Work Environment. Allegation No. 2: R1 Engaged in Sexual Discrimination/Harassment by Conducting Inappropriate and Sexually Suggestive Conversations with C6. Allegation No. 3: R1 Engaged in Sexual Discrimination/Harassment by Making Sexually Explicit and University of Alaska, Anchorage archaeologist David Yesner found guilty in Title investigation of harassment, assault, and other charges. \uf099 \uf09a \uf0e1 Social Media Peter Rathjen: Serial sex predator, pedophile protector, and manifestation of all that rotten at the University o Adelaide? [Update July 2 2020: Rathjen resigns du to \"ill health\"] Popular Posts StatCounter Search Search this site My book about Neolithic Catalhoyuk in Turkey and the origins of civilization, th paperback edition. For more information 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 3/15/25, 12:33 University of Alaska, Anchorage archaeologist David Yesner found guilty in Title investigation of harassment, assault, and other \u2026 1/3 Suggestive Comments to C7 and Retaliating Against her when she did not Reciprocate his Sexual Advances. Allegation No. 4: R1 Engaged in Sexual Discrimination and Harassment by Touching C8 on her Breasts, Making Sexually Explicit Comments, and Retaliating Against her Professionally when She Failed to Respond to his Sexual Advances. Allegation No. 5: R1 Sexually Assaulted, Harassed, and Discriminated Against C9 by Engaging in Non-Consensual Oral Copulation and Inappropriate Touching without C9\u2019s Consent, Making Sexually Explicit and Suggestive Comments, and Using his Position of Authority as a Means to Procure a Sexual Encounter R1\u2019s Conduct Created a Hostile Environment R1\u2019s Possession of Inappropriate Female Students\u2019 Images Violated University Regulation Regarding Sexual Exploitation R1\u2019s Possession of Obscene Material on University Information Systems Violated University Regulation R02.07.054(F) Dated this 15 th day of March, 2019 at Anchorage, Alaska. By: Dan\u00e9e Pontious Bar No. 0411076 [This is the private attorney hired by the university to complete the investigation begun by other Title investigators] * * * #MeToo session at the upcoming meeting of the Society for American Archaeology in Albuquerque. Since many reading this are likely to be archaeologists and anthropologists wanted to post this session which hope everyone there will try to attend. It could not be more timely am honored to be among the panel participants. #MeToo in Archaeology at the Forum Summary Archaeology has long offered safe harbor to perpetrators of sexual violence, harassment, and misconduct. These individuals have often relied on their positions of power and authority to intimidate or attack students and colleagues. The dynamics of archaeology\u2019s field work settings\u2014where social expectations may feel lax, murky, or seemingly removed from the norms of the \u201creal world\u201d\u2014have also created a problem unique to the discipline. Those who have experienced sexual violence, harassment, and misconduct may feel pressure to keep silent about their experiences for many (valid) reasons. Regardless, what was once anecdote and open secret has been confirmed in recent years by systematic research. With all of this in mind, it is now time for archaeology to enter into the conversation catalyzed by the larger #MeToo movement. To this end, Heather Thakar, Pamela Geller, and Jason De Le\u00f3n have co-organized a forum for the 84th Annual Meeting of the SAA. \u201c#MeToo in Archaeology,\u201d which is sponsored by the Ethics Committee, will provide a platform for people to anonymously share their stories of sexual violence, harassment, and misconduct. Narratives will be submitted prior to the meeting, to then be read aloud by members of a pre-selected panel. The forum\u2019s aims are three-fold: to acknowledge and validate these experiences in a public and safe space; to demonstrate just how prevalent these occurrences are in archaeology\u2019s academic and field settings; and to provide a first step on a much longer path towards structural change. \u201c#MeToo in Archaeology\u201d is scheduled for 13 April 2019 (Saturday) from 1:00-3:00pm. [room 110 Galisteo in the conference hotel University of Alaska, Anchorage administration's slow response to #MeToo charges against an archaeology professor [Updated Talking Back to Madness \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 3/15/25, 12:33 University of Alaska, Anchorage archaeologist David Yesner found guilty in Title investigation of harassment, assault, and other \u2026 2/3 Copyright \u00a9 2025 Balter's Blog 0 Comments 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 3/15/25, 12:33 University of Alaska, Anchorage archaeologist David Yesner found guilty in Title investigation of harassment, assault, and other \u2026 3/3", "8222_102.pdf": "From Casetext: Smarter Legal Research Dutchuk v. Yesner Apr 9, 2020 No. 3:19-cv-0136 (D. Alaska Apr. 9, 2020) Copy Citation Download Check Treatment Rethink the way you litigate with CoCounsel for research, discovery, depositions, and so much more. Try CoCounsel free No. 3:19-cv-0136 04-09-2020 JOHNSON, and VI, Plaintiffs, v and SYSTEM, Defendants. H. Russel Holland United States District Judge Sign In Search all cases and statutes... Opinion Case details 3/15/25, 12:33 Dutchuk v. Yesner, No. 3:19-cv-0136 \| Casetext Search + Citator 1/17 Motion to Dismiss Defendants the University of Alaska Board of Regents and the University of Alaska System move to dismiss the Title claims asserted by plaintiffs Theresa Dutchuk, Joanna Wells, Norma Johnson, and Jane Doe VI. This motion is opposed. Oral argument was not requested and is not deemed necessary. 2 1 2 2 1 Docket No. 54. 2 Docket No. 56. Background Dutchuk, Wells, Johnson, and Doe (referred to collectively herein as \"plaintiffs\") are former students at the University of Alaska. Defendant David Yesner is a former Anthropology Department faculty member of the University. 3 3 There are two other plaintiffs in this case, Annalisa Heppner and Liz Ortiz. The University defendants are not moving to dismiss these plaintiffs' Title claims. Dutchuk alleges that she met Yesner in 2010 and that he was her advisor \"from 2011 to the end of 2016/early 2017.\" Dutchuk alleges that \"Yesner directed grotesque and sexually charged comments\" to her and that he would look at her and stare at her \"in a sexually explicit way[.]\" Dutchuk also alleges that Yesner retaliated against her \"for rejecting his sexual advances by failing to grade her comprehensive exam and preventing her from continuing her progress and graduating.\" Dutchuk also alleges that she learned in March 2019, that Yesner had taken sexually suggestive photographs of her and \"kept [them] on his computer desktop associated with his work with the University.\" Dutchuk alleges that in 2016, she reported to Dean John Petraitis that \"Yesner had sexually harassed her and 3 then retaliated against her.\" Dutchuk alleges that in response, she was told \"to merely 'switch advisors.'\" Dutchuk also alleges that she \"constantly reported Defendant Yesner's inappropriate and violative 4 5 6 7 8 3 9 10 3/15/25, 12:33 Dutchuk v. Yesner, No. 3:19-cv-0136 \| Casetext Search + Citator 2/17 behavior to professors and other faculty members at the University\" but that these reports were not taken seriously.11 4 Second Amended Complaint at 16, \u00b6\u00b6 37-38, Docket No. 47. For some unknown reason, the University defendants refer to the allegations in the First Amended Complaint in their briefing. Plaintiffs' Second Amended Complaint was filed prior to the instant motion to dismiss being filed and thus it is the operative complaint. 5 Id. at 17-19, \u00b6\u00b6 42-44. 6 Id. at 17, \u00b6 42. 7 Id. at 20, \u00b6 49. 8 Id. at 21, \u00b6 52; 23, \u00b6 58. 9 Id. at 6, \u00b6 17. 10 Id. 11 Id. at 9, \u00b6 24. Wells alleges that she first met Yesner in 2013 at field school prior to \"entering UAA's graduate program in 2014 and 2015.\" Wells alleges that Yesner became her advisor in the fall of 2015. Wells alleges that \"Yesner made sexually explicit and suggestive comments\" to her and also would \"incessantly and exaggeratedly look [her] body up and down.\" Wells alleges that Yesner would \"often get [her] alone with him in disturbing situations[,]\" such as arranging to meet her at the museum after hours when no one else was there and in 2016, inviting her into his camper when they were in the field. Wells alleges that \"Yesner would often hug [her] without her consent, lingering in the hug for several 4 minutes. . . .\" Wells alleges that \"Yesner retaliated against [her] for rejecting his inappropriate behavior and sexual advances.\" For example, she alleges that he \"would refuse to review [her] work unless [she] was sitting in the chair\" next to him and that he \"would often be unresponsive to [her] and unavailable when she needed to get a hold of him, which impeded her work.\" 12 13 14 15 4 16 17 18 12 Id. at 33, \u00b6 100. 3/15/25, 12:33 Dutchuk v. Yesner, No. 3:19-cv-0136 \| Casetext Search + Citator 3/17 13 Id. at 33, \u00b6 101. 14 Id. at 32, 33-34, \u00b6\u00b6 102-105. 15 Id. at 34-35, \u00b6\u00b6 107-108. 16 Id. at 36, \u00b6 112. 17 Id. at 36, \u00b6 114. 18 Id. at 37, \u00b6\u00b6 115, 118. Wells alleges that she \"reported her experiences with Defendant Yesner to her University of Alaska Graduate Committee Member\" and the member's husband (a former student as well), who \"respond[ed] with apathy, saying 'that's just Yesner,' and 'do not believe the stories until it happens to you.'\" Wells also alleges that she \"submitted a letter to Chancellor Gingerich on December 8, 2017, reporting harassment and discrimination by\" Yesner and that in response, \"she was referred to the University's Title investigators.\" Wells alleges, however, that the Title office ignored her and was dismissive, \"leading her to believe that the Office was not taking her claims seriously or taking any action with respect to her reports\" about Yesner. 5 19 20 21 5 19 Id. at 7-8, \u00b6\u00b6 20-21. 20 Id. at 13, \u00b6 29. 21 Id. at 13-14, \u00b6 30. Johnson alleges that she first met Yesner \"when she enrolled in his Peopling of Americas class in Fall of 2014.\" Johnson alleges that at a holiday party in December 2014, Yesner pressured her to drink in an \"egregious and inappropriate\" way and that she voiced concerns about this incident. She also alleges that \"Yesner would often stare intensely at [her] breasts for a long time when she would have interactions with him[.]\" 22 23 24 22 Id. at 37, \u00b6 119. 23 Id. at 38, \u00b6\u00b6 122-123. 24 Id. at 39, \u00b6 124. 3/15/25, 12:33 Dutchuk v. Yesner, No. 3:19-cv-0136 \| Casetext Search + Citator 4/17 Doe alleges that Yesner became her advisor in 1989. She alleges that \" [t]he harassment by Defendant Yesner began immediately with a constant barrage of lewd and sexually suggestive comments.\" Doe alleges that \" [a]fter she rebuffed Yesner's sexual comments, things got physical\" and that \"Yesner began to touch [her] inappropriately.\" Doe also alleges that Yesner sexually assaulted her in 1992, when they were at the Broken Mammoth Archeological Site. Doe alleges that Yesner retaliated against her for rejecting his sexual advances both before and after the assault. Doe alleges that she reported that Yesner had sexually assaulted her \"to one of her female colleagues who in turn 6 reported the incident to the Department Chair of the Anthropology Department at the time.\" She alleges that her report was \"met with a shrug by the Department and no investigation was launched.\" Doe also alleges that she \"filed a complaint with the Office of the Chancellor on December 10, 2017 regarding Defendant Yesner's behavior when she was notified that Defendant Yesner was a candidate for the position of emeritus professor.\" 25 26 27 28 29 6 30 31 32 25 Id. at 39, \u00b6 127. 26 Id. 27 Id. at 40, \u00b6\u00b6 132-133. 28 Id. at 41-42, \u00b6\u00b6 138-144. 29 Id. at 43-44, \u00b6\u00b6 147-158. 30 Id. at 8, \u00b6 22. 31 Id. 32 Id. at 13, \u00b6 28. Plaintiffs allege that in March 2019, a report by independent counsel hired by the University \"detail[ed] years and years of predatory behavior\" by Yesner \"inflicted\" on nine female students. Plaintiffs allege that \"[t]he March 15, 2019 report found Defendant Yesner guilty of violating several University regulations.\" 33 34 33 Id. at 46, \u00b6 164. 3/15/25, 12:33 Dutchuk v. Yesner, No. 3:19-cv-0136 \| Casetext Search + Citator 5/17 34 Id. at 47, \u00b6 168. Plaintiffs Dutchuk, Wells and Johnson commenced this action on May 15, 2019. On June 11, 2019, the University defendants moved to dismiss plaintiffs' state law discrimination and tort claims and their \u00a7 1983 claims. This motion to dismiss was granted and all of these claims were dismissed with prejudice except for plaintiffs' \u00a7 1983 claims for damages 7 against the Board of Regents. Plaintiffs were given leave to amend as to these \u00a7 1983 claims. In the same order, the court granted plaintiffs' motion to amend to add Doe as a plaintiff. Plaintiffs filed their first amended complaint on September 25, 2019. On October 24, 2019, plaintiffs sought leave to file a second amended complaint to change Wells' first name from Ranna to Joanna. This motion was granted, and on November 14, 2019, plaintiffs filed their second amended complaint. 35 7 36 37 38 39 40 41 42 35 Docket No. 13. 36 Order re Motions to Dismiss [etc.] at 34, Docket No. 32. 37 Id. 38 Id. at 34-35. 39 Docket No. 36. 40 Docket No. 43. 41 Docket No. 45. 42 Docket No. 47. In Counts I, II, and of the second amended complaint, plaintiffs assert Title claims against the University defendants. In Count I, plaintiffs allege that the University defendants were deliberately indifferent to the alleged sexual harassment and assault by Yesner. Plaintiffs allege that the University defendants had actual knowledge of [their] sexual harassment at the hands of Defendant Yesner from the time [p]laintiffs reported this harassment to a then professor and now the Chair of the Anthropology Department, the Provost's Office, the Dean, and 3/15/25, 12:33 Dutchuk v. Yesner, No. 3:19-cv-0136 \| Casetext Search + Citator 6/17 8 Plaintiffs allege that the University defendants acted with deliberate indifference in a number of ways, including allowing Yesner \"to remain on campus and supervise female graduate students after complaints brought forth about [p]laintiffs' sexual harassment and other women's sexual harassment by Defendant Yesner[.]\" In Count II, plaintiffs allege a Title hostile educational environment claim. In Count III, plaintiffs allege a Title retaliation claim. 8 the Chancellor in 2011, 2013, 2016, and 2017 respectively and other complaints lodged before these years as well.[ ] 43 44 43 Second Amended Complaint at 50, \u00b6 174, Docket No. 47. 44 Id. at 51, \u00b6 176e. On December 20, 2019, the University defendants filed the instant motion. In this motion, pursuant to Rule 12(b)(6), Federal Rules of Civil Procedure, the University defendants move to dismiss plaintiffs' claims in Counts I, II, and III. Discussion As an initial matter, plaintiffs argue that the instant motion to dismiss is improper under Rule 12(g), Federal Rules of Civil Procedure. Rule 12(g)(2) provides that \"[e]xcept as provided in Rule 12(h)(2) or (3), a party that makes a motion under this rule must not make another motion under this rule raising a defense or objection that was available to the party but omitted from its earlier motion.\" The Ninth Circuit has held that Rule 12(g) prohibits successive Rule 12(b)(6) motions, but it has also pointed out that 9 9 [a] defendant who omits a defense under Rule 12(b)(6)\u2014failure to state a claim upon which relief can be granted\u2014does not waive that defense. Rule 12(g)(2) provides that a defendant who fails to assert a failure-to-state-a-claim defense in a pre-answer Rule 12 motion cannot assert that defense in a later pre-answer motion under Rule 12(b)(6), but the defense may be asserted in other ways. 3/15/25, 12:33 Dutchuk v. Yesner, No. 3:19-cv-0136 \| Casetext Search + Citator 7/17 In re Apple iPhone Antitrust Litig., 846 F.3d 313, 317-18 (9th Cir. 2017). Because a Rule 12(b)(6) defense is not waived, \"[d]enying late-filed Rule 12(b)(6) motions and relegating defendants to the three procedural avenues[ ] specified in Rule 12(h)(2) can produce unnecessary and costly delays, contrary to the direction of Rule 1.\" Id. at 318. Although it would have been preferable if the University defendants had raised their statute of limitations arguments in their first Rule 12(b)(6) motion, there is nothing to be gained by denying the instant motion, only to have the University defendants file a Rule 12(c) motion after they file their answer. 45 45 These procedural avenues are \"in any pleading allowed or ordered under Rule 7(a); [] by a motion under Rule 12(c); or [] at trial.\" Fed. R. Civ. P. 12(h) (2). Plaintiffs next argue that the instant motion to dismiss must be denied because it is untimely Rule 12(b) motion \"must be made before pleading if a responsive pleading is allowed.\" Fed. R. Civ. P. 12(b). Rule 12(a)(1)(A)(i) provides that a defendant's answer must be served within 21 days of the defendant \"being served with the summons and complaint[.]\" Moreover, when an amended complaint has been filed, the defendant only has fourteen days in which to respond to the amended complaint. Fed. R. Civ. P. 15(a)(3). Here, 10 plaintiffs filed their second amended complaint on November 14, 2019. The University defendants filed the instant motion on December 20, 2019. Because this was both more than 21 days and 14 days after plaintiffs filed their second amended complaint, plaintiffs argue that the instant motion is untimely. 10 As the Ninth Circuit has explained, Rule 12(b) states that a motion raising the specific defenses listed \"shall be made before pleading if a further pleading is permitted.\" The Rule does not limit the period to 214 days, and, to us, the reasonable interpretation of the Rule is that such a motion may be made at any time prior to such a pleading. Thus, if an extension of time has been allowed for filing a responsive pleading, logic and reason would appear to dictate that the extension should apply to a motion as well. 14 3/15/25, 12:33 Dutchuk v. Yesner, No. 3:19-cv-0136 \| Casetext Search + Citator 8/17 Bechtel v. Liberty Nat'l Bank, 534 F.2d 1335, 1341 (9th Cir. 1976). The University defendants did not expressly move for an extension of time in which to file their answer to plaintiffs' second amended complaint. However, in a December 2, 2019 joint motion to extend the scheduling and planning report deadline, a motion which the court granted, the parties indicated that the University defendants would shortly be filing a motion to dismiss some of the Title claims. Plainly, the parties anticipated and agreed that the University defendants would file a motion to dismiss sometime after December 2, 2019. Under these circumstances, the court will not treat the instant motion as untimely. Resolving the arguments raised in the instant motion \"will expedite disposition of the case.\" Evans v. 11 Arizona Cardinals Football Club, LLC, 231 F. Supp. 3d 342, 351 (N.D. Cal. 2017). And, as discussed above, denying this motion on procedural grounds will only result in the University defendants re-filing it as a Rule 12(c) motion after they file their answer, which they would be permitted to do. 46 47 11 46 Docket No. 49. 47 Docket No. 48 at 2. Turning then to the merits of the instant Rule 12(b)(6) motion, the University defendants move to dismiss plaintiffs' Title claims on the ground that they are not timely. \"To survive a [Rule 12(b)(6)] motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.'\" Zixiang Li v. Kerry, 710 F.3d 995, 999 (9th Cir. 2013) (quoting Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009 claim is facially plausible '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. (quoting Iqbal, 556 U.S. at 678). \"The plausibility standard requires more than the sheer possibility or conceivability that a defendant has acted unlawfully.\" Id. \"'Where a complaint pleads facts that are merely consistent with a defendant's liability, it stops short of the line between possibility and plausibility of entitlement to relief.'\" Id. (quoting Iqbal, 556 U.S. at 678). \"[T]he complaint must provide 'more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.'\" In re Rigel Pharmaceuticals, Inc. Securities Litig., 697 F.3d 869, 875 (9th Cir. 2012) (quoting Bell Atl. Corp. v. 3/15/25, 12:33 Dutchuk v. Yesner, No. 3:19-cv-0136 \| Casetext Search + Citator 9/17 Twombly, 550 U.S. 544, 555 (2007)). \"In evaluating a Rule 12(b)(6) motion, the court accepts the complaint's well-pleaded factual allegations as true and draws all 12 reasonable inferences in the light most favorable to the plaintiff.\" Adams v. U.S. Forest Srvc., 671 F.3d 1138, 1142-43 (9th Cir. 2012). \"However, the trial court does not have to accept as true conclusory allegations in a complaint or legal claims asserted in the form of factual allegations.\" In re Tracht Gut, LLC, 836 F.3d 1146, 1150 (9th Cir. 2016). In order to dismiss claims on statute of limitations grounds on a Rule 12(b)(6) motion to dismiss, \"the running of the statute [must be] apparent on the face of the complaint. . . .\" Landow v. Bartlett, Case No. 2:18-cv-00499-JAD- VCF, 2019 8064074, at 5 (D. Nev. Nov. 18, 2019) (quoting Huynh v. Chase Manhattan Bank, 465 F.3d 992, 997 (9th Cir. 2006)). 12 \"Title claims are subject to the applicable state statute of limitations for personal injury actions.\" Stanley v. Trustees of Calif. State Univ., 433 F.3d 1129, 1136 (9th Cir. 2006). The statute of limitations for personal injury claims in Alaska is two years 09.10.070(a). \"Although Title borrows a state statute of limitations period, federal law governs the 'determination of the point at which the limitations period begins to run.'\" Stanley, 433 F.3d at 1136 (quoting Hoesterey v. City of Cathedral City, 945 F.2d 317, 319 (9th Cir. 1991)). \"'[T]he touchstone for determining the commencement of the limitations period is notice: a cause of action generally accrues when a plaintiff knows or has reason to know of the injury which is the basis of his action.'\" Id. (quoting Hoestery, 945 F.2d at 319). In order to prevail on their Title claims, plaintiffs must show that the University defendants \"cause[d them] to undergo harassment or ma[d]e [them] vulnerable to it.\" Karasek v. Regents of the Univ. of Calif., 948 F.3d 1150, 1162 (9th Cir. 2020) (citation 13 omitted). The University defendants argue that plaintiffs' allegations of harassment and retaliation occurred prior to May 14, 2017 and thus they argue that plaintiffs' Title claims are untimely and must be dismissed. In short, the University defendants are arguing that plaintiffs' Title claims accrued prior to May 14, 2017. 13 Plaintiffs first argue that Doe VI's claims are not time-barred because they are based on her allegations that Yesner sexually assaulted her and in Alaska, there is no time limit for felony sexual assault claims 09.10.065 provides 3/15/25, 12:33 Dutchuk v. Yesner, No. 3:19-cv-0136 \| Casetext Search + Citator 10/17 that \"[a] person may bring an action at any time for conduct that would have, at the time the conduct occurred, violated provisions of any of the following offenses . . . felony sexual assault[.]\" However, the Alaska Supreme Court has rejected the argument that this statute \"permit[s] suits against third parties who are legally responsible for allowing [sexual] abuse to occur.'\" Reasner v. State of Alaska, Dep't of Health & Social Services, Office of Children's Services, 394 P.3d 610, 617 (Alaska 2017) (citation omitted). Here, Doe is not asserting a claim of sexual assault against the person who assaulted her; she is asserting a claim against \"non-perpetrators. . . .\" Id. Thus 09.10.065 does not apply to her Title claims. Plaintiffs next argue that Alaska's discovery rule applies here and that their Title claims did not accrue until March 2019. The Alaska discovery rule does not apply here because \"[t]he accrual of federal rights generally remains a matter of federal law even when a limitations period is borrowed from a state source.\" DirecTV, Inc. v. Webb, 545 F.3d 837, 852 (9th Cir. 2008). \"[T]he general federal rule is that a limitations period begins to run 14 when the plaintiff knows or has reason to know of the injury which is the basis of the action.\" Lyons v. Michael & Assocs., 824 F.3d 1169, 1171 (9th Cir. 2016) (citation omitted). 14 Plaintiff Dutchuk argues that she did not realize she had been sexually harassed until the University released its Title investigative report regarding Yesner in March 2019. She also argues that she was not aware of the sexually suggestive photos that Yesner had taken of her and stored on his computer hard drive until that information was revealed in the March 2019 report. Plaintiff Wells argues that she did not realize that she had been sexually harassed until late March 2017. Plaintiff Johnson argues that she only now realizes that she was sexually harassed. And, Doe argues that she did not realize she had been sexually assaulted until years later. With the exception of Dutchuk's claims based on the sexually suggestive photographs, plaintiffs had enough information that they had \"traditional\", \"post-reporting\", or \"individual\" Title claims against the University defendants prior to May 14, 2017. Hernandez v. Baylor Univ., 274 F. Supp. 3d 602, 612 (W.D. Tex. 2017); Karasek, 948 F.3d at 1168. Such claims are based on allegations that a plaintiff was sexually harassed or assaulted, that she 3/15/25, 12:33 Dutchuk v. Yesner, No. 3:19-cv-0136 \| Casetext Search + Citator 11/17 reported the harassment or assault to the university, and that the university's \"deliberately indifferent response to that report deprived her of educational opportunities and benefits provided by the school.\" Hernandez, 274 F. Supp. 3d at 612. Plaintiffs have alleged that they knew they were being sexually harassed or assaulted at the time events occurred, that they reported as much to the University, and that their 15 reports were met with indifference. Dutchuk alleges that in 2016, she reported to Dean John Petraitis that \"Yesner had sexually harassed her and then retaliated against her.\" Dutchuk alleges that her report was met with indifference. Wells alleges that she \"reported her experiences with Defendant Yesner [which occurred in 2015-2016] to her University of Alaska Graduate Committee Member[.]\" Wells avers that her reports were met \"with apathy[.]\" Johnson alleges that she voiced her concerns about Yesner's behavior after the holiday party in 2014. And Doe alleges that in 1992, she reported that Yesner had sexually assaulted her \"to one of her female colleagues who in turn reported the incident to the Department Chair of the Anthropology Department at the time.\" Doe alleges that her report \"was met with a shrug by the Department and no investigation was launched.\" Plaintiffs also allege that the University defendants \"had actual knowledge of [p]laintiffs' sexual harassment at the hands of Defendant Yesner from the time [p]laintiffs reported this harassment to a then professor and now the Chair of the Anthropology Department, the Provost's Office, the Dean and the Chancellor in 2011, 2013, 2016 and 2017 respectively. 16 . . .\" Taking these factual allegations as true, as the court must on a Rule 12(b)(6) motion to dismiss, the court concludes that plaintiffs had sufficient information to know that they had traditional or post-reporting Title claims against the University defendants prior to May 14, 2017. It is not plausible, as plaintiffs contend in their briefing, that they did not know they were being sexually harassed or sexually assaulted at the time of the alleged harassment or assault. With the exception of Dutchuk's traditional or post-reporting Title claims which are based on the sexually suggestive photographs, plaintiffs' traditional or post-reporting Title claims accrued prior to March 14, 2017 and thus are time-barred. 15 48 49 50 51 52 53 54 16 55 48 Second Amended Complaint at 6, \u00b6 17, Docket No. 47. 3/15/25, 12:33 Dutchuk v. Yesner, No. 3:19-cv-0136 \| Casetext Search + Citator 12/17 49 Id. 50 Id. at 7-8, \u00b6\u00b6 20-21. 51 Id. at 8, \u00b6 21. 52 Id. at 38, \u00b6 122. 53 Id. at 8, \u00b6 22. 54 Id. 55 Id. at 50, \u00b6 174. Contrary to plaintiffs' arguments, these claims cannot be saved by the doctrines of fraudulent concealment and equitable estoppel. \"'[A] party who fraudulently conceals from a plaintiff the existence of a cause of action may be estopped to plead the statute of limitation if the plaintiff's delay in bringing suit was occasioned by reliance on the false or fraudulent representation.'\" Sharrow v. Archer, 658 P.2d 1331, 1333 (Alaska 1983) (quoting Chiei v. Stern, 561 P.2d 1216, 1217 (Alaska 1977)). \"In order to establish equitable estoppel, 'a plaintiff must produce evidence of fraudulent conduct upon which it reasonably relied when 17 forebearing from the suit.'\" Waage v. Cutter Biological Div. of Miles Laboratories, Inc., 926 P.2d 1145, 1149 (Alaska 1996) (quoting Pedersen v. Zielski, 822 P.2d 903, 908-09 (Alaska 1991)). \"The fraudulent conduct may be either an affirmative misrepresentation, or a failure to disclose facts where there is a duty to do so.\" Id. 56 17 56 Plaintiffs also make reference to the doctrine of equitable tolling. While both equitable tolling and equitable estoppel \"serve to excuse an untimely filing, they differ in that equitable estoppel turns on wrongdoing by the party invoking the statute of limitations, while our equitable tolling rule looks only to the claimant's circumstances\u2014whether he has pursued an alternative remedy that proved unavailing.\" Kaiser v. Umialik Ins., 108 P.3d 876, 880 (Alaska 2005). Plaintiffs' argument focuses on what they allege the University defendants did, not on allegations that they pursued alternative remedies. Accordingly, the doctrine of equitable tolling has no application here. 3/15/25, 12:33 Dutchuk v. Yesner, No. 3:19-cv-0136 \| Casetext Search + Citator 13/17 These doctrines have no application here. As discussed above, plaintiffs have alleged that they knew about Yesner's conduct and that they knew that the University was doing nothing about it. As such, fraudulent concealment and equitable estoppel cannot save plaintiffs' untimely traditional Title claims. As noted above, Dutchuk's traditional or post-reporting Title claims which are based on the sexually suggestive photographs are timely. But, these claims are still subject to dismissal. In order to prevail on these claims, Dutchuk must show that the University defendants, among other things, had actual knowledge of the harassment\" and \"acted with deliberate indifference to the harassment[.]\" Karasek, 948 F.3d at 1162 (citation omitted). In order to show deliberate indifference, Dutchuk \"must demonstrate that the school's actions amounted to 'an official decision . . . not to remedy' the\" harassment. Id. (quoting Oden v. N. Marianas Coll., 440 F.3d 1085, 1089 (9th Cir. 2006)). There are no allegations that the University defendants knew about the suggestive photographs prior to March 2019 and there are no allegations that University defendants decided not to remedy this harassment after learning about the photographs. Rather, plaintiffs allege that it was only after the March 2019 report was released, that the University defendants took any action against Yesner, 18 specifically banning him from campus and \"from affiliating with the University of Alaska.\" Thus, to the extent that Dutchuk's traditional or post-reporting Title claims are based on the sexually suggestive photographs, while timely, those claims are implausible. 18 57 57 Second Amended Complaint at 14, \u00b6 34, Docket No. 47. In addition to traditional or post-reporting Title claims, a plaintiff may assert a pre-assault or pre-harassment Title claim. Karasek, 948 F.3d at 1169. [A] pre-assault claim should survive a motion to dismiss if the plaintiff plausibly alleges that (1) a school maintained a policy of deliberate indifference to reports of sexual misconduct, (2) which created a heightened risk of sexual harassment (3) in a context 3/15/25, 12:33 Dutchuk v. Yesner, No. 3:19-cv-0136 \| Casetext Search + Citator 14/17 Id. This type of Title claim is subject to the same statute of limitations as a traditional or post-reporting Title claim. Hernandez, 274 F. Supp. 3d at 616. 19 Id. at 614 (internal citations omitted). Baylor moved to dismiss these claims on statute of limitations grounds, but the plaintiff \"argue[d] that her claims under Title did not accrue until early 2016, when later investigations revealed Baylor's alleged role in her assault.\" Id. at 616. The court agreed with the plaintiff, explaining subject to the school's control, and (4) the plaintiff was harassed as a result. Plaintiffs suggest that to the extent that they have alleged pre-assault or pre- harassment Title claims, these claims did not accrue until March 15, 2019, when the report about Yesner's conduct was released. Plaintiffs cite to Hernandez, 274 F. Supp. 3d 602, in support of this argument. There, the plaintiff was sexually assaulted in 2012 by a member of the Baylor football team. Id. at 610. The plaintiff brought Title claims against Baylor, including what the court referred to as pre-assault claims. These pre-assault claims were based on allegations that Baylor failed to address and actively concealed sexual violence committed by its football players for several years; that univer- 19 sity staff were repeatedly and directly informed of sexual assaults committed by football players and neither reported the misconduct nor conducted appropriate investigations; and that those actions gave rise to an \"overall perception that football was above the rules and that there was no culture of accountability for misconduct[.]\" that it is not evident from the pleadings that [her pre-assault] claim is time-barred. Plaintiff was sexually assaulted by Elliott on April 15, 2012. She alleges that she \"first became aware of Baylor's deliberate indifference to a known issue of sexual misconduct within its football program in May of 2016,\" when the Pepper Hamilton report was released. (Second Am. Compl., Dkt. 53, \u00b6 84). Thus, while [the p]laintiff certainly knew of her injury\u2014the sexual assault\u2014in 2012, 3/15/25, 12:33 Dutchuk v. Yesner, No. 3:19-cv-0136 \| Casetext Search + Citator 15/17 Id. Plaintiffs argue that similarly here, they first became aware of the University's deliberate indifference to sexual misconduct by Yesner, which had been going on for years, when the March 2019 report was released. Thus, plaintiffs argue that their pre-assault or pre-harassment claims are not time-barred. based on her allegations, she had no reason to know of Baylor's role in causing the assault until 2016. The problem with this argument is that plaintiffs have not alleged such claims in their second amended complaint. Although plaintiffs have alleged some facts that suggest that they might have such claims, a fair reading of the second amended complaint leads to the 20 conclusion that they have not actually alleged pre-harassment or pre-assault Title claims. This is not surprising given that the Ninth Circuit first recognized this theory of Title liability in Karasek, issued on January 30, 2020, which was after plaintiffs filed their second amended complaint. Because the court concludes that plaintiffs' second amended complaint does not allege pre- harassment or pre-assault Title claims, the court need not determine, at this juncture, whether such claims would be plausible or timely. The court will, however, give plaintiffs an opportunity to amend their complaint to add pre-assault or pre-harassment Title claims, if plaintiffs believe that they have such claims that would be both plausible and timely. 20 Conclusion The University defendants' motion to dismiss is granted. Plaintiffs' Dutchuk, Wells, Johnson and Doe VI's traditional or post-reporting Title claims in Counts I, II, and are dismissed as untimely. Plaintiffs are not given leave to amend these claims as any amendment would be futile. See V.V.V. & Sons Edible Oils Limited v. Meenakshi Overseas, LLC, 946 F.3d 542, 547 (9th Cir. 2019) (quoting Chappel v. Lab. Corp. of Am., 232 F.3d 719, 725- 26 (9th Cir. 2000)) (\"'[a] district court acts within its discretion to deny leave to amend when amendment would be futile'\"). Plaintiffs are however given leave to 21 amend their complaint to add plausible, timely pre-assault or pre-harassment Title claims. Should plaintiffs elect to file a third amended complaint, they must do so by May 4, 2020. 58 59 21 3/15/25, 12:33 Dutchuk v. Yesner, No. 3:19-cv-0136 \| Casetext Search + Citator 16/17 58 Docket No. 54. 59 Plaintiffs in this sentence include Annalisa Heppner and Liz Ortiz at Anchorage, Alaska, this 9th day of April, 2020. /s/ H. Russel Holland United States District Judge About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 3/15/25, 12:33 Dutchuk v. Yesner, No. 3:19-cv-0136 \| Casetext Search + Citator 17/17"}
8,520	David Jubb	Linfield College	[ "8520_101.pdf", "8520_102.pdf", "8520_103.pdf", "8520_102.pdf", "8520_103.pdf", "8520_102.pdf", "8520_103.pdf" ]	{"8520_102.pdf": "By Jeb Bladine \u2022 President / Publisher \u2022 December 10, 2021 \uf02f Bladine: Inside elements of David Jubb cases Waves generated by the alleged sexual transgressions of former Linfield University Trustee David Jubb evolved into a tsunami of controversy, recriminations and, ultimately, positive changes at Linfield. In November, Jubb\u2019s plea bargain and light sentence shocked many people, including an reader who submitted this post online: \u201cMr. Jubb was able to convince the DA\u2019s office and an experienced judge that he could sexually assault college age girls and not only avoid any jail time, but also avoid ever even having to admit any guilt. Can you imagine \u2026 if he had been a regular joe without prominence in the community and without the money to buy expensive, high-powered, out of town legal representation? We\u2019ve still got a long way to go as a society.\u201d 3/15/25, 12:55 Bladine: Inside elements of David Jubb cases 1/3 Only insiders to the criminal and civil cases understand the Jubb settlement, and no one is talking. But here\u2019s a possible explanation based on an unreported piece of the legal process and a believable story of back-room negotiations. Jubb\u2019s future looked bleak when his May 6, 2020 indictment listed eight alleged sexual crimes \u2013 five involving three Linfield students in 2017, and three more charges involving one Linfield student in 2019. All were misdemeanors except for one alleged felony from 2019, but taken together they appeared to show a guilt- inducing pattern of behavior. In June, Jubb\u2019s attorney submitted a scholarly 15-page motion to sever the 2017 and 2019 incidents into two separate trials. That motion seemed destined to win, putting the more serious 2019 charge at risk from a she- said-he-said trial with no underlying pattern of behavior in evidence. That motion was left unanswered in court records, but clearly it jump-started an extended plea bargaining period. And that\u2019s where the believable story comes in source with inside ties said an imposing member of the judicial system pulled together attorneys from multiple related criminal and civil cases. When the dust settled, one Linfield student gained a financial settlement; Jubb received a costly and stern hand- slapping perhaps beyond what might have resulted at 3/15/25, 12:55 Bladine: Inside elements of David Jubb cases 2/3 trial; and all parties, including Linfield, avoided two costly, contentious, very public trials. So, the Jubb criminal and civil cases are resolved, leaving only a potential payoff for the Linfield professor who lost his job during the on-campus storm that evolved in the aftermath of the Jubb indictment. Efforts to gain justice, as these cases showed, don\u2019t always paint a pretty picture; the secret elixir is what we do with the results. Jeb Bladine can be reached at [email protected] or 503-687-1223. 3/15/25, 12:55 Bladine: Inside elements of David Jubb cases 3/3", "8520_103.pdf": "15, 2025 contribute now In The News Whooping cough Census data\ud83d\udcc9 Civil rights investigation Radicchio OR's internafi Linfield University board chair steps down after continuing scrutiny By Meerah Powell (OPB) Sept. 15, 2021 11:38 a.m. David Baca, and other Linfield leaders, had come under scrutiny for mishandling complaints of sexual harassment student walks out of the Riley Center on the campus of Linfield University in McMinnville, Ore., Tuesday, May 21, 2019. The small private university has weathered controversy recently, with the high-profile departure of a faculty member who drew attention to accusations of sexual harassment by school leaders. Bradley W. Parks The Sam Sanders Show 3/15/25, 12:55 Linfield University board chair steps down after continuing scrutiny 1/3 Linfield University announced Tuesday that the chair of its Board of Trustees, David Baca, has stepped down from the leadership post after four years, including a tumultuous last several months at the private college in McMinnville. Baca has been on the board for13 years. \u201cDave decided it was in Linfield\u2019s best interest that he step down and allow new leaders to come to the forefront,\u201d Linfield spokesperson Scott Nelson said in a statement. Although he is stepping down as chair, Baca will still serve on the board. Baca came under scrutiny most recently earlier this year when former faculty member Daniel Pollack-Pelzner brought to light allegations of harassment and anti-Semitism among Linfield leadership. Multiple organizations, including the Oregon Board of Rabbis, called for both Baca and university president Miles Davis to resign. Last year, Linfield\u2019s faculty assembly voted it had no confidence in Baca, specifically in his ability to handle sexual harassment reporting, according to reporting from Linfield\u2019s student newspaper \u2014 The Linfield Review. That was related to complaints of misconduct about former board member David Jubb, who was indicted last year on multiple counts of sexual abuse \u2014 some of those counts relating to a female Linfield student who filed a federal lawsuit in 2019 against Jubb. Earlier this year, Linfield\u2019s College of Arts and Sciences held a similar vote \u2014 signifying no confidence and calling for the resignation of both Baca and Davis. The board\u2019s vice-chair, Kerry Carmody, will become interim chair on Oct. 1. Linfield President Davis said in a statement that Carmody has \u201cthe experience and enthusiasm to lead Linfield through this period of transformation and growth.\u201d He continued: \u201cHe will bring fresh ideas and perspectives and shares our commitment to re-envisioning learning, challenging students to explore greater possibilities and building a welcoming and supportive community.\u201d Carmody has been on the board since 2008 am honored to serve this great institution as Interim Chair. It is exciting to be part of Linfield during this time of evolution and progress, and look forward to working with faculty, staff, administration and the Linfield community as we design and begin our The Sam Sanders Show 3/15/25, 12:55 Linfield University board chair steps down after continuing scrutiny 2/3 new strategic planning process,\u201d Carmody said in a statement. \u201cAs Linfield adapts to meet the needs of a new generation of students and the demands of a quickly evolving world of higher education, the Board also has to adapt and change. That is our challenge and our charge.\u201d \ud83d\udce8 Daily news in your inbox Sign up today for OPB\u2019s \u201cFirst Look\u201d \u2013 your daily guide to the most important news and culture stories from around the Northwest Sign up Stand with and protect independent journalism for everyone. Make a Sustaining contribution now & Radio Schedules Sponsorship Help Center Manage My Membership Contact Us Notifications Privacy Policy Public Files Applications Terms of Use Editorial Policy Contest Rules Accessibility \uf013 The Sam Sanders Show 3/15/25, 12:55 Linfield University board chair steps down after continuing scrutiny 3/3"}
8,532	Daniel Orozco	University of Texas ‚Äì Austin	[ "8532_101.pdf" ]	{}
7,214	Robert Kane	Arizona State University	[ "7214_101.pdf", "7214_102.pdf" ]	{}
8,788	Daniel Howard	Augustana University	[ "8788_101.pdf" ]	{}
7,336	Rod Chesnutt	Florida Gulf Coast University	[ "7336_101.pdf", "7336_102.pdf", "7336_103.pdf", "7336_104.pdf", "7336_105.pdf", "7336_101.pdf", "7336_102.pdf", "7336_104.pdf", "7336_105.pdf", "7336_101.pdf", "7336_102.pdf", "7336_104.pdf", "7336_105.pdf" ]	{"7336_101.pdf": "Whistleblower says knew of professor's alleged sexual misconduct for years former Florida Gulf Coast adjunct professor says he told the university about Dr. Rod Chesnutt's alleged sexual harassment towards students years prior to the school conducting an internal investigation. Posted 11:31 a.m. May 26, 2018 - Updated 11:27 a.m. May 26, 2018 By Staff former Florida Gulf Coast adjunct professor says he told the university about Dr. Rod Chesnutt's alleged sexual harassment towards students years prior to the school conducting an internal investigation. \"For five years the university knew - six years and did nothing,\" said Bill Larsen, the former adjunct professor in the music program. Larsen says he worked for the university for six years. In 2012, he says multiple students came to him claiming they were getting sexually harassed by Dr. Chesnutt went straight to the interim and sent my students to the dean of college of arts and science,\" said Larsen. Larsen says he was told the university was handling the situation. Two months later he was sent an email stating his contract was not renewed, while Dr. Chesnutt continued to work at the school. Former student Tax Pros on Call: Get your tax filing questions answered 58 3/15/25, 11:21 Whistleblower says knew of professor's alleged sexual misconduct for years 1/5 Victor Frumoff, says as a male student he was passed up routinely by female students who were victims of Chesnutt's sexual harassment. \"No amount of talent was going to bring me success...he was the gate keeper and he was keeping it shut for me,\" explained Frumoff. In 2017 conducted an internal investigation into the allegations. Five complainants claimed Chesnutt would do things such as make remarks on their clothes, ask them on dates, and touch them inappropriately. In the summary, it states: [It was] unwelcome behavior that was severe, persistent and pervasive. \"You needed to curry his favor, but to watch out for his advances,\" said Frumoff, describing the culture of the music program. \"You had to tiptoe that fine line.\" Frumoff says he also came forward about Chesnutt's behavior in 2012. Fox 4 asked if they knew of the allegations prior to conducting the 2017 investigation spokesperson gave this statement: \"Last year (2017) when information came to the University's attention about possible wrongdoing by professor Rod Chesnutt (this is the correct spelling), we immediately began a comprehensive investigation through our Office of Institutional Equity and Compliance, and Title IX. Dr. Chesnutt was placed on administrative leave and relieved of his duties pending the outcome of the investigation. While the investigation was under way and became public knowledge, some additional students came forward with related concerns. Their concerns, also, were investigated as we place a very high priority on ensuring that our students have a supportive and safe environment in which to learn. Before the investigation was completed, Dr. Chesnutt resigned from his position at FGCU. Regardless, we completed the investigation and issued an investigation report. 3/15/25, 11:21 Whistleblower says knew of professor's alleged sexual misconduct for years 2/5 Mr. William Larsen previously worked as an adjunct at FGCU...He was not in a regular employee position and did not have an employment contract. Adjuncts are hired on a semester by semester basis when there is a need for a temporary worker to teach a course as enrollment demand warrants.\" Frumoff says he ended up transferring and leaving the music business altogether. \"Almost everybody that came forward with me was forced out of the program and every staff member was fired,\" he explained. For Larsen, he says it's his former students that deserve an apology from Chesnutt. \"Not to me. I'm okay came out of this okay. But some of my students didn't.\" Related WeatherCenter Forecast Get the app Local news & alerts \u00b7 2:28 \u00b7 24:54 \u2023 3/15/25, 11:21 Whistleblower says knew of professor's alleged sexual misconduct for years 3/5 People of Careers Contests Help Ways to Reach Us Send tips, photos or videos Submit a correction Advertise with Us Newsletters & Alerts Our Apps Listings Family wants answers about man killed in Raleigh crash Evening Pick 3 Pick 4 and Cash 5 Daytime Pick 3 and Pick 4 Drawing Senate debates bill to undo climate regulations on Duke Energy Copyright 2025 by Cable News Network, Inc., a Time Warner Company. All rights reserved \u00b7 1:27 \u00b7 1:22 \u00b7 45:41 \u2023 \u2023 Raleigh Durham \u2022 Fayetteville \u2022 3/15/25, 11:21 Whistleblower says knew of professor's alleged sexual misconduct for years 4/5 Terms of Use Advertising Terms and Conditions Privacy Policy Ad Choices Raleigh Wilmington Public File Applications Closed Captioning \u00a92023 Capitol Broadcasting Company, Inc. 3/15/25, 11:21 Whistleblower says knew of professor's alleged sexual misconduct for years 5/5", "7336_102.pdf": "Ex professor testified in 2001 he had sex with student while teaching at University of Nebraska Published 1:06 p.m Nov. 30, 2017 When Florida Gulf Coast University hired Rod Chesnutt to join its music faculty in 2006, it didn't know this: In 2001, Chesnutt testified during a deposition that he had sex with a student and kissed two others when he worked at another university. The conduct happened when Chesnutt was employed at the University of Nebraska, where he was the assistant director of bands and his responsibilities included teaching music courses and directing the Cornhusker Marching Band. \"As far as us and our involvement in the story ..., this is the first to my knowledge that the university has ever heard about it and that was from you,\" said Susan Evans, the university's longtime chief of staff and spokeswoman. Now, Chesnutt's conduct at is under scrutiny. The investigation of Chesnutt began in August after the university received information suggesting he may have engaged in unprofessional and unethical behavior won't provide any specifics about the allegations because it is still investigating. The revelation of Chesnutt's conduct at Nebraska comes at a time when there is heightened awareness of how men conduct themselves around women. Women have made sexual harassment and other sexual misconduct allegations Thyrie Bland Naples 3/15/25, 11:21 Ex professor testified he had sex with student while teaching at University of Nebraska 1/7 against powerful men in an array of professions, ranging from entertainment and politics to journalism. Rod Chesnutt: Former associate professor resigns amid investigation Oct. 4 email: 'No plans for Rod to return this year' Rod Chesnutt investigation: Letter to students The avalanche of allegations began after The New York Times published a story in October, detailing allegations against Hollywood producer Harvey Weinstein. \"Of course, it's unethical to kiss a student or sleep with a student,\" said Billie Dziech, a University of Cincinnati professor who has studied student-professor relationships. \"What it's about is the power dynamics. It's the same thing as all these women coming forward.\" Chesnutt could not be reached for comment. The News-Press attempted to contact him by phone and through an email address that he has used to communicate with FGCU. Chesnutt, 59, who was a faculty member at for 11 years, resigned in October. He worked in the Bower School of Music and The Arts, where he was the head of instrumental studies and the Wind Orchestra conductor. Chesnutt was sued in federal court in 2000 Elisa Lowin, one of Chesnutt's former Nebraska students, filed a federal lawsuit in 2000 against him, one of his bosses at Nebraska and the school's board. She alleged she had a sexual relationship with Chesnutt and complications related to that relationship caused her to attempt suicide in 1998 by jumping off a bridge. Lowin made several claims in her lawsuit, including that the university's music school conspired against her as a result of her relationship with Chesnutt judge 3/15/25, 11:21 Ex professor testified he had sex with student while teaching at University of Nebraska 2/7 dismissed the lawsuit in 2002, ruling that the lawsuit failed to meet several legal standards. Chesnutt said during his Nov. 26, 2001, deposition that he never had any form of sex with Lowin, but he did kiss her and touch her breasts in 1997 while in Arizona for a Kappa Kappa Psi convention. Lowin, 41, of Omaha, Nebraska, said in an interview with The News-Press that her former husband persuaded her to file the lawsuit against Chesnutt didn't actually want to for obvious reasons,\" she said. \"Really, what happened between he and I, nobody else was there, so it was a he said, she said type of deal,\" she said would have much rather put it behind me. My ... ex-husband, at the time, really wanted me to pursue it because he thought it would bring some closure.\" Rod Chesnutt: Read the federal lawsuit Rod Chesnutt: Read the judge's ruling Lowin, a math teacher and mother of two daughters, said it was quite a while before she realized the relationship was inappropriate. \"Yeah, sadly enough didn't realize something was wrong with it during it,\" she said. \"Even after the (suicide attempt still didn't realize anything was wrong with how our relationship had ended up. It wasn't until had professionals help me get past all that and talk to me about what's appropriate and what's not appropriate and all that stuff.\" Dziech, a University of Cincinnati English professor, said the way universities deal with professor-student sexual relationships vary. She said some have policies forbidding it, others just discourage it, and some \"just say nothing.\" 3/15/25, 11:21 Ex professor testified he had sex with student while teaching at University of Nebraska 3/7 \"It's been terrible, terrible behavior,\" said Dziech, who has worked at the University of Cincinnati for more than 30 years. \"It's one of the worst kept forever secrets of my profession has had issues with professors being accused of harassing students. In 2008, an adjunct professor was fired after he was accused of sexually harassing a student, including trying to kiss the student. An instructor was suspended that same year after multiple female students complained of sexual harassment and unwanted advances adopted a policy in 2009 banning student-professor relationships. \"The University has determined that there is an inherent conflict of interest when a faculty member and a student simultaneously maintain both an educational relationship and a consensual dating, amorous, intimate or sexual relationship,\" the policy states. In 1990, the University of Nebraska's Academic Senate endorsed an ethics statement that discourages romantic relationships between students and professors. Lowin began attending the University of Nebraska in 1994 when she was 18 years old. She was an electrical engineering major and a trumpet player in the marching band. Lowin switched her major to math education before settling on music as a sophomore. Chesnutt was 37 years old when he started working at the University of Nebraska. He moved to Nebraska in 1995 after earning a doctorate in music education at Florida State University. He went to after stints as director of bands in one Arkansas public school system and the instrumental music coordinator at another district in the state. Rod Chesnutt receives new information in misconduct investigation 3/15/25, 11:21 Ex professor testified he had sex with student while teaching at University of Nebraska 4/7 Chesnutt and Lowin discussed details of their relationship in separate depositions that took place three months apart. Transcripts of their testimony are part of the lawsuit's court file. Lowin alleged during her deposition that she and Chesnutt had intercourse during the 1997 Arizona trip. She testified she performed sex acts on Chesnutt twice \u2014 once at his home shortly after the trip and at his office before the 1997-98 school year started. Chesnutt was asked during his deposition whether he had relationships with other students at the University of Nebraska. He named two other students. He testified that he kissed a music student in 1996 was enthralled with (her) ..., but she was not interested,\" Chesnutt said. He testified he had an affair in 1997 with another music student who was a senior at the time and was 22 or 23 years old. He said they had four sexual encounters, including two in his school office doesn't conduct civil background checks When Chesnutt applied for a faculty position at in 2006, the school was not conducting criminal background checks on most job applicants or checking to see if applicants had been involved in any civil litigation, Evans said began requiring all of its job applicants to agree to a criminal background after its board passed a policy in 2012. The school still does not check to see if applicants have been involved in civil litigation, Evans said. Chesnutt provided with a long list of references when he applied for a job at the school contacted four of the references and asked if there was anything 3/15/25, 11:21 Ex professor testified he had sex with student while teaching at University of Nebraska 5/7 that they knew about Chesnutt that should be concerned about. They all answered no. The employment application that Chesnutt filled out asked if he had ever been convicted of a felony. Chesnutt marked no. There isn't a section on the application that asks about civil litigation. Judith Callahan, a lecturer at the University of Florida's Warrington College of Business, said it is not unusual for employers not to check on whether applicants have been sued. \"Now on the criminal side, that's a whole different story because that speaks to character and other things as well, so it's much more common,\" she said.\" Now do know (employers) are trying to use as much as they can today to do the background checks, but that's an interesting question: Why don't we do more civil backgrounds than we are currently doing?\" Tallahassee attorney Rick Johnson said it's difficult for employers to try to find out if applicants have been sued. He said there are central repositories for criminal information, but there is nothing comparable for civil litigation. \"You would pretty much have to know where to look,\" said Johnson, an attorney for 27 years who has expertise in labor and employment issues and sexual harassment. \"There is no cost-effective way to search the whole 50 states and even some overseas places in a quest for civil suits.\" FGCU: Wind Orchestra to perform in New York Chesnutt left the University of Nebraska in 1998. He testified that in January of that year he met with his bosses and was informed that his three-year contract was not going to be renewed. 3/15/25, 11:21 Ex professor testified he had sex with student while teaching at University of Nebraska 6/7 One of Chesnutt's bosses at Nebraska \u2014 former music school Director Lawrence Mallett \u2014 was one of the defendants in the 2000 lawsuit. He also was deposed after the lawsuit was filed. Among the questions he was asked was why was Chesnutt let go. Mallett cited two reasons during his testimony: students' evaluations of Chesnutt and the marching band's performance at the 1998 Orange Bowl. He testified Chesnutt's evaluations got \"progressively worse,\" and \"it was time for a change.\" Chesnutt landed a job at the University of West Georgia as director of bands when his contract was not renewed at Nebraska. He was working as director of bands at Mississippi State University when the 2000 lawsuit was filed. Chesnutt worked at the University of Northern Iowa as chair of Ensembles and Conducting after he left Mississippi State. He came to after leaving the University of Northern Iowa. Mallett sat in on Chesnutt's deposition. Mallett was asked when he testified if he would share what he had heard if another school asked for his opinion of Chesnutt. \"My honest answer to that is would get counseling on that,\" he said. 3/15/25, 11:21 Ex professor testified he had sex with student while teaching at University of Nebraska 7/7", "7336_104.pdf": "\ueddb \uf002 \uf26c Watch Now Quick links... Posted 8:31 PM, Jan 12, 2018 COUNTY, Fla.--- Former Florida Gulf Coast University professor accused of sexual misconduct with students in his class 5 students accuse former professor of misconduct COUNTY, Fla.--- Former Florida Gulf Coast University professor accused of sexual misconduct with students in his class. The University opened up an investigation into the former professor, Dr. Rod Chesnutt, on August 25, 2017 when Office of the Provost was given a flash drive that contained photos of students in bathing suits. Menu 3/15/25, 11:21 Former professor accused of harassment 1/3 \ueddb The University opened up an investigation into the former professor, Dr. Rod Chesnutt, on August 25, 2017 when Office of the Provost was given a flash drive that contained photos of students in bathing suits. According to an report, Chesnutt admitted to having in inappropriate relationship with a student. Five students have come forth claiming harassment from Chesnutt on separate occasions. One student accuses the former professor of making comments about her physical appearance and the clothes that she wore; while another student says they were afraid to report Chesnutt because he \"had a lot of power in the school and music community.\" Chesnutt served as the head of Instrumental Studies at Florida Gulf Coast University and was also the conductor of the FGCU's Wind Orchestra. According to reports, Chesnutt resigned from his position in October 2017, almost two months after the Office of Academic Affairs notified him that he was being investigated for claims of \"unprofessional and unethical\" behavior witness statement also accuses Chesnutt of treating them differently when they refused to accept his sexual advances. The victim, who was currently Chesnutt students, says that he asked them to come with him to dinner and to stay in his hotel. The victim says they told Chesnutt that they weren't interested but he kept insisting. The Office of Institutional Equity and Compliance (OIEC) says as they continue their investigation they have found enough of evidence that the former professor, Dr. Chesnutt, harassed the victims. The is responsible for ensuring that the University's and those who work for them follow the Educational Amendments. 3/15/25, 11:21 Former professor accused of harassment 2/3 \ueddb Weather Traffic News Money Entertainment Don't Waste Your Money Support Sitemap Do Not Sell My Info Privacy Policy Privacy Center Journalism Ethics Guidelines Terms of Use Careers Public File Application Public File Contact 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 Copyright 2018 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. Sign up for the Headlines Newsletter and receive up to date information. E-mail Submit \uf09a \ue61b 3/15/25, 11:21 Former professor accused of harassment 3/3", "7336_105.pdf": "WEIS, an individual, Plaintiff, v. Case No: 2:19-cv-503-FtM-29NPM UNIVERSITY, a political subdivision of the State of Florida, Defendant This matter comes before the Court on defendant\u2019s Motion to Dismiss (Doc. #27) filed on December 6, 2019. Plaintiff filed a Response (Doc. #28) on December 17, 2019 and, with leave of Court (Doc. #30), defendant filed a Reply (Doc. #31) on January 13, 2020. For the reasons set forth below, the motion is denied. I. Plaintiff Kristen Weis (Plaintiff or Weis) initiated this action against the Board of Trustees of Florida Gulf Coast University (Defendant) on July 18, 2019. (Doc. #1.) Plaintiff filed a one-count Amended Complaint (Doc. #20) on November 14, 2019. The Amended Complaint asserts a \u201cteacher-on-student\u201d sexual harassment claim against Defendant under Title of the Education Amendments of 1972, 20 U.S.C. \u00a7 1681 et seq. 2 The events set forth in the Amended Complaint relate to three distinct time periods: Events prior to Plaintiff\u2019s attendance at Florida Gulf Coast University (FGCU); events occurring during Plaintiff\u2019s attendance at FGCU; and events occurring after Plaintiff was no longer a student at FGCU. According to the Amended Complaint (Doc. #20): A. Events Prior to Plaintiff\u2019s Attendance at Prior to his employment at FGCU, Rod Chestnutt (Professor Chestnutt) was a professor at the University of Nebraska. (Doc. #20, \u00b6 14.) Professor Chestnutt has admitted that during his tenure at the University of Nebraska, he had sexual contact with three or four students; he was also named in a 2000 lawsuit by one of his former Nebraska students. (Id. \u00b6\u00b6 16-19.) In 2006, without conducting a criminal background check or a civil litigation check (id. \u00b6\u00b6 21-22 hired Professor Chestnutt \u201cas the head of instrumental studies and the Wind Orchestra conductor.\u201d (Id. \u00b6 20.) Professor William Larsen (Professor Larsen) was an adjunct professor of music at FGCU\u2019s Bower School of Music & the Arts \u201cfrom 2006 through the summer of 2012.\u201d (Id. \u00b6 28.) The Amended Complaint asserts that Professor Larsen had \u201cfirsthand knowledge\u201d that knowingly allowed Professor Chesnutt\u2019s discrimination, harassment, and retaliation to continue. (Id.) 3 It is alleged that in 2008, Professor Chestnutt began stalking a female student by constantly messaging her on social media and delivering her a bottle of alcohol. (Id. \u00b6 24.) No further details are alleged about this stalking. The Amended Complaint alleges that, at some unspecified point after Professor Chestnutt\u2019s hiring but prior to Professor Larsen\u2019s departure from FGCU, Professor Larsen \u201cbegan to notice that [Professor] Chesnutt showed favoritism towards a certain type of female student.\u201d (Id. \u00b6 29.) Professor Larsen is alleged to have determined that Professor Chestnutt allowed unqualified and underperforming female students to pass classes when their performance was not at a passing level, but failed well-qualified and well-performing male students. (Id. \u00b6\u00b6 30-31.) Professor Chestnutt is alleged to have been having sexual relationships and other personal interactions with those female students. (Id. \u00b6\u00b6 32-33.) Professor Larsen \u201cobserved Prof. Chesnutt sexually harass a female student and then fail her very well-qualified boyfriend.\u201d (Id. \u00b6 34.) \u201cWhen one female student ended her relationship or rejected [Professor] Chesnutt\u2019s advances,\u201d Professor Larsen observed that Professor Chestnutt \u201cretaliated by assigning poor grades.\u201d (Id. \u00b6 35.) Professor Larsen heard Professor Chestnutt make inappropriate remarks to female students about their appearance and tight-fitting clothing, and \u201cheard reports from 4 several female students that they would skip or purposely cancel meeting with Prof. Chesnutt because they felt that there would be \u2018strings attached\u2019 to a one-on-one meeting with him.\u201d (Id. \u00b6 36.) During the 2012 academic year, Professor Larsen \u201creported this concerning behavior to FGCU\u2019s administration through his department chair,\u201d and reported such behavior \u201cseveral times to administration.\u201d (Id. \u00b6 37.) Professor Larsen also \u201cadvised two female students and a male student to meet with an dean to discuss what was happening, which they did.\u201d (Id.) FGCU\u2019s \u201cdepartment chair had the authority to take appropriate remedial action\u201d upon learning of Professor Larsen\u2019s complaint. (Id. \u00b6 38.) Ultimately \u201ctook no action,\u201d did not \u201copen an informal investigation, a Title investigation or refer any complainant to the Title coordinator.\u201d (Id.) Shortly after making his complaints about Professor Chestnutt\u2019s behavior, Professor Larsen was \u201cinformed that his contract would not be renewed and that his employment with would end.\u201d (Id.) Professor Larsen left in the summer of 2012. (Id. \u00b6 28.) B. Plaintiff\u2019s Attendance at Plaintiff was a student at FGCU\u2019s Bower School of Music & the Arts from the Spring of 2014 through the Spring of 2017. (Doc. #20, \u00b6 11.) Given the dates involved, none of Professor Larsen\u2019s 5 observations or activities involved Plaintiff as the victim of Professor Chestnutt\u2019s conduct. Beginning in 2015, Professor Chestnutt is alleged to have engaged in continuing misconduct directed at Plaintiff. These actions are summarized below: \u2022 At some unspecified point in 2015, while Plaintiff \u201cwas working as a stage manager during a concert,\u201d Professor Chestnutt \u201cput his hand on the small of [Plaintiff\u2019s] back in a sensual manner,\u201d which made Plaintiff feel \u201cextremely uncomfortable.\u201d (Id. \u00b6 39.) \u2022 On or about October 31, 2016, Plaintiff went to Professor Chestnutt\u2019s office in a Halloween costume which included a pink tutu. Professer Chestnutt began leering at Plaintiff, grinning from ear to ear, and then told her she looked really good in pink and had picked a nice day to come to his office. (Id. \u00b6\u00b6 40-41.) \u2022 Also in 2015, Plaintiff met with Professor Chestnutt \u201cto discuss a possible scholarship.\u201d (Id. \u00b6 42.) During that meeting, Professor Chestnutt informed Plaintiff that to qualify for the scholarship, \u201cthere would be \u2018incentives,\u2019 that being that if [Plaintiff] acquiesced to a sexual relationship with him that she would receive her desired scholarship.\u201d (Id.) Plaintiff \u201crejected [Professor] Chesnutt\u2019s proposition and ultimately did 6 not receive a scholarship that semester.\u201d (Id. \u00b6 43.) Plaintiff received the scholarship the following semester, \u201cafter numerous emails to many other individuals at FGCU.\u201d (Id.) \u2022 Professor Chestnut would retaliate against Plaintiff for rejecting his advances by assigning her poor grades. (Id. \u00b6 35.) \u2022 After Plaintiff had rescheduled a \u201cjury\u201d before the school\u2019s music professors, Professor Chestnutt told her in front of students and professors that she needed to make herself \u201cmore available\u201d to her husband, which Plaintiff took to imply that she needed to be more sexually available. (Id. \u00b6\u00b6 44-46.) \u2022 During Plaintiff\u2019s final semester at in 2017, Plaintiff excluded Professor Chestnutt from a junior recital, as was her right. Professor Chestnutt retaliated by making comments such as \u201coh heard you actually passed?\u201d (Id. \u00b6 48.) \u2022 After Plaintiff rejected these advances, and it became clear to Professor Chestnutt that she would not engage in a sexual relationship with him, Plaintiff received an email threatening to kick her out of the music program because she was a threat to herself and others. (Id. \u00b6 49.) 7 \u2022 From 2015 through 2017, Professor Chestnutt frequently commented on Plaintiff\u2019s appearance. Professor Chestnutt made remarks \u201csuch as \u2018good girl, you\u2019re very good at this, aren\u2019t you?\u2019 when referring to [Plaintiff\u2019s] ear training skills,\u201d and \u201cwould often interrupt\u201d Plaintiff to \u201cask her irrelevant personal questions about her appearance . . . while eyeing her up and down.\u201d (Id. \u00b6\u00b6 52-53.) \u2022 Professor Chestnutt \u201coften call[ed] [Plaintiff] into his office to discuss issues that could have been handled via email.\u201d (Id. \u00b6 54.) \u2022 For two years in a row, Professor Chestnutt nominated Plaintiff for a music education scholarship that he funded, even though Plaintiff \u201cwas in a different major (music therapy)\u201d that did not qualify for the scholarship. (Id.) Professor Chestnutt \u201cattempt[ed] to get [Plaintiff] to change her major and take his scholarship.\u201d (Id.) Plaintiff withdrew from in the spring of 2017. (Id. \u00b6 62.) Plaintiff withdrew because she \u201cneeded [Professor Chestnutt\u2019s] endorsement to pass and thus graduate (which she would never get because of his retaliation).\u201d (Id.) Plaintiff does not allege that she, or anyone on her behalf, ever informed any official of this conduct by Professor Chestnutt. 8 C. Events After Plaintiff Left In August of 2017, FGCU\u2019s Provost \u201creceived a flash drive from a student with information pertaining to [Professor] Chesnutt.\u201d (Id. \u00b6 64.) The flash drive contained \u201cprovocative\u201d photographs of some of Professor Chestnutt\u2019s students. (Id. \u00b6 65.) Professor Chestnutt subsequently \u201cadmitted to having an inappropriate relationship with a student while the student was in his class.\u201d (Id. \u00b6 66 then placed Professor Chestnutt on administrative leave and opened an investigation into Professor Chestnutt\u2019s behavior. (Id. \u00b6 67.) Prior to the conclusion of the investigation, Professor Chestnutt resigned from his position. (Id. \u00b6 68.) FGCU\u2019s investigation continued and revealed that five female complainants reported that Professor Chestnutt engaged in misconduct. (Id. \u00b6\u00b6 69-74.) In part, the complainants reported that Professor Chestnutt made comments about their appearance, engaged in unwanted touching, enticed them to engage in sexual relationships, and retaliated against them for rejecting his advances. (Id. \u00b6\u00b6 70-74.) There is no allegation that Plaintiff was one of the five complainants. 9 D. The Cause of Action The Amended Complaint sets forth a one-count claim against the Board of Trustees. Plaintiff alleges a violation of Title because created and/or tolerated a hostile educational environment caused by Professor Chestnutt\u2019s misconduct and FGCU\u2019s failure to do anything about it. (Doc. #20, \u00b6\u00b6 81-84.) More specifically, Plaintiff alleges that discriminated against [her] including but not limited to failing to conduct a prompt investigation of complaints of sexual harassment and failing to implement measures pending an investigation of those complaints described herein . . . .\u201d (Id. \u00b6 87.)1 As a result, Plaintiff \u201csuffered indignity and humiliation and seeks monetary damages . . . .\u201d (Id. \u00b6 88.) II. Under Federal Rule of Civil Procedure 8(a)(2), a Complaint must contain a \u201cshort and plain statement of the claim showing that the pleader is entitled to relief.\u201d Fed. R. Civ. P. 8(a)(2). This obligation \u201crequires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.\u201d Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) 1 The Amended Complaint mentions \u201cretaliation\u201d in several places, which can be another type of discrimination under Title IX. The Court does not read the Amended Complaint as asserting a cause of action for Title retaliation, and if Plaintiff intended otherwise she must seek leave to file another amended complaint. 10 (citation omitted). To survive dismissal, the factual allegations must be \u201cplausible\u201d and \u201cmust be enough to raise a right to relief above the speculative level.\u201d Id. at 555. See also Edwards v. Prime Inc., 602 F.3d 1276, 1291 (11th Cir. 2010). This requires \u201cmore than an unadorned, the-defendant-unlawfully-harmed-me accusation.\u201d Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citations omitted). In deciding a Rule 12(b)(6) motion to dismiss, the Court must accept all factual allegations in a complaint as true and take them in the light most favorable to plaintiff, Erickson v. Pardus, 551 U.S. 89 (2007), but \u201c[l]egal conclusions without adequate factual support are entitled to no assumption of truth,\u201d Mamani v. Berzain, 654 F.3d 1148, 1153 (11th Cir. 2011) (citations omitted). \u201cThreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.\u201d Iqbal, 556 U.S. at 678. \u201cFactual allegations that are merely consistent with a defendant\u2019s liability fall short of being facially plausible.\u201d Chaparro v. Carnival Corp., 693 F.3d 1333, 1337 (11th Cir. 2012) (citations omitted). Thus, the Court engages in a two- step approach: \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. 11 III. Put succinctly, \u201cTitle prohibits sex discrimination by recipients of federal education funding.\u201d Jackson v. Birmingham Bd. of Educ., 544 U.S. 167, 173 (2005). The pertinent statute provides that \u201c[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.\u201d 20 U.S.C. \u00a7 1681(a). The Supreme Court has recognized an implied private right of action under Title IX, Cannon v. University of Chicago, 441 U.S. 677 (1979), and that money damages are available in such suits. Franklin v. Gwinnett County Public Schools, 503 U.S. 60 (1992). Among other things, the Supreme Court has held that a teacher\u2019s sexual harassment of a student can constitute actionable discrimination under Title for which money damages are available. Franklin, 503 U.S. at 74-75; Gebser v. Lago Vista Indep. Sch. Dist., 524 U.S. 274, 285 (1998); see also Doe v. Sch. Bd. of Broward County, Fla., 604 F.3d 1248, 1254 (11th Cir. 2010); Sauls v. Pierce Cty. Sch. Dist., 399 F.3d 1279, 1283 (11th Cir. 2005). The Eleventh Circuit has instructed that the Court\u2019s analysis in a \u201cteacher on student\u201d discrimination case is governed by Gebser. 12 In Gebser, the Supreme Court made plain that not all sexual harassment by teachers is sufficient to impose liability on a school district. Because \u201cTitle is predicated upon notice to an \u2018appropriate person\u2019 and an opportunity to rectify any violation,\u201d id. at 290, 118 S.Ct. at 1999 (citing 20 U.S.C. \u00a7 1682), the Court explained that school districts may not be held liable on a theory of respondeat superior or mere constructive notice, id. at 285, 118 S.Ct. at 1997. Rather, Title liability arises only where \u201can official of the school district who at a minimum has authority to institute corrective measures on the district's behalf has actual notice of, and is deliberately indifferent to, the teacher's misconduct.\u201d Id. at 277, 118 S.Ct. at 1993. Therefore, applying the Gebser framework to the summary judgment context requires three related inquiries. First, the plaintiff must be able to identify an \u201cappropriate person\u201d under Title IX, i.e., a school district official with the authority to take corrective measures in response to actual notice of sexual harassment. See Floyd v. Waiters, 171 F.3d 1264, 1264 (11th Cir. 1999). Second, the substance of that actual notice must be sufficient to alert the school official of the possibility of the Title plaintiff's harassment. See Gebser, 524 U.S. at 291, 118 S.Ct. at 2000. And finally, the official with such notice must exhibit deliberate indifference to the harassment. See Sauls, 399 F.3d at 1284. Broward, 604 F.3d at 1254; see also J.F.K. v. Troup County School Dist., 678 F.3d 1254, 1255-56 (11th Cir. 2012). Tweaking Broward to account for the difference in the motion to dismiss standard, a plaintiff must plausibly set forth in his or her complaint: (1) the identity of an \u201cappropriate person,\u201d i.e., a school official \u201cwith the authority to take corrective measures in response to actual notice of sexual harassment\u201d; (2) that the substance of that actual notice was sufficient to alert the school official of the possibility of the Title plaintiff's harassment; and (3) 13 that the school official with such notice exhibited at least deliberate indifference to the harassment. IV. Defendant argues that it is entitled to dismissal of the Amended Complaint because Plaintiff has failed to plausibly plead all three of the required elements of a \u201cteacher-on-student\u201d Title cause of action. The Court will address each argument below. A. \u201cAppropriate Official\u201d Defendant argues that Plaintiff failed to allege that an \u201cappropriate official\u201d had knowledge of Professor Chestnutt\u2019s alleged harassment of Plaintiff. (Doc. #27, p. 8.) Acknowledging that Plaintiff alleges Professor Larsen complained of Professor Chestnutt\u2019s behavior to his department chair, Defendant disputes \u201cthat FGCU\u2019s \u2018department chair\u2019 is an appropriate person with authority [to] correct [] harassment\u201d under Title IX. (Id.) For Title purposes, [a]n \u201cappropriate person\u201d under \u00a7 1682 is, at a minimum, an official of the recipient entity with authority to take corrective action to end the discrimination. Consequently, in cases like this one that do not involve official policy of the recipient entity, we hold that a damages remedy will not lie under Title unless an official who at a minimum has authority to address the alleged discrimination and to institute corrective measures on the recipient's behalf has actual knowledge of discrimination in the recipient's programs and fails adequately to respond. Gebser, 524 U.S. at 290. The official must be \u201chigh enough up the chain-of-command that his acts constitute an official decision by 14 the [educational institution] itself not to remedy the misconduct.\u201d Floyd v. Waiters, 171 F.3d 1264 (11th Cir. 1999). Here, the Amended Complaint alleges that Professor Larsen made a complaint to his department chair about Professor Chestnutt\u2019s alleged misconduct, and that the \u201cdepartment chair had the authority to take appropriate remedial action.\u201d (Doc. #20, \u00b6 38.) Defendant responds that the allegation regarding the department chair\u2019s authority is \u201cconclusory . . . [and] cannot be taken as true.\u201d (Doc. #27, p. 8.) But under the motion to dismiss standard, Plaintiff is entitled to the benefit of reasonable inferences from the facts pled. Iqbal, 556 U.S. at 678. While it may turn out otherwise2, it is certainly a reasonable inference that a department chair at a university has the authority to take corrective action to end discrimination by one of the department\u2019s professors against one of the department\u2019s students. Viewing the facts in the light most favorable to Plaintiff, the Court finds Plaintiff has plausibly alleged that Professor Larsen\u2019s department chair at the Bower School of Music & the Arts had the authority to institute corrective measures over 2 The ultimate question of who is an appropriate person is necessarily a fact-based inquiry because officials' roles may vary among universities. See e.g. Broward, 604 F.3d at 1256. 15 Professor Chestnutt\u2019s alleged misconduct, and thus was an \u201cappropriate official\u201d within the meaning of Title IX.3 B. Existence and Substance of Actual Notice Private damages actions are available only where recipients of federal funding have had actual and adequate notice that they could be liable for the conduct at issue. Davis Next Friend LaShonda D. v. Monroe County Bd. of Educ., 526 U.S. 629, 640-42 (1999); Franklin, 503 U.S. at 74. Defendant correctly argues that the Amended Complaint does not allege \u201cthat any employee of Defendant had knowledge of [Professor] Chesnutt\u2019s purported harassment of Plaintiff\u201d and that \u201cPlaintiff never complained about harassment while enrolled [at] FGCU.\u201d (Doc. #27, p. 8.) Defendant argues that in light of this, Plaintiff\u2019s conclusory allegations that Defendant was on notice of Professor Chestnutt\u2019s harassment are insufficient to plausibly plead satisfaction of the actual notice requirement. While conceding she made no complaints herself, Plaintiff argues that based upon the complaints by Professor Larsen and three students, Defendant was on notice of Professor Chestnutt\u2019s alleged harassment of other students prior to Plaintiff\u2019s arrival at FGCU. 3 Plaintiff also argues that a dean also was an appropriate official who received actual notice. The Court finds that the allegations as to what the dean was told is not alleged with sufficient detail to establish actual knowledge even if the dean is another appropriate person. 16 This is sufficient, Plaintiff argues, to satisfy the actual notice requirement. Defendant responds that such complaints, even if constituting notice regarding Plaintiff, are legally insufficient \u201cto alert a school official of the possibility of harassment of Plaintiff.\u201d (Doc. #27, p. 9.) \u201cThere are different ways by which such actual notice may be satisfied.\u201d J.F.K. v. Troup County Sch. Dist., 678 F.3d 1254, 1260 (11th Cir. 2012). As in J.F.K., there are no facts in the Amended Complaint suggesting that an appropriate official had knowledge that Professor Chestnutt was actually sexually harassing Plaintiff. While notice of sexual harassment provided by or on behalf of the specific Plaintiff asserting a Title claim would be sufficient, it is not a necessary requirement. \u201cActual notice\u201d of a Title Plaintiff\u2019s harassment need not be provided by the Plaintiff herself. Broward, 604 F.3d at 1257 (citations omitted). Indeed, \u201cno circuit has interpreted [the] actual notice requirement so as to require notice of the prior harassment of the Title plaintiff herself.\u201d Id. (emphasis in original)(citations omitted); see also Hansen v. Bd. of Trustees of Hamilton Se. Sch. Corp., 551 F.3d 599, 605\u201306 (7th Cir. 2008)(Under Title IX, \u201ca school district need not possess actual knowledge of a teacher's [harassment] directed at a particular plaintiff.\u201d (emphasis in original)(citation omitted)); Escue v Coll., 450 F.3d 1146, 1154 (10th Cir. 2006)(\u201c[T]he actual notice standard does not set 17 the bar so high that a school district is not put on notice until it receives a clearly credible report of sexual abuse from the plaintiff-student.\u201d (citation and quotation omitted second way to satisfy the notice requirement would be to show that an appropriate official (here, the department chair) had actual knowledge of sexual harassment by Professor Chestnutt of students other than Plaintiff sufficient to alert the department chair of the possibility of Plaintiff\u2019s sexual harassment by Professor Chestnutt. J.F.K., 678 F.3d at 1260. An educational institution may be deemed to have \u201cactual notice\u201d of a student- plaintiff\u2019s harassment in a \u201cteacher-on-student\u201d case when it is aware of the instructor\u2019s \u201csimilar misconduct with other students.\u201d Bailey v. Orange Cty. Sch. Bd., 222 F. App'x 932, 933 (11th Cir. 2007). Establishing actual notice in such a fashion is fact-intensive, and is sometimes successful and sometimes insufficient. See e.g. Broward, 604 F.3d at 1250-54, 1259 (two prior complaints were enough to satisfy Doe's burden of raising a material fact about actual notice because \u201c[the two] complaints, when viewed collectively, provided actual notice to [the Principal] of a pattern of sexual harassment and a series of related allegations occurring over a period of nine months in [the teacher's] math classroom.\u201d); J.F.K., 678 F.3d at 1261 (while appropriate official knew employee's conduct was \u201cinappropriate, devoid of professionalism, and reeked of immaturity,\u201d the known 18 conduct was not of the same type of conduct of a sexual nature as the teacher in Broward); Davis v. DeKalb County School District, 233 F.3d 1367, 1373 (11th Cir. 2000) (a prior complaint about the teacher-abuser by a non-party victim was not enough to put principal and school board on notice). Defendant argues that even if information from Professor Larsen and the three students establish the existence of some level of notice, Plaintiff failed to plausibly allege that Defendant had sufficient notice \u201cof the possibility of [Professor Chestnutt\u2019s] harassment of Plaintiff.\u201d (Doc. #27, p. 9.) Defendant reasons that Plaintiff has \u201cnot allege[d] the contents of [Professor Larsen\u2019s] complaint with any specificity.\u201d (Id.) Alternatively, Defendant contends that the content of Professor Larsen\u2019s complaint was not sufficiently similar to Professor Chestnutt\u2019s alleged misconduct directed at Plaintiff to place Defendant on actual notice of sexual harassment. In paragraphs 28-36 of the Amended Complaint, Plaintiff makes the following allegations concerning information from Professor Larsen: (1) Professor Chestnutt \u201dallowed unqualified and underperforming female students to pass classes when their performance was not to a passing level,\u201d while failing qualified male students; (2) Professor Chestnutt was having sexual relationships with the underperforming students; (3) \u201c[w]hen one female student ended her relationship or rejected [Professor] 19 Chesnutt\u2019s advances, [Professor] Larsen observed that [Professor] Chesnutt retaliated by assigning poor grades\u201d; (4) Professor Larsen overhead Professor Chestnut comment on the appearance of female students; and (5) Professor Larsen heard reports from several female students that they \u201cwould skip or purposely cancel\u201d meetings with Professor Chestnutt because \u201cthey felt that there would be \u2018strings attached\u2019 to a one-on-one meeting with him.\u201d (Doc. #20, \u00b6\u00b6 28-36.) In paragraph 37 of the Amended Complaint, Plaintiff further alleges that Professor Larsen \u201creported this concerning behavior\u201d described in the preceding paragraphs to \u201cFGCU\u2019s administration through his department chair.\u201d (Id. \u00b6 37.) Thus, contrary to Defendant\u2019s assertion, the Amended Complaint does sufficiently state the contents of Professor Larsen\u2019s alleged complaint. As to Professor Chestnutt\u2019s alleged harassment of Plaintiff specifically, the Amended Complaint alleges in relevant part that: (1) Professor Chesnutt made remarks about Plaintiff\u2019s appearance; (2) Professor Chesnutt informed Plaintiff that to qualify for a scholarship, \u201cthere would be \u2018incentives,\u2019 that being that if [Plaintiff] acquiesced to a sexual relationship with [Professor Chestnutt] that she would receive her desired scholarship\u201d; (3) after rejecting Professor Chestnutt\u2019s advances, Plaintiff did not receive the scholarship alluded to by Professor Chestnutt; and (4) Plaintiff ultimately withdrew from because she \u201cneeded 20 [Professor Chestnutt\u2019s] endorsement to pass and thus graduate (which she would never get because of his retaliation).\u201d (Doc. #20, \u00b6\u00b6 41-43, 47, 52, 53, 57, 62.) Such allegations were similar to the conduct Professor Larsen allegedly reported to his department chair.4 \u201cSimply put, the actual notice must be sufficient to alert the decision-maker to the possibility of sexual harassment by the teacher.\u201d J.F.K., 678 F.3d at 1256. Viewing the alleged facts in the light most favorable to Plaintiff, the Court finds that, based upon Professor Larsen\u2019s alleged complaint, Plaintiff has plausibly stated that Defendant had sufficient actual notice of Professor Chestnutt\u2019s alleged harassment of female students. C. Deliberate Indifference Lastly, Defendant argues that Plaintiff failed to plausibly allege that an appropriate person was deliberately indifferent to Professor Chestnutt\u2019s alleged misconduct. Defendant reasons that \u201c[b]ecause Plaintiff never complained to Defendant about 4 The Court is unpersuaded by Defendant\u2019s assertion that the conduct allegedly described by Professor Larsen and Plaintiff are not similar because Professor Larsen\u2019s complaint \u201cdid not involve [Professor] Chesnutt\u2019s use of scholarships, which is central to Plaintiff\u2019s Title claim.\u201d (Doc. #27, p. 10.) While it appears Professor Larsen\u2019s alleged complaint did not describe this particular behavior, the Court finds the overarching content is nonetheless similar to the conduct Plaintiff describes in the Amended Complaint. 21 harassment by [Professor] Chesnutt, Defendant could not have been deliberately indifferent to the harassment.\u201d (Doc. #27, p. 10.) Title requires \u201cthat a recipient of federal education funds may be liable in damages under Title where it is deliberately indifferent to known acts of sexual harassment by a teacher.\u201d Davis, 526 U.S. at 641 (citing Gebser, 524 U.S. at 291). Liability arises from \u201can official decision by the recipient not to remedy the violation.\u201d Gebser, 524 U.S. at 290. Defendant essentially restates its argument that notice of sexual harassment must be provided by the specific plaintiff asserting a Title claim. As noted supra, however, the Eleventh Circuit has explicitly rejected such a position. Broward, 604 F.3d at 1257. Defendant also argues that \u201c[t]o the extent that Plaintiff\u2019s claim is predicated on . . . [Professor] Larsen\u2019s complaint about [Professor] Chesnutt,\u201d Plaintiff failed to plausibly assert \u201cthat FGCU\u2019s response was clearly unreasonable.\u201d (Doc. #27, p. 11.) The Court disagrees. An official with notice of sexual harassment is deliberately indifferent \u201cwhere the [] response to the harassment or lack thereof is clearly unreasonable in light of the known circumstances.\u201d Davis, 526 U.S. at 648. The Amended Complaint alleges that after Professor Larsen and three students complained of Professor Chestnutt\u2019s alleged misconduct took no remedial action and did not even conduct an investigation.\u201d 22 (Doc. #20, \u00b6 61.) Accepting Plaintiff\u2019s allegations as true and viewing the facts in the light most favorable to Plaintiff, the Court finds Plaintiff has plausibly alleged that Defendant was deliberately indifferent to Professor Chestnutt\u2019s alleged misconduct. Accordingly, it is now ORDERED: Defendant\u2019s Motion to Dismiss (Doc. #27) is at Fort Myers, Florida, this 7th day of May, 2020. Copies: Parties of record"}
9,051	Eric Rentschler	Harvard University	[ "9051_101.pdf", "9051_102.pdf" ]	{"9051_102.pdf": "Op Eds Taking Back Harvard: Addressing Our Sexual Assault Culture Means Sex Reckoning With History By Stella Lei and Jessica Wang Stella Lei \u201926 is a Comparative Literature concentrator in Eliot House. Jessica Wang \u201926 is an English concentrator in Eliot House. They are organizers with the Harvard Feminist Coalition, formerly known as Our Harvard Can Do Better When Professors Speak Out, Some Students Stay Quiet. Can Harvard Keep Everyone Talking Allston Residents, Elected Of Ask for More Benefits from 10-Year Plan By Courtesy of Harvard University Archives Sections 28/02/2025, 19:27 Taking Back Harvard: Addressing Our Sexual Assault Culture Means Reckoning With History \| Opinion \| The Harvard Crimson 1/6 October 29, 2024 Beneath Harvard\u2019s glimmering prestige and esteemed legacy lies an unspoken, ugly reality: Generations of sexual violence, gender oppression, and institutional silence continue to shape its present. Without acknowledging this cycle of violence, we are powerless to stop it from continuing. Sexual violence is not confined to a distant past \u2014 it pollutes every inch of this institution\u2019s history and physical space to this day. That is why we founded Take Back Harvard \u2014 the first project documenting and contextualizing the history of sexual assault and gender discrimination at the University. And that is why we won\u2019t stop until Harvard\u2019s history of sexual assault is properly remembered. Harvard only officially started conferring degrees to women in 1963, but its exploitation of and discrimination against them began long before. Some of the first women to work on our campus were enslaved by University officials and endured racialized violence. Even after the abolition of slavery in Massachusetts, Harvard continued to profit from the labor of the enslaved. As recently as the 1950s, Harvard employed a maid system, which was ultimately terminated in anticipation of demands for higher wages. The women of Radcliffe College too were constantly reminded of their perceived inferiority. They were barred from studying in Lamont Library, made to pay for sports games that were free for men, and were subjected to everyday harassment. Even after Radcliffe was fully integrated into the University in 1999, women continued to face discrimination and sexual violence on campus. We\u2019ve seen firsthand the material echoes of this legacy since arriving here two and a half years ago. Our freshman year, the Harvard community called for the resignation and rallied for the removal of Professor John L. Comaroff, who was still teaching despite years of sexual harassment sex allegations from his graduate students. This spring, Professor Eric Rentschler was put on leave for violating sexual assault conduct policies. Yet the numbers don\u2019t add up. These moments \u2014 and movements \u2014 represent only the tip of the iceberg that is Harvard\u2019s epidemic of sexual violence and harassment. In 2022, more than a quarter of surveyed Faculty of Arts and Sections 28/02/2025, 19:27 Taking Back Harvard: Addressing Our Sexual Assault Culture Means Reckoning With History \| Opinion \| The Harvard Crimson 2/6 Sciences members knew someone in their department who had been sexually harassed in the Harvard workplace. Students who have faced assault or harassment are up against an institution that often ignores their pleas for protection and support, forced to navigate a broken Title system, and live in fear of running into their assailants in the dining hall. It\u2019s impossible to walk this campus without passing through spaces stained by memories of silence, assault, and even murder. From Longfellow Park, where Radcliffe fellow Ethel Higonnet was raped and killed decades ago, to Annenberg Hall, where a first-year reported being groped while standing in line for breakfast, to every House and first-year dorm where students have been assaulted and raped, Harvard\u2019s grounds are saturated with vestiges of sexual violence. And it is women who bear the brunt of this harassment. The majority of these cases \u2014 both on our campus and beyond \u2014 involve male perpetrators and female survivors, a chilling reminder that gender-based discrimination and sexual violence are closely intertwined. Until this year, as far as we know, there was no infrastructure in place to document this noxious network. Take Back Harvard fills this void: It is composed only of publicly accessible materials, and we have logged over 500 materials across 100 years of institutional history since its inception last February The term \u201chistory\u201d may imply a separation between past and present. Yet each of Take Back Harvard\u2019s records \u2014 drawn from student publications, national media, photographs, protest ephemera, and student surveys \u2014 reveal an unsettling truth: Gender-based violence and institutional prejudice is woven into the fabric of Harvard\u2019s legacy and continues to undermine our vision for a more perfect Harvard. Take Back Harvard is itself not perfect. Our archive is built upon public records, the contents of which have been shaped by an institution steeped in white supremacy, class privilege, and systemic bias. For every case reported, one (or more) goes unreported, leaving critical chasms in our understanding of the problem\u2019s breadth. Sections 28/02/2025, 19:27 Taking Back Harvard: Addressing Our Sexual Assault Culture Means Reckoning With History \| Opinion \| The Harvard Crimson 3/6 Want to keep up with breaking news? Subscribe to our email newsletter The stories we have are therefore incomplete, and we\u2019ve found that older documents in particular are likely to omit incidents which involved people of color, queer individuals, or members of the local community. Take Back Harvard is working to expand its bounds to account for these gaps in knowledge and history; we are currently creating two additional collections dedicated to documenting LGBTQ+ and racial discrimination to bolster research on the intersectionality of sexual violence and these identities. As activists graduate and their insights are buried by forgotten records and leadership turnover, necessary and effective mobilization becomes difficult. Take Back Harvard aims to fill these discontinuities in our University\u2019s collective memory. The project invites students, affinity groups, and other organizations from across Harvard\u2019s schools to come together to reflect on and contribute their own institutional materials and memories of sexual violence. In this way, we hope our project can serve as a communal platform for discussing and chronicling this history as it occurs. Take Back Harvard is not just about remembering; it is about reclaiming. Our University\u2019s future cannot be built on the same unacknowledged violence and complicity that has defined its past. It must be forged, instead, through action, accountability, and a commitment to justice. Stella Lei \u201926 is a Comparative Literature concentrator in Eliot House. Jessica Wang \u201926 is an English concentrator in Eliot House. They are organizers with the Harvard Feminist Coalition, formerly known as Our Harvard Can Do Better 1 Ran The Numbers. There is a 300% Workload Gap Between Some Majors. 2. Ex-White House Press Secretary Karine Jean-Pierre Says Biden Forced Out of Race by Democratic \u2018Firing Squad\u2019 3. Physician and Novelist Abraham Verghese Named 2025 Harvard Commencement Speaker Sections 28/02/2025, 19:27 Taking Back Harvard: Addressing Our Sexual Assault Culture Means Reckoning With History \| Opinion \| The Harvard Crimson 4/6 4. Garber Names Recipients of Inaugural Building Bridges Fund 5. Harvard\u2019s Bathroom Dilemma The Harvard Crimson's Guide To Your Summer Opportunities \| 2025 Over 300+ courses at prestigious colleges and universities in the and are at your disposal Three Ways Collegiate Can Reduce Your Financial Stress With innovative financial tools combined with financial education, Collegiate empowers students to take control of their finances and build confidence in their money management skills Build Community at Harvard: Summer 2025 Proctor Opportunities Serve as a proctor for Harvard Summer School (HSS) students, either in the Secondary School Program (SSP), General Program (GP), or Pre-College Program Successful Law School Essays \| 2024 With an increasingly competitive Law School admissions process, it's important to understand what makes an applicant stand out Huckberry Holiday Guide Welcome to your one-stop gifting destination for men and women\u2014it's like your neighborhood holiday shop, but way cooler. Sections 28/02/2025, 19:27 Taking Back Harvard: Addressing Our Sexual Assault Culture Means Reckoning With History \| Opinion \| The Harvard Crimson 5/6 The Harvard Crimson The University Daily, Est. 1873 News Opinion Arts Blog Magazine Videos Sports General Diversity & Inclusion Privacy Policy Rights & Permissions Sitemap Advertising Newsletters Journalism Programs Corrections Copyright \u00a9 2025 The Harvard Crimson, Inc Siddharth's Essay Admit Expert is a premium admissions consulting company, helping candidates secure admission to top B-schools across the globe with significant scholarships. Sections 28/02/2025, 19:27 Taking Back Harvard: Addressing Our Sexual Assault Culture Means Reckoning With History \| Opinion \| The Harvard Crimson 6/6"}
9,066	Ting Guo	University of California ‚Äì Davis	[ "9066_101.pdf", "9066_102.pdf", "9066_103.pdf", "9066_104.pdf", "9066_105.pdf", "9066_105.pdf", "9066_105.pdf" ]	{"9066_105.pdf": "The professor has been on leave since 2021 and the university said he was told not contact the complainant or any Davis student or employee DAVIS, Calif Davis professor is on leave as he faces accusations of sexual assault dating back to 2010, the University of California, Davis said in a statement Davis said a report from the Santa Barbara Police Department detailed sexual assault allegations against Davis professor Ting Guo in 2018. According to the university, the report indicated that three sexual assaults had allegedly happened within city limits but not the campus, so the university police department notified Davis Police Department about the report. According to the university, the report requested that the criminal investigation be finished before the complainant's name or Guo's name were released to the university's Title office. Since university police complied with the request and share limited information, it was not enough for the Title office to start an investigation, the university said. More information would eventually come by way of a civil lawsuit related to the 2018 complaint. The university learned about the lawsuit in January 2021. The lawsuit alleged that Guo sexually Davis professor Ting Guo accused of sexually assaulting high school student in lab Author: Staff (ABC10) Published: 9:56 January 12, 2023 Updated: 11:29 January 12, 2023 \uf04b 3/15/25, 1:29 Ting Guo Davis Prof. faces sexual assault allegations \| abc10.com 1/3 assaulted a high school student working in his laboratory in 2010. According to the university, the complainant was never a Davis student. Guo was placed on administrative leave. He has been on leave since that time and the university said he was told not contact the complainant or any Davis student or employee. He was also told not to come to campus without prior permission. After the Title office learned the complainant's name, they started an investigation and also launched an independent investigation to figure out if university policy was violated. Guo was appointed to the Davis faculty in 1999. Until 2019, Guo was also involved as a mentor with the Young Scholars Program, a summer program where high school students complete a project in a campus lab. The university said the complainant was not a participant in the Young Scholars Program. Chancellor Gary May also called for an independent external review of all Davis programs involving youths. The review includes comprehensive review of all activities that occurred in University facilities involving minors from 2010 to present. Determine what protections have been in place for minors participating in these programs and whether there are areas for improvement. Review whether there are sufficient protocols in place governing communication and information sharing between the Davis Police Department and the Davis Title Office. Whether anyone in a leadership position in the chemistry department knew or should have known about sexual misconduct concerns related to Ting Guo between 2010 and 2021 and whether those concerns were appropriately reported. If so, whether appropriate action was taken to respond to concerns.\" The review will be done by Eve Peek Fichtner, partner with law firm Atkinson, Andelson, Loya, Ruud & Romo ALSO: Zanzibar Trading Company in Sacramento's Greater Broadway District robbed \| To The Point Related Articles 'Rick and Morty' creator awaits trial for domestic violence Granite Bay family's dog sitter, girlfriend arrested for stealing $70K of their jewelry 3/15/25, 1:29 Ting Guo Davis Prof. faces sexual assault allegations \| abc10.com 2/3 Zanzibar Trading Company in Sacramento's Greater Broadway District robbed \| Zanzibar Trading Company in Sacramento's Greater Broadway District robbed \| \u2026 ABC10: Watch, Download, Read 1/11 Credit: abc10 ARTICLE... 3/15/25, 1:29 Ting Guo Davis Prof. faces sexual assault allegations \| abc10.com 3/3"}
8,878	Roger Morrissette	California State University - San Marcos	[ "8878_101.pdf", "8878_102.pdf", "8878_103.pdf", "8878_102.pdf", "8878_102.pdf" ]	{"8878_102.pdf": "K-12 Home / News THU, 07/28/2022 Yet another California State University school is accused of covering up allegations of sexual misconduct. The latest allegations involve Cal State San Marcos. You can read the entire investigative report from the Los Angeles Times. After a few alcoholic drinks at a pizza joint near campus, a professor in the psychology department at Cal State San Marcos allegedly insinuated to a female student that he was turned on and started kissing her neck. In the chemistry department, a professor pinned a female student\u2019s arms to her side, lowered his hands to her back and pressed his groin against her hips, she said 3/15/25, 1:22 Cal State San Marcos Accused of Sexual Harassment Cover-Up \| CalSchoolNews.org 1/4 Both professors denied the claims but investigations conducted by the campus Title office concluded the professors had engaged in egregious sexual harassment and misconduct in violation of university policy. The professors\u2019 accounts of the events were found to be not credible. Instead of pursuing disciplinary action, however, the university agreed to generous settlements with the professors, Roger Morrissette and David Bwambok, which included voluntary resignations, paid administrative leave and, in one case, expunging records of disciplinary action from his personnel file, according to university reports obtained by The Times that detail the investigations and settlements. These are just the latest in a swarm of misconduct allegations involving California State University officials. Similar complaints have been made against officials at Sonoma State, San Diego State, San Jose State, Cal State Channel Islands, and Fresno State. Joseph I. Castro was forced to step down as chancellor in February over his handling of sexual harassment allegations against a top Fresno State staffer while Castro was the school\u2019s president. Last month, state lawmakers ordered an independent investigation that will probe CSU\u2019s treatment of harassment and retaliation claims Modesto City Schools to Lay Off 75 Employees Football Coach Fired Following City Council Meeting Hayward Unified to Cut 107 Positio Names School Districts at Insolvency Steve Carell and Alice\u2019s Kids Chari Prom Tab for Students in Fired-Sca Community School Board Member\u2019s Conflic Could Prompt Legal Action in Shas Modesto City Schools to Lay Off Employees Antisemitism on Campus: Trum Administration Sends Warning to 6 Al Muratsuchi Announces Run f Superintendent Football Coach Fired Follow at City Council Meeting Tweets by calschoolnews 3/15/25, 1:22 Cal State San Marcos Accused of Sexual Harassment Cover-Up \| CalSchoolNews.org 2/4 13, 2025 - 12:19 Central Unified School District Superintendent Ketti Davis was placed on administrative leave Tuesday night, effective immediately SECTION: California Sues Department Of Education Over Mass Layoffs U.S. Education Secretary \u201cNot Sure\u201d What Stands For Severe Weather Closes Two Oakhurst School Districts Join California Consulting's Prop. 2 Webinar On April 10th! Modesto City Schools To Lay Off 75 Employees 4, 2025 - 10:31 The Santa Ana Unified School District (SAUSD) will remove some content from its ethnic studies curriculum as part of a legal settlement with Jewish advocacy groups SECTION: Appeals Court Sides With Conejo Valley Unified In Sex Ed Lawsuit 6, 2025 - 08:14 Six years ago, Governor Gavin Newsom signed historic legislation extending the statute of limitations for child sex abuse claims SECTION: Painful Cuts Coming To West Contra Costa Unified Gavin Newsom Unveils 2025-26 Spending Plan Gavin Newsom Previews 2025-26 Budget Proposal Record Lotto Sales Produce $2 Billion For California Schools Voters Pass $10 Billion Construction Bond 12, 2024 - 09:38 The Greenfield Union School District ha lawsuit after learning that Kern County allowed 108 people to vote in the wrong school board SECTION: Recalled Board President Jos Komrosky Takes His Seat Back After Tracking Early Vote Data For Californ Sam Liccardo Rescinds Endorsemen Trustee Grace Mah 16 And 17-Year-Olds To Vote In Some School Board Elections Voters Recall Two School Board Mem Alameda County K-12 4, 2025 - 10:50 The following seven school districts hav negative certification from the Fiscal Cr Management Assistance Team they are in danger of becoming insolven y SECTION: 3/15/25, 1:22 Cal State San Marcos Accused of Sexual Harassment Cover-Up \| CalSchoolNews.org 3/4 The Uncertain Future Of California\u2019s Ethnic Studies Curriculum High Schools Want More Clarity On Math Requirements Newsom Signs Fentanyl Education Bill Co- Sponsored By San Diego County Newsom Signs Law Requiring Financial Literacy For High Schoolers Centinela Valley School District Awarded $881,100 For Student Success Program Education Recovery Scorecard Shows 11 California Districts Performing Above Pre- Pandemic Levels Nation's Report Card Signals Ongoing Trouble In Student Achievement \u2014 But Why? Napa Valley Unified Tries To Protect Undocumented Students Pasadena Unified Announces Phased Reopening Plan Project of GrassrootsLab 3/15/25, 1:22 Cal State San Marcos Accused of Sexual Harassment Cover-Up \| CalSchoolNews.org 4/4"}
8,725	Walter Lasecki	University of Michigan	[ "8725_101.pdf", "8725_102.pdf", "8725_103.pdf", "8725_104.pdf", "8725_105.pdf", "8725_106.pdf", "8725_107.pdf", "8725_108.pdf", "8725_108.pdf", "8725_108.pdf" ]	{"8725_108.pdf": "archive.today webpage capture Saved from no other snapshots from this url search 17 Mar 2025 22:52:33 All snapshots from host share download .zip report bug or abuse Buy me a coffee Webpage Screenshot Meredith Bruckner, Community News Producer, All About Ann Arbor Published: June 1, 2021, 3:55 Updated: June 2, 2021, 3:16 Tags: Ann Arbor, University Of Michigan, U-M, Professor, Computer Science, Michigan Engineering, Sexual Assault, Sexual Harassment, Sexual Misconduct, Students, Graduate Students, Investigation, Association For Computing Machinery, Resignation, Resign, Faculty 1 2 charged in attempted car theft in Southfield; police release video of arrest 2 Teen pleads guilty in connection to death of Oakland County deputy 2 Michigan anesthesiologist pleads guilty to child pornography charge 3 Pros and cons of \u201cacting\u201d happy University of Michigan professor to resign amid sexual harassment allegations \u2013 University of Michigan computer science professor Walter Lasecki announced he will resign on Aug. 30 after multiple allegations of sexual assault against him came to light. Some of the allegations were exposed in a Michigan Daily investigation. The student news outlet interviewed four women who detailed unwanted advances, including groping, by Lasecki. Many of these instances occurred at conferences and in the presence of others, according to the interviews. Advertisement 6 Recommended Videos 45\u00ba Join Insider Sign In 0% 10% 20% All of the women were graduate students at the time, and only one was affiliated with U-M. Choosing to remain anonymous, she said the misconduct took place on campus, off campus and at conferences. However, emails obtained by the newspaper reveal a total of 22 individuals experienced the same treatment from Lasecki Spring into savings for home, style and relaxation with these Insider Deals There\u2019s a new type of smart calendar that automatically organizes your life Go Guide Events Sign up for our Events Newsletter! Sign Up Enter your email Terms of Service Privacy Policy Powered by Sign up here for the All About Ann Arbor Newsletter Required Email love Ann Arbor! Sign me up for the All About Ann Arbor newsletter. Mon, Mar 17 @ 8:00 pm Blind Pig Comedy Blind Pig Learn More See All Events Add Event 17 30% 40% The announcement of Lasecki\u2019s pending resignation was sent out in an email to department faculty on Friday. Until Aug. 30, Lasecki is reportedly banned from any in- person interaction with students. According to the Daily, two separate investigations by U-M\u2019s Office of Institutional Equity and the Association for Computing Machinery reached \u201cvastly different conclusions.\u201d OIE\u2019s investigation found that Lasecki was not in violation of the school\u2019s sexual harassment policy and all four cases and did not sanction the professor. In contrast concluded that Lasecki was in violation of its Policy Against Harassment and barred him from association events for a minimum of five years. An open letter from the student body criticizes the department for adhering to guidelines. \u201cWe view it as hypocritical to claim that the department prioritizes student safety and well-being, when it acts otherwise when faced with a clear conflict,\u201d reads the letter. \u201cThis lack of integrity can no longer continue if the department indeed cares deeply about its students.\u201d The letter currently has been signed by 191 students and community members, 77 of which chose to remain anonymous. Copyright 2021 by ClickOnDetroit - All rights reserved. Click here to take a moment and familiarize yourself with our Community Guidelines. Conversation quit now run away the typical response of a sexual predator Common sense 2, 2021 1 He didn\u2019t retire, he resigned. pegdashfab 1, 2021 2 So his punishment for alleged sexual harassment is retirement........with full benefits of continues on with its fine tradition. Sharon Mullins 1, 2021 1 5 1, 2021 Join the conversation 6 8 Load More Comments 50% 60% Marketplace Sell Your Items - Free to List Visit Full Marketplace 2025 Cadillac XT6 Luxury $48,590 A. \| sellwild.com Merra 1-Light Modern Teardrop Pendant Wooden Shade Black Pol... $55 N. \| sellwild.com Powered by Recommended Videos 70% 80% Spring into savings for home, style and relaxation with these Insider Deals There\u2019s a new type of smart calendar that automatically organizes your life Listings Email Newsletters Feeds Contests and Rules Contact Us Careers at Closed Captioning / Audio Description Public File Current Report Terms of Use Privacy Policy Do Not Sell My Info Applications Cookie Preferences If you need help with the Public File, call (313) 222-0556. At WDIV, we are committed to informing and delighting our audience. 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7,770	Randy Handel	University of Minnesota	[ "7770_101.pdf", "7770_102.pdf", "7770_103.pdf", "7770_104.pdf", "7770_105.pdf", "7770_106.pdf", "7770_107.pdf", "7770_108.pdf", "7770_101.pdf", "7770_102.pdf", "7770_103.pdf", "7770_101.pdf", "7770_102.pdf", "7770_103.pdf" ]	{"7770_101.pdf": "Gophers athletics fundraiser to be suspended, demoted for sexual harassment Randy Handel found to have acted inappropriately with a female co-worker, a University of Minnesota report finds 26, 2017 6:55AM By Pat Pheifer Minnesota News You Can Use Subscribe 3/15/25, 12:15 Gophers athletics fundraiser to be suspended, demoted for sexual harassment 1/10 University of Minnesota Athletic Director Mark Coyle joked with athletics fundraiser Randy Handel on the sidelines of Minnesota football's spring game in mid-April. (Star Tribune/The Minnesota Star Tribune) Comment Gift Share Listen Randy Handel, a high-profile University of Minnesota athletics official and fundraiser who violated the school's sexual harassment policy, will be suspended without pay for two weeks, demoted and face other consequences, the university said Thursday. The university's Office of Equal Opportunity and Affirmative Action (EOAA) said Handel repeatedly hugged, touched and made inappropriate comments to a female employee without her consent. The university released a heavily redacted seven-page report that goes into detail about theffifi 3/15/25, 12:15 Gophers athletics fundraiser to be suspended, demoted for sexual harassment 2/10 allegations, Handel's response and the office's findings and analysis. In a letter addressed to Handel dated May 3, the said that during one-on-one meetings with the woman behind closed or partly closed doors, Handel \"regularly hugged or 'asked for a hug' \u2026 even when the context of the conversation you were having did not warrant a hug.\" It also said Handel \"sighed and moaned while hugging,\" breathed on the woman's neck, touched her face, neck or upper chest and touched her lower back, ostensibly to remove some fuzz from her sweater. It also said Handel made comments about the woman's \"smile and energy in the office \u2026 commented on [her] beauty and then said, 'if only were a few years younger.' \" The report said Handel's inappropriate behavior ceased after mid-November 2016. According to the report, the woman said she told Handel \"early on \u2026 but after you had hugged [her] a few times\" that she was not comfortable with the touching. Handel \"acknowledged hugging \u2026 on a few occasions in congratulatory contexts\" but \"denied hugging 'regularly' or more than a few times,\" the report said. He \"adamantly denied touching [the woman's] face, lower neck, or upper chest or even reaching over as if to touch.\" \"You indicated that such touching was 'clearly out of bounds' and did not understand why [the woman] would allege it,\" the letter said. It also said Handel made comments about the woman's \"smile and energy in the office \u2026 commented on [her] beauty and then said, 'if only were a few years younger.' \" Four witnesses told the that Handel hugged the woman \"more than you hugged other people\" and that he sometimes \"lingered\" by her cubicle. Some witnesses said the woman told them that Handel's attentions made her uncomfortable. \"For the most part, witnesses had positive things to say about their interactions with you, your treatment of them and the support you showed them,\" the report said. Some witnesses described Handel as \"emotional,\" \"affectionate\" and \"sensitive,\" the report said. But, it said, investigators considered the woman's allegations more credible than Handel's denials because of witnesses' accounts and because the woman had told others about her 3/15/25, 12:15 Gophers athletics fundraiser to be suspended, demoted for sexual harassment 3/10 discomfort. Athletic director Mark Coyle wrote to Handel on Thursday, telling him that he would be suspended, that he must participate in additional sexual harassment training and that he must participate in \"coaching regarding appropriate boundaries when interacting with co- workers and how to respond to concerns raised about conduct by non-university persons.\" Coyle told Handel that all of his supervisory duties would be removed and his job and salary would be revised \"to reflect the change in your duties. In addition, Handel's office will be moved from Bank Stadium to the Bierman Field Athletics Building. Handel also should \"refrain from any further violations of university policy,\" Coyle wrote. Handel, a Wisconsin native, came to Minnesota in June 2010 as a major gift development officer and led fundraising for Siebert Field. He earned $145,000 in 2015, according to records. He is married and has two children. He was suspended from the university on May 9. News of the investigation and findings was first reported May 10 by KSTP-TV, which said it got information from an anonymous regent. Regents were incensed that the information had been leaked and started an investigation into the source. More than 260 journalists have signed a petition urging the university to halt its investigation, calling it \"a direct attack on the First Amendment.\" Pat Pheifer \u2022 612-673-7252 3/15/25, 12:15 Gophers athletics fundraiser to be suspended, demoted for sexual harassment 4/10 3/15/25, 12:15 Gophers athletics fundraiser to be suspended, demoted for sexual harassment 5/10 Handel (The Minnesota Star Tribune) Share Comment Pat Pheifer See More More from Gophers See More Five early takeaways in the search process for the next Gophers men\u2019s basketball coach 3/15/25, 12:15 Gophers athletics fundraiser to be suspended, demoted for sexual harassment 6/10 study of comments by athletic director Mark Coyle since he fired Ben Johnson indicates the U's potential approach Gophers women's hockey came so close to Frozen Four last year. Now, Colgate stands in their way Reusse: Firing Johnson is Coyle's latest mistake in a tenure full of them Patrick Reusse To leave a comment, log in or create an account. 3/15/25, 12:15 Gophers athletics fundraiser to be suspended, demoted for sexual harassment 7/10 About Us Contact Us Work for Us Donate News in Education Minnesota\u2019s Best High School Sports Hubs Mobile and Tablet Apps Policies and Standards Get in Touch Advertising Opportunities Media Kit Classifieds Public Notices Obituaries Strib Store Photo Reprints Full Page Archive: 150+ years Back Copies Commercial Reprints Licensing Help and Feedback Manage Your Account Newspaper Subscriptions Digital Access eEdition Text to Speech Terms of Use Privacy Policy Cookie Settings Accessibility Statement Site Index \u00a9 2025 StarTribune.All rights reserved. 3/15/25, 12:15 Gophers athletics fundraiser to be suspended, demoted for sexual harassment 8/10 3/15/25, 12:15 Gophers athletics fundraiser to be suspended, demoted for sexual harassment 9/10 3/15/25, 12:15 Gophers athletics fundraiser to be suspended, demoted for sexual harassment 10/10", "7770_102.pdf": "Minn. official suspended in harassment case 8y Wisconsin looks to cap one of the best seasons ever with a national title 2d - Adam Rittenberg women's hockey tournament: Schedule, team-by-team preview 2d UT's Daniel, Baylor's Brown earn long jump titles 13h Byrd gets first hit 3 years after amputation 13h Alaska Fairbanks takes early rifle lead 16h Michigan attempting to launch women's hockey 1d Star Texas golfer apologizes after heckling Rory 2d requiring minimum $10M payout to athletes 3d ties mark with 5 straight HRs in 29-1 win 3d Road to men's Frozen Four: Conference tournament results, schedules 14h College softball rankings: The Top 25 teams after Week 5 4d College baseball Week 4: Top 25 rankings, play of the week and what to t h May 26, 2017, 07:19 University of Minnesota athletics administrator accused of sexual harassment will be suspended without pay for two weeks and demoted to resolve the latest black eye for the department. The university on Thursday released findings of an internal investigation into allegations against Randy Handel, the associate athletic director of development female subordinate said Handel's behavior included frequent hugging, touching and inappropriate comments. Handel maintained that he never had any sexual intent toward the subordinate. Associated Press Minnesota associate suspended in sex harassment case 3/15/25, 12:15 Minnesota Golden Gophers associate suspended in sex harassment case 1/2 Handel's unpaid suspension starts Monday. He'll also be required to participate in sexual harassment training. In 2015, athletics director Norwood Teague resigned after two high-ranking administrators said he sexually harassed them at a senior leadership retreat. Teague acknowledged improper behavior. His deputy, Mike Ellis, resigned months later after unspecified complaints against him. Terms of Use Privacy Policy Your State Privacy Rights Children's Online Privacy Policy Interest-Based Ads About Nielsen Measurement Do Not Sell or Share My Personal Information Contact Us Disney Ad Sales Site Work for Corrections Sportsbook is owned and operated by Entertainment, Inc. and its subsidiaries is available in states where is licensed to offer sports wagering. Must be 21+ to wager. If you or someone you know has a gambling problem and wants help, call 1-800-GAMBLER. Copyright: \u00a9 2025 Enterprises, Inc. All rights reserved. 3/15/25, 12:15 Minnesota Golden Gophers associate suspended in sex harassment case 2/2", "7770_103.pdf": "University of Minnesota investigation has found athletics administrator Randy Handel responsible for violating the university's sexual harassment policy. <p>Randy Handel</p University of Minnesota investigation has found Randy Handel, Associate Athletic Director For Development, responsible for violating the university's sexual harassment policy. The university on Thursday released findings of an internal investigation into allegations against Randy Handel, the associate athletic director of development female subordinate said Handel's behavior included frequent hugging, touching and inappropriate comments. Handel maintained that he never had any sexual intent toward the subordinate. Athletics Director Mark Coyle outlined the discipline against Handel in a statement Thursday night. It includes a two-week, unpaid suspension beginning May 29 and required participation in sexual harassment training and professional coaching. Coyle says Handel will continue to support several fundraising campaigns, but will no longer have supervisor responsibilities of M: Handel violated sexual harassment policy Author Staff Published: 8:54 May 26, 2017 Updated: 8:54 May 26, 2017 Big Easy flavors arrive in Minneapolis at Lagniappe \uf110 00:00 / 00:00 \uf026 \uf064 \uf20a \uf013 \uf04b \uf0e2 \uf01e x 3/15/25, 12:15 of M: Handel violated sexual harassment policy \| kare11.com 1/2 \"We are committed to taking all appropriate actions any time there is an allegation of misconduct in our department. We believe we have done this in this instance and will continue to do so, when needed, in the future,\" Coyle said. In 2015, athletics director Norwood Teague resigned after two high-ranking administrators said he sexually harassed them at a senior leadership retreat. Teague acknowledged improper behavior. His deputy, Mike Ellis, resigned months later after unspecified complaints against him ARTICLE... 3/15/25, 12:15 of M: Handel violated sexual harassment policy \| kare11.com 2/2"}
7,261	Darrick Danta	California State University - Northridge	[ "7261_101.pdf", "7261_102.pdf", "7261_103.pdf" ]	{"7261_101.pdf": "Exhibitionist Teacher Rehired : Fired for Exposing Self to Female Instructors By Aug. 19, 1989 12 California higher-education officials have reinstated a Cal State Northridge geography professor who was fired after he admitted exposing himself to two female instructors. Associate professor Darrick Danta will resume teaching when classes begin in September, said Jeff Stetson, a spokesman for the chancellor\u2019s office of the Cal State University system. But an attorney for the two female instructors said that under the terms of a settlement between Danta and officials, Danta will be suspended without pay for a year beginning in January. University officials refused to comment further, saying it is a personnel matter. Danta, a 34-year-old tenured professor, was fired by president James W. Cleary in November after admitting that he exposed himself to instructors Carolyn McGovern- Bowen and Christine Rodrigue. Danta, who has taught at for four years, said Friday his behavior toward the two women, which included pulling his pants and underwear down to his knees on several occasions, was \u201ca joke.\u201d Agreement Reached 28/02/2025, 19:30 Exhibitionist Teacher Rehired : Fired for Exposing Self to Female Instructors - Los Angeles Times 1/4 Danta appealed his firing and the matter was turned over to an arbitrator. On July 31, after four days of testimony in the case officials and Danta reached an agreement, said Joseph C. Pinto, an attorney for the women. Pinto said Danta defended himself during the hearing by claiming that off-color jokes and \u201cbody humor\u201d were accepted behavior in CSUN\u2019s geography department. Danta would not comment on the settlement, except to criticize Cleary for dismissing him without allowing him to present his case at a formal hearing. Several people involved in the case, who asked not to be identified, suggested that officials reversed Cleary\u2019s decision because administrators failed to conduct the investigation properly. In early summer of 1988, CSUN\u2019s Affirmative Action Programs Office, which handles sexual harassment complaints, questioned Danta about his behavior, but did not tell him who his accusers were and that he was subject to disciplinary action if he admitted exposing himself, the sources said. Without those disclosures, Danta\u2019s confession may have been extracted unfairly, they said. But a spokesman for Assemblywoman Marian W. La Follette (R-Northridge), a member of the Assembly Education Committee, said Danta should have been fired anyway. Under the university\u2019s sexual harassment policy, behavior of a sexual nature that creates a hostile working or learning environment is punishable by dismissal, depending on the circumstances, said spokeswoman Gloria Wells 28/02/2025, 19:30 Exhibitionist Teacher Rehired : Fired for Exposing Self to Female Instructors - Los Angeles Times 2/4 Multiple Complaints Rodrigue said her complaint against Danta detailed more than six incidents between spring, 1986, and early 1987 in which Danta stood in the doorway of his office with his shirt pulled up and his pants and underwear pulled down, a deadpan expression on his face. Rodrigue, who has been hired to teach geography this fall at Cal State Chico, said she also told university officials of another incident in which Danta allegedly came into her office one evening and fondled himself am extremely concerned about him being in contact with students because he has shown he cannot control himself,\u201d Rodrigue said. \u201cAnd I\u2019m angry about the university\u2019s decision. It just shows that the old boy network protects its own.\u201d The Danta case marks the second time this summer a professor has been reinstated after being fired by campus officials. Last month, the State Personnel Board ordered to reinstate Eleazu S. Obinna, a Pan-African studies professor who was fired last summer for allegedly offering students \u201cA\u201d grades in exchange for selling raffle tickets to raise money for his nonprofit foundation. The state board also ordered Obinna suspended for 90 days. More to Read 28/02/2025, 19:30 Exhibitionist Teacher Rehired : Fired for Exposing Self to Female Instructors - Los Angeles Times 3/4 Copyright \u00a9 2025, Los Angeles Times \| Terms of Service \| Privacy Policy Notice of Collection \| Do Not Sell or Share My Personal Information Charges that a Davis professor threatened Zionists are unresolved. Regents want action Jan. 23, 2025 professor was accused of sexual harassment. He\u2019s back in the lab Sept. 23, 2024 confirms former coach Pete Carroll is returning ... to teach Aug. 21, 2024 28/02/2025, 19:30 Exhibitionist Teacher Rehired : Fired for Exposing Self to Female Instructors - Los Angeles Times 4/4", "7261_102.pdf": "Exhibitionist Teacher Rehired : Fired for Exposing Self to Female Instructors By Aug. 19, 1989 12 California higher-education officials have reinstated a Cal State Northridge geography professor who was fired after he admitted exposing himself to two female instructors. Associate professor Darrick Danta will resume teaching when classes begin in September, said Jeff Stetson, a spokesman for the chancellor\u2019s office of the Cal State University system. But an attorney for the two female instructors said that under the terms of a settlement between Danta and officials, Danta will be suspended without pay for a year beginning in January. University officials refused to comment further, saying it is a personnel matter. Danta, a 34-year-old tenured professor, was fired by president James W. Cleary in November after admitting that he exposed himself to instructors Carolyn McGovern- Bowen and Christine Rodrigue. Danta, who has taught at for four years, said Friday his behavior toward the two women, which included pulling his pants and underwear down to his knees on several occasions, was \u201ca joke.\u201d Agreement Reached 28/02/2025, 19:31 Exhibitionist Teacher Rehired : Fired for Exposing Self to Female Instructors - Los Angeles Times 1/4 Danta appealed his firing and the matter was turned over to an arbitrator. On July 31, after four days of testimony in the case officials and Danta reached an agreement, said Joseph C. Pinto, an attorney for the women. Pinto said Danta defended himself during the hearing by claiming that off-color jokes and \u201cbody humor\u201d were accepted behavior in CSUN\u2019s geography department. Danta would not comment on the settlement, except to criticize Cleary for dismissing him without allowing him to present his case at a formal hearing. Several people involved in the case, who asked not to be identified, suggested that officials reversed Cleary\u2019s decision because administrators failed to conduct the investigation properly. In early summer of 1988, CSUN\u2019s Affirmative Action Programs Office, which handles sexual harassment complaints, questioned Danta about his behavior, but did not tell him who his accusers were and that he was subject to disciplinary action if he admitted exposing himself, the sources said. Without those disclosures, Danta\u2019s confession may have been extracted unfairly, they said. But a spokesman for Assemblywoman Marian W. La Follette (R-Northridge), a member of the Assembly Education Committee, said Danta should have been fired anyway. Under the university\u2019s sexual harassment policy, behavior of a sexual nature that creates a hostile working or learning environment is punishable by dismissal, depending on the circumstances, said spokeswoman Gloria Wells 28/02/2025, 19:31 Exhibitionist Teacher Rehired : Fired for Exposing Self to Female Instructors - Los Angeles Times 2/4 Multiple Complaints Rodrigue said her complaint against Danta detailed more than six incidents between spring, 1986, and early 1987 in which Danta stood in the doorway of his office with his shirt pulled up and his pants and underwear pulled down, a deadpan expression on his face. Rodrigue, who has been hired to teach geography this fall at Cal State Chico, said she also told university officials of another incident in which Danta allegedly came into her office one evening and fondled himself am extremely concerned about him being in contact with students because he has shown he cannot control himself,\u201d Rodrigue said. \u201cAnd I\u2019m angry about the university\u2019s decision. It just shows that the old boy network protects its own.\u201d The Danta case marks the second time this summer a professor has been reinstated after being fired by campus officials. Last month, the State Personnel Board ordered to reinstate Eleazu S. Obinna, a Pan-African studies professor who was fired last summer for allegedly offering students \u201cA\u201d grades in exchange for selling raffle tickets to raise money for his nonprofit foundation. The state board also ordered Obinna suspended for 90 days. More to Read Charges that a Davis professor threatened Zionists are unresolved. Regents want action Jan. 23, 2025 28/02/2025, 19:31 Exhibitionist Teacher Rehired : Fired for Exposing Self to Female Instructors - Los Angeles Times 3/4 Copyright \u00a9 2025, Los Angeles Times \| Terms of Service \| Privacy Policy Notice of Collection \| Do Not Sell or Share My Personal Information professor was accused of sexual harassment. He\u2019s back in the lab Sept. 23, 2024 confirms former coach Pete Carroll is returning ... to teach Aug. 21, 2024 28/02/2025, 19:31 Exhibitionist Teacher Rehired : Fired for Exposing Self to Female Instructors - Los Angeles Times 4/4"}
8,209	Juan Obarrio	Johns Hopkins University	[ "8209_101.pdf", "8209_102.pdf", "8209_103.pdf", "8209_104.pdf", "8209_103.pdf", "8209_103.pdf" ]	{"8209_103.pdf": "Johns Hopkins professor resigns after school finds he violated sexual misconduct policy By Liz Bowie tenured professor of molecular biology and genetics at the Johns Hopkins School of Medicine resigned under pressure after the university found he violated university sexual misconduct policy. The professor was identified as Dr. Sinisa Urban in an email, obtained by The Baltimore Sun, that was sent to the department earlier this month by Carol Greider, director of the Department of Molecular Biology and Genetics. He also was named by Kyle Cavagnini, president of the graduate student association for the past academic year, and a source with knowledge of the situation. Cavagnini, a graduate student within the department of biological chemistry was involved in discussions between the university and students after a complaint was filed last fall against Urban. Urban is one of two Hopkins professors who left after being investigated for sexual misconduct, joining Juan Obarrio, who was terminated after his tenure was revoked last week. In an internal letter obtained by The Sun, the university\u2019s top officials said two professors were investigated by the Office of Institutional Equity and found to have been involved in conduct that violated university sexual misconduct policy. Neither Urban nor Obarrio was named in that letter separate email, also obtained by The Sun, sent to the anthropology department identified Obarrio. Urban did not return phone calls seeking comment Thursday. His Facebook and LinkedIn pages are not operating, and all references and contact information have been expunged from Johns Hopkins websites and directories. 3/15/25, 12:32 Johns Hopkins professor resigns after school finds he violated sexual misconduct policy - Baltimore Sun 1/3 The internal letter written by Hopkins officials, including Paul Rothman, the of Johns Hopkins Medicine, said one of those professors who recently departed \u201cwas a full professor in the School of Medicine who resigned of his own accord following a recommendation of termination by the advisory board of the medical faculty, the dean of the School of Medicine, and the provost. The faculty member was found to have engaged in sexual harassment of a student, abusive and bullying behavior toward trainees, and other inappropriate behaviors.\u201d Cavagnini said the graduate student association helped the process by \u201chaving an ear or acting more as a go-between to get clarity on the investigation and disciplinary procedures.\u201d The second professor, Obarrio, was an anthropology professor who was fired by the Johns Hopkins University\u2019s Board of Trustees after an investigation determined he violated the school\u2019s sexual misconduct policy. Obarrio\u2019s tenure was revoked and his faculty appointment terminated. Student activists have been calling for him to be fired after multiple people told university officials they witnessed an incident between him and a visiting graduate student in a Baltimore bar last year. Urban was born in Croatia and earned a undergraduate degree at the University of Alberta and a doctorate from the University of Cambridge. He worked at the Harvard University Medical School before being recruited to Hopkins in 2006, according to information on a website describing his research. In her email, Greider said Urban resigned just before the board of trustees was about to vote on a recommendation to terminate him. In addition to violating the university\u2019s sexual misconduct policy, Urban was found to have violated the school\u2019s guidelines for conduct in teacher/learner relationships and the medical school\u2019s Code of Professional Conduct for Faculty, Greider wrote. She went on to say that \u201cwe all need to be mindful of how we treat each other in all working relationships. We are committed to helping to change the culture so that together we can help create a positive environment for our students, post-docs, faculty, and staff. \u201d 3/15/25, 12:32 Johns Hopkins professor resigns after school finds he violated sexual misconduct policy - Baltimore Sun 2/3 Greider\u2019s letter also gave staff and students phone numbers and links to file a formal complaint to the university or to make an anonymous tip. Cavagnini said Hopkins acted swiftly once the complaint had been filed in the fall determination was made by spring, a timetable he described as \u201cunheard of in academia.\u201d \u201cHopkins has put significant personnel and financial resources into building up its infrastructure for harassment cases over the past few years,\u201d he said, adding that student associations had given their input. \u201cThere is of course further work to do ... but think they deserve credit on this one especially in context to what passes for common practice at other institutions.\u201d Cavagnini said he hoped that recent steps taken by the National Institutes of Health and the National Academies of Science, Engineering and Medicine would help stem the incidents of sexual harassment. The National Academies report, released in June 2018, said sexual harassment of women in academic sciences and medicine does damage to research integrity, limits careers and causes the loss of talent in the field. Institutions should take steps to prevent a culture of gender harassment, the report said. The National Institutes of Health has convened a work group to look at sexual harassment in science Article 7 of 96 3/15/25, 12:32 Johns Hopkins professor resigns after school finds he violated sexual misconduct policy - Baltimore Sun 3/3"}
7,247	David E. Jacobson	Brandeis University	[ "7247_101.pdf", "7247_101.pdf" ]	{"7247_101.pdf": "\" settlement between a Brandeis University professor and a former student who alleged he sexually assaulted and harassed her reportedly requires him to make a cash payment to the woman and stay off campus for two years. Professor David E. Jacobson \"denied the charge, and the settlement does not constitute an admission by Professor Jacobson that he harassed the former student,\" Brandeis vice president Sallie Riggs said Friday. Jacobson and the former student reached the settlement shortly before a faculty discipline hearing that could have resulted in his losing tenure as an associate professor of anthropology at the Waltham school, The Boston Globe reported Saturday. In addition to the payment and remaining off campus, Jacobson agreed that when he resumes teaching he will not meet alone with women, the newspaper quoted an unidentified source as saying.\" \"Professor Settles Sex-Harass Charge, Reportedly Is Banned From Campus\", Associated Press, Aug. 8., 1987"}
7,694	Brad Monton	University of Colorado ‚Äì Boulder	[ "7694_101.pdf", "7694_102.pdf", "7694_103.pdf" ]	{"7694_103.pdf": "The divine comedy Creationism Running gags Biblical literalism Young/Old Earth Intelligent design Creation scientists Jokes aside Radiometric dating Atmosphere of the Moon Fossil Evolution Blooper reel Creation Research Society Nebraska Man Young Earth creationism Satan Evolutionism debunkers B.H. Shadduck Michael Cremo Sam Brownback Steve Turley v - t - e ( g/w/index.php?title=Templat e:Crenav&action=edit) Bradley Monton Bradley Monton is an Associate Professor at the University of Colorado, Boulder, notable mostly for allegedly being both an atheist and an Intelligent Design defender. He published a book, Seeking God in Science: An Atheist Defends Intelligent Design, in 2009. He has also written a paper on the Dover trial[1] and given an interview to Casey Luskin.[2] He's not a random crank - he got his Ph.D. in Philosophy at Princeton in 1999.[3] Monton resigned from Boulder in 2014 after allegations of inappropriate relationships with students, part of a larger scandal involving sexual harassment in the philosophy department at Boulder. He was paid out $185,000, which a Boulder official described as a business decision.[4 will now argue that it is counterproductive to restrict scientific activity in such a way that hypotheses that invoke the supernatural are ruled out.[5] This is a doctrine that endorse, though realize that not all atheists will endorse it. The reason that endorse the doctrine is that (as I\u2019ll explain in Chapter 3 think there is some evidence for an intelligent designer, and in fact think there is some evidence that the intelligent designer is God.[6] Bradley Monton's faculty page ( nton.shtml) at the UoCB's website Bradley Monton\u2019s Blog ( (his title, not ours) An Atheist Defends Intelligent-Design Creationism ( g/archives/2010/01/an-atheist-defe.html), Matt Young, The Panda's Thumb, 2 January 2010 (a review/critique of Monton's book) Can\u2019t philosophers tell the difference between science and religion?: Demarcation revisited ( Robert T. Pennock, Synthese, Volume 178, Number 2, DOI: 10.1007/s11229-009-9547-3 (a scholarly article, full text available) 1. \"Is Intelligent Design Science? Dissecting the Dover Decision\" ( Quotes External links References 28/02/2025, 20:04 Bradley Monton - RationalWiki 1/2 [show] v - t - e ( 2. Atheists for Intelligent Design - part 1 ( (video), IDquest (channel ( YouTube, 26 July 2009 3. Bradley Monton's ( cv.pdf) (PDF) 4. CU-Boulder to pay philosophy professor Brad Monton $185K to resign ( u-news/ci_26985850/cu-boulder-pay-philosophy-professor-brad-monton-185k) by Sarah Kuta Dailycamera 5. 6. Seeking God in Science: An Atheist Defends Intelligent Design, p. 38 This creationism-related article is a stub. You can help RationalWiki by expanding it ( w/index.php?title=Bradley_Monton&acti on=edit). Articles about creationism Retrieved from \" This page was last edited on 23 August 2024, at 16:53. Unless explicitly noted otherwise, all content licensed as indicated by RationalWiki:Copyrights. For concerns on copyright infringement please see: RationalWiki:Copyright violations 28/02/2025, 20:04 Bradley Monton - RationalWiki 2/2"}
7,558	Christian Miguel Pinto	Smithsonian Institution‚Äôs National Museum of Natural History	[ "7558_101.pdf", "7558_102.pdf", "7558_103.pdf" ]	{"7558_101.pdf": "In June 2011, a visiting scientist at the Smithsonian Institution\u2019s National Museum of Natural History (NMNH) lured a younger research student into an isolated hallway and groped her. Over the past five years, the student \u2014 whom we called by the pseudonym \u201cAngie\u201d in an extensive investigation of her case published last week \u2014 has fought a frustrating battle to get museum officials to protect her from her harasser, a bat researcher named Miguel Pinto Smithsonian bans admitted sexual harasser After last week\u2019s Verge investigation by Michael Balter Nov 3, 2016, 6:30 \| / Comments 0 Smithsonian\u2019s National Museum of Natural History Smithsonian Institution Menu 28/02/2025, 20:07 Smithsonian bans admitted sexual harasser \| The Verge 1/6 On November 1st, Angie was finally given the protection she sought. As of that date, the museum has banned Pinto from its laboratories and collections, ending his status as a \u201cresearch collaborator\u201d and deactivating his entry badge. Museum officials declined to explain their decision: in a terse statement to The Verge communications chief Sarah Goforth said only that \u201cMiguel Pinto is no longer affiliated with the Smithsonian.\u201d But sources at the museum say the move is directly related to the harassment charges, as well as similar allegations against Pinto that have surfaced more recently. These include his recent admission to The Verge of a 2008 harassment episode at Texas Tech University, where he did his masters studies, and allegations by another former student that Pinto had harassed her in 2010 and 2011. Those latter incidents allegedly took place while both that student and Pinto were graduate students at the American Museum of Natural History (AMNH) in New York City. Nancy Simmons, a bat expert at the who was Pinto\u2019s co-advisor at the time, laments that she did not do more wake up in the middle of the night wishing that had known, that had been more observant and proactive about Miguel Pinto and his behavior,\u201d she says. Pinto did not respond to requests for comment. But Angie says the Smithsonian\u2019s decision does not necessarily demonstrate that it is now serious about protecting women from harassment. \u201cThis shows that the Smithsonian will protect women from sexual predators only if publicly shamed into doing so,\u201d she says. Indeed, earlier this week, Congresswoman Jackie Speier (D-CA) wrote to the Smithsonian to urge that it launch its own investigation of the case and closely examine its sexual misconduct policies. The move is directly related to the harassment charges 28/02/2025, 20:07 Smithsonian bans admitted sexual harasser \| The Verge 2/6 \u201cWe cannot change the past,\u201d Simmons says, \u201cbut we can change the future. Sexual harassment needs to end right now, period.\u201d Conrad Labandeira, a paleobiologist at the who has closely followed Angie\u2019s case, praises the decision to ban Pinto. But he says that it \u201cshould have happened some time ago.\u201d Labandeira says that Angie\u2019s long struggle for justice illustrates the need to tackle sexual harassment on two levels. The first, he says, is that of the individual harasser. The second \u201cis the institutional role, establishing a workplace that is free of harassment and other kinds of inequities.\u201d The two approaches, Labandeira stresses, \u201chave to be linked.\u201d Not everyone sees the banning of Pinto as a happy ending, however am very torn in this situation,\u201d says one scientist who asked not to be identified. \u201cThe idea of whether Miguel can be reformed seems to have been lost in favor of pushes to repudiate him as a human being, beyond condemning his terrible behavior.\u201d Pinto now has a research position in his home country of Ecuador, at the National Polytechnic School in Quito. Thus he would only have visited the on occasion. But scientists who know him say that being banned from the museum is likely to seriously affect his research. The NMNH, with 140,000 specimens, has the largest bat collection in the world. 0 More in Science \u201cSexual harassment needs to end right now, period.\u201d 28/02/2025, 20:07 Smithsonian bans admitted sexual harasser \| The Verge 3/6 All the news about charging in the 11:31 Apple accused of misleading consumers with Apple Watch \u2018carbon neutral\u2019 claims 7:47 \| 5 Jeff Bezos is sending Katy Perry to space 27 \| 21 Starlink poised to take over $2.4 billion contract to overhaul air traffic control communication 27 \| 102 Living with extreme heat might make you age faster 26 \| 6 Pixel Watch 3 gets clearance for Loss of Pulse alerts 26 \| 3 28/02/2025, 20:07 Smithsonian bans admitted sexual harasser \| The Verge 4/6 Top Stories Elon enters the circus 5:00 Google\u2019s co-founder tells staff to stop \u2018building nanny products\u2019 3:46 The Verge looks back on Skype 1:34 The will neither confirm nor deny that it\u2019s killing encryption 1:11 Mozilla is already revising its new Firefox terms to clarify how it handles user data 4:12 iPhone 16E review: Eh, it\u2019s alright 26 28/02/2025, 20:07 Smithsonian bans admitted sexual harasser \| The Verge 5/6 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 28/02/2025, 20:07 Smithsonian bans admitted sexual harasser \| The Verge 6/6", "7558_102.pdf": "From Texas to the Smithsonian, following a trail of sexual sex misconduct by Michael Balter Oct 24, 2016, 5:30 \| Menu 28/02/2025, 20:09 From Texas to the Smithsonian, following a trail of sexual misconduct \| The Verge 1/26 In June 2011, Angie, a research student at the National Museum of Natural History in Washington, DC, was attending a popular Friday evening happy hour at the museum. During the event, she says, another scientist lured her into a hallway on a pretext and then suddenly groped her buttocks. That scientist was Miguel Pinto, a visiting researcher at and a PhD student at the American Museum of Natural History (AMNH) in New York. He admits that he did it. But the Smithsonian Institution, which runs NMNH, did little to protect Angie (not her real name) from further encounters with Pinto. Pinto, widely regarded as a talented mammalogist, had a prior record of misconduct. In 2008, while a biology masters student at Texas Tech University, he was admonished for inappropriate behavior with an undergraduate. His advisor was Robert Baker, a legendary bat researcher. Baker was also, as one current student in the department opines, a legendary \u201cdirty old man.\u201d Before Baker\u2019s retirement last year, that student says, she witnessed him making physical contact with female students, including giving them hugs and backrubs. \u201cHe would come into the room and ask for hugs, but just the girls.\u201d The details uncovered by The Verge have now forced the chair of TTU\u2019s biology department, behavioral ecologist Ronald Chesser, to step down pending an investigation of extremely sexist remarks sex he made at Baker\u2019s retirement party last year, which were caught on video. The inquiry is also examining an alleged decades-long culture of sexism in the sex department. Smithsonian Institution Our news stories are free to read. To get all access to The Verge, subscribe now 28/02/2025, 20:09 From Texas to the Smithsonian, following a trail of sexual misconduct \| The Verge 2/26 \u201cTexas Tech is now examining an alleged decades-long culture of sexism in the department.\u201d To some, what happened to Angie might seem like a minor \"boys will be boys\" episode. But for Angie, it was a traumatic violation. It left her a nervous wreck, terrified of running into Pinto again at the museum, and looking over her shoulder at every turn. Yet many personnel insisted on referring to actions that could constitute a sexual assault as a \"misunderstanding,\" taking Pinto\u2019s word for it that he would never do it again. The Verge\u2019s reporting suggests that many administrators and researchers at the museum may have been blinded by Pinto\u2019s supposed scientific brilliance and chose to minimize what he had done. Over the next several years, Angie was shuffled from office to office in Kafka-esque fashion, leaving her feeling hopeless and despondent. For Angie, the NMNH, which had been such a wonderful place to do research, now felt like a hostile work environment. Over the past year, numerous sexual harassment scandals have surfaced in the sex sciences. Geoff Marcy, an astronomer at the University of California, Berkeley, was found guilty of kissing and groping his female students. (Marcy resigned his position when the story broke in BuzzFeed.) Jason Lieb, a molecular biologist at the University of Chicago, was said to have made unwanted sexual advances sex to graduate students; he also resigned. Caltech astronomer Christian Ott was suspended for harassment, a first in the university\u2019s history paleoanthropologist Our news stories are free to read. To get all access to The Verge, subscribe now. 28/02/2025, 20:09 From Texas to the Smithsonian, following a trail of sexual misconduct \| The Verge 3/26 at the American Museum of Natural History, Brian Richmond, was repeatedly investigated for sexual misconduct. Angie\u2019s story is an example of how systemic sex sexism in the sciences leaves many administrators ill-prepared to deal with victims sex of sexual misconduct. sex All of the administrators involved at the we contacted have declined to comment, citing confidentiality rules, even though both Angie and Pinto have told their stories publicly. (Angie is using a pseudonym to protect her privacy, to avoid retaliation, and so she will be known for her research and not her status as a sexual sex assault victim Our news stories are free to read. To get all access to The Verge, subscribe now. 28/02/2025, 20:09 From Texas to the Smithsonian, following a trail of sexual misconduct \| The Verge 4/26 map of New York state flood zones in the On the evening of June 3rd, 2011, Angie recalls, she\u2019d gone to the student and staff happy hour. Pinto, whom she didn\u2019t know well, was there, too. They struck up a conversation. After some minutes Pinto asked to borrow her cell phone, saying he wanted to call a friend. They stepped out into the hallway. No one else was around. Angie went to use a nearby restroom. When she returned, she saw that Pinto was accessing the internet on her phone. She angrily demanded her phone back, she says, whereupon he suddenly grabbed her buttocks. Shocked, she grabbed the phone and ran back into the happy hour. \u201cIt was absolutely terrifying to have a near stranger\u2019s hands on my body,\u201d Angie says. \u201cHe had lured me into an isolated space was overtaken by fear since had no idea what was going to happen next. When ran away didn\u2019t know if he was going to follow me Our news stories are free to read. To get all access to The Verge, subscribe now. 28/02/2025, 20:09 From Texas to the Smithsonian, following a trail of sexual misconduct \| The Verge 5/26 \u201cPinto admits to the basic facts\u201d Pinto, in email comments to The Verge, admits the basic facts, including Angie\u2019s assertion that he used the cell phone as a ruse to lure her outside. Pinto claims that he and Angie were \"chatting and laughing\" and that he received \"verbal and physical clues\" that she was flirting with him. Once in the hallway, he says got nervous on how to respond to her flirting signals and grab her behinds.\" (English is not Pinto\u2019s native language.) When she rejected his advances, Pinto says, he realized that did a bad reading of the situation.\" He left the museum \"very confused.\" Angie flatly dismisses Pinto\u2019s suggestion that she was flirting with him. \u201cChatting and laughing is what social events are for,\u201d she says. If he really thought she was flirting, she adds, \u201cwhy did he feel the need to be dishonest? He could have asked for my phone number [and] asked me to go on a date with him.\u201d Some female researchers who know Pinto describe him as socially awkward, and, as two of them told The Verge, they felt he was a little \u201ccreepy former student at Texas Tech, who knew Pinto there, remarks that \u201che had a reputation as a man you didn\u2019t want to be cornered by at a party Our news stories are free to read. To get all access to The Verge, subscribe now. 28/02/2025, 20:09 From Texas to the Smithsonian, following a trail of sexual misconduct \| The Verge 6/26 The day after the happy hour, Angie contacted her adviser. (His name is also being withheld to help protect her identity.) The adviser wrote a memo to the museum\u2019s equal employment opportunity (EEO) specialist, Shadella Davis, reporting the allegations. Later he went to her office to discuss the situation. Angie and her adviser thought that these actions constituted an official report on the matter. They would only learn later, they both say, that this was not the case. On June 7th, Pinto sat down with his own adviser mammalogist Kris Helgen, for a counseling session. In a memorandum of the meeting, which both signed the next day, Helgen wrote that Pinto had acknowledged that the episode with Angie had taken place, and \u201cthat it resulted from a misunderstanding and misjudgment on his part.\u201d Helgen added that \u201cMiguel gave me his assurance that such an event would never happen again.\u201d In a written statement to The Verge, Helgen says that he had known Pinto since 2004, when he was still an undergraduate student in Ecuador was not aware of any previous complaints about his behavior.\u201d Helgen says that Pinto did not tell him about the 2008 allegations at Texas Tech, although he cannot now recall whether he asked about prior episodes. (Anne Canty, vice president for communications at the AMNH, told The Verge that the did not learn of any allegations concerning Pinto while he was a PhD student there, nor did his doctoral supervisors, mammalogists Susan Perkins and Nancy Simmons.) \u201c'He had a reputation as a man you didn\u2019t want to be cornered by at a party.'\u201d The encounter with Pinto left Angie badly shaken. Yet her real troubles were just beginning. After a few years mostly away from the museum, while she pursued her formal education, Angie made plans for an extended stay back at the NMNH. But just before a short visit in 2014, she learned, to her horror, that Pinto had been awarded two prestigious postdoctoral fellowships at the NMNH. The fellowships would overlap with the time she was planning to be there. Our news stories are free to read. To get all access to The Verge, subscribe now. 28/02/2025, 20:09 From Texas to the Smithsonian, following a trail of sexual misconduct \| The Verge 7/26 Angie pleaded with administrators to keep Pinto away from her. They included Mary Sangrey, a coordinator of the NMNH\u2019s visiting students program, and later Tracey Cones, a human resources officer at the museum was freaking out ran into Mary Sangrey\u2019s office crying,\u201d she recalls. But Angie says that she immediately started getting the runaround. Sangrey told her to talk to Shadella Davis, the adviser. After some difficulty she managed to get her on the telephone. Angie says that Davis berated her for not having filed a formal report, but promised to figure out a plan to keep Pinto away from her. This was the first time Angie heard her report wasn\u2019t formal. And when they talked again a few days later, Davis had changed her tune. \u201cShe said that because had never filed a report, she had no obligation to help me.\u201d (Davis, Sangrey, and Cones all declined to comment for this story.) It turned out that Angie, unknowingly, had not followed the official procedure for filing a complaint. That required her to go in person to a specific office at within 45 days of the encounter with Pinto. Both Angie and her adviser say that they were not aware of this rule, and that no one \u2014 including Davis in 2011 \u2014 ever told them about it. \u201cIt turned out that Angie, unknowingly, had not followed the official procedure\u201d At the Smithsonian Institution, which follows federal guidelines for reporting sexual misconduct Our news stories are free to read. To get all access to The Verge, subscribe now. 28/02/2025, 20:09 From Texas to the Smithsonian, following a trail of sexual misconduct \| The Verge 8/26 \"it\u2019s the person who is harassed who has to jump through all the hoops, and the hoops are not always specified,\" says Conrad Labandeira, a paleobiologist at the who emerged as an advocate for Angie during her struggles to be heard by administrators. \"Interacting with the administrators was maddening,\" Angie says. And the absence of an official complaint would play heavily in what followed. Over the following months Angie attended several meetings with Sangrey, Cones, and other administrators. One of them included Eric Woodard, head of the Smithsonian\u2019s office of fellowships and internships and a former aide to Hillary Clinton. Angie says that Woodard was dismissive of her concerns, telling her that it could have been worse and repeating Pinto\u2019s assertion that it was all a misunderstanding. Woodard, Angie recalls, pointed to his association with Clinton as evidence that he was pro-woman. Angie says that this meeting \u201cwas a disaster. They ganged up on me.\u201d (Woodard declined to comment for this story.) Angie\u2019s hopes were raised when Sangrey suggested that she go to see Chandra Heilman, the Smithsonian\u2019s ombudsman, to discuss her case expected that Heilman would at least have treated me with respect, if not sympathy,\u201d Angie says. But that meeting went just as badly. \u201cShe repeatedly told me what a great scientist Miguel Pinto is,\u201d Angie recalls, something that she had also heard from Sangrey and others. Heilman said that people usually approached her because they had an ongoing problem with misconduct, but that she had \u201conly one incident,\u201d Angie says. And when Heilman mentioned that alcohol had been served at the 2011 happy hour, Angie asked her if that meant Pinto should not be held responsible for his actions Our news stories are free to read. To get all access to The Verge, subscribe now. 28/02/2025, 20:09 From Texas to the Smithsonian, following a trail of sexual misconduct \| The Verge 9/26 \u201cShe refused to tell me why she had brought up the subject of alcohol.\u201d (Heilman declined to comment.) \u201c\"My right to a safe workplace was a thorn in their sides.\"\u201d Up to this point, Angie referred to what had happened to her as \u201csexual sex harassment.\u201d But when she realized that no one seemed to be taking her seriously, she decided to look up the legal definition of what Pinto had done. According to U.S. Justice Department guidelines, and to Washington law, making unwanted sexual contact is considered a sexual assault. (In Washington, DC, this is actually sex sex called \u201csexual abuse.\u201d) sex Angie says that her treatment by and administrators took a heavy toll. \u201cFor over a year felt that they were trying to run me out of academia because my right to a safe workplace was a thorn in their sides,\u201d she says cannot overstate how demoralizing this was. Oftentimes could barely function because was so despondent was left with the impression that because so many people consider me to be worthless had no future. My years of hard work as a researcher would amount to nothing.\u201d But it seemed the administrators eventually realized they had to do something. In a lengthy email dated August 13th, 2014, Sangrey laid out a series of restrictions that could be put on Pinto\u2019s movements in the museum, including specifying certain exits and entrances that he would use. But she also cautioned Angie to \u201cavoid the areas where you would most likely find Miguel.\u201d Sangrey told Angie to \u201cgive us a heads up\u201d if she wanted to attend an event where Pinto might be present. And on January 5th, 2015, after Angie told Sangrey that she would be in the museum for most of the following March, Sangrey emailed her that security would be alerted, \u201cso you\u2019re covered Our news stories are free to read. To get all access to The Verge, subscribe now. 28/02/2025, 20:09 From Texas to the Smithsonian, following a trail of sexual misconduct \| The Verge 10/26 But on March 8th, shortly before Angie arrived, Helgen sent an email to Sangrey, Cones, Davis, and others, stressing again that the 2011 episode involved \u201cpoor judgement and a mortifying misunderstanding\u201d on Pinto\u2019s part and that he did \u201cnot expect that Miguel will again behave unprofessionally.\u201d Helgen added that while he had advised Pinto to avoid contact with Angie, \u201cmy understanding from conversations have had with Tracey Cones is that we cannot restrict what events these two people can and cannot attend at the Smithsonian.\u201d The following Friday, March 13th, Angie attended another happy hour. She was talking with a friend when suddenly he looked over her shoulder. \u201cMiguel is right behind you,\u201d he said. Above: The Texas Tech biology building Our news stories are free to read. To get all access to The Verge, subscribe now. 28/02/2025, 20:09 From Texas to the Smithsonian, following a trail of sexual misconduct \| The Verge 11/26 When Miguel Pinto arrived on the Texas Tech campus from his native Ecuador in the mid\u20132000s, he was already making a name for himself as a talented mammalogist. At TTU, he began working with Robert Baker, a legendary bat researcher. His star rose quickly. But Pinto may have been learning about more than just mammalogy. In 2008, Pinto told The Verge was accused of sexual harassment\u201d of an undergraduate student. sex gave her back massages, and grab [sic] her breast until she said stop.\u201d Pinto relates that he met that same day with Baker as well as the biology department chair, who at that time was John Zak, an expert in soil microbes. (Zak is now associate dean for research in TTU\u2019s college of arts and sciences was verbally warned,\u201d Pinto relates, \u201cand stay away from the student am positive that this incident at was my worst mistake in my life.\u201d \u201c\"My PhD advisor warned me about him in 1993.\"\u201d Baker\u2019s own reputation may have given Pinto the impression that his conduct was excusable. According to several sources, Baker was well known for both verbal and physical harassment of female students, often in the guise of supposedly friendly banter and affection former student in the department says that she was \"warned about [Baker] by other students almost as soon as started the program.\" Baker\u2019s reputation apparently spread far beyond TTU. \"My PhD adviser warned me about him back in 1993, before went to my first scientific conference,\" says a senior female mammalogist who works at another institution Our news stories are free to read. To get all access to The Verge, subscribe now. 28/02/2025, 20:09 From Texas to the Smithsonian, following a trail of sexual misconduct \| The Verge 12/26 Baker was not alone in creating a sexually inappropriate atmosphere in the biology sex department, current and former members say. During the 2000s, Lou Densmore, a crocodile expert and also a former department chair, held annual Christmas parties with sexually charged themes, according to two former department sex members who attended the parties. One of them said that the parties included an exchange of sex toys. \u201cIt was really, really raunchy,\u201d this witness says, adding that sex they felt that \u201cthe actions of Densmore and other professors contributed to an atmosphere of sexual harassment\u201d and the feeling that the biology department was sex \u201ca hostile place for a woman to be.\u201d In another departmental tradition, two sources told The Verge, some faculty would go out to ogle undergraduate women when the weather turned warm and everyone was wearing fewer clothes. Further, the sources said these faculty members would then return to the department and joke about it openly. According to the sources, Densmore was one of the participants. Densmore did not respond to requests for comment on these allegations, and Zak did not respond to a request to discuss the 2008 events concerning Pinto. However, Robert Baker, reached by telephone at his home in Lubbock, Texas said that he did not recall the sexual harassment accusations against Pinto. Baker sex denied engaging in any inappropriate behavior with students, including giving backrubs. Baker says that it was \u201cnot uncommon for people to walk up to me and give me a hug, both males and females tried to treat everybody equally and give everybody the same opportunities.\u201d (Another current biology faculty member told The Verge that Baker\u2019s failure to remember the incident concerning Pinto could be due to his age and poor health.) Several former female students of Baker\u2019s, who asked not to be identified, said that he was an excellent mentor. These students said that Baker never acted inappropriately with them. While the evidence of Baker\u2019s inappropriate behavior may seem ambiguous, remarks made at his retirement party at the Texas Tech museum clarify both his own apparent attitudes and those of at least some members of the biology faculty. Our news stories are free to read. To get all access to The Verge, subscribe now. 28/02/2025, 20:09 From Texas to the Smithsonian, following a trail of sexual misconduct \| The Verge 13/26 At the party, extremely sexist remarks and images were presented. sex The Verge has obtained a video of the event. The first speaker was John Bickham, a graduate student of Baker\u2019s during the 1970s who is now a scientist with the Columbus, Ohio-based Battelle Memorial Institute. Bickham told a series of jokes that he attributed to Baker. In one, involving a play on words, young women athletes are clearly being referred to as \u201ccunts.\u201d Another was about a competition to make up a poem with the word Timbuktu. The winning entry, according to Bickham \u2014 who illustrated it with a Powerpoint of couples having sex in a tent \u2014 was: \u201cTim and a\u2019hunting went/Spied three lovelies in a sex tent/In the morning wet with dew buck\u2019d one and Tim buck\u2019d two.\u201d The last speaker, before Baker himself, was Ron Chesser, the department chair, who had collaborated with Baker on the health effects of the Chernobyl nuclear accident on animals. Chesser\u2019s Powerpoint presentation was entitled \u201cThings Robert Baker said.\u201d Sprinkled among sometimes amusing anecdotes were blatantly sexist sayings and images. sex Our news stories are free to read. To get all access to The Verge, subscribe now. 28/02/2025, 20:09 From Texas to the Smithsonian, following a trail of sexual misconduct \| The Verge 14/26 Above: Screenshot from the video. One slide featured a photo of a young woman in a crop top, with her abdomen exposed down to low-riding jeans. According to Chesser, Baker never said, \u201cSure, those are nice, but what is her GPA?\u201d In another, Chesser showed a photo of what appears to be a young female researcher; in this case Baker never said, \u201cShe is too young for me.\u201d And in what might be the pi\u00e8ce de r\u00e9sistance, Chesser pointed out that Baker never said wrote the sexual harassment policy.\u201d Chesser added sex that Baker had written a draft of the policy, \u201cbut he misunderstood what was being requested. Robert thought it was a how-to guide.\u201d \u201cChesser perfectly sums up Baker,\u201d says one student in the department. Bickham, through a spokesperson at Battelle, declined to be interviewed, and Chesser did not respond to requests for comment. However, on October 6th, shortly after The Verge approached TTU\u2019s communications chief Chris Cook for the university\u2019s reaction to the video, Chesser was forced to step down as department chair, pending an investigation. The interim chair is now John Zak. In a written statement, Cook said potential issue in the Department of Biological Sciences was recently brought to the attention of university leadership and an inquiry process has been initiated. During this period, the department will operate under an interim chair. There will be no further comment until the inquiry is complete.\u201d Our news stories are free to read. To get all access to The Verge, subscribe now. 28/02/2025, 20:09 From Texas to the Smithsonian, following a trail of sexual misconduct \| The Verge 15/26 never really stood up for myself because just wanted to make it through former student in the department attempted to explain how these sexist behaviors and attitudes were able to persist for so long never really stood up for myself because just wanted to make it through and not rock the boat and endanger my career,\" she says feel real guilt that didn\u2019t do enough to defend myself and my sex. It\u2019s a shitty and cowardly mindset but a strategy for survival am older and braver now.\" In this kind of sexist environment, an instinct for self-preservation is sex understandable. \u201cThe culture and climate of a lab or department must be incredibly toxic that a person thought it was an acceptable idea to take the time and effort to make a Powerpoint of sexist joke highlights,\u201d says Katie Hinde, an anthropologist at sex Arizona State University who has researched sexual harassment in the sciences, sex having seen the video. Miguel Pinto spent several years in that \u201cincredibly toxic\u201d environment Our news stories are free to read. To get all access to The Verge, subscribe now. 28/02/2025, 20:09 From Texas to the Smithsonian, following a trail of sexual misconduct \| The Verge 16/26 Above: An elephant in the rotunda Pinto says that he did not know Angie was there when he walked into the happy hour on March 13th, 2015. \"Kris always told me to avoid her,\" he says never realize she was in the same room never intended to harass or intimidate her, and will never do.\" (Pinto initially answered, on the record, a number of questions posed by The Verge. But later, after he was asked about Robert Baker, he requested that his name and affiliation be removed from this story and he stopped communicating photo of Pinto, taken by one of Angie\u2019s friends and which The Verge has obtained, shows him standing a few feet behind her, but with his back turned. Angie is convinced that he knew she was there, or that he should have, given all the warnings he had to stay away from her. There is no firm evidence, and there were no interactions between the two. Later that evening, Angie wrote a blistering email to Sangrey and Cones describing what had happened. She demanded a serious plan to insure that she would not encounter Pinto again during her time at the museum Our news stories are free to read. To get all access to The Verge, subscribe now. 28/02/2025, 20:09 From Texas to the Smithsonian, following a trail of sexual misconduct \| The Verge 17/26 Cones responded on March 14th that she was \u201csorry\u201d Angie was \u201chaving these experiences\u201d and asked what Angie wanted management to do. (Cones did not respond to Angie\u2019s suggestions until months later.) Sangrey, the same day, wrote a lengthy email expressing surprise that Angie had attended the happy hour. She also claimed \u2014 falsely, given her earlier acknowledgement of Angie\u2019s plans to be there during the month of March \u2014 that she had not been notified of Angie\u2019s arrival date at the museum until the day of the happy hour. \u201cPinto was given another reminder to adhere to \"professional behavior\"\u201d On March 15th, Helgen pulled Pinto into his office for another conference. In a new memo, Helgen reported Pinto\u2019s statements that he did not know Angie was there. Pinto was given another reminder to adhere to \"professional behavior,\" and he was again given a copy of the SI\u2019s harassment guidelines. By this time, Angie says felt there was no hope, either for me personally to be able to work in the museum without having to worry about running into him, or for attitudes and policies to change at the Smithsonian experienced periods of despondency that seemed as if they would never end.\u201d For Angie, things had to get worse before they got better. The following June, when administrators realized that she would soon be returning, there was another flurry of emails. Brian Huber \u2014 then the chair of the paleobiology department, where the happy hours were held \u2014 wrote to Angie on June 8th, assuring her that \u201cMiguel will be told he cannot set foot in Paleo again and that this issue will not just go away.\u201d But by June 19th, Huber had apparently changed his mind. In an email addressed to Angie\u2019s adviser and copied to Sangrey, Cones, and Helgen, he wrote: \u201cYour Our news stories are free to read. To get all access to The Verge, subscribe now. 28/02/2025, 20:09 From Texas to the Smithsonian, following a trail of sexual misconduct \| The Verge 18/26 statement assumes that Miguel Pinto is a sexual predator, but we don\u2019t really know sex what happened. The fact that [Angie] did not file a report with the security office or police and did not claim that a \u2018sexual assault\u2019 occurred until long after their sex encounter is problematic.\u201d Huber added that \u201cwe need to be careful that we do not go too far and violate Miguel Pinto\u2019s rights while at the same time [helping Angie] feel that she should not feel threatened when she is here.\u201d (Huber declined to comment for this story.) Helgen, in an email to the group the same day, expressed similar concerns. Helgen referred twice to the 2011 episode as a \u201cmisunderstanding\u201d and expressed his \u201cvery high opinion of Miguel, both in terms of academic background and conduct\u2026\u201d \u201c\"The fact that [Angie] did not file a report with the security office or police and did not claim that a \u2018sexual assault\u2019 occurred until long after their encounter is problematic.\"\u201d Helgen insists that he followed the \u201cinstitutional guidelines and legal advice\u201d given by museum administrators. Helgen, who stresses that he is speaking only for himself and not the Smithsonian, adds that when, late in 2015, administrators finally decided to toughen their stance concerning Pinto\u2019s movements in the museum, he did not put up any resistance. He \u201cagreed to advise Pinto to fully avoid certain areas of the museums and events\u201d where he might run into Angie. This shift in policy, sources say, is largely attributable to Maureen Kearney, the NMNH\u2019s new associate director for science, whom Angie contacted about her situation after Kearney took over the job in August 2015 Our news stories are free to read. To get all access to The Verge, subscribe now. 28/02/2025, 20:09 From Texas to the Smithsonian, following a trail of sexual misconduct \| The Verge 19/26 (As for Helgen, he later had his own firsthand experience with the Smithsonian\u2019s procedures: this year he narrowly escaped being fired for allegations that he engaged in research misconduct during an expedition he led in Kenya, after an investigation by The Verge showed that an inquiry into those allegations was deeply flawed.) But Conrad Labandeira thinks that Helgen may have gone \u201cabove and beyond\u201d what he was told by Sangrey and Cones. \u201cKris was enabled by the intransigence of Mary and Tracey that they were unable to make any allowance or accommodation for [her].\u201d \u201c\"Sexual harassment or other sexual misconduct\u2026 constitutes scientific misconduct as well.\"\u201d Labandeira, along with Angie, is also critical of the decision to allow Pinto back into the museum for the postdoctoral fellowships. Helgen insists that there was no choice was advised by management that this was a confidential matter\u2026 that should not have been considered in fellowship reviews.\u201d But Labandeira counters that this was the wrong call. Competition for the fellowships is very stiff, and the candidates\u2019 academic records are closely scrutinized, he says. \u201cWe should also be asking about their standing in the community. Other kinds of issues, misconduct, plagiarism, and so forth have to be put on the table. To not do that is a dereliction of a research scientist\u2019s duty.\u201d Labandeira says he doubts Pinto would have received his fellowship if sexual harassment had been considered. sex Our news stories are free to read. To get all access to The Verge, subscribe now. 28/02/2025, 20:09 From Texas to the Smithsonian, following a trail of sexual misconduct \| The Verge 20/26 Katie Hinde, the researcher who studies sexual harassment, agrees with this sex basic principle, though she declined to comment on this specific case. \u201cScience is not just the data and papers, it is also the people and the process,\u201d Hinde says. \u201cSexual harassment or other sexual misconduct within the research community\u2026 Sex sex constitutes scientific misconduct as well.\u201d Advocates for sexual misconduct victims say that a key problem is that institutions sex may be more interested in protecting their reputations than helping victims get justice. That concern can result in an excessive reliance on secrecy and confidentiality, even when the identity of both the accused and accusers are publicly known. This may explain why administrators at the and Smithsonian declined to comment on the Pinto case, referring to the confidentiality guidelines. \u201cThere\u2019s no escaping what it looks like,\u201d says Janet Stemwedel, chair of philosophy at San Jose State University in California. \u201cThat [institutions are] maintaining confidentiality to avoid exposing details of a process that hasn\u2019t been effective, that hasn\u2019t been fair, and that would bring more negative attention if the details were known.\u201d Stemwedel adds that the institutions may think they have good reason to do this, such as avoiding litigation. \u201cBut building trust without transparency is hard.\u201d Even at universities, which \u2014 unlike the Smithsonian \u2014 are governed by the somewhat more victim-friendly Title of the education code, misconduct victims face \u201ca structure that focuses on compliance rather than doing the right thing,\u201d says Kathryn Clancy, an anthropologist at the University of Illinois and sexual sex harassment researcher. \u201cMisconduct victims face \"a structure that focuses on compliance rather than doing the right thing Our news stories are free to read. To get all access to The Verge, subscribe now. 28/02/2025, 20:09 From Texas to the Smithsonian, following a trail of sexual misconduct \| The Verge 21/26 Sources at the say that the Pinto case has been a wake-up call for some administrators, including Maureen Kearney. She and other museum officials are reportedly looking for new ways to make sure that the can go beyond the bureaucratic procedures that have often made the SI\u2019s procedures ineffective and victim unfriendly. But officials refuse to discuss publicly what they might be doing to update their sexual harassment guidelines, saying only that they are constantly sex reviewing them for improvements. Meanwhile, The Verge\u2019s investigation has uncovered no evidence that Pinto engaged in sexual misconduct since 2011. Pinto says that he has learned his lesson. sex \u201cConstantly question my behavior during the 2008 and 2011 episodes,\u201d he says am extremely grateful for having good friends and colleagues, that gave me a hard time for these actions and also gave me advice to avoid situations that may lead to sexual harassment.\u201d Pinto, who now leads a research group at the National sex Polytechnic School in Quito, says that his team \u201cincludes seven women in different stages of their careers am trying to learn from my mistakes.\u201d How will we know that Pinto and other perpetrators really have reformed don\u2019t think we can be confident that a harasser won\u2019t do it again,\u201d Stemwedel told The Verge. But she thinks the main focus should be on the institutions rather than the individuals. \u201cThe environment makes it possible, and dealing with harassers as isolated bad apples does little to change that environment.\u201d Meanwhile, Angie is trying to get on with her life. She has just started an exciting new graduate program far from the museum. \u201cWhen am away from the museum am often able to keep my previous experiences out of my thoughts,\u201d she says. \u201cBut the anger has never gone away because the administrative mishandling of my situation just goes on and on.\u201d All too often, Angie says, she suffers from the Our news stories are free to read. To get all access to The Verge, subscribe now. 28/02/2025, 20:09 From Texas to the Smithsonian, following a trail of sexual misconduct \| The Verge 22/26 headaches and knotted up stomach that have afflicted her for the past five years. And Smithsonian administrators, she adds, are still free \u201cto destroy women\u2019s careers and break their spirits. As long as this is the case, it will be impossible for me to move past this.\u201d Just a few weeks ago, Angie received a copy of the conclusions of a recent investigation by SI\u2019s Office of Inspector General (OIG) into her complaints that her case had been mishandled. \u201cThe has determined that there were no violations of Smithsonian policies with respect to this matter,\u201d it reads. \u201cWe recommend this matter to be closed at this time.\u201d Correction: The original version of this story mis-identified one of Pinto\u2019s co- advisors. She is Nancy Simmons, not Nancy Sullivan. We regret the error More in Report Cold Wallet\u2019s director wanted to make a revenge thriller for the crypto era 11:30 Framework Desktop hands-on: a possible new direction for gaming desktops 26 Our news stories are free to read. To get all access to The Verge, subscribe now. 28/02/2025, 20:09 From Texas to the Smithsonian, following a trail of sexual misconduct \| The Verge 23/26 Top Stories Three years later, the Steam Deck has dominated handheld gaming 25 South of Midnight\u2019s Southern Gothic folklore world is rooted in authenticity 21 Elden Ring Nightreign\u2019s director isn\u2019t sorry about how stressful it is 14 Sonos explored creating a MagSafe speaker for iPhones 6 Elon enters the circus 5:00 Google\u2019s co-founder tells staff to stop \u2018building nanny products\u2019 3:46 1:34 Our news stories are free to read. To get all access to The Verge, subscribe now. 28/02/2025, 20:09 From Texas to the Smithsonian, following a trail of sexual misconduct \| The Verge 24/26 The Verge looks back on Skype The will neither confirm nor deny that it\u2019s killing encryption 1:11 Mozilla is already revising its new Firefox terms to clarify how it handles user data 4:12 iPhone 16E review: Eh, it\u2019s alright 26 Our news stories are free to read. To get all access to The Verge, subscribe now. 28/02/2025, 20:09 From Texas to the Smithsonian, following a trail of sexual misconduct \| The Verge 25/26 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. 28/02/2025, 20:09 From Texas to the Smithsonian, following a trail of sexual misconduct \| The Verge 26/26", "7558_103.pdf": "The Smithsonian\u2019s sexual harassment prevention program is absolutely useless \"Committed to Dialogue\" \u00b7 Follow 5 min read \u00b7 Mar 2, 2017 51 1 In 2011, Miguel Pinto sexually assaulted me in the Smithsonian\u2019s National Miguel Museum of Natural History (NMNH). Soon thereafter, my advisor sent a written memo to the the Smithsonian\u2019s Office of Equal Employment and Minority Affairs, and Pinto admitted everything to his advisor, Kris Helgen. At the time, Pinto was a Ph.D. student in New York who only occasionally visited the Smithsonian. In 2014, Pinto was awarded a postdoctoral fellowship that would bring him back to Helgen\u2019s lab in the had a number of meetings with and administrators. One of my first meetings was with Mary Sangrey, Eric Woodard, and Wendy Wiswall. At that time, we all thought that there was an official report on file about Pinto sexually assaulting me. Sangrey, Woodard, and Wiswall lectured me on how Pinto and Helgen are great scientists. Woodard told me that the Office of Fellowships and Internships does not, Open in app Sign up Sign in Search Write 28/02/2025, 20:10 The Smithsonian\u2019s sexual harassment prevention program is absolutely useless \| by \"Committed to Dialogue\" \| Medium 1/10 and will not, consider internal reports of sexual misconduct when awarding academic appointments. He mentioned that there was no police report on file. Woodard also told me repeatedly that there was no way to ban Pinto from the NMNH. (There is a tape recording of this conversation; as noted by Congresswoman Jackie Speier requested a copy of this tape recording last summer and still have not received a copy.) In other words, the Smithsonian\u2019s system for reporting sexual misconduct is truly useless. Reports can be ignored for the purposes of awarding multi- year fellowships to known sexual predators. Victims are berated for not going to the police (though the policy does not require victims to contact the police, and it\u2019s widely known that law enforcement does a terrible job of handling these matters little bit later in 2014, when we all discovered that there was no report on file, the Smithsonian administrators\u2019 excuses changed ever-so-slightly. The administrators still refused to help me, but instead of saying that they wouldn\u2019t help me because hadn\u2019t gone to the police, they said they wouldn\u2019t help me because didn\u2019t have a report on file. Of course, soon after The Verge published an investigation into the Smithsonian\u2019s horrendous mishandling of this situation, Pinto was banned from the museum (even though there still was no report on file against him). Which just goes to show that the Smithsonian can protect women from sexual predators, even if there is no report on file. The Smithsonian simply chooses not to protect us, and will not act unless publicly shamed into doing so. In the months since The Verge published its investigation, the Smithsonian has demonstrated a continued inability to get its act together made some 28/02/2025, 20:10 The Smithsonian\u2019s sexual harassment prevention program is absolutely useless \| by \"Committed to Dialogue\" \| Medium 2/10 pretty simple suggestions: the many administrators who mishandled this situation should apologize, students should be informed that they may be protected by Title while at the Smithsonian, a meaningful new policy should be enacted. None of this has happened, etc. Not a single one of these suggestions has been implemented, and Kirk Johnson has not replied to my e-mail on this matter despite having claimed that he is \u201ccommitted to dialogue on this important subject.\u201d Not long ago received an e-mail about the requirement that Smithsonian researchers take Prevention of Workplace Harassment Training. That\u2019s the only thing that\u2019s happened in response to the revelations that the Smithsonian totally and completely does not have its act together. The e-mail was sent out by Mary Sangrey. Sangrey lied to me, via e-mail, multiple times. She is demonstrably unfit to administer any program involving research appointees and sexual misconduct. (As a bonus, Sangrey is also friends with Miguel Pinto on Facebook. The two of them have been Miguel pals since Pinto came to the as an undergraduate intern sometimes wonder how differently my life would have turned out if one of the key people for harassment prevention at the weren\u2019t a buddy of the scumbag who sexually assaulted me.) Sangrey\u2019s e-mail begins with: \u201cAs I\u2019m sure you\u2019re aware, the Smithsonian has a zero tolerance policy for workplace harassment.\u201d This statement would be hilarious if it weren\u2019t so very, very sad. The Smithsonian awards fellowships to known sexual assailants. The Smithsonian has zero tolerance for honesty, for fairness, and for basic rights in the workplace, but it\u2019s got an endless amount of tolerance for harassment. 28/02/2025, 20:10 The Smithsonian\u2019s sexual harassment prevention program is absolutely useless \| by \"Committed to Dialogue\" \| Medium 3/10 The training itself is pathetic learned that making fun of someone\u2019s mullet does not count as harassment (\u201cGenerally, one\u2019s taste in hairstyles is not protected by law\u201d), which is nice to know? But their section on a \u201chostile environment\u201d is a joke. One slide says: \u201cHostile environment harassment arises when unwanted conduct, directed at one or more members of a protected class or someone associated with a protected class, is sufficiently severe and pervasive that it alters working conditions and creates an intimidating, hostile, or offensive working environment.\u201d [emphasis mine] The very next slide says: \u201cIn order for an unlawful hostile work environment to be found, the conduct in question must be severe and/or pervasive (i.e., it must be really bad or happen a lot).\u201d [emphasis mine] So, if misconduct is severe but not pervasive, does the Smithsonian have an obligation to do something about it? The Smithsonian itself appears not to know. (This is not a hypothetical question. When raised my concerns about Pinto \u2014 an individual who admitted to an investigative reporter that he has sexually assaulted multiple women \u2014 administrators berated me, telling me repeatedly that Pinto\u2019s assault of me had \u201conly happened once.\u201d) And then there\u2019s the million-dollar question: The next time a researcher commits sexual assault in the Smithsonian, will the assailant be banned from the institution without the victim having to go public? The training acknowledges that \u201c[i]n general, physical conduct is considered more severe than verbal conduct,\u201d and also claims that \u201ccorrective actions may range 28/02/2025, 20:10 The Smithsonian\u2019s sexual harassment prevention program is absolutely useless \| by \"Committed to Dialogue\" \| Medium 4/10 from a verbal reprimand to disciplinary action up to and including possible termination.\u201d But all of the wording is so vague have no reason to believe that the Smithsonian will ever do the right thing unless publicly shamed few other observations: According to the training, \u201cYour manager should ensure that everyone understands Policy Statements including procedures for filing complaints.\u201d The problem is that the person responsible for carrying out Policy Statements including procedures for filing complaints\u201d led my \u201cmanager\u201d to believe we had a report on file, when in fact we didn\u2019t. What good is this policy if it\u2019s subject to the whims of a person who doesn\u2019t want to see it implemented? One slide says, \u201cWhat can you do to prevent harassment in your workplace? The most important thing is to show your coworkers respect.\u201d Smithsonian administrators disrespected me more times than could possibly count. They lectured me about how brilliant Pinto and Helgen are guess they had not yet received this training. One of the final quiz questions is, \u201cWhich of the following should you do if you are the victim of harassment?\u201d The options include \u201cImmediately hire a lawyer,\u201d however this option is considered to be incorrect. As have written previously, immediately contacting a lawyer is a very good idea for victims at the Smithsonian, because the administration will mishandle these situations for years if given the chance. Last year learned that the Smithsonian will protect women from sexual predators only if publicly shamed into doing so. This year learned that the Smithsonian still has not learned its lesson, and has not taken meaningful action to prevent sexual misconduct. 28/02/2025, 20:10 The Smithsonian\u2019s sexual harassment prevention program is absolutely useless \| by \"Committed to Dialogue\" \| Medium 5/10 Written by \"Committed to Dialogue\" 27 Followers \u00b7 30 Following was sexually assaulted at the Smithsonian in 2011, and the museum administration continues to mishandle my case. Here write about ways to move forward. Follow Responses (1) Write a response Milt Dec 20, 2022 was hired in March 2015 as a Major Gifts Fundraiser by the National Museum of African Art. By April 2015 was being severely harassed, denied funding and travel (critical components of my job) and discriminated against contacted Shadella\u2026 more Reply Sexual Assault Sexual Harassment Women In Smithsonian Science What are your thoughts? 28/02/2025, 20:10 The Smithsonian\u2019s sexual harassment prevention program is absolutely useless \| by \"Committed to Dialogue\" \| Medium 6/10 More from \"Committed to Dialogue\" How Callisto betrayed #MeToo survivors and wasted everyone\u2019s\u2026 It\u2019s a tale as old as academia itself. One undergraduate sexually assaults another at \u2026 Apr 18, 2020 scientific society disseminated sexual harassment [updated] It was recently revealed on Twitter than a spectacularly sexist newsletter about scarab\u2026 Jul 14, 2018 \"Committed to Dialogue\" 48 \"Committed to Dialogue\" 9 28/02/2025, 20:10 The Smithsonian\u2019s sexual harassment prevention program is absolutely useless \| by \"Committed to Dialogue\" \| Medium 7/10 See all from \"Committed to Dialogue\" Recommended from Medium Discussing sexual misconduct in in our post-Weinstein world Boy oh boy have we been entering lots of \u201cnew eras\u201d lately. The Geoff Marcy story reall\u2026 Nov 11, 2017 How does the Smithsonian\u2019s sexual misconduct policy actually work? Over a period of years, the administration of the National Museum of Natural History\u2026 Nov 30, 2016 \"Committed to Dialogue\" 16 \"Committed to Dialogue\" 1 28/02/2025, 20:10 The Smithsonian\u2019s sexual harassment prevention program is absolutely useless \| by \"Committed to Dialogue\" \| Medium 8/10 Lists 6 Science-Backed Health Stories on Covid, Sleep, and\u2026 6 stories \u00b7 208 saves ChatGPT 21 stories \u00b7 979 saves ChatGPT prompts 51 stories \u00b7 2604 saves What is ChatGPT? 9 stories \u00b7 514 saves In by First-person perspectives on 3 years of war in Ukraine Five-minute piano breaks + opening doors (Issue #276) 2d ago Jeff Bezos Says the 1-Hour Rule Makes Him Smarter. New\u2026 Jeff Bezos\u2019s morning routine has long included the one-hour rule. New\u2026 Oct 30, 2024 In by Laziness Does Not Exist Psychological research is clear: when people procrastinate, there's usually a good reason Mar 23, 2018 Ukraine Destroys Extremely Rare \u2018Advanced\u2019 S-350 Air Defense\u2026 Because it\u2019s not that advanced\u2026 3d ago The Medium Blog The Medium Newsletter 907 21 Jessica Stillman 24K 685 Human Parts Devon Price 342K 2159 Wes O'Donnell 2.6K 21 28/02/2025, 20:10 The Smithsonian\u2019s sexual harassment prevention program is absolutely useless \| by \"Committed to Dialogue\" \| Medium 9/10 See more recommendations How to really know you\u2019re in love Because most of \u201cthe signs\u201d they tell you are garbage Aug 3, 2017 The Right Kind of Love When a man truly loves you, his actions will show it\u2014without confusion, without\u2026 5d ago Kris Gage 153K 1197 ailaellah 1 28/02/2025, 20:10 The Smithsonian\u2019s sexual harassment prevention program is absolutely useless \| by \"Committed to Dialogue\" \| Medium 10/10"}
7,657	Richard Schneider	University of California ‚Äì San Francisco	[ "7657_101.pdf", "7657_102.pdf" ]	{}
8,937	Melissa McTernan	California State University - Sacramento	[ "8937_101.pdf", "8937_102.pdf", "8937_101.pdf", "8937_102.pdf" ]	{"8937_101.pdf": "", "8937_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."}
8,645	David Foran	Michigan State University	[ "8645_101.pdf", "8645_102.pdf", "8645_103.pdf", "8645_104.pdf", "8645_105.pdf", "8645_106.pdf", "8645_108.pdf", "8645_101.pdf", "8645_102.pdf", "8645_103.pdf", "8645_104.pdf", "8645_106.pdf" ]	{"8645_101.pdf": "Take a peek behind the curtain and test drive the StateNews.com today! news / msu professor David Foran resigns after sexual harassment investigation Rane Claypool July 14, 2021 Teal ribbons were displayed on trees outside of the East Lansing Public Library prior to President Samuel Stanley Jr. speaking about sexual assault on Oct. 8, 2019. \u2014 Photo by Lauren DeMay \| The State News Michigan State University professor David Foran has officially resigned after a university investigation concluded he sexually harassed four students university spokesperson confirmed Foran officially resigned before the university had the opportunity to officially fire him. According to the Lansing State Journal, Foran made sexual advances on four female students and \u201calso was found to have retaliated against at least one woman for participating in the OIE, or Office of Institutional Equity, investigation.\u201d During the investigation, Foran was put on leave, and later President Samuel Stanley Jr. agreed to move forward with the official decision to fire Foran after the committee's approval, according to the article. Before the university was able to do so, Foran resigned as of June 3. This is a developing story. Stay with The State News for updates. This is a pair of shoes that every man must have in 2024 Comfy Men Shoes Missed Nvidia? Don\u2019t Sleep on This Healthcare Stock Teaspoon on an Empty Stomach Burns All Parasites Extremely Fast Who Has Been the Best Canadian Prime Minister? Take the Poll Neuropathy: Sharp Pain, Tingling & Numbness May Become a Thing of The Past Vertigo Dizziness? Do This Immediately (Watch Here is The Cost of One Day Full Mouth Dental Implants in 2025 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.", "8645_102.pdf": "\uf002 \uf26c Watch Now Quick links... By: Gabi Dunham professor resigns after sexual harassment investigation proved violation of university policy \uf09a\ue61b\uf0e0 Photo by: generic image Menu Posted 4:27 PM, Jul 14, 2021 and last updated 4:27 PM, Jul 14, 2021 LANSING, Mich former Michigan State University professor who was found to have multiple incidences of sexual harassment resigned just before the Board of Trustees was set to terminate his employment at their June meeting. David Foran was a criminal justice professor when at least four students reported his behavior to the Office of Institutional Equity. According to the report, Foran kissed each of the four women on the head, forcibly massaged their shoulders, and hugged them without their consent. In at least one instance Foran was found to have retaliated against a student for their role in the OIE\u2019s investigation. Under recommendation from the for his violation of Relationship Violence and Sexual Misconduct Policy, then- Dean of the College of Social Science Rachel Croson and Dean of the College of Natural Science Phillip M. Duxbury initiated the process to dismiss Foran hearing committee unanimously decided to recommend the university dismiss Foran on the basis of \u201cclear and convincing evidence that Dr. Foran engaged in acts of discrimination, including harassment, and retaliation prohibited by University policy,\u201d according to a letter President Stanley sent to Foran April 30. Foran\u2019s dismissal was set to be confirmed by the university\u2019s Board of Trustees at their virtual meeting on June 18. Provost and Executive Vice President for Academic Affairs Teresa Woodruff notified Foran when the board would take action in his case in a letter delivered May 26. Eight days later, on June 3, Foran resigned from his position. In a letter to the university\u2019s human resources department, Foran said, \u201cowing to matters beyond my control am hereby resigning from my position at Michigan State University spokesperson for says that although Foran resigned prior to being released for his actions, the university ensures Foran cannot be affiliated with in any capacity moving forward. \u201cWe acknowledge that these actions alone may not undo the harm he has caused, but we hope they provide a measure of accountability and reinforce our university leaders\u2019 shared commitment to change, accountability, and upholding policies designed to build a safer campus for everyone at MSU,\u201d Deputy Spokesperson Dan Olsen said. Want to see more local news? Visit the FOX47News Website. Stay in touch with us anytime, anywhere. Sign up for newsletters emailed to your inbox. Select from these options: Breaking News, Severe Weather, School Closings, Daily Headlines, and Daily Forecasts. 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Check The\u2026 Paid Content: FavoriteSearches \u2026 Trump not considering a pardon for convicted killer Derek Chauvin:\u2026 Activists vandalize Trump golf resort over his comments on\u2026 Pamela Bach, actor and ex-wife of David Hasselhoff, dies at 62 Neighborhood News Neighborhood Weather Planner Rebound Jobs at 47 Support Sitemap Do Not Sell My Info Privacy Policy Privacy Center Journalism Ethics Guidelines Terms of Use Careers Public File Public File Contact Application Accessibility Statement Scripps Media Trust Center Closed Captioning Contact Scripps Local Media \u00a9 2025 Scripps Media, Inc Give Light and the People Will Find Their Own Way 47 News Lansing - Jackson 47 News Lansing - Jackson 47 News Lansing - Jackson \uf09a \uf16d \ue61b \uf167", "8645_103.pdf": "Professor Resigns After Sexual Assault Investigation Michigan State University Professor David Foran resigned after reports of sexual assault were confirmed by the University\u2019s own investigation. At least four women reported instances of being sexually assaulted by Foran, according to MSU\u2019s Office of Institution Equality (OIE) report. Lansing Injury Law News 14, 2021 \| 2 Foran, a former criminal justice professor, also retaliated against at least one woman for reporting his misconduct to the OIE. The sexual assaults perpetrated by Foran included hugging the women, kissing them on the head, and massaging their shoulders, even as they were trying to turn away. All of the women were fearful Foran might retaliate against them and felt they had \u201cno choice but to acquiesce and do what [Foran] wanted them to do,\u201d according to the report. The University claims Foran resigned before they had the opportunity to fire him. Foran resigned as of June 3, 2021 committee unanimously concluded to dismiss Foran in January of 2021. Foran was on leave during the tenure revocation process which had to take place before the firing. According to reports President Samuel Stanley said he agreed with the committee finding in April; Foran was sent a letter regarding Stanley\u2019s decision May 26 \u2013 and told the Board of Trustees would make a final decision June 18. Foran is one of six professors that have been publicly ousted for remaining on faculty at MSU, despite the University confirming that they had each sexually assaulted or sexually harassed two or more people. The five other professors, Marketing professor Tomas Hult, communications professor William Donohue, physiology professor Robert Wiseman, veterinary medicine professor Matti Kiupel and anthropology professor John Norder, still teach at the university. Grewal Law represented a third of the plaintiffs in the and Larry Nassar lawsuits, and the Grewal team was instrumental in obtaining the half a billion-dollar settlement from MSU. Currently, the award-winning lawyers at Grewal Law are fighting to hold and accountable for their roles in allowing Larry Nassar\u2019s sexual abuse to occur. In addition, Grewal Law attorneys are working to help hold University of Michigan accountable for allowing Dr. Robert Anderson to sexually abuse over 800 student-athletes, students, and other young people for decades. The attorneys at Grewal Law understand what it takes to prevail against sexual predators and the companies that allow their sexual misconduct to occur. Kelly McClintock Attorney, Grewal Law (855) 610-0503 Kelly R. McClintock joined Grewal Law in 2019 to help establish a human trafficking litigation division and to assist Grewal\u2019s already successful practices, including sexual assault litigation, and family law. Comments for this article are closed Former Itasca Coach Adrian Buruato Charged with Sexual Assault of Minor Student Former El Crystal and Allen Elementary Teacher Jeremy Yeh Faces 425 Years for Molesting 4 Students Former Church Worker Arrested for Child Sex Assault in the Conroe Area: Authorities Suspect Decades-Long Trail of Abuse ARTICLES) Chicago Priest Accused: Monsignor Daniel Mayall Faces Child Sexual Abuse Allegations, Removed From Ministry Michigan Minimum Wage Set to Increase January 1, 2023 Michigan Youth Referee Charged with Sex Crimes Against Minor Michigan Lobbyists Push for Moratorium on New Cannabis Cultivation Licenses ARTICLES) Federal Bill to Remove Statutes of Limitations for Child Sexual Abuse Claims Crash with Construction Vehicle at Golden Center Fwy, Sacramento St Injures 2 in Grass Valley Virginia Beach Personal Injury Law FAQs Should Good People Get a Little Dirty Fatal Crash at East Avenue K, 120th Street East in Palmdale The Legal Examiner Our Newsroom Our Affiliates Legal Examiner Columns Write For Us Privacy Policy Terms & Conditions Disclaimers Featured Affiliate Sites Atlanta Injury Law News Lansing Injury Law News New Orleans Injury Law News Workers' Compensation Legal News Content Marketing for Lawyers Law Firm Content Marketing Guide Mass Tort Leads Law Firm Blogs Become An Affiliate This website is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. The Legal Examiner is not a law firm. But, many Legal Examiner Network Affiliates are. Using this site or communicating with our law firm affiliates through this site does not form an attorney/client relationship. The portions of The Legal Examiner Affiliate Network maintained and operated by law firms are Legal Advertising. Please review the full disclaimer for more information. \u00a9 2025 All rights reserved. The Legal Examiner", "8645_104.pdf": "48\u00b0 Lansing \uf0c9 News First Alert Weather Livestream \uf002 LANSING, Mich. (WILX) - David Foran was formally a Criminal Justice professor at Michigan State University and resigned in mid-June as confirmed by Spokesperson Dan Olsen. The university\u2019s Office of Institutional Equity found Foran to have violated the university\u2019s Relationship Violence and Sexual Misconduct policy. Claimants say Foran engaged in \u201cunwanted and unnecessary touching, making inappropriate comments and creating a hostile environment Hearing Committee was formed and held hearing on December 28 and 29, 2020. The committee unanimously concluded to dismiss Dr. Foran in January of 2021 President Dr. Samuel Stanley released his report on his response to the issue and agreed Dr. Foran be dismissed. Foran was then sent a letter by the Office of Provost notifying Foran the Board of Trustees would be taking action on the matter. Foran then resigned on June 3, 2021, before the Board of Trustees meeting. Dr. Foran is now restricted from being rehired at or affiliated with the university in any way. In a statement Spokesperson Dan Olsen said professor resigns after sexually harassing students Dr. Foran is now restricted from being rehired at or affiliated with the university in any way. Dr. Foran is now restricted from being rehired at or affiliated with the university in any way. (Michigan State University) By Alyssa Plotts Published: Jul. 14, 2021 at 10:01 \u201cAlthough David Foran resigned after both the discipline hearing committee and the president\u2019s recommendation for dismissal from Michigan State University, but before the Board of Trustees\u2019 meeting to act upon the recommendations, the university has ensured he cannot be affiliated with our institution again. We acknowledge that these actions alone may not undo the harm he has caused, but we hope they provide a measure of accountability and reinforce our university leaders\u2019 shared commitment to change, accountability, and upholding policies designed to build a safer campus for everyone at MSU.\u201d Copyright 2021 WILX. All rights reserved. Subscribe to our News 10 newsletter and receive the latest local news and weather straight to your email every morning. Most Read by Taboola Sponsored Links Luxury Casino \| Sponsored Tap into the Highest Win Rate Guarantee at Luxury Casino! 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Click here to learn more about our approach to artificial intelligence Gray Local Media Station \u00a9 2002-2025", "8645_106.pdf": "Reporter Details Process Of Investigation Into Sexual Misconduct At Public Media \| By Sophia Saliby Published February 2, 2021 at 12:13 \u2022 5:37 Michigan State University The Lansing State Journal reported out its investigation over the course of a year and a half more than year-long investigation by the Lansing State Journal found at least 11 university employees who violated its sexual misconduct policy were still affiliated with the school. At least 49 faculty and staff at Michigan State University have been found in violation of its sexual misconduct policy since 2015. That\u2019s according to a new Lansing State Journal investigation. Partita No. 4 Johann Sebastian Bach Of those employees, at least 11 remain at or are still affiliated with the university says more work is being done to improve consistency in disciplinary action and accountability. WKAR's Sophia Saliby spoke with the Lansing State Journal's Kara Berg, who reported the story. Interview Highlights On Why Some Offenders Are Still Working At The University After Receiving Discipline Multiple Times On What It Was Like To Report This Story The deans and the heads of the departments or colleges that the employees were at are the ones who are in charge of handing down the punishments. So, they mostly got suspensions. One of them was given a copy of the sexual misconduct policy and told more or less, \"Here's what this policy is. Don't do it again.\" But other than that, the only thing that would make sense as to why they were given less of a punishment or why they weren't fired, is because they are tenured and because it is so much more difficult to punish or terminate somebody who does have that tenure. It was pretty awful reading some of the accounts lot of it was redacted which made it pretty difficult to get a full picture of what exactly happened. But there was Partita No. 4 Johann Sebastian Bach On What The University Is Doing Going Forward To Address Violations Of Its Sexual Misconduct Policy Interview Transcript Sophia Saliby: This is All Things Considered on WKAR. I\u2019m Sophia Saliby. At least 49 faculty and staff at Michigan State University have been found in violation of its sexual misconduct policy since 2015. That\u2019s according to a new Lansing State Journal investigation. Of those employees, at least 11 remain at or are still affiliated with the university says more work is being done to improve consistency in disciplinary action and accountability. definitely enough left that you could tell that some of the people who made these complaints were pretty affected by it. The university has said that they are creating a new policy to address behavior that may not meet the level of the Relationship Violence and Sexual Misconduct policy, but still isn't something that the university wants of their faculty and staff. So, this will address behavior kind of in that middle point between acceptable and a violation of the policy, and that should be something that's presented to the university this year. Partita No. 4 Johann Sebastian Bach Kara Berg reported out this story for the newspaper. She joins me now. Thank you for being here. Kara Berg: Thanks for having me. Saliby: What made you decide to start looking into how the university has been handling cases of sexual misconduct? Berg: This was something that we've been working on for quite a while now. Individual cases kept coming up of sexual misconduct, and we were interested to see how big of a problem it was at the university. So, we ended up requesting all of the cases involving faculty and staff that had been resolved within the past five years, and the number ended up being a lot bigger than we thought it was which is kind of what prompted the investigation. Saliby: There are plenty of cases you detail in this investigation that are of serial offenders or people who had been disciplined or investigated multiple times. What were some of the reasons the university gave as to why they were allowed to stay in their positions? Berg: So, the university didn't really give any reason as to why they gave the punishment that they did. The deans and the heads of the departments or colleges that the employees were at are the ones who are in charge of handing down the punishments. So, they mostly got suspensions. One of them was given a copy of the sexual misconduct policy and told more or less, \"Here's what this policy is. Don't do it again.\" But other than that, the only thing that would make sense as to why they were given less of a punishment or why they weren't fired, is because they are tenured and because it is so much more difficult to punish or terminate somebody who does have that tenure. It's It is so much more difficult to punish or terminate somebody who does have that tenure. Partita No. 4 Johann Sebastian Bach a long, lengthy process. One of the people who is at the university right now, David Foran, is currently in the process of having his tenure revoked. Saliby: In your investigation, did you find there was a difference in how cases were handled prior to and then after the Larry Nassar scandal? Berg: No. It didn't really seem like there was a difference prior to and after. But the first cases we got were from 2015 which is when the Office of Institutional Equity was created. So really, there was only a couple before Larry Nassar, and once the Nassar scandal hit, it was more just that there was a huge influx of cases being reported, rather than the university handling it differently. Saliby: In advance of the article being published President Dr. Samuel Stanley Jr. sent out an email acknowledging inequities in how cases were handled. What else did he say to explain these systemic problems? Berg: We did not talk to President Stanley. We had a statement from one of the spokespersons at the university, Dan Olsen, and he said that this was something the university was working on and they have done a lot to create culture change, but it's not something that happens overnight. Olsen said that there's no mistake, we have more work to do, but the university is committed to that work. Stanley's only statement was what he said in that email that was sent from him and the three top administrators. Saliby: This investigation took a year and a half. The paper made 25 public records requests to the university and paid nearly $2,000 for those records also imagine how hard it must have been to read these accounts of misconduct. What was it like to report out this story? There was definitely enough left that you could tell that some of the people who made these complaints were Partita No. 4 Johann Sebastian Bach Berg: It was definitely frustrating at times, especially with how long some of the records requests took to come back, and the pandemic definitely didn't help that. It slowed things down quite a bit. It was pretty awful reading some of the accounts lot of it was redacted which made it pretty difficult to get a full picture of what exactly happened. But there was definitely enough left that you could tell that some of the people who made these complaints were pretty affected by it. Saliby: Has the university indicated any specific changes to how people are disciplined and held accountable for sexual misconduct going forward? Berg: There's not something that's been implemented yet, but the university has said that they are creating a new policy to address behavior that may not meet the level of the Relationship Violence and Sexual Misconduct policy, but still isn't something that the university wants of their faculty and staff. So, this will address behavior kind of in that middle point between acceptable and a violation of the policy, and that should be something that's presented to the university this year. Saliby: And what has been the response on this investigation from advocates of sexual assault survivors? Berg have heard from several advocates and several survivors who have said they're horrified at the university's response to this. And the Associated Students of Michigan State University have also said they want to implement measures to make sure that the university takes these cases more seriously in the future. Saliby: Kara Berg is a reporter for the Lansing State Journal. You can read her full investigation on the LSJ's website. Thank you for joining me. Berg: Thanks for having me. This conversation has been edited for clarity and conciseness. pretty affected by it. Partita No. 4 Johann Sebastian Bach Tags News Michigan State University East Lansing Larry Nassar sexual misconduct Sophia Saliby Sophia Saliby is the local producer and host of All Things Considered, airing 4pm- 7pm weekdays on 90.5 WKAR. See stories by Sophia Saliby Related Content News Partita No. 4 Johann Sebastian Bach This spring, power trusted journalism in mid-Michigan! Your support for fuels reliable news and in-depth storytelling that keeps our community informed. Give today to help Trustee Completes Review Of Unreleased Nassar Documents Scott Pohl, December 18, 2020 Michigan State University Trustee has completed a year-long review of unreleased documents related to the Larry Nassar sexual abuse case.When Renee \u2022 1:11 News Advocates Say Investigation Into Sexual Misconduct At Shows Systemic Problem Michelle Jokisch Polo, January 29, 2021 Some advocates for survivors of sexual assault say an investigation by the Lansing State Journal into the way Michigan State University disciplined \u2022 0:52 Partita No. 4 Johann Sebastian Bach ensure fact-based reporting remains strong\u2014because journalism matters \u00a9 2025 Michigan State University Board of Trustees Contact Us Directions and Map Employment Privacy Policy Notice of Nondiscrimination Public File Applications Partita No. 4 Johann Sebastian Bach"}
8,805	John Gainsford	Florida State University	[ "8805_101.pdf", "8805_102.pdf", "8805_103.pdf", "8805_104.pdf", "8805_105.pdf" ]	{}
7,773	Joanna Warmington	University of Minnesota ‚Äì Duluth	[ "7773_101.pdf", "7773_102.pdf", "7773_103.pdf", "7773_104.pdf", "7773_105.pdf" ]	{}
7,460	Dorrance W. Larson	North Dakota State College of Science - Wahpeton	[ "7460_101.pdf", "7460_102.pdf" ]	{"7460_102.pdf": "The Wayback Machine - Minnesota psychologist loses license for having sex with student intern S.D. resident had a practice in Breckenridge, taught in Wahpeton, N.D. By Paul Walsh ( walsh/6134706/) Star Tribune 4, 2015 \u2014 9:34PM State regulators have revoked the license of a western Minnesota psychologist and onetime college instructor accused of having a sexual affair with a student he taught and supervised as an intern. Dorrance W. Larson, 65, who worked as a psychologist in Breckenridge, was directed to halt practicing in Minnesota effective immediately and surrender all licenses and certificates, according to the order from the state's Board of Psychology. The directive was issued in a stipulation and consent order, meaning that Larson is not contesting allegations. Larson lives with his wife in nearby Rosholt, S.D. Reached Thursday, his wife said Larson was not available to comment. His attorney, John Bullis, declined to answer questions about his client. According to the order: Larson began teaching the woman in fall 2012 at the North Dakota State College of Science in Wahpeton and started supervising her as an intern at his clinic in January 2014. In March of that year, he told her he was attracted to her, but \"they could not act on what was between them\" because of \"very clear\" rules. On April 1, 2014, Larson drove her from the clinic to his home, where he led her to a bedroom and gave her a bag of pornographic magazines and a sex toy. The two had sex through all of that April and into May, until the woman revealed the relationship to staff at the college. The college fired Larson that May, citing \"inappropriate conduct involving a student.\" Three days later, he resigned from the Breckenridge clinic. The board order also cited unprofessional conduct during a previous incident involving conversations between a female college student and teenage boys Larson was counseling. This is the second professional sanction for Larson. He was barred from conducting child custody evaluations in April 2008. The state board in South Dakota had determined that he failed to tell a client, the mother of a child, that he later carried out an evaluation on behalf of the father. The sanction applied in both South Dakota and Minnesota, and it was lifted about 18 months later. Paul Walsh \u2022 612-673-4482 Paul Walsh is a general assignment reporter at the Star Tribune. He wants your news tips, especially in and near Minnesota. [email protected] 612-673-4482 3/1/25, 7:51 Minnesota psychologist loses license for having sex with student intern 1/1"}
7,234	Bruce Thomas	Berklee College of Music	[ "7234_101.pdf", "7234_102.pdf", "7234_103.pdf", "7234_104.pdf", "7234_103.pdf", "7234_103.pdf" ]	{"7234_103.pdf": "From Casetext: Smarter Legal Research People v. Thomas Appellate Court of Illinois, Second District. Judgment affirmed Jul 9, 1986 145 Ill. App. 3d 1 (Ill. App. Ct. 1986) Copy Citations Download Check Treatment Delegate legal research to CoCounsel, your new legal assistant. Try CoCounsel free No. 85-0238 Opinion filed July 9, 1986. Rehearing denied August 8, 1986. 2 2 Appeal from the Circuit Court of Kane County; the Hon. Joseph M. McCarthy, Judge, presiding. G. Joseph Weller and William A. Delaney II, both of State Appellate Defender's Office, of Elgin, for appellant. Robert Morrow, State's Attorney, of Geneva (Kenneth R. Boyle, of State's Attorneys Appellate Prosecutor, of Springfield, and William L. Browers and Sign In Search all cases and statutes... Opinion Case details 3/15/25, 11:02 People v. Thomas, 145 Ill. App. 3d 1 \| Casetext Search + Citator 1/15 delivered the opinion of the court: Peter M. Tumminaro, both of State's Attorneys Appellate Prosecutor, of Elgin, of counsel), for the People. 3 3 Defendant, Bruce Thomas, was found guilty in a jury trial of the offenses of attempted rape and attempted deviate sexual assault (Ill. Rev. Stat. 1983, ch. 38, par. 8-4(a)) and was sentenced to concurrent two-year terms of probation with a condition that he serve six months of imprisonment in the Kane County jail. Defendant raises four issues on appeal: (1) whether the identification testimony was sufficient to prove defendant guilty beyond a reasonable doubt; (2) whether there was sufficient proof that defendant intended to rape the victim; (3) whether the two offenses are carved from the same physical act and preclude separate convictions; and (4) whether the trial court erred in not allowing defendant to present evidence and argument that his brother committed the crimes. The charges stem from an occurrence in the early morning hours of June 10, 1984. The complaining witness testified that she attended two parties near her home in Elgin on the evening of Saturday, June 9, 1984, and early morning of Sunday, June 10, 1984, the first at the Martin Luther King Lodge and the second at Robert Johnson's residence, 485 Fremont. She stated that she saw defendant at both parties, but she didn't know him or talk to him. She also stated that she had seen him at work at Motorola in Schaumburg 10 or 20 times on breaks, although they worked in different departments, and that she had seen him two weeks prior to the incident at another party at the Johnson home, where parties were regularly held. She did not know his name. Complainant testified that she left the second party alone around 4:30 a.m. and started to walk home, which was about a block and a half from the Johnson home. As she walked up Fremont she heard someone running behind her, but turned around and didn't see anyone. 4 As she turned onto 4 3/15/25, 11:02 People v. Thomas, 145 Ill. App. 3d 1 \| Casetext Search + Citator 2/15 Porter Street, defendant was standing right next to her, about 2 or 3 feet away. She testified that he said, \"you don't have to worry, I'm not going to hurt you or rape you or anything like that, I'm goin' home.\" Then he said, \"you know me, don't you,\" and she said no and turned around, looked at him, and said, \"you tried to talk to my girlfriend\" and he said \"oh yeah.\" They were about 5 feet from a street light, and she looked at his face \"for a second.\" He then went on across the street and she continued walking home. When defendant was about 15 or 20 feet away from her, she testified that he stopped and faced her and that he had his pants unzipped, with his penis exposed. He ran at her and she started to run across the street toward the back of Ann Street where her house was located. Defendant ran through the bushes and grabbed her. At this time they were right across the street from the street light and she was able to see his face. She testified that he then pushed her to the ground, knocking off her glasses, straddled himself over her with his knees on her arms, and ripped her dress down the front. At this time, his face was about 6 inches from her. He then ripped off her underclothes. Complainant stated that defendant, his knees still on her arms, then touched her around the mouth with his penis and \"told me to suck him or he's gonna beat my ass.\" She kept turning her head and he reached back and touched her in her \"private area.\" He then tried to hold her head still and continued to try to put his penis in her mouth without success, telling her to \"come on.\" She was struggling to get free and tried to bite him on the arm, but couldn't say for sure if she actually bit him or not. He tried to keep her from screaming by putting his knee on her throat, but she cried out and defendant got up and ran. She testified she heard a noise which might have been a car going by right before he ran. She put her glasses back on and, when he was about midway across the yard, he started coming back again, his penis still exposed. She screamed and he turned around and ran down Ann Street. She immediately ran to her house and called the police. She described her attacker to the police and three days later identified defendant from photographs shown to her by the police. On cross-examination, she testified that she told the police her attacker was about 25 to 26 years of age, between 5 feet 7 inches and 5 feet 9 inches, and stated that he was wearing a long-sleeved, light-colored shirt and dark slacks 3/15/25, 11:02 People v. Thomas, 145 Ill. App. 3d 1 \| Casetext Search + Citator 3/15 or jeans, that he may have had a mustache or goatee and that his hair was in a \"Jheri Curl.\" She stated she also told the police that she may have seen him at the party on Fremont, that she was not sure that she could recognize her attacker if she saw 5 him again, and that she may have bitten him on the left arm. She testified that she was unsure whether she could identify him because she was so upset at the time. She did not tell the police that the suspect worked at Motorola or that she had seen him at a party two weeks previously. She had a total of five alcoholic drinks that evening. Complainant also testified that at the time of the attack any light poles were at least 35 feet away, that she can't see too well without her glasses, and that the problem with her eyesight is that she can't see far away. She stated she can recognize features on someone only 6 inches away. 5 Complainant further testified that several days after the attack, she remembered that her attacker had talked to her friend Annette at the previous party. Her ex-boyfriend, Allison Jones, gave her the name of a possible suspect, someone who worked with her at Motorola, and she informed the police who later showed her the photographs from which she identified the defendant. She thought she had seen the defendant somewhere before the attack, but just could not recall where. She testified that defendant, at the time of trial, had a different hairstyle than at the time of the attack although his facial hair was the same except thinner around the mustache. She stated there was no doubt in her mind that the person in the courtroom, the defendant, was the one who attacked her the morning of June 10, 1984. Complainant's roommate at the time of the attack testified that defendant came to their apartment June 17, 1984, and asked to see complainant. She stated that defendant told her that he wasn't the one who did it, but said he was at the party on the night in question and complainant saw him there and probably got him mixed up with somebody else. Officer Robert Jacks of the Elgin police department testified that he was the first to talk to complainant after her report and that she was very upset and emotional at the time and it was difficult to get information from her. He corroborated her testimony as to her description of the attacker and her 3/15/25, 11:02 People v. Thomas, 145 Ill. App. 3d 1 \| Casetext Search + Citator 4/15 description of what happened. He stated that complainant told him that she had no idea who the attacker was, that he may have been at the same party or she may have just seen him in the neighborhood, and that she didn't think she'd be able to recognize him again. He did not recall complainant telling him of a conversation where defendant said \"you know me, don't you?\" Officer Scott Davis testified that he showed complainant a photo lineup of eight pictures on June 13, 1984. She didn't make any identification from the first four photographs, but when she picked up the 6 card containing the second set of pictures her expression changed and \"[h]er eyes got wider, mouth kind of opened and she pointed to Picture No. 5 * * and then said oh my god, that's him.\" He also identified a photograph of defendant's right arm taken June 18, 1984, showing a scab of some sort on the arm. Called again as a rebuttal witness, Davis stated that he talked with defendant, who changed his story regarding where he was at the time of the offense as he had to contact some of his friends to find out what he did that weekend, but never said he'd been at the party that night. 6 Defense witnesses James Bradley and Robert Johnson, Jr., testified that defendant was not at the party the early morning of June 10. Justine Kelly stated she was defendant's fiance and that defendant was with her June 9 and stayed until 4 or 5 a.m., but on cross-examination said it was a Friday night and Saturday, not Saturday night and Sunday that he was with her although she said she was getting the days mixed up. She also testified that she telephoned complainant June 28, 1984, who told her that defendant didn't do it or try to do it. Kelly stated she then offered complainant some money not to testify. Cassandra Walker testified that defendant was at her home on Saturday, June 9, until about 11 or 11:30 p.m. and was wearing red shorts, a red shirt and tennis shoes. Donna Freeney, defendant's roommate at the time of the offense, testified that defendant arrived home around 11 p.m. or midnight that Saturday night and was wearing red shorts, a red top, gym shoes and socks. He went to bed in his own room and got up around 9 or 10 a.m. the next morning. She testified she did not actually see him between the time she went to bed and got up the next morning, but stated she could hear the front door opening or closing. 3/15/25, 11:02 People v. Thomas, 145 Ill. App. 3d 1 \| Casetext Search + Citator 5/15 Errington Michael Parker testified that he and defendant played softball together at Motorola twice a week and that defendant hurt his arm sliding into base June 12, 1984, and the injury looked like a scrape mark. Defendant's brother, Fred Thomas, testified that he lives in Missouri, but was living in Elgin at the time of the offense; that he was at the party on Fremont June 10 from 2-2:30 a.m. to 4 a.m. or maybe 5 a.m., and that he was wearing a long- sleeved brown and tan shirt and gray baggies, that his hair was styled in a \"Jheri Curl\" or \"Classic Curl\" and that he had a mustache and a little hair on his chin. He is 5 feet 9 inches and was 18 at the time of the offense. He further stated that he did not see defendant at the party during the time he was there and that he had, on occasion, previously told people he was defendant, including at a party on Fremont two weeks prior to the offense. He stated that he didn't know complainant 7 and he never attacked her. 7 Defendant testified that he is 24 years old and is 5 feet 8 inches, weighs 155 pounds and, at the time of the offense, had a \"Care-free\" or \"Jheri Curl\" hairstyle, a mustache and small amount of hair on his chin. On June 9, he worked at Motorola until 12:30 p.m. and then slept at Cassandra Walker's until 6 p.m. He left there about 11:30 p.m. and then went home. He went to bed and got up about 9 or 9:30 a.m. the next morning. On the previous evening he was wearing a red T-shirt with no sleeves, red jogging shorts, gray and red socks and blue sneakers. Defendant stated that he wore these same clothes three days in a row. He also stated that he received a gravel mark on his arm playing softball June 12, and that the photo that complainant picked out of the photo lineup was taken in 1980 when he was about 19. It was taken in connection with his arrest on a resisting-arrest charge for which he received court supervision. He denied telling complainant's roommate that he was at the party June 10. He testified that he never saw complainant prior to June 17, 1984, that he did not attend the party on Fremont on June 10, and that he never attacked her. \u2022 1 Defendant first contends that he was not proved guilty beyond a reasonable doubt because complainant's identification was doubtful and uncertain. Defendant argues that complainant did not have an adequate opportunity to really observe her attacker because of the frightening nature and brevity of the attack, the fact that the attack took place during the predawn hours, and the fact that complainant had been drinking and lost 3/15/25, 11:02 People v. Thomas, 145 Ill. App. 3d 1 \| Casetext Search + Citator 6/15 her glasses. He also maintains that her identification is suspect as she told the police after the attack that she didn't think she could recognize her attacker if she saw him again and that she \"might\" have seen him at the party, yet testified at trial that she saw him at both parties, as well as the fact that defendant's name was suggested to her by friends following the attack. He also points to the similarities in appearance between himself and his brother Fred, and the fact that the photo she picked out as a picture of her attacker was taken when defendant was 19, Fred's age at the time of trial conviction cannot be deemed to be sustained beyond a reasonable doubt by the evidence if identification of the accused was vague and doubtful ( People v. Ash (1984), 102 Ill.2d 485, 494, 468 N.E.2d 1153), although, where identification of the accused is at issue, the testimony of a single witness is sufficient to support a conviction, even in the presence of contradictory alibi testimony, provided the witness is credible and viewed the defendant under circumstances 8 which would permit a positive identification ( People v. Yates (1983), 98 Ill.2d 502, 525, 456 N.E.2d 1369). The trier of fact is not required to accept defendant's alibi testimony over the positive identification by the victim even if the alibi testimony was given by a greater number of witnesses. ( People v. Shelby (1984), 123 Ill. App.3d 153, 165, 462 N.E.2d 761.) The standard for a positive identification is whether the witness was close enough to the accused for a sufficient length of time under conditions that provided adequate opportunity for observation. People v. Simmons (1985), 138 Ill. App.3d 492, 498, 485 N.E.2d 1135. 8 Here, complainant testified she engaged in a brief conversation with defendant under a streetlight and his face was 6 inches from hers during the attack. She also gave an extremely accurate description of defendant immediately following the attack, and she picked defendant's picture out of a photo lineup. Even considering that complainant had about a drink an hour that night and her glasses were knocked off, the evidence was sufficient to show that she was close enough to defendant for an adequate period of time to make a positive identification. See People v. Simmons (1985), 138 Ill. App.3d 492, 498-99, 485 N.E.2d 1135 (where complainant's in-court identification of the defendant held credible even though no light was on in the bedroom at the time of the attack, complainant was nearsighted and not 3/15/25, 11:02 People v. Thomas, 145 Ill. App. 3d 1 \| Casetext Search + Citator 7/15 wearing her glasses, her initial description was not precisely accurate and she had failed to identify defendant in photographic lineups). Also, complainant testified that there was no doubt in her mind that defendant was the one who attacked her. Any inconsistencies between complainant's testimony and other evidence concerning complainant's statements to the police may be explained by the fact that she talked with the police at a time when she was nervous and frightened, immediately after the attack. (See People v. Redman (1986), 141 Ill. App.3d 691, 703, 490 N.E.2d 958 complainant's identification testimony has also been found credible where the defendant's identity was suggested to the complainant by another witness. See People v. Shelby (1984), 123 Ill. App.3d 153, 163-65, 462 N.E.2d 761. \u2022 2 The credibility of complainant is an issue best determined by the trier of fact, who heard the testimony and observed the demeanor of the witnesses ( People v. Watts (1985), 139 Ill. App.3d 837, 851, 487 N.E.2d 1077), and the determination made by the trier of fact with respect to the weight given the identification testimony will not be upset unless it is so contrary to the evidence that it cannot be justified ( People v. Dixon (1985), 133 Ill. App.3d 1073, 1082, 480 N.E.2d 128 criminal conviction will not be set aside unless the evidence is 9 so improbable or unsatisfactory that it creates a reasonable doubt of defendant's guilt. ( People v. Collins (1985), 106 Ill.2d 237, 261, 478 N.E.2d 267.) That is not the case here. The complainant's testimony was clear and convincing, and the jury was entitled to believe complainant's testimony and disbelieve the alibi defense provided by defendant as well as to believe that it was defendant, and not his brother Fred, who attacked the complainant. On this record, defendant was proved guilty beyond a reasonable doubt. 9 \u2022 3 Defendant next contends that his attempted-rape conviction should be reversed as there is no evidence showing an intent to rape complainant. He contends there is no evidence to show that the attacker intended to have sexual intercourse with complainant, but showed only an attempt to seek sexual satisfaction in another manner. Defendant argues that the attacker at no time approached complainant's vagina with his penis and at no time stated that he wanted to have sexual intercourse, but only demanded oral stimulation. 3/15/25, 11:02 People v. Thomas, 145 Ill. App. 3d 1 \| Casetext Search + Citator 8/15 Attempted rape includes every element of the crime of rape except penetration. ( People v. Sprouse (1981), 94 Ill. App.3d 665, 672, 418 N.E.2d 1070.) To commit attempted rape, the male must intend to accomplish intercourse by force and against the female's will and must take a substantial step toward accomplishing his purpose. ( People v. Rogers (1985), 135 Ill. App.3d 608, 619, 482 N.E.2d 639.) This intent, however, may be inferred from the surrounding circumstances ( People v. Triplett (1970), 46 Ill.2d 109, 112, 263 N.E.2d 24), which include the conduct of the defendant, the character of the assault, the acts done, and the time and place of the occurrence ( People v. Williams (1984), 128 Ill. App.3d 384, 396, 470 N.E.2d 1140). Here, the evidence established that defendant took a substantial step toward accomplishing intercourse. People v. Fleagle (1984), 129 Ill. App.3d 298, 472 N.E.2d 155, involved a factually similar situation. In that case, the defendant also was convicted of attempted rape and attempted deviate sexual assault. Defendant there apparently had tried to pull the complainant's head toward his erect penis. Defendant contended that, although the complainant's testimony might be sufficient to support his conviction for attempted deviate sexual assault, it was not sufficient to support his conviction for attempted rape, arguing there was no testimony indicting that he made an overt move toward the genital area of complainant. The court determined, however, that testimony showed that complainant awoke to find that her skirt and slip and had been pulled to her waist, her blouse was open and defendant was nude and kneeling between her legs. This evidence was sufficient for the trial court to find that defendant had the intent to 10 commit rape and had taken a substantial step toward the commission of the offense. The appellate court stated that the fact that the assailant's intent was not verbalized and that consummation was successfully prevented does not establish a lack of intent to rape. 129 Ill. App.3d 298, 302, 472 N.E.2d 155; see also People v. Bonner (1967), 37 Ill.2d 553, 562, 229 N.E.2d 527. 10 The defendant's reliance upon People v. Pitts (1980), 89 Ill. App.3d 145, 411 N.E.2d 586, is misplaced because the factual situation in Pitts is distinguishable. The court in Pitts determined that the circumstances did not establish an intent to commit the specific offense of rape because defendant made no overt move toward the victim's genitals, made no 3/15/25, 11:02 People v. Thomas, 145 Ill. App. 3d 1 \| Casetext Search + Citator 9/15 reference to intercourse, and obtained sexual satisfaction without intercourse by ejaculating while lying on top of the victim who was face down on the floor and while both remained fully clothed. ( 89 Ill. App.3d 145, 147, 411 N.E.2d 586.) Moreover, once defendant experienced an orgasm, he fled. \u2022 4 The situation here is clearly different. The defendant tore off complainant's clothes, including her underwear, his penis was exposed, and he fondled complainant's genitals. He held her down by pinning her arms with his knees and was in a position then to also facilitate sexual gratification by oral stimulation. Tearing off her clothes is clearly unnecessary to commit the type of deviate sexual assault attempted here and shows an intent to commit another crime, that being rape. From these actions, an inference that defendant intended to have sexual intercourse with complainant is not, as he contends, mere speculation court of review is not required to throw away common sense when the record clearly demonstrates that the trial court's finding of guilt is supported by the evidence beyond any reasonable doubt. ( People v. Testa (1983), 114 Ill. App.3d 695, 701, 449 N.E.2d 164.) Even though defendant also attempted to perform an act of deviate sexual assault, it is apparent that defendant was prevented from physically accomplishing his intent to rape only by complainant's resistance and by the interruption of a passing car. As in People v. Fleagle (1984), 129 Ill. App.3d 298, 472 N.E.2d 155, the circumstances here are sufficient to show an intent to commit rape. \u2022 5 Defendant next contends that as this incident was of short duration at the same location with the same individual and the acts occurred almost simultaneously as part of a continuing act, there is no basis for two sex offense convictions. He argues that one of the convictions should be vacated on \"one act \u2014 one crime\" grounds, relying primarily on People v. Ford (1980), 83 Ill. App.3d 57, 403 N.E.2d 512. 11 11 The standard of determining when a conviction must be vacated on \"one act \u2014 one crime\" grounds is set out in People v. King (1977), 66 Ill.2d 551, 566, 363 N.E.2d 838. The supreme court held that where more than one offense stems from a series of incidental or closely related acts and the offenses are 3/15/25, 11:02 People v. Thomas, 145 Ill. App. 3d 1 \| Casetext Search + Citator 10/15 not by definition lesser included offenses, convictions with concurrent sentences can be maintained. The court stated: \"Prejudice results to the defendant only in those instances where more than one offense is carved from the same physical act. Prejudice, with regard to multiple acts, exists only when the defendant is convicted of more than one offense, some of which are, by definition, lesser included offenses. Multiple convictions and concurrent sentences should be permitted in all other cases where a defendant has committed several acts, despite the interrelationship of those acts. `Act,' when used in this sense, is intended to mean any overt or outward manifestation which will support a different offense.\" (Emphasis added.) ( 66 Ill.2d 551, 566, 363 N.E.2d 838.) See also People v. Dixon (1982), 91 Ill.2d 346, 355-56, 438 N.E.2d 180; People v. Myers (1981), 85 Ill.2d 281, 287-89, 426 N.E.2d 535. Applying this test to the facts here, it is evident that the offenses of attempted rape and attempted deviate sexual assault are based on closely related but separate acts. Each requires proof of a different element conviction for attempted rape requires proof of a substantial step toward having sexual intercourse with a female by force and against her will. (Ill. Rev. Stat. 1983, ch. 38, pars. 8-4(a), 11-1(a conviction for attempted deviate sexual assault requires proof of a substantial step toward compelling any other person to perform or submit to any act of deviate sexual conduct by force or threat of force. (Ill. Rev. Stat. 1983, ch. 38, pars. 8-4(a), 11-3(a).) Neither crime, therefore, is a lesser included offense of the other as a lesser offense does not have any element that is not included in the greater one. ( People v. Blake (1985), 130 Ill. App.3d 948, 955, 474 N.E.2d 892.) The separate and distinct acts of defendant were: (1) knocking complainant to the ground and ripping her clothes off, which is sufficient for attempted rape; and (2) kneeling on her arms and attempting to put his penis in her mouth, which is sufficient for attempted deviate sexual assault. There were two \"overt or outward manifestation[s] which will support a different offense.\" ( People v. King (1977), 66 Ill.2d 551, 566, 363 N.E.2d 838.) It was not a single act of defendant which resulted in his two convictions. See People v. Luigs (1981), 96 Ill. App.3d 700, 708-09, 421 N.E.2d 961. 12 12 3/15/25, 11:02 People v. Thomas, 145 Ill. App. 3d 1 \| Casetext Search + Citator 11/15 Defendant, however, contends that the incident was one continuing act and only one of the convictions can stand based on People v. Ford (1980), 83 Ill. App.3d 57, 403 N.E.2d 512. Ford involves the offenses of indecent liberties with a child and attempted rape based on a line of cases holding that the charges of indecent liberties with a child and of another sex offense cannot be founded on a single act of the defendant. ( 83 Ill. App.3d 57, 74-75, 403 N.E.2d 512.) Thus, we do not find Ford controlling. \u2022 6 While the acts here are closely related, defendant's attempt to put his penis in complainant's mouth is a distinct act toward commission of the offense of deviate sexual assault only. The other, separate acts of defendant in knocking complainant to the ground, ripping her clothes off, and placing his hand on her \"private area\" support a distinct attempt to rape even though the knocking to the ground and restraint of complainant may also be closely related to the intent to commit deviate sexual assault. Both convictions may stand. \u2022 7 Defendant's last contention is that the trial court erred in precluding him from introducing evidence and presenting argument implicating his brother as the perpetrator of the attack on complainant. He contends that the evidence presented in his offer of proof clearly demonstrated the necessary connection between his brother, Fred Thomas, and the incident. Defendant made an offer of proof as to what four defense witnesses, his mother, two sisters, and a niece, would testify to if called as witnesses. In essence, their testimony regarding the possibility that Fred Thomas was the perpetrator of the crime was that Fred had impersonated defendant in the past, that there was a strong physical resemblance between Fred and defendant, that shortly after the offense, Fred cut his hair short, shaved off his goatee and mustache, and became subdued, and that Fred had said that he was at the party complainant was at the evening in question and had come running home at 5 a.m. out of breath. The court ruled that the testimony did not establish the requisite specificity showing that Fred committed the crimes to allow the proffered evidence. The trial court did allow Fred Thomas to testify and defendant was permitted to ask him if he impersonated defendant. He said that he did and had done so two weeks before at a party. He also testified that he was at the party on the night in question, that he did not know the 3/15/25, 11:02 People v. Thomas, 145 Ill. App. 3d 1 \| Casetext Search + Citator 12/15 complainant, and that he did not attack her. He stated that defendant was not at the party. An accused may attempt to prove that someone else committed the crime with which he is charged ( People v. Ward (1984), 101 Ill.2d 443, 455, 463 N.E.2d 696; People v. Nitti (1924), 312 Ill. 73, 90, 13 143 N.E. 448), but if the circumstances are too remote or speculative, such evidence is properly excluded ( People v. Dukett (1974), 56 Ill.2d 432, 449-50, 308 N.E.2d 590). The general rules of admissibility of evidence are applicable to this question. ( People v. Ward (1984), 101 Ill.2d 443, 455, 463 N.E.2d 696.) Whether what is offered as evidence will be admitted or excluded depends upon whether it tends to make the question of guilt more or less probable, and a trial court may reject offered evidence on the grounds or irrelevancy if it has little probative value due to its remoteness, uncertainty or possibly unfair prejudicial nature. ( 101 Ill.2d 443, 455, 463 N.E.2d 696.) The admission of evidence is within the sound discretion of the trial court, and its ruling should not be reversed absent a clear showing of abuse of that discretion. 101 Ill.2d 443, 455-56, 463 N.E.2d 696. 13 In cases with facts somewhat analogous to those in the case at bar, the appellate court decisions have generally found that remote, nonspecific, and speculative evidence that the crime could have been committed by another is properly excluded. ( People v. Smith (1984), 122 Ill. App.3d 609, 461 N.E.2d 534 (evidence that another suspect matching the description of the perpetrator who is found in the area of the crime and initially arrested excluded as remote connection with crime); People v. Foley (1982), 109 Ill. App.3d 1010, 441 N.E.2d 655 (evidence that testifying accomplice has a brother who fits description of perpetrator of crime excluded as not showing he was involved in the crime); People v. King (1978), 61 Ill. App.3d 49, 377 N.E.2d 856 (evidence that another person had been investigated who physically resembled perpetrator and had a prior arrest for one of the crimes charged was excluded as too conjectural).) As stated in People v. Nitti (1924), 312 Ill. 73, 143 N.E. 448, \"[i]t is * * difficult, in dealing with evidence of this character, to define the precise limits which must control its admission.\" 312 Ill. 73, 90, 143 N.E. 448.) If evidence can be introduced concerning a remote or nonspecific possibility that another may have committed the crime, trials could go on ad infinitum and juries could become hopelessly confused with 3/15/25, 11:02 People v. Thomas, 145 Ill. App. 3d 1 \| Casetext Search + Citator 13/15 speculative evidence. (See People v. King (1978), 61 Ill. App.3d 49, 54, 377 N.E.2d 856.) Thus, defendant must show a clear abuse of the trial court's decision excluding this evidence. \u2022 8 Here, there is no direct evidence that defendant's brother committed the crimes. Fred Thomas denied he committed the crimes, and none of the proffered witnesses were prepared to say Fred committed the offenses. At most, defendant's immediate family, people who obviously were biased in defendant's behalf, were only willing to offer testimony which might cause speculation that Fred could have *14 committed the crimes, but which did not directly implicate him. In view of the uncertainty of this evidence proffered by defendant's family members, the trial court did not abuse its discretion in refusing admission of this evidence. 14 Affirmed. NASH, P.J., and UNVERZAGT, J., concur. About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings 3/15/25, 11:02 People v. Thomas, 145 Ill. App. 3d 1 \| Casetext Search + Citator 14/15 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. 3/15/25, 11:02 People v. Thomas, 145 Ill. App. 3d 1 \| Casetext Search + Citator 15/15"}
8,943	Danny Wan	California State University - Fresno	[ "8943_101.pdf", "8943_102.pdf" ]	{}
9,007	Howard Irvin	Los Angeles Southwest College	[ "9007_101.pdf", "9007_102.pdf", "9007_103.pdf", "9007_104.pdf", "9007_105.pdf", "9007_101.pdf", "9007_102.pdf", "9007_103.pdf", "9007_104.pdf", "9007_105.pdf" ]	{"9007_101.pdf": "Jade Umbrella October 25, 2022, 16:52 \u2014 Maryann P. Gallagher For four years refused to acknowledge the harassment and refused to protect Dr. Odom. \u201d Maryann P. Gallagher, Viridiana Aceves, and Jamie E. Wright, scored a $10 verdict for Dr. Sabrena Turner-Odom against the Community College system STATES, October 25, 2022 /EINPresswire.com/ -- Friday's $10M Verdict in the sexual harassment case of Odom v. Los Angeles Community College District and Howard Irvin Case No. BC724401 marks a victory for women in the arenas of both higher education and law. This was among the first of its kind, a Teaching Trial in a case that helped to shine a light on LACCD\u2019s administration\u2019s refusal to respect and protect its female professors. Veteran employment attorney Maryann P. Gallagher of the Law Office of Maryann P. Gallagher, her associate Viridiana Aceves along with co-counsel and millennial employment attorney Jamie E. Wright of The Wright Employment Lawyers, teamed up to represent plaintiff Dr. Sabrena Turner-Odom against the Los Angeles Community College system (LACCD) and its employee, Vice President Howard Irvin. The diverse and dedicated Los Angeles-based legal team successfully secured a verdict of $8.5M against and $1.5M against Howard Irvin, setting a precedent for future students and faculty alike. \"It is an honor to help Dr. Odom and stop from letting this happen again to any teacher or student,\" says lead counsel Gallagher. \" For four years refused to acknowledge the harassment and refused to protect Dr. Odom. While Irvin took everything away from this beloved professor and public servant, and am proud to represent her sincerely hope she feels heard, validated, and can move toward healing.\" \"The jury corrected a wrong by the today for its failure to investigate and take action against Vice President Howard Irvin,\" comments Wright. \"Because of this injustice, a woman whose greatest dream was to empower the area's lower-income students lost every sense of All-Female Legal Team Secures Millions for Los Angeles Southwest College Professor in Landmark Sexual Harassment Case safety on a campus that once felt like home.\" This landmark trial is a shining example of California's recent legal changes allowing promising young attorneys like Wright and Aceves the opportunity to experience high-profile cases as associate counsel. Previously, assuming a key role in a prominent case like Dr. Odom's would have proven difficult - if not impossible - for millennial attorneys like Wright, even with the decade of successful legal experience brought to the table. Gallagher, a renowned employment attorney with numerous wins against global corporations, served as lead counsel and empowered Wright and Aceves to demonstrate their expertise in supporting her client's search for justice. With this victory, Dr. Odom and her trial team hope to force to change its policies, taking complaints of sexual harassment seriously, and that Howard Irvin will never be allowed to supervise or teach female students again. With extensive experience in labor negotiations and arbitrations disputes, civil rights, negligence, breach of contract, premises liability, and more, the trial team aims to carry this momentum forward onto future caseloads. With this verdict serving as a win for women everywhere, Gallagher, Wright and Aceves will continue to fight against sexual harassment in a world desperate for more fundamental victories like these. For press and media inquiries, contact Stacey Barker at Jade Umbrella PR. About Maryann P. Gallagher and the Law Offices of Maryann P. Gallagher: Maryann P. Gallagher has been a Plaintiff's Attorney practicing Employment Litigation for over 30 Years. She has tried over 50 cases to verdict. In addition to Employment verdicts, including sexual harassment, age discrimination, disability discrimination , and whistleblower cases, Ms. Gallagher has been awarded the coveted Consumer Attorneys of Los Angeles Trial Lawyer of the Year award , only the second woman in the organizations 70 year history to achieve this honor. She hopes that by having more \u201cTeaching Trials\u201d, there will be more future women Trial Lawyers of the Year . In addition to being a trial attorney, Ms. Gallagher has also handled her own appeals, publishing several cases and creating new areas of law in Sexual Abuse and infliction cases. About Jamie Wright and the Wright Law Firm: Jamie E. Wright, Esq. is a highly sought-after Los Angeles millennial trial lawyer, political strategist, and crisis communicator specializing in employment cases such as wrongful termination, wage and hour violations, disability discrimination, hostile work environment, sexual harassment, and more. Stacey Barker Jade Umbrella +1 323-833-8358 email us here Visit us on social media: Facebook Twitter LinkedIn Other Legal Disclaimer Presswire provides this news content \"as is\" without warranty of any kind. We do not accept any responsibility or liability for the accuracy, content, images, videos, licenses, completeness, legality, or reliability of the information contained in this article. If you have any complaints or copyright issues related to this article, kindly contact the author above.", "9007_102.pdf": "Search \uf002 \ue671\uf16d\uf167\uf0e0 Saturday, March 22, 2025 ESPA\u00d1OL \uf086 7 \uf164 3 \uf39e \ue61b \uf0e0 \uf02f Howard Irvin (right) and LeRodrick Terry (left) are two of the finalists for vice president. Campus News Showcase finalists have background of sexual assault By Michael Santone, Editor-In-Chief Nov 7, 2018 It wasn\u2019t long after the names of the five finalists for the vice president of student services position were announced that the campus community sank into silent outrage fueled by the courage of women in the #MeToo movement. The nationwide search, which was conducted by the Contra Costa College President\u2019s Office, rendered five final hopefuls. However, two of those five candidates carry with them backgrounds of domestic violence and sexual harassment President Katrina VanderWoude told The Advocate last week am not at liberty to discuss specific details about the process or individual candidates (their biographies have been shared), as personnel matters are confidential. \u201cOnce all interviews and reference checks are completed, there will be an announcement regarding the outcome.\u201d That outcome could become the hiring of Dr. Howard Irvin or Dr. LeRodrick Terry as CCC\u2019s new vice president \uf002 Search Search Archives Select Month \uf086 7 \uf164 3 \uf39e \ue61b \uf0e0 \uf02f of student services. Many of the incidents surrounding Dr. Terry and Dr. Irvin are identical to those that sparked the #MeToo movement. This movement spread virally in October 2017 as a hashtag used on social media attempting to demonstrate the widespread prevalence of sexual assault and harassment against women \u2014 especially in the workplace. Irvin, who is currently the vice president of student services at Los Angeles Southwest College, was added as the fifth candidate for the position shortly after the initial four finalists held their public forums on campus from Oct. 23-26. According to an October 1997 Los Angeles Times article, while Irvin was a sergeant at the Los Angeles Police Department during the mid-90s he was the subject of at least three internal investigations into domestic violence. Of the three cases that took place from 1994 to 1997, two involved female officers. Reports and interviews released to the Times document each case of arrest and re-arrest in which Irvin plead guilty to one felony count of stalking, one felony count of making terrorist threats and two misdemeanor counts of violating a restraining order. After his on-campus forum Oct. 30 Irvin told an Advocate reporter, \u201cThere were some things, what, 20-something years ago. But all that stuff has been cleared and things of that nature have been adjudicated and a major settlement was won. \u201cWith the invention of computers and things of that nature, (moving forward) is very difficult because these things (criminal records) can be brought up and are left open in your life.\u201d Ir in said he\u2019s contin ed to stri e to change the \uf086 7 \uf164 3 \uf39e \ue61b \uf0e0 \uf02f Irvin said he s continued to strive to change the perception people have of him when they find out about his record. \u201cThat\u2019s why I\u2019m still here \u2014 to stand and tell students that there is always opportunity and second chances,\u201d he said. This optimism, however, is not shared by an already on- edge community week earlier, faculty, staff and students were shocked when they looked online at the background of finalist Terry. Previously, the vice president of student affairs at Rio Salado College in Tempe, Arizona, Terry resigned effective June 30 after a Maricopa Community College District investigation substantiated claims by several women of sexual harassment in the workplace. As reported by The Arizona Republic, from 2015 to 2017, an unclear number of accusers throughout the district made complaints including inappropriate touching, inappropriate remarks and continuous staring. In an Arizona Republic article, one woman alleged Terry squeezed the side of her breast while taking a group photo in December 2015. On another occasion, in July 2016, a woman alleged Terry pulled her close to him during a photo shoot and slid his hand over her buttocks. Terry denies all the allegations against him and claims race was a motivating factor in the complaints. Last week, right after his on-campus forum, Terry was asked by an Advocate reporter to respond to the allegations made against him at Rio Salado College. He declined comment. For faculty, staff and students interested in gaining a better insight into the potential contenders, a campuswide email sent from the President\u2019s Office on Oct. 30 announcing Irvin\u2019s last minute on-campus forum \uf086 7 \uf164 3 \uf39e \ue61b \uf0e0 \uf02f g p includes biographies and personal statements from all five finalists. However, in those biographies and statements there is no mention of Terry\u2019s tenure at Rio Salado College or Irvin\u2019s career as an sergeant. This lack of transparency, which includes limited access to information needed to make informed decisions about candidates, has added adversity to a campus that was adjusting to an administrative overhaul. CCC\u2019s academic population is overwhelmingly female. Currently, 59 percent of the student body is comprised of women, according to the 2017-18 Datamart statistics provided by the state Chancellor\u2019s Office. In fact, when asking a large number of female faculty and staff members for their comments on vice presidential finalists Terry and Irvin, they each insisted on remaining anonymous due to fear of being ostracized on campus or retaliated against in some way. However, one female student didn\u2019t hesitate to speak out. Associated Student Union Director of External Affairs Laciee Brown said she was mortified when she learned of the two finalists\u2019 backgrounds involving sexual harassment and domestic violence think all information that can be collected on these people should be found,\u201d she said. \u201cAnd not just gathered, but released to students. Faculty are not as impacted by the vice president choice as students are,\u201d Brown said. \u201cCandidates who have a background of sexual abuse or domestic violence should not hold power on a campus where students are dependent on them for guidance and safety.\u201d Brown made it a point to stop by Irvin\u2019s public forum on Oct. 30 in GE-225 to leave a question on a 3\u00d75-inch i d d id d f h i d k \uf086 7 \uf164 3 \uf39e \ue61b \uf0e0 \uf02f index card provided for those in attendance to ask anonymous questions of the finalist. Although the forum was extended 15 minutes from its original 45-minute runtime, Brown said the questions she posed were not asked of the candidate. Instead, the forum followed a schedule of predetermined questions moderated by Dean of Students Dennis Franco. \u201cThey completely disregarded my question,\u201d Brown said after the forum have a huge complaint about the way they have handled this entire process. You would think that during the (#MeToo) times we are living in and all that\u2019s going on that things would have been taken more seriously.\u201d The hiring process of anyone at a public college, for the most part, remains confidential, and Contra Costa Community College District policies must be followed exactly to hire any employee. For full-time hires, including administrators, that process consists of first making the job opening public and accepting applications. Applicants then go through a vetting process to ensure that all minimum qualifications are met. Following that stage, a paper screening committee looks at the resum\u00e9s and application submittals and ranks each applicant few of them, usually three or four, are forwarded to the next level, an interview committee. No screenings or web searches into the background of the applicants are done before finalists are selected. Those finalists go through another round of interviews and a public forum where the college community gets to ask questions and review qualifications. But many on campus believe this inadequacy, with the \uf086 7 \uf164 3 \uf39e \ue61b \uf0e0 \uf02f lack of filtering and vetting candidates early on, taints the entire hiring process. By failing to do early screenings, candidates who may have tainted backgrounds can slip through. This loophole may exclude a more qualified person from being a finalist and jeopardizes the guarantee that students are accurately represented. Contra Costa Community College District Director of Communication Tim Leong said, \u201cIn general, it\u2019s hard to try to take in additional information after (a hiring) process has begun and insert it into the process and allow that to be considered. \u201cIf a college president decides that, for whatever reason, including if new information about a particular candidate is found, she on her own could take that person out of the mix at that point and let the process continue. That is a possibility.\u201d Leong said in the 11 years he has been with the district, he\u2019s never seen a college president or chancellor remove a candidate from the hiring process. \u201cAs we do with every high level search, they (human resources) have to do a follow up summary of what it is we have done to determine this terrible flaw in the process and why aren\u2019t we fixing it?\u201d Leong said think those conversations, very well, could be taking place \u2014 particularly after our experience with (the Contra Costa) vice president search counselor Norma Valdez-Jimenez said, \u201cWhat the vice president of student services hiring process reveals is that the district is in need of updating hiring policies that will (sort out) candidates, for any position, on the front end so that individuals with a history of perpetrating sexual harassment, assault or domestic abuse are not advanced as finalists.\u201d The position of of student services, when searched \uf086 7 \uf164 3 \uf39e \ue61b \uf0e0 \uf02f \u00a9 2025 Pro WordPress Theme by \u2022 Log in p , on CCC\u2019s website, is described as overseeing student affairs and support service programs for the college. The start date for this position is Dec. 1 or sooner. hiring Los Angeles Police Department Rio Salado College sexual assault vice president of student services [email protected] Michael Santone, Editor-in-Chief View Comments (7) About the Contributor \uf086 7 \uf164 3 \uf39e \ue61b \uf0e0 \uf02f \uf086 7 \uf164 3 \uf39e \ue61b \uf0e0 \uf02f", "9007_103.pdf": "\u201cAdvocating for Change: The Role of Los Angeles Sexual Harassment Attorneys in Reforming Educational Institutions\u201d February 23, 2024 \uf075No Comments The Tragic Passing of YouTuber Andrew Cross Heartbreaking Reminder of Road Safety Mel Gibson\u2019s Recall Rally Hollywood Star\u2019s Fight Construction Practices in California: Building in the Golden State Current and Upcoming Beauty Trends to Inspire Your Look This Year California Lawmakers Call for Federal Investigation into High-Speed Rail Project Featured Law Local Leaders from the largest community college district in the state are advocating for a comprehensive reform and a \u201csurvivor-centered approach\u201d in handling sexual harassment complaints within the Los Angeles system. This call to action follows a jury\u2019s decision to award $10 million to a professor 0 shares COVID-19 Entertainment Featured Food Fun Health Interesting Law Local News Politics Sports Tech Uncategorized who alleged sexual misconduct by a senior administrator. Angela Echeverri, leader of the Los Angeles Community College District\u2019s Academic Senate, is pushing for an external review of the district\u2019s sexual harassment policy across its nine campuses, despite assurances from college authorities of improved procedures in managing such complaints. Echeverri expressed skepticism about the effectiveness of these internal measures, emphasizing the necessity for external oversight to ensure thorough accountability and protection for individuals. In December, the district\u2019s Academic Senate passed a resolution urging the Board of Trustees to enhance efforts in preventing sexual harassment and discrimination. This includes conducting impartial and timely investigations, enforcing disciplinary measures upon finding violations, and regularly reassessing policies and procedures to guarantee their effectiveness and adherence to regulations. This resolution was prompted by a Los Angeles Times article that detailed a civil lawsuit against the district, where a jury found it failed to adequately address harassment complaints against Howard Irvin, a former vice president at Los Angeles Southwest College. The jury also concluded that the district negligently hired Irvin and retaliated against Sabrena Turner-Odom, an English professor who sued the district after accusing Irvin of sexual harassment. In the context of the Los Angeles Community College District\u2019s ongoing challenges with sexual harassment complaints and policy enforcement, a Los Angeles sexual harassment attorney plays a critical role in advocating for victims\u2019 rights and ensuring accountability. Such attorneys specialize in navigating the complexities of sexual harassment law, providing essential legal support to individuals who have faced misconduct in educational settings. Their expertise includes a deep understanding of both state and federal laws pertaining to sexual harassment, enabling them to offer comprehensive legal advice to survivors Los Angeles sexual harassment attorney could assist victims within the college district by first offering a confidential consultation to understand the specifics of their case. They would then evaluate the evidence, advise on the feasibility of legal claims, and potentially represent the survivor in court proceedings or settlement negotiations. Importantly, these attorneys work to secure justice for survivors, which may include compensation for damages such as emotional distress, loss of income, and legal fees. Moreover, sexual harassment attorneys advocate for systemic change. By holding institutions accountable for failing to prevent, investigate, or adequately respond to harassment claims, they press for improvements in policies and procedures that protect all students and staff. This legal pressure can lead to significant reforms, such as the implementation of more effective complaint handling systems, enhanced training for staff and administrators, and greater transparency in the investigation process. In cases like those faced by the Los Angeles Community College District, a sexual harassment attorney not only provides a pathway to justice for individual survivors but also contributes to the broader effort to ensure a safe and respectful educational environment for everyone. Their involvement underscores the importance of external oversight and legal advocacy in addressing and preventing sexual harassment in educational institutions. The district is challenging the verdict and faces additional lawsuits related to Irvin, who was dismissed in December 2022. Despite this, the district asserts it has made significant progress in refining its approach to sexual harassment complaints, based on recommendations from a 2018 task force. In a communication to the Board of Trustees, Echeverri highlighted the need for clear explanations from the district\u2019s leadership on measures to protect faculty, students, and staff from sexual harassment, discrimination, and retaliation. The possibility of a vote of no confidence against district administrators is being considered by the Academic Senate should their concerns remain unaddressed. The district, reaffirming its commitment to a harassment-free environment, has initiated improvements, including the implementation of a centralized system for logging complaints and the appointment of senior compliance investigators to ensure responsiveness and support for those affected by sexual harassment or discrimination. Tags: #featured \uf060Previous Post Next Post \uf061 Subscribe to our newsletter Dramatic Rescue After Car Plunges Off Big Sur Cliff in Deer Avoidance Mishap February 23, 2024 Navigating the Aftermath: The Importance of Legal Expertise in Car Accident Cases February 23, 2024 Name * Email * Website Your email address will not be published. Required fields are marked * Comment Post Comment 2025 Get Our Latest News Stories Straight Into Your Inbox! Don't Worry. We Don't Spam. Subscribe!", "9007_104.pdf": "Friday, 15 September 2023, 1:54 am Ryan Hutson 59 comments Dr. Howard Irvin being interviewed yesterday as seen on this screenshot from Zoom. Yesterday, a former Los Angeles police officer and college level educator, who has faced allegations of having a violent criminal history and a $1.5 million civil judgment against him, was interviewed in Eureka for the position of College of the Redwoods Vice President of Student Services. This interview took place even though he had been found liable for ongoing sexual harassment of a coworker. The jury\u2019s verdict held both him and his former employer, the Los Angeles Community College District, responsible for his hiring despite his alleged troubled past. Now, appealing the southern California court\u2019s 10 million dollar judgment sullying his name, Dr. Howard J. Irvin, Jr hopes to take a new position behind the Redwood Curtain. College of the Redwoods is in the process of examining two candidates vying for it\u2019s of Student Services, and completed an interview with one of two applicants approved for consideration (from a larger group of applicants) on Thursday afternoon, drawing the attention of concerned staff members and students who were keen to ask about the applicant\u2019s allegedly sordid history of sexual assault, harassment, stalking, and abuse of power as a Los Angeles police officer, and as an administrator in higher education in California. According to a Los Angeles Times October 30, 1997 article, In December 1994, a female officer who had been dating [Howard Irvin] contacted Long Beach police about a 1992 assault that left her with a fractured neck, according to a police report. Although a criminal case was never filed because the statute of limitations had expired, the female officer did obtain a restraining order against Irvin and he was suspended by the for 25 days in October 1995. In July 1996, records show, Irvin was accused of another domestic dispute, this one in San Diego. Although the woman in that case refused prosecution, Irvin currently faces an Board of Rights hearing that alleges 15 separate acts of misconduct, including placing the barrel of a handgun against the victim\u2019s head $10 Los Angeles County College Professor Sabrina Odom filed a civil complaint alleging workplace sexual harassment against Irvin and the Community College District in October of 2018, listing seven alleged causes of action, and won. She was also subsequently awarded a hefty amount of attorneys\u2019 fees and court costs in a post trial motion. The Court found Irvin culpable of having sexually harassed Odom, a fellow educator, and retaliating against her for reporting his conduct with her appropriate superiors, in violation of California\u2019s Fair Employment and Housing Act. This resulted in an award for damages in the amount of $10,000,000 total, with $1.5 million specifically levied against Irvin as an individual, and the remaining $8.5 million against the Community College District (LACCD) for their negligent hiring of Irvin, allegedly while knowing of his \u201chistory of discipline for sexual assault,\u201d according to the complaint. The case details, judgment and rulings on the matter thus far can be found at the court\u2019s website by searching the case number BC724401. The complaint for damages filed by Odom\u2019s attorneys specifically alleges that Irvin \u201cabused his position as Vice President\u201d of student services to \u201cdemand sexual favors from students and faculty.\u201d The complaint describes Dr. Irvin using his position of authority to sexually harass and threaten women, stating the harassment was \u201csevere, pervasive, continuous and offensive,\u201d specifically stating that Irvin \u201casked plaintiff to have sex with him\u201d alleging that he \u201cused his position as Vice President to try and force plaintiff to have sex with him.\u201d The complaint repeatedly states reasoning for the lawsuit, explaining that Irvin was hired by the in the position that is actively considering him for locally. The complaint reads that the district hired Irvin as their \u201cVice President of Student Services when they knew or should have known he had been the subject of multiple claims of sexual assault by female police officers who had gotten restraining orders against him. Prior to being hired by [the school district] was a police officer. During the time he was a police officer he was accused of sexual assault.\u201d The complaint continues to detail disturbing behavior which prompted the 2018 complaint reading, \u201cHe was accused of stalking several female detectives and officers who had gotten a restraining order against him. He was further subject to restraining orders by three other females\u2026 It is inconceivable to believe that (LACCD) would have hired without checking his background and would not have investigated prior allegations when plaintiff complained of the sexual harassment.\u201d Following the trial outcome, last fall, Irvin spoke with local reporters regarding the judgment. According to the Contra Costa College Advocate, Irvin candidly stated on the record, \u201cThere were some things, what, 20-something years ago. But all that stuff has been cleared and things of that nature have been adjudicated,\u201d and noted, \u201cWith the invention of computers and things of that nature, (moving forward) is very difficult because these things (criminal records) can be brought up and are left open in your life.\u201d The school district\u2019s motion for a new trial was denied last February, and the case has continued working its way through an appeals process since. Still, while responding to questions about his past during the interview process on Thursday, Irvin told staff and students that there\u2019s more to the story than meets the eye, and emphasized during his interview that he would be forthcoming with court documents, including in regard to the serious allegations of domestic abuse dating back to when he was a member of the late 1990\u2019s era Los Angeles police force. In regard to those older allegations of sexual abuse, threats and harassment that led to the restraining orders issued against him while he served as a Los Angeles police officer, the Times wrote in 1997, \u201cAfter bailing out, records show, Irvin was rearrested in January and eventually pleaded guilty in Orange County to one felony count of stalking, one felony count of terrorist threats and two misdemeanor counts of violating a restraining order.\u201d According to one of Irvin\u2019s LinkedIn profiles, \u201cHe launched his career in education in 1998,\u201d ultimately leaving a career in law enforcement behind. Mr. Irvin asserted in his interview on Thursday at CR, that the Times had \u201cmisreported\u201d on the matter, adding, \u201c It\u2019s hurtful, because the truth is not out there.\u201d When asked in general about what drew him to apply for the rural student advisory position at CR, Howard Irvin said applied for the job because this is where want to be.\u201d While, he did field some softball questions regarding how he feels about the North Coast, and a more country living atmosphere in rural Humboldt County, there were also pointed questions regarding the accusations against him. Irvin indicated that the questions expressing concern about those past allegations and findings during the interview that he thought it was to be expected, and that it was \u201cfair\u201d to have been asked about the matter, \u201cbecause that\u2019s what they read.\u201d The While College of the Redwoods navigates the process of hiring a new Vice President of Student Services \u2013 a job currently held in interim by Dr. Crystal Morse, the other candidate being interviewed for the job \u2013 there is a process that is required to be followed, which is largely dictated by the State of California. According to CR\u2019s President Keith Flamer, who answered our questions by email, \u201cThe hiring committee looks at all applications and ranks them according to their qualifications and the job requirements as posted in the job description,\u201d and added that his office was \u201cnot aware of Dr. Irvin\u2019s past\u201d when asked if a background check had been completed as of yet. While there will be a background check conducted, that part of the assessment does not occur prior to the interview. Pressed as to whether or not the administration had knowledge of any of the allegations against Irvin, Flamer explained, \u201cCalifornia Government Code \u00a7 12952 prohibits California public and private employers with at least 5 employees from asking about a candidate\u2019s criminal conviction record on a job application and before offering them a job. Additionally, internal policies of fairness, equity and confidentiality preclude the hiring committee from any background research on candidates before they are offered the job.\u201d When asked why Dr. Irvin was selected to be interviewed, President Flamer responded, \u201cHe was deemed by the committee to have the requisite skills and employment experience to be forwarded for an interview.\u201d Flamer added, \u201cOur policy dictates that the selection of candidates to interview is based on the candidate\u2019s possessing the required qualifications for the position. Following the interviews, reference checks are conducted on candidates the screening committee has determined should be considered by the President to hire.\u201d Beyond the information gleaned from formal interviews, President Flamer offered some additional assurance of what aspects of a candidate\u2019s personal life would be examined. \u201cFollowing the interviews, reference checks are conducted on the candidates that the screening committee submits to my office for hiring. The reference checks will include an investigation of professional experience and personal qualities relevant to performance of the position,\u201d he wrote. \u201cThe reference check will be conducted if Dr. Irvin is recommended for consideration by the President as someone who can do the job as Vice President of Student Services,\u201d explained President Flamer\u2019s in his email response to our inquiry. Once the interviews and investigation process are concluded, President Flamer will announce the successful applicant to the community, as the new of Student Services. In the interest of transparency, this reporter graduated from College of the Redwoods as did Kym Kemp, RHBB\u2019s publisher and all of their sons and a good portion of their family attended at least some classes there.", "9007_105.pdf": "Sabrena Turner-Odom had settled comfortably into the rhythms of campus life at Los Angeles Southwest College. The English professor and tutoring director found it rewarding to guide students who reminded her of friends from her younger years \u2014 some who didn\u2019t see college as a fit, others who were lost to street violence. \u201cWhat tell my students is: Education is the fight of your life, because it will change your life,\u201d she said. But the sense of fulfillment she built over two decades splintered in February 2017, when Turner-Odom started reporting to Howard Irvin, the college\u2019s then-vice president of student services and a former Los Angeles Police Department sergeant. During their frequent meetings at a circular glass table in Irvin\u2019s office, he would abruptly shift the conversation from work to her appearance, she testified in a civil court case she brought against Southwest College and Irvin. He would say she looked \u201cvery sexy today\u201d and would love to see what your body looked like naked,\u201d she said in her testimony. Irvin stared at her body, scanning it from head to toe; stroked his genitals over his pants in her presence; and followed her across campus back to her office after meetings, whispering that he \u201cwould like to see [her] with no clothes on,\u201d she also said in court. And when Turner-Odom tried to fend off the comments, she testified, Irvin would respond, \u201c\u2018I\u2019m just a man,\u2019 and \u2018I\u2019m no good.\u2019\u201d We\u2019re offering L.A. Times subscribers first access to our best journalism. Thank you for your support. Last October, the two met on opposing sides of a civil courtroom, where troubling chapters of Irvin\u2019s past emerged during a trial to determine whether the Los Angeles Community College District had failed to investigate and prevent the sexual harassment of Turner-Odom, and whether it was negligent in its hiring and supervision of Irvin. The accounts of their time working at Southwest College and Irvin\u2019s career history were recorded in trial transcripts, court documents and interviews with Turner- Odom, her attorneys and college officials. Irvin did not respond to multiple requests for comment through online messages, phone calls and texts. The case provides a rare and detailed look into how one woman \u2014 determined to seek justice against an accused harasser \u2014 encountered years of investigations and questioning before ultimately having her day in court. During the trial, the L.A. Community College District \u2014 the largest in California \u2014 asserted that Turner-Odom\u2019s allegations against one of its top administrators could not be proved; the district is still battling the case, which has roiled the struggling community college in South Los Angeles chose to work at that school grew up a quarter of a mile from that school,\u201d Turner-Odom said in an interview with The Times. \u201cAnd love that community. It\u2019s where came to be, and was not willing to let him take that from me.\u201d :: Howard Irvin\u2019s path to becoming a college leader was highly unconventional, marked by a troubling chapter. He served as a Los Angeles police officer for 13 years beginning in 1985. Early assignments sent Irvin undercover to target drug deals, prostitution and bookmaking, he said, and he eventually rose to sergeant, where he had a hand in some of the highest-profile cases of the 1990s. While working undercover, he purchased a weapon used by the serial killer known as the Grim Sleeper \u2014 a piece of evidence that Irvin said helped identify the killer. And he said he was among the officers who responded to the police call at O.J. Simpson\u2019s house after the killing of Simpson\u2019s ex-wife Nicole Brown Simpson and her friend Ron Goldman. During his police career, though, he himself was charged with multiple crimes that were reported by The Times in 1997 and became public again 25 years later in court. In March 1997, Irvin was charged with stalking and making terrorist threats against an ex-girlfriend, both felonies, according to Orange County Superior Court records. The charges stemmed from months of unwanted contact with the woman \u2014 also an officer \u2014 after their relationship ended. In June 1997, he pleaded guilty to the felony charges and to two misdemeanors for violating an emergency protective order the woman had obtained a year earlier. As part of his plea agreement, Irvin admitted that he had \u201cthreatened to commit a crime resulting in death and great bodily injury\u201d with the intent of causing his ex- girlfriend \u201csustained fear.\u201d He was sentenced to three years of probation. The Orange County court agreed it would reduce the felony charges to misdemeanors if Irvin did not violate the terms of his probation. The Times reported in October 1997 that he was under suspension from the department. Irvin was the subject of at least three internal domestic violence investigations during his time with the agency, according to the Los Angeles Times article, which was included in the lawsuit and became part of trial testimony. Odom told the jury she grew more fearful of Irvin after she read the article, which she found slid under her college office door with the message \u201cwatch out\u201d written on it. In part, the article described an instance in 1992 in which a woman alleged that Irvin had fractured her neck. Irvin denied the charge in court. He testified that he was suspended for 22 weeks as the result of one of the internal investigations. The declined to release the outcome of the internal investigations. Irvin resigned in June 1998, according to a department spokesperson. The stalking and terrorist threat charges were reduced to misdemeanors in November 1998. :: After he left the police force, Irvin worked part time for three years at a counseling center, leading domestic violence prevention workshops for participants under court order to attend. He also found work as a counselor and adjunct instructor at several community college campuses in Southern California. With career prospects limited by his earlier legal troubles, Irvin petitioned the Orange County Superior Court in August 2001 to withdraw his guilty plea under a California law that allows courts to dismiss misdemeanor charges after a person completes probation. In a letter to the court, Irvin said he was requesting the expungement to \u201cobtain a full-time tenured faculty position\u201d that would help him provide for his family. He said he lived a \u201ccrime free life,\u201d and was a devoted husband and father. The court granted Irvin\u2019s dismissal request. With a record clear of convictions, Irvin got a second chance to rebuild a public service career, this time in education. Years later, he earned a doctorate in human and organizational systems. In 2015, the position of vice president of student services opened at Southwest College \u2014 a post that included responsibility for making \u201cstudents and their needs a primary focus of action,\u201d according to the job description. By then, his resume included several high-level administrator positions, including dean of matriculation and student development at San Diego Miramar College. Irvin said in court that he felt personally connected to Southwest. As a young adult, he had spent some summers at his aunt\u2019s home nearby could do something for the community,\u201d he said during the trial. \u201cBecause it was my community.\u201d Alberto Rom\u00e1n, the district\u2019s former vice chancellor of human resources, was questioned during the trial about how Irvin secured the position at Southwest despite his past. Rom\u00e1n testified that he had reviewed Irvin\u2019s background check from the California Department of Justice showing the misdemeanors in the Orange County case. He said he didn\u2019t consider the convictions during Irvin\u2019s application process, because they\u2018d happened years ago and been dismissed. \u201cWhere we see conviction reports that have felonies or misdemeanors that have been dismissed by the court or expunged, we have been advised over the years not to consider those for purposes of rejecting candidates for employment,\u201d Rom\u00e1n said, adding that the instructions were \u201ccounsel\u2019s advice.\u201d :: At Southwest College, Irvin was responsible for overseeing the budget and staffing for one of Turner-Odom\u2019s big campus projects, an initiative to help students who are parents succeed in school. The project was a natural extension of Turner-Odom\u2019s work at Southwest, where she had expanded the tutoring program. She believed deeply in the mission of the college, which was founded in the aftermath of the Watts riots to educate Black students in the neighborhood. The student body is now more than half Latino and about 30% Black. Turner-Odom had graduated from the school in 1996, and she said in court wanted to fill some of the gaps that experienced when was a student there. ... That was my college. That was my home.\u201d When she and Irvin attended a Bay Area conference in February 2017, she testified, he asked invasive questions about her personal life. Uncomfortable, she asked a friend to accompany her to a dinner with Irvin so she wouldn\u2019t have to be alone with him. But back at Southwest, they started meeting regularly to discuss the initiative for student parents, Turner-Odom said in an interview. During weekly private meetings in 2017, Turner-Odom testified, Irvin made lewd gestures and comments, including saying that she \u201chad never had a man like him before.\u201d He told her they could \u201ctravel the world and the district would pay for it,\u201d she said in court. During multiple meetings, Turner-Odom testified, she saw him \u201csquirm in his chair and rub his genitals and just make motions that he was trying to please himself as he was speaking.\u201d She feared showing up to work and stopped teaching a night class in African American literature, worried Irvin might follow her to her car. She started sleeping with a baseball bat by her bed. She considered buying a gun. And the more she rejected him, the more insistent he became, she testified was very clear and direct that did not want a sexual relationship,\u201d she said during the trial. \u201cIt was almost like he was trying to convince me.\u201d She verbally reported the harassment to then-interim Southwest College President Denise Noldon in November 2017. Noldon said she would \u201cdo what she could,\u201d Turner-Odom said in court. Noldon denied during the trial that Turner-Odom had reported such harassment to her during their meetings. In December 2017 \u2014 about 10 months after Turner-Odom alleged the harassment began \u2014 she filed a formal complaint with the district\u2019s Office of Diversity, Equity and Inclusion, which is responsible for district compliance with Title IX, the federal law that bars discrimination on the basis of sex at institutions that receive federal money. In the complaint, which was introduced as evidence in court, Turner-Odom said Irvin had retaliated against her for rejecting his sexual advances by firing two longtime student workers in the tutoring center. She also said Irvin offered to appoint her to administrative positions in exchange for sexual favors, which she refused. Four days after she filed her complaint, a compliance officer responsible for investigating it requested more written information. Turner-Odom responded by sharing the names of four women \u2014 including two students \u2014 who she alleged had also dealt with harassment from Irvin. And she identified campus employees who she said had \u201cdirect information\u201d about her allegations against him. In her complaint, she said the harassment had caused her severe nausea, anxiety and bouts of depression. \u201cHis offerings of career advancement \u2026 made me feel cheap, worthless and fearful of his retaliation,\u201d she said in the complaint. In February 2018, Turner-Odom met in person for two hours with the college compliance officer, Muriel Alford. In an interview, Turner-Odom said she felt uneasy when Alford asked why she hadn\u2019t complained about the harassment sooner. Turner-Odom received a letter from the Community College District that June notifying her of Alford\u2019s findings: There was no evidence to substantiate her allegations. In the letter, included in court documents, the district\u2019s interim Deputy Chancellor Kathleen F. Burke wrote that Alford had been unable to reach several of the witnesses Turner-Odom had listed in the grievance, and that others had said they \u201cwere not direct witnesses to inappropriate conduct\u201d by Irvin. The district said the two student employees it fired had worked on the campus longer than is allowed for students. Having run out of options with the district, Turner-Odom decided to sue. In the civil lawsuit filed in October 2018, she accused Irvin of sexual harassment and retaliation, and alleged the Los Angeles Community College District had failed to prevent the harassment. Juliet Hidalgo, a spokesperson for the nine-campus district that operates Southwest College, declined to answer specific questions about Turner-Odom\u2019s lawsuit due to pending litigation. But she said the district thoroughly investigates sexual harassment complaints. \u201cAny allegations like this, we take it really seriously. We want to make sure that our district is a safe space for everyone to work,\u201d she said. \u201cWe do not tolerate any sort of retaliation or anything like that.\u201d Irvin and Turner-Odom both continued to work at Southwest until December 2021, when Irvin was transferred to serve as acting vice president of student services at Los Angeles Trade-Technical College. Citing two pending lawsuits against Irvin, the Trade-Tech faculty union protested his transfer in a letter to Chancellor Francisco Rodriguez and the Board of Trustees. The protests did not prevent Irvin\u2019s move. Turner-Odom was not alone in complaining about Irvin. Three additional civil lawsuits against the district involving Irvin are pending. One, filed by Daniel Ortega, a faculty member in the counseling department, alleges that Irvin harassed, retaliated and racially discriminated against him lawsuit filed by Erika Miller-Tate accuses Irvin of trying to fire her three times without going through formal district processes. Another, from a counselor and instructor identified in court papers as Steve Doe, alleges Irvin failed to intervene when he faced sexual harassment from another administrator. Attorneys representing the district in the Doe, Miller-Tate and Ortega cases did not respond to multiple requests seeking comment. Hidalgo, the district spokesperson, declined to comment on the pending litigation. She said the district is representing Irvin in the Doe and Miller-Tate cases. Irvin is not named as a defendant in the Ortega case. :: In October 2022 \u2014 five years after she filed her Title complaint with the Community College District \u2014 Turner-Odom\u2019s case unfolded during a two-week trial in Los Angeles Superior Court before a 12-member jury. In support of her colleague, Denisha Hill, an adjunct instructor, testified that Turner- Odom had told her that Irvin had made sexual comments about Turner-Odom\u2019s body. Miller-Tate, also a witness, said in court that Turner-Odom also had confided to her about the alleged harassment. Miller-Tate said her close friend \u201cwent into a shell\u201d \u2014 an abrupt change for a woman who normally had an active campus presence. Irvin took the stand. \u201cDid you ever make any harassing comments to Dr. Turner-Odom?\u201d asked Maryann Gallagher, Turner-Odom\u2019s attorney. \u201cNo,\u201d Irvin responded. \u201cShe says that you did.\u201d \u201cThat\u2019s what she said.\u201d \u201cShe lied?\u201d \u201cYes, she lied,\u201d Irvin said. Richard Morton, an attorney who represented Irvin and the Community College District during the trial, argued that Irvin\u2019s past court cases and history were irrelevant to Turner-Odom\u2019s harassment allegations. \u201cIt\u2019s a history he\u2019s got to live with, and he has been living with it,\u201d Morton said during closing arguments. \u201cThis case has dredged up a lot of stuff. It\u2019s dredged up some innuendos, rumors, hecklers. These are all decades old.\u201d Morton also said that none of the witnesses called during the trial had directly seen Irvin harass Turner-Odom. And he cast doubt on the professor, questioning why she waited until December 2017 to file an official complaint about Irvin\u2019s behavior. \u201cThat\u2019s the first time the college was notified,\u201d he said. \u201cBefore that ... she told her friends. She didn\u2019t tell anybody else. Her friends all told you that she didn\u2019t tell anybody else either. Nobody told anybody that had any authority to do anything about it.\u201d Gallagher countered that her client was forced to work alongside her harasser as she fought to hold him responsible. \u201cShe tried everything she could to have them acknowledge and to have them be accountable, and they refused,\u201d she said in closing arguments. The jury returned after one day of deliberations. They found in favor of Turner-Odom. Irvin had sexually harassed her, and the district had failed to prevent and investigate the harassment, had retaliated against her and were negligent in employing Irvin. She was awarded $10 million \u2014 $8.5 million from the district and $1.5 million from Irvin \u2014 for mental suffering and emotional distress. Less than a week later, Irvin participated in a San Bernardino Valley College public forum to present his vision as one of five finalists for the position of school president. Over the course of an hour, he pitched himself to community members as a collaborator and someone who works hard to build teams, a presentation recorded and posted online by the college. \u201cThis is what want. This is what San Bernardino Valley College really needs,\u201d he told the room. \u201cThey need a Howard Irvin in their life.\u201d :: Before the October trial, over several months in 2022, Chancellor Rodriguez repeatedly asked trustees to consider a package that would have allowed Irvin to continue receiving a salary for nine months if he left the district, said Gabriel Buelna, one of eight trustees. The proposed agreement would have placed Irvin on paid administrative leave with full benefits from Sept. 6, 2022, through June 30, 2023, to \u201cavoid being terminated,\u201d according to a draft copy of the proposal obtained by The Times. Rodriguez declined an interview request through a spokesperson, citing the ongoing litigation. Four of the trustees did not respond to requests seeking comment. Trustee David Vela referred questions to a spokesperson. Trustee Sara Hernandez said in an email that the decisions by the board and Rodriguez around the sexual harassment allegations against Irvin occurred before her time on the board, and that she was \u201cnot familiar\u201d with how they were handled. Hidalgo, the district spokesperson, declined to comment on the proposed payout for Irvin. The trustees declined to formally bring it up for a vote, said Buelna, who was the only trustee to vote against renewing Rodriguez\u2019s four-year contract earlier this month said, \u2018Over my dead body,\u2019\u201d he said. :: The end of Irvin\u2019s career in the Los Angeles Community College District arrived quietly. At a meeting this January, the Board of Trustees made the brief public announcement that in a closed session a month earlier, they had decided to \u201cdismiss a vice president of student services.\u201d They did not mention Irvin by name or make any other comments. Irvin\u2019s termination is final, said Hidalgo, the district spokesperson. Irvin had remained at Trade-Tech until his dismissal. His district pay and benefits in 2022 amounted to $282,495, according to Transparent California, a privately maintained database of public pay records. He did not get the position at San Bernardino College. In mid-September, he interviewed for the position of vice president of student services at College of the Redwoods in Eureka, but did not get the job, college officials said. In March, the Los Angeles Community College District appealed the decision in Turner-Odom\u2019s case, putting her award on hold. An appeals court has not yet ruled on the district\u2019s request for a new trial. Janice Brown, an attorney hired by the district after the October trial, has argued that the $10-million jury award was far too large because Turner-Odom did not lose pay or suffer any other financial losses. \u201cPeople say things; people can be rude. Nobody\u2019s perfect in the workplace,\u201d Brown said. \u201cBut behavior that\u2019s inappropriate has to rise to the level of negatively impacting your work \u2014 you can\u2019t get a raise, you get demoted, those kinds of things.\u201d Brown said in an interview that Irvin\u2019s criminal history should not have been introduced at trial because it was prejudicial, and that Irvin had \u201credeemed\u201d himself over the years. \u201cSomebody has redeemed themselves, and then got a PhD in education,\u201d she said. \u201cAnd you still are saying, \u2018You can\u2019t be trusted\u2019 because of what happened \u2026 30 years ago.\u201d Gallagher, Turner-Odom\u2019s attorney, criticized the district for fighting instead of accepting the verdict. Turner-Odom still works at Southwest, and plans to stay until she is eligible to retire with her full pension in a couple of years. She gave up the tutoring program to avoid having to deal with administration, and returned to a full teaching schedule. It\u2019s difficult, she said, to show up to work knowing the community college system continues to fight her in court can\u2019t wait until reach a point where can walk away,\u201d Turner-Odom said. \u201cI\u2019m never setting foot on that campus again once can get out of there completely. There\u2019s nothing there for me.\u201d Debbie Truong is a higher education reporter for the Los Angeles Times. Previously, she covered PK-12 education for (88.5), the affiliate in Washington, D.C., and the Washington Post. She attended Syracuse University and received a master\u2019s degree in journalism from American University. She grew up in the San Gabriel Valley."}
7,259	Clarence Tygart	California State University - Fullerton	[ "7259_101.pdf" ]	{}
8,840	Doug Bickel	University of Miami	[ "8840_101.pdf", "8840_102.pdf", "8840_103.pdf", "8840_101.pdf", "8840_103.pdf" ]	{"8840_101.pdf": "To hear University of Miami music school dean Shelton Berg tell it, jazz piano professor Doug Bickel was pulling stunts that would make John Coltrane blanch. The 41-year-old jazz pianist, says Berg, smoked pot in his office, tried to barbecue inside a classroom, mooned his students, and sexually harassed them... To hear University of Miami music school dean Shelton Berg tell it, jazz piano professor Doug Bickel was pulling stunts that would make John Coltrane blanch. The 41-year-old jazz pianist, says Berg, smoked pot in his office, tried to barbecue inside a classroom, mooned his students, and sexually harassed them wanna fuck all you girls,\" Berg quotes him as saying. The accusations flew after Bickel -- who has played with Tito Puente and Arturo Sandoval -- was denied tenure at the Frost School of Music in March and given a year to find another job. When Berg, a fellow pianist, informed him last month that a student had filed a complaint alleging the professor sent her sexually inappropriate text messages, Bickel quit, accusing the school of homophobia had no idea what he was talking about, but panicked,\" recalls Bickel, who tends to speak in dramatic terms and sports a goatee that makes him look like a hairy Delta Burke. He scrawled quit\" on lined notebook paper and posted it on the dean's office door. He denies the sexting accusation, saying he couldn't have sent the message because he's gay. \"This was more than could take,\" he says was intimidated into resigning. I'm not sure if it was because of my sexuality or because we play the same instrument.\" But the sexting accusation was only the tip of the iceberg, Berg says. After Bickel's tenure was denied, \"an overwhelming number of students came forward with an unbelievable array of evidence of inappropriate behavior.\" Without suspending Bickel -- as school policy would dictate -- Berg called him and asked him to resign. \"The guy's a lunatic,\" Berg said in a recent telephone interview. Then, after his outpouring, the dean called Riptide back, this time insisting we don't write a story. \"I've been reading a book about violence, and Bickel exhibits all the signs of a violent person,\" he said. \"If you write this story, he will feel more aggrieved, and he'll be compelled to hurt me have strong reason to believe that he's going to do something violent.\" Berg's suspicions were apparently not sufficient to report to Coral Gables Police, who have only a trespassing warning under Bickel's name. \"If there were death threats, they weren't reported to us,\" says Janette Frevola, a police spokeswoman. We couldn't confirm any of Berg's other allegations because he refused to turn over student testimonies. Meanwhile, the school couldn't explain the behavior of its jazzy faculty. \"Dean Berg shouldn't have said anything. He should know better,\" says Margot Winick, a spokeswoman for the university. \"As a matter of policy, we don't comment on personnel matters.\" [[email protected] \| on twitter University of Miami Accuses Professor of Sexting, Mooning, and Harassing Students By Erik Maza June 1, 2010 Listen to the article now 1.0x Audio by Carbonatix Sign up for the This Week's Top Stories newsletter to get the latest stories delivered to your inbox Email \u2022 Enter Email reCAPTCHA I'm not a robot Privacy - Terms Use of this website constitutes acceptance of our terms of use, our cookies policy, and our privacy policy. View our accessibility policy and policy. The Miami New Times may earn a portion of sales from products & services purchased through links on our site from our affiliate partners. \u00a92025 Miami New Times, LLC. All rights reserved. Do Not Sell or Share My Information message from News Editor Natasha Yee: If you value independent journalism, please consider making a contribution to support our continued coverage of essential stories and to investigate issues that matter.", "8840_103.pdf": "Former music professor accused of smoking pot, mooning students Stephanie Genuardi Published 12:01 a.m April 1, 2012 Updated 12:58 a.m April 1, 2012 former University of Miami music professor is fighting allegations of drug use and sexual harassment. Doug Bickel, former director of the Frost Jazz Sextet, resigned abruptly after he was informed of a letter written by a student accusing him of smoking pot in his office, barbecuing inside a classroom, mooning his students and making sexually inappropriate comments to female students. Bickel, who had been a Frost School of Music professor for six years but denied tenure last fall, said he was given an ultimatum from Shelton Berg, dean of the Frost School: Resign immediately or have the accusations placed on your permanent record. Bickel scrawled a resignation note on a piece of ripped notebook paper, tacked the note on his department head's door, grabbed his belongings and left campus. When he arrived home, Coral Gables police were waiting with a warning: If he stepped on campus again, he would be arrested intend to fight this,' Bickel said was never given due justice was never allowed to face my accusers.' He said there was never a university trial, nor was he given a copy of the letter Communications spokeswoman Margot Winick said, \"Due to university policy, we cannot comment on personnel matters.' Bickel said he has lost his health insurance and is in the process of filing a defamation suit against Berg, who declined to comment for this article. However, Berg said in a June 1 Miami New Times article that Bickel was a \"lunatic' and \"exhibits all the signs of a violent person.' He also said that \"an overwhelming number of students came forward with an unbelievable array of evidence of inappropriate behavior.' Bickel denied that. \"The allegations are nebulous and hearsay,' he said. \"When presented with evidence would be happy to comment senior Neil Kumar described his jazz piano professor as \"unorthodox' and not \"having the most professional demeanor,' but said he had \"very caring relationships with his students.' \"It was closer than most student-teacher relationships,' he said. Kumar said he spoke to Bickel regularly via text and instant messenger. He acknowledged that while Bickel did \"say things of a sexual nature to females, it was no different than any other guy,' similar to a catcall at a woman walking down the street. Kumar said Bickel became unconcerned with rules and regulations after learning that he would not receive tenure. Bickel told Kumar that he thought the jazz sextet wasn't being taken seriously, so the group dressed in short jean shorts and tank tops for a jazz forum in late April. It was at that same forum, as students were filing out following the performance that Bickel dropped his pants and mooned all in attendance. \"It was hilarious, but it was definitely not appropriate for an academic setting,' Kumar said."}
7,298	Omar Alomari	Columbus State Community College	[ "7298_101.pdf", "7298_102.pdf", "7298_103.pdf", "7298_104.pdf", "7298_105.pdf", "7298_101.pdf", "7298_101.pdf" ]	{"7298_101.pdf": "Homeland Security official investigated Staff Writer The Columbus Dispatch Published 12:01 a.m June 11, 2010 Updated 11:01 p.m June 11, 2010 An Ohio Homeland Security official is being investigated for failing to disclose his former employment at Columbus State Community College, where he was fired after an improper consensual sexual affair with one of his students. Omar Alomari, the department's community engagement director, did not list his tenure at Columbus State from 1990 to '96 when he applied to work for the state and submitted background-check materials in late 2006. Department of Public Safety officials began an administrative investigation of the accuracy of Alomari's paperwork last month after a terrorism-related website began digging into his background. Alomari, 59, a native of Jordan, was a full-time humanities instructor at Columbus State. He disputed his dismissal by the college , filing a national-origin discrimination complaint with the Ohio Civil Rights Commission. He also sued the woman with whom he had an affair, accusing her of slander and seeking damages. The civil-rights commission found no probable cause of discrimination and dismissed Alomari's complaint. The lawsuit against his former student also ultimately was dismissed. Alomari, who also worked as a lecturer at Ohio State University before departing in 2006, now is a part-time instructor at Franklin University in Columbus and Otterbein College in Westerville. 3/15/25, 11:14 Homeland Security official investigated 1/2 Alomari, who is paid $76,107 a year, has received good job-performance reviews at Homeland Securityfor his work in reaching out to Muslims and others to promote security and cultural understanding. He was off work today and could not be reached for comment. The Fawa Report, the Web site that looked into Alomari's background, also questioned the academic credentials of Olen Martin, a former chief deputy sheriff and drug task force commander who was hired last year by Homeland Security. Martin listed on his employment application that he received bachelor's and master's degrees in criminal justice from Suffield University, of Twin Falls, Idaho. Suffield grants and sells degrees online, ranging from $475 for an associate degree to $550 for a doctoral degree, based on a \"prior learning assessment\" of applicants. It does not require tests or classroom work to obtain degrees. Martin, 45, was hired as a contractor in late 2006 and went on the state payroll last year, earning $47,923 annually as a regional coordinator for Homeland Security. He declined to comment. William Verda, Homeland Security director, said a college degree is not required for Martin's position and that his academic background played no role in his hiring. \"He didn't conceal (where his degrees came from) ... it was not even a consideration. ... We wanted someone who has the skills and who can talk the talk,\" he said. [email protected] 3/15/25, 11:14 Homeland Security official investigated 2/2"}
7,764	Jiri Valenta	University of Miami	[ "7764_101.pdf", "7764_102.pdf", "7764_103.pdf", "7764_104.pdf" ]	{"7764_102.pdf": "U. of Miami trustees vote to fire professor for sex harassment By Denise K. Magner October 6, 1993 Trustees at the University of Miami unanimously voted last week to fire a professor accused of sexually harassing female colleagues and other women. The move to dismiss Jiri Valenta, a tenured professor in Miami\u2019s Graduate School of International Studies, was made on the recommendation of Edward T. Foote II, president of the university, and a faculty committee that held hearings on the matter. To continue reading for FREE, please sign up free account provides you access to free articles each month, newsletters, job postings, salary data, and exclusive store discounts. Yes, please send me Academe Today, The Chronicle's daily flagship newsletter First Name Enter your first name Last Name Enter your last name Email [email protected] Password your password Sign In 01/03/2025, 09:25 U. of Miami trustees vote to fire professor for sex harassment 1/7 Already have an account 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. Top Articles ATTACK' States Are Once Again Taking Aim at Tenure. This Time Might Be Different Opinion \| Two-Thirds of Colleges Show Signs of Financial Stress. How Does Yours Stack Up? By creating a free account, you are agreeing to receive updates and special offers from The Chronicle and our selected partners. Unsubscribe links are provided in every email. View our user agreement and privacy policy. Subscribe today for unlimited access starting at just $1/week. Share 01/03/2025, 09:25 U. of Miami trustees vote to fire professor for sex harassment 2/7 Opinion \| Social Science Is Broken. Here\u2019s How to Fix It Funding Is at a Standstill. This Professor Is Tracking the Delays. From the Chronicle Store Visit The Store 01/03/2025, 09:25 U. of Miami trustees vote to fire professor for sex harassment 3/7 Top Jobs from The Chronicle Dean of the College of Business and Technology Georgia College and State University Program Director of Nursing Eastern New Mexico University Assistant General Counsel Rice University President Northwest Commission on Colleges and Universities (NWCCU) Faculty Fellow in Near Eastern Studies New York University Arts and Science l i it Kl i ll lt Edit f Phil d l hi i hb h d Search All Jobs What\u2019s happening on your campus? We are tracking how these laws are affecting colleges. If you have information to share, please fill out our form On My Campus 01/03/2025, 09:25 U. of Miami trustees vote to fire professor for sex harassment 4/7 Teaching Join a community of instructors and improve your teaching and learning outcomes with our free weekly newsletter. Email address Sign Up Where Higher Ed Goes to Find What's Next Explore thousands of open opportunities today In The Chronicle Store 01/03/2025, 09:25 U. of Miami trustees vote to fire professor for sex harassment 5/7 Higher Education in 2035 The Future of Regional Publics The Data Informed Campus The Neurodiverse Campus 01/03/2025, 09:25 U. of Miami trustees vote to fire professor for sex harassment 6/7 Subscribe Today 1255 23rd Street, N.W. Washington, D.C. 20037 \u00a9 2025 The Chronicle of Higher Education The Chronicle of Higher Education is academe\u2019s most trusted resource for independent journalism, career development, and forward- looking intelligence. Our readers lead, teach, learn, and innovate with insights from The Chronicle. 01/03/2025, 09:25 U. of Miami trustees vote to fire professor for sex harassment 7/7", "7764_103.pdf": "Sex Scandal Rocks University of Miami Sex By Carolyn Mooney March 31, 1993 The University of Miami is investigating complaints that a prominent professor sexually sex harassed female colleagues and other women, and that some administrators knew about the incidents for years but did nothing. In recent months the case has escalated into a scandal that has rocked Miami\u2019s Graduate School of International Studies. It now involves lawsuits and countersuits, as well as allegations of obscene behavior, coercive sexual acts, professional jealousy, and attempts sex to influence foreign governments. To continue reading for FREE, please sign up free account provides you access to free articles each month, newsletters, job postings, salary data, and exclusive store discounts. Yes, please send me Academe Today, The Chronicle's daily flagship newsletter First Name Enter your first name Last Name Enter your last name Email [email protected] Password your password Sign In 01/03/2025, 09:25 Sex Scandal Rocks University of Miami 1/7 Already have an account We welcome your thoughts and questions about this article. Please email the editors or submit a letter for publication. About the Author Carolyn Mooney senior editor and project manager for Chronicle Intelligence, Carolyn Mooney has held numerous reporting and editing roles during a long Chronicle career. Top Articles ATTACK' States Are Once Again Taking Aim at Tenure. This Time Might Be Different Opinion \| Two-Thirds of Colleges Show Signs of Financial Stress. How Does Yours Stack Up? By creating a free account, you are agreeing to receive updates and special offers from The Chronicle and our selected partners. Unsubscribe links are provided in every email. View our user agreement and privacy policy. Subscribe today for unlimited access starting at just $1/week. Share 01/03/2025, 09:25 Sex Scandal Rocks University of Miami 2/7 Opinion \| Social Science Is Broken. Here\u2019s How to Fix It Funding Is at a Standstill. This Professor Is Tracking the Delays. From the Chronicle Store Visit The Store 01/03/2025, 09:25 Sex Scandal Rocks University of Miami 3/7 Jobs Recommended For You Head Cashier University of Dayton Community Education Assistant Foothill-De Anza Community College District Executive Chef Rice University Instructor, Veterinary Technology Foothill-De Anza Community College District Program Administrator Rice University What\u2019s happening on your campus? We are tracking how these laws are affecting colleges. If you have information to share, please fill out our form On My Campus 01/03/2025, 09:25 Sex Scandal Rocks University of Miami 4/7 View More Jobs Teaching Join a community of instructors and improve your teaching and learning outcomes with our free weekly newsletter. Email address Sign Up Where Higher Ed Goes to Find What's Next Explore thousands of open opportunities today In The Chronicle Store 01/03/2025, 09:25 Sex Scandal Rocks University of Miami 5/7 Higher Education in 2035 The Future of Regional Publics The Data Informed Campus The Neurodiverse Campus 01/03/2025, 09:25 Sex Scandal Rocks University of Miami 6/7 Subscribe Today 1255 23rd Street, N.W. Washington, D.C. 20037 \u00a9 2025 The Chronicle of Higher Education The Chronicle of Higher Education is academe\u2019s most trusted resource for independent journalism, career development, and forward- looking intelligence. Our readers lead, teach, learn, and innovate with insights from The Chronicle. 01/03/2025, 09:25 Sex Scandal Rocks University of Miami 7/7", "7764_104.pdf": "377 804 027 988 Sandler, Bernice Resnick, Ed. About Women on Campus. 1994. Volume 3. Numbers 1-4. Center for Women Policy Studies, Washington, D.C.; National Association for Women in Education, Washington, DC. Marriott Corp., Bethesda, MD. Education Services Div. ISSN-1061-768x 94 82p. National Association for Women in Education, 1325 18th St., N.W., Suite 210, Washington 20036-6511 ($20 annual subscription). Collected Works Serials (022) About Women on Campus; v3 n1-4 1994 MF01/PC04 Plus Postage. Campuses; College Administration; College Faculty; College Students; Court Litigation; Equal Opportunities (Jobs); Females; Higher Education; Legal Problems; Sex Discrimination; Sex Fairness; Sexual Abuse; Sexual Harassment; Women Administrators; Women Faculty; Womens Athletics; Work Environment Academic Community; Supreme Court Four issues of a quarterly newsletter address programs, issues, and concerns of women students, faculty and administrators in higher education. Each issue contains many brief reports on events, news, litigation, legislation, and campus programs on the following topics: sexual harassment, working in academe, news from around the campus, sexual assault, women in athletics, and resources (conferences, new programs, publications). Final pages contain Job Line listings of positions open at colleges and universities around the nation. The Winter issue leads with a report on a Supreme Court ruling that makes sexual harassment easier to prove. The Spring issue includes a chronology of important events in the history of sexual harassment education, a section reporting on campus violence, and introduction of a new regular feature on the . National Identification Program which identifies and supports women with the potential to advance in higher education administration. The Summer issue includes an article on the Center for Women Policy Studies. The Fall issue contains a money watch section with several reports on damages and legal costs to several institutions in sexual harassment cases. It also contains sections on women in science and women in academe overseas. (JB) ********************************************************************** Reproductions supplied by are the best that can be made * from the original document. *********************************************************************** \\i 8 Utirce of EducattOnal Research and improvement CENTERERIC) Thos document has been reproduced as reserved Icorn the person Of orgentzatron ortginatmg ,1 C1)vat<or changes nave been made to tmotove eo,ocluct.on owthty Po.rtis of vew or op.ntorts stated In this Oocu rnent do not neCeSsartly represent 0111c.al POSMOn Or policy National Assoc for _Women in Education In a unanimous decision made only 27 days after hearing a case, the U.S. Supreme Court has ruled that a person who claims sexual harassment on the job need not prove that she (or he) was psy- chologically damaged or unable to do her job in order to prove sexual harassment. In the first case to ex- pand upon the court's 1986 ruling on workplace sexual harassment and the definition of a \"hostile envi- ronment,\" Justice Sandra Day O'Connor, who wrote the leading opinion, stated, \"When the work- piace is perme ted with 'discrimi- natory intimidation, ridicule and insult' that is 'sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive environment,' Title is violated.\" Title of the Civil Rights Act of 1964 protects employees from discrimination on the basis of race, color, religion, national origin and sex. All educational institutions are covered. The court noted that while a merely offensive remark may not be sufficient to create a hostile or abusive environment, a discrimina- tory environment that a reasonable person would find hostile or abu- sive \"can and often will detract from employees' job performance, discourage employees from re- maining on the job, or keep them ((All \\is Sexual Harassment 1 Working In Academe 3 From Around the Campus 7 Sexual Assault 9 Women in Athletics 11 Resources 12 from advancing in their careers.\" Justice O'Connor also wrote that the courts should look at a num- ber of factors to determine whether harassment occurred: frequency, severity, whether the behavior was threatening or humiliating, and whether it unreasonably interfered with the person's work, adding, \"But while psychological harm, like any other factor may be taken into account, no single factor is re- quired.\" The decision makes it easier for employees to prove discrimination, to reduce the number of cases in which defendants raise the psycho- logical damage issue and where courts allow extensive information about a plaintiff's past and current psychological and medical records. Teresa Harris, a manager of a truck leasing firm, claimed sexual harassment when the company's president made sexual remarks to her (such as proposing to discuss her salary at a local motel lower 0 3 145 court agreed that the behavior was crude and vulgar but denied it was harassment, because there was no evidence that Harris had been psy- chologically damaged. The case, Harris v. Forklift Svs- tents, is also important in determin- ing how sexual harassment and a hostile environment affecting stu- dents will be evaluated. Both the courts and the U.S. Department of Education (which enforces Title IX, the law prohibiting sex dis- crimination by educational institu- tions and which covers employees and students) look to decisions and concepts developed under Title Good News Two federal courts in Califor- nia have stated that Title IX, the law that covers sex discrimination in education, covers hostile environ- ment sexual harassment. Although courts have affirmed that Title covers harassment when faculty or staff members have pressured stu- dents for unwanted sexual activity, these may be the first cases in which the courts have stated that harass- ment which creates a hostile envi- ronment for students is covered by Title IX, which prohibits discrimi- nation on the basis of sex in colleges and universities receiving federal funds. These two cases, decided be- fore the U.S. Supreme Court deci- sion in Harris v. Forklift Systems, confirm the interpretation of Title by the Office for Civil Rights of the Department of Education has been interpreting Title to cover hostile environment, bas- ing this interpretation on the case law involving sexual harassment developed under Title of the Civil Rights Act, which prohibits employment discrimination on the basis of race, color, national origin, religion, and sex. The first case involved a male teacher in the Berkeley Unified School District who was accused of molesting two female students while he lived with their mother. The students are claiming that the teacher's continued presence in the 2 Women's Issues Project National Association for Women in Education Suite 210, 1325 18th Street Washington 20036-5511 Project Director: Patricia A. (arrant Editor: Bernice Resnick Sandler Business Manager: Patricia Rueckel The Women's Issues Project of the National Associa- tion for Women in Education publishes the quarterly newsletter About Women on Campus in cooperation with the Center for Women Policy Studies to provi,le information about programs, issues. and concerns of women students. faculty, and administrators. Asso- ciation members receive About Women on Campus as part of their S65 membership fee. Individual sub- scriptions are S20 for one year and S35 for two years. Institutional subscriptions are $28 for one year and S50 for two years. ISSN: 1061 768X Application to mail 2nd class postage rate pending at Washington. DC. Postmaster: Send address change to About Women on Campus, 1325 18th Street NW, Suite 210, Washington 20036-6511 Volume 3, Number 1 1994 r(' 1994 by the National Association for Women in Education The National Association for Women in Edut ation is an independent nonprofit professional organization dedicated to the education and professional and personal development of women and girls An impor- tant force in American education for more than 75 years. the Association is at a crossroads. serving new populations, expanding its services, and developing new and innovative programs to meet the ever- changing needs of women in education. The National Association for Women in Education does not discriminate oh the basis of race. color. national origin, religion, sex, age. affectional or sexual orientation. or disability in any of its policies. proce- dures. programs, or practices Published with Support from the Marriott Corpora tion. Education Services school constituted a hostile envi- ronment for them. The case. Patricia H. v. Berkeley Unified School District, was decided on July 21, 1993, in the U.S. District Court for the Northern District of California. Bad News The second case, in the same district, which involved a student who was subjected to harassment by other students in the seventh and eighth grades, alleged that the school did not respond to her nu- merous complaints about the be- havior. Although the court found that Title does prohibit hostile envi- ronment sexual harassment, it also stated that in order \"to obtain dam- ages under Title (as opposed to declaratory or injunctive relief), one must allege and prove inten- tional discrimination on the basis of sex by an employee of the educa- tional institution. To obtain dam- ages, it is not enough that the insti- tution knew or should have known of the hostile environment and failed to take appropriate action to end it.\" Proving \"intentional discrimi- nation\" in instances of hostile envi- ronment discrimination is more dif- ficult than proving that the institu- tion knew or should have known about the problem and taken steps to end it. If upheld by higher courts, this decision would require a higher standard of proof in cases seeking compensation for damages because of school hostile environment sexual harassment than is required in cases involving a hostile envi 4 1994 ronment for employees under Title VII. In the latter, the standard is that the employer knew or should have known of the hostile environment and failed to take action to end it. The decision in Jane Doe v. Petaluma City School District, reached on August 30. 1993, ap- plies only in the area covered by the U.S. District Court for the Northern District of California and does not affect enforcement by the U.S. De- partment of Education $130,000 Two Butte College (CA) counselors who complained over a period of several years about ha- rassment from the same supervisor have agreed to a settlement in which each will receive $65,000, one year's leave with full medical benefits, and stress counseling. The supervisor has been re- moved from his job. The California Community College Association and the California Teachers Asso- ciation played a prominent role in resolving thecase, which was the first sexual harassment case filed against a California community college $75,000 student who claimed she had been sexually harassed by the senior vice president for business affairs at the College of Charleston (NC) was paid $75,000 by a slate insurance fund. J. Floyd Tyler, ac- cused of making sexual advances toward the student, denied the alle- gations and retired shortly there- after Cornell University (NY) an- thropology professor Thomas Lynch retired after being found guilty of violating the university's policy on sexual harassment. The professional ethics committee rec- ommended firing, but Lynch re- tired before the penalty was imple- mented. Music professor Einar Jeff Holm is no longer teaching at Ithaca College world-renowned cellist, Holm was accused by past and current students of sexual ha- rassment and abuse of power. No further details were forthcoming from the school. Tenured professor Jiri Valenta of the University of Miami's Graduate School of International Studies was fired by a unanimous vote of the board of trustees. Valenta was accused of sexual mis- conduct by seven women, includ- ing a fellow professor in the gradu- ate school who stated that Valenta threatened to destroy her career if she did not submit to his sexual advances. He was also accused of propositioning other women and grabbing their breasts and buttocks Future college students who come from Minnesota are likely to have a better understanding of sexual harassment than their peers from other states. The Minnesota State Board of Education has ap- proved an elementary and second- ary curriculum for students from kindergarten through high school, dealing with harassment, espe- cially peer-to-peer harassment $260,000 Harvard University has agreed to settle a six-year-old suit filed by Clare Dalton, a law profes- sor who charged she was denied tenure in 1987 because of her gen- der and her work in critical legal studies. Dalton's award will go to a new Domestic Violence Institute, which she will head at Northeastern Uni- versity (MA), where she is a ten- ured professor. The money from the settlement will be used to train law students in the Boston area, including Harvard students, and to support research. Dalton says she feels vindicated because \"Harvard is paying the price for gender dis- crimination\" and that the money is going to \"a community of women who suffer the worst kind of dis- crimination that society can dish out.\" Dalton is married to Robert B. Reich, Secretary of Labor. Of Harvard Law School's 57 tenured faculty, only four are women. When Dalton filed her complaint in 1987, there were five tenured women 1994 3 Seven years after she became the first person ever to be denied tenure in the University of Califor- nia at Berkeley department of math- ematics, Jenny Harrison has finally won tenure. As a result of a lawsuit filed in 1989, charging the univer- sity with sex discrimination, Harrison was asked to reapply for tenure. This time, the tenure review committee consisted of scholars from both Berkeley and other col- leges, who recommended that she be given tenure campus commit- tee had previously held 80 hours of hearings concerning her allegations and concluded there was no dis- crimination. Several professors in her depart- ment have attacked her appoint- ment in e-mail messages sent to mathematicians around the coun- try. The vice chancellor met with six professors, asking them to stop the messages, but they claim they are simply setting the record straight Efforts to establish an en- dowed chair in the name of Anita Faye Hill at the University of Okla- homa, where she teaches, have met with opposition. Approved 5-2 by the University's regents, the chair, which would provide money for salaries, research, and travel to study the rights of women in the workplace, must be approved fi- nally by the state legislature group of Minnesota women have raised over $127,000 from thou- sands of women and men all over the country. The money is required for funding part of the endowment. Representative Leonard Sul- livan (R) has proposed a bill that would limit out-of-state funding for endowed chairs and has proposed ending the endowment program en- tirely to avoid creating a professor- ship in Hill's name. The chair is the first of 75 previously endowed to be contested. Hill challenged Clarence Thomas's nomination to the Su- preme Court, accusing him of sexual harassment Women chemists appear to be more vulnerable in the job market than men. According to a survey recently conducted by the Ameri- can Chemical Society, the unem- ployment rate for women was 6.3 percent, compared to 3.5 percent for men. Women were over three times more likely than men to be employed part time and were also more likely to be post-docs or on other fellowships. For further information, contact the American Chemical. Society, 1155 Sixteenth Street, NW, Wash- ington 20036 Leigh Segel, a research bio- chemist at Davis Medical School, has charged the school with gender discrimination. The law- suit, which focuses on the medical school's hiring policies, claims that women have been steered to \"non- secure, non-state-funded profes- sional research positions\" while men have been hired for the \"se- cure, state-funded professor\" posi- tions, and that \"closed hiring prac- tices\" have been used. The suit has been endorsed by the Association for Women in Sci- ence and the American Association for University Women's Legal Ad- vocacy Fund, which is helping to support the lawsuit. For further information, contact the Support Committee for Leigh Segel, c/o Donna Lagarias, 11853 Imperial Avenue, Davis 95616 Life on the Other Side of the Tenure Track documents the status of non-tenure-track instructional staff at the University of Michigan, where they are nearly one third of the total faculty. Women are 20 percent of the tenure-track faculty but 46 per cent of those not on tenure track. The report covers the growth of instructional faculty, gender distri- bution, participation in faculty gov- ernance, and responses to the in- crease in non-tenure-track faculty. Although it does not include recom- mendations for change, the report nevertheless offers a model for schools wishing to address this issue. Copies are available at no cost from the Faculty Senate Office 1994 University of Michigan, 4008 Fleming Building, Ann Arbor 48109. or by calling (313) 764- 0303 The U.S. Census Bureau re- ports that one out of five preschool children are taken care of by fathers while their mothers work. Al- though the study did not ask why fathers provide care, author Martin O'Connell attributed the increase to rising unemployment, high child- care costs, increased part-time or shift work by either parent, and changing social attitudes. The study surveyed 2,770 moth- ers in the workplace. Twenty-two percent of the women were manag- ers or professionals In 1975, only 148 women served as heads of U. S. colleges and universities. By 1992, the total more than doubled to 348, or 12 per cent of the total. Women in Presi- dencies summarizes data about these women; the types of institu- tions they head; their personal, edu- cational, and professional back- ground; how they became presi- dents; perceptions about their presi- dency; and their future plans. Published by the Office of Women in Higher Education, the 115-page book was written by Judith G. Touchton, Donna Shavlik, and Lynne Davis. It is available for $17.50 from ACE, One Dupont Circle NW, Washing- ton 20036 Published by the Commission on Women at the University of Min- nesota, this guide provides an over- all plan to improve the campus cli- mate for faculty women. Current university statements, policies, and MI11 1.1.. National Association for Women in Education 1994 2-5, 1994 1325 18TH 210 20036 (202)659.9330 resolutions are included, but the bulk of the 95-page booklet consists of easy-to-use resources: tip sheets, checklists, case studies, and strate- gies for recruiting, building institu- tional accountability, and imple- menting commission goals short multicultural guide to the Twin Cit- ies communities is also included. The booklet will be of direct use as well as a model for campuses wishing to develop a similar book- let. Copies cost $2.50 from the Commission on Women, Univer- sity of Minnesota, 410 Morrill Hall. 100 Church Street SE, Minneapo- lis 55455 This book provides a solid overview on reappointment, pro- motion, and tenure decisions and integrates legal, educational, and personnel perspectives on these is- sues. Along with specific cases and examples, it also discusses ration- ales courts use in adjudicating these cases, ways in which colleges and universities can reduce the likeli- hood of such cases, peer review, confidentiality, and criteria for de- cisions. Written by Terry L. Leap, the 213-page book is published by Press, School of Industrial and La- bor Relations, Cornell University, Ithaca 14853-3901, and costs $16.95 in paper 1994 5 7 For those beginning to learn about the law or for someone whose knowledge has become rusty, this book provides much useful infor- mation. It summarizes federal laws that prohibit employment discrimi- nation on the basis of race, color, religion, national origin, sex, age, and disability. The book briefly discusses such major area= as dis- parate impact, affirmative action, and the role of intent, and also cov- ers Title of the Civil Rights Act, the Age Discrimination in Employ- ment Act, Title of the Americans with Disabilities Act, and the Equal Pay Act. Title IX, which covers employees as well as students in educational institutions, is not in- cluded. The 96-page book, written by Michael Evan Gold, costs $8.95 in paper and is available from the Press, address at the end of page 5 Erase the Bias Pay Equity Guide to Eliminating Race and Sex Bias from Wage Setting Systems is a technical \"how-to\" manual de- signed to guide personnel staff, union activists, employees, and others as they examine how their workforce may be segregated by sex and race and determine if sala- ries for jobs held predominantly by women or people of color are lower because of sex or race. The 76-page manual plots the steps necessary to conduct a pay equity study, including how to com- pare jobs, how to determine if pay differences are due to legitimate factors or to bias, and what to do about all of this glossary, bibli- ography, and appendices are also included. Written by Lynda Ames, the guide is published by the.National `Committee on Pay Equity, 1126 16th Street NW, Suite 411, Wash- ington 20036 and costs $15.99 for nonmembers. Bulk discounts are available The new family and medical leave act has been in effect for most employers since August 5, 1993. For schools with unions, the date may depend on the collective bar- gaining agreement. Men and women can take up to 12 weeks of unpaid leave every year to care for newborn or adopted children; to care for children, parents, or spouses who have serious health conditions; and to recover from a serious health condition. After leave is concluded, the law requires the employer to return the employee to the same or an equivalent job with the same pay, benefits, and conditions. Institutions with 50 or more employees are covered. Employees are covered if they have worked for the employer for at least one year and for at least 1,250 hours in the previous year. Employers can re- quire medical certification for leave, and are required to pay em- ployees' health insurance premi- ums, if they normally do so. Should a worker not return, the employer may be able to recover the cost of the premiums, unless the reason for failure to return to work was con- tinuation of a serious health prob- lem or conditions beyond employee control. The Act is enforced by the De- partment of Labor's Wage and Hour Division. For further infor- mation, contact the Women's Legal Defense Fund, 1875 Connecticut Avenue NW, Suite 710, Washing- ton 20009, for the following publications Guide to Using the Family and Medical Leave Act: Questions and Answers, a comprehensive look at the law and answers to fre- quently asked questions, $4.95. State Laws and Regulations Guaranteeing Employees Their Jobs After Family and Medical Leaves, $3.95. Coming soon new look for our newsletter 6 0 1994 BROTHERS...AGAIN?\" So read a fraternity flyer invit- ing student and alumni members to a mock war with paint-ball games. The invitation was mailed by an alumnus of Lambda Chi Alpha at the University of California at Northridge without the approval or knowledge of either the local frater- nity or the national office. Unlike some fraternities which might justify such a flyer, both the national office and the local chapter of Lambda Chi condemned it. When the flyers arrived, fraternity members complained immediately to the national office, which then reported the flyer to university offi- cials, disavowed it, and promised to apologize to all who received it Lambda Chi official at the national office in Indianapolis stated, \"Any- thing that promotes this kind of at- titude goes against everything we stand for.\" At the same campus, other fra- ternities had been criticized earlier for offensive songbooks and for a party in honor of \"Lupe,\" a ficti- tious character who appeared in the songbook as \"Lupe, the Mexican whore.\" Both incidents led to many angry discussions and campus pro- test marches, which apparently sen- sitized some members of the Greek community The women's caucus of the law school at Northeastern Univer- sity (MA) are pressing for student heath insurance to cover abortions. The policy covers pregnancy but does not specifically state that abor- tions are not covered. Students typi- cally are unaware that abortion is not covered until an abortion is sought. The University's response? Adding a question to its annual fall survey of students to help it decide what to do. Coverage of abortion varies among institutions. Student health insurance plans at Harvard Univer- sity and the cover abortion, although at Harvard, students who object to abortion on moral grounds can request a rebate on that portion of the health fee that would pay for abortion Over the 14-year period 1977 to 1991, the number of women earning master's degrees increased by 27,000, while the number for men decreased by 16,000. Cur- rently, 54 percent of master's de- grees are earned by women; in 1977. 53 percent were earned by men. Although 27 percent of all master's degrees awarded in 1991 were in education, the number of women receiving these degrees has dropped by 18 percent since 1977. In contrast, the number of women receiving master's degrees in engi- neering has grown by 390 percent --from 720 degrees in 1977 to 3,529 in 1991. Similarly, the num- ber of women earning master's in business rose from 6,664 in 1977 to 27,489 in 1991, an increase of 313 percent. With the exception of Asian- American women, who earn fewer master's degrees than Asian- American men, women earn more master's degrees than males who share their ethnicity or race. The data come from \"Trends in Degrees Conferred by Institutions of Higher Education: 1984-85 Through 1990-91 93- 356), which is available from the author, Frank Morgan, at the Na- tional Center for Educational Sta- tistics, 555 New Jersey Avenue NW, Washington 20208, 202 219-1779 When a survey of full-time faculty revealed that gender issues needed to be addressed, the Depart- ment of Medicine at Johns Hopkins University School of Medicine re- sponded quickly. Interventions have included formal evaluation of the sta- tus of women by a departmental task force Dissemination and discussion of the survey results at meetings of division directors, faculty, and house staff to identify issues and develop support and solutions 0 1994 7 9 Use of highly respected indi- viduals in the department to lead activities aimed at reducing gender bias Establishment of an office of faculty and organization develop- ment, directed by a trained profes- sional available for individual con- sultation monthly colloquium for women faculty and fellows to dis- cuss issues related to gender, in- cluding mentoring and profes- sional development Half-day sessions for small groups led by an outside L. onsultant Development of a guide for criteria for mentoring Development of guidelines by the promotions committee for evaluating mentoring by faculty and using mentoring as a key crite- rion in promotion Increased participation of women faculty in planning and run- ning departmental events. These and other activities are summarized in the summer 1993 issue of \"Women in Medicine Up- date\" published by the Association of American Medical Colleges, 2450 Street NW, Washington 20037-1126 fuller discus- sion appeared in Academic Medi- cine, May 1993. For further infor- mation, contact Emma Stokes at Johns Hopkins University School of Medicine, 410 614-1211 Fraternity residents consume an average of 20 drinks a week, compared to the 8 drinks consumed each week by other male students. Women living in sorority houses drink less than fraternity house resi- dents but still consume more than other women. Sorority residents average 6 drinks a week; other women drink only 3. The Institute for Alcohol and Other Drug Studies at Southern Illinois University defined a drink as 12 ounces of beer, 4 ounces of wine, or 1.5 ounces of liquor. The study was based on a survey of about 58,000 students, including responses from 438 sorority house and 568 fraternity house residents. The higher incidence of rape during fraternity-related activities may be linked to the higher alcohol consumption. Alcohol is often in- volved in campus rape One campus activity rarely examined in terms of gender differ- ences is course selection. The Radcliffe News studied gender dis- tribution in the \"Top 10\" most popular courses at Harvard. Women's enrollment ranged from a low of 28 percent for \"European Intellectual History, 1900 to the Present\" to approximately 61 per- cent for \"Chinese Family, Marriage and Culture.\" The most popular course, \"Principles of Economics,\" was second lowest for women; only 35 percent of the students were fe- male. The least favorite for women among the four science courses in- cluded in \"Top 10\".were \"Organic Chemistry\" and \"Matter in the Uni- verse.\" The figures do not take into ac- count that 41 percent of the under- graduates at Harvard-Radcliffe are women ten-year longitudinal study of 81 high school valedictorians has revealed several characteristics on which the men and women differ by gender, particularly in intellectual self-esteem and career aspirations. Although the male and female par- ticipants earned equally high col- lege entrance examination scores and grade-point averages, and though the women were as success- ful as men in gaining academic hon- ors, merit-based scholarships, and undergraduate research and teach- ing assistantships, women experi- enced a marked drop in intellectual self-esteem, especially between senior year of high school and sophomore year of college. Al- though 21 percent of the women (in contrast to 22 percent of the men) described themselves as far above average in intelligence as they en- tered college, not one woman de- scribed herself that way in her se 0 1994 nior year (compared to 25 percent of the men who did second gender difference, ac- counting in part for the greater attri- tion of women from math and sci- ence, was women's persistent con- cern about combining career and family. Many of the women per- ceived intensive career involve- ment to be incompatible with fam- \", responsibilities. As college se- niors. two-thirds of the women (but none of the men) planned to reduce future labor participation because of family. One group of women aspiring to prestigious professions expected relatively continuous labor force participation: the second group as- pired to less prestigious vocations and expected to design their work around future family obligations. The study showed that women who aspired to high vocational levels were separated from less profes- sionally ambitious women by work and family values rather than by ability, family background, and college experiences. The study, \"Academic Achieve- mentA View from the Top: The Illinois Valedictorian Project,\" was conducted by Karen D. Arnold. Copies are available from the North Central Regional Educational Laboratory. 1900 Spring Road, Suite 300, Oak Brook 60521- 1480 Undergraduate members of the Fly Club at Harvard University have voted to allow women to join. This is the first of Harvard's nine all-male clubs to do so. The club board must approve the measure, something it turned down in 1989. Harvard severed its official ties with the all-male clubs in 1986 be- cause they do not admit women. About 5 percent of Harvard's 4,000 male undergraduates are members. Shortly before the vote, over 200 women students signed a peti- tion urging a boycott of the clubs' social activities. Many of the clubs hold parties where women are wel- come. although they may not join the clubs The Center for Women Policy Studies has received a second grant to underwrite its new classroom climate project. The Fund for the Improvement of Postsecondary Education (FIPSE) is supplement- ing funds already received from the Lilly Endowment for the project, which will produce a guidebook describing how differential class- room behaviors toward women and others, along with certain teaching styles and curricula, can create a chilly learning climate for all stu- dents. These factors will also he examined for their impact on women of color. The guidebook will provide in- div; dual and institutional strategies to increase the participation of all students, especially women, and to improve faculty evaluation as it re- lates to teaching style and climate issues. If you know of resources, re- search, examples of teaching strate- gies or institutional strategies, to increase participation of women and other students or have any other related information, write or call Bernice R. Sandler, Center for Women Policy Studies, 2000 Street NW, Suite 508, Washington 20036, 202 872-1770. The report will be written by Sandler and Roberta M. Hall. who together wrote \"The Classroom Climate Chilly One for Women\" in 1982 student who had been gang raped by three male students at a Sigma Chi party has agreed to a settlement with Colgate and the fra- ternity. Kristina Bruxton charged that the university had been lax in enforcing underage drinking regu- lations. Terms of the settlement were not disclosed. Under a sepa- rate charge, the three men pleaded guilty to criminal charges of sexual misconduct 1994 9 11 Antioch College's policy requ,ring students to obtain verbal consent for each le\\ el of sexual behavior has been the subject of countless articles, many of them poking fun at it. Developed by students in the context of Antioch's \"community governance,\" the policy was widely discussed before it was adopted. One incoming student who learned of the policy at orientation was quoted as saying that if he had to ask, he wouldn't get what he wanted, a remark that unwittingly indicated the value of the policy. The following may be helpful for those persons, like the incom- ing student, who need help in understanding why it makes sense to ask. 1. Because many partners find it sexy to be asked, as sex progresses, if it's okay. 2. Because sex is better when each partner enjoys what is happen- ing.and no one is being forced to do something he or she doesn't want to do. 3. Because if your partner is having a good time and is not forced to do something against her will, she may be more likely to want to see you again. Mutual respect is the best basis for friendship and intimacy. 4. Because forcing sexual activity on another person can violate state and federal laws and your school's policy. In most instances, unwamed touching and fondling is sexual assault. 5. Because it prevents misunderstandings (silence is not a \"yes\"). 6. Because you won't be accused of rape. 7. Because you won't go to jail or be expelled. 8. Because it's better to be safe than sorry. 9. Because if you want to impose your sexual will on someone, your behavior has more to do with dominating that person than with enjoying sexuality and an intimate relationship. 10. Why would you want to have sex with someone who doesn't like what you are doing Responding to Sexual Assault on Campus is a three-part manual which should be helpful to institu- tions developing or evaluating poli- cies and procedures. Part intro- duces the subject; Part contains a sample policy on sexual miscon- duct, including procedures and common questions about them and a list of the rights of both the ac- cused and the victim. Part de- scribes the response procedure for victims of sexual assault and also contains checklists concerning sexual assault procedures to be fol- lowed by the dean of students, resi- dence life office, health center, counseling center, campus secu- rity, and ombuds sexual assault incident report is also included. Part IV, a guide for administra- tors, includes checklists on policy, enforcement, education and pre- vention, treatment and support, and assessment that will be especially helpful in the evaluation of current programs and policies. Written in clear simple lan- guage, the 27-page guide was pub- lished by the State Council of Higher Education for Virginia to assist institutions as they address this issue. Free until supply runs out, from the Council of Higher Education, 101 N. 14th Street, 9th Floor, James Monroe Building, Richmond, VA, 23219. 10 4 1994 RESOURCES? Many collegesare finding that student peer educators are among the most effective means of sensi- tizing students to issues involving sexual assault. Se.v Without Con- sent describes peer education. how to get started. training students, and student activities. It also includes a bibliography, sample sexual mis- conduct policies, sample recruiting ads, table slips. and radio ads. The 150-page book, written by Toby B. Simon, Associate Dean of Student Life at Brown University. and Cathy A. Harris, a student who founded the Sexual Assault Peer Education program at Brown, is available for $21.95 plus $3.00 shipping from Learning Publica- tions, P.O. Box 1338, Holmes Beach 34218-1338 manual for peer education programs at the secondary level is also available at the same price The California State Univer- sity System has agreed to substan- tially increase athletic opportuni- ties for women at 19 state universi- ties (one has no sports programs). As part of a settlement in a cast; against the system brought by the state chapter of the National Orga- nization for Women, each institu- tion will: Increase the participation rates of women and the number of ath- letic scholarships women receive to within 5 per cent of the propor- tion of women in the student body by the 1998-99 academic year Increase the proportion of its sports budget that is spent on women's programs to within 10 per cent of the proportion of women students within the next five years. The president of each institu- tion is responsible for compliance with the consent decree and will report to the system board every other year about progress The University of New Hampshire has adopted a five-year plan that will increase the propor- tion of women to about half the school's athletes and will increase their access to scholarships: Women's crew, golf, volleyball and softball will be phased into varsity status during the five-year period. The plan was the result of discrimination charges High school women are mak- ing inroads on sports. In 1992-93, 120 female high school students participated in high school football and 541 participated on varsity baseball teams. An Alexandria, Virginia. Potomac High School kicker, Cheryl Zimmerman, who is also cocaptain of her team, made six of six extra-point tries, and was crowned homecoming queen -at the same game. Sally Phipps,the first female special two-part focus of Initiatives the journal of the National Association for Women in Education Practical resources and information you need now to address this still- pervasive. demoralizing problem Analysis of legal issues by a attorney Obstacles to the reduction of harassment Uncommon perspectives on harassmentvictim, faculty women of color researchers, university president Harassment in various academic settings and of nonacademic employees The need for new taboos' in the academy Results- oriented programs projects strategies To o'de' send check o' money o'de' lot 526 00 to Na! onal AssCoabon tot Women in ducahon Sc to 210 1325 18th Stteel Washington 20036 65'1 202 659 9330 student to play for the Boca Raton, Florida, Spanish River High School team, was also crowned homecoming queen. At least 44 states allow females to participate in high school foot- ball. The first girl to play football on a high school team was Luverne Wise, who played on the Escambia County High School team in Atmore, Washington, in 1939. Male students are also attempt- ing to participate in traditionally female sports. John Williams, a eti 1994 11 13 senior at Liberty High School in Bethlehem, Pennsylvania, had played field hockey on a coeduca- tional team in eighth grade. He made the girls' high school team as goalkeeper, but was later kicked off the team; the school said their policy prohibits boys from playing girls' sports. Williams sued and, after a federal judge ruled he had a right to play, played again as a jun- ior . The decision was overruled by the Third Circuit Court of Appeals and is being appealed to the U.S. Supreme Court Women's basketball coach Marianne Stanley is suing the Uni- versity of Southern California for violations of the Equal Pay Act and Title IX, which prohibits sex dis- crimination in educational institu- tions. Stanley was fired over a contract dispute; she claimed that she is paid less and receives fewer benefits than the male basketball coach, even though they perform the same duties. Women's golf coach, Ann A. Pitts, has made similar charges against Oklahoma State Univer- sity. Pitts' salary was $35.712; the male coach's. $63.000. The charges followed a case against Howard University (DC), in which women's basketball coach Sanya J. Tyler was awarded $1.1 million in damages Long criticized for laxity in enforcement of Title IX, especially in sports cases, the Office for Civil Rights at the U.S. Department of Education seems to be entering a new phase head Norma V. Cantu has stated that the office plans to revise its investigators' manual and strengthen its monitor- ing of institutions that have agreed to correct violations of the law was recently criticized for lax enforcement in athletics cases by a report from the Lyndon B. Johnson School of Public Affairs at the University of Texas,Austin. In a case involving Colorado State University, a U.S. District Court judge accused of giving up too easily when Colorado Stat College did not meet its ten -yet old agreement to increase the par ticipation rate of women athletes When the University of Illi- nois at Urbana-Champaign dropped its men's swimming team but kept its women's team, eight male swimmers sued, claiming sex discrimination. The university had cut the men's team in order to save money and to improve the balance between men's and women's par- ticipation in sports federal judge ruled that the institution's cuts did not discrimi- nate against men and were intended to help the school's female athletes. The decision is under appeal Colorado State University has asked the U.S. Supreme Court to review a lower court decision which ordered the institution to re- instate its women's softball team. Baseball and softball were can- celed because of a $600,000 deficit in the athletics program. The 10th Circuit Court of Ap- peals has upheld a lower court's ruling that dropping the team vio- lated Title IX, which prohibits sex discrimination in institutions re- ceiving federal aid. Should the Supreme Court ac- cept the case, it would be the first sex-bias case in intercollegiate ath- letics to be heard by the Court Women. Culture and Society, a new reader from the Rutgers Uni- versity (NJ) Women's Studies Pro- grams, includes 46 articles from a number of sources. Sections focus on cultural and historical mean- ings; learning femininity and mas- culinity; the body and media; the household, the family, and women's work; violence; and re- productive rights and women's health. Edited by Barbara Balliet and Debra Humphreys,the book is the work of a group of faculty and stu- dents who cooperated on prepara- tion of a syllabus that would reflect commitment to multicultural edu- cation in a global context. The hook is published by Kendall/Hunt Dubuque. Iowa. 12 1994 WOMEN? Preparing to Lead: The Col- lege Woman's Guide to Internships and Other Public Policy Learning Opportunities in Washington, D.C. describes over 100 internships, semi- nars, fellowships, and other re- sources for women interested in pub- lic leadership. The guide includes research and advocacy internships with nongovernm organiza- tions as well as intent. Capitol Hill and in the executive ,i.aneh. The 136-page guide, written for students by students, is published by the Public Leadership Education Network (PLEN), a consortium of women's colleges aimed at prepar- ing women for public leadership, and costs $10. Order from PLEN, 1001 Connecticut Avenue NW, Suite 925, Washington 20036-5507 Although the University of Wisconsin's Women on Campus in the Eighties: Old Struggles, New Victories, examines the status of women in the Wisconsin State Sys- tem, the 18 essays it contains will be of interest to everyone concerned about equity because the issues they examine are universal. The book covers women's studies, women cf color, women with disabilities, dis- advantaged women, salary issues, sexist language, and other issues and programs. The fourth in a series on women in public institutions of higher education in Wisconsin, the book could serve as a model for other states or for institutions. Edited by Marian J. Swoboda, Audrey J. Roberts, and Jennifer Hirsh, the 116-page book is available for $5.00 from the Office of Equal Opportunity Programs, 1802 Van Hise Hall, 1220 Linden Drive, Madi- son 53706 EDUCATION? The fall 1993 issue of Conver- sations on Jesuit Higher Education carries several articles devoted to women in Jesuit Higher Education, exploring issues such as how women's issues fit into the goals of Jesuit education and how women and men can work together. Data about women as administrators and as students are also included. For further information, contact Rev. John W. Padberg, SJ, The In- stitute of Jesuit Sources, 3700 West Pine Boulevard, St. Louis 63108 Regina Barrcca has done it again. She's taken a topicthis time, marriageand written about it in a fresh and lively manner, with new insights and analy- sis. Perfect Husbands (& Other Fairy Tales): Demystifying Marriage, Men, and Romance draws on academic research, pop culture references, and first-person interviews to examine marriage. Barreca adds her own often hilarious stamp to the material. The book could he used as an enjoyable and enlight- ening text in courses dealing with women, men, marriage and the family. Published by Harmony Books, Crown Publish- ers, Perfect Husbands costs $20.00. Barrcca also wrote They Used to Call Me Snow White...But Drifted: Women's Strategic Use of Humor. Gender-Responsible Leadership: Detecting Bias, Implementing Interventions, a wide-ranging book about gender bias, examines how stereotyped behav- iors skew group process, how all of us may unwittingly collude with one gender at the expense of the other, and how gender bias perpetuates the trivializing and depersonalization of women. Although the book fo- cuses on leadership, many of its comments and sugges- tions are especially applicable to faculty members, as \"leaders\" in the classroom. The 293-page hook, written by Catherine Herr Van Nostrand, also explores leadership styles. The second half of the book is devoted to numerous intervention strategies aimed at women and/or men that leaders can use to change group gender dynamics. The paperback edition costs $21.95 and is pub- lished by Sage Publications, 805-499-0721 4 1994 13 Another Way to Document Discrimination Although surveys are a useful way to document the status of women, they require a good deal of resources to develop, print, distribute, collect, tabulate, analyze, and report. And no matter what the methodology, some people will attack survey results, often because they are uncomfortable with the findings. Sometimes their comments can be defused by acknowledging that the survey is not a perfectly predictive or totally accurate instrument. But even if there are errors, the fact that survey results document some discrimination means that the institution must deal with the problem. For example, whether the \"true\" percentage of students experiencing sexual harassment from faculty and staff is 20 percent or 30 percent does not change the way the institution needs to respond. Another way to document discrimination is to listen to the voices of women themselves as they describe their experiences. In this approach, women are asked to describe their experiences; names and other identifying information are omit- ted. An entry might identify a \"professor\" making a particular statement, rather than \"a senior profes- sor in English literature.\" Responses are simply reported, without com- ment, other than a short introduction. They can provide a powerful statement of what some women experience on campus. Often when people learn of a discriminatory incident, they do not view it as part of a larger pattern but rather as an isolated example, often explained away by par- ticulars: \"Old Joe is really out of it, isn't he?\". In contrast, when 50 or more incidents are reported, the underlying pattern of discrimination can be more easily grasped. And since the experiences themselves are more powerful than a statistical summary, documentation of women's voices may have more impact than survey results. Women's voices can be recorded for particular issues: peer harassment, classroom experiences, sexual harassment, sexual assault, women's expe- riences as nontraditional students, experiences of women of color, women faculty members' experi- ences with peers, and staff women's experiences. Sometimes survey results and women's voices can be combined survey can include open- ended questions which will elicit examples that can be included with the report of the survey. Voices of women can be collected by student groups, commissions on the status of women, women's centers, student life personnel and oth- ers. Bernice Sandler, Editor It's easyand cost-effectiveto advertise in the About Women on Campus Job Line and Etcetera. Quarter page (3 1/2\" x 5\") $150 Half page (3 1/2\" x 9 1/2\" or 7\" x 5\") $200 Full page (7\" x 9 1/2\") $300 We can accept camera-ready display ads or set type from your copy. For more Information or to reserve ad space, call 202/659-9330 or 202/457-0946 or write: About Women on Campus 1325 18th Street NW, Suite 210 Washington 20036-6511 14 4 1994 Florida International University Department of Public Administration The Department of Public Administration is seeking candidates for two full-time tenure-track positions for Fall, 1994. Positions will be filled at the assistant or associate rank, depending on qualifications. Ap- plicants must hold the Ph.D. at the time of appoint- ment. Specialization is open though candidates with back- grounds in public finance and applied microeconomics, public budgeting, policy analysis, and non-profit management will be given prefer- ence. All candidates must be able to teach Master's level .quantitative and research methods course work. Associate level applicants should be willing to assume graduate coordinator or other administra- tive roles. The Department's teaching and research is multidisciplinary and melds traditional public admin- istration with policy-analytic approaches. Demon- strated skill in working with the users of applied research will be counted strongly. The Department operates within the School of Pub- lic Affairs and Services and offers a research-ori- ented Ph.D., the (rostered by since 1983 and reaccredited in 1990), and the BPA. Florida International University is part of the State University System of Florida, and joined the National Association of State Universities and Land-Grant Coll6ges in 1992 is an Affirmative Action/Equal Access/Equal Opportunity employer. Deadline for complete applications is February 3, 1994. Send a resume. three letters of references, transcripts, and a cover letter outlining research and teaching interests to: Dr. Howard A. Frank, Chair, Search and Screen, Department of Public Adminis- tration, Florida International University, North Miami Campus, North Miami 33181. (305) 940-5890 Computer Information Systems Department College of Business The Computer Information Systems Department in the College of Business at Colorado State University, established in 1972, invites applications and nominations for the pwition of Assistant Professor is a land grant, Carnegie Division Research University of 21,000 students located in scenic Fort Collins. Fort Collins is a community of 100,000 located approximately 60 miles north of Denver and offers a pleasant climate and abundant recreational opportunities. Numerous technology-driven companies such as Hewlett-Packard. Teledyne Water-Pik, Kodak, Anheuser Busch, and have plants in the area. The selected applicant should have an earned Ph.D. in an information systems discipline, teaching expel ience and interest, the ability to produce disciplinary-relevant publishable research, strong desire to pur- sue funded research, and knowledge of a sufficiently broad combination of leading edge business information technologies. Completed applica- tions consisting of transcripts, resume, letter of application, and three letters of recommendation must he received by February 1, 1994 and materials should be sent to: Dr. John Plotnicki. Chair, Computer Information Systems Department i 5 Clark Bldg., College of Busi- ness. Colorado State University, Fort Collins 80523. Colorado State linwersity is an affirmative action/equal opportunity empkrser and specifically filmes and encourages applications from women, nunorities, and persons iamb disabilities. Equal Opportunity Office, 21 Spruce Hall, Colorado State University. Fort Colitis 80523. .11=111111111 17 AN4LTTE \\ ur, 110111111.111011, .111,1 .11`1`1..Ill41 lilt. 1,,,IIi011 of l),..tn of tItc (.0'h:cc ot Ails The rcatt ot the l'oilet4t..41.11,,r.il Art.. is Ills slits.' ot att.1 icpott, to the Litt% (Isis% President The ic.in n 111.01sieil to ill ot theas,idenus rroer.ini its 11111 meta . es A.,' um, .1nd riolesstomd des eloisineta ult ; a urnsalan1 ds veloisatent .a1,1 .1e-hit:nue support ..111.1 ins!! act tot-1.d ors, iirsr des elopnetti His! Al., mum In .1.1,11flois. the I, 1.,.rks tsitlt u..leitts to Olt It 11 their Al 011'01'111111i IL,. t .t IsIseral ,111 Tolst'IN..1,4,11 slab e\\Istoil s oust 'motets., .1113 Is ins ui osei.111 dices t ion And man.le,einvitz ,.1 the 1'nner,m .1, .1 Illtillher ot Atimoton.ttt antit,ittes twist possess .111 c.aned 101.11e in .1 hiset.d dos white And It us, slot!' Is ma is. is 11111:: ssh-Lal \\ even:tits- Sows- .1Jan:11.4 r. miss opens Ilse ill .1 lulls r.d sollcgs- is desa aisle Ws veL s.111,11.1.11e isuh .1 . sion ior 1 011.111Q milt 1.10111 \\ WI11.11110 111....111% aclrsns r liberal Arts was ersa \\ And stit smt Ilber.11 .111- II1C sus es Ills IIIICC1.111011 ss.hoLirslap. And the 1.Lt, s. tenet edits .111, al at the .th.1 to 41\" 41,11.11 s ns. WilLitaeue 1..111kt !sit% ,k.1, it 4111.11AI ',42 .I111.1 11.1 1.411/ s, nunutmrtn I,. the hlvral .Iris tr.h.litton TIls .:11s. ism sonsists ot t Aces tut .mss, ills Atkinson( hada.as Ss11,..1 ot Ntatot...cmeta. .1 t. 41ees.1 ihei.11 Arts 55 1111 (5..\\:` anderer 1,1a.acs ad M.Ists r .4 Art I-C.1,11111U `111,1C111` Time t tirn ine Anil sus i.es-sul, nsli t and 1111t1.11, 0111.1R 11 molt Ti,, rosa ton sell ho is .aLdsls entnale am I. 10114 `ss is, 11111c .4 int n ill hs tin n,n.us l',04..11,1 ill, s, ns 11 ,t h al.aa op, 11 ma ill, position is 01,1 ITII\"'\"' M11,1 Ms 1\"`i it\" UM.\" It11111C-111.1 till ones, .1.1.1t,,,..11`,1 Is Itill..11t 11111111'cl, .4 tiller t,. (rural .4 tilt. l'It...1.1r111. \\ \\lll.nns tic 11 lawn, Ire ru,, 1,11\\ I. .111 .1101 t tpl..1 11014s ,111.1,A,1 on ,111.1 /111/1..r1f1, 40.11 .11 11,01.14 Invites you to consider the following administrative openings Send nominations and inquiries to: Dr. Karen Alvarado Director, Affirmative Action California State University 1250 Bellflower Boulevard Long Beach 90840-0115 FAX: (310) 985-1680 California State University, Long Beach, in com- pliance with the Civil Rights Act of 1964 (Title and Title VII), Title of the Education Amend- ments of 1972. the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and the Ameri- cans with Disabilities Act of 1990, does not dis- criminate on the basis of race, color, national origin, ethnicity, religion. sex, handicap. or age in any of its policies. procedures, or practices: nor does discriminate on the basis of marital status or sexual orientation. This nondiscrimina- tion policy covers all programs and activi- ties, including employment. In addition to meeting fully its obligations of nondiscrimination under federal and state law is committed to creating a community In which a diverse population can live, and work, in an atmosphere of tolerance, civility, and respect for the rights and sensibilities of each individual, without regard to economic status, ethnic background, political views, sexual orientation, or other personal character- istics or beliefs. It Icy 71 ff9# t 4;7 r7:1 ce0 California State Polytechnic University. Pomona. invites applications and nominations for the position of Special Assistant to the President for Aftlimative Action and Diversity. Cal Poly Pomona. a public university founded in 1938. is noted for its scenic and histonc 1.4181-acre campus. once the winter ranch of cereal magnate W. K. Kellogg. The campus is located 25 miles east of downtown Los Angeles in the Inland Valley. one of the fastest growing regions in the country. Cal Poly Pomonas 19010(14,600 and 587.- ethnic minorities) students ale enrolled in 55 baccalaureate and 16 master's degree programs with approximately 9(10 full-time and par-time faculty. The university is committed to diversifying its faculty and staff, and has made educational equity one of its highest priorities. Under the general supervision of the President. the Special Assistant to the President for Affirmative Action and Diversity will serve as an advisor to the President regarding issues that support the mission of the university, with focus on affirmative action and diversity. The incumbent will serve as a member of the President's Cabinet and fulfill a wide variety of complex and highly sensitive executive and administrative duties. The incumbent will meet with directors of programs involved in multicultural activities to review and provide policy reco.nmendations to the Cabinet and to the President regarding such programs. The Special Assistant to the President for Affirmative Action and Diversity will provide the President with policy advice and direction for affirmative action. In this regard, the Special Assistant wilt provide leadership in the university's efforts to continue, create. implement, and evaluate activities and programs designed to recruit, hire. retain and provide upward mobility to all underrepresented groups and individuals. The incumbent is responsible for developing and overseeing an effective and proactive affirmative action plan for students, staff, and faculty. and is expected to monitor Cal Poly Pomona's compliance programs in response to system.wide.state.and federal regulations. In addition. the Special Assistant will coordinate the affirmative action activities of representatives from each divisional unit (Academic Affairs. Administrative Affairs. Student Affairs, and University Advance- ment). The Special Assistant will provide leadership for the university regarding multicultural matters by assisting in the coordination of multicultural activities among university divisions. The incumbent will lead efforts to help create and promote a campus environment where equality, fairness, and tolerance become an integral part of the university's academic. administrative. and social structure. The Special Assistant will assist and advise the President in developing and maintaining contact with the local community on issues that relate to diversity and multicultura: affairs. This effort will include contacts with legislators, business repiesentatives, school officials and other community leaders. The ideal candidate will have a master's degree. with a Ph.D. or J.D. desirable: demonstrated leadership in policy- making related to affirmative action and multicultural affairs: demonstrated experience working with underrepresented groups: demonstrated knowledge of affirmative action/equal employment laws, policies and regulations: knowledge of and sensitivity to individuals from different cultural backgrounds: demonstrated ability to develop. plan and implement an overall affirmative with: program within the framework of the special demands of higher education: evidence of understanding. sensitivity. and ability to address the needs of individuals protected by affirmative action guidelines. including but not limited to women and individuals from different cultural backgrounds: and ability to build upon existing guidelines to meet the changing needs of underrepresented groups more et fectively. The university necks to fill the position by March I, 1994. but is w dling to negotiate a later date as appropriate. Starting salary will be competitive and commensurate with qualifications and experience. The position includes a broad, attractive benefits package. Letters of application 01 nomination should accompany resumes and be sent to: Special Assistant to the President Search Committee C/0 Dr. Bob H. Suruki. President California State Polytechnic Unisersity. Pomona Igo] West Temple Avenue Pomona. Cali Emma 9 i 7684020 Nominees lOr the position will he invited to apply. All candidates must submit a complete formal application, which will consist of the follow mg. (al a letter of interest, including a statement of how the candidate satisfies the position listed al,ove. (b) a current cumculum vitae: (el the names. titles. addresses and telephone numbers of five colleagues who can provide current assessments of the candidate's qualifications for the position. Finalists for the position should he prepared to provide three letters of reference upon request. Review of completed applications will begin on December 15. 199 t. and will continue until the position is filled Calilorma State Polytechnic University. Pomona is an Equal Opportunity. Al lirmatise Action Employer. Women and minorities are strongly encoui aged to apply The unisersity hires only int.!, duals lawfully authoriced to work in the United States Tenure-Track Openings for 1994-95. College of the Arts Associate Dean of the College Art (Art Education) Design (Industrial Design) Music (Music Education) College of Business Administration Accountancy Information Systems (Telecommunications) Management /Human Resources Management (Strategy/International Management) College of Education Educational Psychology & Administration (Educational Administration) Teacher Education (Elementary Methods) College of Engineering Engineering & Industrial Technology (Quality Engineering Technology) Civil Engineering (Environmental Engineering) College of Health & Human Services Communicative Disorders (Audiology) Criminal Justice (Criminology Theory, Ethics, Juvenile Delinquency and/or Statistics) Health Science (Health Education) Home Economics (Department Chair) Home Economics (Textiles, Clothing & Fashion) Physical Education (Pedagogy) Public Policy & Administration (Administrative Management) Occupational Studies College of liberal Arts American Indian Studies Anthropology (Applied Urban Anthropology) Asian/AsionAmerican Studies (Japanese) History (California History/Borderlands/Mexico) Intensive Learning Experience (Writing Skills Coordinator) Intensive Learning Experience (Writing Skills & Black Studies) Political Science (Feminist Theory) Romance, German & Russian languages & literatures (Applied Spanish linguistics) College of Natural Sciences & Mathematics Deon of the College \":ological Sciences (Bacteriology) Biological Sciences (Molecular Genetics) Science Education All positions open until filled. Contact departments for detailed information. CSULB, 1250 Bellflower Blvd , long Beach 90840, (310) 9854111 In addition to meeting fully Its obligations of nondiscrimination under federal and state law Is committed to creating a community in which a divers* population can live, and work, in an atmosphere of tolerance, civility, and respect for the rights and sensibilities of each individual, without regard to economic status, ethnic background, political views, sexual orientation, or other personal characteristics or beliefs Dean of Student Affairs Formally established in July 1, 1989 San Marcos is the twentieth and newest campus of the California State University system. The University accepted its first class of upper- division and post baccalaureate students in fall, 1990, and will accept lower-division students in1995. There are presently 2500 students and 85 faculty with a growth target of 25,000 students in 2025. Reporting to the Vice President for Academic Affairs, the Dean manages and directs units which include counseling and psychological services, disabled student services, career services, financial aid, educational equity (educational opportunity program, student affirmative action, upward bound, and student support services), student health, student activities, student governance, alumni services, re-entry services, testing services, commuter services, student discipline, student/faculty relations, and child care. Candidates should possess an earned doctorate from an accredited institution, either in higher education/student personnel administration (or related area) or a doctorate supplemented by significant experience in the Student Affairs area. Candidates without doctorates may apply but must have completed the degree before assuming the deanship. Other qualifications: a minimum of five years of demonstrated successful increasing responsibility in the programs of Student Affairs; a comprehensive vision of Student Affairs as an integrated part of the University; leadership ability in developing and maintaining effective collaborative working relations with students, faculty, staff, administrators and the community; commitment to and success in issues of educational equity, diversity and multiculturalism; demonstrated commitment to the development of services and programs typically supportive of students' personal, intellectual, and social growth in a dynamic public university and an understanding of how these growth areas interact; evidence of successful experience in the management of complex budgets, long-range planning, and policy development including problem solving and proficiency in organizing and managing complex functions; effective interpersonal and communication skills; awareness of the special needs of and a demonstrated commitment to providing services and programs to a non-traditional age, non-residential student population with a diverse cultural background; understanding of legal issues in Student Affairs. Applicants should send a letter of interest, a complete curriculum vitae, and names, addresses, telephone and fax numbers of three professional references to: do Human Resources, Chair, Search Committee, Dean of Student Affairs, California State University, San Marcos, San Marcos 92096-0001. To assure full consideration, materials should be received by December 10, 1993. Search will continue until the position is filled. CSUSIvl is an Affirmative Action/Equal Opportunity Employer. The University has a strong commitment to the principles of diversity and, in that spirit, seeks a broad spectrum of candidates including women, minority groups, and people with disabilities. 19 v College of Liberal Arts Oregon State University Oregon State linocrsus mutes applications and nominations for the position of Dean of the ()liege of dseral Arts. The Dean The Dean is responsible for maintaining and enhancing the qua lit} of the College, %kith LACCUtIle responsibility for college-loll strategic planning, for fiscal and personnel management and des elopment, and for ads:nu:mg, the arts, the humanities, and the social sciences. The College Central to the mission of Oregon State Unkersits, the College of Itberal Arts boasts a tradition Of excellence in undergraduate education, along with new initiatives in graduate and international education and ex:ended education. With 200 faculty members in twelve departments and in related interdisciplinary degree and certificate programs, the College enrolls 2600 motors and produces one-third of the university's student credit hours. The University Oregon State University, a comprehensive Carnegie research institution, is Oregon's land-, sea-, and space-grant university. The institution's colleges enroll approximately 1 5,0110 students, of whom 85\"() are undergraduate students and I% are international students. The Community Oregon State finis ersas is located in the heart of the 5.Villamette Valles, one hour's drive east from the Pacific Ocean, and two hours from the crest of the Cascade Slountains community of about 45,000 people. Corvallk is a university town with a high quality of life, home to branches of high-tech companies such as lewlett-Packard and CH2S1 Hill. The community takes pride in its public schools, recently rated among the best m the Pacific Northwest. Qualifications .1-h, College seeks candidates with a doctorate Of other appropriate terminal degree in a field relevant to the C()Ikge of Liberal Arts, and distinction in teaching and scholarship consistent with the eN pCCta t lOnS of the rink of Professor in the College. Candidates should he able to demonstrate a successful record of administrative experience; a strong record ot or demonstrated commitment to ads ancmg, cultural (11%o-sits and equity; and should be support e of mterdisciplmars programs, international programs, limos .ffise teal hing and scholarship / creatise endeavors. (:andidates should hose a denyinstrated ability to build consensus and to work tollegiall. Salary will be competitive. Applications and Nominations Scud a letter of interest that details quolitikot ions for the position and a komplett. resume Its March 4, 1994. Additional information as adablc upon request. Please submit materials to: Kathleen Moore. ( hair ( .\\ Dean Search Committee k ru Philosophs )epartment Oregon 'state thilsersit% ( ors all's 9-; 31 1902 Telephone: 15011 -1- 25-1 ox: 15011-1-.5648 ( /reg.,/ %late .metsity h 4.117 1%11 Gil ,polrtumtv etlitth.ver dna spiv (Pi Ail invites anii i n, iturages applications /runt dttil IIIIIItrlf ICS, and h,u ,i fkilft if bong rstmtrtre 1,) the rieed.s tit areer i ()tildes The Paul H. Nitze School of Advanced International Studies, a graduate school division of The Johns Hopkins University in Washington, D.C., invites applications for a junior, non-tenured teaching position in Middle Eastern Studies, to commence in July of 1994. The appointment is for three years and is renewable. Position requires broad interests in comparative politics, international relations and modern history of the region. Preference will be given to applicants with a Ph.D., teaching experience and publications and who have a command of one or more of the region's languages letter of application, a curriculum vitae, three let- ters of recommendation, and samples of publica- tions should be sent to: Mr. Gerald W. Stover, Director of Human Resources, SAIS, 1740 Massachusetts Avenue, N.W., Washington 20036 and the Johns Hopkins University is an Affirmative Action/Equal Opportunity Employer and Educator and encour- ages applications from people of color and women. Statement of Ownership, Management and Circulation 1 About Women on Clutitnis (007 -913) 2. Dale of Filing: October II, 1993 3. Frequency: Four times a year 4. Office of publication: 1325 18th St. NW, Suite 210, 1Vashingion 20036-6511 5. General office of publisher: 1325 18th St NW, Suite 210. Washington 20036 6511 6 Project Director: Dr Patricia A. Tarrant, American College Testing O. Box 168, Iowa City, Iowa 52243 Editor: Dr. Bernice Sandler, Center for Women Policy Studies, 2000 I' St. NW,508, Washington 20036 Business Manager: Dr. Patricia Rueckel, National Association for Women in Education 1325 18th St. NW. Suite 210, Washington 20016-6511 Owner: National Association for Women in Education, 1325 18th St NW, Suite 210, Washington 20036.6511 8. Known bondholder, mortgages, and other security holders owning or holding one percent or more of total amount of bonds, mortgages,or tither securities: None o The purpose, function, and nonprofit status of this organization has not changed during the preceding 12 months. 10 Extent and nature of circulation (.1 Average no. during preceding 12 months total ((pies printed 3,35(1 hlail subscriptions 2,800 Iotal paid circulation 2.80() liter distribution (samples) 100 Total distribution 2,400 Copies not distributed 450 Total 3,350 Actual no. of single Issues published nearest to filing date 3,500 2,991 2,991 100 3,091 409 3,518 certify that the statements made by me above are correct and complete. Patricia Rueckel, Business Manager 2 0 Uniersitv of Alberta Edmonton President The University of Alberta invites applications from, and nominations of, qualified men and women for the position of President and Vice Chancellor. The position will become available on July 1st, 1994. Founded in 1908, the University of Alberta is one of the largest in Canada with a 1993-94 full-time enrolment of 22,800 undergraduate and 3,300 graduate students. There are 3,100 undergraduate and 1,300 graduate part-time students. It employs 3,000 full- and part-time academic and 4,000 non- academic staff in17 faculties. The University of Alberta is recognized as a centre of excellence in Canadian higher education with strong teaching and research programs at the undergraduate, graduate, and professional levels. In 1992/93 it had an operating budget of $395 million, a capital budget of $23.7 million and received $81.5 million in sponsored and contract research. The President is the chief executive officer of the University, a member of its Board of Governors, the Chair of General Faculties Council, Chair of Dean's Council and a member of The Senate. Accountable to the Board, the President directs the operation of the University's academic and business affairs. The appointee will have a respected record of academic and administrative achievements and will possess strong skills in government and external relations. Applications or nominations with curriculum vitae should be sent by March 31, 1994, to: Mr. P.A. Robison Secretary, Presidential Search Committee Room 3-31, University Hall University of Alberta Edmonton, Alberta T6G 2J9 The University of Alberta is committed to the principle of equity in employment. The University encourages applications front aboriginal persons, disabled persons, members of visible minorities and women 3 11 The sixteen articles in this special two-part focus of Initiatives, the award-winning journal of the National Association for Women in Education (NAWE), explore what we can do to increase the numbers of girls and women who take courses in math and science and consider and enter careers requiring skills in these areas. They provide a useful overview of the current situation, details about successful initiatives and programs, models for replication, strategies for recruitment and retention, pyschological and sociological perspectives, and suggestions about what remains to be done to help assure access and equity for girls and women. Published in 1993 Two issue set: $26.00 (postage included) All orders must be prepaid. Order from at the address on outside back cover. 21 am concerned about women on campus and want to enter my subscription to About Women on Campus. 111 : Special introductory subscription rates: Individual 1 year (four issues) $20 Institution 1 year (four issues) $28 2 years (eight issues) $35 2 years (eight issues) $50 Foreign subscriptions: Please add $7.00 per subscription to cover additional postage. Discounts are available for bulk subscriptions mailed to a single institutional address. Call 202-659-9330 202-457-0946) for details. Name Title Institution Address City/State/bp Send subscription form and check or institutional purchase order made payable to to: About Women on Campus, 1325 18th Street NW, Suite 210, Washington 20036-6511 wwwwemeweemee want to know more about the National Association for Women in Education, one of the nation's oldest national professional education associations. Send information about membership to the address have provided above. National Association for Women in Education Suite 210, 1325 18th Street Washington 20036-6511 Second Class Postage Paid at Washington 0 math professor at the Uni- versity of-New Brunswick wrote an article in the student newspaper about date rape and promiscuity. Martin Yaqzan stated, \"If a pro- miscuous girl becomes a victim of an unwanted sexual experience, it would be more reasonable for her to demand some monetary com- pensation for her inconvenience or discomfort, rather than express moral outrage, or try to arouse emotional response in others of the kind that the word 'rape' evoked in yesteryears.\" And, \"For those [young males] entering a univer- sity, the coed residences...do not provide an opportunity for sexual gratification...and therefore the rea- son and the need for the so-called `date-rape.\" PE.* The article was denounced by students and faculty, and Yaqzan was suspended with pay, pending a review of his professional duties. President Robin Armstrong stated that, \"Free speech does not equal irresponsible speech. Professor Yaqzan has abused his position by excusing and encouraging behavior that is not only unacceptable by the standards of human decency but also subject to criminal charges un- der the laws of Canada.\" The case raises the issue of aca- demic freedom and what limits, if any, can be imposed. Working in Academe and Elsewhere 1 Sexual Harassment 4 Around the Campus 7 Women In Athletics a Campus Violence 9 Resources 10 12 About 14 The Iowa Board of Regents enacted a new policy requiring fac- ulty members and officials at the University of Iowa, Iowa State Uni- versity, and the University of Northern Iowa to inform students before showing sexually explicit materials in the classroom. The policy was prompted by two sepa- rate incidents. The first occurred in 1991 when students, parents, and alumni com- plained about a German film shown in a German class at the University of Iowa. The film, \"Taxi Zum Klo\" (\"Taxi to the Bathroom\"), was pre- sented to the class as a landmark in gay filmmaking. The president of the university subsequently issued a public apology. The second incident occurred in February 1992, when a teaching assistant in the art department at the University of Iowa showed a video by local artists which contained o 23 three scenes, totaling about 15 sec- onds, of men engaging in oral sex. The Regents subsequently en- acted a policy requiring each of the three institutions to develop poli- cies to warn students about sexually graphic materials in coursework, stating that the policy was nothing more than a courtesy to students and that the issue never was about whether or not such movies can be shown. Some faculty claimed the new policies are censorship and re- flect homophobia As a result of a tenure dis- crimination lawsuit initiated in 1989 against the University of Cali- fornia at Berkeley, a number of men and women developed a sup- port committee for Jenny Harrison, who had been denied tenure in the department of mathematics in 1986. The Support Committee for Jenny Harrison, who finally won her case and received tenure in 1993, waged a vigorous public and legal campaign. The last issue of the committee's newsletter describes how the support committee was or- ganized, conducted activities, and raised money. For information about how to set up such a commit- tee, contact Charity Hirsch at 510- 526 -8953 or Patricia St. Lawrence at 510-254-8192 BATHROOMS? Apparently yes federal court has ruled that a school can restrict male janitors from cleaning bathrooms in women's dormito- ries. Joseph Hernandez, a janitor at the College of St. Thomas (MN), charged discrimination when he was barred from cleaning the bath- rooms in the women's dormitory. The judge noted that the privacy rights of the students took prece- dence over Hernandez's right to clean the bathrooms, noting that he did not lose any money by not being allowed to do so. Title of the Civil Rights Act, which prohibits discrimination in Women's Issues Project National Association for Women in Education Suite 210, 132518th Street Washington 20036-6511 Project Director: Patricia A. Farrant Editor: Bernice Resnick Sandler Business Manager: Patricia Rueckel The Women's Issues Project of the National Associa- tion for Women in Education publishes the quarterly newsletter About Women on Campus in cooperation with the Center for Women Policy Studies to provide information about programs, issues, and concerns of women students, faculty, and administrators. Asso- ciation members receive About Women on Campus as part of their $65 membership fee. Individual sub- scriptions are $20 for one year and $35 for two years. Institutional subscriptions are $28 for one year and $50 for two years. ISSN: 1061 768X Application to mail 2nd class postage rate pending at Washington. DC. Postmaster: Send address change to About Women on Campus, 1325 18th Street NW, Suite 210, Washington 20036-6511. Volume 3, Number 2, Spring 1994 \u00a91994 by the National Association for Women in Education The National Association forWomen in Education is an independent nonprofit professional organization dedicated to the education and professional and personal development of women and girls. An impor- tant force in American education for more than 75 years. the Association is at a crossroads, serving new populations, expanding its services, and developing new and innovative programs to meet the ever- changing needs of women in education. The National Association for Women in Education does not discriminate on the basis of race, color, national origin, religion, sex, ag e. affectional or sexual orientation, or disability in any of its policies, proce- dures, programs, or practices. Published with support from the Marriott Corpora- tion, Education Services. employment on the basis of race, color, national origin, religion, and sex, allows such bona fide exemp- tions based on sex An increasing number of uni- versities and colleges are now offer- ing health insurance and benefits to domestic partners of lesbian and gay faculty members and staff. The pres- sure to do so is fueled by the need to attract and retain top-notch faculty and to comply with campus nondis- criminatory policies which some- times prohibit discrimination on the basis of sexual orientation. Among the institutions offering domestic partner benefits are Harvard University, Columbia Uni- versity, Brown University, Georgia State University, Grinnell College, North Dakota State University, New York University Law School, Occi- dental College, Stanford University, the University of Chicago, the Uni- versity of Michigan, and the Univer- sity of Wisconsin at Madison .ach institution has different eli- gibility criteria, and type of benefits extended to domestic partners varies. For example, Harvard covers same- sex couples but not heterosexual couples. Couples must register their partnerships formally in Cambridge or another city where registration is legal and sign a document affirming their mutual financial commitment. Five gay and lesbian employees are suing Rutgers University to ob- tain health benefits for same-sex couples 0 1994 STANFORD? Compared to the twenty top- ranked universities with which it compares itself, Stanford is third from the bottom in percentage of women faculty and fifth from the bottom in percentage of full professors who are women. The two schools with lower percentages of women faculty are technical schoolsMassachusetts Institute of Technolor and Califor- nia Institute of Technology. So states a report from the Provost's Committee on the Recruit- ment and Retention of Women Fac- ulty at Stanford University, which used institutional data as well as information obtained from focus groups of junior and senior male and female faculty, questionnaires, tele- phone interviews, and post-exit inter- views of faculty members no longer at the institution. The report identifies numerous issues, such as the absence of a culture of support including mentoring; the review process and sexual harass- ment; salary setting and appeals pro- cess; summer support; and combin- ing academic careers with family life. Sixteen specific recommendations are included. The report could be used as a model by institutions examining these issues or developing a similar report. For information, contact the Office of the Provost, Stanford Uni- versity, Stanford 94305-1684 Because female scientists are twice as likely as men to leave indus new compendium of ar- ticles on feminist pedagogy appears in the Fall/Winter 1993 issue of the Women's Studies Quarterly. \"Feminist Pedagogy: An Update\" con- tains some twenty-seven ar- ticles dealing with theoretical perspectives, teaching strate- gies and approaches, curricu- lum transformation, and issues concerning Black women, anti-semitism, older women, and lesbians thirteen-page bibliography and an eight- page bibliography on women of color in early America are also included. For informa- tion, write the Feminist Press, City University of New York, 311 East 94 Street, New York 10128. try for academic or government work, colleges and universities might look to industry to recruit women report issued by the National Re- search Council in January 1994 notes that industry is not very hospitable to women: women doctorates earn 88 percent of the median male salary, there are few accommodations for women with children, and an \"old boy\" system controls information about job openings. Women Scientists and Engineers Employed in Industry is available from the National Academy Press, 2101 Constitution Avenue NW, Box 285, Washington 20055. The 144-page report costs $29.00 plus $4.00 for shipping and handling More than 200 women as- tronomers issued an equal rights proclamation calling on astronomy departments to dismantle barriers and change working conditions that hinder women s advancement. The June 1993 charter has been en- dorsed by the Association of Uni- versities for Research in As- tronomy, which includes 22 univer- sities that operate observatories. Additional endorsements are being sought from the American Astro- nomical Society, the National Sci- ence Foundation, and the National Aeronautics and Space Administra- tion (NASA). For a copy of the Baltimore Charter (named for the c, yin which it was drafted), write the Space Telescope Institute, 3700 San Mar- tin Drive, Baltimore 21218 The Equal Employment Opportunity Commission (EEOC) has found thit the psychiatry de- partment of U-Cal at San Francisco discriminated against women as a class in hiring, promotion, and ca- reer advancement. The department had reduced the salary of faculty member Lynn Ponton and later ter- minated her appointment when it abolished her position as director of adolescent inpatient psychiatry. Ponton is seeking reinstatement and back pay. rABOUT 1994 3 25 S:l The fund-raising foundation at Florida State University, the univer- sity itself, and several key adminis- trators are being sued by a former top official of the fund. Loretta Patterson charged that the foundation's board of directors denied her the position of interim director of the foundation and that former president of Dale W. Lick told her, \"To be brutally honest, Loretta, there are members of the board who would really be uncom- fortable with a woman as president.\" Lick denies the allegations, as do the university and the foundation Anita Hill, whose charges of sexual harassment against Clarence Thomas echoed across the country in 1991, has not forgotten those who supported her. She is planning to specifically honor a number of them by donating royalties from two books she is planning to write to colleges and organizations with ties to her supporters. Some of the money will go to her own institution, the University of Oklahoma Law School, to support the Anita Faye Hill Professorship, which was created by others to honor her. The donation itself will honor a professor and former dean. Other donations would go to the law schools at Harvard, Yale, and Georgetown and to Spelman College, the latter to honor its president, Johnnetta Cole. Two churches and two organizations will also receive money When the Massachusetts Insti- tute of Technology distributed a 69- page booklet called \"Dealing with Harassment at MIT,\" about 20 seniors gathered and burned their copies in the university courtyard. The booklet recommends that people \"who are offended by matters of speech or ex- pression should consider speaking up promptly and in a civil fashion\" and that \"people who learn they have of- fended others should consider stop- ping and apologizing first-year male student at Swarthmore who was found to have \"intimidated\" a female student was told that he would be suspended un- less he enrolled elsewhere for spring semester and attended counseling sessions, after which he would be allowed to return to Swarthmore. Swarthmore agreed to pay for coun- seling and for tuition, books, and transportation while the student spent the spring semester at Columbia Uni- versity. The plan fell apart when the \"punishment\" became public and Columbia reneged on its acceptance of Ewart Yearwood. Boston Univer- sity subsequently agreed to admit him. Yearwood had .zen accused of entering the woman's room without her permission and of making \"vul- gar verbal threats,\" harassing phone calls, and persistent unwelcome re- quests for dates; abusive language; and making menacing gestures. He claimed he just wanted to date the female student and that she was flir- tatious with him. The student, Alexis Clinansmith, denied his contentions and had complained to Swarthmore officials that he was stalking her, telephoning her repeatedly, and mak- ing vulgar threats. Yearwood also violated a college order that he stay 40 feet away from Clinansmith. Although a 13-hour hearing deadlocked on whether his behavior constituted sexual harassment, Yearwood was charged with intimi- dation and the disciplinary commit- tee voted to suspend him. After Yearwood threatened to sue, Swarthmore's president made the offer to pay for the tuition, books, transportation, and counseling. Yearwood had been expelled earlier from a prep school because of sexual harassment. Yearwood, who is Hispanic, was quoted in the Washington Post as believing that \"socioeconomic dif- ferences\" between him and Clinan- smith cai ised some of their problems. Yearwood had a $20,000 aca- demic scholarship at Swarthmore. Although it is common for schools to suspend students for a period of time and to require them to undergo coun- seling as a disciplinary measure for violations of student codes, it is un- usual for an institution to pay the costs of he student's attending an- other institution. 4 0 1994 Important Events in the History of Sexual Harassment in Education Compiled by Bernice R. Sandier 1964 Title of the Civil Rights Act is enacted, prohibiting discrimination in employment on the basis of race, color, national origin, religion and sex. Educa- tional institutions are largely excluded from its coverage. 1968 The term \"sexism\" is originated by Margaret Feldman in Ithaca, NY, and is used publicly for the first time in the title of a panel at a 1969 conference at Cornell University. 1972 Title of the Civil Rights Act of 1964 is amended to include prohibition of discrimination against employees in educational institutions. 1972 Title of the Education Amend- ments of 1972 is enacted to prohibit discrimination on the basis of sex in federally assisted education programs. 1973 Possibly the first article examining negative aspects of campus teacher/stu- dent sex appears in the San Francisco State University student newspaper, Phoenix. 1974-75 The term \"sexual harassment\" is first used by Lin Farley and others at Cornell University. Mid-1970s The first workplace cases wend their way through the courts, which are asked to decide if sexual ha- rassment is indeed sex discrimination. These cases typically focus on a woman whose supervisor pressures her for un- wanted sexual activity. The courts ini- tially do not consider sexual harassment as sex discrimination. 1976 First federal case decided in which a court agrees that sexual harassment in the workplace is a form of illegal dis- crimination (Williams v Saxbe). Mid-1970s Faculty harassment of col- lege students begins to emerge ac an issue. 1977 Playgirl publishes \"The College Couch,\" an article about faculty/student romantic affairs and, although it ac- knowledges there might be some dam- age to students, lists ten \"tips\" to help students attract a professor's sexual at- tentions. 1977 First charges of sexual harassment against an educational institution are filed under Title when Yale Univer- sity is sued by five students charging sexual harassment. See 1980, Alexander v Yale. 1977 Donna Benson, a social science ma- jor at the University of California at Berkeley, distributes what may be the first questionnaire on college sexual ha- rassment. 1977 An associate professor of philoso- phy at San Diego State University is fired after five students accuse him of embracing, fondling, and proposition- ing them. This may be the first dismissal (or the first publicized dismissal) con- cerning sexual harassment and a tenured faculty member. 1979 The first report on campus sexual harassment of students is published by Bernice R. Sandler at the Project on the Status and Education of Women.' 1979 The first guide for elementary and secondary school personnel on student- to-student harassment is published by the Massachusetts Department of Edu- cation.2 1979 Surveys on sexual harassment begin to be conducted on a few campuses. 1979 Supreme Court decides in Can- non v University of Chicago that indi- viduals have a right to sue under Title even though the statute did not explicitly provide for such action. 1980 Though dismissed, Alexander v Yale, the first Title sexual harass- ment case, establishes that Title pro- hibits sexual harassment. 1980 First federal report on college stu- dent harassment by faculty is published by the National Advisory Council on Women's Educational Programs' 1980 The Equal Employment Oppor- tunity Commission (EEOC) issues sexual harassment guidelines for em- ployers -.grid defines two types of hat ass- ment quid pro quo and hostile environ- nt. 1980.81 First study on peer sexual harass- ment in high schools' Early 1980s College campus studies of faculty harassment of students are in- creasingly being conducted. One of the first is at the Massachusetts Institute of Technology.5 1983 The National Association for Women in Education (NAWE) pub- lishes the first special issue of a journal devoted to sexual harassment on cam- pus .\u00b0 1984 Office for Civil Rights of the Department of Education issues policy statement (but no guidelines) acknowl- edging that Title prohibits sexual harassment of students.' 1984 First book on sexual harassment is published .8 1984 Harvard University becomes the first higher education institution to con- demn consensual relationships between students and faculty. 1985 One of the earliest, if not the first, guides for teenagers concerning sexual harassment is published? 1986 The Supreme Court confirms unanimously that sexual harassment violates employment discrimination law and confirms earlier guide- lines by defining two types of harass- ment: quid pro quo (threats or bribes for unwanted sexual activity) and hostile environment in Meritor Savings Bank v Vinson, holding an environment can be so hostile that it interferes with a person's ability to work. Coworkers as well as supervisors can be responsible for a hostile environment. 1986 First thesis dealing with student ha- rassment is published.'\u00b0 1986 The Third Circuit Court affirms a lower court decision, Moire v Temple University School of Medicine, which acknowledges, even though the plaintiff lost, that a student could make a claim of sexual harassment under Title based on an abusive environment. 1988 The first national report document- ing college student-to-student peer ha- rassment, particularly male student ha- rassment of female students, is pub- lished.\" 1989 Minnesota passes the first law re- quiring every school in the state to de- velop and post a policy on sexual harass- ment, including consequences for vio- lating the policy 46 1994 5 27 1989 In Stoneking v Bradford Area School District, a circuit court rules that a high school girl may sue the district, school principal, and assistant principal for failing to prevent or stop sexual assaults by her band teacher. The stu- dent alleged that the administrators knew about previous accusations of sexual abuse by the band teacher and other faculty but failed to take any ac- tions to protect students. 1990 issues additional guidelines on sexual harassment of employers in light of Meritor v Vinson. 1991 circuit court rules in Ellison v Brady that it is what a \"reasonable woman\" thinks about sexual harass- ment rather than what a \"reasonable man\" thinks about it. 1990s The newest arena of sexual harass- ment is that of student-to-student ha- rassment (particularly male-to-female harassment) in the nation's colleges and elementary and secondary schools. 1991 The Civil Rights Act of 1991 is enacted, allowing employees to re- cover damages from an employer. 1991 The Minnesota Human Rights Commission approves a settlement of $15,000 between the Duluth School District and the family of a girl about whom vulgar graffiti had been written on the wall of the boys' bathroom. This may be the first case in which monetary damages are awarded to a student in a hostile environment case involving other students. The school had not re- moved from the boys' bathroom in- creasingly sexually offensive graffiti despite 16 requests from Katie Lyle and her parents. The school agreed to post its sexual harassment policy, to inform every student annually about the policy, and to check bathrooms daily and re- move any graffiti promptly. 1991 In Robinson v Jacksonville Ship- yard, Inc. the court rules that posting pornographic materials at work consti- tutes sexual harassment and creates a hostile environment. 1991 The Hill-Thomas hearings legiti- mize sexual harassment as an issue and educate the nation to its effect. 1992 The Supreme Court rules unani- mously in Franklin v Gwinnett County Schools that students who experience discrimination, including harassment, can seek monetary damages from their schools and school officials under Title IX. 1992 Petaluma, CA, high school agrees to pay $20,000 to a female student who was harassed by other students. Tawnya Brawdy was almost daily teased about her breasts. About twenty to thirty boys would follow her, calling her a cow and shouting \"moo, moo.\" 1993 Minnesota teenager is awarded $40,000 from the Chaska School Dis- trict. Her name was on a list circulated by male students that contained the names of 25 girls and lewd descriptions of them. The school discouraged dis- cussion about the list. 1993 The Office for Civil Rights at the Department of Education rules that an Eden Prairie, MN, school district vio- lated Title when it allowed a hostile environment to ce Anne on a school bus first-graae girl filed charges when kindergarten to fourth-grade boys made lewd and intimidating statements to girls. 1993 federal district court in California confirms that Title covers a hostile environment for students in a case in- volving a teacher who had been accused of molesting two students while he lived with their mother (Patricia H. v Berkeley Unified School District). 1993 In another case in the same district court mentioned in the previous entry, the court finds that student-to-student harassment can constitute a hostile en- vironment under Title (Jane Doe v Petaluma City School District). 1993 The Supreme Court rules unani- mously that a person who claims sexual harassment in the workplace need not prove that she (or he) was psychologi- cally damaged or unable to do her job because of sexual harassment (Harris v Forklift Systems). 1993 The first national study of sexual harassment in the nation's schools is published by the American Association of University Women.0 number of important events in the history of sex discrimination in general and sexual harassment in noneducational areas have been omitted from this chronology. 'Sandler, B. R., \"Sexual Harassment Hidden Issue,\" Project on the Status and Education of Women, Association of American Colleges, 1978. Available from the Center for Women Policy Studies, Washington, DC. 2\"Who's Hurt and Who's Liable: Sexual Harassment in Massachusetts Schools,\" Massachusetts Department of Education, Quincy. In 1986, the fourth edition was published. F., \"Sexual Harassment Report on the Sexual Harassment of Students,\" Washington, DC, National Advisory Council on Women's Educational Programs, 1980. `Conducted by Nan Stein for the Massachusetts Department of Educati with assistance from the Alliance Against Sexual Coercion. \"Barriers to Equality in Academia: Women in Computer Science at MIT.\" prepared by female graduate students and research staff in the Laboratory for Computer Science and the Artificial Intelligence Laboratory .at the Massachusetts Institute for Technology, 1983. \u00b0Journal of the National Association for Women Deans, Administrators. and Counselors, Volume 46(2). 1983. Edited by Patricia A. Farrant. \"'Sexual Harassment: It's Not Academic Office for Civil Rights, Department of Education, Washington, DC, 1984. 'Wright Dzeich, B. and Weiner, L. The Lecherous Professor: Sexual Harassment on Campus. Boston: Beacon Press, 1984. 9 School of Education, University of Michigan. 'Tune In To Your Rights Guide for Teenagers About Sexual Harassment.\" 1985. '\u00b0Salkind, E. J. \"Can't You Talc a Joke Study of Sexual Harassment Among Peers.\" Master's thesis, Sloan School, Massachusetts Institute of Technology, 1986. \"Hughes, J. O'G. and Sandler .R., \"Peer Harassment: Hassles for Women on Campus.\" Published by the Project on the Status and Education of Women, Association of American Colleges, 1988. Now available from the Center for Women Policy Studies, Washington, DC. 12 'Iostile Hallways: The Survey on Sexual Harassment in American Schools. 6 0 1;41 28 ruling by the California Fair Employment and Housing Com- mission states that students and fac- ulty are protected from sexual ha- rassment under the state's fair hous- ing law. This is the first time the commission has ruled that colleges and universities are subject to the provisions of the law, holding that educational institutions are \"busi- nesses\" and therefore subject to the law which forbids sexual harass- ment by businesses. The case involved a former graduate student at the University of California at Berkeley who ac- cused a lecturer of sexual harass- ment. Although the student lost the case, the ruling holding institutions responsible under the fair housing law opens up a new way for students and faculty in California to file charges alleging sexual harass- ment. It is not known whether other states, many of which have a similar law, will follow with similar inter- pretations Applications to the 84 women's colleges across the coun- try are at a 12-year high of 98,000, up from 82,500 in 1981. In contrast, applications to private coeduca- tional institutions have remained relatively stagnant during the same period. Women's colleges enroll 2.5 percent of the 7.6 million women in two-year and four-year institutions. Although the number of women's colleges had been declining for years, from 298 colleges in 1960, that decline seems to have been stemmed recently. Women's col- leges typically engage in aggres- sive marketing campaigns which often point out that their institutions produce a larger proportion of PhD's and leaders in government and business. For example, 24 per- cent of the women in congress are graduates of women's colleges, a much higher percentage than that for women who graduated from coeducational colleges. Girls' high schools are reporting a similar surge in applications On January 20, 1994, Shan- non R. Faulkner began classes at The Citadel in Charleston, SC, be- coming the first woman to attend day classes with men. The Citadel has been an all-male institution for 151 years. Faulkner applied to the Citadel and was accepted on the basis of a high school transcript which did not reveal her gender. When the school learned she was female, it rejected her application. Faulkner sued, challenging the school's all-male admissions policy. In August 1993, a federal judge ordered The Citadel to allow Faulkner to attend day classes while her lawsuit made its way through the courts. The college ap- pealed to the Fourth Circuit Court and then obtained a temporary stay by Supreme Court Chief Justice William H. Rehnquist, which he set aside a few days later. Faulkner can only attend day classes, may not march or eat with the cadets, and must live off cam- pus. Day classes enroll approxi- mately 1,964 male cadets, while more than 1,600 women attend evening classes. Men enrolled at the college can attend graduate- level classes and courses at other institutions with women. The Citadel and Virginia Mili- tary Institute are the only all-male state-supported military colleges. VMI's admissions policy is also being challenged in the courts Although the number of under- graduates planning to major in business has plummeted to a third of those who had such plans in 1987, the number of women plan- ning to major in business has dropped even more steeply: from 20 percent of first-year female stu- dents in 1987 to 12 percent in 1992 1994 The Supreme Court, with- out comment, turned down an ap- peal from a high school student who said he was barred from play- ing girls field hockey. The suit way. brought on constitutional grounds; the student claimed his equal pro- tection rights were violated. School district policy at Liberty High School in Bethlehem, PA, barred males from playing on female teams, although females are al- lowed to play on male teams. The case did not involve Title IX, which allows schools to bar males from all-female teams In September 1993, a new code of ethics and conduct for coaches developed by the Ameri- can Swimming Coaches Associa- tion went into effect. The code has three articles forbidding sexual misconduct and sexual relation- ships with swimmers month later, University of Florida swimming coach Mitch Ivey was fired because of allega- tions that he sexually harassed sev- eral of the swimmers he coaches and has a history of having sexual relationships with them. Ivey is married to a former student swim- mer he had coached. The Women's Sports Founda- tion recently appointed a commit- tee to investigate the ethics of rela- tionships between coaches and ath- letes. The committee is chaired by Don Sabo, a sports sociologist at D' Youville College in Buffalo In the first college case in- volving sex discrimination in ath- letics to reach the Supreme Court, the court refused to hear an appeal in a case where lower court rulings required Colorado State University to restore women's soft- ball as a varsity sport. In 1992, Colorado State decided to drop both men's baseball and women's softball. Members of the women's softball team argued in court that elimination of their sport would violate Title IX, the federal law which prohibits discrimination in education, including athletics. Both the district court and the court of appeals agreed. The Supreme Court's decision is final. The court had no comment on its refusal to review the case. At the time the suit was initiated, although Colorado had eight women's and seven men's varsity teams, 77 percent of the funds spent on intercollegiate athletics went to men's teams. The case is one of three in which federal appeals courts have upheld lower court decisions to reinstate or add varsity women's teams. The other cases involved Colgate and Brown week after the Supreme Court refused to review the Colo- rado State case, Cornell University agreed to reinstate women's gym- nastics and fencing as varsity sports, rather than take on a full- scale legal struggle which it might well lose. Nine women athletes had brought a lawsuit against the uni- versity when the programs were cut, along with men's fencing and freshman football. The men's sports will not be reinstated The six presidents of the Pa- triot League, which plays football in the National Collegiate Athletic Association's Division I-AA, have set up a committee to explore the idea of reducing football squad size as a way of saving money and in- creasing women's sports. Some teams have as many as 120 players. Earlier the league passed a rule to cap at 90 the number of athletes who may participate in preseason foot- ball practice SPORTS? The myth that football rev- enues support men's and women's sports is just that: a myth. Accord- ing to the Women's Sports Founda- tion, only 70 of the 524 National Collegiate Athletic Association football teams break even or make a profit. The number may be even lower, since the cost of stadium e 1994 maintenance and security is often not included in athletic budgets. Other costs may also not be listed The women's basketball coach at the College of Mount St. Josepl 'OH) is suing the institution, claiming that she lost the position of athletics director when she com- plained that women's sports had less priority than men's. Tommie Jean Dowell's suit follows suits by other women coaches against Howard University, Oklahoma State University, and the University of Southern California Although aimed at high schools, Gender Equity in Athletics may be helpful to colleges and uni- versities developing materials for evaluating their own programs. Most of the 172-page book de- scribes Title IX, the law which pro- hibits sex discrimination in educa- tion. It focuses on how to conduct a self-review, including summary charts for each of the Title equity components: accommodation of in- terests and abilities, equipment and supplies, scheduling of games and practice time, travel and per diem allowance, coaches, locker rooms, practice and competitive facilities, medical and training facilities and services, publicity, support ser- vices, and factors such as athletic fees and awards. tutors/special needs, postsecondary recruitment, and sexual harassment. Appendices include resource and reference information, model student interest survey, grievance procedure, sexual harassment policy, and other information. The book was written by the Minnesota State High School League with technical assistance from the Min- nesota State Department of Educa- tion and is available from the league at 2100 Freeway Boulevard, Brooklyn Center 55430-1735. Cost: $35 plus $5 postage Everything and more than you wanted to know about sexual vio- lence may be in Sexual Violence: Facts and Statistics, an 80-page book that presents current informa- tion and statistics on a number of issues. Topics include acquain- tance rape and sexual as- sault; child sexual abuse; economic costs of sexual violence; pornogra- phy; pregnancy, abortion, and sexual assault; prostitution; ritual sexual abuse; self-defense; sex of- fenders; sexual assault of adults; and sexual harassment. Published by the Illinois Coali- tion Against Sexual Assault, the $12 book answers many of the questions most frequently asked about sexual assault and includes a list of references for each section. Available from the Coalition at 123 South Seventh Street, Suite 500, Springfield 62701 Defining a rape culture as one which knowingly or not perpetu- ates models of masculinity, femi- ninity, and sexuality that foster ag- gression, violence, and fear, Trans- forming a Rape Culture presents ways to make fundamental changes in that culture. Editors Emilie Buchwald, Pamela Fletcher, and Martha Roth invited over 30 women and men to contribute essays that explore mod- els and processes for change. Con- tributors include activists, theolo- gians, policymakers, and educators who cover a wide spectrum of strategies to educate boys and girls, end sexual harassment in schools, redefine masculinity and feminin- ity, and break the link between cru- elty and sexuality. The intersection between race and gender is also addressed. The 467-page book is a power- ful compendium of information and strategies to change the lives of readers and our society. It should be useful to those dealing with cam- pus rape and as a textbook. Pub- lished by Milkwood Editions, 430 First Avenue North, Suite 400, Minneapolis 55401, the book costs $23.95. Milkwood is a non- profit publisher e 1994 9 31 INFORMATION? Resourceful Women may have the answer. It contains information about hundreds of organizations, publications, videos, programs, and services targeted toward women, covering many issues such as health, aging, education, global issues, history, sports and recre- ation, work, youth, booksellers, spirituality, sexuality, politics, and kinship. Short profiles, commentaries, fiction, and poetry accompany each section. The 833-page book can be used for self-help and referral and as a way to track down sometimes hard-to-find information. Higher education is covered in both the education and work sections. From Visible Ink Press, $17.95 That's the title of a new direc- tory published by the National Council for Research on Women. The directory contains nearly forty pages of names of persons who are individual council affiliates, re- searchers, and staff working at council member centers. In addition to title, address and phone/fax, pro- fession/work, and interest/expertise are listed. The 73-page booklet is indexed by state, profession/pri- mary work, and interest/expertise list of the council's member cen- ters is also included. Who's Where and Doing What: a Directory of the National Council of Research on Women is available from the council at 530 Broadway, 10th floor, New York 10012 for $8.00. To be included in the directory as an individual affiliate, contact the council DISABILITIES? Eleven books on women's ex- periences with disabilities are re- viewed in the Summer 1993 issue of Feminist Collections Quarterly of Women's Studies Resources. The books cover specific disabilities such as deafness and paraplegia as well as other issues: pregnancy, sexuality, and the experiences of disabled women. Two books cover disabled women in the non-West- ern world. Also described in the same issue are six videos and films, five peri- odicals, and a directory of services for women and girls with disabili- ties. Feminist Collections is pub- lished by the University of Wiscon- sin System Women's Studies Li- brarian, 430 Memorial Library, 728 State Street, Madison 53706. Subscription rates vary for indi- viduals and institutions and those affiliated with the University of Wisconsin system. For further in- formation, call 608-263-5754 \"An Annotated Summary of the Regulation for Title Educa- tion Amendments of 1972\" ex- plains what Title requires schools to do. Title prohibits sex discrimination in educational insti- tutions receiving federal assistance. The 6-page booklet summarizes each section of the regulation; it costs $1.50 and is available from the Mid-Atlantic Equity Consor- tium, Inc., Publication Department, 5454 Wisconsin Avenue, Suite 1500, Chevy Chase 20815. Bulk rates are available. The publi- cation was developed by the Na- tional Organization for Women Legal Defense and Education Fund in conjunction with the consortium similar annotated analysis of the Title regulation is also pub- lished by the Center for Women Policy Studies. The 13-page paper also includes a partial list of actions institutions must take and an appen- dix covering athletic issues. \"The Restoration of Title IX: Implica- tions for Higher Education\" can be ordered for $5.00 from the center at 2000 Street NW, Suite 508, Washington 20036. Bulk rates are available The New York Board of Re- gents approved an action plan to bring about equity for women. Equal Opportunity for Women: Re- gents Policy Paper and Action Plan for the 1990's contains 16 major goals, each of which names the en- tities responsible for implementa- tion, describes outcome indicators (how to measure progress), and in- cludes a timeline. The 54-page re 10 1994 port covers education at all levels and includes a background paper which describes numerous barriers and provides information and data about the status of women and girls short bibliography is also in- cluded. Copies can be obtained from the New York State Education Depart- ment, Office for Planning, Re- search and Support Services, Al- bany 12234 PROGRAMS? Women Make Movies may be of help with their 1994 catalogue which lists approximately 350 films and videos covering a wide range of women's issues, including sex equity, women's movement, violence, health, gender, global perspectives and cultural identity, and arts nonprofit organization, Women Make Movies is multicultural and multiracial and produces, promotes, distributes, and exhibits films and videotapes by and about women. It also pro- vides some production assistance and maintains a Women of Color Database listing women of color who make videos and films. To obtain the free 80-page cata- logue, contact Women Make Mov- ies, Inc., 462 Broadway, Suite 500, New York 10013 Building a Stronger Women's Program II: Enhancing the Educa- tional and Professional Environ- ment does exactly what it sets out to do. It provides information and strategies to help medical schools bring about greater equity for women students and faculty. Chap- ters address activities and function of a women liaison officer, sexism, salary equity, parenting and flex- ibility issues, professional develop- ment and leadership, and women's health curricula. Each chapter has a short bibliography, includes ex- amples from medical colleges, and lists additional resources. The 108-page book is published by the Association of American Medical Colleges, 2450 Street NW, Washington 20037 and costs $10 plus $4.00 for shipping and handling It's easyand cost-effectiveto advertise in the About Women on Campus Job Line and Etcetera. Quarter page (3 1/2\" x 5\") $150 Half page (3 1/2\" x 9 1/2\" orr x 5\") $200 Full page (7\" x 9 1/2\") $300 We can accept camera-ready display ads or set type from your copy. For more information or to reserve ad space, call 202/659-9330 or 202/457-0946 or write: About Women on Campus 1325 18th Street NW, Suite 210 Washington 20036.6511 The sixteen articles in this special two-part focus of Initia- tives, the award-winning journal of the National Association for Women in Education (NAWE), explore what we can do to in- crease the numbers of girls and women who take courses in math and science and consider and enter careers requiring skills in these areas. They provide a useful overview of the current situation, details about success- ful initiatives and programs, models for replication, strate- gies for recruitment and reten- tion, pyschological and socio- logical perspectives, and sug- gestions about what remains to be done to help assure access and equity for girls and women. Published in 1993 Two issue set: $26.00 (postage included) All orders must be prepaid. Order from at the address on outside back cover Editor Bernice R. Sandler is a Senior Associate at the Center for Women Policy Studies. She speaks and consults with colleges and uni- versities about sexual harass- ment, classroom climate, and other women's equity issues 4 1994 11 33 New Regular Feature The National Association for Women in Education and the Office of Women in Higher Education are working to forge a closer alliance between State Associations and the National Identification Program (NIP) State Network. Recognizing that is the only association in higher education that focuses on the concerns of women educators, the Office of Women and the Board are encouraging network participants interested in the benefits of affiliation with a professional membership organization to join at the state or national level or at both. As a first step in the process of building bridges between and the NIP, About Women on Campus will regularly feature news about NIP. The notes in this issue were prepared by Dr. Carol A. Moore, Provost and Vice President for Academic Affairs, Mercy College, Dobbs Ferry In an action that reemphasized the vital role women must play in higher education administration in the twenty-first century, the Na- tional Executive Board of the American .Council on Education's National Identification Program has endorsed a vision statement that will guide the program in the pursuit of its goal. The statement, adopted at ACE/NIP' s February 1994 meet- ing, represents the culmination of a year-long discussion. Begun more than 16 years ago under the leadership of Emily Taylor and Donna Shavlik, direc- tors of ACE's Office of Women in Higher Education (OWHE), the National Identification Program was created for the purpose of identifying women with the potential to advance in higher education administration and to support their upward mobility. Ini- tial progress toward this goal was achieved through the development of identification programs in each state, which provided a network for women in higher education careers, and through a focus on increasing the representation of women at se- nior administrative levels in col- leges and universities across the country. While these numbers did risethere are today more women presidents and chief academic of- ficers than ever beforegender eq- uity in the upper echelons of higher education remains to be achieved. Consequently, two decades af- ter the birth of the women's move- ment, all has not been resolved. The public cry for equity has quieted, however, leaving the with the challenge of refocusing the higher education community on the program's original purpose and on bringing women's issues from the periphery of attention to the center of the agenda. State coordinators attending NIP's 1994 annual meeting reaf- firmed the program's goals while envisioning a world in which a new social contract could be forged be- tween men and women. This vision embraces the founding principle of inclusion and projects a climate in which the voices of all individuals regardless of gender, race, ethnicity, sexual orientation, eco- nomic circumstances, or disabling conditionscan be heard. Most im- portant, all voices and values would contribute to shaping the global agenda. The new vision statement re- ceived the acclaim of represen- tatives attending the February 1994 meeting. Buoyed by past successes and committed to the realization of this vision for the new century, par- ticipants returned to their home states with the charge of rededicat- ing and reenergizing the thousands of women (and men) who remain committed to the achievement of a more equitable world. 12 0 1994 American Couricil on Education/National Identification Program (ACT/NIP) 1994 Vision Statement As the American Council on Education's (ACE) National Identification Program (NIP) approaches the threshold of its third decade, it is important both to reflect upon its achievements and to envision its future role. Over the 16-year history of the much has been accomplished. The number of women participating and succeeding in higher education at all levels has steadily increased, as have the number of women in senior administrative positions, especially presidencies. But the gains of recent years have not come easily, and much remains to be accomplished. Women's presence and visibility in education, business, the media, and politics have increased substantially, yet our full influence in the public arena has not been realized. It is clear that rededication to the goal of advancing women leaders in higher education is important. But more is needed to achieve the ultimate goal of crafting an educational, social, and political climate in which the voices of women in all their diversity and richness are valued in setting the public agenda. We are now embarking on the next phase of the NIPa phase that will seek to transform the organizational life of college campuses and to engage all in the academy in envisioning an environment in which women and men together can reach a new level of understanding and communication. This new exchange will enhance opportunities for everyone and may be the most difficult phase of all. At the same time in which the National Identification Program is continuing and intensifying its allegiance to advance women to senior positions and presidencies, it must also develop and promote a framework to assure that women gain a greater public voice. This public voice is essential to women being heard and involved in shaping national policies, determining institutional agendas, and naming priorities for group action. Given the increased importance of global awareness on every level of society, the will seek to develop an international dimension first by creating an international network of women presidents and then by encouraging international programming at the state level. In assuring that the voices of women worldwide are at the center of both conversations and debates that form public agendas for the future, the reaffirms its founding principle of inclusion, i.e., a belief that women, in all our diversityrace, ethnicity, sexual-orientation, class, disabilitymust be integral to our collective voice. Our ultimate goal is the inclusion of the voices and values of all women and men, not only in shaping the NIP, but more important, in molding the future of higher education and society participants are buoyed by past successes and energized by their vision that a future environment can be created in which the voices of all women and men can be heard and understood. In pursuing this goal assertively embraces the challenge of creating new metaphors and being open to new paradigms informed by n.nv knowledge andthoughtful conversation 0 1994 13 35 And Another New Feature In every issue, we will profile an organization that serves the needs and interests of womentheir education and personal and professional growth and development. Dr. Patricia Rueckel, Executive Director of the National Association for Women in Education, prepared these notes about NAWE, which, in addition to About Women on Campus, sponsors a very wide range of programs, services, and publications for women in virtually every aspect of education. For three quarters of a century has supported women as they take risks and set goals that can be achieved only when talented, active, produc- tive women pool their resources and pursue common goals. The National Association for Women in Education (NAWE) The National Association for Women in Education (NAWE) is a national professional association dedicated to providing professional support for women educators through programs, services, advo- cacy, and scholarly publications. The Association embraces activity in the areas of administration, coun- seling and individual development, activities and services, instruction, and research that women educators conduct in educational institutions and agencies. It is committed to lifelong learning and to furthering educational opportunities for women students and professionals at all levels of learning, growth, and development. Throughout its his- tory, the Association has focused on professional development and ad- vancement for women educators. NAWE' s professional pro- grams, services, and scholarly pub- lications offer a diverse environ- ment for leadership, scholarship, and creative work; they afford a unique opportunity for women edu- cators to untribute to education at the local and national levels members may join one or more of its program divisions: Administration Activities and Services Continuing Education Counseling and Individual Services Government/Agency/Special Program Teaching and Research The Administration Division is the largest; the Teaching and Re- search Division is the fastest grow- ing seventh division, for Women's Centers professionals, is now under consideration membership offers many benefits supportive network When you join the National As- sociation for Women in Education, you become part of a national net- work of talented, accomplished, risk-taking women whose energy and creativity are legendary. You can find or be a mentor; you'll quickly identify colleagues who share your commitments and con- cerns. You may join one or more of the divisions mentioned earlier, the ethnic women's caucus, the les- bian/bisexual concerns committee, and a myriad of committees con- cerned with national issues. You may decide to take an active role in the operations of the organization, working on such projects as fund raising, publications, or planning conference programs. New mem- bers remark that \"it is easy to be- come involved and to assume lead- ership responsibility if you wish to commit your time.\" Outstanding publications Your membership in- cludes a subscription to Initiatives, our highly respected quarterly jour- nal, which has won five awards for excellencethe latest a \"best of cat- 14 1994 36 egory\" in a field of more than 50. Initiatives offers practical, acces- sible articles on timely, significant subjects not covered elsewhere. Re- cent special issues of Initiatives have addressed gender equity in science and math, women's col- leges, sexual harassment, women's centers, Black women in higher education, men's studies, and femi- nism on a Catholic campus. About Women on Campus is our fact-packed quarterly newsletter, filled with short news articles on the academic workplace, sexual ha- rassment, women in athletics, cam- pus projects and reports, \"climate checks,\" campus life, rape and sexual assault, good news, funding sources, resources, and book re- views. Edited by long-time member, Bernice R. Sandler, About Women on Campus is an especially valued benefit of membership in the National Association for Women in Education is quarterly re- port on our plans and activities. Our Member Handbook is an invaluable networking tool which lists mem- bers by state and alphabetically. Some of the special interest sub- groups of the association also pub- lish periodic newsletters. The Ruth Strang Research Awards Each year, we present two re- search prizes of $750 each-one des- ignated for students and one in \"open\" category. The awards honor the first editor of NAWE' s journal, who also served as professor at Teacher's College, Columbia Uni- versity. Annual Conference Held in the spring, our annual conference offers outstanding op- portunities for professional growth and development. Organized around a central theme, each con- ference includes nationally recog- nized speakers, workshops, presen- tations, and research sessions of- fered by members and friends of NAWE. Besides providing a forum for stimulating interaction with col- leagues conferences offer special opportunities to network and build professional support. Conference for College Women Student Leaders For ten years has coop- erated with other national women's organizations in education to spon- sor a conference for college women student leaders. Held for three days each June, the conference is di- rected to women students who serve in campus leadership roles highlight of the conference is the Women of Distinction program that honors extraordinary women whose accomplishments merit spe- cial recognition. Some recent hon- orees are: Marian Wright Edelman of the Children's Defense League; Sarah Weddington, the attorney in Roe v Wade; Antonio Novello, former Surgeon General; Molly Yard, past president of NOW; Sa- rah Brady, advocate for handgun control; and Bernice Johnson Reagon, founder of \"Sweet Honey in the Rock.\" Activism and advocacy has a tradition of trans- lating ideas into actionthrough its resolutions process and through participation in the National Coali- tion for Women and Girls in Educa- tion signs onto legislation and working and position papers and forms liaisons with organiza- tions such as the National Council for Research on Women and the Association of Black Women in Higher Education has had a strong Washington presence since 1927. We have actively supported: Enforcement of Title Equal Rights Amendment Civil Rights Restoration Act Pay equity, equal retirement and pension benefits education, funding, sensitivity Equal opportunity employment practices An end to sexual harassment and sexual assault Elimination of sex role stereo- typing Programs for persons with special needs 0 1994 37 Attention: Members of College and University Gender Equity Committees, Faculty, Administrators, and Affirmative Action Officers Educational. Consultant Services (ECS) conducts comprehensive assessments of the campus climate for women students, faculty, and staff. Climate assessment studies are designed and negotiated to meet the needs of an individual college or university. Highly qualified, experienced assessment personnel include former academic and higher educa- tion association administrators. Interested individuals should contact: Dr. Marcia Boyles President 18 F.' -t. Cliff Street Alexandria 22301 Phone: 703-548-4098 The University of Washington Dean, School of Business Administration The University of Washington invites applications and nomi- nations for the position of Dean, School of Business Administra- tion. The School is one of the nation's major schools of business with academic programs at the undergraduate, master's and Ph.D. levels. In addition, the School has a well-established Executive program and innovative new programs in environmental management, tax, and entrepreneurship. The Dean is the School's chief administrator. He or she must be able to work with the faculty, students, staff, University admin- istration, and outside business community to ensure that the chal- lenges of undergraduate and graduate education, faculty research, and service to the community are met with vision and integrity. All applicants should have established and distinguished backgrounds in the academic and/or business community. Prefer- ably, applicants should be prepared to assume the position by Fall, 1994. The University of Washington is an Equal Opportunity. Affirmative Action Employer. Women and minorities arc encour- aged to apply. Initial screening of applicants begins February 15, 1994. Applications from interested parties will be accepted after that date until the position is filled. Please submit to: Search Committee for the Deanship of the School of Business Administration do Provost G. Wayne Clough, Chair 301 Administration Building, AH-30 University of Washington Seattle 98195 Ttie Paul H. Nitze School of Advanced International Studies, a graduate school division of The Johns Hopkins University in Washington, D.C., invites applications for a junior, non-tenured teaching position in Middle Eastern Studies, to commence in July of 1994. The appointment is for three years and is renewable. Position requires broad interests in comparative politics, international relations and modern history of the region. Preference will be given to ,pplicants with a Ph.D., teaching experience and publications and who have a command of one or more of the region's languages letter of application, a curriculum vitae, three let- ters of recommendation, and samples of publica- tions should be sent to: Mr. Gerald W. Stover, Director of Human Resources, SAIS, 1740 Massachusetts Avenue, N.W., Washington 20036 and the Johns Hopkins University is an Affirmative Action/Equal Opportunity Employer and Educator and encour- ages applications from people of color and women The University of Vermont The University of Vermont seeks an individual for a tenured Associate or Full Professor position, with academic field open, to begin work in August, 1994 as Director of (African American, Latin American, Asian American., Native American) Studies. The successful person will coordinate existing College and University course requirements in the area of Race and Ethnicity in America, teach and do research in this academic area, and lead in the development and implementation of a formal academic program in Studies. Although housed in the College of Arts and Sciences with the Director reporting to the Dean of the College, the proposed academic program will be university-wide, drawing faculty and students from UVM's nine schools and colleges. In addition, the Director will work with members of the community of Burlington. The individual we seek must have teaching experience in Studies although the terminal degree may be an academic discipline where teaching and scholarship in Studies constitutes a subfield within the discipline. Prior administrative experience is preferred since the position is .50 administrative. Since the position is also a tenured one at the Associate or Full Professor rank in an appropriate department, it Is necessary for a candidate to have a record of excellence in teaching, scholarship, and research. Nominations and applications should be submitted to Associate Dean James F. Lubker, Chair Studies Search Committee, College of Arts and Sciences, University of Vermont, 300 Waterman Building, Burlington, Vermont 05405. Applications should include a cover letter, curriculum vitae, and three letters of reference. Reading of materials will begin March 1, 1994 and will continue until the position is filled is an equal opportunity, affirmative action employer and strongly encourages applications from women and members of minority groups. The University of Mississippi Vice Chancellorship, Academic Affairs The University of Mississippi invites nominations and applica- tions for the position of Vice Chancellor for Academic Affairs. The duties of the position include coordination and supervision of the educational, research, and service programs of the University's College of Liberal Arts and Graduate School, and professional schools of Law, Business Administration, Education, Engineering, Pharmacy. and Accountancy, all on the parent campus at Oxford, Mississippi; and for liaison with the Vice Chancellor for Health Affairs, who is responsible for the supervision of Schools of Medi- cine, Nursing, Health Related Professions, and Dentistry, on the Medical Center Campus at Jackson, Mississippi. All academic deans of the Oxford campus, the Associate Vice Chancellors for Continuing Studies and for Research, the Dean of Libraries, and Directors of other academic support units report to the Vice Chan- cellor for Academic Affairs, who in turn reports to the Chancellor of the University. As the chief academic officer, the Vice Chancellor for Academic Affairs recommends to the Chancellor all academic budgets, selections to academic administrative posts, appoint- ments to the faculty, promotions, and grants of tenure. Qualifications are substantial experience in the administration of academic and research programs at the school or college level or above at a comprehensive university and an earned doctorate plus evidence of scholarly productivity and teaching experience accept- able for appointment to the rank of full professor. Applicants are to provide evidence of the quality of leadership needed to establish an effective working relationship with other administrative officials, faculty and students, including demonstrated advocacy for instruc- tional excellence, research and faculty development. Applicants must demonstrate commitment to affirmative action and faculty, staff and student diversity comprehensive public university with an enrollment of over 10,000 on the parent campus, The University of Mississippi has a varied undergraduate program, and a Graduate School with pro- grams leading to the master's.degree in almost every department and the terminal degree in more than 20 areas of study. Nominations and applications should be forwarded to: Dr. Tonya Flesher Chair, Search Committee Lyceum 109 University of Mississippi University 38677 Complete applications including a letter of interest with a statement of the candidate's qualifications; a resume; and a mini- mum of three letters of reference should be postmarked by April 1, 1994. The review of applications will begin at that time and continue until the appointment is made. The of Is en AA/E0/ADA/E. 39 Scum Indiana University South Bend invites nominations and applications for the position of Assistant Vice Chancellor for Academic Affairs. The primary responsibilities are research and grant promotion, cooruination of assessment and academic institutional reports, utilization of informational databases which support research, assessment, and institutional planning and development. Qualifications Earned doctorate or appropriate terminal degree in major Substantial academic or administrative experience and qualified for academic and senior rank Computer experience with database applications . Ability to communicate effectively with diverse constituencies Commitment to and experience with shared governance Commitment to equal opportunity and affirmative action Indiana University South Bend is a comprehensive, rapidly expand- ing university serving north central Indiana. It is the third largest of eight Indiana University campuses with an enrollment of nearly 8,000 students in both undergraduate and graduate programs. The South Bend-Mishawaka area is an important business, service, and cultural center in northern Indiana. The campus is located 30 miles from Lake Michigan and 90 miles east of Chicago. The metropolitan area has a population of approximately 250,000. South Bend offers many of the advantages of a large city, a high quality of life, yet low cost of living, and a friendly environment. The position of Assistant Vice Chancellor for Academic Affairs will be available as early as July 1, 1994. The screening of applications will begin Immediately and will continue until the position is filled. Completed applications received after April 15, 1994 cannot be assured of consideration. Nominations should include names, addresses, and telephone numbers of the nominees. Applicants should submit letter of interest, complete vita, appropriate sup- porting materials, and three letters of recommendaton. Inquiries, applications, and nominations should be addressed to: Nanci Genich Yokom, Chair Search Committee for Assistant Vice Chancellor for Academic Affairs Indiana University South Bend do Office of Academic Affairs P. O. Box 7111 South Bend, Indiana 46634 Telephone (219) 237-4154 Indiana University South Send Is an affirmative action, equal opportunity employer and actively encourages the candidacies of minorities and women. Lniesitl. t Alberta lAlmonton President The University of Alberta invites applications from, and nominations of, qualified men and women for the position of President and Vice Chancellor. The position will become available on July 1st, 1994. Founded in 1908, the University of Alberta is one of the largest in Canada with a 1993-94 full-time enrolment of 22,800 undergraduate and 3,300 graduate students. There are 3,100 undergraduate and 1,300 graduate part-time students. It employs 3,000 full- and part-time academic and 4,000 non- academic staff in17 faculties. The University of Alberta is recognized as a centre of excellence in Canadian higher education with strong teaching and research programs at the undergraduate, graduate, and professional levels. In 1992/93 it had an operating budget of $395 million, a capital budget of $23.7 million and received $81.5 million in sponsored and contract research. The President is the chief executive officer of the University, a member of its Board of Governors, the Chair of General Faculties Council, Chair of Dean's Council and a member of The Senate. Accountable to the Board, the President directs the operation of the University's academic and business affairs. The appointee will have a respected record of academic and administrative achievements and will possess strong skills in government and external relations. Applications or nominations with curriculum vitae should be sent by March 31, 1994, to: Mr. P.A. Robison Secretary, Presidential Search Committee Room 3-31, University Hall University of Alberta Edmonton, Alberta T6G 2J9 The University of Alberta is committed to the principle of equity in employment. The University encourages applications from aboriginal persons, disabled persons, members of visible minorities and women. 4 0 Initiatives The Journal of the National Association for Women in Education Manuscripts Wanted Initiatives is the quarterly journal of the National Association for Women in Education. Published for more than 50 years, the journal has won numerous awards for excellence. We welcome submissions on a very wide range of topicsvirtually any subject that addresses in a meaningful way the education, interests, needs, and personal and professional development of women and girls. Known for focusing on important subjects not yet extensively covered elsewhere, Initiatives has published special issues on such diverse themes as gender equity in math and science, women's colleges, men's studies, women's centers, Black women in higher education, women's athletics, and feminism on a Catholic campus. Articles in recent issues have addressed such topics as pay equity, women's leadership, campus climate, dual career families, women in aviation, women on nonprofit boards, the artist as feminist, reentry women, gender differences among faculty, moral development, mentoring, journal keeping, and curriculum transformation. Manuscript guidelines appear in every issue or can be obtained from the editor. Queries are welcome. Send correspondence, questions, and manuscripts to: Patricia A. Farrant, PhD Editor, Initiatives c/o American College Testing P. 0. Box 168 Iowa City, Iowa 52243 319-337-1409 41 am concerned about women on campus and want to enter my subscription to About Women on Campus. : Special introductory subscription rates: Individual 1 year (four issues) $20 Institution 1 year (four issues) $28 2 years( ears (eight issues) $35 2 years (eight issues) $50 rorelgn subscriptions: Please add $7.00 per subscription to cover additional postage. W.:counts are available for bulk subscriptions mailed to a single institutional address. Call 202-659-9330 202-457-0946) for details. Name Tide Institution Address City/State/Zip h i d Send subscription term and check or institutional purchase order made payable to to: About Women on Campus, 1325 18th Street NW, Suite 210, Washington 20036-6511 want to know more about the National Association for Women in Education, one of the nation's oldest national professional education associations. Send information about membership to the address have provided above. National Association for Women in Education Suite 210, 1325 18th Street Washington 20036-6511 Second Class Postage Paid at Washington Nearly 30 percent of male stu- dents entering college agree with the statement that \"Married women's activities are best con- fined to home and family.\" For women, the figure was 19.2 per- cent. However, the picture may be improving slightly: the figures are about one percentage point lower for both men and women than those from the previous year. For a mar- ried woman faculty member, such attitudes in students can have a negative impact. They may resent her being in a classroom or feel that her presence is inappropriate- attitudes that male faculty members do not face. The figures come from an an- nual survey of first-year students conducted by Alexander W. Astin among 220,000 students in 427 col- leges and universities. Copies of \"The American Freshman: National Norms for 1993\" can be obtained from the Higher Education Research Institute, University of California at Los Angeles, Graduate School of Education, 405 Hilgard Avenue, Los Angeles 90024-1521, for $20 plus $3 shipping $900,000 to Heidi S. Weiss- man, in a settlement from the medi- cal college of Yeshiva University and Montefiore Medical Center. One of the largest involving the (11 Working In Academe 1 From Around the Campus 3 Sexual Harrassment 6 Sexual Assault 10 Athletics 10 Resources 11 News 14 Profile 15 It 4 field of medicine, the settlement was in exchange for Weissmann's dropping her 7-year lawsuit charg- ing sex discrimination. It includes $35,000 for back pay, $325,000 for legal fees, and $540,000 for \"pain and suffering.\" The settlement is unusual in that it did not include a \"gag order\" to prevent Weissmann from discussing it. The suit charged that Weissmann had not been pro- moted even though qualified, had been paid less, and had been retali- ated against for bringing charges of plagiarismcharges which were upheldagainst another professor. At 43, Weissmann has been unable to find a job in either private prac- tice, industry, or academe since she was fired in 1987 from her profes- sorship in nuclear medicine. Approximately $250,000 to Joan M. Lakosi, a former member of the pharmacology department at the University of Texas Medical Branch at Galveston U.S. Dis- trict Court awarded Lakosi dam 43 ages of $150,000 and legal fees and costs of more than $104,000. Lakosi had been denied tenure; her case is part of a larger class action suit filed on behalf of female faculty members at the University of Texas Medical School. charging it with discrimination in tenure, promo- tion, and salaries. Lakosi is now an associate professor of pharma- cology at Pennsylvania State University's Hershey Medical Center The Academic Senate at the University of Nebraska at Lincoln has recommended that course evaluation forms be expanded to include questions about whether faculty members have \"treated stu- dents with fairness and respect\" or have \"unfairly discriminated against any student or group of stu- dents in this class.\" An earlier ver- sion would have asked more spe- cific questions, such as whether a professor discriminated against women or Blacks. The idea to incorporate these questions into course evaluation forms came from the senate's hu- man rights committee. Members were concerned about student com- plaints about racial or sexist jokes and comments made by some fac- ulty members. The questions are expected to he incorporated in the fall semester's evaluation forms. This is an issue which has come up on many campuses. Some per- sons are suggesting questions such 2 as \"Has this professor ever made you feel uncomfortable because of your gender?\" and, separately, \"Has this professor ever made you feel uncomfortable because of your race or ethnicity.\" Both should be followed by \"Please explain An informal survey concern- ing the participation of women in research sessions at the annual meeting of the American Math- ematical Society (AMS) has turned up some interesting data. On the average, in sessions including at least one woman as organizer. 16 percent of the speakers were Women's Issues Project National Association for Women in Education Suite 210, 1325 18th Street Washington 20036-6511 Project Director: Patricia A. Farrant Editor: Bernice Resnick Sandler Business Manager: Patricia Rueckel The Women's Issues Protect of the National Associa- tion for Women in Education publishes the quarterly newsletter About Women on Campus in cooperation with the Center for Women Policy Studies to provide information about programs. issues, and concerns of women students, faculty, and administrators. Asso- ciation members receive About Women on Campus as part of their $65 membership fee Individual sub- scriptions are $20 for one year ano 535 for twoyears. Institutional subscriptions are 528 for one year and 550 for two years 1061 768X Application to mail 2nd class postage rate pending at Washington Postmaster Send address change to About Women on Campus. 1325 18th Street Suite 210. Washington 20036.6511 Volume 3, Number 3, Summer 1994 0 1994 by the National Association for Women in Education The National Association for Women in Education is an independent nonprofit professional organization dedicated to the education and professional and personal development of women and girls. An impor- tant force in American education for more than 75 years. the Association is at a crossroads, serving new populations. expanding its services, and developing new and innovative programs to meet the ever- changing needs of women in education The National Association for Women in Education does not discriminate on the basis of race. color. national origin, religion. sex, age, affectional or sexual orientation. or disability in any of its policies. proce dures. programs. or practices Published with suppoil from the Marriott corpora. bon Education Services 4 4 women; in sessions organized only by men, only 7 percent of the speak- ers were women. Since 1980, over 20 percent of PhD's in mathematics have gone to women. Beth Ruskai, Chair of the Joint Committee on Women in the Math- ematical Sciences, also found that if a session included only one woman, she was typically a senior woman. There was some indication that in a number of sessions without women, a \"big name\" woman had been invited but had turned the or- ganizers down. Ruskai suggests that men may be inviting only well- known women, although they will invite lesser-known men. Since began including women on program committees, the percentage of women giving hour-long addresses had increased, reaching 8 percent similar pattern was found in a series of ecology conferences: 23 percent of the invitees were women, if a woman was an orga- nizer (which is consistent with the representation of women in that field.) Only 7 percent of the invitees were women when there were no women organizers. The informa- tion was reported in the Winter 1994 issue of the Newsletter of the Caucus for Women in Statistics. Other women's caucuses and com- mittees in professional organiza- tions might want to examine the participation of women in theircon- ferences 1994 The University of Iowa's President, Hunter R. Rawlings, III, has proposed a new policy to substi- tute for the one originally proposed by the state Board of Regents, which would have required faculty members to warn students about sexually explicit materials that would be shown in classes. The policy originated when some stu- dents were offended by graphic films depicting gay sexuality (see About Women on Campus, 3(1), 1994, p. 1). The new policy requires profes- sors to notify students about \"un- usual or unexpected class presenta- tions or materials In the second of two reports examining the status of women at the University of Michigan, major findings included the following: The proportion of women in senior administrative positions de- creased from 30 percent to 22 per- cent between 1990 and 1992. Women represented 20 per- cent of the untenured and tenure- track faculty but 53 percent of lec- turers. In the past 12 years, the pro- portion of women in tenured and tenure-track positions increased by 3 percent. from 17 to 20 percent, while the proportion of women lee - turers rose by 10 percent, from 43 to 53 percent. Women of color represented only 3.1 percent of tenured and ten- ure-track faculty. Among junior faculty hired between 1984 and 1986, women hired as assistant professors were promoted to tenured associate pro- fessor in roughly the same propor- tion as their male colleagues. In the same cohort, the propor- tion of women of color promoted to associate professor was lower than either men of color, white women, or white men. Women at the University of Michigan, Volume Statistical Report on the Status of Women Stu- dents, Faculty and Staff at the Ann Arbor Campus was prepared for the Office of the President. For more information about the report, con- tact the Office of the President, University of Michigan, Ann Ar- bor 48104-2289 Despite objections from the U.S. Department of Justice, a fed- eral judge ruled that state-sup- ported Virginia Military Institute does not have to admit women, be- cause the state will create at Mary Baldwin College a separate mili- tary program for women compa- rable to what it provides men at VMI. Unlike the highly rigorous, disciplined 24-hour military envi- ronment at VMI, the Mary Baldwin program will require women to spend only two to four hours a week in uniform as part of the Reserve Officer Training Corps. The De- partment of Justice is considering appealing the judge's decision Shannon Faulkner, the lone woman attending the Citadel, an all-male state-supported military college, has described some of her experiences with fellow students as harassment. She said she has been the target of hisses, obscenities, and slurs like \"Mrs. Doubtgender. Much but not all of the harassment has been anonymous. The campus newspaper called her \"Shrew Shan- non,\" and bumper stickers pro- claim:\"Save the Males\" and \"Shave Shannon's Head.\" Her parents' home has been vandalized and her lawyer ostracized. Her high school (where her mother also teaches) has asked Faulkner not to wear shirts with the school's name on them during interviews. Faulkner was initially admitted to the Citadel when she asked her counselor to remove all references to her gender from her high school transcripts. When school officials learned she was female, her admis- sion was rescinded. Under a court order, Faulkner is allowed to attend the college, although she is not al- lowed to live on campus, drill with cadets, or eat with them. The case is now pending in federal court 4 1994 3 45 When asked by the New York Times about the harassment, presi- dent of the college Claudius Watts stated, \"1 resent impugning the in- tegrity of the corps of cadets. We're unhappy she's there don't deny that editor Bernice R. Sandler has received $15,000 as one of five Century of Women Special Achievement Awards. The award, presented by Turner Broadcasting System Super - station and Sprint, was given in conjunction with a pro- gram Century of Women, a six- hour documentary series reflect- ing the experience of women over the past 100 years, shown in June 1994. Sandler was honored for her work on issues involving women in education. She played a major role in the passage of Title and wrote the first reports on campus sexual harassment, campus gang rape, campus student-to-student harassment; the first report how women students are treated dif- ferently than male students in the college classroom; and most re- cently, the first report on how women faculty members are treated differently by men and women students. Sandler, who consults with colleges and uni- versities about equity in educa- tion, has also written extensively about sex discrimination in edu- cation Women Students More Likely to Plan for Gradute School For the first time in the 28 years that an annual survey of first-year students has been conducted, women are more likely than men to be interested in attending graduate school. Sixty-six percent of enter- ing women plan to seek advanced degrees. compared to 63 percent of the men. The figures for women were slightly higher for master's and doctoral degrees and for de- grees in medicine and law. In 1967, when the survey first began, three times more men than women said they would seek advanced degrees. The data come from an annual survey of over 220,000 first-year students conducted by Alexander W. Astin. Copies of \"The American Freshman: National Norms for 1993\" can be obtained fr. 1m the Higher Education Research Insti- tute, University of California at Los Angeles. Graduate School of Edu- cation, 405 Hilgard Avenue, Los Angeles 90024-1521 for $20 plus $3 shipping. Women Win Majority of Rhodes Scholarships For the first time since 1976, when women became eligible for Rhodes Scholarships, more than half of the 32 Americans chosen were women. Seventeen women were selected from more than 1,200 applicants. The scholarships, which enable students to attend Oxford Univer- sity. were established around the turn of the century for men by the estate of Cecil Rhodes, British phi- lanthropist and colonialist. Aa.ong the selection criteria are academic excellence, integrity, leadership ability, and athletic prowess The American Civil Liberties Union, on behalf of the National Center for Fair and Open Testing, has filed a charge of sex bias with the U.S. Department of Education. Each year, approximately 60 per- cent of National Merit Scholarships are awarded to boys, although 55 percent of the applicants are fe- males. The selection relies prima- rily on applicants' scores on the standardized Preliminary Scholas- tic Assessment Test (PSAT). Al- though on average high school girls earn higher grades than boys in major subjects such as English, his- tory, foreign languages, science, and the arts, (hut not in mathemat- ics), they score 50 to 60 points lower overall than boys on the and the Scholastic Assess- ment Test (SAT). The complaint cites numerous studies which indicate that stan- dardized assessment tests are not good predictors of women's perfor- mance in college. About 7,000 Na- tional Merit Scholarships are awarded each year winners receive about $2,000 per year. renewable annually during the undergraduate years 0 1994j 46 The National Merit Scholarship Corporation was not named in the Title complaint because it does not receive federal funds; Title IX, which prohibits discrimination on the basis of sex in education. covers only those institutions and organ- izations receiving federal funding. The Educational Testing Service (ETS) and College Board, which develop and administer the tests, were named in the complaint in- stead. The used a similar strat- egy in 1989 and succeeded in changing the way in which New York state awards its Regents Scholarships Iowa State University is rais- ing money for its center for women in politics by selling bricks for the new Plaza of Heroines. The bricks, which cost a minimum of $100 each, can be purchased only to honor women. Donors are asked to include a two-page (4,-scription and photograph of the woman or women they are honoring. This in- formation will be available in a computer database. The Plaza of Heroines will re- quire about 10,000 bricks. The building which is being renovated to house the center will be named after Carrie Chapman Catt. an Iowa State alumna who was active in suffrage politics Feminist Graduate Student Network has been recently been or- ganized at the University of Wisconsin at Madison to bring to- gether graduate students who are Women's Studies minors or who are interested in similar ideas. In addition to fostering communica- tion among, like-minded students, the network also will provide sup- port for feminist students who may find little concern or support for feminist ideas in their home depart- ment. Members range from first- semester students to those working on dissertations and those looking for employment. For further infor- mation, contact Shannon Green via e-mail at [email protected] or the Women's Studies Research Center at the University of Wiscon- sin, 209 North Brooks Street, Madi- son 53715 You may not have a daughter, but you are one. You may not be a mother, but you have one. From a Wellesley Center brochure For 14 years, the Center for Research on Women at Wellesley College has presented an annual Daughters and Mothers Collo- quium to which women can come as mothers and/or as daughters to ex- plore related issues. Students, alumni, and others are invited to attend. The popular day-long meet- ing has covered a variety of sub- jects; the May 1994 colloquium fo- cused on \"Dialogues on Sexuality.\" For further information, contact the Center at Wellesley College, 106 Central Street, Wellesley 02181-8259 Since 1986, the women's col- lective Women Defending Our- selves has taught a self-defense course to more than 600 women at Stanford University (CA). The course has been immensely popu- lar; it has not been unusual for 100 women to show up for the class, which can accomodate only 12. In August 1993, acomplaint was filed under Title (the federal law that prohibits sex discrimination in education) charging that the course discriminates against men, al- though men have other options on campus to learn about self-defense. When Stanford moved to integrate the class, Women Defending Our- selves canceled rather than inte- grate it. Subsequently, Women De- fending Ourselves has launched an all-out attack to reinstate the all- female class. They have pointed out that since Stanford did not undergo an investigation by the U.S. Depart- ment of Education, there has been no legal decision that the class vio- lated Title IX. Because Title al- lows some exceptions for compen- satory reasons, and because the Su- preme Court has set criteria for the 1994 5 47 use of compensatory purpose in jus- tifying all-female programs (Mis- sissippi University for Women v. Hogan, 1982), Women Defending Ourselves is making the argument that the all-female course serves a compensatory purpose. They claim that women at Stanford have a sex- based disadvantage and that the course is one means to compensate for that disadvantage memorandum marshalling the legal arguments is being pre- pared by Women Defending Our- selves to be presented to the Board of Trustees. For further informa- tion, contact Women Defending Ourselves, P.O. Box 9006, Stanford 94309 For its first campaign dealing with gender issues, the Advertising Council has approved the Women's College Coalition proposal for a na- tionwide public service advertising campaign on gender bias in schools. The campaign will focus on reaching teachers and parents of girls with information about what gender bias is, its consequences, and what schools and parents can do to make schools work better for girls. Acceptance by the Advertising Council means millions of dollars in contributed space in print publica- tions and on radio and television. For further information, contact the Women's College Coalition, 125 Michigan Avenue NE. Washington 20017 former University of Penn- sylvania undergraduate is suing the school, claiming that she was ha- rassed and coerced into a sexual relationship by her English profes- sor, Malcolm Woodfield, and that the school delayed and mishandled her complaint. She is suing Woodfield in state court and, in what may be a first, is also suing Bates College (ME). where Woodfield previously taught and was also accused of sexual harass- ment. Shortly after Lisa Topal filed her lawsuits, Penn began an investiga- tion and hearings. The hearings were stopped when Penn reached a settlement with Woodfield. As part of the settlement, Woodfield re- signed. Although he has acknowl- edged that he violated the insti- tution's policy stating that sexual relationships between students and their professors are unethical, Woodfield still claims that there was no harassment and that the rela- tionship was consensual, although Topal gave examples of his threats and retaliation when she tried to break off the relationship. She sub- sequently dropped out of Penn as a result of the harassment. Topal charges that Bates Col- lege had complaints that Woodfield sexually harassed students, but sent only positive recommendations to Penn when he was being considered there. Topal also charged that when Bates learned that Penn was inter- ested in hiring Woodfield, they dis- continued their investigation of charges of sexual harassment against him, and gave him only an oral reprimand. Topal's lawyer, Alice W. Ballard, says that Bates \"knew or should have known, that at any school that this man would go to, he would prey upon his students in exactly the same way that he did at Bates and that it was entirely foreseeable, if not likely, that some- one like Lisa Topal would have exactly the same experience she had.\" Should Topal win her lawsuit against Bates, institutions may have to take a second look at their proce- dures for situations in which an employee accused of sexual harass- ment takes a position at another institution. Although it is not un- usual for institutions to allow per- sons charged with or accused of sexual harassment to withhold that information while being considered for another position, some institu- tions have made a notation on the file and covey to prospective em- ployers something like the follow- ing: \"Smith left while being charged with sexual harassment. As a result of his departure, no formal hearing was held California Stale University at Northridge was incorrectly identified as the University of California at Northridge in our winter issue. Apologies from the editor 6 0 1991 43 $200,000 When H. Prentice Baptiste, a professor of educational leadership at the University of Houston, was accused of sexual harassment, he sued the university for $2.5 million campus judicial board had found him guilty of harassing a graduate student, Analinda Moreno, by \"un- welcome intimate physical con- tact.\" Moreno's complaint charged that Baptiste had hugged her and reached inside her pants. Baptiste denied the charges, accused the in- stitution of racial discrimination (he is black), and initiated a lawsuit against the university. He dropped a suit against Moreno in which he had claimed defamation. The university settled the suit with Baptiste for $200,000. As part of the settlement, Baptiste will leave the institution In what may be the largest study of sexual harassment of fac- ulty, nearly one in seven female faculty members reported that they had been harassed at some time while working at their current insti- tutions. Among the 30,000 male and female faculty members surveyed at 270 institutions, about three per- cent of the males reported they had experienced sexual harassment. Black women faculty were more likely to report harassment than other women. Women at Catholic On May 3,1994, a woman of vision died. Patricia M. King, who became director of the Schlesinger Library on the His- tory of Women in America at Radcliffe College in 1973, worked for two decades to de- velop it into the foremost women's history library in the United States. She was one of the first in her field to recognize that the new women's movement was an important part of history. During her tenure, the library's holdings more than tripled and became the repository for the papers of many notable as well as \"ordinary\" women. The Schlesinger Library is the larg- est archive on the history of American women. King brought the library out of its strictly academic setting into the community. Of par- ticular interest to her were oral histories, such as the Black Women's Oral History Project, which led to the well-known travelling exhibit, \"Women of Courage,\" which began in 1984 and is still in use. Her work is her legacy and will continue. But oh, she will be missed by many. institutions were least likely to report harassment; women at public institutions reported the highest incidence. Women at the highest rank, full professor, reported the most harass- ment, 24 percent, while only 13 percent of assistant professors re- ported experiencing sexual harass- ment during their academic careers. The study, \"Betrayed by the Acad- emy: The Sexual Harassment of Women College Faculty\" was con- ducted by Eric L. Dey, as assistant professor in education at the Uni- versity of Michigan, and Linda J. Sax and Jessica Korn, graduate stu- dents at the University of California at Los Angeles Several students, staff, and faculty have filed what may be the first class-action complaint against an institution of higher education for fostering a hostile sexual envi- ronment. UCSanta Cruz was charged with \"failing to adequately and effectively remedy severe and pervasive sexual harassment\" in the complaint filed with the U.S. De- partment of Education, which en- forces Title of the Education Amendments of 1972. Title pro- hibits sex discrimination, including sexual harassment, in educational institutions receiving federal assis- tance. The complaint gave numerous instances of \"egregious\" behavior, including several cases of sexual harassment and sexual assault which were handled badly by the institution. In one, a student was hired to work with a residential summer program for first-year stu- dents. although three first-year stu 41 1994 7 49 dents had complained about his sexually harassing behavior. In an- other, a rape victim who was asked about her sexual history was told \"Maybe you're just lying\" by the university police sergeant who in- terviewed her about the rape. The complaint also stated that the uni- versity was in noncompliance be- cause it \"failed to respond ad- equately to actual or constructive notice of the harassment, therefore creating and maintaining a hostile environment for several female stu- dents, staff and faculty over the period of several months and years for some individuals.\" The case was investigated by the Office for Civil Rights at the Department of Education and UCSanta Cruz was found in viola- tion of Title IX. The letter of finding, which details numerous instances of poor handling of com- plaints of sexual harassment and assault, despite policies and train- ing of staff, could provide guidance to those examining their policies and their formal and informal pro- cedures for dealing with sexual harassment and sexual assault. Copies of the letter of finding from OCR, dated April 29, 1994 and addressed to the Chancellor, can be obtained by requesting a copy (Docket Number 09-93-2141) from under the Freedom of Information Act. Contact: John E. Palomino. Regional Civil Rights Director, Region IX, OCR, Dept. of Education, Old Federal Building, 30 United Nations Plaza, boom 239, San Francisco 94102. The letter of finding found that Santa Cruz's poor handling of sexual harassment, sexual assault, and rape cases created a discrimina- tory environment. As of May 1994, Santa Cruz had refused to sign a \"corrective action\" plan, which normally results from a letter of finding In a letter dated April 29. 1994, to a complainant against Sonoma State University (CA), the Office for Civil Rights. of the De- partment of Education noted that Sonoma had been found to be in violation of Title because of sexual harassment and assault. The letter stated that the school's proce- dures failed to meet the require- ments of Title IX, and it failed to promptly investigate complaints, including six separate complaints alleging sexual assault by the same male student during the fall 1992 semester found that the school had focused on the women's consump- tion of alcohol and that school offi- cials had told the male student he was being \"victimized\" by racism, even though the wo is com- plaints were upheld by the evi- dence noted that the school did not address the discriminatory charge of the male student's behav- ior, raising the \"apparently false concerns of racism: this sophism offends Title IX.\" On April 15, 1994, Sonoma signed a compliance agreement plan, in which it agreed to take spe- cific remedial steps, although it has stated that it disagrees with several aspects of OCR's report. For a copy of this letter of finding (Docket Number 09-93-2131), write the ad- dress listed in the previous article On February 3, 1994, the Sen- ate Armed Services Subcommittee on Force Requirements and Person- nel examined the recently released study of the Department of Defense's efforts to eliminate sexual harassment at the service academies. The report by the Gen- eral Accounting Office found that between 93 and 97 percent of acad- emy women experienced at least one form of sexual harassment dur- ing the 1991 academic year, al- though only 26 incidents were for- mally reported. For copies of the report, contact your representative or senator. Starting in February, a number of women at the Air Force Acad- emy told campus authorities about incidents ranging from fondling to date rape. As a result, an instructor and a cadet have been court- martialed and jailed for sexual mis- conduct, three cadets have re- signed, and three more have been disciplined 24-hour confidential hotline has been established for re- porting sexual assaults. Shortly after the first assault was reported, Academy Superintendent, Lieutenant General Bradley C. Hosmer met with most of the fe- [ 8 0 1994 Some men (and women) are confused as to what behaviors constitute sexual harassment. The following questions may be especially helpful in assessing one's own behavior: Would mind if someone treated my wife, partner, girlfriend, mother, sister, or daughter this way? Would mind if this person told my wife, part- ner, girlfriend, mother, sis- ter, or daughter about what was saying or doing? Would do this if my wife, partner, girlfriend, mother, sister, or daughter were present? Would mind if a re- porter wanted to write about what was doing? If ask someone for a date and the answer is \"no,\" do keep asking? If someone asks me to stop a particular behavior, do get angry and do more of the same instead of apologizing and stopping? Do tell jokes or make \"funny\" remarks involving women and/or sexuality? (Such jokes may offend many people.) If the answer to any of these questions is yes, the chances of the behavior being considered sexual harassment are very high. Because such behavior is likely to be high risk, if you have to ask, it is probably better not to do it. Bernice R. Sandler male cadets in the campus audito- rium and ordered his male aidesand two males working in the projection booth to leave. He removed his in- signia of rank and promised the women confidentiality in exchange for the truth about campus sexual harassment. The meeting went on for nearly four hours, as women told story after story about their experiences few days later, Hosmer met with the male students. Although more than half the female students had said they knew someone who had been harassed, only 9 percent of the men knew of sexual harassment cases. The results? Counseling is now available for victims. Ten addi- tional investigators have been added to the four who examine complaints. Focus groups of 8 to12 students have been set up to discuss sexual harassment and leadership ethics new course on \"Gender, Race and Human Dignity\" is being offered and a new training program being developed to help faculty rec- ognize and address sexual harass- ment issues. First-yearstudents will watch upperclass students act out skits depicting date rape. Thirteen percent of the 4,027 cadets and 13 percent of the faculty are women In what may be the first video on cultural differences as they re- late to sexual harassment, peer ha- rassment, and rape, the University of Oregon explores four scenarios, each involving an international woman in a different situation. The first scenario, \"Too Much To Drink,\" involves an African fe- male student at a campus party: the second, \"Running,\" involves a western European female student who goes jogging; the third, \"Too Friendly,\" involves a Japanese fe- male student visiting her friendship family for a meal, and the fourth, \"Not So Hot Date.\" involves a Latin American female student who ac- cepts a date in a dorm room alone with her boyfriend six -page study guide accompanying the video suggests questions about 0 1924 9 51 stereotypes, power, gender, culture, communication, sexual harass- ment, and sexual abuse. Suggested behaviors are also discussed. The 25-minute video, But Thought You Wanted To'Cul- tural Differences in Incidents of Rape and Sexual Harassment,\" costs $25.00 plus $3.50 for ship- ping and includes the study guide and an evaluation form. Contact the Electronic Division, University of Oregon Bookstore, P.O.Box 3176, Eugene 97403 \"Sexual Harassment in Higher Education: From Conflict to Community\" briefly covers a wide range of issues, describing sexual harassment and the legal implica- tions, the kinds of behaviors in- volved, how often sexual harass- ment occurs and to whom, and what steps institutions should take to eliminate it. The last chapter of this 86-page book discusses how ad- ministrators and those involved with curriculum, teaching, student services, and athletics can create community from conflict 10- page list of references is also in- cluded. Written by Robert 0. Riggs, Patricia H. Murrell, and Joanne C. Cutting, the book is available for $17.00 from the Clearing- house on Education, School of Edu- cation and Human Development, The George Washington Univer- sity, One Dupont Circle NW, Suite 630, Washington 10036-1183 comprehensive curriculum for training campus judicial boards that deal with sexual assault cases has been developed by the State Council of Higher Education for Virginia. But the 66-page training manual offers much more. Its cov- erage of such issues as gathering evidence, planning the hearing en- vironment, and making decisions, as well as handling pre-hearing and post-hearing activities such as followup with accused, accuser, witness and support persons, par- ents, and committee members will be of help to persons evaluating and advocating for effective and fair policies and procedures 10-page facilitator's guide includes information on exercises and on coordinating the training ex- ercises and materials with the ac- companying 25-minute video. The cost for the training manual, facilitator's guide, and video is $75. Prepared by Vicki Mistr, Steven M. Janosik, Anne C. Schroer- Lamont, Lawrence A. Tucker, and Rebecca Weybright, all of whom consult on campus sexual assault, the materials are available from the State Council of Higher Education for Virginia, 101 N. 14th Street, 9th Floor, Richmond 23219. (Mistr is well-known for her work for the Council on campus sexual assault $1.35 Jim Huffman, former women's volleyball coach at Cali- fornia State University at Fullerton, was awarded $1.35 million by a jury after he claimed he had been fired because he pressed for equal treat- ment of female athletes. Huffman claimed he had been dismissed be- cause he and members of his volley- ball team had filed a sex discrimina- tion suit against the university. Shortly after that suit was settled, Huffman was fired. Huffman also received an un- disclosed amount for punitive dam- ages because his First Amendment right to free speech was violated similar case involves Rudy Suwara, a male coach of women's volleyball at California State Uni- versity at San Diego, who claims he was fired because he openly sup- ported a sex discrimination case filed by a parent of one of his play- ers. That case is currently pending. In still another case, Martin Hawkins, former coach of women's basketball at Loyola (IL), is suing that institution, claiming he was fired because of his criticism of the universitiy's record on equity Oklahoma State University's women's golf coach received $36,000 in back pay and damages although the jury also ruled she was 10 1994 not entitled to the same pay as the coach of the men's golf team. In 1992-93, Ann Pitts earned $35,712; the men's coach earned $63,000. The former head women's bas- ketball coach at Duquesne (PA) has filed a lawsuit claiming she was paid less than her male counterpart and that she was fired when she refused sexual advances of the university's athletics director. Renee DeVarney also charges that the women's basketball team had fewer assistant coaches and a smaller recruiting budget than the men's team. 'Marianne Stanley, former women's basketball coach at the University of Southern California, was turned down by the U.S. Su- preme Court in her bid to regain her job while her $8 million sex dis- crimination lawsuit against the in- stitution is pending Starting next year, the head coaches of women's basketball and gymnastics at the University of Georgia will receive a 69 per cent raise. In the past year, a number of schools have given substantial pay raises to coaches, particularly women's basketball coaches. The Universities of Florida, Iowa, Ten- nessee, Virginia; Kansas, Florida State, Texas Universities; and Stanford University raised women's salaries to either match or he closer to those of their male counterparts survey of salaries of head coaches by the Women's Basket- ball Coaches Association found that in NCAA's Division I, the base salary for women head coaches av- eraged only 59 percent of that of men. LESBL4N $1.5 Vicki L.Yost, a former field hockey player at the University of Maryland, is suing her coach, Mar- garet L. Meharg, for allegedly forc- ing her to keep silent about being gay. Yost claims she was pressured when the coach observed her kiss- ing another woman, that the size of her grant was decreased after she admitted being a lesbian, and that she had been threatened with the loss of her scholarship if she continued public displays of homo- sexuality In 1992-93, women's partici- pation in college varsity sports was the most ever: 99,859 women. Men's participation increased slightly over the previous year. The survey by the National Collegiate Athletic Association found that 34.8 percent of varsity athletes at schools were women. For men, the largest participation was in football; for women, outdoor track For the first time since 1901. when Radcliffe women at Harvard had its first team (basketball), the Harvard Varsity Club awarded one of its citations to a woman athlete. Betty Ritchey, a 1934 alumna, was inducted into the Club's Hall of Fame. Harvard's first \"Scholar Athlete,\" Ritchey was a member of the swimming team and captain of both the basketball and field hockey team; she went on to be a meinber of the United States Field Hockey Team WOMEN? The new 1993-1995 edition of the Directory of Financial Aids for Women presents comprehensive in- formation about special resources set aside for women. More than 1,700 scholarships, fellowships, grants, loans, awards, and intern- ships are listed. Each entry provides information about the title, spon- soring organization, purpose, eligi- bility, remuneration, duration, spe- cial features, limitations, number of awards, and deadline dates. Infor- mation is also indexed by program title, sponsoring organizations, geographic coverage, subject. and deadline date. Addresses and tele- phone numbers of state sources of educational benefits and refs rences for 60 other directories of financial aid are also listed. Written by Gail A. Schlachter, the 506-page directory costs $45.00 plus $4.00 for shipping and is avail- able from Reference Service Press, 1100 Industrial Road, Suite 9, San Carlos 94070 1994 11 53 r The American Association of University Professors has devel- oped a short bibliography, \"Se- lected References on Discrimina- tion Issues in Higher Education, In- cluding Some Legal Materials.\" Send a self-addressed stamped en- velope to AAUP, 1012 Fourteenth Street NW, Suite 500. Washington 20005 The Journal of Women and Minorities in Science and Engi- neering will make its debut this year. Aimed at policymakers, edu- cators, and managers, the journal will publish papers that report inno- vative ideas and programs for class- room teachers. scientific studies, and formulation of concepts related to the education, recruitment, and retention of underrepresented groups in science and engineering Lifting a Ton of Feathers by Paula Caplan if you've ever tried to make sense out of both subtle and overt gender bias in academe, Paula Caplan's hook will be helpful in describing the many forms that gender bias can take. She writes about everything and more than you may have wanted to know about sex discrimination: unwrit- ten rules and impossible proofs, the myths of academe, the male- ness of the environment, and other aspects of academic life. The second half of her hook deals with what to do, giving gen- eral principles of response as well as what to do in specific situations. Also included is a checklist for a \"woman-positive\" institution, data on gender bias, and suggested guidelines for hiring, promotion, and tenure committees 37-page bibliography covers both general areas and specific subjects: gradu- ate students; grievances and legal proceedings; job search and hiring; mentors, supervisors and role mod- els; nonregular instructional per- sonnel; older women; research, writing, publishing, obtaining grants; and sexual harassment and safety. The 273-page book is pub- lished by the University of Toronto Press, i40 Nagel Drive, Buffalo 14225 and costs $18.95 in paper, $45.00 hardback. F12 The first volume will include ar- ticles on feminist critiques of sci- ence, the teaching of mathematics and sciences, analysis by race/by sex of the effects of activities in elementary schools on students' en- joyment and confidence in doing science, and a description of a model project at the University of South Carolina designed to reach women. Subscription rates are $75 (insti- tutions) and $40 (individuals). For further information write the jour- nal at Begell House Inc. Publishers, 79 Madison Avenue, New York 10016-7892 The Association for Women in Science has published \"Mentoring Means Future Scien- tists,\" which describes its three- year mentoring program designed to encourage and retain under- graduate and graduate women in science $400,000 grant from the Alfred P. Sloan Foundation pro- vided funds for 59 local chapters to conduct mentoring programs, most of which went beyond traditional one-on-one mentoring. The report describes not only one-on-one programs but also other activities de.sigvd to foster reten- tion: small-group discussions meet- ings, large workshops with promi- nent speakers, scientific poster ses- sions, laboratory experience, and exposure to scientific conferences. It discusses whai worked and what 1994 did not. The report also covers the special concerns of undergraduate and graduate women, women of color, and students in different fields. Appendices include sample program materials, survey data, and an extensive bibliography listing resources on women in science and on mentoring. The 160-page report is available for $14.50 (members) or $17.50 (non-members) from AWIS, 1522 Street NW, Suite 820, Washing- ton 20005 16-page execu- tive summary is also available: $4.95 (members) or $7.95 (non- members). Initiatives Is Winner...Again! NAWE's award-winning journal, Initiatives, has done it again! The Educational Press Association of America, better known as Ed Press, has just announced that two awards have been made to the journal in this year's Distinguished Achievement Awards competition. Ed Press has selected Initiatives for its first-ever \"Golden Shoestring\" Award, the association's top Honor Award for \"a publication that has consistently demonstrated excellence in educational publishing despite working with very limited resources.\" And the Initiatives special two-part focus on \"Gender Equity in Math and Science\" has been honored in the Single-Theme/Publications for Adult Readers category. The prestigious Ed Press competition attracts more than ,500 entries each year. Editor Patricia Farrant accepted the awards at the Ed Press Annual Meeting in Chicago in early lune. Alice Miller served as guest coeditor of the \"Gender Equity\" issues and Lea Williams also made significant contributions to that project. Ron McClellen has served as Initiatives designer for over a decade 1994 r- a 55 .4 cS, c lidut ahoto\\ 131 This year, on the 20th anni- versary of the American Council on Education/National Identi- fication Program, the Office of Women in Higher Education established an Lead- ership award to recognize sig- nificant accomplishment in the advancement of women or the women's agenda in higher education. The decision to tar gained heightened awareness about the ingenu- ity, diligence, and commit- ment that characterize women across the country whose contributions to higher education deserve recognition. get this award to a college or university, a governing board, or an State Program, rather than to an individual, symbolizes the importance of in- stitu tionalizing support for women in higher education. The Executive Board put out a nationwide call for Leader- ship Award nominations and purposely established broad cri- teria, inviting projects that focus on women students, faculty members, trustees, administ, tors, and/or staff, in the hop identifying and recognizing the most creative initiative. Donna Shavlik and Judy Touchton of and mem- bers of the Executive Board were delighted with the overwhelmingly positive re- sponse the announcement of the Leadership Award brought. Nominations were received L\" from around the country and represented a diverse range of creative approaches to advanc- ing the agenda of women in higher education. Projects ranged from student leadership programs to major curriculum development focusing on gen- der perspectives to political cau- cuses to projects aimed at sup- porting minority women. The Executive Board had the pleasurable but difficult task of reviewing these wide-ranging nominations, fi- nally singling out the one that we felt had made the most signifi- cant contribution. The process involved contacting the nomi- nees to obtain additional infor- mation to glean the full scope of each project and to determine its potential to foster a women's agenda in higher education. As a result of these conversations and of the wonderfully supportive letters of nomination that were received, the gained heightened awareness about the ingenuity, diligence, and com- mitment that characterize women across the country whose contributions to higher education deserve 1 ecognition. The task of selecting a single awardee became so difficult, in fact, that the Executive Board, with the full support of Donna Shavlik and Judy Touchton, made the decision to increase the number of honorees. Thus, in addition to the originally con- ceived Leadership Award, we were able to present two Letters of Commendation at the an- nual Leaders' Meet- ing this February. Leadership Award Receiving the Leadership Award was the State of California Black Women's Lead- ership Conference. This 15-year-old initiative has created a successful program of professional develop- ment and networking opportunities for black women educators from community colleges. Letters of Commendation Letters of Commenda- tion were presented to Ursuline College, which used Women's Ways of Knowing (Belenky et al.) to trans- form the institution's curriculum, and to the State of Vermont, which for the past decade has run a successful student leadership program for undergraduate women throughout the state. Congratulations to all the projects nominated and a round of applause for those projects receiving special recognition! Notes prepared by Dr. Carol A. Moore, Provost and Vice President for Academic Affairs, Mercy College, Dobbs Ferry 4 19941 The Center for Women Policy Studies (CWPS) \"People who do advocacy work now don't remember what it was like before,\" says Leslie R. Wolfe, Execu- tive Director of the Center for Women Policy Studies (CWPS). An indepen- dent feminist policy research and ad- vocacy institution, the Center for Women Policy Studies was incorpo- rated as a nonprofit organization on March 1,1972, to focus on women's issues and to help shape national de- bate, policy, and laws as they affect women and issues of importance to women. For more than 20 Years, the Washington-based Center has played a key role in changing the ways women are viewed and treated in the United States. CWPS's accomplishments in- clude an impressive list of firsts: The Center was first to deal with women's policy issues at the national level, was one of the first to work with the issue of women and AIDS, and was at the forefront in urging Congress to ad- dress the topic of credit for women. Center founders Jane Roberts Chapman and Margaret Gates have noted that there \"is no place or orga- nization quite like the Center for Women Policy Studies, in both the breadth and scope of its work. It is continually evolving, taking on new issues, and developing exam- ines institutionalized and internalized barrierslegal, economic, social that block women's full and equal participation in American life. Its ac- tivities are designed to change institu- tions and empower woven. Current Center programs ad- dress: Educational equity \\\\Turk/family and workplace diversity policies ECOnOnliC opportunity for low income women Violence against women Girls and violence Women's health Reproductive rights and health Women and Leadership development \"We empower people from the out- side and push people from the inside,\" Wolfe notes number of Center programs pertain directly to women and postsecondary education. On the is- sue of welfare reform, for example, a goal is to ensure that policvmakers and educators consider higher education as a means to remediate welfare-related problems. In 1991, the Center convened a na- tional \"Brain Trust\" on economic op- portunity for low-income women to explore higher education as a route to economic self-sufficiency. The Center also considers policy options and strat- egies to support low-income women's access to and success in higher educa- tion. In 1988, the Center launched the Educational Equity Policy Studies Program to explore programs and strategies that work to recruit and re- tain women and girls of color in math- ematics, science, and technology. The Center has also been a leader in defin- ing gender bias in standardized tests. It is the Center's conviction that sex, race, and class bias throughout society must he addressed simulta- neously, that analyses of the status and needs of women must capture their diversity by race, ethnicity, economic status, disabilty, sexual orientation, and age. Central to analyses are the diverse interests of women of color. And, since 1987, the Center has worked to till the vacuum in public discussion and policy debate on women and AIDS. According to Wolfe, \"Nobody outside the government has any idea how much damage was done to the infrastructure under Reagan and Bush.\" Although the Center has high hopes that the Clinton administra- tion's agenda will continue to include women at all levels of policymaking, and that increased attention will be paid to how policies affect women, Wolfe says that \"the Clinton adminis- tration has much to do and must have a full eight years to implement it all.\" . . .there \"is no place or organization quite like the Center for Women Policy Studies, in both the breadth and scope of its work. It is continually evolving, taking on new issues, and developing.\" And the Center for Women Policy Studies expects to continue to play a central role in keeping women's issues near the top of the national agenda. For information about the Center's work and publications, write to the Center fbr Women Policy Studies, 2000 Street NIV,Suite 508, Washing- ton 20036. This profile of the Center for Women Policy Studies was prepared by Gina G. Luke, Assistant to the General Counsel of the American Council on Education. It is based on an interpiew Huth CiVPS Evecutire Director Leslie R. waft and on Center publications and materials 0 1994 15 5 7 Mycologist/Plant Pathologist The Department of Plant Pathology, University of California, Davis, invites applications for an 11-month tenure-track position at the Assistant Professor level that will be available starting Sep- tember 1, 1994. Closing date for applications is August 31, 1994. For more information concern- ing the requirements for and responsibilities of this position, and a complete position description, interested parties should contact Dr. James D. MacDonald, Chair, Mycologist Search Commit- tee, Department of Plant Pathology, University of California, Davis 95616. Phone (916) 752- 6897, FAX: (916) 752-0121, e-mail (Internet) [email protected] EMPLOYER. 0 of at RESPONSIBILITIES: Reports to Director of Athletics on financial status of all athletics activity: coordinates planning, developing. organizing and administering budgets; supervises monitoring of expenditures and develops financial reports to analyze and identify trends: coordinates and supervises all personnel matters and general resource management. REQUIREMENTS: Bachelor's degree. preferably in management or accounting; Master's and/or preferred. Minimum 8 years experience in management and accounting including budget preparation and control, management information systems and personnel administration. Must have effective written and oral communication skills. Experience in higher education and Intercollegiate Athletics desirable. SALARY: Negotiable; commensurate with experience. Full-time, twelve- month, professional staff appointment. UNIVERSITY: The University at Buffalo. the largest of lout unheNity center:, within the State Miversity of New York system. is a member of the [Division 11 and Mid-Continent Conference. Student enrollment totals 27,000. APPLICATION: Send application letter. resume and three professional references [with current phone numbers' by July 15, 1994 to eonard Snyder. University at Buffalo. 420 Crofts fall. Buffalo. New York 14260-7011. 1 he 'atvcrcar at Buffalo it as Anirmative eteatat gnat opportunor Fttplaver \u00a7M\u00a7ttift\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7\u00a7 California State Polytechnic University, Pomona California State Polytechnic University, Pomona, seeks an experienced, energetic professional to provide leadership and direction to its fund-raising and related activities. Cal Poly Pomona, a public university founded in 1938, is noted for its scenic and historic 1,400-acre campus, once the winter ranch of cereal magnate W. K. Kellogg. The campus is located 25 miles east of downtown Los Angeles in the Inland Valley, one of the fastest growing regions in the country. Cal Poly Pomona's 17,000 (13,400 and 59% ethnic minorities) students are enrolled in 55 baccalaureate and 16 masters degree programs with approximately 900 full -time and part-time faculty. The University has been raising $5-7 million annually in gifts and donations and plans to increase its commitment to advancement efforts in the years ahead. The Position/Duties and Responsibilities The Vice President for University Advancement is responsible for planning, organizing. and implementing the University's advancement program, which includes Development, Alumni Affairs, and Public Affairs. The Vice President is also responsible for coordinating the fund-raising activities of the University's six colleges and one school. One of four senior executive officers, the Vice President reports to the President and, as a member of the President's Cabinet, is directly involved in the overall planning and management of the University. Qualifications The ideal candidate will have at least five years of executive-level administrative experience in fund-raising and public affairs in higher education or in a large non-profit organization; demonstrated success in fund-raising; and excellent leadership, interpersonal and communication skills, with the ability to work with people of diverse backgrounds. Candidates with an appropriate graduate degree will be given strong preference; a bachelor's degree from an accredited institution is required. Appointment Date The University seeks to fill the position by August 1, 1994, but is willing to negotiate a later date as appropriate. Compensation Starting salary will be competitive and commensurate with qualifications and experience. The position includes a broad, attractive benefits package. Nominations and Applications Letters of interest or nomination should accompany resumes and be sent to Search Committee c/o Dr. Bob H. Suzuki, President California State Polytechnic University, Pomona 3801 West Temple Avenue Pomona, California 91768-4020 Nominees for the position will be invited to apply. All candidates must submit a complete formal application, which will consist of the following: a) a letter of interest, including a statement of how the candidate satisfies the position qualifications listed above; b) a current curriculum vitae; c) the names, titles, addresses, and telephone numbers of five colleagues who can provide current assessments of the candidate's qualifications for the position. Finalists for the position should be prepared to provide three letters of reference upon request. Review of completed applications will begin on May 20, 1994, and will continue until the position Is tilled. California State Polytechnic University, Pomona, is en Equal Opportunity, Affirmative Action Employer. Women and minorities are strongly encouraged to apply. The University hires only individuals lawfully authorized to work In the United States The University of California, Santa Barbara invites applications for the position of Personnel Director. The Personnel Director organizes, supervises, and operates a diversified staff personnel program which covers approximately 5,900 employees, with a staff payroll of approxi- mately $87,300,000 annually. The Director manages employment, labor & employee relations, training, classification/compensation, records, and for bothfaculty and staff, benefits, vocational rehabilitation, and counseling & career referral services. The Department of Personnel Services has an annual budget of $1.8 million and a staff of approxi- mately 30 people. Candidates must posses leadership, management and consensus building skills; knowledge of personnel practices. affirmative action and budgeting. Substantial experience in an area of personnel administration/ human resources is required; including demonstrated experience in re- cruitment, assessment, development and training needs for a diverse work force. Responsible for advancement and maintenance of Personnel's electronic information systems. College degree required, advanced degree desirable. Salary: $66,900- S90,000per year, commensurate with qualifi- cations and experience. Applications and/or resumes should be submitted by July 1, 1994. Please refer to job number 94-05-020. Send materials to: Linda Raney University of California, Santa Barbara Administrative Services 4129 Cheadle Hall Santa Barbara 93106-3160 Santa Barbara is an Affirmative Action/Equal Opportunity Employer committed to fostering diversity in its faculty, staff and student body and welcomes applications from minorities, women and persons with disabilities. call for papers . Achieving Gender Equity in the Classroom and on the CampusThe Next Steps The American Association of University Women welcomes papers for its symposium, Achieving Gender Equity in the Classroom and on the CampusThe Next Steps, to be held June 22-24, 1995, in Orlando, Florida. Topics will address: advancing the status of women employees in public and higher education; achieving equity for women/girkiudents; and fostering a womal/girf-friendly campus/school climate. Papers must be postmarked by Sept. 20, 1994. For details, contact AAUW, = 11 .)ixteenth St. kW., #518C, Washington 20036-4873, 202/785-7759 k\\ Co sponsors: Association for Continuing Higher Education, Association of Teacher Educators, (enter for the Education of Women, and Center for Women Policy Studies It's easyand cost-effectiveto advertise in the About Women on Campus Job Line and Etcetera. Quarter page (3 1/2\" x 5\") $150 Half page (3 1/2\" x 9 1/2\" or 7\" x 5\") $200 Full page (7\" x 9 1/2\") $300 We can accept camera-ready display ads or set type from your copy. For more information or to reserve ad space, call 202/659-9330 or 202/457-0946 or write: About Women on Campus 1325 18th Street NW, Suite 210 Washington 20036-6511 59 World Conference on Women: Beijing 1995 The United Nations will hold its Fourth World Conference on Women September 4 to 15 in Beijing, China. The conference is intended to address the For- ward-Looking Strategies devel- oped at the Third World Confer- ence on Women held in 1985 in Nairobi, Kenya. In addition to the formal conference, there will also be a forum for non- governmental organizations (NGO's). U.S. Regional Prepa- ratory Meetings are being held in different locations throughout the e United States. For information at the Regional Preparatory meetings, contact: Women's Bureau Department of Labor Washington 20210 For information about the World Conference on Women, contact: World Conference Secretariat Secretary General World Conference \"Beijing\" 2 United Nations Plaza DC2 1220 New York 10017 For information about the Forum, contact Forum Planning Committee Forum 95 777 United Nations Plaza, 8th floor New York 10017 zz 4 The sixteen articles in this special two-part focus of Initia- tives, the award-winning journal of the National Association for Women in Education (NAWE), explore what we can do to in- crease the numbers of girls and women who take courses in math and science and consider and enter careers requiring skills in these areas. They provide a useful overview of the current situation, details about success- ful initiatives and programs, models for replication, strate- gies for recruitment and reten- tion, pyschological and socio- logical perspectives, and sug- gestions about what remains to be done to help assure access and equity for girls and women. Published in 1993 Two issue set: $26.00 (postage included) All orders must be prepaid. Order from at the address on outside back cover The University of Vermont will host a conference on gender issues in higher education, cov- ering a wide range of issues such as transforming the curriculum, pedagogical issues, institutional restructuring, women in non- traditional fields and roles, and promoting professional ad- vancement. Shelia Tobias Nti keynote the conference. For information, write the Division of Continuing Educa- tion Conferences, 30 South Park Drive, Colchester 05446-2501. Initiatives: journal of the National Association for Women in Education Sexual Harassment: Persistent Themes/Practical Responses Call for Manuscripts In 1983, the National Association for Women in Education (NAWE) published the first journal issue devoted exclusively to the then-emerging topic of sexual harassment on campus. This groundbreaking issue was followed by a two-volume update on harassment later in the decade. Now we are inviting submissions for a special issue of Initiatives that will take stock of where we are with respect to the persistent problem of harassment as we approach the middle of the 1990s. We welcome manuscripts on such topics as: The sexual harassment/academic freedom debate: Innovative responses Harassment and the culture of violence Backlash, institutional intrigue, legal battles, and similar hassles. How advocates and others who deal with complaints cope with the personal costs Educating culturally and ethnically diverse students about sexual harassment Addressing harassment through mediation and conflict resolution techniques Fighting sexism in fraternities: Initiatives that work Harassment based on race and gender: The situation of women of color Less common but still problems: Same-gender and female-to-male harassment Beyond policy dissemination: Practical and proven techniques for educating the campus community about harassment Peer educators: What works The implications of court cases (e. g., Franklin v Gwinnett; Harris v Forklift) Children and teens: Harassment in the K-12 environment Resources: Books, films, videos, handbooks Submission guidelines appear in every issue of the journal. Or, contact the editor. Address correspondence to: Dr. Patricia A. Farrant do American College Testing P. 0. Box 168 Iowa City, Iowa 52243 Submission deadline: November 1, 1994 am concerned about women on campus and want to enter my subscription to About Women on Campus. manariimmiernamsayaunammisa aaawnwmami a Special introductory subscription rates: Individual 1 year (four issues) $20 Institution 1 year (four issues) $28 2 years (eight issues) $35 2 years (eight issues) $50 Foreign subscriptions-. Please add $7.00 per subscription to cover additional postage. Discounts are available for bulk subscriptions mailed to a single institutional address. Call 202-659-9330 202-457-0946) for details. Name Title Institution Aftess City/State/Zip \" Send subscription form and check or institutional purchase order made payable to to: a About Women on Campus,13.25 18th Street NW, Suite 210, Washington 20036-6511 man wairaammxmailammx want to know more about the National Association for Women in Education, one of the nation's oldest national professional education associations. Send information about membership to the address have provided above. National Association for Women in Education Suite 210, 1325 18th Street 7 Washington 20036-6511 1301 4300 20850 6 Second Class Postage Paid at Washington ,itriF 3 1994 $1 During the last four years, the University of California at Los An- geles has paid more than a million dollars to settle four cases involving sexual harassment, sexual assault, and sexual discrimination paid $300,000 to a fe- male student who was sexually as- saulted in a dormitory by two men. She charged with failure to provide adequate security. Another $330,000 went to an employee who charged a married faculty member with rape, molesta- tion, and sexual abuse. The faculty member, who was described by the employee's attorney as a person of \"power and prestige within the university,\" was accused of coercing the employee into having sexual contact, raping her twice in his home, and continuing to harass her on campus, including locking her in his office to watch him masturbate. The woman eventually suffered an emotional breakdown. The faculty member was suspended without pay former manager in the De- partment of Business Enterprises, who supervised over 40 student employees, was paid $163,000 to settle a complaint in which she ac- cused her supervisor of sexual lan- guage and harassment. He un- zipped his pants to tuck in his shirt, discussed his vasectomy, and told about going home to have \"indus- trial sex\" with his wife. covT1 The Money Watch 1 Working in Academe 3 Sexual Harassment 4 Sexual Assault 6 From Around the Campus 8 Women In Athletics 10 Women and Science 11 Resources 12 14 15 The fourth case was settled for $225,000, paid to a woman who said she was harassed as a result of a medical leave she took because of complications of pregnancy officials said the settle- ments were confidential in order to protect the victims and to save taxpayers the cost of litigation. The attorney for one of the victims, however, stated that it was the univer- sity, and not her client, who insisted that the settlement be confidential. The cases came to light when the Daily Bruin, the student newspaper, obtained a court order after the Ch,-..cellor had mentioned the settle- ments in a 1992 news conference but provided no other information $175,000 The University of California at Davis paid a female student more than $175,000 to settle a lawsuit filed against the institution. She charged that her geology professor El Philip W. Signor, subjected her to unwanted sexual advances and retaliated against her when she reported his behavior to university officials. Graduate student Donna Hunt is suing Signor separately. She was also guaranteed a $16,000 per year position as a research assis- tant until she finishes her doctorate in geology $1.5 jury awarded $1.5 million to a former professor who was allowed to resign with an early retirement settlement after he was accused of sexually harassing several students. The University of Puget Sound was then accused of wrongfully discharging Harmon Zeigler by failing to investigate the accusations that he had sexually harassed three students, and failing to follow proper procedures. The judge said that had used undue influence to force Zeigler to accept termination. Four current pro- fessors, two of whom admitted having relations with students, testified that they had been warned or reprimanded but were not forced to retire or resign. Zeigler was the highest paid professor at UPS. The school had not decided whether to appeal the award at this writing. Eleven days after the Zeigler award settled another sexual harassment case with Beth Kalikoff, a former untenured English professor who charged she had been denied tenure because she helped two female students file sexual harassment complaints against two tenured male English professors. The amount of the settlement was undisclosed $500,000 Vermont jury awarded $500,000 to Leroy Logan, who had been dismissed from Bennington College (VT) after he was accused of sexually assaulting a male stu- dent. His dismissal came after a committee of faculty, staff, and stu- dents found that he had sexually assaulted a student during a semes- ter in Wales. Logan sued for breach of con Women's Issues Project National Association for Women in Education Suite 210. 1325 18th Street Washington 20036-6511 Project Director: Patricia A. Farrant Editor: Bernice Resnick Sandler Business Manager: Patricia Rueckel The Women's Issues Project of the National Associa- tion for Women in Education publishes the quarterly newsletter About Women on Campus in cooperation with the Center for Women Policy Studies to provide information about programs, isses. and concerns of women students, faculty, and administrators. Asso- ciation members receive About Women on Campus as part of their $75 membership tee. Individual sub- scriptions are $20 for one year and $35 for two years Institutional subscriptions are S28 for one year and S50 for two years. ISSN: 1061 768X Application to mail 2nd class postage rate pending at Washington Postmaster: Send address change to About Women on Campus. 1325 18th Street NW. Suite 210, Washington 20036-6511 Volume 3, Number 4, Fall 1994 \u00a9 1994 by the National Association for Women in Education The National Association for Women in Education is an independent nonprofit professional organization dedicated to the education and professional and Personal development of women and girls An impor- tant force in American education for more than 75 years. the Association is at a crossroads, serving new populations, expanding its so, vices, and developing new and innovative programs to meet the ever changing needs of women in education The National Association for Women in Education does not disciminate on the basis of race, color. national origin. religion, sex, age, al fectional or sexual orientation, or disability in any of its policies. proce dures, programs. or practices Published with support rom the Marriott Corpora. lion. Education Services tract, charging that the committee had restricted his right to defend himself at the hearing by not allow- ing him to have a lawyer present. Logan's challenge that he was entitled to due process in employ- ment-related matters even though Bennington is a private institution was rejected by the judge before the case came to trial. In an unusual move, the jury ignored the judge's instructions that they must limit the amount of com- pensatory damages to $272,712, the terms of Logan's five-year contract. Whether Bennington will appeal is not known $529,836 When Cynthia Fisher did not get tenure as a biology professor, she charged Vassar with discrimi- nation, stating that the school de- nied her tenure partly because she was older than her peers and mar- ried with children and that, for the same reason, she was paid less than men or single women in her depart- ment with lesser credentials. The 102-page opinion by Judge Constance Baker Motley noted that in the 30 years before Fisher's tenure review, no married woman had been granted tenure in the hard sciences. Vassar was also ordered to rehire Fisher for a two-year period $328,000 California State University at San Jose agreed to pay $328,000 to its former associate athletic director to settle her suit which charged that 1 1994 she had been wrongfully termi- nated in 1991. Mary Zimmerman had been at San Jose since 1982, serving as women's athletic direc- tor until 1987, when the men's and women's departments merged, and then serving as associate athletic directo . Zimmerman charged she had been fired because of sex dis- crimination and her advocacy of gender equity. San Jose is also being investi- gated by the U.S. Office for Civil Rights of the Department of Educa- tion for violations of Title Three noted feminists have received MacArthur awards in recognition of their innovative contributions Charlotte Bunch, Director, Center for Women's Global Leadership, Douglass Col- lege, Rutgers University, New Brunswick Heidi Hartmann, Director, Institute for Women's Policy Research. Washington Adrienne Rich, writer and poet The awards, often called \"genius\" awards, carry a sub- stantial amount of money. Older recipients receive higher amounts. Congratulations Old Dominion University (VA) routinely sends women can- didates for positions at the College of Arts and Letters a one-page flyer which describes women at ODU. An introduction discussing ODU's commitment to women is followed by a description of the women's studies program, the university women's caucus, and the women's center. Four women faculty tell how is good for women and the flyer concludes with a message from the dean similar flyer could be used at other institutions. One could also be developed for women students in general. For copies of the flyer, write Dean Charles 0. Burgess, Old Dominion University, Norfolk 23529 Northwestern University (IL) has promised to actively recruit openly gay and lesbian employees. Although gays and lesbians are of- ten protected against discrimina- tion by internal institutional poli- cies and although some schools state in job advertisements that they do not discriminate on the basis of sexual orientation. Northwestern may be the first to actively recruit gay and lesbian employees. In March 1993, Northwestern trustees approved a strategic plan that expands the list of underrepresented groups that the school must recruit, adding openly gay persons, people with disabili- ties, and veterans Domestic Partner Benefits Case Study examines how Stanford University developed and imple- mented a program to provide fringe benefits to domestic partners of its employees and their children. The monograph, which grew out of an internal report submitted to Stanford's committee on faculty and staff benefits, examines ethical, administrative, legal, and cost is- sues related to whether the univer- sity could extend health benefits, tuition grant benefits, athletic and library privileges andmore to a new group of beneficiaries. It discusses definition problems, describes a registration and deregistration pro- cess, and provides a sample domes- tic partner form. Stanford trustees voted to adopt benefits for same- sex partners of employees but did not approve benefits for opposite- sex partners. The booklet is published as part of the Human Resource Mono- graph Series of the College and University Personnel Association. Available for $15 for mem- bers, $20 for nonmembers, from CUPA, 1233 20th Street NW, Suite 301, Washington 20036-1250. \"Equal Pay for Equal Families\" describes campus developments in providing domestic partner ben- efits, discusses many of the issues 0 1994 65 described above, and lists 24 uni- versities which offer benefits. The article, by M.V. Badgett, appeared in the May-June 1994 issue of Aca- deme, a publication of the Ameri- can Association of University Pro- fessors, pp. 26-30 new group, open to profes- sors and students, will work to maintain legitimacy of student/fac- ulty romances, including those occuring while a student is enrolled in the professor's class. Members object to the banning of such relationships, calling it \"tyr- anny\" that infantilizes women and rejecting the notion that such rela- tionships can fall under the rubric of sexual harassment. About 50 people belong, according to Barry M. Dank, a sociologist at California State University at Long Beach, who organized the group and is himself involved with a student. No numbers are available on how many institutions prohibit or warn against such relationships. What is clear, however, is that the fact that a relationship was once consensual is no defense against a subsequent charge of sexual harass- ment. Often a consensual relation- ship turns into sexually harassing behavior when the student attempts to leave it Taylor August, director of the regional Office for Civil Rights of the U.S. Department of Education in Dallas, has been accused of sexu- ally harassing members of his staff. The Dallas office is responsible for enforcement of several civil rights laws such as Title which prohib- its sexual discrimination, including sexual harassment, in educational institutions. The region includes schools in Arkansas, Louisiana, New Mexico, Texas, and Okla- homa. The Department of Education is investigating the complaint, which was sparked by three Texas mem- bers of the U.S. House of Represen- tatives who contacted the Secretary of the Department of Education after they communicated with members of August's staff When neurosurgeon Frances K. Conley told the nation about how she had been sexually harassed by colleagues at Stanford University Medical Center, she received wide- spread coverage in the nation's press. Now another woman has ac- cused Stanford of not taking sexual harassment complaints seriously. Helen Bae has accused noted psy- chologist and emeritus professor Seymour Levine of making sexual remarks and touching her in an tin wanted and aggressive manner. Bae's attorney, Jennifer Drobac, earned her bachelor's, master's and law degrees from Stanford: her great-grandfather, in- dustrialist Henry Kaiser, gave gen- erously to the university The U.S. 1partment of Edu- cation has issued a new set of guidelines and regulations: Guidelines for the Office for Civil Rights staff on how to inves- tigate racial incidents and harass- ment against students. The guide- lines build on sexual harassment court decisions concerning a hostile environment. (Note is currently developing materials to provide guidance on dealing with hostile environment sexual harassment.) For further informa- tion contact: Jeanette J. Lim, U.S. Department of Education, Room 5036 Switzer Building, 400 Mary- land Avenue, SW, Washington, DC, 20202-1174. The final regulation for institutions to follow in imple- menting the Campus Security Act, concerning policies and the reporting of criminal acts on campus. Statistics about the incidence of rape and other sexual offenses including forcible fondling must be included. Among other things the institution must also disseminate its policy concerning sexual assault, what programs it conducts and what procedures should be followed if an assault occurs. The regulation appeared in the Federal Register, April 28, 1944 4 1994 The U.S. Supreme Court has refused to review a federal appeals court decision which ruled that Co- lumbia University was liable for the harassing actions of one of its offi- cials, even though the university had reasonable procedures in place and dealt promptly with the com- plaint when it arose. The Supreme Court's decision reinstates a 1990 lawsuit by former student, Sharon Karibian, who charged she was forced into a sexual relationship by Mark Urban, her supervisor in the development office. Urban maintained that the relationship was consensual. Co- lumbia claimed no liability because they handled the complaint promptly and pressured Urban to resign, which he did federal dis- trict court accepted Columbia's reasoning and dismissed the case, but the U.S. Court of Appeals for the Second Circuit disagreed, stat- ing that since Urban was a Colum- bia employee, the school was re- sponsible for his conduct. Briefs in support of Columbia were submitted by the Commission on Independent Colleges and Uni- Are Harassing E-Mail Messages Electronic Violations of Stalking Laws? Institutions might want to ex- amine their harassment policies and state anti-stalking laws to de- termine how they will deal with stu- dents who threaten other students via e-mail Michigan man has been charged with violating Michigai 's anti-stalking law for sending threat- ening messages via e-mail to a woman he met through a video dat- ing service. After meeting a few times and exchanging messages on their computers, she told him to \"get lost.\" Andy Archambeau then left a message on thewoman's answering machine saying that he had secretly watched her leave work. Although he did not threaten her directly, some of his remarks could be con- strued as putting her safety in jeop- ardy. The woman called police, who told Archambeau to have no con- tact with her by telephone or com- puter. He sent her additional mes- sages, including a threat to e-mail their \"story\" to America Online and to her parents and friends, includ- ing the comment \"This letter is the LEASTof the many things could do to annoy you.\" Dave Bansar, a policy analyst with the Electronic Privacy Informa- tion Center in Washington, DC, says that electronic stalking should not be treated any differently than physical stalking. \"If it's considered stalking when you send mail through the U.S. Postal Service or over the phone, the same kind of rationale should be used for elec- tronic networks.\" Although many institutional sexual harassment policies could be interpreted to cover electronic harassment, few if any do so specifi- cally 1994 versities in New York and by a group of colleges and universities, including Brown, Johns Hopkins, Princeton, Stanford, the Presi- dent's Council of the State Univer- sities of Michigan, the Universities of California and Illinois, and others. The briefs suggest that if colleges and universities had to supervise \"verbal expression\" or monitor employee conduct and speech, this would clash with tradi- tional values of academic freedom and free speech. Karibian's attorneys argued that when a supervisor uses the employer's authority, he becomes the employer vis-a-vis the em- ployee. \"It is the employer, not the victim, who is in the better position to prevent a supervisor from using his delegated authority to sexually harass a subordinate employee and to pay the cost if such harassment occurs The U.S. Court of Appeals for the Third Circuit has held for the first time that an employer is liable for post-employment retaliation against employees who file com- plaints of discrimination, including sexual harassment. The case involved a New Jersey school teacher who was fired after she charged that her supervisor had made unwanted advances toward her, which she rebuffed. After her dismissal and when she filed charges in state and federal court 6 7 the school began proceedings to re- voke her teaching license. The court ruled that \"an ex- employee may file a retaliation action against a previous employer for retaliatory conduct occurring after the end of the employment relationship when the retaliatory act is in reprisal for a protected act within the meaning of [Title of the Civil Rights Act] and arises out of or is related to the employment relationship.\" Although the case did not involve a postsecondary institu- tion, it covers universities and colleges as employers The Equal Employment Op- portunity Commission, which en- forces Title of the Civil Rights Act, has found that the University of Miami purposely discriminated and retaliated against a female pro- fessor who filed a sexual harass- ment complaint against a promi- nent scholar. (Title prohibits employment discrimination, in- cluding sexual harassment.) Vendulka Kubalkova accused Soviet expert Jiri Valenta of sexual harassment. Valenta was dismissed shortly thereafter. Kubalkova is now suing UM, charging that the dean of the Graduate School of International Studies denied her lucrative assignments and perks, such as directing an institute or overseeing a grant. Charging violations of Title VII, Title of the Education Amendments (prohibiting sex discrimination in educational institutions), she is seeking com- pensation for emotional duress and differences in pay she might have received An innovative poster calling on men to help prevent sexual assault has been published by Sexual Assault Services at Rutgers Univer- sity. Unlike most efforts to prevent acquaintance assault which focus on women as potential victims or as survivors, this poster focuses on men and has a blunt messagethat real men respect other people. Entitled \"The Real Men of Rutgers,\" the poster features photos of 12 male students who condemn sexual vio- lence. Participants include athletes, student government leaders, and fra- ternity members and reflect the many cultures and diverse student groups represented on campus. Under each student's picture is a short description of his accomplish- ments and a statement condemning violence against women. Most of the men who were asked to take part in the project accepted. Created by graduate student Jay Bernhardt, the poster has been placed in residence halls, student centers, and other busy areas. The idea can be readily adapted for use on other campuses.The poster is available for $15 from Sexual Assault Services at Rutgers Uni- versity, New Brunswick 08903 new study indicates that the percentage of women who drink alcohol primarily to get drunk has tripled since the mid-1970s so that it now nearly equals the percentage of men who do so. Thirty-five percent of college women polled in 1993 reported that they drank to get drunk. Increased rates of drinking have led to high percentages of rape, vio- lence, arid accidents. The study re- vealed that 90 percent of reported campus rapes occur when either the assailant or his victim, or both, have been drinking. Ninety percent of violent campus crimes and 80 per- cent of campus vandalism also in- volve alcohol. Sixty percent of col- lege women who had been diag- nosed with a sexually transmitted disease such as herpes or were drunk at the time of infection. White male students averaged nine drinks a week, followed by Latino men (5.8 drinks), white women (4.1 drinks), and African American men (3.6 drinks). Afri- can American women reported the least, averaging one drink a week. [ 6 4 1994 Discrimination complaints, especially those concerning sexual harassment, have been increasing. The Equal Employ- ment Opportunity Commis- sion, the agency dealing with discrimination cases under Title (which prohibits dis- crimination against employees) reports that the number of cases involving sexual harassment nearly doubled from 1991 to 1993, to 11,908. The Office for Civil Rights at the U.S. Department of Educa- tion reports that more colleges were cited for discrimination in 1993; findings of sex discrimi- nation cases doubled to 44 from 1992 to 1993. Sexual ha- rassment complaints jumped to in contrast to 40 two years earlier In 1993, employees won twice as much money in sexual harassment charges resolved by the Equal Em- ployment Opportunity Com- mission as those whose cases were resolved in 1992. The Center for Women in Govern- ment reports that approxi- mately 1,500 people won 25.5 million in monetary ben- efits from their employers in 1993, compared to some 1,300 people who won $12.7 million the previous year. The money covered back pay, re- medial relief, damages, pro- motions, and reinstatements. Over 8,000 people in 1993 won non-monetary benefits such as policy changes, train- ing programs, and other mea- sures to stop discrimination The Center for Women in Government also reports that a higher percentage of sexual harassment charges, com- pared to other charges of dis- crimination, are resolved by the Equal Employment Op- portunity Commission with outcomes favorable to the person who made the charge. No reasonable cause was found in only 33.4 percent of the cases during 1993. College men still drink more than college women; 54 percent of men reported binge drinking in the previous two weeks, compared to 38 percent of the women. The report was issued by the National Commission on Sub- stance Abuse at Colleges and Uni- versities, with data collected by Columbia University's Center on Addiction and Substance Abuse. Data from other studies were also included In June 1993, the Pennsylva- nia State Supreme Court ruled that saying \"no\" to a sexual assault is not enough to prove that a woman was raped. The woman must show proof of \"forcible compulsion\" or the \"threat of force.\" The unanimous ruling was seen as a major setback for women who have been sexually assaulted in Pennsylvania; it goes against the trend to define rape as sexual as- sault without consent rather than to require proof of force. The case involved two East Stroudsburg University students. The woman had gone to a male student's room searching for a friend. Robert Berkowitz closed the door, placed her on a bed and had intercourse with her. Berkowitz did not threaten or physically restrain her. The woman did not resist or scream, although she continuously said \"no 0 1994 6 In Pennsylvania's sexual assault laws, force is the key issue: the laws do not deal with the issue of consent. Eleven days after the decision, the state Senate unanimously ap- proved legislation to change state law so that conviction would not require proof of force or threat of force. Similar legislation has been introduced in the Pennsylvania House. Since the decision, at least one rape case has been dropped. It involved a rape charge against a Salvation Army official which was invalidated because the woman did not fight back although she repeat- edly told the man to stop. The ruling affects all students in Pennsylvania colleges and univer- sities who bring criminal charges. It does not affect campus policies which use a definition of rape as sexual assault without consent No Nonsense Self-Defense: 10 Easy-To -Learn Techniques is a good reference for those interested in self-defense. The 31-page book- let summarizes basic easy-to-learn self-defense moves with clear illus- trations. Although probably best used as a reference for those taking self-defense classes, it would be useful to anyone interested in the subject. Available for $3.95 plus $2.00 shipping from the Company, 16478 Beach Blvd., #330C, Westminster 92683 federal judge ruled that The Citadel must admit Shannon Faulkner immediately, but the deci- sion was then overturned by a fed- eral appeals court. Judge C. Weston Houck had declared that excluding women from the college's Corps of Cadets violates the equal protection provisions of the Fourteenth Amendment. Faulkner applied to The Citadel in 1993, after asking her high school guidance counselor to delete all references to her gender from her application. She was readily admit- ted (she had a 4.0 grade-point aver- age and a varsity athletic record), but was rejected when the school learned she is female. Under a court order, Faulkner has been attending classes with other cadets, but has not been allowed to live on campus, drill with the cadets, eat with them, wear the Citadel uniform, or have any other privileges the 1,950 ca- dets hold. She has described numer- ous instances of harassment, in- cluding lewd and offensive remarks made by cadets and townspeople. Judge Houck had ordered the school to devise a constitutional remedy for future female appli- cants, with the aim of instituting it for the 1995-96 school year. Al- though the possibility had been left open that the school could establish a parallel program for women at another college. The Citadel has so far been unable to find another insti- tution in South Carolina willing to do so. In May 1994, a Virginia judge allowed a parallel program for Virginia Military Institute to be set up at Mary Baldwin College, a private institution for women. The Citadel and Virginia Mili- tary Institute are the only two all- male state-supported colleges in the nation. This latest decision will be appealed It's easyand cost-effectiveto advertise in the About Women on Campus Job Line and Etcetera. Quarter page (3 1/2\" x 5\") $150 Half page (3 1/2\" x 9 1/2\" or 7\" x 5\") $200 Full page (7\" x 9 1/2\") $300 We can accept camera-ready display ads or set type from your copy. For more information or to reserve ad space, call 202/659-9330 or 202/497-0946 or write: About Women on Campus 1325 18th Street NW, Suite 210 Washington 20036-6511 8 4 1994 Compared to those of a decade ago, today's college women are diet- ing less, are weighing about five pounds more, and are happier in general new study of current and former Harvard and Radcliffe under- graduates shows that dieting and eat- ing disorders for women declined about nine percent during the ten- year period. The study also found that women with a history of dieting and eating disorders worry less about their weight ten years later. In contrast, almost half of the men gained at least ten pounds after col- lege and became dieters by age thirty; some developed eating disorders. Thus, ten years after college, men are less happy with their bodies than they were as students; women became less preoccupied with weight and happier with their bodies during the same period. The study was conducted by Todd Heatherton of the Harvard psy- chology department The clans of 1998 at the Yale School of Medicine will graduate more women doctors than men: 55 percent of those admitted are women Hood College (MD) has an- nounced the formation of the Tidball Center for the Study. of Educational Environments, to be co-directed by Elizabeth and Charles S. Tidball, who have worked on issues involving small colleges, undergraduate education and women's colleges. In 1973, Elizabeth Tidball was the first person to study women's post-college careers. She noted then that graduates of women's col- leges are two to three times as likely as women graduates of coeduca- tional institutions to be recognized for their career accomplishments In what may be the first perma- nent campus shelter for battered women students, Michigan State University has opened a refuge to serve as temporary shelter for women experiencing domestic violence. The school is also developing education programs for abusers and their vic- tims. Although rarely talked about, male violence against women stu- dents is not uncommon. Most inci- dents are not reported: Although only five cases were reported at Michigan State in 1993, university police offic- ers believe that at least 15 percent of the 181 assaults reported involved domestic violence. When physical abuse occurs, some students leave school or trans- fer to get away from abusive boy- friends. Wives of foreign students may be beaten. Some married women students may also endure violence. Joanne McPherson, wife of the president, played a major role We found these examples in the newsletter of the Margaret Cuninggim Women's Center at Vanderbilt University. They illustrate how the use of the generic \"he\" and \"man\" for all humans can not only be sexist but also silly: \"Man, being a mammal, breast feeds his young gynecologist was awarded a medical award for service to his fellowman.\" 'The individual's freedom to bear children should not be defined by his education, income, or race reference to studies of the development of the uterus in rats, guinea pigs and men.\" \"Menstrual pain accounts for an enormous loss of manpower hours.\" We're not sure where these examples originated. If you know, let us know so we can give credit to the author 4 1994 '1 in getting the university to open the shelter. The university will coordi- nate its program with local programs, train volunteers to run it, and train campus police and employees of the medical center to be more aware of the signs of domestic violence. The shelter can house up to eight people (women and their children) for up to five days. Some campuses can provide shelter for an occasional single battered woman, but the Michigan shelter is the first at a per- manent site * Being the first woman to pitch in a college baseball game can bring out the worst in other players. When Ila Broders, a first-year student at Southern California College, pitched against the University of California at San Diego San Diego team members called her names and used profanities towards her throughout the game. An spokesperson stated that the players were \"very abusive.\" Borders said she was \"used\" to such language and added don't think it should be a gender issue. I'm just an athlete trying to get people out.\" It is not known how the San Diego coach responded to his team's \"unsportspersonlike\" behavior Two football players were suspended from their team because of illegal sexual behavior. One stu- dent was fined $500 by local au- thorities and sentenced to 40 hours on a work crew for illegally tape- recording a sexual encounter with a date. The other was charged by lo- cal police with sexual battery received a go-ahead from a California court to drop men's swimming and gymnastic teams. The court refused to issue a preliminary injunction which would have pre- vented the school from dropping the teams. In the summer of 1993 announced that it would drop the two men's teams and the women's gym- nastic team in order to save money. When a group of female gymnasts threatened to file a sex-discrimina- tion lawsuit decided to hold on to its female gymnastics team Women's hockey is engaging more students than ever before. There are now 40 college teams-16 varsity programs, and 24 at the club level. (There are 123 men's varsity teams.) Women's hockey will be a medal sport for the first time at the 1998 Olympics in Japan. Between 1989 and 1993, the number of women's teams recognized by Hockey grew from 138 to 269 The Stronger Women Get, The More Men Love Football: Sexism and the American Culture of Sports sere is the definitive hook on how sports influences our culture, the psyches of men and women and their relationships with each other. Author Nlariah Burton Nelson writes with keen insight and humor as she examines the collision of sports, sexuality and gender relationships. Despite two decades of feminist gains, men's sports are still fertile ground for learning contempt for women. Nelson describes affairs between coaches and underage female players and gang rapes of women by male athletes. Noting that sports are more than \"just a game,\" she analyzes the culture of sports and the symbolic messages we all receive from them about men, women, love, sex, and power low sports participation empowers women is also discussed. The 30q-page book is available from larcourt Brace Company, New York 10010 for $22.95. 10 0 1994 Although more women than ever are majoring in predominantly male fields, the rate of increase has slowed down considerably study by University of Pennsylva- nia sociologist Jerry A. Jacobs notes that the increase in women is stalling well before parity has bi!en achieved. Jacobs believes that the reasons for the slowdown are related to the fact that most universities are no longer encouraging women to en- roll in nontraditional fields. He also found that when women switch majors, they tend to move to fields dominated by women. Few institutions keep data about migration of majors; of those that do, few keep it by gender and race for each major. Such informa- tion would help determine whether women are more likely than men to drop out of certain fields Women considering careers in science, mathematics, and engi- neering can now choose a residence hall where they can live with others with the same interests. The Wing (Women in Science and En- gineering) opened last fall in UM's Couzens Residence Hall and will provide women with numerous op- portunities. First-year students will be able to form peer study groups, attend special workshops and sec- tions of first-year classes in their residence halls, and have opportu- nities to meet with women scien- tists, mathematicians and engi- neers. Douglass College, the women's college at Rutgers University (NJ) and Pennsylvania. State University have similar dormitories for women in math and science SCIENCES? You can find a list of sources describing the contributions of Af- rican-American women in science, technology, medicine and related disciplines in African-American Women in the Sciences and Related Disciplines. If not in your library's general or government documents collection, you can request 93- 4 Science 'Tracer Bullet Series, from the Library of Congress, Sci- ence and Technology Division, Washington 20540 study of nearly 600 students at Wellesley College administered at the end of their sophomore year, when majors are chosen, coupled with data from alumnae science and mathematics majors from 1983- 1991, suggests that four factors are essential: Encouragement from parents, with encouragement from mothers as important as that of fathers Mentors who provide consistent encouragement over time and main- tain an overall interest in the student's experiences Opportunities to do hands-on research (a critical factor in the choice of major and whether women stayed in science after college) Comprehensive career advice about a range of science-related jobs. The information appears in Path- ways for Women in the Sciences, Part I, the first report of a longitudi- nal study by Paula Rayman and Belle Brett, published by the Wellesley College Center for Re- search on Women, 106 Central Street, Wellesley 02181- 8259. The report costs $20.00 The first women's college opened since the communist take- over in 1949, the International Women's College was founded in May, 1993. It offers a woman-cen- tered curriculum and its president, Li Sizojiang, is one of China's fore- most scholars in the field of women's studies. For further information contact the Foreign Affairs Office, Zhengzhou University, Zhengzhou 450042, Hunan Province, People's Republic of China, or contact Pro- fessor Maria Jaschok, Fax: 0086- 371- 3937973 4 1994 11 73 At least 40 percent of all fac- ulty promotions at Edith Cowan University in Perth. Australia, will go to women. Although women hold one-third of all faculty posi- tions in Australia, the pattern there is identical to that in the United States and elsewhere: the higher the rank, the fewer the women. Women are uncommon at the senior lec- turer level and above, but are the majority of tutors and senior tutors. Edith Cowan already has the highest percentage of women in western Australia; nearly 19 per- cent of the female faculty hold jobs at the senior lecturer level or above. Department-based selection com- mittees will be expected to include women among all those nominated for promotion. The policy was ap- proved by the federal affirmative action agency and Western Australia's equal-opportunity commissioner. Edith Cowan is the first institution of higher education in Australia to adopt such a policy WOMEN? The National Women's His- tory Project has a large number of materials suitable for classrooms at all levels, for displays, and for other uses. Contact them at 7738 Bell Road, Windsor 95492 The Common Catalogue is a new directory which lists all member centers of the National Council for Research on Women. Information about the 75 centers includes a description of activities, contact per- sons, and selected lists of publica- tions. The appendices include a list of centers willing to sell or exchange mailing lists, center publications which accept advertising, geographi- cal index by state, type of work/cen- ter index, type of work/title index, author/administrator index, and an index of keywords. The 158-page report will be of help to anyone looking for resources, publications, information, and ex- perts in particular areas. Available for $10.00 from the National Council for Research on Women, 530 Broadway, 10th floor, New York 10012 Three new books by and about African-American women should serve as resources for women's stud- ies courses as well as for those in English and writing: The Unforgetting Heart: An Anthology of Short Stories by African American Women 1859-1993, Asha Kanwar, ed. San Francisco: Ann Lute Books, 1993. 292 pp., $9.95. Wild Women Don't Wear No Blues: Black Women Writers on Love, Men and Sex, Marita Golden, ed. New York: Doubleday, 1993. 256 pp. $22.50. Written by Herself: Literary Production by African American Women 1746-1892, by Frances Smith Foster. Bloomington: Indiana University Press, 1993. 206p. $12.95. The books were reviewed in Feminist Collections (15:2), Winter 1994, published by the University of Wisconsin System Women's Studies Librarian, 430 Memorial Library, 728 State Street, Madison 53706 POSTERS? The Organization for Equal Education of the Sexes. Inc., has a series of posters of women of achievement and another set of women at work. The pictures are drawn from diverse cultures, races, and ethnic groups. For their cata- logue of nearly 100 posters, send $2.00 to OEES, P.O. Box 438, Dept. WA, Blue Hill 04614 MATERIALS? The Women's Educational Eq- uity Act Publishing Center is a na- tional resource center providing ma- terials appropriate for use in both postsecondary and elementary/sec- ondary settings. The resources cover a wide range of information, such as materials for administrators in com- munity colleges, programs for re- turning women students, career train- ing, materials aimed at those working with women of color, programs for displaced homemakers, and pro- grams for single mothers. For a copy of the free catalogue, call 1-800-225-3088. 12 1994 ADMINISTRATION? Yes, according to Different Voices: Gender and Perspective in Student Affairs Administration. The 103-page monograph covers a num- ber of issues from students including differing patterns of knowing, to leadership and management, conflict management, trends and new ap- proaches. Published by the National Association of Student Personnel Administrators, 1875 Connecticut Avenue, NW, Suite 418, Washing- ton 20009-5728. Cost: $9.95 The Complete Handbook for College Women: Making the Most of Your College Experience gives ex- pert advice on being on one's own for the first time, staying healthy and safe, living in a diverse environment, gettifig along with a roommate, and assertiveness and conflict resolution. Also included are chapters on alcohol and drugs, eating disorders, sexual- ity, sexual harassment, and sexual abuse. The book will be of help to college-bound women and students already at school as well as adminis- trators and parents. The 393-page hook, written by Carol Weinberg, is available for $15.95 from New York University Press, Washington Square, New York 10003 Closing the Gender Gap: Edu- eating Girls is a report which summa- rizes and ranks the educational status of girls in 112 countries, about 95 percent of the world's population Female Education Index and Cost Estimates for Equalizing Enrollment of Girls and Boys include data on the number of female students per 100 males in primary and secondary school and the average number of years of schooling for females. The Female Education Index ranks countries on a 100-point scale and includes information about in- fant mortality arid average family size. Countries with the largest gen- der gap in literacy rates are also por- trayed in a another chart. The gender gap in educational attainment is also shown by region. Explanatory text describes the several charts and gives additional information about the education of girls. The information is printed on both sides of a 23-1/2 x 22 inch chart that can be hung on a wall. The full-color chart is the \"1993 Report on World Progress Toward Population Stabilization,\" the fourth in a series of reports by Population Action International, 1120 19th Street, NW, Suite 550, Washington 20036. Available in English, Spanish or French, it costs $5.00 each, $4.00 for two or more \"The Century of Women,\" shown on the Turner Broadcasting System in June 1994 is available on three video tapes. The shows, which portray events and people in the history of women in the United 0 1994 States, rely heavily on information and pictures from the Schlesinger Library at Radcliffe College. The three-cassette boxed set costs $49.98: a 224-page book, The Cen- tury of Women, costs $24.95. Both can be ordered for $69.98. To order, call 1-800-308-8080. The videos are appropriate for women's stud- ies and other classes About Women on Campus editor Bernice Sandler has joined the National Association for Women in Education (NAWE1 as a Senior Scholar in Residence She will continue her work speaking at uni- versities and colleges, writing, tes- tifying as an expert witness. and consulting on women's equity is- sues With grants from the Fund for the Improvement of Postsecondary Education (APSE.) and the Lilly Endowment. Sandler, along with Roberta Hall and Lisa Silverberg. is currently writing a report on the chilly climate for women in the classroom The report, which will be available in late spring 1995, will be published and disseminated by Sandler's office is at 1350 Con- necticut Avenue NW, Suite 850. Washington 20036 Telephone 202-833-3331. Fax 202-785-5605. e-mail bsandlereltmn corn 131 Office of Women in Higher Education Convenes Women Presidents' Summit Acall for women presi- dents to take a leadership role in setting public policy agendas and in shaping society in the twenty- first century characterized the recommendations emerging from the American Council on Education Office of Women in Higher Education's second Women Presidents' Summit in .lune 1994. The summit, which drew 33 women presidents from the U.S. and abroad, was designed to stimulate dialogue and ideas and to lay the groundwork for an action agenda at the national and global levels. The Blueprint that grew out of the sessions recog- nizes that in order to achieve fundamental and far-reaching change, women must forge an ironclad partnershp not only among themselves, but with their male colleagues. Once in place, this partnership must strive to view the world through new lenses and to connect not only across gender lines but across lines of culture, class, profession, and nationality. While the summit produced a lengthy list of recommenda- tions for the role women cc Mew and university presidents can play in shaping the next century, three predominant themes emerged redefinition of war and peace. In redefining wars to include forms of violence (e.g., date rape) and discord (e.g., pro- motion and tenure policies) closer to home on each of our campuses, and rethinking peace as a state of living in which con- flict is settled by negotiation, the blueprint encourages women presidents to play a number of key leadership roles: to build on- campus initiatives that empha- size global interconnectedness, to promote the study of foreign languages and internationalizing the curriculum, to encourage the inclusion of conflict manage- ment and resolution skills in the curriculum, and to collaborate with other institutions to advance the peace agenda and address issues of poverty that lead to violence. The need to include women in all dialogues and decisions about the economy and the environment. Women presidents are encouraged to teach by example, conveying concern, on their campuses and in their communities, for envi- ronmental impact and for the problems confronting the poor and the working people in our society. They are also encour- aged to create networks of post- secondary institutions to work together on these issues, to ex- amine what has been learned from women's colleges about what is good for education gen- erally, and to work toward estab- lishing a \"critical mass\" of women in leadership positions in educa- tion and other areas. The need to help women effectively integrate their public and private lives. Women presidents are encour- aged to visibly embody their multiple roles, maintaining a bal- ance between a \"tough mind and a tender heart,\" and to support other women in doing the same. In clusters, they can establish linkages with other women's The Summit Blueprint invites women college presidents around the world to: Expand their vision of society Contribute to the process of change Build a network that is committed to changing the roles of men and women 14 0 1994 groups and use these relation- ships to educate their male coun- terparts, to advocate women's perspectives in policy-making processes, to create an environ- ment that is supportive of family life, and to develop an agenda for addressing the issues that cause conflict between our public and private lives. While the agenda that has emerged from the two summits is a formidable oneone that calls for changing the ways in which almost all of the world's societies work, authors of the Blueprint recognize that the education arena is an important base from which to reconceptualize soci- ety. The Blueprint and the sum- mits represent an invitation to women presidents, both across the country and around the world, to expand their vision of society, to contribute to the pro- cess of change, and to build a network that is committed to changing the roles of men and women. Notes prepared by Dr. Carol A. Moore, Provost and Vice President for Academic Affairs, Mercy College, Dobbs Ferry, NY. The Women's Research and Education Institute Social Security improved the economic comfort of most seniors but older women's income and the disparity of what men have at retirement versus what women have are quite different. What is needed is a research arm to study all issues for gender differences With this comment, made in 1977 by Elizabeth Holtzman. then co-chair of the Congresswomen's Caucus, the first chapter in the his- tory of the Women's Research and Education Institute (WREI) was be- gun. Betty Parsons Dooley and Susan Scanlan became the first staff members of the Congres- sional Caucus on Women's Issues research teamtoday known as the Women's Research and Education Institute, and the Ford Foundation made a generous grant for broadly defined core support Dooley is cur- rently Executive Director. For the past 17 years has been involved in many studies on women Results of studies on such topics as deinstitutionali- zation of women, the impact of the Reagan budget on women, child care, health care, parental leave, education, and housing have pro- vided invaluable information for Congress and other policy-makers In addition to research, the Insti- tute also publishes research re- ports. prepares briefing papers, and holds conferences Taking a bipartisan approach and providing fair, timely, and in- sightful information has from its earliest days sought to facilitate and strengthen links between researchers and policy- makers concerned with issues of particular importance to women number of exciting projects are now under way at Congressional Fellowships. Each academic year since 1980, a number of women graduate stu- dents have been selected to receive fellowships to work as legislative aides in Congressional offices. where they gain practical, hands-on experience in policymaking in the federal legislative process Fellows receive stipends for tuition and liv- ing expenses and earn graduate credit. This year, the Soros Founda- tion provided a grant that enabled three women from three Newly In- dependent States to participate in the program The fellows en- hance the research capacities of Congressional offices, especially with respect to the implications for women of existing and proposed legislation The American Woman Series has published five compre- hensive compendia of information about women in America their de- mographics, education, employ- ment, earnings and benefits, eco- nomic security, and elected offi- rABOUT 1994 15 77 cials recent issue on women and health explores the contradictions and omissions in our health care system. Previous editions have concentrated on elected women. the educational status of women of color. and the legacy of the past three decades of the women's movement. The American Woman: Where We Stand-Women and Economics will be released in spring 1996 Women in the Military. In 1990 received grants from the Department cf Labor to study what women do while in the service and what happens to them as they leave it As the military downsizes active forces, many veterans are unem- ployed. Nine percent of all those on the unemployment rolls are veter- ans. for women veterans, the figure is 11 percent Part of the problem women veterans face stems from the general perception that all vet- erans are men and that conse- quently their skills are limited to traditional combat and combat service support areas But at present. there are more than 250.000 women on active duty as medical care providers, mechanics. pilots. air traffic controllers. mililtary policewomen, and admin- istrators WREI's project \"Hire a Veteran: She's a Good Investment,\" is intended to link businesses and associations with talented, experi- enced women veterans Women in Health. In 1986 became involved in health care is- sues . sponsoring a conference with the Congressional Black Caucus and Hispanic Caucus on access to health care When Congresswomen picked up this issue began to concentrate more focus on health care Their aim is to analyze the status of women in our health care system, especially as Congress en- deavors to change the current deliv- ery system \"Our major concern is how women gain access to preventive care and how they afford it was the first organization to iden- tify that women spend twice as much as men for health care during their reproductive years Women pay over 50 percent out of pocket in terms of birth control,\" Betty Dooley says. Of the possible effects on women of a new health care package, she thinks that \"the final health care plan will short-change women, because it appears that what will come out of congress again will rely on where you are in the workforce Because more women than men are employed in jobs that do not have health care as a benefit, many do not get preventive health carelike mammograms and pap smearsthat saves wome s lives, simply because they cannot afford it Whatever the outcome of new legislation on health care will continue its efforts to improve public and Congressional aware- ness of women's struggle to gain equal access to health care And, until a bill is passed. it will continue to provide to policymakers reliable data on the need to include com- prehensive. affordable health care for all women emphasizes the provision of research to those who want to make informed decisions about policies that affect women and en- courages the development of policy options that recognize the circum- stances o! women and their fami- lies urges researchers to con- sider the broader implications of their work, and it fosters the ex- change of ideas and expertise be- tween researchers who have techni- cal knowledge and policymakers who are familiar with the realities of the legislative process and of politi- cal constraints, the;-e.by promoting informed examination of policies from the perspective of their effects on women For information about the American Woman senes and other publica- tions and activities, contact WREI, 1700 18th Street NW. Suite 400, Washington 20009. 202-328-7070 This profile of the Women's Research and Education Institute was prepared by Gina Luke. Assistant to the General Counsel of the American Council on Edu- cation It is based on an interview with Betty Parsons Dooley Executive Director, and on Institute publications and materials { 16 1 1994 Loyola Marymount University of Los Angeles Dean, College of Communication and Fine Arts Loyola Marymount University invites applications for the position of Dean of the College of Communication and Fine Arts As Senior Academic Administrator of the College reporting directly to the Academic Vice President. the Dean shall provide overall leadership for tire College. Candidates should have an earned terminal degree (MFA. PhD), senior administrative experience. teaching and professional experience, and evidence of con tinting scholarlyicreative work Loyola Marymount University. steeped in Jesuit and Marymount traditions, is a comprehensive Catholic institution with emphasis on liberal arts. With a unique presence in Los Angeles, it enrolls 3.800 undergraduate. 1.300 law students, and 1,030 graduate students. The College offers and degrees in Commnication Arts, with tracks in televis,on production, film production, recording arts, screenwriting, and communication studies. In the Fine Ans, the College offers nationally accredited degrees in the disciplines of art and art history. dance, music, and theatre. The College has 40 full-time faculty. 632 undergraduate. and 76 graduate students. As Senior Academic Administrator, the Dean will be responsible for the planning, development. refinement, and evaluation of all programs in the College; the review of annual departmental budgets; the promotion and evaluation of faculty teaching, research. scholarship, and creative work; the annual review of faculty performance: the recruitment. admissions. records, and advisement of students within the College: in particular. strengthening the College's relationship with the arts and entertainment industry, and the development of resources for the College The position is available July 1,1995. The salary range is competitive and dependent upon qualifications and experience. Applications for the position will be received until November 1 or until the position is filled. Applicants should submit a letter of application. a current resume, and the names, addresses. and telephone numbers of three current professional references. Corre- spondence should be addressed to: Dr. Joseph G. Jabbra, Academic Vice President and Chair, Search Committee, Loyola Marymount University, Loyola Boulevard at West 80th Street, Los Angeles 90045. Loyola Marymount University is an Equal Opportunity, Affirmative Action Employer 1 Augustana College Dean of the College and Vice President for Academic Affairs Augustana College, a four-year residential liberal arts institution affiliated with the Evangelical Lutheran Church in America, is seeking nominations and applications for Dean of the College and Vice President for Academic Affairs. Augustana seeks to implement a program of education in liberal arts and professional programs within a Christian context. The Dean of the College is the Chief Academic Officer and reports directly to the President. The Dean of the College is responsible for the development, evaluation, and fiscal management of all academic programs. This individual provides strong leadership for academic programs and faculty development. Qualifications: Earned doctorate. Demonstrated commitment to academic excellence as evidenced by a successful record of academic and institutional accomplishment. The ability and commitment to energize and build consensus among the diverse constituencies within the college setting professional with significant ability to manage collaboratively, administratively, and fiscally in a liberal arts setting. Exceptional interpersonal, oral, and written skills Applications should include a current vita, a list of three references, and a brief statement detailing your educational philosophy and your profes- sional development goals. All nominations and applications should he in the hands of the Search Committee prior to November 1, 1994. Nominations, applications, and inquiries should be directed to: The Dean and Vice President of Academic Affairs Search Committee Augustana College 29th and Summit Sioux Falls 57197 Augustana College is an equal opportunity employer Director, Business-Higher Education Forum The American Council on Education is actively recruiting to till its position, Director, Business-Higher Education Forum. The Forum, founded 1978, is a membership organization of 100 academic and corporate chief execu- tives from major American businesses, colleges and univer- sities. Their goals are to address issues of mutual concern to the corporate and higher education communities, and to build consensus on how the two sectors can collaborate more effectively for the benefit of all society. Responsibilities Responsibilities include planning and administering the Forum's agenda, which includes the development of meet ings, publications, and programs; the management over- sight of the Forum, marketing the Forum to potential members; and serving as a link to national and interna- tional organizations on behalf of the Forum. Requirements The position requires excellent writing and speaking skills, strong intepersonal skills, experience with project manage- ment and fiscal oversight and demonstrated success in fundraising. Ideal candidate will have work experience in both the academic and business communities. Candidates must have the ability to function in a flat, \"hands on\" environment and work with both the Council and the governing board of the Forum. We seek a combination of work and education that would prepare the candidate to oversee this complex highly visible national program. Salary/Application oilers a competitive starting salary and benenis program and supportive work environment. Resumes and salary requirements should be sent to: Suzanne Forsyth, Director Human Resouces Department American Council on Education One Dupont Circle Washington 20036 The American Council on Education is an equal opportunity employer. 73 Public Affairs Office The American Council on Education (ACE), conveniently located near Metro in downtown Washington, seeks a dynamic, creative, enter- preneurial individual to serve as Assistant Director of its active, full-service Public Affairs Office. Extensive experience in public affairs/public relations is required. The Assistant Director works with the Director on planning and executing media and communications strategies, writes speeches, and carries out other writing, editing, and research projects. The Assistant Director also exercises general supevision of a national semi- monthly newsletter. Knowledge of higher education and federal policy issues and familiar- ity with electronic news media are desirable provides an excellent benefits package, competitive salary program, and congenial work environment. Screening of resumes will begin in late-August. Send resume and salary requirement to Public Affairs Search American Council on Education One Dupont Circle, NW, Room 804 Washington 20036 1995-96 The American Council on Education invites your application to the 1995-96 class of Fellows. The Fellows Program is a year-long internship designed to identify and develop future leaders in higher education. Candidates must have a minimum of five years of experience as faculty members and/or administrators in higher education. Women, minority and community college candidates are especially encouraged to apply. Application Deadline: November 1, 1994 For furTher information and applicobon matenois contact 800 20036-1193 (202) 939-9412 October 16-18. 1994 Radisson Hotel. Burlington. Vermont Presented by The University of Vermont in cooperation %%Rh the National Association for Ntimen in Education For more information or to register call 18001639-3188 or (802)656.2088. \\ 11\\11.1.1A .t)N1-1.R1- Nt ing. aiticmg 1111c1,: Sheila Tobias, Rc..11, h utpot.ition.1 Fimoilotion lot ,1 11 It'llt pllWIIIII114 t.t Ni! ,!, 11,41 171,1 Beverly Guy-Sheftall, In1111,In .11gt: pl,..cnimg C., \"romp, rn lilt 11,,4: .1, :1 P/11/11/,,, Donna Shavlik, 111,11..in dot aut.n. ptr.titing 1 1;111 tlioht All Cynthia Secor, Hight thlt Minn \"It'l \"It s III' , tstIti11114 '4 tido ,s Mary Kay Tetreault, ( .1111,111mi 1.1111(114m: in /0110/(a ttioq: 1111 el,. lr rt Deacve extevvaed. to vece\\Dev 15, 990 Call for Manuscripts Sexual Harassment: Persistent Themes/Practical Responses In 1983, the National Association for Women in Education (NAIVE) published the first ;ournal issue devoted exclusively to the then-emerging topic of sexual harassment on campus. This groundbreaking issue was followed by a two-volume update on harassment later in the decade. Now we are inviting submissions for a special issue of Initiatives that will t.dce stock of where we arc with respect to the persistent problem of harassment as we approach the middle of the 1990s. We welcome manuscripts on such topics as: The sexual harassment/academic freedom debate: Innovative responses Harassment and tLe culture of violence Backlash, institutional intrigue, legal battles, and similar hassles. How advocates and others who deal with complaints cope with the personal costs Educating culturally and ethnically diverse students about sexual harassment Addressing harassment through mediation and conflict resolution techniques Fighting sexism in fraternities: Initiatives that work Harassment based on race and, gender: The situation of women of color Less common but still problems: Same-gender and female-to-male harassment Beyond policy dissemination: Practical and proven techniques for educating the campus community about harassment l'eer educators: What works The implications of court cases (e. g., Franklin v Gwinnett; Harris v Forklift) Children and teens: Harassment in the K-12 environment Resources: Books, films, videos, handbooks Submission guidelines appear in every issue of the journal. Or, contact the editor: Dr. Patricia A. I:arrant , do American College Testing P. 0. Box 168, Iowa City, Iowa 52243 democratic Culture The fall 1q94 issue of Donor:robe Culture, published by Teachers for a Democratic Culture, offers a special focus on issues provoked by the book Who Stole Feminism' How Women Have Betrayed hf011Iell, by Christina Hoff Sommers. It contains fifteen essays by: Nina Auerbach Susan Friedman Celinda Lake Ellen Messer-Davidow Myra and David Sadke aura Flanders Rebecca Sink ler Linda lirshman Patricia Farrant Ann Ferguson Jonathan Entin Russell Eisenman Flizaheth Fay Dale Bauer John K. Wilson Teachers for a )ennwratic Culture supports the right of scholars and teachers to rare questions about the relations of culture, scholarship, and education to politics not in order to shut down debate on such issues but to open it. It is the view of the organization that the controversies that have been provoked over admissions and hiring practices, the soda: (unctions of teaching and scholarship. and the status of such concepts as objectivity and ideology are signs of educational health, not decline. For information about Democratic Culture and Teachers for a Democratic Culture, contact. I'. 0 Box 6405, Evanston, Illinois 60204 (312) 741.3662 (312) 7434548; e-mail: jkwnmidway uchicago edu About 1Vomen Oil Campus subscribers will soon be receiving a complimentary copy of the fall 1994 issue of Democratic Culture. 81 am concerned about women on campus and want to enter my subscription to About Women on Campus. 1111 Special introductory subscription rates: Individual 1 year (four issues) $20 Institution 1 year (four issues) $28 2 years (eight issues) $35 2 years (eight issues) $50 Foreign subscriptions: Please add $7.00 per subscription to cover additional postage. Discounts are available for bulk subscriptions mailed to a single institutional address. Call 202-659-9330 202-457-0946) for details. Name Title Institution Institution Address City/Statalp Send subscription form and check or institutional purchase order made payable to to: About Women on Campus, 1325 18th Street NW, Suite 210, Washington 20036-6511 a mx masawir mm want to know more about the National Association for Women in Education, one of the nation's oldest national professional education associations. Send information about membership to the address have provided above. National Association for Women in Education > Suite 210, 1325 18th Street Washington 20036-6511 1301 #300 20850 Second Class Postage Paid at Washington"}
8,890	Michael Regan	California State University - Chico	[ "8890_101.pdf", "8890_102.pdf", "8890_103.pdf" ]	{"8890_101.pdf": "Above: Kendall Hall at Chico State University. Chico State says 2020 affair \"might be considered differently today 8, 2022 prominent Chico State University biology professor allegedly spoke of killing two female colleagues who cooperated in a 2020 investigation that found he had a prohibited sexual affair with a graduate student, state court and newly released university records show former agent hired by the university to evaluate David Stachura and the alleged threat concluded that the university might have been justified to fire him, his report shows. But Stachura did not act on the alleged threat and Chico State retained him, sanctioning him lightly for the alleged affair. Chico State professor disciplined for student affair allegedly threatened colleagues who complained \uf09a \uf0e1 \uf0e0 \uf02f CSU's Title Reckoning 01/03/2025, 09:29 Chico State professor disciplined for student affair allegedly threatened colleagues who complained \| EdSource 1/13 The settlement, with Stachura denying any wrongdoing, kept the investigation out of his personnel file, clearing his path to tenure in the spring of 2021 and naming him \u201cOutstanding Professor\u201d of the 2020-21 academic year. He remains employed by the university. Stachura joined Chico State\u2019s faculty in 2014. He researches blood and immune cell formation, primarily using fish cells. He\u2019s brought Chico State over $1 million in grants from the National Institutes of Health to support his work. Allegations that he had an affair with a student over whom he had direct authority triggered an investigation by the university\u2019s Title office. The unit probed violations of the California State University\u2019s executive order banning employees from having consensual sexual relationships with people over whom they exercise power, such as professors with students they teach. After interviewing two professors who said they heard Stachura and the student having sex and saw them kissing, the investigation found sufficient evidence that a sexual affair occurred. The professors declined to comment. David Stachura 01/03/2025, 09:29 Chico State professor disciplined for student affair allegedly threatened colleagues who complained \| EdSource 2/13 The university\u2019s investigative records and more than 700 pages of court documents in restraining order and divorce and child custody proceedings against Stachura, show he repeatedly denied the affair, claimed a university investigator fabricated evidence and that colleagues acted because of long-standing conflicts with him. Chico State opted for a light discipline fearing anything harsher could have been overturned in arbitration since the student did not complain and the affair was consensual, said Andrew Staples, Chico State spokesman in a statement issued Tuesday. He added: \u201c\u2026the circumstances of this case may be considered differently today\u201d as the views of California State University system and its faculty union \u201cregarding faculty misconduct continue to evolve.\u201d The university \u201cthoroughly investigated the alleged threats following the settlement agreement and disciplinary action,\u201d he added. In an interview with EdSource, Stachura insisted the investigation \u201cwas a witch hunt,\u201d denied having the affair and said he didn\u2019t threaten his colleagues. Stachura ultimately agreed to an unpaid suspension for a third of a semester after the university denied his appeal. 01/03/2025, 09:29 Chico State professor disciplined for student affair allegedly threatened colleagues who complained \| EdSource 3/13 Stachura was later in 2021 on administrative leave for about a month while the threat allegations were investigated. He returned to work in September 2021. Guns and bullets Stachura\u2019s estranged wife, Miranda King, said in a 2021 Butte County Superior Court restraining order request that Stachura \u201cconfided in me that he had purchased (a) semi- automatic shotgun, a handgun, and hollow-point bullets to kill his two co-workers and then himself.\u201d Stachura, she told the court, \u201csaid he was planning on shooting them.\u201d He \u201cwas very specific that he bought hollow-point bullets for maximum damage and took the guns to (a shooting) range so he\u2019d know how to shoot them and be accurate,\u201d King told the court in writing. He \u201cbelieved there was a conspiracy at work. He had many conversations with me about how angry he was about his co-workers for reporting him. He often referred to these women as bitches and couldn\u2019t seem to let go of the fact that they had complained about his behavior.\u201d King also told the court she knew of the affair and had seen on Stachura\u2019s phone photos of her husband and the student. In his court filings, Stachura denied making threats, saying he told King he\u2019d only had a dream about a shooting and bought guns for home defense during Covid-19 before allegations of the affair arose. He told EdSource never made any threats to these people.\u201d King filed a court document in August 2021 related to the alleged threat: a receipt in Stachura\u2019s name for 10 boxes of 12-gauge double-aught buck shotgun shells and several boxes of 10mm handgun ammunition bought at a Chico gun store and shooting range on Oct. 15, 2020. Executive Order 1096 Appeal Response from The California State University Office of the Chancellor. October 15, 2020. 01/03/2025, 09:29 Chico State professor disciplined for student affair allegedly threatened colleagues who complained \| EdSource 4/13 That was the same date that Tina Leung, the Chancellor\u2019s Office manager of investigations, appeals and compliance, emailed Stachura her denial of his appeal in the affair case. The threat allegations became known to Chico State officials months later, in August 2021. Stachura told EdSource in an interview he only kept birdshot shells for his shotgun, \u201cwhich (are) basically lethal to a squirrel.\u201d Asked why he bought the far-deadlier buckshot, he twice said he didn\u2019t recall the transaction. But, moments later, he said he did remember the buckshot purchase. It was unrelated to the appeal denial, which he said he expected and that it didn\u2019t upset him. He said he just decided coincidentally that day to stock up on ammo that had been \u201cimpossible to purchase\u201d during Covid, calling the timing \u201cunfortunate.\u201d The pistol bullets were hollow points, the kind his wife described. \u201cThose are the best for home defense,\u201d he said. \u201cThis isn\u2019t some kind of crazy purchase.\u201d Risk potential After learning of the alleged threats in mid-August 2021, Chico State hired former agent Stephen Carter, of the Threat Assessment Group, to assess Stachura. The professor was about to return to a full semester of teaching. The discipline over the affair was behind him. Carter told Chico State officials that if they believed King\u2019s \u201creport of homicidal intent toward the two professors and believe that (Stachura) remains angry toward the two professors, it may be appropriate to conclude that (Stachura) does pose an unacceptable risk of violence to the workplace,\u201d and should be terminated, Carter wrote to university Labor Relations Director Denise Hardy on Sept. 14, 2021. Permitting Stachura to stay, he wrote, \u201cwould perpetuate the risk of potential harm to the two professors who provided 01/03/2025, 09:29 Chico State professor disciplined for student affair allegedly threatened colleagues who complained \| EdSource 5/13 evidence against (Stachura) and, potentially, the broader community.\u201d The threat allegations originated with King, whom Stachura contradicted, Carter noted. What King told the court about Stachura suggests the presence of \u201crisk factors for violence.\u201d He also identified three \u201csituational risk factors for violence\u201d \u2014 the restraining order, the loss of an important relationship (his marriage) and family stress. Carter also found that \u201cdespite apparent evidence to the contrary,\u201d Stachura denied \u201cany romantic or sexual contact with the student.\u201d While he didn\u2019t know \u201cwith certainty, the truth of this matter,\u201d Carter said he \u201cassumed (Stachura) has not been truthful about the alleged affair,\u201d adding \u201crepeated dishonesty is also a risk factor for general violence.\u201d Carter declined an interview request. Noise through the walls In mid-March 2020, a professor in an office adjoining Stachura\u2019s in Chico State\u2019s Holt Hall heard sex sounds, she told an investigator, records show. The professor said she recognized a graduate student\u2019s voice. She heard her \u201cstop vocalizing sex sounds, say \u2018hold on\u2019 and then the sex sounds started again,\u201d records show. In the following weeks, she heard similar noises at least three more times. She told an investigator that Stachura \u201cturned the space into a clubhouse. They were very loud and not hiding their relationship.\u201d In June, another professor knocked on Stachura\u2019s door. There was shuffling, she told an investigator. The door opened. \u201cThere was a strange odor emanating from the room, a hot, no-air-flow kind of smell. The aroma was sweaty.\u201d The student sat on a futon opened into a bed. Stachura sat nearby, shoeless. 01/03/2025, 09:29 Chico State professor disciplined for student affair allegedly threatened colleagues who complained \| EdSource 6/13 After sharing their experiences, the professors asked Gordon Wolfe, a tenured colleague, to talk to Stachura. Wolfe taught biology at Chico State since 2000. \u201cIt was impeding their ability to work because it was unprofessional and damaging to morale to have to listen to this. They just didn\u2019t feel, as junior faculty, comfortable talking to him about anything personal,\u201d Wolfe told EdSource. Wolfe called Stachura, who \u201cdenied everything,\u201d Wolfe said. Despite the Covid lockdown, professors sometimes used their offices to teach remotely, and lab experiments had to be attended to. Stachura said he had to go in daily to feed his laboratory fish. In late June 2020, one of the professors said she saw Stachura kissing the student in a laboratory, records show. The kiss was reported to the university\u2019s Title office, which opened an investigation. David Stachura\u2019s office door in the Department of Biological Sciences in Chico State Holt Hall. 01/03/2025, 09:29 Chico State professor disciplined for student affair allegedly threatened colleagues who complained \| EdSource 7/13 Consensual relationships between professors and students they teach are banned to eliminate \u201cthe academic equivalent of the casting couch,\u201d said lawyer Brett Sokolow, chairman of the advisory board of the National Association of Title Administrators. They protect those \u201cat the lower end\u201d of power dynamics, students competing for research jobs or a professor\u2019s attention, he said. If a relationship between a student and a professor \u201cbecomes known, it can taint scholarship and academic success because people will always wonder whether it was truly merited.\u201d \u201cWe have a friendship\u201d The student denied the affair to investigator Robert Morton. EdSource is not identifying the student, and she didn\u2019t return multiple messages. She told Morton that sometimes she lunched with Stachura in his office. She didn\u2019t know why anyone thought more was occurring. Morton twice interviewed Stachura, who had responses to the allegations, documents show. The sex sounds must have come from movies he and the student watched. \u201cPeople have a terrible impression of me and this student. We do have a relationship. We have a friendship. This feels like a vindictive type of thing to teach me a lesson.\u201d Morton wrote Stachura\u2019s \u201ccredibility was diminished because he prevaricated, deflected to other issues rather than answer questions, and changed his responses to significant questions after the first interview.\u201d Stachura \u201cspent time attacking the credibility of witnesses rather than describing or explaining why he would be alone in his office with (the student) with the lights off, the futon extended into a bed, and with what a witness described as post-coital smells emanating from the room,\u201d Morton wrote. Stachura received notice on Sept. 15, 2020, that Morton determined he\u2019d violated university policy by having \u201ca consensual sexual relationship with a student over whom he had direct 01/03/2025, 09:29 Chico State professor disciplined for student affair allegedly threatened colleagues who complained \| EdSource 8/13 authority.\u201d The appeal denial arrived a month later. In the denial, Leung noted Stachura \u201ccontended that the investigator falsified evidence.\u201d Leung rejected that argument reckoning for Chico State investigation of professor David Stachura June 25, 2020 \u2013 Chico State launches an investigation into allegations that biology professor David Stachura is having a sexual affair with a graduate student who works for him, in violation of university policy. Sept. 15, 2020 \u2013 Chico State notifies Stachura that the investigation has found he engaged in a \u201cprohibited consensual relationship with a graduate student over whom he exercised influence. He appeals. Oct. 15, 2020 \u2013 Stachura\u2019s appeal is denied. He buys more than 50 shotgun shells of buckshot and two boxes of hollow-point handgun ammunition at a Chico gun store. Dec. 1, 2020 \u2013 Stachura agrees to a settlement that suspends him without pay for one-third of a semester and withdraws a tenure application. The university agrees to keep the investigation out of his personnel file. He agrees to withdraw an application for tenure but quickly reapplies. June 2021 \u2013Stachura receives tenure. Chico State names him \u201cOutstanding Professor\u201d of the 2020-21 school year. July 30, 2021 \u2013 In seeking a restraining order, Stachura\u2019s estranged wife tells a Butte County judge that her husband told her he wanted to kill colleagues who helped the affair investigation. The judge issues the restraining order and requires Stachura to surrender his guns to police. Aug. 18, 2021 \u2013 Chico State puts Stachura on paid administrative leave while it investigates the threat allegation. Sept. 16, 2021 \u2013 The report by a retired agent concludes: \u201cIt may be appropriate to conclude that (Stachura) does pose an unacceptable risk of violence to the workplace.\u201d Within days, Stachura returns to work. The focus on how CSU, the nation\u2019s largest public university, handles violations of gender and sexual harassment policies based on federal laws known as Title followed then- Chancellor Joseph I. Castro\u2019s sudden resignation in February. It followed a Today report that as president of Fresno State University he failed to take proper action about sexual-harassment complaints against a subordinate. An investigation that trustees ordered found Castro mishandled the matter. The trustees also ordered an ongoing review of cases at each of the system\u2019s 23 campuses. Chico State was reviewed in September, said Michael Uhlenkamp spokesman. 01/03/2025, 09:29 Chico State professor disciplined for student affair allegedly threatened colleagues who complained \| EdSource 9/13 Also in February, the Mercury News reported, former San Jose State President Mary Papazian ignored dire warnings upon taking office in 2016 that an athletic trainer was inappropriately touching female athletes. She didn\u2019t act for three years. The fallout cost the school millions of dollars in settlements. The U.S. Justice Department now monitors SJSU\u2019s Title compliance. The threat allegations are also revealed amid heightened concerns over campus and workplace violence following the fatal shooting of a University of Arizona professor and the shootings of Virginia Walmart workers last month by a supervisor. They also arise a year after a worker at the Valley Transportation Authority in San Jose killed nine co-workers and himself in one of California\u2019s deadliest workplace shootings. Records across the system show five employees (besides Stachura) had been found in inappropriate consensual relationships that were resolved between 2017 and early 2022. Three occurred at Chico State. The others involved San Francisco State and San Bernardino. Records show the employees either resigned or were fired. Chico State police officer Richard Gridley and kinesiology professor Michael Regan resigned before they were disciplined, records show. The university fired tenured professor Christopher Marks when an investigation concluded he had two banned relationships with students. Documents on those cases haven\u2019t yet been released. Summary information released this year on Title and related cases resolved over five years shows 67 out of 103 resulted in employees leaving either by termination, resignation or retirement prior to being disciplined or by a contract or appointment not being renewed. Some facing termination dropped appeals and resigned, common moves in California public employment that eases finding work elsewhere. Dr. Zebrafish Stachura, 44, received a doctorate in cell and molecular biology from the University of Pennsylvania in 2006. He did postdoctoral research at San Diego before joining Chico State. It wasn\u2019t the career Stachura envisioned, King told EdSource. The couple married in 2010. \u201cHe was angry about being at Chico State. He thought other faculty members were below and beneath him,\u201d she said. \u201cHe was angry when another faculty member would win an award, especially a female. He was angry and upset that he wasn\u2019t a professor at Stanford.\u201d 01/03/2025, 09:29 Chico State professor disciplined for student affair allegedly threatened colleagues who complained \| EdSource 10/13 Stachura advanced from assistant to associate professor in 2016. His salary and benefits for 2020 totaled about $130,000, records show. He works primarily with zebrafish, a minnow used in nervous- and immune-system research. His pickup truck has vanity license plates: ZBRAFSH. He also works part time for two biotech companies. Between 2016 and 2022, Stachura published or co-published at least 25 papers in academic journals, National Library of Medicine indexes show fought this as hard as could\u2019 Chico State offered Stachura an \u201cinformal resolution\u201d of his affair case that Provost Debra Larson approved on Dec. 1, 2020 fought this as hard as could decided to settle,\u201d Stachura told EdSource. Larson didn\u2019t respond to questions. Ann Olivarius, an international women\u2019s rights attorney, said in an interview with EdSource that Stachura \u201cacted egregiously and inappropriately by any analysis.\u201d She also said Stachura created a hostile work environment for his colleagues by having sex in his office and allegedly threatening to kill the professors after they complained. She also criticized Chico State for the settlement. The school, she said, is saying \u201cit\u2019s to conduct yourself like (Stachura) conducted himself and if you are working in the same department, well, shut up.\u201d Stachura\u2019s reapplication for tenure was approved in the spring of 2021. That June, campus President Gayle Hutchinson announced Chico State\u2019s Faculty Recognition and Support Committee had chosen Stachura as \u201cOutstanding Professor\u201d for the 2020-21 academic year. Neither Hutchinson nor committee members knew of the findings about the affair because the investigation was confidential and the campus was on Covid lockdown, said Staples, Chico State spokesman. \u201cWhile the award was not rescinded, the university has since put in stronger protocols to ensure that faculty members who are nominated for future awards represent the university\u2019s values.\u201d Freaked out 01/03/2025, 09:29 Chico State professor disciplined for student affair allegedly threatened colleagues who complained \| EdSource 11/13 After the case ended, Stachura\u2019s marriage collapsed. King filed for divorce in July 2021 and requested a restraining order, claiming he was \u201ca very heavy drinker\u201d and repeatedly threatened her am very concerned about David\u2019s mental state.\u201d She told the court his alleged affair continued. She then disclosed the alleged threat against the professors. Judge Sandra McLean granted the restraining order, requiring Stachura to surrender his guns to Chico Police. King\u2019s attorney informed the professors of the alleged threat. Word spread quickly through the biology department. Wolfe went to court and copied documents. \u201cMy colleagues were completely freaked out,\u201d he told EdSource. Wolfe sent an email with the subject line to College of Natural Sciences Dean David Hassenzahl on Aug. 16, 2021. The two professors \u201care both terrified,\u201d he wrote. Stachura, Wolfe wrote, had already shown \u201ca history of impulsive and destructive behavior,\u201d Wolfe wrote, a reference to the affair. The threats made \u201cit impossible for (Stachura) to continue as a colleague.\u201d Hassenzahl said the university would investigate. Stachura was put on paid leave two days after Wolfe\u2019s alert. He remained on leave for about a month, then returned to work. One professor who was not a target of the alleged threat was so concerned when Stachura returned that she soon left the university. Chico State \u201cdidn\u2019t act to protect the faculty, staff or students,\u201d Cawa Tran, now a University of San Diego professor, said in an interview. She said she knows of other professors actively looking to leave and another who turned down a biology department job after learning of the allegations. \u201cThe university essentially forced us all to continue working with him. And this was especially difficult for the women in the department.\u201d 01/03/2025, 09:29 Chico State professor disciplined for student affair allegedly threatened colleagues who complained \| EdSource 12/13 Tran said left due to psychological damages sustained from the fear, anger and injustice felt from the situation.\u201d Daniel J. Willis, EdSource data journalist, and Rick Silva of the Chico Enterprise-Record contributed to this story. 436 14th St. Suite 310 Oakland 94612 Phone 510-433-0421 Fax 510-433-0422 [email protected] Privacy Policy 2025 RESERVED. Get daily updates on California education news We are committed to keeping you informed with the latest \u2014 always free, always independent. Sign up for our daily newsletter today to stay on top of education news. indicates required Subscribe Email Address * * 01/03/2025, 09:29 Chico State professor disciplined for student affair allegedly threatened colleagues who complained \| EdSource 13/13", "8890_102.pdf": "Chico State professor disciplined for student affair allegedly threatened colleagues who complained North State Public Radio \| By Thomas Peele, EdSource Published December 8, 2022 at 10:07 Jason Halley / California State University, Chico Kendall Hall at California State University, Chico prominent Chico State University biology professor allegedly spoke of killing two female colleagues who cooperated in a 2020 investigation that found he had a prohibited sexual affair with a graduate student, state court and newly released sex university records show former agent hired by the university to evaluate David Stachura and the alleged threat concluded that the university might have been justified to fire him, his report shows. But Stachura did not act on the alleged threat and Chico State retained him, sanctioning him lightly for the alleged affair. 01/03/2025, 09:29 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 1/24 Chico State University David Stachura The settlement, with Stachura denying any wrongdoing, kept the investigation out of his personnel file, clearing his path to tenure in the spring of 2021 and naming him \u201cOutstanding Professor\u201d of the 2020-21 academic year. He remains employed by the university. Stachura joined Chico State\u2019s faculty in 2014. He researches blood and immune cell formation, primarily using fish cells. He\u2019s brought Chico State over $1 million in grants 01/03/2025, 09:29 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 2/24 from the National Institutes of Health to support his work. Allegations that he had an affair with a student over whom he had direct authority triggered an investigation by the university\u2019s Title office. The unit probed violations of the California State University\u2019s executive order banning employees from having consensual sexual relationships with people over whom they exercise power, such as sex professors with students they teach. After interviewing two professors who said they heard Stachura and the student having sex and saw them kissing, the investigation found sex sufficient evidence that a sexual sex affair occurred. The professors declined to comment. The university\u2019s investigative records and more than 700 pages of court documents in restraining order and divorce and child custody proceedings against Stachura, show he repeatedly denied the affair, claimed a university investigator fabricated evidence and that colleagues acted because of long-standing conflicts with him. Chico State opted for a light discipline fearing anything harsher could have been overturned in arbitration since the student did not complain and the affair was consensual, said Andrew Staples, Chico State spokesman in a statement issued Tuesday. He added: as the views of California State University system and its faculty union \u201cregarding faculty misconduct continue to evolve.\u201d The university \u201cthoroughly investigated the alleged threats following the settlement agreement and disciplinary action,\u201d he added. \u201c\u2026the circumstances of this case may be considered differently today\u201d Donate 01/03/2025, 09:29 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 3/24 In an interview with EdSource, Stachura insisted the investigation \u201cwas a witch hunt,\u201d denied having the affair and said he didn\u2019t threaten his colleagues. Stachura ultimately agreed to an unpaid suspension for a third of a semester after the university denied his appeal. Executive Order 1096 Appeal Response from The California State University Office of the Chancellor. October 15, 2020. Stachura was later in 2021 on administrative leave for about a month while the threat allegations were investigated. He returned to work in September 2021. Guns and bullets Stachura\u2019s estranged wife, Miranda King, said in a 2021 Butte County Superior Court restraining order request that Stachura \u201cconfided in me that he had purchased (a) semi- automatic shotgun, a handgun, and hollow-point bullets to kill his two co-workers and then himself.\u201d Stachura, she told the court, \u201csaid he was planning on shooting them.\u201d He \u201cwas very specific that he bought hollow-point bullets for maximum damage and took the guns to (a shooting) range so he\u2019d know how to shoot them and be accurate,\u201d King told the court in writing. He \u201cbelieved there was a conspiracy at work. He had many conversations with me about how angry he was about his co-workers for reporting him. He often referred to these women as bitches and couldn\u2019t seem to let go of the fact that they had complained about his behavior.\u201d King also told the court she knew of the affair and had seen on Stachura\u2019s phone photos of her husband and the student. In his court filings, Stachura denied making threats, saying he told King he\u2019d only had a dream about a shooting and bought guns for home defense during Covid-19 before allegations of the affair arose. 01/03/2025, 09:29 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 4/24 He told EdSource, King filed a court document in August 2021 related to the alleged threat: a receipt in Stachura\u2019s name for 10 boxes of 12-gauge double-aught buck shotgun shells and several boxes of 10mm handgun ammunition bought at a Chico gun store and shooting range on Oct. 15, 2020. That was the same date that Tina Leung, the Chancellor\u2019s Office manager of investigations, appeals and compliance, emailed Stachura her denial of his appeal in the affair case. The threat allegations became known to Chico State officials months later, in August 2021. Stachura told EdSource in an interview he only kept birdshot shells for his shotgun, \u201cwhich (are) basically lethal to a squirrel.\u201d Asked why he bought the far-deadlier buckshot, he twice said he didn\u2019t recall the transaction. But, moments later, he said he did remember the buckshot purchase. It was unrelated to the appeal denial, which he said he expected and that it didn\u2019t upset him. He said he just decided coincidentally that day to stock up on ammo that had been \u201cimpossible to purchase\u201d during Covid, calling the timing \u201cunfortunate.\u201d The pistol bullets were hollow points, the kind his wife described. \u201cThose are the best for home defense,\u201d he said. \u201cThis isn\u2019t some kind of crazy purchase.\u201d Risk potential After learning of the alleged threats in mid-August 2021, Chico State hired former agent Stephen Carter, of the Threat Assessment Group, to assess Stachura. The professor was about to return to a full semester of teaching. The discipline over the affair was behind him never made any threats to these people.\u201d 01/03/2025, 09:29 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 5/24 Carter told Chico State officials that if they believed King\u2019s \u201creport of homicidal intent toward the two professors and believe that (Stachura) remains angry toward the two professors, it may be appropriate to conclude that (Stachura) does pose an unacceptable risk of violence to the workplace,\u201d and should be terminated, Carter wrote to university Labor Relations Director Denise Hardy on Sept. 14, 2021. The threat allegations originated with King, whom Stachura contradicted, Carter noted. What King told the court about Stachura suggests the presence of \u201crisk factors for violence.\u201d He also identified three \u201csituational risk factors for violence\u201d \u2014 the restraining order, the loss of an important relationship (his marriage) and family stress. Carter also found that \u201cdespite apparent evidence to the contrary,\u201d Stachura denied \u201cany romantic or sexual contact with the student.\u201d sex While he didn\u2019t know \u201cwith certainty, the truth of this matter,\u201d Carter said he \u201cassumed (Stachura) has not been truthful about the alleged affair,\u201d adding \u201crepeated dishonesty is also a risk factor for general violence.\u201d Carter declined an interview request. Noise through the walls In mid-March 2020, a professor in an office adjoining Stachura\u2019s in Chico State\u2019s Holt Hall heard sex sounds, she told an investigator, records show. sex The professor said she recognized a graduate student\u2019s voice. She heard her \u201cstop vocalizing sex sounds, say \u2018hold on\u2019 and then the sex sounds started again,\u201d records sex sex Permitting Stachura to stay, he wrote, \u201cwould perpetuate the risk of potential harm to the two professors who provided evidence against (Stachura) and, potentially, the broader community.\u201d 01/03/2025, 09:29 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 6/24 show. In the following weeks, she heard similar noises at least three more times. She told an investigator that Stachura \u201cturned the space into a clubhouse. They were very loud and not hiding their relationship.\u201d In June, another professor knocked on Stachura\u2019s door. There was shuffling, she told an investigator. The door opened. \u201cThere was a strange odor emanating from the room, a hot, no-air-flow kind of smell. The aroma was sweaty.\u201d The student sat on a futon opened into a bed. Stachura sat nearby, shoeless. EdSource David Stachura\u2019s office door in the Department of Biological Sciences in Chico State Holt Hall. After sharing their experiences, the professors asked Gordon Wolfe, a tenured colleague, to talk to Stachura. Wolfe taught biology at Chico State since 2000. \u201cIt was impeding their ability to work because it was unprofessional and damaging to morale to have to listen to this. They just didn\u2019t feel, as junior faculty, comfortable talking to him about anything personal,\u201d Wolfe told EdSource. Wolfe called Stachura, who \u201cdenied everything,\u201d Wolfe said. Despite the Cpvid lockdown, professors sometimes used their offices to teach remotely, and lab experiments had to be attended to. Stachura said he had to go in daily to feed his laboratory fish. 01/03/2025, 09:29 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 7/24 In late June 2020, one of the professors said she saw Stachura kissing the student in a laboratory, records show. The kiss was reported to the university\u2019s Title office, which opened an investigation. Consensual relationships between professors and students they teach are banned to eliminate \u201cthe academic equivalent of the casting couch,\u201d said lawyer Brett Sokolow, chairman of the advisory board of the National Association of Title Administrators. They protect those \u201cat the lower end\u201d of power dynamics, students competing for research jobs or a professor\u2019s attention, he said. If a relationship between a student and a professor \u201cbecomes known, it can taint scholarship and academic success because people will always wonder whether it was truly merited.\u201d \u201cWe have a friendship\u201d The student denied the affair to investigator Robert Morton. EdSource is not identifying the student, and she didn\u2019t return multiple messages. She told Morton that sometimes she lunched with Stachura in his office. She didn\u2019t know why anyone thought more was occurring. Morton twice interviewed Stachura, who had responses to the allegations, documents show. The sex sounds must have come from movies he and the student watched. sex Morton wrote Stachura\u2019s \u201ccredibility was diminished because he prevaricated, deflected to other issues rather than answer questions, and changed his responses to significant questions after the first interview.\u201d \u201cPeople have a terrible impression of me and this student. We do have a relationship. We have a friendship. This feels like a vindictive type of thing to teach me a lesson.\u201d 01/03/2025, 09:29 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 8/24 Stachura \u201cspent time attacking the credibility of witnesses rather than describing or explaining why he would be alone in his office with (the student) with the lights off, the futon extended into a bed, and with what a witness described as post-coital smells emanating from the room,\u201d Morton wrote. Stachura received notice on Sept. 15, 2020, that Morton determined he\u2019d violated university policy by having \u201ca consensual sexual relationship with a student over whom sex he had direct authority.\u201d The appeal denial arrived a month later. In the denial, Leung noted Stachura \u201ccontended that the investigator falsified evidence.\u201d Leung rejected that argument reckoning for The focus on how CSU, the nation\u2019s largest public university, handles violations of gender and sexual harassment policies based on federal laws known as Title sex followed then-Chancellor Joseph I. Castro\u2019s sudden resignation in February. It followed a Today report that as president of Fresno State University he failed to take proper action about sexual-harassment complaints against a subordinate. An investigation sex that trustees ordered found Castro mishandled the matter. The trustees also ordered an ongoing review of cases at each of the system\u2019s 23 campuses. Chico State was reviewed in September, said Michael Uhlenkamp spokesman. Also in February, the Mercury News reported, former San Jose State President Mary Papazian ignored dire warnings upon taking office in 2016 that an athletic trainer was inappropriately touching female athletes. She didn\u2019t act for three years. The fallout cost the school millions of dollars in settlements. The U.S. Justice Department now monitors SJSU\u2019s Title compliance. The threat allegations are also revealed amid heightened concerns over campus and workplace violence following the fatal shooting of a University of Arizona professor and the shootings of Virginia Walmart workers last month by a supervisor. They also arise a year after a worker at the Valley Transportation Authority in San Jose killed nine co- workers and himself in one of California\u2019s deadliest workplace shootings. Records across the system show five employees (besides Stachura) had been found in inappropriate consensual relationships that were resolved between 2017 and 01/03/2025, 09:29 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 9/24 early 2022. Three occurred at Chico State. The others involved San Francisco State and San Bernardino. Records show the employees either resigned or were fired. Chico State police officer Richard Gridley and kinesiology professor Michael Regan resigned before they were disciplined, records show. The university fired tenured professor Christopher Marks when an investigation concluded he had two banned relationships with students. Documents on those cases haven\u2019t yet been released. Summary information released this year on Title and related cases resolved over five years shows 67 out of 103 resulted in employees leaving either by termination, resignation or retirement prior to being disciplined or by a contract or appointment not being renewed. Some facing termination dropped appeals and resigned, common moves in California public employment that eases finding work elsewhere. Dr. Zebrafish Stachura, 44, received a doctorate in cell and molecular biology from the University of Pennsylvania in 2006. He did postdoctoral research at San Diego before joining Chico State. It wasn\u2019t the career Stachura envisioned, King told EdSource. The couple married in 2010. \u201cHe was angry about being at Chico State. He thought other faculty members were below and beneath him,\u201d she said. \u201cHe was angry when another faculty member would win an award, especially a female. He was angry and upset that he wasn\u2019t a professor at Stanford.\u201d Stachura advanced from assistant to associate professor in 2016. His salary and benefits for 2020 totaled about $130,000, records show. He works primarily with zebrafish, a minnow used in nervous- and immune-system research. His pickup truck has vanity license plates: ZBRAFSH. He also works part time for two biotech companies. Between 2016 and 2022, Stachura published or co-published at least 25 papers in academic journals, National Library of Medicine indexes show fought this as hard as could\u2019 01/03/2025, 09:29 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 10/24 Chico State offered Stachura an \u201cinformal resolution\u201d of his affair case that Provost Debra Larson approved on Dec. 1, 2020 fought this as hard as could decided to settle,\u201d Stachura told EdSource. Larson didn\u2019t respond to questions. Ann Olivarius, an international women\u2019s rights attorney, said in an interview with EdSource that Stachura \u201cacted egregiously and inappropriately by any analysis.\u201d She also said Stachura created a hostile work environment for his colleagues by having sex sex in his office and allegedly threatening to kill the professors after they complained. She also criticized Chico State for the settlement. The school, she said, is saying \u201cit\u2019s to conduct yourself like (Stachura) conducted himself and if you are working in the same department, well, shut up.\u201d Stachura\u2019s reapplication for tenure was approved in the spring of 2021. That June, campus President Gayle Hutchinson announced Chico State\u2019s Faculty Recognition and Support Committee had chosen Stachura as \u201cOutstanding Professor\u201d for the 2020-21 academic year. Neither Hutchinson nor committee members knew of the findings about the affair because the investigation was confidential and the campus was on Covid lockdown, said Staples, Chico State spokesman. \u201cWhile the award was not rescinded, the university has since put in stronger protocols to ensure that faculty members who are nominated for future awards represent the university\u2019s values.\u201d Freaked out After the case ended, Stachura\u2019s marriage collapsed. King filed for divorce in July 2021 and requested a restraining order, claiming he was \u201ca very heavy drinker\u201d and repeatedly threatened her am very concerned about David\u2019s mental state.\u201d She told the court his alleged affair continued. She then disclosed the alleged threat against the professors. Judge Sandra McLean granted the restraining order, requiring Stachura to surrender his guns to Chico Police. King\u2019s attorney informed the professors of the alleged threat. 01/03/2025, 09:29 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 11/24 Word spread quickly through the biology department. Wolfe went to court and copied documents. \u201cMy colleagues were completely freaked out,\u201d he told EdSource. EdSource Wolfe sent an email with the subject line to College of Natural Sciences Dean David Hassenzahl on Aug. 16, 2021. The two professors \u201care both terrified,\u201d he wrote. Stachura, Wolfe wrote, had already shown \u201ca history of impulsive and destructive behavior,\u201d Wolfe wrote, a reference to the affair. The threats made \u201cit impossible for (Stachura) to continue as a colleague.\u201d Hassenzahl said the university would investigate. Stachura was put on paid leave two days after Wolfe\u2019s alert. He remained on leave for about a month, then returned to work. One professor who was not a target of the alleged threat was so concerned when Stachura returned that she soon left the university. 01/03/2025, 09:29 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 12/24 Chico State \u201cdidn\u2019t act to protect the faculty, staff or students,\u201d Cawa Tran, now a University of San Diego professor, said in an interview. She said she knows of other professors actively looking to leave and another who turned down a biology department job after learning of the allegations. Tran said left due to psychological damages sustained from the fear, anger and injustice felt from the situation.\u201d Daniel J. Willis, EdSource data journalist, and Rick Silva of the Chico Enterprise-Record contributed to this story. Tags News Chico State California Education CSU's Title Reckoning Thomas Peele Thomas Peele is an investigative reporter at EdSource. He is a Pulitzer Prize winning investigative reporter. See stories by Thomas Peele \u201cThe university essentially forced us all to continue working with him. And this was especially difficult for the women in the department.\u201d 01/03/2025, 09:29 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 13/24 EdSource EdSource believes that access to a quality education is an important right of all children. We further believe that an informed, involved public is necessary to strengthen California\u2019s schools for the benefit of the state\u2019s children, its civic life, and its economy. See stories by EdSource The Bookstore in Chico marches on despite a changing industry New exhibit at Gateway Science Museum showcases the history of the California grizzly look into one of the few high school news publications still standing in Chico Kirshner Wildlife Sanctuary under investigation for potential animal welfare violations Sarina Grossi: NSPR\u2019s new Morning Edition anchor in California schools: Here\u2019s what you need to know More News 01/03/2025, 09:29 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 14/24 Exhibit aims to expand ideas of Asian American art in the North State 01/03/2025, 09:29 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 15/24 01/03/2025, 09:29 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 16/24 01/03/2025, 09:29 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 17/24 01/03/2025, 09:29 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 18/24 01/03/2025, 09:29 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 19/24 01/03/2025, 09:29 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 20/24 \u00a9 2021 About Us 01/03/2025, 09:29 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 21/24 Privacy Policy Contact Us: 530-898-5896 Find 01/03/2025, 09:29 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 22/24 01/03/2025, 09:29 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 23/24 01/03/2025, 09:29 Chico State professor disciplined for student affair allegedly threatened colleagues who complained 24/24", "8890_103.pdf": "CSU's Title Reckoning New batch of records shows professors disciplined for sexual harassment Records show students suffered sexual advances from professors sex 2, 2022 2 01/03/2025, 09:30 New batch of records shows professors disciplined for sexual harassment \| EdSource 1/7 San Francisco State is among the campuses that reported cases of inappropriate behavior by faculty. Photo: Larry Gordon/EdSource Fifty-four faculty members, coaches and other non-mangagement employees at 12 California State University campuses were found to have committed violations of sexual misconduct and discrimination policies in cases resolved between 2017 and 2021, some resulting in firings and resignations, new information released by the university system shows. The violations included unwanted sexual advances, including requests for sex, unwanted touching and kissing, and discrimination based on gender and race, according to the records. The case summaries were released in the wake of recent controversies over how the 23-campus system, the nation\u2019s largest four-year public university, has handled sexual harassment complaints and disciplined employees. 01/03/2025, 09:30 New batch of records shows professors disciplined for sexual harassment \| EdSource 2/7 The records reveal cases involving 54 employees, six of whom committed two or more offenses. They include 38 people with academic job titles, such as professor or assistant professor, and almost all of them involve complaints by students. Cases from another five campuses will be released later this month. The remaining six campuses had no records of such misconduct, a university official said. EdSource originally filed a public records request for all case files in May but agreed to receive the summary information after university officials said it could take up to a year to review and redact information identifying victims in the voluminous files. In at least one case, a professor found to have committed violations of the university\u2019s policies prohibiting sexual and gender harassment and sexual misconduct, resigned from one campus only to later land a teaching job at another. Another professor resigned after San Francisco State University decided to fire him after it found he had \u201can intimate relationship with two students during a time when he had significant academic authority over both.\u201d That person now teaches at a university in South Carolina The remaining campuses that released summary information on sexual harassment cases are listed here with links to the cases: Cal Poly Pomona Cal State Fullerton Cal State Los Angeles Sacramento State Fresno State San Marcos San Diego State Stanislaus State Sonoma State Note Channel Islands Dominguez Hills Northridge San Bernardino, and San Jose State are expected to release records later this month Bakersfield, Cal Poly Humboldt Long Beach Maritime 01/03/2025, 09:30 New batch of records shows professors disciplined for sexual harassment \| EdSource 3/7 Monterey Bay, and Cal Poly San Luis Obispo claim to have no records of cases in which employees were disciplined for sexual misconduct or discrimination between 2017 and this year. For 30 of the employees, the misconduct investigations led to the end of their careers at the campus where the misconduct occurred. Many resigned during the investigations, while others were fired, not reappointed to teaching positions or entered retirement. Other cases resulted in suspensions for weeks and sometimes semesters, letters of reprimand and counseling for the offending employee, the summaries show. The investigations themselves can take years. At system headquarters, a spokesman for the Chancellor\u2019s Office defended the review and disciplinary process. \u201cWhile the circumstances of each instance outlined in the summaries can vary significantly, after a finding of misconduct or policy violation was substantiated, the respective campuses worked to resolve the issues by taking appropriate action and following necessary procedures,\u201d the spokesman, Michael Uhlenkamp, wrote in a statement Monday. The new documents did not include any possible court decisions after the actions if the employee filed an appeal. \u201cFaculty and staff are represented by unions and have various additional rights to their employment, including the right to appeal any discipline for review and decision by an outside agency,\u201d Uhlenkamp added. The summaries were released nearly six months after Chancellor Joseph I. Castro resigned in the wake of a revelation that Castro failed to aggressively discipline an underling and personal friend, Frank Lamas, when Castro was president of Fresno State in 2020. Castro agreed to pay Lamas $20,000 in Fresno State funds and write him a letter of recommendation for other jobs in exchange for Lamas resigning after an investigation found he sexually harassed an employee. 01/03/2025, 09:30 New batch of records shows professors disciplined for sexual harassment \| EdSource 4/7 Students protested and faculty called for Castro\u2019s removal when the deal became public trustees ordered an independent investigation of sexual harassment across the massive system. Earlier this year released similar summaries of management employees who committed sexual misconduct, including viewing pornography on university computers and managers who sexually harassed people on their staffs. The newly released summaries of non-management cases show students were often victims professor at Chico State resigned before he could be disciplined while facing charges of gender harassment of a student and having what was called a \u201cprohibited consensual relationship\u201d with a student, according to the summaries. The professor, Michael Regan, was then hired to teach in the kinesiology and sociology departments at Cal State East Bay in Hayward where he remains spokesperson for Cal State East Bay said the school was \u201clooking into\u201d Regan\u2019s hiring. At Chico State, a spokesman told EdSource by email it could not be immediately determined if the East Bay school requested any information on Regan\u2019s tenure at Chico. In an email, Regan told EdSource was open about pursuing a consensual relationship and decided to resign at the conclusion of the semester and not to return for my final visiting semester due to policy on conflict of interest on relationships.\u201d In another case, a San Francisco State business professor, Oscar Stewart, \u201cengaged in consensual sexual relationships with students when he had significant academic authority over both,\u201d according to summary information that was drawn from a misconduct investigation into his actions. \u201cThe sustained allegations were not based on formal complaint against (Stewart) but the university investigated after learning of the allegations,\u201d the summary states. It does not say how the university learned of the allegations. 01/03/2025, 09:30 New batch of records shows professors disciplined for sexual harassment \| EdSource 5/7 The university officials decided to fire Stewart, but then allowed him to resign, the records show. He is now a professor at the College of Charleston in South Carolina. In an email on Monday, Stewart said that the university released \u201cfalse information\u201d about him resigned so as not to deal with a university that never supported me throughout the process of retaliation by a group of conservative students who coordinated to retaliate against my anti-racist pedagogy spokesperson for San Francisco State didn\u2019t respond to an email sent late Monday. An expert in college sexual harassment cases said it is clear that professors should know better than to pursue relationships with their students. \u201cJust having a relationship is a violation of the school\u2019s duty of care and a violation of the truth, and the authority a professor has over a student,\u201d said Nancy Hogshead-Makar, an attorney and advocate for Champion Women: Advocacy for Girls and Women in Sports. One out of every 4 women in college have been sexually harassed or assaulted, she said, adding that the complaints show that the victims are willing to speak up. Hogshead-Makar said it can be difficult to prepare young people, especially women, for what to do when they encounter these incidents. Unfortunately, these incidents can really impact their lives, she said, adding that some choose to change their majors or their professions as a result. \u201cI\u2019m just so impressed with this current generation that is speaking out,\u201d she said just turned 60 in April. In my lifetime, the difference between women stepping out to speak on peer and professional sexual harassment is just night and day.\u201d 01/03/2025, 09:30 New batch of records shows professors disciplined for sexual harassment \| EdSource 6/7 436 14th St. Suite 310 Oakland 94612 Phone 510-433-0421 Fax 510-433-0422 [email protected] Privacy Policy 2025 RESERVED. Get daily updates on California education news We are committed to keeping you informed with the latest \u2014 always free, always independent. Sign up for our daily newsletter today to stay on top of education news. indicates required Subscribe Email Address * * 01/03/2025, 09:30 New batch of records shows professors disciplined for sexual harassment \| EdSource 7/7"}
8,313	Harris Fogel	University of the Arts	[ "8313_101.pdf", "8313_102.pdf", "8313_103.pdf", "8313_104.pdf", "8313_105.pdf", "8313_104.pdf", "8313_105.pdf", "8313_104.pdf", "8313_105.pdf" ]	{"8313_104.pdf": "Fired UArts Prof Claims a Kiss at a Public Event Led to His Termination In a just-filed lawsuit, photographer Harris Fogel says it was just a collegial greeting between friends. The school says otherwise. by \u00b7 12/4/2018, 1:53 p.m. Get a compelling long read and must-have lifestyle tips in your inbox every Sunday morning \u2014 great with coffee! Former University of the Arts photography professor Harris Fogel. (Photo by Louis Kim) Harris Fogel is a photographer whose works are in the collections of the National Museum of Art at the Smithsonian Institute and the Metropolitan Museum of Art in New York, among other prestigious institutions. And, as part of his research into presidential photography, he\u2019s sat down and interviewed people like Jimmy Carter and Gerald and Betty Ford. But now, Fogel finds himself at the middle of a controversy involving the University of the Arts in Philadelphia. Fogel, a 59-year-old resident of Delaware County, was a tenured professor at the University of the Arts until March, when he was terminated after an investigation by the school into allegations about his behavior with two women photographers. Now, Fogel is suing the University of the Arts, essentially claiming that the findings were used as a pretext to end his 22-year career at the school. According to Fogel\u2019s lawsuit, filed in federal court in Philadelphia, his problems began last December. Fogel claims that is when a California-based photography professor wrote a letter to the University of the Arts, alleging that Fogel had greeted her with an 3/15/25, 12:43 Fired UArts Prof Harris Fogel Claims a Friendly Kiss Got Him Terminated 1/4 unwelcome kiss in 2016 in the lobby of a Las Vegas hotel where a photography conference was being held. As Fogel tells it in the suit, he had a professional relationship with the professor over the years, and he invited her to be part of an exhibit at the University of the Arts in 2015. Fogel says that he considered her a friend and a peer in the photography community, and the suit maintains that she never complained about the kiss and that the two attended various functions together at the Las Vegas conference without incident. \u201cKissing a colleague in a social greeting is commonplace among UArts\u2019 faculty members and Board members, as it is in many social settings,\u201d reads the suit. \u201cProfessor Fogel has been kissed by professional colleagues, including his peers at UArts, literally thousands of times.\u201d But, according to the complaint filed in Fogel\u2019s lawsuit, the University of the Arts, which launched a Title investigation, determined that the kiss was forced and non-consensual and that whatever happened between Fogel and the professor constituted \u201csexual assault,\u201d according to language that the suit quotes from what it says is an official determination in the school\u2019s investigation. And that\u2019s not all. The lawsuit states that after Little wrote a letter to the University of the Arts about Fogel, another woman, whom Fogel describes in the suit as \u201ca neophyte photographer,\u201d did as well. According to the suit, Fogel had served as a portfolio reviewer of the woman\u2019s work at a photography event in March 2016. After he spoke with her about her photographs, Fogel says that he went to pull a business card out of his pocket to give to her but that he \u2014 accidentally, according to his version of events \u2014 pulled out his hotel room key instead. \u201cHere is my business card \u2014 oops, my room key,\u201d he recalls saying to the photographer, claiming that he was embarrassed but that both he and the woman laughed at what the suit characterizes as an \u201cinadvertent and trivial incident.\u201d Shortly after the event, Fogel says that the photographer sent him a thank-you email and that he responded with a \u201cform-letter response.\u201d But then in December 2017, says the suit, the woman sent a letter to the University of the Arts, explaining that she had become aware that the school had opened an investigation into the California professor\u2019s allegations \u2014 the suit claims that the two women know each other -\u2014and that she wanted to report her own interaction with Fogel to the school. The suit alleges that the woman acknowledged to University of the Arts that the room key comment might have been a joke. Neither the professor nor the photographer responded to requests for comment for this story. In January 2018, one month after the professor sent her letter to the University of the Arts, the school found that \u201cProfessor Fogel had committed serious violations of the University\u2019s Sexual Misconduct, Sexual Harassment, and Other Forms of Harassment Policy,\u201d according to the suit. And then in March, the dean of the school upheld the conclusions of the investigation and fired Fogel. But Fogel says the real reason he was fired is that the dean just doesn\u2019t like him, and the Title stuff was used as pretext to get rid of him. In the lawsuit, Fogel accuses University of the Arts of violating Title policies and procedures, in part by conducting the investigation in a way that was biased against him due to his being a man. He also accuses the University of the Arts of breach of contract and negligence. As for the professor, he says she defamed him by telling people that he had been inappropriate with her, when he says he was not. The suit seeks unspecified damages. \u201cTitle was used as a pretext to violate Professor Fogel\u2019s rights as a tenured faculty member,\u201d says his lawyer, David McComb of Zarwin Baum. \u201cWhile the \u2018MeToo\u2019 movement has done many positive things, it should not be used as an excuse to eliminate due process.\u201d \u201cThe University of the Arts, as a matter of policy, does not comment on pending litigation,\u201d school spokesperson Paul Healy told Philly Mag. \u201cHowever, the University is confident that it has acted in full compliance with the law, and in the best interests of the University community.\u201d Read More About: Lawsuits metoo Sexual Harassment University City 3/15/25, 12:43 Fired UArts Prof Harris Fogel Claims a Friendly Kiss Got Him Terminated 2/4 Victor Fiorillo Senior Reporter at Philadelphia Magazine @phillyvictor [email protected] You Might Also Like Year of Sales (and More Deals) in Philly 30 Must-Visit Pennsylvania State Historical Markers Get the Most Out of Your Credit Card Rewards George Nakashima Woodworkers Arts Building Meet the Main Line Woman Behind a Local Takedown Tesla Group 1 Philadelphia\u2019s David Bolwell Accused of Teen Sextortion Scheme 2 Does Philly Really Need a New $20 Million Monument for 2026? 3 Inside PennDOT\u2019s Plan to Widen I-95 Through South Philly 4 3/15/25, 12:43 Fired UArts Prof Harris Fogel Claims a Friendly Kiss Got Him Terminated 3/4 About Contact Magazine Subscribe Advertise Customer Service Careers Privacy Policy 2025 \u00a9 Metro Corp. All Rights Reserved. \u201cLong Bright River\u201d Actor John Doman Talks and Philly Roots 5 3/15/25, 12:43 Fired UArts Prof Harris Fogel Claims a Friendly Kiss Got Him Terminated 4/4", "8313_105.pdf": "From Casetext: Smarter Legal Research Fogel v. Univ. of the Arts Mar 27, 2019 NO. 18-5137 (E.D. Pa. Mar. 27, 2019) Copy Citation Download Check Treatment Rethink the way you litigate with CoCounsel for research, discovery, depositions, and so much more. Try CoCounsel free NO. 18-5137 03-27-2019 v ARTS, et al KEARNEY, J. \"Me too\" today reaches into a university's firing of one of its tenured professors based on sexual harassment claims against him. But maybe different than expected, these claims are not from a student or colleague Sign In Search all cases and statutes... Opinion Summaries Case details 3/15/25, 12:43 Fogel v. Univ. of the Arts NO. 18-5137 \| Casetext Search + Citator 1/26 male professor admittedly greeted a female professor from another university at a March 2016 Las Vegas conference with a kiss. Weeks later, the male professor admittedly offered his hotel key out of his pocket rather than his business card when meeting an aspiring female photographer at a Houston conference. Over twenty months later in December 2017, his longtime university employer began investigating the female professor's December 10, 2017 letter and the female aspiring photographer's December 11, 2017 letter to the male professor's university relating to his alleged conduct towards each of them in March 2016. This investigation led the university in March 2018 to conclude he \"forcibly\" kissed the female professor at the Las Vegas conference and harassed the aspiring female photographer weeks later at a Houston conference after she thought he was joking. The university dean then fired him in March 2018 without a hearing university subject to federal civil rights law must ensure its investigation into the sexual harassment claims is free of gender bias. But this obligation becomes more acute when we learn: during the challenged investigation, the university ignored the same male professor's claims of 2 sexual harassment by his female supervisor at a 2015 conference; and, the university dean repeatedly expressed a personal dislike of the male professor. An investigation into sexual harassment must apply uniform standards regardless of the complainant's and accused's sex. 2 We are not reviewing whether the male professor engaged in the challenged conduct in March 2016 or whether his supervisor engaged in challenged conduct in 2015. Our issue focuses on the male professor's challenge to the university's investigation and allegedly defamatory statements. At this preliminary stage, we can only review the male professor's allegations to determine if he can proceed into discovery. As plead, the university's investigator failed to interview the male professor's exculpatory witnesses, did not investigate leads on possible collusion, and precluded his access to unredacted records. When, as today, the male professor sufficiently pleads the university violated his civil rights in terminating him based on an erroneous outcome theory, we allow the parties to proceed into discovery on his civil rights claim against the university. 3/15/25, 12:43 Fogel v. Univ. of the Arts NO. 18-5137 \| Casetext Search + Citator 2/26 We also allow discovery into the male professor's claims of defamation and false light against the university, his former female supervisor who allegedly harassed him in 2015, and the female professor who told a variety of persons about the male professor's sexual harassment in 2016. We dismiss the defamation claims arising from her statements initiating the investigation in December 2017 as absolutely privileged. I. Professor Fogel's allegations taken as true today. Harris Fogel worked as a tenured professor of photography at The University of the Arts in Philadelphia from some time until his termination on March 8, 2018. At some point in 2015, while a professor at the school, Anne Massoni, his supervisor and the head of his department, 3 attempted to give Professor Fogel an \"unwanted hug and a kiss\" during a photography conference in New Orleans. He did not disclose this conduct until the University began investigating him. 1 3 2 1 Doc. No. 14 \u00b6\u00b6 1, 20. 2 Id. at \u00b6 39. Professor Little's and Ms. Autin's December 2017 claims against Professor Fogel. On December 10, 2017, University of the Pacific photography professor Jennifer Little wrote to the University's Title Coordinator Lexi Morrison claiming Professor Fogel kissed her without consent upon greeting her on an unknown day at a March 2016 Society for Photographic Education conference in Las Vegas.3 3 Id. at \u00b6 11. The next day, December 11, 2017, aspiring photographer Anne-Laurie Autin wrote Coordinator Morrison claiming Professor Fogel handed her his hotel room key card rather than business card out of his pocket after reviewing her portfolio at a March 2016 FotoFest conference in a Houston hotel ballroom. Ms. Autin originally considered Professor Fogel's acts as a joke. But she then changed her mind and decided to report this incident twenty- 4 5 3/15/25, 12:43 Fogel v. Univ. of the Arts NO. 18-5137 \| Casetext Search + Citator 3/26 one months later after Professor Little told her at some unknown time and place Professor Fogel forced himself physically on her. 4 Id. at \u00b6\u00b6 13-18. 5 Id. at \u00b6 19. In December 2017 and January 2018, the University began investigating these two claims concerning Professor Fogel's March 2016 conduct towards two different women at two different conferences. Professor Fogel suspected Ms. Autin and Professor Little colluded, but he alleges the University failed to obtain the emails between the women to investigate his collusion defense.6 6 Id. at \u00b6 25. The University's Title Coordinator Lexi Morrison investigates the claims against Professor Fogel. Coordinator Morrison began investigating Professor Little's and Ms. Autin's December 10 and 11, 2017 claims arising from Professor Fogel's March 2016 conduct. During the investigation, Professor Little claimed she told University professor David Graham about the non-consensual kiss, but Professor Graham told Coordinator Morrison he did not remember Professor Little telling 4 him about the incident. Professor Little also told a group of women at the FotoFest conference about the kiss, but one woman in the group, Professor Jennifer Colton from Washington University, told Coordinator Morrison she did not remember Professor Little mentioning it. Only Ms. Autin corroborated Professor Little's story about the non- consensual kiss. Ms. Autin corroborated the story based only on Professor Little's statement to her. She did not witness the alleged kiss. 4 7 8 9 7 Id. at \u00b6 23. 8 Id. 9 Id. at \u00b6 25. 3/15/25, 12:43 Fogel v. Univ. of the Arts NO. 18-5137 \| Casetext Search + Citator 4/26 Professor Fogel alleges deficiencies in Coordinator Morrison's investigation. He alleges she failed to investigate all available evidence. She failed to objectively evaluate Professor Little's credibility. He claims the University failed to provide adequate notice of the charges against him, including the date, time, and location of the incidents alleged. Coordinator Morrison failed to interview the entire group of women from the FotoFest conference to whom Professor Little reported the kiss. Coordinator Morrison also failed to consider Ms. Autin's admission to FotoFest representative Marta Sanchez Philippe she thought \"it was possible that Professor Fogel's remark about the room key was a 'joke' and that his intent was not malicious.\" Professor Fogel gave Coordinator Morrison names of witnesses but she refused to interview them. 10 11 12 13 14 15 10 Id. at \u00b6 28. 11 Id. 12 Id. at \u00b6 29. 13 Id. at \u00b6 30. 14 Id. at \u00b6 31. 15 Id. at \u00b6 43. Professor Fogel alleges Coordinator Morrison considered \"unsubstantiated . . . extremely prejudicial allegations\" against him. For example, she relied on Professor Little's statements (1) Professor Fogel \"has difficulty working with a woman in a position of authority over him,\" (2) other women at the FotoFest \"had heard of Professor Fogel,\" and (3) Professor Fogel exhibited \"typical male verbal flirting behavior.\" 16 17 16 Id. at \u00b6 33. 17 Id. at \u00b6 34. Professor Fogel alleges Coordinator Morrison accepted an unreliable explanation for why Professor Little waited to report his conduct. Professor Little waited twenty-one months to report 5 the kiss because she 5 3/15/25, 12:43 Fogel v. Univ. of the Arts NO. 18-5137 \| Casetext Search + Citator 5/26 \"tolerated\" his kiss \"in exchange for [Professor Fogel's] support and professional advice.\"18 18 Id. at \u00b6 26. Coordinator Morrison also relied on Ms. Autin's statements during the investigation (1) most female photographers at the FotoFest \"guessed that it was Harris Fogel when [Ms.] Autin recounted her allegation that he offered her his room key,\" (2) an unnamed male photographer said he saw Professor Fogel acting in a \"sleazy manner\" with female photographers at FotoFest, and, (3) an unnamed female photographer told Ms. Autin Professor Fogel \"was 'very flirtatious' and she thought [Professor Fogel] gave her a show 'because she was young, cute, and bubbly.'\"19 19 Id. at \u00b6 35. On January 12, 2018, Professor Fogel challenged Coordinator Morrison's reliance on \"gender-based stereotypical accusations\" like Professor Little's claim during the investigation of \"typical male verbal flirting behavior.\" Coordinator Morrison did not seriously address his concerns. 20 21 20 Id. at \u00b6 37. 21 Id. Professor Fogel alleges the University treats female complainants of sexual misconduct differently than it treats male complainants. During the investigation, Professor Fogel told Coordinator Morrison Ms. Massoni attempted to give him \"an unwanted hug and a kiss\" during a 2015 conference in New Orleans. When he asked how \"that conduct could be deemed acceptable (when done by a female) but sexual assault when done by a male,\" Coordinator Morrison failed to offer a \"meaningful response\" or initiate an investigation against Ms. Massoni. 22 23 22 Id. at \u00b6 39. 23 Id. Professor Fogel also argued Coordinator Morrison failed to consider a law firm's finding \"insufficient evidence\" to substantiate Ms. Autin's claim of 3/15/25, 12:43 Fogel v. Univ. of the Arts NO. 18-5137 \| Casetext Search + Citator 6/26 misconduct at the FotoFest conference.24 24 Id. at \u00b6 32. Coordinator Morrison also refused to provide Professor Fogel with a copy of her investigative report. When his counsel suggested providing a redacted copy to protect witnesses' 6 identities, Coordinator Morrison still refused. Coordinator Morrison also used a \"preponderance of the evidence\" standard rather than a \"clear and convincing evidence\" standard in evaluating the claims. Coordinator Morrison denied him the ability to respond in writing to her report. She also denied him a live hearing to present witnesses. 25 6 26 27 28 29 25 Id. at \u00b6 40. 26 Id. 27 Id. at \u00b6 41. 28 Id. at \u00b6 42. 29 Id. at \u00b6\u00b6 42, 43. Without a hearing, Coordinator Morrison concluded her investigation on January 23, 2018 by finding \"Professor Fogel had committed serious violations of the University's Sexual Misconduct, Sexual Harassment, and Other Forms of Harassment Policy.\"30 30 Id. at \u00b6 20. The University's Dean terminates Professor Fogel. On March 8, 2018, the University Dean Mark Campbell terminated Professor Fogel based on Coordinator Morrison's report and unrelated performance issues. On August 1, 2018, the University's Board of Trustees upheld the termination. The University denied Professor Fogel's appeal of his termination. 31 32 33 31 Id. 3/15/25, 12:43 Fogel v. Univ. of the Arts NO. 18-5137 \| Casetext Search + Citator 7/26 32 Id. 33 Id. Professor Fogel alleges Dean Campbell had a \"documented history of bias and hostility\" against him. Dean Campbell considered Professor Fogel \"difficult to supervise,\" \"not sufficiently collegial,\" and \"obstructionist.\" 34 35 34 Id. at \u00b6 44. 35 Id. at \u00b6 45. Professor Fogel sues. Professor Fogel sued the University, his supervisor Ms. Massoni, and Professor Little. He alleges the University discriminated against him by skewing an investigative process under an erroneous outcome theory to lead to his termination. He sues the University for Title discrimination based on his sex under an erroneous outcome theory attacking the investigation, along with Pennsylvania state law claims of breach of contract, negligence, defamation and false light invasion of privacy. He also sues Ms. Massoni and Professor Little for defamation and false light. Professor Fogel withdrew his negligence claim. 7 36 7 36 Doc. No. 23, at p. 2. II. Analysis. The University moves to dismiss Professor Fogel's Title claim but not his breach of contract, defamation or invasion of privacy claims. Professor Little moves to dismiss Professor Fogel's defamation and invasion of privacy claims.37 37 When considering a motion to dismiss \"[w]e accept as true all allegations in the plaintiff's complaint as well as all reasonable inferences that can be drawn from them, and we construe them in a light most favorable to the non-movant.\" Tatis v. Allied Interstate, LLC, 882 F.3d 422, 426 (3d Cir. 2018) (quoting Sheridan v Metals Corp., 609 F.3d 239, 262 n.27 (3d Cir. 2010)). To survive dismissal, \"a complaint must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.'\" Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 3/15/25, 12:43 Fogel v. Univ. of the Arts NO. 18-5137 \| Casetext Search + Citator 8/26 550 U.S. 544, 570 (2007 claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.\" Id. (citing Twombly, 550 U.S. at 556). Our Court of Appeals requires us to apply a three- step analysis under a 12(b)(6) motion: (1) \"it must 'tak[e] note of the elements [the] plaintiff must plead to state a claim;'\" (2) \"it should identify allegations that, 'because they are no more than conclusions, are not entitled to the assumption of truth;'\" and, (3) \"[w]hen there are well- pleaded factual allegations, [the] court should assume their veracity and then determine whether they plausibly give rise to an entitlement for relief.\" Connelly v. Lane Constr. Corp., 809 F.3d 780, 787 (3d Cir. 2016) (quoting Iqbal, 556 U.S. at 675, 679). A. We deny the University's motion to dismiss Professor Fogel's Title erroneous outcome claim. Professor Fogel sues the University for violating Title under an \"erroneous outcome\" theory. The University moves to dismiss, arguing Professor Fogel fails to state a due process claim. The University is arguing about a theory not in the case. Under Title of the Education Act Amendments of 1972, Congress provides \"[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.\"38 38 20 U.S.C. \u00a7 1681(a). While our Court of Appeals has not addressed erroneous outcome claims under Title IX, other courts of appeals, and district courts in our circuit, have carefully outlined the nature of a Title erroneous outcome claim. In Yusuf v. Vassar College, the Court of Appeals for the Second Circuit explained plaintiffs claiming a Title violation under an \"erroneous outcome\" theory \"must allege particular facts sufficient to cast some articulable doubt on the accuracy of the outcome of the disciplinary proceeding.\" But the plaintiff must allege more than an erroneous outcome. To survive a motion to dismiss, the plaintiff must also allege 39 40 3/15/25, 12:43 Fogel v. Univ. of the Arts NO. 18-5137 \| Casetext Search + Citator 9/26 \"particular circumstances suggesting that gender bias was a motivating factor behind the erroneous finding.\"41 39 Yusuf v. Vassar Coll., 35 F.3d 709, 715 (2d Cir. 1994); Mallory v. Ohio Univ., 76 F. App'x 634, 639 (6th Cir. 2003). 40 Yusuf, 35 F.3d at 715. 41 Id. District courts in our circuit have adopted the pleading standard from Yusuf for erroneous outcome claims under Title IX. For his erroneous outcome claim, Professor Fogel must allege 8 he \"was innocent and wrongfully found to have committed an offense.\" He must allege particular facts casting \"articulable doubt\" on the accuracy of the outcome of the University's proceedings. 42 8 43 44 42 Doe v. Rider Univ., No. 16-4882, 2018 466225, at 8 (D.N.J. Jan. 17, 2018); Doe v. The Trustees of the Univ. of Pennsylvania, 270 F. Supp. 3d 799 (E.D. Pa. 2017). 43 Rider Univ., 2018 466225, at 8 (quoting Yusuf, 35 F.3d at 715). 44 Id. (quoting Yusuf, 35 F.3d at 715). Professor Fogel cannot survive a motion to dismiss alleging only \"a procedurally or otherwise flawed proceeding that has led to an adverse and erroneous outcome combined with a conclusory allegation of gender discrimination.\" To state a claim for erroneous outcome, Professor Fogel must also allege \"particular circumstances suggesting that gender bias was a motivating factor behind the erroneous finding.\" Allegations showing gender bias 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.\" At oral argument, Professor Fogel's counsel conceded his erroneous outcome claim is now based on patterns of decision-making tending to show the influence of gender by focusing on the University's dismissive treatment of his claims involving his supervisor Ms. Massoni in 2015. 45 46 47 3/15/25, 12:43 Fogel v. Univ. of the Arts NO. 18-5137 \| Casetext Search + Citator 10/26 45 The Trustees of the Univ. of Pennsylvania, 270 F. Supp. 3d at 822 (quoting Yusuf, 35 F.3d at 715). 46 Id. at 823 (quoting Harris v. Saint Joseph's Univ., No. 13-3937, 2014 1910242, at 4 (E.D. Pa. May 13, 2014)). 47 Id. As the University's counsel eventually conceded in oral argument, Professor Fogel's pleading of the different treatment of Professor Fogel's claims involving his female supervisor may give rise to a claim subject to discovery. In Doe v. The Trustees of the University of Pennsylvania, a female student accused a male student of sexual assault leading to disciplinary proceedings and suspension from the school. The male student sued the school under a Title erroneous outcome theory. The court found sufficient allegations of gender bias when the plaintiff alleged the University's disciplinary procedures favor female complainants and disfavor the generally-male perpetrators. The plaintiff alleged the University's training materials instructed officials to believe the accuser and presume the accused's guilt\u2014 the accused usually a male. The plaintiff also alleged University policy statements showing \"victim-centric\" approaches to sexual misconduct and an article quoting the University's President and Provost along with a study 9 showing \"female students were significantly more likely to be sexually assaulted than male students.\" Although the male student failed to allege gender-biased statements by a University representative, the court found his allegations of biased training materials and other pro-complainant bias \"taken together and read in a light most favorable\" to the male student supported a plausible claim for erroneous outcome. 48 49 50 9 51 52 48 Id. 49 Id. 50 Id. 51 Id. 52 Id. at 823-24. 3/15/25, 12:43 Fogel v. Univ. of the Arts NO. 18-5137 \| Casetext Search + Citator 11/26 Professor Fogel claims erroneous outcome alleging the University of the Arts received \"substantial federal funding\" and thus Title applies. The University denies Title applies but, on the present record, we must allow discovery into the specifically plead allegation of federal funding for the University. As Professor Fogel sufficiently alleges Title applies, we determine whether he sufficiently states an erroneous outcome claim. 53 53 Doc. No. 14 \u00b6 53. After alleging Title applies, he alleges the University \"initiated and conducted the investigation and subsequent hearing of [Professor] Little and [Ms.] Autin's complaints in a manner that was biased against [Professor Fogel] due to his sex.\" We determine whether Professor Fogel sufficiently pleads (1) particular facts casting doubt on the accuracy of the outcome and (2) particular circumstances suggesting gender bias motivated the erroneous outcome. 54 54 Id. at \u00b6 61. 1. Professor Fogel alleges facts casting doubt on the accuracy of the outcome of the University's disciplinary proceedings. At this stage, Professor Fogel alleges \"particular facts sufficient to cast some articulable doubt on the accuracy of the outcome of the disciplinary proceeding.\" He alleges a law firm investigated Ms. Autin's complaint about Professor Fogel and found insufficient evidence to substantiate her allegation. He alleges Coordinator Morrison ignored \"exculpatory evidence,\" including the law firm's conclusion and Ms. Autin's statement to Ms. Philippe \"it was possible\" Professor Fogel's comment about his room key was a \"joke.\" 10 55 56 10 55 Id. at \u00b6 32. 56 Id. at \u00b6 31. Professor Fogel alleges in her letter to Coordinator Morrison, Professor Little claimed Professor Fogel \"has difficulty working with a woman in a position of authority over him.\" Since Professor Fogel and Professor Little did not work at the same school, Professor Fogel believes the comment 57 3/15/25, 12:43 Fogel v. Univ. of the Arts NO. 18-5137 \| Casetext Search + Citator 12/26 \"must have emanated from [Ms.] Massoni or someone else at [the University] as [Professor] Little would otherwise have had no way of possessing such a belief.\"58 57 Id. at \u00b6 34. 58 Id. Professor Fogel alleges Coordinator Morrison failed to provide him with adequate notice of the charges against him. He alleges she failed to \"analyze and document the available evidence.\" He also alleges she failed to interview all the people to whom Professor Little reported the kiss at the 2016 FotoFest conference. He alleges Coordinator Morrison refused to interview witnesses he provided and denied him a live hearing. 59 60 61 62 59 Id. at \u00b6 29. 60 Id. 61 Id. at \u00b6 30. 62 Id. at \u00b6\u00b6 42-43. In its motion to dismiss, the University does not address Professor Fogel's erroneous outcome claim. It argues a due process theory not at issue. At this stage, Professor Fogel alleges sufficient facts casting doubt on the accuracy of the University's conclusion Professor Fogel committed sexual misconduct. 2. Professor Fogel alleges facts suggesting gender bias was a motivating factor behind the erroneous outcome. Professor Fogel alleges facts \"suggesting that gender bias was a motivating factor behind the erroneous finding.\" Professor Fogel alleges Professor Little reported to Coordinator Morrison he exhibited \"typical male verbal flirting behavior.\" Professor Fogel claims gender bias in the investigation since Coordinator Morrison improperly considered and relied on these \"gender-based stereotypical accusations.\" 63 64 63 Id. at \u00b6 34. 3/15/25, 12:43 Fogel v. Univ. of the Arts NO. 18-5137 \| Casetext Search + Citator 13/26 64 Id. at \u00b6 37. Professor Fogel also attempts to show gender bias arguing the University treats male and female complainants differently. For example, during the investigation, Professor Fogel reported to Coordinator Morrison his supervisor Ms. Massoni attempted to give him \"an unwanted hug and 11 a kiss\" at a conference in New Orleans in 2015. He asked Coordinator Morrison \"how that conduct could be deemed acceptable (when done by a female) but sexual assault when done by a male.\" Coordinator Morrison did not give Professor Fogel a \"meaningful response\" and took no further action against Ms. Massoni. 11 65 66 67 65 Id. at \u00b6 39. 66 Id. 67 Id. He alleges his supervisor Ms. Massoni's gender bias. Professor Fogel believes Ms. Massoni \"to have been instrumental in the [University's] actions against Fogel.\" He also alleges Ms. Massoni \"repeatedly . . . demonstrated an anti- male bias toward Fogel and other males.\" To demonstrate gender bias, Professor Fogel alleges Ms. Massoni \"regularly\" criticized male colleagues and employees harsher than she criticized female colleagues and students. He alleges she criticized female students who \"dressed in a traditional feminine way.\" He alleges Ms. Massoni discussed her abortion and her \"difficulties in dealing with males in personal relationships\" with students and colleagues. Professor Fogel also alleges Ms. Massoni told Professor Little there were \"other complaints about Fogel\" to encourage her to complain. 68 69 70 71 72 73 68 Id. at \u00b6 61. 69 Id. 70 Id. 71 Id. 72 Id. 3/15/25, 12:43 Fogel v. Univ. of the Arts NO. 18-5137 \| Casetext Search + Citator 14/26 73 Id. at \u00b6 12. Professor Fogel alleges sufficient facts suggesting gender bias motivated the erroneous outcome. In The Trustees of the University of Pennsylvania, our colleague Judge Padova found the plaintiff, despite failing to allege inculpatory statements made by University representatives, sufficiently alleged gender bias with facts showing the school \"designed its disciplinary procedures to favor female complainants and disfavor the respondents, who are almost always male.\" Professor Fogel also fails to allege statements by University representatives showing gender bias in the disciplinary proceedings. We also fail to see how Ms. Massoni's personal gender bias shows a bias in the University's disciplinary proceedings. But he does allege other facts showing gender bias in the University's disciplinary procedures. For example, he alleges Coordinator Morrison investigated Professor Little's misconduct claims against him but failed to investigate his similar 12 misconduct claim against Ms. Massoni. Assuming the truth of his allegations as we must do at this stage, Professor Fogel alleges the University treats female complainants more favorably than it treats male complainants. The University does not challenge Professor Fogel's erroneous outcome claim in its motion to dismiss other than counsel's conclusory statement at oral argument Professor Fogel fails to allege gender bias. 74 12 75 74 The Trustees of the Univ. of Pennsylvania, 270 F. Supp. 3d at 823. 75 Doc. No. 14 \u00b6 39. We deny the University's motion to dismiss Professor Fogel's erroneous outcome claim. 3. The University incorrectly characterizes Professor Fogel's erroneous outcome claim as a Fourteenth Amendment due process claim. The University characterizes Professor Fogel's erroneous outcome claim as a due process claim under the Fourteenth Amendment. We disagree. In his Amended Complaint, Professor Fogel alleges he \"makes a claim of discrimination under the erroneous outcome theory.\" Professor Fogel's claim is one of gender discrimination, not deprivation of due process. While 76 3/15/25, 12:43 Fogel v. Univ. of the Arts NO. 18-5137 \| Casetext Search + Citator 15/26 he does allege the University denied him due process throughout the disciplinary proceedings, Professor Fogel alleges these instances to \"cast some articulable doubt on the accuracy of the outcome of the disciplinary proceeding\" as he must do to state a claim for erroneous outcome. But the claim itself is not one for deprivation of due process. We deny the University's motion to dismiss Professor Fogel's Title claim since Professor Fogel does not allege a due process claim. 76 Doc. No. 14 \u00b6 55. B. We grant in part and deny in part Professor Little's motion to dismiss Professor Fogel's defamation claim. Professor Fogel alleges defamation against all Defendants. Only Professor Little moves to dismiss Professor Fogel's defamation claim. To state a defamation claim under Pennsylvania law, Professor Fogel must allege: \"(1) the defamatory character of the communication; (2) its publication by the defendant; (3) its application to the plaintiff; (4) the understanding by the recipient of its defamatory meaning; (5) the 13 understanding by the recipient of it as intended to be applied to the plaintiff; (6) special harm resulting to the plaintiff from its publication; and (7) abuse of a conditionally privileged occasion.\" If Professor Little's statement \"imputes a criminal offense, loathsome disease, business misconduct, or serious sexual misconduct, the statement constitutes defamation per se and proof of 'special' damages is not required.\" 13 77 78 77 Hill v. Cosby, No. 15-1658, 2016 491728, at 2 (W.D. Pa. Feb. 9, 2016), aff'd, 665 F. App'x 169 (3d Cir. 2016) (citing 42 Pa. C.S. \u00a7 8343). The parties agreed at oral argument Pennsylvania law applies. At this stage, we apply Pennsylvania law to Professor Fogel's claim. 78 Rose v. Dowd, 265 F. Supp. 3d 525, 531 (E.D. Pa. 2017) (citing Franklin Prescriptions, Inc. v. New York Times Co., 424 F.3d 336, 343 (3d Cir. 2005)). \"Whether a statement is capable of a defamatory meaning is a question of law for the court statement is defamatory if \"it tends to harm the reputation of another so as to lower him in the estimation of the community or to deter third persons from associating or dealing with him.\" 79 80 3/15/25, 12:43 Fogel v. Univ. of the Arts NO. 18-5137 \| Casetext Search + Citator 16/26 14 79 Byars v. Sch. Dist. of Philadelphia, 942 F. Supp. 2d 552, 564 (E.D. Pa. 2013) (citing Blackwell v. Eskin, 2916 A.2d 1123, 1125 (Pa. Super. Ct. 2007)). 80 Byars, 942 F. Supp. 2d at 563-64 (citing Tucker v. Philadelphia Daily News, 848 A.2d 113, 124 (Pa. 2004)). Professor Fogel alleges two sets of defamatory statements: (1) statements Professor Little made to the University through Coordinator Morrison and (2) statements Professor Little made to third-party conference attendees. We address each set of statements in turn. 1. We grant Professor Little's motion to dismiss Professor Fogel's defamation claim for statements to Coordinator Morrison. Professor Fogel alleges Professor Little made defamatory statements on December 10, 2017 to Coordinator Morrison: \u2022 \"[O]n some unspecified day in March 2016 Professor Fogel greeted her with a kiss upon his seeing her at the Society for Photographic Education (SPE) conference in Las Vegas . . . the kiss was unwelcome and took place in the lobby of the hotel where the conference was being held\" \u2022 \"[Professor Fogel] has difficulty working with a woman in a position of authority over him\" \u2022 \"[O]ther unidentified women at the 2016 Houston FotoFest Conference had heard of Professor Fogel\" 81 82 83 14 \u2022 Professor Fogel exhibited \"typical male verbal flirting behavior\"84 81 Doc. No. 14 \u00b6 11. 82 Id. at \u00b6 34. 83 Id. 84 Id. 3/15/25, 12:43 Fogel v. Univ. of the Arts NO. 18-5137 \| Casetext Search + Citator 17/26 Professor Little argues Pennsylvania's judicial proceeding privilege bars Professor Fogel's claims based on these statements to Coordinator Morrison. We agree. The judicial proceeding privilege bars Professor Fogel's defamation claim for statements made to the University through Coordinator Morrison. Professor Little argues an absolute privilege applies to her statements reporting Professor Fogel's behavior to the University through Coordinator Morrison. She alleges Pennsylvania's judicial proceeding privilege applies since \"the policy reasons for allowing honest and truthful statements to be made in the context of investigating a sexual harassment and assault claim must prevail.\" Professor Fogel argues we cannot determine an affirmative defense like absolute privilege at the motion to dismiss stage. 85 85 Doc. No. 22-1, p. 10. Under Pennsylvania law, \"statements made by judges, attorneys, witnesses and parties in the course of or pertinent to any stage of judicial proceedings are absolutely privileged and, therefore, cannot form the basis for liability for defamation.\" Professor Little must satisfy two elements: (1) the allegedly defamatory statements were \"issued during the regular course of the judicial proceedings\" and (2) the statements were \"pertinent and material to those proceedings.\" The privilege applies to judicial and quasi- judicial proceedings. 86 87 88 86 Schatzberg v. State Farm Mut. Auto. Ins. Co., 877 F. Supp. 2d 232, 246 (E.D. Pa. 2012) (quoting Pawlowski v. Smorto, 588 A.2d 36, 41 (Pa. Super. Ct. 1991)). 87 Bochetto v. Gibson, 860 A.2d 67, 73 (Pa. 2004). 88 Milliner v. Enck, 709 A.2d 417, 419 (Pa. Super. Ct. 1998) (applying absolute privilege to defamation claim when a defendant employer made statements to the Pennsylvania Department of Labor concerning the plaintiff's unemployment compensation application). Professor Little cites Schanne v. Addis. In Schanne, a former student told her friend she had been romantically involved with her high school teacher while attending the high school several years earlier. Her friend reported this to the high school, the high school held a pre-termination hearing and 89 3/15/25, 12:43 Fogel v. Univ. of the Arts NO. 18-5137 \| Casetext Search + Citator 18/26 eventually terminated the teacher. The teacher sued the former student for defamation. Judge Brody in our district granted summary judgment for the former student on the basis absolute privilege protected her statements. Judge Brody explained Pennsylvania courts grant 15 an absolute privilege for \"statements that relate to a judicial proceeding if the communications are preliminary to, instituting, or part of the proceeding.\" Judge Brody applied the privilege because the former student's statement to her friend \"served as the catalyst\" for the high school's pre-termination hearing and eventual termination of the teacher. Although the former student did not intend to initiate a proceeding when she talked to her friend, Judge Brody explained \"the motive of the speaker . . . is entirely irrelevant for absolutely privileged statements.\" 15 90 91 92 89 Schanne v. Addis, 898 F. Supp. 2d 751, 755 (E.D. Pa. 2012), vacated and remanded, 615 F. App'x 759 (3d Cir. 2015). 90 Id. (citing Pawlowski v. Smorto, 588 A.2d 36, 42 (Pa. Super. Ct. 1991)). 91 Id. at 757. 92 Id. Our Court of Appeals vacated the grant of summary judgment after certifying a single question to the Supreme Court of Pennsylvania: \"Does the absolute judicial privilege apply to an allegation of sexual misconduct against a teacher by a former student, which allegation was made prior to the commencement of any quasi-judicial proceeding and without an intent that the allegation lead to a quasi-judicial proceeding?\"93 93 Schanne v. Addis, 615 F. App'x 759 (3d Cir. 2015). The Pennsylvania Supreme Court held the privilege does not apply in a situation where the former student does not intend to initiate a judicial or quasi-judicial proceeding against the teacher. The supreme court cited evidence the former student made the allegedly defamatory statements to the friend \"with no desire or expectation that the allegation she made against [the teacher] would result in proceedings of any type.\" The supreme court explained the privilege's application to statements made before the commencement of an investigation helps \"incentiviz[e] 94 95 3/15/25, 12:43 Fogel v. Univ. of the Arts NO. 18-5137 \| Casetext Search + Citator 19/26 individuals to speak freely in seeking to initiate judicial or quasi-judicial proceedings.\" But the privilege does not serve this policy when the defamation defendant does not intend to initiate a proceeding or seek a remedy. The supreme court explained its rule accords with the Restatement rule for communications preliminary to proposed judicial or quasi-judicial proceedings, where absolute immunity applies \"when the communication has some relation to a proceeding that is actually contemplated in good faith and under serious consideration by the witness or a possible 16 party to the proceeding.\" The supreme court distinguished Schanne from cases where statements \"were made in a directed effort to initiate proceedings or otherwise obtain relief from school officials for harm stemming from a school employee's alleged misconduct.\" 96 97 16 98 99 94 Schanne v. Addis, 121 A.3d 942, 952 (Pa. 2015). 95 Id. at 949. 96 Id. 97 Id. 98 Id. at 950 (Comment to Restatement (Second) of Torts \u00a7 588 (1977)). 99 Id. The Pennsylvania Supreme Court explained it would not determine whether the privilege applies in a case where a complainant intended to initiate a school disciplinary proceeding against a school employee. Professor Fogel alleges Professor Little \"initiated the process by which Professor Fogel was terminated when, on December 10, 2017, she wrote to the UArts Title Coordinator and Diversity Director Lexi Morrison and asserted that on some unspecified day in March 2016 Professor Fogel had greeted her with a kiss upon his seeing her at the Society for Photographic Education (SPE) Conference in Las Vegas, NV.\" Professor Little's statements were \"pertinent and material\" to Coordinator Morrison's subsequent investigation and conclusions about Professor Fogel's conduct. Professor Fogel pleads Professor Little \"initiated\" quasi-judicial proceedings against Professor Fogel warranting application of absolute privilege. Unlike Schanne where the plaintiff reported misconduct to her friend without any 100 3/15/25, 12:43 Fogel v. Univ. of the Arts NO. 18-5137 \| Casetext Search + Citator 20/26 expectation of disciplinary proceedings, Professor Little reported Professor Fogel's misconduct to his school's Title coordinator \"initiating\" an investigation against Professor Fogel. The policy rationale explained in the supreme court's opinion in Schanne applies here to \"incentivize\" individuals like Professor Little to speak freely in seeking to initiate proceedings for sexual misconduct. 100 Doc. No. 14 \u00b6 11. Professor Fogel only argues we cannot dismiss his defamation claim at this stage based on an affirmative defense. But courts in our district have dismissed defamation claims at this stage applying Pennsylvania's judicial proceeding privilege. We dismiss Professor Fogel's defamation claim against Professor Little based on statements she made to Coordinator Morrison. 17 101 102 17 101 Giusto v. Ashland Chem. Co., 994 F. Supp. 587, 594 (E.D. Pa. 1998); Ortiz v. Delaware River Port Auth., No. 09-6062, 2010 1994911 (E.D. Pa. May 17, 2010). 102 As we dismiss Professor Fogel's claim for statements to the Coordinator Morrison on the basis of absolute privilege, we do not address Professor Little's argument these statements are \"non-actionable\" opinions. 2. We deny Professor Little's motion to dismiss Professor Fogel's defamation claim for pre-investigation statements to third-party conference attendees. Professor Fogel also alleges Professor Little made defamatory statements to third-party conference attendees. He alleges Professor Little reported the forced kiss to (1) University of the Arts faculty member Professor David Graham and (2) a group of women at the 2016 FotoFest conference in Houston, Texas. He alleges Professor Little told these third parties she \"had been sexually assaulted and harassed by Plaintiff, when, in fact, she had not.\" Professor Little raises several defenses: (1) her statements were true, (2) absolute privilege bars the claim, and (3) Professor Fogel fails to state a claim. We address each in turn. 103 104 103 Doc. No. 14 \u00b6\u00b6 23-24. 3/15/25, 12:43 Fogel v. Univ. of the Arts NO. 18-5137 \| Casetext Search + Citator 21/26 104 Id. at \u00b6 86. a. At this preliminary stage, Professor Little fails to establish truth as defense to Professor Fogel's defamation claim. Professor Little argues \"the truth that [Professor Fogel] sexually assaulted and harassed [her] by forcibly kissing her against her will is an absolute defense to Fogel's defamation claim.\" Professor Little further argues Professor Fogel does not deny the forced non-consensual kiss. Professor Fogel responds it is not true he sexually assaulted Professor Little and he did not admit in the Amended Complaint he sexually assaulted her. Professor Fogel argues he pleads falsity, alleging Professor Little \"falsely and maliciously stated to [University] employees and other third parties that she had been sexually assaulted and harassed by [Professor Fogel], when, in fact, she had not.\" 105 106 105 Doc. No. 22-1, at p. 6. 106 Doc. No. 14 \u00b6 86. While Professor Fogel appears to admit he kissed Professor Little, he does not concede a \"forced non-consensual\" kiss. Professor Fogel's claim for defamation lies in Professor Little's statement regarding the lack of consent. To support his claim, he alleges after he kissed her, Professor Little \"did not complain or say anything to Professor Fogel about his greeting her in that manner\" and Professors Fogel and Little later attended public functions together. Professor 18 Fogel's allegations suggest Professor Little consented to the kiss. We cannot find, based on the pleadings, Professor Little's statement of a forced, non-consensual kiss is true warranting dismissal. 107 108 18 107 Id. at \u00b6 23. 108 Id. at \u00b6 12. Professor Little cites Morrison v. Chatham University to support her argument we can dismiss Professor Fogel's defamation claim at this stage. In Morrison, the plaintiff sued a university for defamation after it reported on her transcript (1) she failed a class and (2) the university dismissed her. 109 3/15/25, 12:43 Fogel v. Univ. of the Arts NO. 18-5137 \| Casetext Search + Citator 22/26 In her complaint, the plaintiff conceded both statements were true and did not address the university's defense of truth in her response to the motion to dismiss. The court dismissed the defamation claim, explaining \"a defamation claim may be dismissed when the affirmative defense of truth is apparent on the face of a complaint.\"110 109 Morrison v. Chatham Univ., No. 16-476, 2016 4701460 (W.D. Pa. Sept. 8, 2016). 110 Id. at 4. Although Professor Fogel does not deny he kissed Professor Little, it is not apparent from the face of the Amended Complaint Professor Little's statement Professor Fogel forcibly kissed her is true. Professor Little may develop the truth defense through discovery. b. We deny Professor Little's motion to dismiss claims for statements to third-party conference attendees on the basis Pennsylvania's judicial proceeding privilege bars Professor Fogel's claims. Pennsylvania's judicial proceeding privilege bars Professor Fogel's defamation claims for statements made to Coordinator Morrison as Professor Little \"initiated\" disciplinary proceedings with these statements. But we cannot make the same findings as to Professor Little's statements to third parties conference attendees because we cannot find Professor Little made these statements to initiate judicial or quasi-judicial proceedings. We will not at this stage grant absolute privilege under Pennsylvania's judicial proceeding privilege for Professor Little's statements to third-party conference attendees. 19 19 c. Professor Fogel states a claim for defamation against Professor Little for the pre-investigation statements made to third-party conference attendees. Professor Little alleges Professor Fogel fails to state a claim because he merely concludes her statements were defamatory. Professor Fogel alleges Professor Little \"falsely and maliciously stated to [University] employees and other third parties that she had been sexually assaulted and harassed by 3/15/25, 12:43 Fogel v. Univ. of the Arts NO. 18-5137 \| Casetext Search + Citator 23/26 [Professor Fogel], when, in fact, she had not.\" Professor Fogel also argues allegations of a forced kiss constitute defamation per se, as they impute serious sexual misconduct or criminal behavior. 111 111 Doc. No. 14 \u00b6 86. Professor Fogel alleges Professor Little \"reported the forced non-consensual kiss to a group of women at the FotoFest 2016 conference in Houston, Texas, several weeks after the alleged kiss happened.\" She also reported the forced non-consensual kiss to University professor David Graham, but Professor Graham could not remember Professor Little telling him about the kiss. Professor Fogel alleges Professor Little told these third parties he \"sexually assaulted and harassed her.\" 112 113 114 112 Id. at \u00b6 24. 113 Id. at \u00b6 23. 114 Id. at \u00b6 86. Professor Fogel pleads the defamatory character of the statement, as allegations of a sexual assault and harassment would tend \"to harm the reputation of another so as to lower him in the estimation of the community.\" Professor Little does not dispute the attendees understood these statements as applying to Professor Fogel. While Professor Fogel does not plead damages resulting from Professor Little's statements to third parties, Professor Fogel may establish the statements impute \"serious sexual misconduct\" or a \"criminal offense\" and constitute defamation per se. We deny Professor Little's motion to dismiss Professor Fogel's defamation claim for statements made to third parties. 20 20 C. We deny Professor Little's motion to dismiss Professor Fogel's invasion of privacy claim. Professor Fogel sues Professor Little for invasion of privacy under the theory Professor Little placed him in a false light. Professor Little argues because the truth defense applies to her defamation claim, the defense applies to her false light claim as well. To state a claim for false light invasion of privacy, Professor Fogel must allege Professor Little's 3/15/25, 12:43 Fogel v. Univ. of the Arts NO. 18-5137 \| Casetext Search + Citator 24/26 statements \"[are] not true, [are] highly offensive to a reasonable person, and [are] publicized with knowledge or in reckless disregard of its falsity.\"115 115 Graboff v. Colleran Firm, 744 F.3d 128, 136 (3d Cir. 2014) (quoting Larsen v. Philadelphia Newspapers, Inc., 543 A.2d 1181, 1188 (Pa. Super. Ct. 1988)). ------- - Professor Little repeats her truth defense in moving to dismiss Professor Fogel's false light claim. As explained, we do not dismiss Professor Fogel's defamation claim at this preliminary stage based on Professor Little's truth defense. The \"truth\" is not apparent from Professor Fogel's allegations. Professor Little may develop this defense through discovery. III. Conclusion. In an accompanying Order, we deny the University's motion to dismiss Professor Fogel's erroneous outcome claim under Title IX. Professor Fogel's negligence claim is dismissed as withdrawn. We grant Professor Little's motion to dismiss Professor Fogel's defamation claim for statements made to Coordinator Morrison. We deny Professor Little's motion to dismiss the defamation claim for statements made to third-party conference attendees. We deny Professor Little's motion to dismiss the invasion of privacy claims. About us Jobs News Twitter Facebook LinkedIn Instagram 3/15/25, 12:43 Fogel v. Univ. of the Arts NO. 18-5137 \| Casetext Search + Citator 25/26 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. 3/15/25, 12:43 Fogel v. Univ. of the Arts NO. 18-5137 \| Casetext Search + Citator 26/26"}
7,544	Glen Dolberg	San Joaquin Delta College	[ "7544_101.pdf", "7544_102.pdf", "7544_101.pdf", "7544_102.pdf" ]	{"7544_101.pdf": "Panel: Student harassed Joe Tone Record Staff Writer Published 12:00 a.m Sept. 3, 2004 Updated 2:27 a.m Jan. 9, 2011 Delta College professor trustee accused panel of Delta College investigators has found a Stockton school board member and longtime professor at San Joaquin Delta College sexually harassed a student in his class last school year. Glen Dolberg, a member of the Stockton Unified School District's Board of Trustees, persistently contacted a student in his civilization class last fall, handwriting notes and calling the student's home, investigators found panel of three Delta College employees -- two administrators and a faculty member -- issued the report after Steven Swofford, a Delta College student, alleged that Dolberg sexually harassed him. Swofford did not claim Dolberg proposed a sexual relationship with him, according to the report. Swofford, 20, is the son of Sam Swofford, executive director of the state teacher credentialing commission and vice president of the Greater Stockton Chamber of Commerce. Sam Swofford also is a former superintendent of the Lodi Unified School District. Dolberg, 60, said he has not been disciplined and is teaching classes this semester. After the panel completed the report in late July, Dolberg requested that an independent arbitrator hear the case to determine whether sexual harassment occurred and what, if any, discipline is warranted, attorneys for both men said. That hearing has not yet been scheduled, they said. According to the panel's report, Dolberg's contact with Steven Swofford included suggestions that he pose for photos in his underwear at an \"isolated\" photo shoot. Saying he wanted to help Swofford pursue a modeling career, Dolberg also gave the student Internet printouts of partially nude male models, investigators found. Swofford declined to comment for this story. Through his attorney, Davey Turner, Swofford filed a formal complaint with the college in November. Turner said his client does not plan to sue but wants Dolberg to lose his job as an instructor -- a job Turner said Dolberg has held since 1975. Dolberg is married with five children. He formerly served as a bishop in the Brookside congregation of the Church of Jesus Christ of Latter-day Saints, he said. Reached at his Delta College office this week, Dolberg also declined to comment on the allegations. His attorney, Craig Rasmussen, said the student misinterpreted Dolberg's contact. Swofford \"very oddly attached ... sexual connotations to these efforts from Dr. Dolberg to help (Swofford out with his career,\" Rasmussen said. Dolberg contacted Swofford several times on campus, on the phone and with notes passed through other students, all in an attempt to arrange a photo shoot, according to the report. Dolberg said he was an amateur photographer, but investigators concluded that the teacher \"has not taken courses, participated in contests or done any other professional modeling photography that would qualify him to assist Mr. Swofford in a modeling career.\" According to the report, Dolberg acknowledged wanting to keep the prospective photo shoot on the \"'down low' (in confidence so as to avoid any possible misinterpretation by others.\" Dolberg denied pressuring the student to take part in a photo shoot and described his contact with Swofford as his normal correspondence when trying to help a student develop a possible career. Voters elected Dolberg to the Stockton Unified board in 1998. He serves Area 7, which includes Stagg High School and other schools in north Stockton. His term expires in 2006. It remains unclear what, if any, impact the panel's findings will have on Dolberg's role as a board member. Clarence Chan, the board president, said board members are aware of the allegations but have not discussed them. He declined further comment. Clem Lee, a 14-year veteran and the board's most senior member, said the board \"doesn't view it as our thing.\" \"This is Delta College's process,\" he said. But, he added, at some point the board may \"need to figure out what our legal options and responsibilities are.\" To reach reporter Joe Tone, phone (209 546-8272 or e-mail [email protected] PHOTO: DOLBERG: Report.", "7544_102.pdf": "Stockton Unified Trustee Glen Dolberg won't seek re-election The Record Published 12:37 a.m July 12, 2006 Updated 12:50 a.m July 12, 2006 - Stockton Unified School District Trustee Glen Dolberg, first elected in 1998, will not seek re-election in November, he announced Tuesday during a district governing board meeting. Dolberg, 62, was eligible to run for a third term. During the portion of the board meeting dedicated to trustee comments, Dolberg distributed a four-page statement detailing his entrance into school district governance and accomplishments made since his election. Dolberg is the trustee for Area 7, representing Adams, Kennedy, Kohl and Pulliam elementary schools, Stagg High School and the Institute for Business Management and Law. He said Tuesday that the district is on course for educational success and that he feels it is time for a new board member to take his place. \"It is time that step back and allow someone else the opportunity to enjoy the exhilaration that comes from successful involvement in bringing to pass ever more success for our community,\" he read from his statement. Including Dolberg's, four of the seven Stockton Unified governing board seats are open for election in November: the Area 2 seat held by Louis Gonzales, the Area 5 seat held by Venice Holladay and the Area 6 seat held by Katrina Rios. In June 2005, Dolberg retired from San Joaquin Delta College after 30 years of teaching social science there. His retirement followed allegations of sexual harassment involving a male student. Dolberg, who campaigned to establish term limits for district trustees, said he initially was hesitant to seek election himself. \"When accepted this challenge warned everyone that if were elected would never be the same,\" he read from his statement would experience unprecedented changes, or would die trying to effect those changes. As you can see didn't die, and as you hopefully also have already seen has undergone some pretty big changes.\" Superintendent Jack McLaughlin congratulated Dolberg on coming to his decision."}
8,322	Jeffrey D. Brooks	St. Petersburg Junior College	[ "8322_101.pdf" ]	{}
8,903	Brian Stone	California State Polytechnic University - Pomona	[ "8903_101.pdf", "8903_102.pdf" ]	{"8903_101.pdf": "New batch of records shows professors disciplined for sexual harassment Records show students suffered sexual advances from professors sex 2, 2022 2 CSU's Title Reckoning 01/03/2025, 09:40 New batch of records shows professors disciplined for sexual harassment \| EdSource 1/7 San Francisco State is among the campuses that reported cases of inappropriate behavior by faculty. Photo: Larry Gordon/EdSource Fifty-four faculty members, coaches and other non-mangagement employees at 12 California State University campuses were found to have committed violations of sexual misconduct and discrimination policies in cases resolved between 2017 and 2021, some resulting in firings and resignations, new information released by the university system shows. The violations included unwanted sexual advances, including requests for sex, unwanted touching and kissing, and discrimination based on gender and race, according to the records. The case summaries were released in the wake of recent controversies over how the 23-campus system, the nation\u2019s largest four-year public university, has handled sexual harassment complaints and disciplined employees. 01/03/2025, 09:40 New batch of records shows professors disciplined for sexual harassment \| EdSource 2/7 The records reveal cases involving 54 employees, six of whom committed two or more offenses. They include 38 people with academic job titles, such as professor or assistant professor, and almost all of them involve complaints by students. Cases from another five campuses will be released later this month. The remaining six campuses had no records of such misconduct, a university official said. EdSource originally filed a public records request for all case files in May but agreed to receive the summary information after university officials said it could take up to a year to review and redact information identifying victims in the voluminous files. In at least one case, a professor found to have committed violations of the university\u2019s policies prohibiting sexual and gender harassment and sexual misconduct, resigned from one campus only to later land a teaching job at another. Another professor resigned after San Francisco State University decided to fire him after it found he had \u201can intimate relationship with two students during a time when he had significant academic authority over both.\u201d That person now teaches at a university in South Carolina The remaining campuses that released summary information on sexual harassment cases are listed here with links to the cases: Cal Poly Pomona Cal State Fullerton Cal State Los Angeles Sacramento State Fresno State San Marcos San Diego State Stanislaus State Sonoma State Note Channel Islands Dominguez Hills Northridge San Bernardino, and San Jose State are expected to release records later this month Bakersfield, Cal Poly Humboldt Long Beach Maritime 01/03/2025, 09:40 New batch of records shows professors disciplined for sexual harassment \| EdSource 3/7 Monterey Bay, and Cal Poly San Luis Obispo claim to have no records of cases in which employees were disciplined for sexual misconduct or discrimination between 2017 and this year. For 30 of the employees, the misconduct investigations led to the end of their careers at the campus where the misconduct occurred. Many resigned during the investigations, while others were fired, not reappointed to teaching positions or entered retirement. Other cases resulted in suspensions for weeks and sometimes semesters, letters of reprimand and counseling for the offending employee, the summaries show. The investigations themselves can take years. At system headquarters, a spokesman for the Chancellor\u2019s Office defended the review and disciplinary process. \u201cWhile the circumstances of each instance outlined in the summaries can vary significantly, after a finding of misconduct or policy violation was substantiated, the respective campuses worked to resolve the issues by taking appropriate action and following necessary procedures,\u201d the spokesman, Michael Uhlenkamp, wrote in a statement Monday. The new documents did not include any possible court decisions after the actions if the employee filed an appeal. \u201cFaculty and staff are represented by unions and have various additional rights to their employment, including the right to appeal any discipline for review and decision by an outside agency,\u201d Uhlenkamp added. The summaries were released nearly six months after Chancellor Joseph I. Castro resigned in the wake of a revelation that Castro failed to aggressively discipline an underling and personal friend, Frank Lamas, when Castro was president of Fresno State in 2020. Castro agreed to pay Lamas $20,000 in Fresno State funds and write him a letter of recommendation for other jobs in exchange for Lamas resigning after an investigation found he sexually harassed an employee. 01/03/2025, 09:40 New batch of records shows professors disciplined for sexual harassment \| EdSource 4/7 Students protested and faculty called for Castro\u2019s removal when the deal became public trustees ordered an independent investigation of sexual harassment across the massive system. Earlier this year released similar summaries of management employees who committed sexual misconduct, including viewing pornography on university computers and managers who sexually harassed people on their staffs. The newly released summaries of non-management cases show students were often victims professor at Chico State resigned before he could be disciplined while facing charges of gender harassment of a student and having what was called a \u201cprohibited consensual relationship\u201d with a student, according to the summaries. The professor, Michael Regan, was then hired to teach in the kinesiology and sociology departments at Cal State East Bay in Hayward where he remains spokesperson for Cal State East Bay said the school was \u201clooking into\u201d Regan\u2019s hiring. At Chico State, a spokesman told EdSource by email it could not be immediately determined if the East Bay school requested any information on Regan\u2019s tenure at Chico. In an email, Regan told EdSource was open about pursuing a consensual relationship and decided to resign at the conclusion of the semester and not to return for my final visiting semester due to policy on conflict of interest on relationships.\u201d In another case, a San Francisco State business professor, Oscar Stewart, \u201cengaged in consensual sexual relationships with students when he had significant academic authority over both,\u201d according to summary information that was drawn from a misconduct investigation into his actions. \u201cThe sustained allegations were not based on formal complaint against (Stewart) but the university investigated after learning of the allegations,\u201d the summary states. It does not say how the university learned of the allegations. 01/03/2025, 09:40 New batch of records shows professors disciplined for sexual harassment \| EdSource 5/7 The university officials decided to fire Stewart, but then allowed him to resign, the records show. He is now a professor at the College of Charleston in South Carolina. In an email on Monday, Stewart said that the university released \u201cfalse information\u201d about him resigned so as not to deal with a university that never supported me throughout the process of retaliation by a group of conservative students who coordinated to retaliate against my anti-racist pedagogy spokesperson for San Francisco State didn\u2019t respond to an email sent late Monday. An expert in college sexual harassment cases said it is clear that professors should know better than to pursue relationships with their students. \u201cJust having a relationship is a violation of the school\u2019s duty of care and a violation of the truth, and the authority a professor has over a student,\u201d said Nancy Hogshead-Makar, an attorney and advocate for Champion Women: Advocacy for Girls and Women in Sports. One out of every 4 women in college have been sexually harassed or assaulted, she said, adding that the complaints show that the victims are willing to speak up. Hogshead-Makar said it can be difficult to prepare young people, especially women, for what to do when they encounter these incidents. Unfortunately, these incidents can really impact their lives, she said, adding that some choose to change their majors or their professions as a result. \u201cI\u2019m just so impressed with this current generation that is speaking out,\u201d she said just turned 60 in April. In my lifetime, the difference between women stepping out to speak on peer and professional sexual harassment is just night and day.\u201d 01/03/2025, 09:40 New batch of records shows professors disciplined for sexual harassment \| EdSource 6/7 436 14th St. Suite 310 Oakland 94612 Phone 510-433-0421 Fax 510-433-0422 [email protected] Privacy Policy 2025 RESERVED. Get daily updates on California education news We are committed to keeping you informed with the latest \u2014 always free, always independent. Sign up for our daily newsletter today to stay on top of education news. indicates required Subscribe Email Address * * 01/03/2025, 09:40 New batch of records shows professors disciplined for sexual harassment \| EdSource 7/7", "8903_102.pdf": "0c71-593b-817b-0bc43abc7164.html No decision reached in child sex abuse case By Jeff Corcino [email protected] Jan 27, 2022 Jeff Corcino The jury failed to reach a verdict by Progress press time on Thursday evening in the child sex abuse trial of Brian Stone, 42, of West Decatur. The jury began its deliberations at approximately 3 p.m. and had not reached a verdict by 6:30 p.m. when court staff ordered dinner for the jury. Stone is accused of raping and sexually assaulting a young girl for a number of years, with the last assault occurring on Jan. 25, 2021, when the girl was home because her high school was having a virtual learning day due to the COVID-19 pandemic. The girl then reported the alleged assaults to a school counselor when she returned to school two days later. Stone took the stand in his own defense yesterday and denied the allegations against him. Stone is charged with rape and criminal attempt rape \u2014 felonies of the first degree, intimidation of witness \u2014 felony of the second degree, 24 counts of aggravated indecent assault without consent \u2014felonies of the second degree, 24 counts of indecent assault without consent \u2014 misdemeanors of the second degree. The Progress will have a complete story on the trial in tomorrow\u2019s edition. Login Support local journalism by subscribing today. Subscribe ( Already a subscriber? Activate digital access. \u00d7 2 articles remaining 01/03/2025, 09:41 No decision reached in child sex abuse case \| Crime \| theprogressnews.com 1/2 Already a subscriber? Activate digital access. \u00d7 2 articles remaining 01/03/2025, 09:41 No decision reached in child sex abuse case \| Crime \| theprogressnews.com 2/2"}
7,846	Michael Katze	University of Washington	[ "7846_101.pdf", "7846_102.pdf", "7846_103.pdf", "7846_104.pdf", "7846_105.pdf", "7846_106.pdf", "7846_107.pdf", "7846_101.pdf", "7846_102.pdf", "7846_105.pdf", "7846_106.pdf", "7846_101.pdf", "7846_102.pdf", "7846_105.pdf", "7846_106.pdf" ]	{"7846_101.pdf": "\"He Thinks He\u2019s Untouchable\u201d: Sexual Harassment Case Exposes Renowned Ebola Scientist Michael Katze, famous for his studies of Ebola and the flu, ran a lab at the University of Washington where intoxication and sexual harassment went Subscribe to BuzzFeed Daily Newsletter Aaron Fernandez / BuzzFeed News 3/15/25, 12:22 \"He Thinks He\u2019s Untouchable\u201d: Sexual Harassment Case Exposes Renowned Ebola Scientist 1/13 unchecked, and where he misused public resources for personal gain, according to two investigations obtained by BuzzFeed News. Azeen Ghorayshi BuzzFeed News Reporter Posted on June 29, 2016 at 3:28 pm In the summer of 2014, as Ebola ravaged West Africa and unleashed panic across the U.S., Michael Katze was a voice of reason. As head of one of the biggest virus labs in the country, he frequently appeared on news spots \u2014 sharply dressed, with his signature black glasses and deep tan \u2014 preaching calm in the face of fear. But away from the cameras, the University of Washington lab in Seattle that Katze had led for nearly 30 years was descending into chaos. Over the next year, one of his most important collaborators severed its $1.2 million partnership. Employees left in droves. And a lab administrator filed charges accusing him of sexually harassing her and a colleague. In August 2015, the university banned Katze from entering his own lab. Michael Katze Illumina Inc / Via youtube.com 3/15/25, 12:22 \"He Thinks He\u2019s Untouchable\u201d: Sexual Harassment Case Exposes Renowned Ebola Scientist 2/13 This past January, a university investigation concluded that Katze, 66, had violated the school\u2019s sexual harassment policies with both employees second investigation, by the university\u2019s School of Medicine, determined that in the process, he had misused university resources for personal gain, including by asking an employee to do chores for him and solicit a prostitute. It recommended a comprehensive internal audit to determine how far this misuse of public funds went. One of the employees was an administrator whom Katze had hired, at an unusually high salary, on the implicit condition that she submit to his sexual demands. He personally rewarded this woman, known as Mary Roe in some court documents, with \u201cthousands or even tens of thousands\u201d of dollars a year in cash and gifts, the investigation found. The university found that Katze also sexually harassed another administrative employee, known as Jane Doe in court documents. According to the investigations, Katze asked her to clean his apartment, purchase marijuana and Percocet for him, email escorts and place personal ads for him, and \u201cschedule his manicures, pedicures, haircuts, and hair lightening appointments.\u201d Meanwhile, he joked about having sex with her, made sexual comments about her appearance, sent her sexually suggestive emails, and, on two occasions, tried while drunk to kiss or touch her. (BuzzFeed News is not disclosing the real names of the two women to protect their privacy.) The university had received at least seven previous complaints about Katze\u2019s behavior, including claims that he was frequently intoxicated in the lab, watched porn on his university computer, belittled his employees, and retaliated against lab members who challenged him spokesperson said the school dealt with allegations against Katze, over the years, with \u201cletters to him, admonishments, etcetera.\u201d But his employment was never suspended or terminated. \u201cMy job is to get grants am singularly focused on training scientists. This kind of shit is completely unimportant to me.\u201d 3/15/25, 12:22 \"He Thinks He\u2019s Untouchable\u201d: Sexual Harassment Case Exposes Renowned Ebola Scientist 3/13 Katze is still collecting a salary from UW. Since February 18, however, a faculty adjudication panel has been deciding whether he should now be fired representative from could not comment on when those discussions would conclude, saying only that Katze\u2019s conduct was \u201cnot in any way reflective of the University\u2019s values\u201d and that the panel will determine an \u201cappropriate outcome.\u201d Over the past year, several esteemed science professors have been embroiled in sexual harassment scandals. But Katze\u2019s case is exceptional, partly because of his response. In December, he took the unusual step of suing the university in federal court for violating his rights as a tenured professor. In April, he sued and BuzzFeed News to block the release of the investigation documents, including more than 100,000 text messages, emails, and other materials. He lost both suits. Katze declined 10 requests to speak to BuzzFeed News. When sent a detailed list of facts in this story, Katze\u2019s lawyer, Jon Rosen, said simply that Katze \u201cwill continue to vigorously defend against the false and salacious charges pending before the University of Washington adjudication panel and expects that when all the facts see the light of day he will be exonerated.\u201d When pressed about his treatment of employees, however, Katze told the university investigator: \u201cMy job is to get grants am singularly focused on training scientists. This kind of shit is completely unimportant to me.\u201d Katze\u2019s research was remarkable for its scope: His team decoded the of viral particles, tested experimental vaccines on monkeys, and predicted how the deadliest outbreaks spread across the globe. His work was supported by several federal agencies, including the National Institutes of Health, which is concerned with understanding the basics of diseases and developing treatments, as well as the Department of Defense, which is wary of bioterrorism and the national security threats posed by diseases such as Ebola. Research on that scale required expensive genome sequencing machines and a staff that ran to the dozens. To pay for all that \u2014 and to boost his personal salary from the state-funded base of $120,000 up to more than $260,000 \u2014 Katze was under constant pressure to beat out competitors for big-ticket federal grants and contracts. He was 3/15/25, 12:22 \"He Thinks He\u2019s Untouchable\u201d: Sexual Harassment Case Exposes Renowned Ebola Scientist 4/13 good at it. By the time the investigation began, the university was getting roughly $30 million in active federal grants for Katze\u2019s research. He hired Jane, who had already worked at for 11 years, in January of 2010. Around the same time, the investigator noted, Katze ended an affair with a female employee 30 years his junior who worked directly under his supervision. Despite the lab\u2019s interpersonal chaos, Katze and Jane became friendly, and he often arranged to socialize outside of work with her and her husband. Katze opened up to Jane about his marital problems and asked her to help him meet women. In 2011, she emailed roughly a dozen escort services on his behalf and placed personal ads for him on Craigslist looking for sexual partners aged 21 and over. \u201cDon\u2019t care if you are married,\u201d one of the ads read, \u201cbut horny is always good.:=)\u201d Jane told the investigator that Katze would comment on her body, \u201cfor instance about her breasts, the length of her skirt, and whether she was wearing panties.\u201d He would make jokes about having threesomes with her or taking her to \u201cno-tell motels.\u201d And he assigned her menial household tasks \u2014 like vacuuming his apartment or buying him furniture \u2014 that were not part of her job description. On Katze\u2019s prompting, Jane began introducing him to women, including Mary. By October of 2011, Mary and Katze had begun emailing, and soon they were spending time together in person. In November, Katze arranged for Mary and Jane to join him at a scientific conference in San Francisco. Katze and Mary continued to see each other, and in July of 2012, he offered her an administrative job in his lab, according to the investigation. He also bought her gifts, including vacations. From the beginning, the investigator noted, Katze held the job and gifts over Mary\u2019s head, making it clear they were dependent on her continuing to act as Katze held the job and gifts over Mary\u2019s head, making it clear they were dependent on her continuing to act as his girlfriend. 3/15/25, 12:22 \"He Thinks He\u2019s Untouchable\u201d: Sexual Harassment Case Exposes Renowned Ebola Scientist 5/13 his girlfriend. For example, when she didn\u2019t respond to his phone calls just before a trip, he texted: \u201cLet me get this straight my baby. You are about to take ur 5th trip to the sun tomorrow. Essentially all expenses paid\u2026.You are galavanting around in your Gucci and Vuittons. Eating in the finest restaurants and staying in beautiful hotels. And have to ask you for phone calls. Kind of not right my honey. Or am missing something? Oh yeah paying for all your kids too. Hmmmmm? Oh yeah and got you a new job with computer iPhone and iPad. Geeze. What\u2019s wrong with this picture?\u201d In another instance before Mary\u2019s official start date, Katze texted Jane: \u201c[Mary] is being a bitch cancelled your meeting told her am done. Call her and tell her all the travel is off as is my job offer.\u201d Ian Messerle, the university\u2019s lead investigator on the case, noted that this text \u201crevealed his position of economic power and his corresponding expectations\u201d of Mary. Mary did get the job, and she and Katze became more intimate. But Messerle noted that oral sex between them was \u201cin every instance\u201d compensated with money, shoes, travel, or time off. She occasionally went with Katze on his work trips, including at least one to Bali. \"We set up a last minute trip and [Mary] is here in Bali for a few days,\u201d Katze wrote Jane at that time. \u201cCan you list her as working from home?\" 3/15/25, 12:22 \"He Thinks He\u2019s Untouchable\u201d: Sexual Harassment Case Exposes Renowned Ebola Scientist 6/13 The women often matched his gleefully crude tone. Jane replied to his email: \u201cAbsolutely ;-)-she is one lucky bitch-hope she blows ya.\u201d On another occasion Mary texted him: \u201cCan get a payday loan? Lol miss your crazy buns!\u201d He responded: \u201cProper bj gets you $500. Squirt included.\u201d Messerle\u2019s full log of texts and emails between Katze and the two employees from 2011 to 2015 shows that their relationship was complex; often, they reciprocated Katze\u2019s overtures in friendly or flirtatious ways. But their texts to each other, as well as other friends, suggest that they felt they had to do so. Mary occasionally made her objections explicit to him. \u201cAnother thing is that feel is that am receiving things or money from you in exchange for a bj,\u201d she texted Katze in May of 2015 don\u2019t want to do that and am put in situations where do it because owe you.\u201d At times when he felt she was distancing herself from him, she told the investigator, Katze would say that he didn\u2019t know if they could work together anymore, and that maybe she should find another job. 3/15/25, 12:22 \"He Thinks He\u2019s Untouchable\u201d: Sexual Harassment Case Exposes Renowned Ebola Scientist 7/13 His position of power was made explicit in how he compensated the two employees, the investigator found. According to the investigation report, Katze paid both of the women much higher salaries than the university standard for their positions and experience: $85,800 a year in the case of Mary and $75,732 a year in the case of Jane. (These salaries confirmed, were paid through Katze\u2019s federal grants.) Katze also showered Mary with \u201cthousands or even tens of thousands\u201d of dollars in cash, shoes, and travel every year. \u201cThe simplest expression of Dr. Katze\u2019s and [Mary\u2019s] working relationship is that she was employed by him to be his girlfriend,\u201d the investigator wrote. After receiving an anonymous complaint in 2013 alleging that Mary was \u201chired to perform sexual favors and accompany Dr. Katze on his business trips,\u201d the school ran an audit. It found that, although she had recently traveled with Katze to Boston and shared a hotel room with him, Mary had attended in her \u201cofficial capacity as an employee.\u201d Around the same time, Jim Champoux, the chair of the microbiology department, asked Katze if he was living with any of his subordinates. Katze said no. It was two years before the subject was raised again. Champoux declined three requests for comment from BuzzFeed News. The lab began to fall apart in the spring of 2015 when, according to Messerle, lab members learned that Ralph Baric of the University of North Carolina at Chapel Hill \u2014 with whom Katze had collaborated for almost a decade \u2014 had terminated Katze\u2019s $1.2 million federal research contract with him. 3/15/25, 12:22 \"He Thinks He\u2019s Untouchable\u201d: Sexual Harassment Case Exposes Renowned Ebola Scientist 8/13 Baric declined to comment to BuzzFeed News, but spokesperson David Pesci confirmed that had carried out an audit of how Katze spent the contract money. \u201cBefore terminating the contract with Dr. Katze the University of North Carolina performed an audit,\u201d Pesci told BuzzFeed News by email. \u201cThe University also secured reimbursement for services that had not been performed and received delivery of equipment from the Katze lab that was critical for the completion of the study.\u201d (Katze had been accused of financial improprieties in 2007, when an employee sent an email to the School of Medicine\u2019s dean\u2019s office saying that Katze had approved outrageous fees for work unnecessarily outsourced to a company whose board he sat on. According to the spokesperson, the university did not investigate those allegations.) Then, in July of last year, as Katze began to criticize Jane\u2019s job performance, she claimed that he called her into his office and exposed himself to her. She filed a police report with the Seattle Police Department and an official harassment complaint with the university. \u201cHe\u2019s done put a fork in him,\u201d Jane texted Mary later that day half hour later, she texted: \u201che thinks he's untouchable.\u201d In January, the investigation concluded that Katze had violated the school\u2019s sexual harassment policies with both employees. On two occasions, it found, Katze got drunk and was physical with Jane, including once at a conference in 2014. Jane said that Katze \u201cput his hands all over her and that he ripped her pants,\u201d the investigation states. But it found insufficient evidence to suggest that he had touched her in inappropriate ways on other occasions that she named. It also found no substantial evidence to support Jane\u2019s claim that he had exposed himself \u2014 either on the occasion she reported to the police or on others that she later named. The investigator suggested that she might have made the incidents up. Based on that finding, the Seattle Police Department said, it did not pursue the matter. Jane declined to comment on the record for BuzzFeed News. The rest of the investigation painted a disturbing picture of how the lab was run. 3/15/25, 12:22 \"He Thinks He\u2019s Untouchable\u201d: Sexual Harassment Case Exposes Renowned Ebola Scientist 9/13 Messerle wrote that interviewees described Dr. Katze as \u201csomeone who became angry when challenged, who became sarcastic and cruel when upset, and someone capable of going to great lengths to retaliate.\u201d Katze also used racist and sexist slurs, the report noted, sometimes referring to black people as \u201cnegroes\u201d and \u201cdescribing women as \u2018bitches\u2019 or \u2018fucking bitches\u2019 and on at least one occasion as a \u2018cunt.\u2019\u201d The investigation was based on interviews with 26 current and former employees and colleagues, as well text messages, emails, and other documents. Because concerns about retaliation were \u201cunlike anything had seen in any investigation had previously conducted,\u201d Messerle wrote, all interviewees (except Katze and the two women) were kept anonymous. \u201cOne interviewee said that they would be able to cite \u2018a bajillion\u2019 examples of his cruelty; another described those incidents as \u2018abundant\u2019; one person said you needed to walk on eggshells around him,\u201d Messerle wrote. \u201cDr. Katze told one employee they were \u2018stupid,\u2019 \u2018a mumbler,\u2019 and \u2018a stutterer.\u2019 Another person told me Dr. Katze called them a \u2018weak sissy with a tiny dick,\u2019 and others recounted complaints that Dr. Katze would tell people they were \u2018fucking stupid\u2019 or \u2018fucking idiots.\u2019\u201d Of the 26 former lab members and colleagues contacted by BuzzFeed News, none agreed to let their names be published in this article. Several insisted on speaking without attribution because they feared professional retaliation; one referred to serious concerns for her health and safety; another said that he was \u201ctraumatized\u201d from his time working under Katze. Most of the employees and students who talked to Messerle about their experience with Katze said they didn\u2019t think going to the administration would have done any good. Many \u201cexpressed a belief that Dr. Katze would not be held accountable for his behavior because there had been previous complaints made about him without consequence,\u201d he wrote. \u201cThere seemed to be a pattern of almost want to say, abusive behavior,\u201d Norm Arkans, the spokesperson, told BuzzFeed News. \u201cStarting back in 2006 and then over several succeeding years, those were dealt with with letters to him, admonishments, etcetera. But did somebody miss a pattern of behavior? Likely.\u201d 3/15/25, 12:22 \"He Thinks He\u2019s Untouchable\u201d: Sexual Harassment Case Exposes Renowned Ebola Scientist 10/13 In December, Katze filed a lawsuit in federal court, claiming that the university deprived him of his tenure rights when it put him on \u201chome assignment\u201d and barred him from talking to his lab members during the investigation. The lawsuit also claimed that Katze was \u201cshocked\u201d by the allegations made against him, that he never exposed himself to or sexually assaulted Jane, and that he never harassed her, Mary, or any other employee. (He admitted to having a \u201cpersonal\u201d relationship with Mary.) The suit demanded that allow him back into the lab (and not inform his funding agencies that he had been banned) until he had a chance to properly defend his case. \u201cHe is basically isolated,\u201d his lawyer, Jon Rosen, said in court in January. \u201cHe can\u2019t do his job, and that\u2019s tantamount to being terminated. Yes, he\u2019s getting his salary, but it\u2019s just tenure rights are broader.\u201d Despite the lawsuit, in January notified the organizations that fund Katze\u2019s research that he\u2019d lost access to his lab. All of his projects were either discontinued or transferred to other researchers. On March 24, Katze filed another motion contesting the university\u2019s decision to reduce his salary as a result of the lost funding. Katze has been tenured since 2009, and the repeated allegations against him \u2014 several filed before 2009 \u2014 are raising questions about how the university could field so many complaints without taking action. \u201cPeople are willing to excuse bad behavior, including sexually inappropriate bad behavior, if people are productive scientifically,\u201d said Michael Eisen, a professor of molecular biology at the University of California, Berkeley, who has been outspoken about the problem of sexual harassment on campus. \u201cPeople are willing to excuse bad behavior, including sexually inappropriate bad behavior, if people are productive scientifically.\u201d 3/15/25, 12:22 \"He Thinks He\u2019s Untouchable\u201d: Sexual Harassment Case Exposes Renowned Ebola Scientist 11/13 But spokesperson Arkans says the school took swift action. \u201cThe record in our case shows clearly that as soon as the specific allegations of sexual harassment were made, we took immediate steps to get him out of the laboratory and to commence a thorough investigation.\u201d Katze\u2019s lab quietly shuttered in April, at which point a half dozen employees who hadn\u2019t moved to other labs were laid off. But he was already looking for a new gig. In February, while a committee of his peers began deliberating his employment status, emails and interviews indicate Katze tried to arrange to work in the lab of Ian Lipkin, a Columbia faculty member and a prominent infectious disease researcher. But shut down the offer. In March, Katze emailed collaborators to say that he\u2019d discussed salvaging some of his old grants by moving them to Lipkin\u2019s lab. In particular, Katze\u2019s emails referred to a Department of Defense project, an $8.6 million contract that was revoked after the agency was informed that Katze lost access to his lab. Reached by phone last week, Lipkin said he had no comment on whether Katze is involved with his lab. But a former Lipkin lab member told BuzzFeed News that Katze was working with Lipkin\u2019s group as a consultant, and Columbia\u2019s directory listed him as a consultant. Columbia notified BuzzFeed News that it would have no comment on Katze. The next day, his name was removed from the directory. \u201cWhatever it appears he is doing with Columbia, he is doing on his own,\u201d said Arkans, the spokesperson. \u201cIt is not approved by us, it is not sanctioned by us. You can only have one job at a time.\u201d As for the women Katze was found to have sexually harassed, both lost their jobs. Mary resigned in March as part of a $150,000 settlement from UW. \u201cShe was able to get her specific issues resolved with the university,\u201d her lawyer, Patrick Reddy, told BuzzFeed News. \u201cShe has to find a way to move on.\u201d 3/15/25, 12:22 \"He Thinks He\u2019s Untouchable\u201d: Sexual Harassment Case Exposes Renowned Ebola Scientist 12/13 a brand. \u00a9 2025 BuzzFeed, Inc Press Privacy Consent Preferences User Terms Accessibility Statement Ad Choices Help Contact Sitemap Azeen Ghorayshi BuzzFeed News Reporter In the case of Jane, who filed the original complaint against Katze, the university offered her $30,000 to sign a settlement and resign. She turned down the offer and was then laid off when the lab closed. Famous Berkeley Astronomer Violated Sexual Harassment Policies Over Many Years buzzfeed.com He Fell In Love With His Grad Student \u2014 Then Fired Her For It buzzfeed.com 3/15/25, 12:22 \"He Thinks He\u2019s Untouchable\u201d: Sexual Harassment Case Exposes Renowned Ebola Scientist 13/13", "7846_102.pdf": "Trending: College students get a taste of startup life inside dynamic entrepreneurship class ( entrepreneurship-class mulls disciplinary action in sexual harassment case involving Ebola researcher Michael Katze (HTTPS://WWW.GEEKWIRE.COM/AUTHOR/ALANBOYLE/) on June 29, 2016 at 5:54 pm The University of Washington says that an internal investigation has found virus researcher Michael Katze violated sexual harassment policies \u2013 and that disciplinary action is currently under consideration. \u201cHis conduct was inappropriate and not in any way reflective of the university\u2019s values spokesman Norm Arkans said today in a statement posted online ( of-professor-michael-katze/). \u201cThis is why the matter is now in the faculty disciplinary process, through which an appropriate outcome will be adjudicated.\u201d ( content/uploads/2016/06/160629- katze.jpg) The University of Washington says virologist Michael Katze has violated university sexual harassment policies. (Credit: UW) \ueee8 ( \ueeed ( \uef24 ( \uea30 (mailto:?subject=UW% 3/15/25, 12:22 says prof violated sexual harassment policy 1/6 The statement came after BuzzFeed published a lengthy report ( utm_term=.csJad5E02#.efk8l2X3Z) delving into the details of the investigation. The case is the latest in a series of academic sexual-harassment cases ( to come to light. Buzzfeed quoted Katze\u2019s attorney, Jon Rosen, as saying that Katze will \u201ccontinue to vigorously defend against the false and salacious charges pending before the University of Washington adjudication panel.\u201d BuzzFeed\u2019s graphic account, accompanied by redacted documents from the ( traces years of behavior \u2013 including allegations that Katze engaged in a \u201cquid pro quo\u201d sexual relationship with one female employee and subjected another female employee to a hostile work environment. Lead investigator Ian Messerle said his conclusions were based on interviews with Katze, the two women and more than 20 other witnesses, as well as a review of hundreds of emails and tens of thousands of texts. The names of the employees have not been disclosed, out of concern for their privacy. Messerle said the University Complaint Investigation and Resolution Office opened the case in July 2015, but the report cites incidents that go back to 2010 and even earlier. Katze\u2019s lab at ( focused on viral pathogens ranging from influenza to and Ebola. The 66-year-old professor was widely quoted in 2014 during the Ebola crisis in West Africa, and was the co-author of an influential paper about genetic factors linked to Ebola\u2019s effects ( Arkans said Katze was removed from his lab and put on home assignment when the sexual harassment complaints were made. BuzzFeed reported that the lab was quietly shuttered in April. Update for 5:20 p.m June 30: Katze\u2019s attorney, Jon Rosen, told GeekWire that he stood by his response to BuzzFeed and expected Katze to be exonerated. \u201cWe\u2019ll let the evidence as it\u2019s revealed at the hearing speak for itself,\u201d Rosen said. Hat tip to BuzzFeed\u2019s Azeen Ghorayshi for the in-depth report ( \ueee8 ( \ueeed ( \uef24 ( \uea30 (mailto:?subject=UW% 3/15/25, 12:22 says prof violated sexual harassment policy 2/6 Related Stories ( society-technology-aims-to-foster-broad- collaboration-at-critical-intersection initiative \u2018Society + Technology\u2019 aims to foster broad collaboration at critical intersection ( society-technology-aims-to-foster-broad- collaboration-at-critical-intersection/) ( computer-science-student-reach-truce-in-spat- over-huskyswap-scheduling-app and computer science student reach truce in spat over \u2018HuskySwap\u2019 scheduling app ( computer-science-student-reach-truce-in-spat- over-huskyswap-scheduling-app/) ( first-in-the-nation-deal-with-washington-state- for-driver-appeal-process/) Uber inks first-in-the-nation deal with Washington state for driver appeal process ( in-the-nation-deal-with-washington-state-for- driver-appeal-process/) ( ai-researcher-yejin-choi-leaving-university-of- washington-and-allen-institute-for-ai/) Tech Moves researcher Yejin Choi leaves Univ. of Washington and Allen Institute for ( researcher-yejin-choi-leaving-university-of- washington-and-allen-institute-for-ai/) Previous Story Next Story \ueee8 ( \ueeed ( \uef24 ( \uea30 (mailto:?subject=UW% 3/15/25, 12:22 says prof violated sexual harassment policy 3/6 Like what you're reading? Subscribe to GeekWire's free newsletters to catch every headline Most Popular on GeekWire Working Geek: Why QuoteWizard Scott Peyree can\u2019t fathom 60-hour work weeks ( quotewizard-ceo-scott-peyree-cant-fathom-60- hour-work-weeks/) \uedc1 Dwarf planet Ceres\u2019 mysterious bright spot hints at upwelling of salty water ( spot-hydrothermal-water/) \uedb9 ( responds-to- rockets-planned-1- 75b-acquisition-of- redfin/) Zillow responds to Rocket\u2019s planned $1.75B acquisition of Redfin ( acquisition-of-redfin/) ( origin-blue-moon- lunar-lander-nasa/) Blue Origin\u2019s Blue Moon lunar lander is on deck to deliver payload to the moon ( nasa/) Enter your email address Subscribe \ueee8 ( \ueeed ( \uef24 ( \uea30 (mailto:?subject=UW% 3/15/25, 12:22 says prof violated sexual harassment policy 4/6 ( moves-longtime- google-leader- umesh-shankar- joins-microsoft-as- new-corporate-vp/) Tech Moves: Longtime Google leader Umesh Shankar joins Microsoft as new corporate ( leader-umesh-shankar-joins-microsoft-as-new-corporate-vp/) ( to-be-acquired-by- rocket-companies- in-1-75b-deal/) Redfin to be acquired by Rocket Companies in $1.75B deal ( 1-75b-deal/) About About GeekWire (/about-geekwire/) Contact Us (/contact-us/) Ask About Advertising (/advertise/) Send Us a Tip (/tips/) Become a GeekWire Member (/memberships/) Join Our Startup List (/submit-startup/) Reprints and Permissions ( Follow \ueee8 ( \ueeed ( \uef24 ( \ueeec ( \ueef0 (/rss-feeds/) \ue989 (/podcast/) \ueef5 ( \ueee8 ( \ueeed ( \uef24 ( \uea30 (mailto:?subject=UW% 3/15/25, 12:22 says prof violated sexual harassment policy 5/6 GeekWire Newsletters Catch every headline in your inbox Read GeekWire \ue90b Apple News ( \ueee3 Google News ( ceid=US:en&oc=3) Legal Privacy Policy (/privacy/) Terms of Use (/termsofuse/) Sponsored Content Policy (/underwritten-sponsored-content-geekwire/) \uedc9 Return to Top of Page \u00a9 2011-2025 GeekWire Do Not Sell or Share My Personal information ( d78f85069975) Limit the Use Of My Sensitive Personal Information ( d78f85069975) Consent Preferences Enter your email address Subscribe \ueee8 ( \ueeed ( \uef24 ( \uea30 (mailto:?subject=UW% 3/15/25, 12:22 says prof violated sexual harassment policy 6/6", "7846_105.pdf": "(AP) \u2014 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\u2019s average for her position, and received gifts and vacations from the professor. Another former employee also said she felt pressured to engage in sexual relations with him for fear of losing her job. University spokesman Norm Arkans says Katze was placed on home assignment during the investigation, and the matter is now in the faculty disciplinary process. Arkans called Katze\u2019s conduct inappropriate. Katze\u2019s lawyer, Jon Rosen, called the allegations \u201cfalse and salacious\u201d and said he expects his client to be exonerated. University of Washington virus researcher faces discipline Updated 6:46 CDT, June 30, 2016 Deadly weather \u2018Ted Lasso\u2019 Season 4 SpaceX launch Streaming now Ohtani in Japan 3/15/25, 12:22 University of Washington virus researcher faces discipline News 1/2 1 Trump says he was being a \u2018bit sarcastic\u2019 when he promised to end Russia-Ukraine war in 24 hours 2 More than 50 universities face federal investigations as part of Trump\u2019s anti campaign 3 Appeals court lifts blocks on Trump\u2019s orders restricting diversity, equity and inclusion programs 4 Democratic Party fractures in government shutdown fight, with anger running high 5 Rubio says South Africa\u2019s ambassador to the \u2018is no longer welcome\u2019 in the country 3/15/25, 12:22 University of Washington virus researcher faces discipline News 2/2", "7846_106.pdf": "View Comments In Unprecedented Move, The University Of Washington Just Fired Professor For Sexual Harassment Michael Katze, a tenured microbiology professor, has been fired more than a year after the University of Washington investigated him for sexual harassment and misuse of funds. \"This is unprecedented,\" a school official said. Azeen Ghorayshi BuzzFeed News Reporter Updated on August 8, 2017 at 4:37 pm Posted on August 3, 2017 at 5:48 pm Subscribe to BuzzFeed Daily Newsletter 3/15/25, 12:23 In Unprecedented Move, The University Of Washington Just Fired Professor For Sexual Harassment 1/5 Wikipedia Michael Katze, a tenured professor at the University of Washington whose research brought in millions of dollars to the school, was fired on August 1 after two investigations found he sexually harassed employees and misused university money. His termination comes more than 18 months after the investigations ended. \"It's over,\" said Victor Balta, UW's senior director for media relations. \"The faculty disciplinary process has ended, and Dr. Katze has been terminated.\" It's the first time the school has fired a tenured professor, Balta said. \"This is unprecedented.\" (In 1948, three professors were fired for alleged Communist ties. But Balta called that a \"historical footnote,\" and noted that they did not go through the formal termination process that Katze did.) 3/15/25, 12:23 In Unprecedented Move, The University Of Washington Just Fired Professor For Sexual Harassment 2/5 In January of 2016, a university investigation determined that Katze had violated the school's sexual harassment policies with two employees second investigation, conducted by the School of Medicine, concluded that Katze had misused university funds, including by asking an employee to do chores for him and solicit a prostitute. As first reported by BuzzFeed News, the university investigation determined that Katze hired one of the employees on the implicit condition that she submit to his sexual demands. The investigation determined that Katze sexually harassed a second employee, whom he also asked to buy him drugs and email escorts. Katze could not be reached by email, and did not answer a phone call from BuzzFeed News. During the 2015 investigation, he told the university investigator: \"My job is to get grants am singularly focused on training scientists. This kind of shit is completely unimportant to me.\u201d Since February of 2016, a faculty adjudication panel had been weighing whether Katze's tenured professor position should be terminated. He had previously sued the university for violating his tenure rights by placing him on home assignment away from his laboratory during the investigation, but lost the case. Michael Katze Illumina Inc / Via YouTube 3/15/25, 12:23 In Unprecedented Move, The University Of Washington Just Fired Professor For Sexual Harassment 3/5 statement sent to BuzzFeed News said that the panel \"confirmed violations of University policies and executive orders, including conduct counter to the core values of our University.\" After the panel reached its decision, the university's president, Ana Mari Cauce, approved it, but then Katze appealed, Balta said. Then it went back to Cauce, who stuck with the initial decision. Over the past decade, the university had received at least seven complaints about Katze\u2019s behavior, including that he watched porn on his university computer, screamed at and belittled his employees, retaliated against lab members who challenged him, and was frequently intoxicated in the lab. The investigation, which interviewed 26 former and current members of Katze's research group and colleagues, determined that Katze also used racist and sexist slurs, sometimes referring to black people as \"negroes,\" and describing women as \"bitches,\" \"fucking bitches,\" and \"cunt.\" Some people in the community are unhappy about how long it took for the school to deal with Katze's case, as well as its lack of transparency. \"As a woman in science feel like he should be an example,\" a employee, who wished to stay anonymous to protect her privacy, told BuzzFeed News. \"What\u2019s the doing to prevent this from happening again? How are we protecting women in science at our institution? And why the hell has this taken so long August 8, 2017 at 4:37 This story has been updated with information about the professors fired for alleged communist ties in 1948. \"He Thinks He's Untouchable\" buzzfeed.com 3/15/25, 12:23 In Unprecedented Move, The University Of Washington Just Fired Professor For Sexual Harassment 4/5 a brand. \u00a9 2025 BuzzFeed, Inc Press Privacy Consent Preferences User Terms Accessibility Statement Ad Choices Help Contact Sitemap Topics in this article College Azeen Ghorayshi BuzzFeed News Reporter Comments Share your thoughts Be One of the First to Comment 3/15/25, 12:23 In Unprecedented Move, The University Of Washington Just Fired Professor For Sexual Harassment 5/5"}
7,606	Emanuele Castano	The New School for Social Research (NSSR)	[ "7606_101.pdf", "7606_102.pdf", "7606_103.pdf", "7606_104.pdf", "7606_105.pdf", "7606_106.pdf", "7606_102.pdf", "7606_103.pdf", "7606_104.pdf", "7606_105.pdf", "7606_102.pdf", "7606_103.pdf", "7606_104.pdf", "7606_105.pdf" ]	{"7606_102.pdf": "( () Resigning amid Title investigation, psychologist joins Stanford Medicine ( The New School's center in New York City. NSSR, where Castano was a psychology professor, is a social science research institution in The New School (Courtesy of Wikimedia Commons). Psychology researcher Emanuele Castano joined ( Stanford Medicine as a visiting professor this November after resigning from a tenured professorship at another institution amid a Title sexual misconduct investigation. Castano, who was previously co-chair of the psychology department at The New School for Social Research (NSSR), resigned from the in October one day before the planned release of the decision in his Title case. The student who reported sexual misconduct and harassment was previously in a relationship with him as an undergraduate. Privacy - Terms Dec. 8, 2017, 1:01 p.m. By Claire Wang ( ( 3/15/25, 11:49 Resigning amid Title investigation, psychologist joins Stanford Medicine 1/10 Castano\u2019s office in The New School, which still bore his nameplate at the time of publication said it does not comment on current or former employees. (Courtesy of source). According to University spokesperson E.J. Miranda, Castano\u2019s role at Stanford is unpaid and does not include teaching responsibilities. Instead, Castano is a research collaborator with the Center for Compassion and Altruism Research and Education (CCARE); his biography ( on the research center\u2019s website describes him as a tenured professor at The New School. University Communications contacted Stanford\u2019s Title office about the allegations against Castano after The Daily notified the University Tuesday night. On Friday night, shortly after this story was posted, University spokesperson Lisa Lapin told The Daily that Castano\u2019s visiting professorship has been suspended while Stanford investigates. After learning of Castano\u2019s recent move to Stanford, several students from the psychology department at the have spoken out about the investigation and what they describe as Castano\u2019s long-standing reputation for pursuing and harassing students. According to five graduate students in the department, all of whom asked to remain anonymous, fellow students who have taken classes with Castano said he made lewd comments, rubbed students\u2019 shoulders inappropriately and flirted frequently with female undergraduate and graduate students during class former graduate student of Castano\u2019s also recalled feeling uncomfortable during class and described it as an \u201cunprofessional\u201d environment. Other rumors that Castano had sexual and romantic relationships with both undergraduate and graduate students circulated prior to the investigation against him psychology Ph.D. student who spoke to The Daily said she was not surprised to hear about the investigation \u2013 something others from the school echoed. \u201cEmanuele has always been known to be someone who has sex with students,\u201d said the student, who requested anonymity for career reasons. ( 3/15/25, 11:49 Resigning amid Title investigation, psychologist joins Stanford Medicine 2/10 The student who filed the Title complaint against Castano in July released to The Daily an official letter ( usp=sharing) about the case from Jennifer Francone, assistant vice president of student equity and access at The New School. The letter, dated Oct. 17, informed the student of Castano\u2019s official resignation from the NSSR, stating that a no-contact directive would remain in place as she finished her studies and adding that \u201cin light of Professor Castano\u2019s resignation, we consider this matter closed.\u201d Other than this letter, the student says she did not receive any official notification of the outcome of the investigation. The student added that her formal complaint included charges of threats and manipulation against Castano. Immediately following her initial report, she stated that Castano repeatedly called her from several different Italian phone numbers. She said that he called her from Italian numbers knowing she might respond because she has family members residing in the country and that he blocked the digits of the phone numbers to get her to answer. When she did respond, she stated, he would harass her about Human Resources contacting him. Castano did not respond to multiple requests for comment from The Daily. The reporting student\u2019s story According to the student who made the complaint, she first met Castano at the age of 18 as an undergraduate at The New School and had her first class with him during her sophomore year. She said she was sexually harassed by Castano during her final semester as an undergraduate this past spring, when she was 22. She recounted that she became seriously ill with T-cell lymphoblastic lymphoma after taking his class and joining his lab as an undergraduate researcher last year, going into remission for a period before becoming ill once again in her final semester. She emailed him to say she couldn\u2019t make it to class one day during that semester, to which he responded saying he was sorry and asking if she wanted to have dinner with him and his child. According to the student, after Castano\u2019s child fell asleep, the professor asked her to stay up with him to finish watching the movie Pulp Fiction. She said that, at that point, she was intoxicated from the wine they had drunk during dinner as well as from marijuana that they had shared. She recalled that Castano made a sexual advance toward her and that she didn\u2019t hesitate because she felt pressured by the fact that he was not only her professor, advisor and boss, but also the co-chair of the psychology department. She added that she was unsure whether the encounter was consensual because she was under the influence. ( 3/15/25, 11:49 Resigning amid Title investigation, psychologist joins Stanford Medicine 3/10 was intoxicated, but from a legal standpoint was conscious enough to not be considered sexually assaulted,\u201d she said. After that night, she returned to his home 15 to 20 times between March 6 and May 3 and occasionally slept over. She says that these instances included a mix of both consensual and nonconsensual sexual encounters with Castano. During an early encounter, she reports that Castano didn\u2019t ask for consent before penetrating her anally, and that he attempted to penetrate her anally on multiple later occasions despite her requests to the contrary. The student also said that Castano\u2019s preference for restraining her during sex made her uncomfortable. She added that she felt pressured to maintain a sexual relationship with him for academic reasons and because her income was dependent on babysitting his child. \u201cEverything would do academically depended on his approval as chair of the department and as my advisor,\u201d the student said. According to the student, she found out in April that he was dating Namrata Goyal, a former Ph.D. student and current postdoctoral fellow at the NSSR, and confronted him about his habit of sleeping with students. She says that Castano responded by telling her that \u201cthese things happen in institutions all the time.\u201d He reportedly told her that if she ever told the school about their relationship, she would be making his child fatherless as Castano would lose his job and have to move elsewhere. The student noted that she had formed a strong connection with Castano\u2019s child, whom she had been babysitting for three years at that point. \u201cIt was manipulation,\u201d she said. \u201cAt the time it didn\u2019t seem that way because he cooked me dinner, checked in on me daily regarding my health, offered to come to the hospital and took \u2018care\u2019 of me during a time was scared.\u201d The last time she saw Castano was the night of May 2, she said, right before he left to teach in Italy. That same summer, while the student was preparing to resume treatment for her illness, she received blood work results stating that she could not begin treatment because she had gotten pregnant. She recounted that she had not had sex with anyone else during that period of time, and reported the situation to Title after Castano denied responsibility when she tried to speak to him about it. Growing concerns In an email sent to psychology students in early September, Dean and Professor of Economics at the William Milberg announced that Castano was on leave and that William Hirst would be replacing him as the new co-chair of the psychology department. ( 3/15/25, 11:49 Resigning amid Title investigation, psychologist joins Stanford Medicine 4/10 The Ph.D. student quoted previously said that when she approached Castano\u2019s office to get an administrative form signed, the psychology department\u2019s secretary stated that he had been banned from campus and from having contact with his students while the investigation was ongoing. The student said she corroborated this information in August with several Ph.D. students working in Castano\u2019s lab at the at the time, and that the students confirmed the investigation was under way. Senior Director of Communications and Public Affairs at the Amy Malsin declined to address specific allegations against Castano, stating that \u201cthe university does not comment on current or former employees.\u201d \u201cThe New School has no tolerance for sexual harassment by any member of the university community,\u201d Malsin wrote in an email to The Daily. \u201cWe take our responsibility in these matters very seriously and have clear policies and procedures which we follow thoroughly.\u201d In mid-September, several students in the New School\u2019s psychology department approached the Title committee about the investigation, but were told that Castano would not be removed from his faculty position at the unless he demonstrated a pattern of sexual misconduct. Frustrated by what they saw as the administration\u2019s lack of transparency on the investigation, a group of psychology Ph.D. students drafted a formal letter ( jhJfaDwSIyA/edit) and addendum ( usp=sharing) to the Title committee regarding the allegations against Castano. The letter pressed the university to take stronger action against Castano and to establish clearer codes of conduct for faculty members given the \u201cattempts \u2026 made at a diversion of this investigation and outright intimidation of students to prevent them from coming forward.\u201d In particular, the letter alleged that a postdoctoral fellow \u2013 later identified to The Daily as Goyal by one of its writers \u2013 tried \u201cto coerce students to sign affidavits that blame the victim.\u201d According to the student who reported Castano, a friend of hers as well as a fellow lab member were asked to write affidavits claiming her to be of \u201cbad nature\u201d; the Ph.D. student who co-authored the letter added that the affidavit claimed the reporting student was lying and mentally unstable student reported the incident to the Title office, the Ph.D. student said. But according to Joan Miller, a psychology professor and postdoctoral advisor to Goyal, Goyal was never subject to an investigation. In the fall of 2015, Goyal was hired as a postdoctoral research fellow in the Department of Psychology. She currently holds this position and teaches several required graduate courses. According to Miller, Castano disclosed his relationship to Goyal to the school\u2019s dean before her hire and recused himself from departmental decisions about Goyal, who was approved in a unanimous faculty vote. ( 3/15/25, 11:49 Resigning amid Title investigation, psychologist joins Stanford Medicine 5/10 By the Ph.D. student\u2019s account, Castano and Goyal have denied being in a relationship while Goyal was a student. However, several students in the psychology department stated that it is an open secret among members of the department that their relationship began while she was a Ph.D. student in the department during his stint as co-chair. Goyal is not returning to teach next semester; according to Miller, this is at Goyal\u2019s own request. Both Goyal and the administration from The New School did not respond to The Daily\u2019s request for comment on her involvement in the Title case and her role at next semester. The New School\u2019s official policy ( harassment-policy/) on sexual harassment states that \u201cfaculty members (and administrative staff) should be aware that any romantic involvement with students (or staff members who report to them) is considered inappropriate, and it might make them liable to formal action.\u201d In their email to the Title committee, the students said that they felt Goyal too was a \u201cvictim in the situation Dr. Castano created\u201d and that their main aim to make clear \u201cthe harm students have experienced due to his poor judgment, abuse of power and manipulation.\u201d The letter ultimately garnered 60 signatures of support from students within the psychology department. The Ph.D. student quoted earlier added that students who used to work in Castano\u2019s former lab declined to sign the letter, some out of loyalty to Goyal and others out of fear. Administrative response Psychology students concerned about Castano\u2019s behavior and previous incidents of sexual harassment and assault at said that some administrators at have impeded reports and investigations. Within days, Milberg responded to the letter in an email to all students, faculty and staff in the psychology department. In his message, he promised to \u201cconvene a meeting to facilitate an open and safe dialogue on issues that have been raised about the culture and climate of the Department\u201d and assured that \u201cthe ongoing investigation into the allegations raised is being conducted in a full and fair manner.\u201d Shortly thereafter, department co-chairs William Hirst and Howard Steele jointly responded in an email arguing that \u201cit would be wrong for us, as a representative of the school, to discuss or even convene a meeting to address the specifics of the complaint that has been filed against a faculty member.\u201d They also cited the \u201cprinciple of \u2026 confidentiality for both complainant and respondent\u201d under Title and the need to allow the investigation to occur \u201cwithout evoking external pressures\u201d that such a meeting might cause, adding that they feared public discussion ( 3/15/25, 11:49 Resigning amid Title investigation, psychologist joins Stanford Medicine 6/10 prior to the investigation\u2019s completion could harm its integrity. They advised that for the time being, faculty, students and staff should focus on developing avenues for open dialogue after the investigation\u2019s closure rather than discussing the case directly week after Hirst and Steele\u2019s statement, Milberg announced a psychology department town hall meeting to be held on Oct. 19. But on Oct. 18, Milberg sent another email announcing Castano\u2019s resignation from the university without specifying a reason. The town hall was still held but framed as a more general discussion about student concerns with the university administration, including Title issues student who attended the town hall meeting said that that several students from the psychology department, including herself, came forward during the meeting to say they had experienced sexual harassment and assault from within the department. She added that it isn\u2019t just students who are affected. \u201cProfessors fear speaking out against their superiors, just as students do,\u201d the town hall attendee said. \u201cThe administration thrives on silencing students \u2026 [and] is concerned about [its] reputation.\u201d Another graduate student expressed a similar sentiment, saying that the department has had \u201ccomplicated power dynamics, historically.\u201d According to the Ph.D. student mentioned earlier in the article, there exists an unhealthy power structure among university faculty. She specifically claimed that co-chair \u201cHirst is [and] was Emanuele [Castano]\u2019s main ally and supporter.\u201d She also said that after Hirst was appointed co-chair, \u201cno one could talk to him about it due to his personal ties to Emanuele. The other faculty who have tenure and could speak out, even those that disapprove of Emanuele, didn\u2019t few longtime faculty members within [the department] protect and support Castano, and even implicitly or explicitly discourage people from speaking out,\u201d remarked another graduate student in the psychology department. \u201c[Bill Hirst] has been vocal in support of Castano, protecting him for many years.\u201d Hirst did not respond to The Daily\u2019s request for comment regarding the aforementioned allegations. Miller, however, defended Hirst in a statement to The Daily following this article\u2019s publication, emphasizing in particular that Hirst avoided discussing Castano\u2019s case with students not out of any \u201cpersonal bias\u201d but because he sought to uphold the confidentiality of an ongoing case. All faculty members were told by the school administration \u201cnot to provide any information related to Professor Castano\u201d or his investigation, Miller said. ( 3/15/25, 11:49 Resigning amid Title investigation, psychologist joins Stanford Medicine 7/10 The Ph.D. student added that two professors, Wendy D\u2019Andrea and Doris Chang, were supportive of students during the investigation. According to Chang, there has been no official discussion among faculty about Castano\u2019s behavior up to this point. In an email to New School community members sent three days after this article\u2019s posting, the president and provost of The New School said the university will be reviewing its Title policies, appointing a new Title leader and expanding its training on sexual misconduct. Shortly after, the school\u2019s Graduate Faculty Student Senate issued a statement calling the Castano\u2019s investigation \u201ccompletely mismanaged\u201d and urging the university to issue a decision in his now-closed case. The senate also called on the school to review its administration\u2019s handling of the matter and work to end \u201cany type of abuse of power by any administrator, faculty, or other persons that hold a significant degree of institutional authority over any member of the New School community.\u201d \u201cThe email sent today signed by [the president and provost] does too little too late,\u201d the statement reads. \u201cPerhaps disclosing New School grievances to the media is the only way to make any changes and to make the administrative authorities hear us.\u201d Other allegations of misconduct The Title investigation into Castano\u2019s behavior comes just two years after the retirement of Marcel Kinsbourne, a formerly tenured professor in the same division of the psychology department as Castano who was a prominent neuroscientist. According to several students in the department, Kinsbourne was forced to retire after being investigated by the Title office for sexual harassment of several undergraduate and graduate students and faced no repercussions related to the investigation. The students added that Kinsbourne\u2019s history of sexual harassment was widely known among students at the time of the investigation, when Castano was co-chair of the department. Kinsbourne did not respond to The Daily\u2019s request for comment. According to the aforementioned Ph.D. student, a victim of Kinsbourne\u2019s harassment who was a graduate student of Kinsbourne\u2019s at the time approached Castano (then department co-chair) to report concern over Kinsbourne\u2019s behavior. Castano allegedly dismissed the complaint and expressed concern about how such allegations would look if they were to come out while he was co-chair. The victim then went directly to the dean of the undergraduate college, Stephanie Browner, and Kinsbourne retired shortly after. Castano\u2019s appointment at Stanford, along with news of the Title investigation against him, comes as two former Stanford professors \u2014 Jay Fliegelman ( investigation/) Ph.D. \u201977, who is now deceased, and Franco Moretti ( 3/15/25, 11:49 Resigning amid Title investigation, psychologist joins Stanford Medicine 8/10 ( span-three-campuses/), who is now retired \u2014 face public accusations of sexual assault and harassment. Like Fliegelman and Moretti, Castano is well-established in his field. According to his biography on Stanford Medicine\u2019s website, Castano has over 60 publications in \u201ctop tier scientific journals\u201d and has been funded by the National Science Foundation, the European Union and the International Committee of the Red Cross, among others. Like Moretti, he has also been featured in The New York Times ( _r=0&mtrref=blogs.newschool.edu), which detailed his studies on empathy in a front- page article. Just last week, Castano, Kinsbourne and Goyal published a paper ( together about a study they conducted on empathy and willingness to help others think it\u2019s really important that students are starting to speak openly and honestly about their experiences in the program,\u201d said Chang, the professor. \u201cI\u2019m concerned that they\u2019ve experienced this oppressive culture in which they have felt so silenced. That goes against my values as a faculty member and the kinds of values that I\u2019m trying to promote in the department.\u201d Contact Claire Wang at clwang32 \u2018at\u2019 stanford.edu. An earlier version of this article incorrectly stated that Goyal was investigated by the Title committee at The New School. In fact, while a student reportedly took concerns about Goyal\u2019s affidavit to Title IX, Goyal was not investigated. The article now includes New School Psychology Professor Joan Miller\u2019s statement that Goyal is leaving her post next semester at her own request. Castano also did not oversee Goyal\u2019s hiring, as suggested in the initial version of the article; Castano recused himself from the hiring decision, which was voted on by faculty. The Daily regrets these errors. Finally, this post has been updated to reflect that Stanford has suspended Castano while it investigates the allegations against him. The University told The Daily of the suspension shortly after this article\u2019s posting. The article is also updated with communications that the president, provost and Graduate Faculty Student Senate of The New School made to the university\u2019s community following publication, as well as with further comments from Miller on the administration\u2019s directive to all faculty not to discuss Castano\u2019s case. Claire Wang is The Daily's Vol. 254 magazine editor, and previously served as Vol. 253's managing editor of news. She's a fan of anything with tomatoes in it, and her favorite poet is Ocean Vuong. When she's not biking, her second-favorite mode of transportation is by rollerblade. Contact Claire at clwang32 'at' stanford.edu. Print Article The Stanford Daily ( News (/category/news) University (/news/university-news/) Academics (/category/news/academics-news/) Campus Life (/category/news/campus-life-news/) Graduate Students (/category/news/graduate-students/) Business & Technology (/category/news/business-and- technology-news/) Data (/category/@94305/) Equity Project (/category/equity-project/) Sports (/category/sports) Fall Sports (/category/sports/fall-sports/) Winter Sports (/category/sports/winter-sports/) Spring Sports (/category/sports/spring-sports/) Arts & Life (/category/arts-life) Screen (/category/arts-life/screen/) Culture (/category/arts-life/culture/) Music (/category/arts-life/music-intermission/) Reads (/category/arts-life/reads/) ( 3/15/25, 11:49 Resigning amid Title investigation, psychologist joins Stanford Medicine 9/10 Opinions (/category/opinions) Columnists (/category/opinions/columnists/) Editorials (/opinions/editorials/) Letters from the Editor (/letters-to-the-community/) Letters to the Editor (/letters-to-the-editor/) Op-Eds (/category/opinions/op-eds/) Grind (/category/thegrind) Humor (/category/humor/) Multimedia (/category/multimedia) Video ( Podcasts ( si=cZWDWKp2SiOotNh4ZqG0xg&nd=1) Cartoons (/category/cartoons/) Graphics (/category/cartoons/) Tech ( Magazine (/category/magazine/) Archives ( (/category/dei) Resources (/campus-resources) About Us (/about) Masthead (/masthead) Alumni ( Print Paper ( ( ( ( ( ( stanford-daily/mycompany/) ( ( ( ( daily/id1341270063) ( id=com.Stanford.Daily.App) \u00a9 2025 Privacy Policy (/privacy-policy/) Accessibility (/accessibility//) Advertise (/advertise/) Proudly Powered by WordPress Donate (/donate/) and support The Daily when you shop on Amazon ( ( 3/15/25, 11:49 Resigning amid Title investigation, psychologist joins Stanford Medicine 10/10", "7606_103.pdf": "University Actions On Sex Misconduct Investigation \u201cToo Little Too Late,\u201d Says Grad Student Senate By: Ryanne Salzano Dec 13, 2017 3/15/25, 11:50 University Actions On Sex Misconduct Investigation \u201cToo Little Too Late,\u201d Says Grad Student Senate - The New School Free Press 1/7 An earlier version of this article stated that Castano oversaw the hiring of a postdoctoral fellow with whom he was in a relationship, according to the account by The Stanford Daily. According to the Daily, the hiring was decided by a faculty vote, of which Castano recused himself previous version of this article stated that Rhonnie Jaus would be new Title Coordinator for The New School, as announced in an email sent to all New School students on Dec. 11. After this article was published, the university provided an update on Jaus\u2019s role. Jaus will be the vice president for Equal Employment Opportunity, Affirmative Action, and Compliance. Jennifer Francone will continue to oversee issues relating to Title as assistant vice president for Student Equity and Access. The student governance body of The New School for Social Research (NSSR) has released a statement charging the university administration with mishandling a sexual misconduct investigation. The Graduate Faculty Student Senate\u2019s (GFSS) statement follows on the heels of a story published in The Stanford Daily, about accusations against former psychology department co-chair Emanuele Castano. The Daily, the campus newspaper of Stanford, published an article titled \u201cResigning amid Title investigation, psychologist joins Stanford Medicine\u201d on Dec. 8. The article describes Castano as having a \u201clong-standing reputation for pursuing and harassing students.\u201d The Daily cites five anonymous graduate students in NSSR\u2019s psychology department as its sources. The New School Free Press has not independently verified the accounts of the article. According to the Daily, The New School opened a Title investigation on Castano after an undergraduate student filed a complaint. The student said they felt pressured to continue a sexual relationship with Castano, as he was their professor, advisor, and department chair. The student said they were sexually harassed by Castano in their final semester as an undergraduate, during spring semester 2017. According to the Daily, as well as the statement from GFSS, Castano resigned from his position at The New School on Oct. 17. The article states that psychology students approached the Title committee in mid-September. The students were told that Castano would not be removed from his position \u201cunless he demonstrated a pattern of sexual misconduct,\u201d according to The Daily article. Stanford suspended Castano pending investigation, shortly after The Daily article was posted. According to a letter from Jennifer Francone, assistant vice president for Student Success and Equity, The New School considers the matter closed, as Castano has resigned. The letter, obtained by The Stanford Daily, 3/15/25, 11:50 University Actions On Sex Misconduct Investigation \u201cToo Little Too Late,\u201d Says Grad Student Senate - The New School Free Press 2/7 was sent to the undergraduate student who filed the Title complaint. NSSR\u2019s Graduate Faculty Student Senate stated that Castano is still being paid by The New School, as his resignation is not in effect until Dec. 31, 2017. \u201cIf Castano is still on the New School payroll, regardless of his official resignation date, he should still be under the purview of Title IX, and the adjudication should be allowed to resolve so we have a final declaration on the matter,\u201d the statement reads. The university provided this comment through the office of Communications and Media Relations: \u201cAfter a thorough investigation by the university, Emanuele Castano submitted his resignation. He has not and will not return to The New School. While we are not able to comment further on this confidential personnel matter, we want to be clear that sexual harassment and misconduct have no place at The New School. We take our responsibility in these matters very seriously and have clear policies and procedures in place that we follow stringently review by an independent law firm confirmed that we strictly adhered to these standards.\u201d Title is a federal law that prohibits sex discrimination in institutions that receive federal funding, and also covers matters of sexual harassment and assault in these institutions. According to Know Your IX, a political advocacy group, \u201cUnder Title IX, schools are legally required to respond and remedy hostile educational environments and failure to do so is a violation that means a school could risk losing its federal funding.\u201d On Dec. 11, New School students received an email from New School administration signed by David Van Zandt, president; Tim Marshall, provost and Maya Wiley, vice president of Social Justice. The letter announced the hiring of Rhonnie Jaus as vice president for Equal Employment Opportunity, Affirmative Action, and Compliance, effective Jan. 2, 2018. Jaus was the Title Coordinator as Adelphi University, and was formerly the executive chief of the Sex Crimes and Crimes Against Children Division in the Kings County District Attorney\u2019s Office. This new appointment is \u201cto ensure that we are moving forward with the strongest support and protections for students, faculty, and staff,\u201d according to the email. Jennifer Francone is currently The New School\u2019s Title Coordinator. The letter announced that administration will be conducting a review into its policies and practices, as well as creating training and awareness programs to better equip New School community members to handle matters of sexual misconduct. Photo by The New School Free Press 3/15/25, 11:50 University Actions On Sex Misconduct Investigation \u201cToo Little Too Late,\u201d Says Grad Student Senate - The New School Free Press 3/7 Prev Student Workers Host Work-In To Protest Missing Payments From University Next Parsons Professor Launches Legal Battle With Trump Campaign\u2019s Data Collection Firm \u2190 \u2192 Latest Posts News Creating safe spaces with Dr. Johnnetta B. Cole Amidst celebrations of Black History Month and the shared birth week\u2026 By Emily Toliver Mar 14, 2025 3/15/25, 11:50 University Actions On Sex Misconduct Investigation \u201cToo Little Too Late,\u201d Says Grad Student Senate - The New School Free Press 4/7 News Department of Education warns of \u2018potential enforcement actions\u2019 over anti-Semitism case The U.S. Department of Education (ED) sent The New School a\u2026 By Taylor N\u0101hulukeaokalani Cozloff Mar 11, 2025 Series Lill\u2019s Library: Sell your soul and score big in We Ride Upon Sticks Join the (book) club \u2014 Lill\u2019s Library is a biweekly series\u2026 By Lillian Heckler Mar 6, 2025 3/15/25, 11:50 University Actions On Sex Misconduct Investigation \u201cToo Little Too Late,\u201d Says Grad Student Senate - The New School Free Press 5/7 Concrete Jungle Series Concrete Jungle: Fatigue, fatigue, fatigue! Welcome to Concrete Jungle \u2014 a biweekly series where Brooklyn native\u2026 By Madison Black Mar 5, 2025 Love Lucy Series Love, Lucy: Setting boundaries between a friend and your partner Love, Lucy is the New School Free Press\u2019 weekly advice column,\u2026 By Lucy Loveland Mar 4, 2025 3/15/25, 11:50 University Actions On Sex Misconduct Investigation \u201cToo Little Too Late,\u201d Says Grad Student Senate - The New School Free Press 6/7 Arts & Culture Neptune House swaps the runway for a gallery debut Neptune House is back \u2014 this time, trading the runway for\u2026 By Megan Liu and Dove Williams Mar 1, 2025 About Us Masthead 3/15/25, 11:50 University Actions On Sex Misconduct Investigation \u201cToo Little Too Late,\u201d Says Grad Student Senate - The New School Free Press 7/7", "7606_104.pdf": "( () Letter to the editor: In response to article regarding Emanuele Castano Opinion by Letters to the Editor ( Editor\u2019s note: This letter was originally posted as a comment here ( joins-stanford-medicine/) and is republished as a letter to the editor at the author\u2019s request. Dear Stanford Daily editor: It is always upsetting to be alerted to the publication of negative news about a colleague and friend. But when received word that an article ( amid-title-ix-investigation-psychologist-joins-stanford-medicine/) had just appeared on The Stanford Daily about Prof. Emanuele Castano thought it was a joke knew that Prof. Castano\u2019s life had been wrecked by an investigation into alleged sexual harassment, but why would The Stanford Daily publish something on Prof. Castano, who lives in New York and was employed at The New School? When read the article understood: Having found no venue in New York that would publish their one-sided account, Prof. Castano\u2019s accusers had seen an opportunity in his rather innocuous appointment as an affiliate without salary or teaching responsibilities at the Stanford Center for Compassion and Altruism Research and Education (CCARE) and reached out to The Stanford Daily in the hope of finding a welcoming ear don\u2019t blame them for doing so. They have their own reasons for being frustrated by the byzantine meanderings of Title investigations. But it was very disappointing to read accounts of very serious allegations in articles such as the one published by The Stanford Daily. The current climate of public exposure of a pervasive culture of sexual assault and harassment in many sectors of this society should invite extreme caution in public reporting, precisely because so much is at stake. Constructing an article on the basis of anonymous sources is legitimate, but reporting lurid details about alleged sexual encounters and nonchalantly referring to them as \u201cconsensual and nonconsensual\u201d is Privacy - Terms Dec. 19, 2017, 3:00 a.m. ( 3/15/25, 11:50 Letter to the editor: In response to article regarding Emanuele Castano 1/4 irresponsible and inflammatory. Did the article author inquire if the student in question had filed a police report against Prof. Castano for having been raped (i.e. nonconsensual sex)? And if not, why not? Given the seriousness of the allegations, one would expect this case to be in the hands of the criminal justice system. If it is not, could it also be the case that the story being offered to The Stanford Daily in so many enticing details was at least seasoned by the motive of revenge? Why would the student in question not have found anyone in New York to publish her story if it were all so well corroborated, as it appears to be in this article? The rest of the article is based on one Ph.D. student\u2019s allegations regarding the liaison between Prof. Castano and postdoc Namata Goyal, who is describes as both \u201cvictim\u201d and scheming accomplice. It is probable that Prof. Castano could not comment on any of this due to the Title gag provisions regarding cases such as this one, and can imagine that after the publication of this article, he might have to break his silence risking severe legal consequences just wish that campus press editors and journalists displayed a bit more restrain in reporting and, rather than become the mouthpieces for anyone\u2019s allegations (or counter-allegations), focused on issues of general concern for all involved. There is clearly a lot more than meets the eye in the story of Prof. Castano and the student who accused him. But one thing is certain from this article \u2014 and should have been worth highlighting: Title investigations, and provisions about transparency of procedures, settlements and gag orders are in severe need to be revised and discussed. They are unfair both towards alleged victims and perpetrators, and they ultimately seem to only work to feed an unhealthy editorial passion for attracting readers through spicy revelations about sordid academic relations. Sincerely, Claudio Fogu Associate Professor, Italian Studies and Vice Chair, French and Italian Studies Contact Claudio Fogu at claudiofogu \u2018at\u2019 ucsb.edu. Print Article ( 3/15/25, 11:50 Letter to the editor: In response to article regarding Emanuele Castano 2/4 5 days ago Stanford\u2019s land acknowledgements lack authenticity. We need land \u2026 Why Why I\u2019m I\u2019m tired tired of of Stanford\u2019s Stanford\u2019s land land \u2026 \u2026 10 days ago University president Jonathan Levin \u201994 spoke to the Graduate Student \u2026 President President Levin Levin addresses addresses on on \u2026 \u2026 4 days ago In her latest column installment, Levine criticizes Stanford for taking down \u2026 Levine Levine \| \| \u2018No \u2018No Justice, Justice, No No Peace\u2019: Peace\u2019: Neutrality Neutrality is is \u2026 \u2026 9 days ago The debated b transgender and no athletes, supportin proposes su proposes su for transgender a for transgender a The Stanford Daily Comment Policy Please read our Comment Policy before commenting. Got it Comments for this thread are now closed Share Best Newest Oldest \u00d7 0 Comments \ue603 1 Login This discussion has been closed. Subscribe Privacy Do Not Sell My Data \uf109 The Stanford Daily ( News (/category/news) University (/news/university-news/) Academics (/category/news/academics-news/) Campus Life (/category/news/campus-life-news/) Graduate Students (/category/news/graduate-students/) Business & Technology (/category/news/business-and- technology-news/) Data (/category/@94305/) Equity Project (/category/equity-project/) Sports (/category/sports) Fall Sports (/category/sports/fall-sports/) Winter Sports (/category/sports/winter-sports/) Spring Sports (/category/sports/spring-sports/) Arts & Life (/category/arts-life) Screen (/category/arts-life/screen/) Culture (/category/arts-life/culture/) Music (/category/arts-life/music-intermission/) Reads (/category/arts-life/reads/) ( 3/15/25, 11:50 Letter to the editor: In response to article regarding Emanuele Castano 3/4 Opinions (/category/opinions) Columnists (/category/opinions/columnists/) Editorials (/opinions/editorials/) Letters from the Editor (/letters-to-the-community/) Letters to the Editor (/letters-to-the-editor/) Op-Eds (/category/opinions/op-eds/) Grind (/category/thegrind) Humor (/category/humor/) Multimedia (/category/multimedia) Video ( Podcasts ( si=cZWDWKp2SiOotNh4ZqG0xg&nd=1) Cartoons (/category/cartoons/) Graphics (/category/cartoons/) Tech ( Magazine (/category/magazine/) Archives ( (/category/dei) Resources (/campus-resources) About Us (/about) Masthead (/masthead) Alumni ( Print Paper ( ( ( ( ( ( stanford-daily/mycompany/) ( ( ( ( daily/id1341270063) ( id=com.Stanford.Daily.App) \u00a9 2025 Privacy Policy (/privacy-policy/) Accessibility (/accessibility//) Advertise (/advertise/) Proudly Powered by WordPress Donate (/donate/) and support The Daily when you shop on Amazon ( ( 3/15/25, 11:50 Letter to the editor: In response to article regarding Emanuele Castano 4/4", "7606_105.pdf": "From Casetext: Smarter Legal Research Castano v. New Sch 23EFM May 5, 2020 2020 N.Y. Slip Op. 31183 (N.Y. Sup. Ct. 2020) Copy Citation Download Check Treatment Meet CoCounsel, pioneering that\u2019s secure, reliable, and trained for the law. Try CoCounsel free NO. 158348/2018 05-05-2020 CASTANO, Plaintiff, v Defendants Justice DOC. NO. 39 Justice 05/30/2019 SEQ. NO. 001 002 Sign In Search all cases and statutes... Opinion Case details 3/15/25, 11:50 Castano v. New Sch., 2020 N.Y. Slip Op. 31183 \| Casetext Search + Citator 1/11 The following e-filed documents, listed by document number (Motion 001) 6, 7, 8, 9, 10, 11, 12, 26, 33, 35 were read on this motion to/for SEAL. The following e-filed documents, listed by document number (Motion 002) 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27, 29, 30, 34, 36 were read on this motion to/for DISMISS. In this action, plaintiff, a former faculty member of defendant The New School (\"TNS\") who became the subject of a Title investigation as the result of allegations by a female student who accused plaintiff of sexual misconduct, seeks damages allegedly resulting from the investigation of said allegations. In motion sequence number 001, Defendants The New School, Jennifer Francone, and Jerry M. Cutler (hereinafter \"Defendants\"), seek an Order pursuant to \u00a7 216.1(a) to seal certain documents submitted to the court in this action, which plaintiff does not oppose. In motion sequence number 002, Defendants The New School, Jennifer Francone, and Jerry M. Cutler (hereinafter \"Defendants\"), seek an Order pursuant to 3211 (a)(1), (5) and (7) to dismiss the complaint based on a general release precluding plaintiff's claims and for 2 failure to state a cause of action upon which relief can be granted. Plaintiff opposes motion sequence 002. The motions are consolidated for disposition. 2 Plaintiff began his tenure at in 2003 as an Assistant Professor, was promoted to Associate Professor in 2006 and Full Professor in 2014. Plaintiff served as co-Chair of the Department of Psychology and Director of the Graduate Program of Cognitive, Social and Developmental Psychology, starting in 2014 Doc. No. 2, \u00b6\u00b6 12-13). In the summer of 2017, plaintiff became the subject of a Title investigation as the result of allegations by a female student who accused the former faculty member of sexual misconduct, sexual assault, and using his position to engage in sexual relations with her. In response to the allegations commenced an investigation which included multiple interviews of the complainant, plaintiff, and other 3/15/25, 11:50 Castano v. New Sch., 2020 N.Y. Slip Op. 31183 \| Casetext Search + Citator 2/11 witnesses. Upon completion of the investigation and plaintiff entered into a separation agreement in which he took an immediate leave of absence from (effective October 16, 2017), resigned his employment effective December 31, 2017, executed a full release of and its employees of any claims, and agreed to not commence \"any action or proceeding of any kind\" against TNS. In addition, plaintiff agreed to arbitrate any claims for any breaches of the separation agreement Doc. No. 17). Notwithstanding the terms of the negotiated separation agreement contends that plaintiff has commenced this lawsuit complaining that he does not agree with the way investigated the allegations of sexual misconduct and has further separately filed an arbitration against asserting breaches of the separation agreement Doc. Nos. 1, 2 and 18). 3 3 In opposition, plaintiff maintains that he has alleged causes of action that are both outside of the release he negotiated and signed and that fall outside the scope of agreements he agreed to arbitrate. Specifically, plaintiff claims that made affirmative misrepresentations and misleading statements to intentionally and maliciously deceive him into taking his leave, and that intentionally concealed from him the true nature of the complaints against him and that their investigation of him when not advising him that the student had accused him of \"non-consensual\" sex. Plaintiff contends that the release does not bar the claims alleged in the complaint because the fraud he complains of relates to the consideration for the release itself. In addition, plaintiff contends that he is free to commence arbitration because the agreement's arbitration clause is limited and only applies to the specific instance of when the agreement is breached. In reply avers that the separation agreement contains an integration clause which bars plaintiff's fraudulent inducement claim; specifically notes that plaintiff contractually agreed that he received no extra- contractual \"representations or promises,\" and thus he cannot now contend that such representations and promises both existed and somehow fraudulently induced him to enter into the agreement. Likewise contends that plaintiff has failed to cite any legal precedent or factual support to buttress his claim that he is free to pursue his claims through arbitration, notwithstanding the separation agreement. 3/15/25, 11:50 Castano v. New Sch., 2020 N.Y. Slip Op. 31183 \| Casetext Search + Citator 3/11 It is well established that \"[o]n a motion to dismiss pursuant to 3211, the pleading is to be afforded a liberal construction\" (Leon v Martinez, 84 NY2d 83, 87, 638 N.E.2d 511, 614 N.Y.S.2d 972 [1994]). 4 4 Where dismissal of an action is sought, pursuant to 3211 (a) (1), on the ground that it is barred by documentary evidence, such relief may be warranted only where the documentary evidence \"utterly refutes plaintiff's factual allegations\" and \"conclusively establishes a defense to the asserted claims as a matter of law\" (Amsterdam Hospitality Group v Marshall-Alan Assoc., Inc., 120 AD3d 431, 433, 992 NYS2d 2 [1st Dept 2014] [internal citations omitted]). The court is \"not required to accept at face value every conclusory, patently unsupportable assertion of fact found in the complaint\" and can \"consider documentary evidence proved or conceded to be authentic\" (West 64th Street v Axis U.S. Ins., 63 AD3d 471, 471, 882 NYS2d 22 [1st Dept 2009], quoting Four Seasons Hotels v Vinnik, 127 AD2d 310, 318, 515 NYS2d 1 [1st Dept 1987] [internal quotation marks omitted]). If the documentary proof disproves an essential allegation of the complaint, dismissal pursuant to 3211(a)(1) is warranted even if the allegations, standing alone, could withstand a motion to dismiss for failure to state a cause of action (McGuire v. Sterling Doubleday Enters., L.P., 19 A.D.3d 660, 661, 799 N.Y.S.2d 65 [1st Dept., 2005]). \"To succeed on a 3211(a)(1)] motion ... a defendant must show that the documentary evidence upon which the motion is predicated resolves all factual issues as a matter of law and definitively disposes of the plaintiffs claim.\" Ozdemir v. Caithness Corp., 285 A.D.2d 961, 963, 728 N.Y.S.2d 824 (2d Dept 2001), leave to appeal denied 97 N.Y.2d 605, 762 N.E.2d 930, 737 N.Y.S.2d 52 motion to dismiss may be granted pursuant to 3211(a)(7) if \"the pleading fails to state a cause of action 3211[a][7]). \"[T]he pleading is afforded a liberal construction, facts as alleged in the complaint are accepted as true, plaintiffs are afforded the benefit of every possible favorable inference, and the motion court must only determine whether the facts as 5 alleged fit within any cognizable legal theory\" (D.K. Prop., Inc. v National Union Fire Ins. Co. of Pittsburgh, Pa., 168 AD3d 505, 506 [1st Dept 2019]). 5 3/15/25, 11:50 Castano v. New Sch., 2020 N.Y. Slip Op. 31183 \| Casetext Search + Citator 4/11 Here, Defendants argue that the complaint must be dismissed in its entirety as it is barred by the plain terms of the separation agreement and release, and that should the Court find any claims not barred by the release, plaintiff must be compelled to arbitrate any said claims. Specifically, Defendants contend that plaintiff clearly and unambiguously released his claims through the agreement and release. Plaintiff explicitly \"agree[d] to forever release the University Entities and persons for all liability for any loss, injury, claim, or cause of action arising from his employment with Employer Doc. No. 17, \u00a7 3(a).) In addition, plaintiff agreed not to commence \"any action or proceeding of any kind\" based on \"any act, omission, transaction, or occurrence up to and including the date of the execution of this Agreement.\" (Id \u00a7 3(a)). Generally, \"a valid release constitutes a complete bar to an action on a claim which is the subject of the release\" (Centro Empresarial Cempresa S.A. v. America Movil, S.A.B. de C.V., 17 N.Y.3d 269, 276, 952 N.E.2d 995, 929 N.Y.S.2d 3 [2011]; Global Mins. & Metals Corp. v Holme, 35 AD3d 93, 98, 824 NYS2d 210 [1st Dept 2006]). If \"the language of a release is clear and unambiguous, the signing of a release is a 'jural act' binding on the parties\" (Booth v 3669 Delaware, 92 NY2d 934, 935, 703 NE2d 757, 680 NYS2d 899 [1998], quoting Mangini v McClurg, 24 NY2d 556, 563, 249 NE2d 386, 301 NYS2d 508 [1969]). In addition, it is well settled that \"[a] release may encompass unknown claims, including unknown fraud claims, if the parties so intend and the agreement is 'fairly and knowingly made.'\" (Centro, 17 N.Y.3d at 276, quoting Mangini, 24 N.Y.2d at 566-67). Here, both parties were represented by sophisticated counsel who negotiated the terms of the separation agreement and release, which release included an integration clause Doc. No. 17, \u00a7 6(b)). Plaintiff 6 contractually agreed that \"neither University nor any representative of it has made any representations or promises to him other than as set forth\" in the agreement, and that \"[n]o other promises or agreements shall be binding.\" (Id.). 6 review of the complaint demonstrates that plaintiff's claims against and the individual defendants are barred by the release. Plaintiff alleges in his first cause of action that Defendants \"misled,\" \"lied\" and \"manipulated\" plaintiff, and thus fraudulently induced him into taking a leave of absence. 3/15/25, 11:50 Castano v. New Sch., 2020 N.Y. Slip Op. 31183 \| Casetext Search + Citator 5/11 Doc. No. 2, \u00b6\u00b6 52-53.) Plaintiff further alleges that \"[b]ut for the omissions, lies, and fraud intentionally carried out by Defendants, Plaintiff would not have taken his leave from The New School Doc. No. 2 \u00b6 58; \u00b6 62). Notably, all the allegedly misleading, false, and manipulative actions took place before plaintiff signed the settlement agreement, as his leave of absence preceded his signing and acceptance of the separation agreement and release. Plaintiff's fraud cause of action cannot be salvaged under the rubric of fraud by concealment, and vague allegations that Defendants induced plaintiff to enter into an agreement he would never have otherwise entered into. \"To plead a claim for . . . fraudulent concealment, plaintiff must allege facts to support the claim that it justifiably relied on the alleged misrepresentations\". (P.T. Bank Cent. Asia, N.Y. Branch v Bank N.V., 301 AD2d 373, 376, 754 NYS2d 245 [1st Dept 2003 cause of action for fraudulent concealment requires, in addition to the four . . . elements (of fraud, i.e., material misrepresentation of fact, scienter, reasonable reliance, and damages), an allegation that the defendant had a duty to disclose material information and that it failed to do so\"]). Defendants had no duty to disclose to plaintiff the specific details of the student's confidential complaint. (See, P.T. Bank Central Asia v Bank; 301 A.D.2d 373, 376 [1st Dept 2003]). 7 7 Likewise, plaintiff's negligence claim, the second cause of action, alleges that allegedly failed to \"conduct a proper investigation,\" \"provide Plaintiff with the actual statement and complaint,\" \"not [] lie\" to him, \"investigate fully,\" and comply with other purported duties regarding its investigation into Plaintiff's misconduct Doc. No. 2, \u00b6\u00b6 65-75). Again, notably, these actions and misdeeds ascribed to Defendants, took place during Defendants' investigation of the student's confidential complaints against plaintiff, which necessarily had to have occurred prior to the time that plaintiff agreed to release his claims as set forth in the separation agreement and release. Indeed, a review of the complaint confirms that all the underlying facts alleged by plaintiff in support of his negligence claim, predate execution of the separation agreement and release. Accordingly, plaintiff released all claims based on acts which pre-date the separation agreement and general release. Simply put, there is nothing in plaintiff's complaint that creates an issue of fact or any ambiguity as to the 3/15/25, 11:50 Castano v. New Sch., 2020 N.Y. Slip Op. 31183 \| Casetext Search + Citator 6/11 meaning of the separation agreement and release release \"should never be converted into a starting point for...litigation except under circumstances and under rules which would render any other result a grave injustice.\" (Centro, 17 N.Y.3d at 276). Notwithstanding plaintiff's attempts to distinguish the legal authority cited in support of Defendants' motion, it is pure casuistry to contend, as plaintiff does, that he received no extra-contractual \"representations or promises,\" and that such representations and promises both existed and somehow fraudulently induced his agreement. In other words, because plaintiff contractually agreed that he received no representations or promises not \"set forth\" in the agreement, no such representations or promises could have induced him to enter into the agreement. Indeed, plaintiff is contractually barred from asserting a fraudulent inducement 8 claim, as he contractually agreed that \"neither University nor any representative of it has made any representations or promises to him other than as set forth\" in the agreement, and that \"[n]o other promises or agreements shall be binding Doc. No. 17, \u00a7 6(b)). (See, Pate v Mellon-Alcentra Mezzanine HI, LP, 163 A.D.3d 429, 430 [1st Dept 2018]; Kremer v. Sinopia LLC, 104 A.D.3d 479, 480 [1st Dept 2013]; Leonard v. Gateway II, LLC, 68 A.D.3d 408, 409 [1st Dept 2009]). 8 Moreover, plaintiff's contention that he was wronged by Defendants actions in not telling him that his accuser's claim was of a non-consensual nature and otherwise complaining of the way Defendants conducted their investigation, ignores well-established precedent holding that Defendants had no statutory or common law duty which required them to disclose the details of the student's confidential complaint to plaintiff. (P.T. Bank Central Asia v Bank; 301 A.D.2d 373, 376 [1st Dept 2003]; Strasser v. Prudential Securities, Inc., 218 A.D.2d 526, 527 [1st Dept 1995]). Indeed, plaintiff appears to acknowledge this precedent, when he alleges that Defendants refused his multiple requests to provide him with \"the full statement and complaint\", alleging that the Defendants then told him, \"we ask the questions Doc. No. 2, \u00b624). Nevertheless, plaintiff attempts to cure his pleading deficiencies relative to his fraud cause of action, by claiming that Defendants had \"superior knowledge\". As Defendants correctly note, the \"superior knowledge\" doctrine only applies 3/15/25, 11:50 Castano v. New Sch., 2020 N.Y. Slip Op. 31183 \| Casetext Search + Citator 7/11 when a party fails to disclose \"essential facts\" about a \"transaction,\" such as the financial condition of a company being purchased, thereby rendering the transaction \"inherently unfair.\" (Swersky v Dreyer & Traub, 219 A.D.2d 321, 328 [1 Dept 1996]). Plaintiff here, has failed to make any such showing. st The transaction at issue involved the negotiation of the separation agreement, which concerned plaintiff's release of claims in exchange for various benefits. This transaction had 9 nothing to do with the details of the student's confidential complaint. Moreover, plaintiff knew that was not providing him with all pertinent information, and as such, these alleged nondisclosures could not have deceived or induced him, nor could he have justifiably relied upon such omissions. In fact, plaintiff has admitted that he \"decided it was in his best interest to leave his role at the New School and pursue new opportunities Doc No. 29, p.10). Likewise, plaintiff's allegations that an unnamed Dean, that plaintiff knew well and relied on, reassured him that would not remove plaintiff from its website does not cure his inability to plead a cause of action sounding in fraud. It is well settled that a contract action cannot be converted to one for fraud merely by alleging that the contracting party did not intend to meet its contractual obligations. (See, Rocanova v Equitable Life Assurance, 83 NY2d 603, 614, 634 N.E.2d 940, 612 N.Y.S.2d 339 [1994]). Accordingly, to the extent plaintiff's allegations concerning representations made by concerning plaintiff's presence on the website may constitute a breach of contract claim, under the terms of the separation agreement, any such contract claim must be arbitrated Doc. No. 17, \u00a7 6(d).). Notably, plaintiff is presently arbitrating this claim Doc. No. 18). Thus, any representations regarding the \"website\" and plaintiff's presence thereon, cannot support a fraud claim 9 Similarly, there is simply no evidence of fraud or other misconduct on Defendants' part in failing to advise plaintiff that the student had accused him of non-consensual sex or of the specific date that the student's allegations were made to Defendants. Plaintiff has failed to demonstrate that Defendants had a duty to disclose the confidential details of the student's complaint, and mere silence, without identifying some act of deception, does not constitute a concealment actionable as fraud. Accordingly, plaintiff has simply failed to plead, with the 10 requisite 10 3/15/25, 11:50 Castano v. New Sch., 2020 N.Y. Slip Op. 31183 \| Casetext Search + Citator 8/11 specificity, a cause of action sounding in fraud, as such a claim requires \"some act which deceived\" plaintiff. (Mobil Oil Corp. v. Joshi, 202 A.D.2d 318, 318 [1st Dep't 1994]). Additionally, the Court finds that Section 6 (d) of the separation agreement and plaintiff's commencement of an arbitration where he explicitly alleges that his removal from TNS's website was a breach of the separation agreement, compel the conclusion, that to the extent plaintiff has such a claim, it must be resolved through arbitration Doc. Nos. 17 and 18). Defendants' motion insofar as it seeks sanctions against plaintiff is denied court has the discretion to \"award ... costs in the form of reimbursement for actual expenses\" and/or impose financial sanctions for frivolous conduct. (Ortega v. Rockefeller Ctr. N. Inc., 2014 N.Y. Misc 6079 at 4 [Sup. Ct. N.Y. Cnty. Oct. 3, 2014]). Conduct is frivolous if: \"(1) it is completely without merit in law and cannot be supported by a reasonable argument for an extension, modification or reversal of existing law; (2) it is undertaken primarily to delay or prolong the resolution of the litigation, or to harass or maliciously injure another; or (3) it asserts material factual statements that are false.\" Id. This determination is discretionary and the court rejects Defendants' motion seeking to impose sanctions against plaintiff. Finally, as noted, in motion sequence number 001, Defendants seek to seal certain exhibits and documents submitted to the court in this action, which plaintiff does not oppose. Upon review of the record and the documents requested to be sealed, the court, having determined, in accordance with Part 216 of the Uniform Rules for the Trial Courts, that good cause exists for the sealing in part of the file in this action and the grounds therefor having been specified, the motion to seal is granted. 11 11 Accordingly, it is now that the Clerk of the Court is directed, upon service on him (60 Centre Street, Room 141B) of a copy of this order with notice of entry, to seal the Agreement and General Release between the parties attached as 3/15/25, 11:50 Castano v. New Sch., 2020 N.Y. Slip Op. 31183 \| Casetext Search + Citator 9/11 Exhibit to the Moskowitz Affidavit, sworn to on December 13, 2018 (Doc. No. 9 in the docket of the New York State Courts Electronic Filing System) and the confidential Statement of Claim attached as Exhibit to the Moskowitz Affidavit, sworn to on December 13, 2018 (Doc. No. 10 in the docket of the New York State Courts Electronic Filing System), submitted in support of the defendants' motion to dismiss this action and to separate these documents and to keep them separate from the balance of the file in this action; and it is further that thereafter, or until further order of the court, the Clerk of the Court shall deny access to the said sealed documents to anyone (other than the staff of the Clerk or the court) except for counsel of record for any party to this case and any party; and it is further that service upon the Clerk of the Court shall be made in accordance with the procedures set forth in the Protocol on Courthouse and County Clerk Procedures for Electronically Filed Cases (accessible at the \"E- Filing\" page on the court's website at the address and it is further that motion sequence number 002, filed by defendants, The New School, Jennifer Francone and Jerry M. Cutler, to dismiss the complaint herein is granted and the complaint is dismissed in its entirety as against said defendants, with costs and disbursements to said defendants as taxed by the Clerk of the Court, and the Clerk is directed to enter judgment accordingly in favor of said defendants. 12 12 Any requested relief not expressly addressed by the Court has nonetheless been considered and is hereby denied and this constitutes the decision and order of the Court. 5/5/2020 /s/ _________ PERRY, J.S.C. 3/15/25, 11:50 Castano v. New Sch., 2020 N.Y. Slip Op. 31183 \| Casetext Search + Citator 10/11 About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information Privacy Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 3/15/25, 11:50 Castano v. New Sch., 2020 N.Y. Slip Op. 31183 \| Casetext Search + Citator 11/11"}
7,309	Jonathan Fonville	Delta College	[ "7309_101.pdf", "7309_102.pdf", "7309_103.pdf", "7309_104.pdf", "7309_105.pdf", "7309_106.pdf", "7309_107.pdf", "7309_101.pdf", "7309_104.pdf", "7309_105.pdf", "7309_106.pdf", "7309_107.pdf", "7309_101.pdf", "7309_104.pdf", "7309_105.pdf", "7309_106.pdf", "7309_107.pdf" ]	{"7309_101.pdf": "Investigation found Delta professor likely violated harassment policy Updated: Sep. 29, 2016, 11:29 a.m. \| Published: Sep. 29, 2016, 10:29 a.m. By Cole Waterman \| [email protected] Delta College.jpg Delta College -- After two female students accused a professor of making inappropriate sexual advances toward them, Delta College's own investigation concluded it was likely the instructor indeed harassed them. Flint attorney Glen N. Lenhoff on July 12 filed the lawsuit on behalf of Emily Mason and MaCayla Jablonski in Bay County Circuit Court. Named as defendants in the suit are Delta College and former Professor Jonathan Brent Fonville. Mason and Jablonski are seeking damages in excess of $25,000, claiming they endured severe emotional distress, that Fonville interfered with their education, and that he \"created an intimidating, hostile and offensive sex-based educational environment\" for them. In addition, Delta \"took inadequate measures to stop\" the harassment, they allege. Via a Freedom of Information Act request, The Times obtained a Title investigative summary report from Delta College. The document states the investigation was conducted by Loyce Brown, the school's Title equity officer. Mason's and Jablonski's complaints were reported to Brown on Oct. 22 and the investigation concluded on Dec. 7, with the summary report dated Dec. 16. Title of Education Amendments of 1972 states, \"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.\" The summary report states the students began following Fonville's Twitter account around the midterm of the winter 2015 semester, as he intended to use the social media site to share class-related material. Personal conversations between the parties began in July, with the interactions beginning to cross the line a week later when Fonville began telling one of the women she was \"smart and attractive\" and \"to stop hitting on him.\" He later asked one of the women questions about her boyfriend, the suit and the summary state. Fonville on two occasions visited the same woman's place of employment, unnerving her, she told Brown. The professor also sent the woman a direct message via Twitter which linked to an article entitled \"The Most Charming Penis You'll Ever See,\" the report summary says. One of the women in May 2015 and the other in October received anonymous requests for nude photos via Tumblr, and they believed Fonville was behind these, the report states. The women also filed a complaint with the campus Public Safety Department. Fonville was removed from campus on Oct. 26 and was ordered not to contact the women, the report states. Brown on Nov. 3 interviewed Fonville. The professor said he had conversed with one of the women on Twitter. Fonville \"Also stated that the conversations became personal with the complainant within a few days of their initial conversations,\" the report states. \"Because the complainant was not a current student of (Fonville), (he) did not feel his actions were in any way inappropriate. Based on jokes shared in class and conversations between (them), (Fonville) felt they shared a similar sense of humor which was why he shared the link to the article: The Most Charming Penis You'll Ever See. He also stated that he never perceived that the complainant felt his conversations were inappropriate as she never blocked him or said she did not want to talk to him anymore.\" In speaking with Public Safety Director Robert Battinkoff, Fonville denied sending the women anonymous messages via Tumblr seeking nude photos. However, he did say he sent some anonymous Tumblr messages, but did not recall to whom the messages were sent, the report continues. The summary adds the complaining woman's credibility was deemed high. \"She had evidence to support the conversations on Twitter,\" the report states. \"Her friend had similar interactions with (Fonville).\" Fonville's credibility was deemed low in the report. Brown concluded the investigation by stating, based on a more-than-likely standard of proof, it is likely Fonville violated Title and Delta College's harassment policy. However, no additional sanctions could be imposed as Fonville was no longer employed by the college. Fonville resigned from Delta Collegeo n Nov. 24, before Brown completed the investigation. Mason and Jablonski's suit asserts they are owed damages under Michigan's Elliott-Larsen Civil Rights Act of 1976. The act prohibits discrimination on the basis of \"religion, race, color, national origin, age, sex, height, weight, familial status, or marital status\" in employment, housing, education, and access to public accommodations. In Delta's response to the suit, filed by Livonia-based attorney Elizabeth A. Rae-O'Donell, the college denies any wrongdoing. The school denies \"either Plaintiff has been discriminated against on the basis of their sex in the full utilization of benefits, services, activities or programs offered by the College and/or that this Defendant or Defendant Fonville created a sexually hostile education environment for either Plaintiff.\" Attorney Lenhoff, representing the plaintiffs, has said this response doesn't jibe with Brown's findings. \"This is inconsistent with the investigative report of Delta's Title coordinator,\" Lenhoff previously told The Times. \"Delta itself found the credibility of Emily and MaCayla to be high. It found Fonville's credibility was low. Delta found that there was sexual harassment here. I'm surprised at the answer and the answer's allegation is not so. \"Professors and teachers must understand affairs with students and sexual advances on students are just completely inappropriate,\" he continued. \"This case really touches on a major national issue.\" Fonville is represented by attorney Anne McClorey McLaughlin of Farmington Hills- based Johnson, Rosati, Schultz & Joppich. \"My client denies that any communication he had with the plaintiffs had any impact on their studies at Delta College,\" McLaughlin said. \"It occurred outside of the time he was their instructor.\" Fonville currently lives in Tennessee and was served with the suit there, Lenhoff said. The case is slated for a settlement conference before Circuit Judge Joseph K. Sheeran on Tuesday, June 13, 2017. If you purchase a product or register for an account through a link on our site, we may receive compensation. By using this site, you consent to our User Agreement and agree that your clicks, interactions, and personal information may be collected, recorded, and/or stored by us and social media and other third-party partners in accordance with our Privacy Policy. About Us Contact Us Jobs at MLive MLive Media Group Our Team Advertise with us Accessibility Statement Subscriptions MLive.com Newsletters The Ann Arbor News The Bay City Times The Flint Journal The Grand Rapids Press Jackson Citizen Patriot Kalamazoo Gazette Muskegon Chronicle The Saginaw News Already a Subscriber Manage your Subscription Place a Vacation Hold Make a Payment Delivery Feedback MLive Sections Jobs Autos Real Estate Rentals Classifieds News Business Sports Advice High School Sports Betting Life Opinion Obituaries Your Regional News Pages Saginaw Jackson Kalamazoo Muskegon Ann Arbor Bay City Flint Grand Rapids Mobile Mobile apps More on MLive Video Weather Post a job Archives Classifieds Sell your car Sell/Rent your home Sponsor Content Follow Us Twitter Facebook YouTube Privacy Policy \| User Agreement \| Ad Choices Use of and/or registration on any portion of this site constitutes acceptance of our User Agreement, (updated 8/1/2024) and acknowledgement of our Privacy Policy, and Your Privacy Choices and Rights (updated 1/1/2025). \u00a9 2025 Advance Local Media LLC. All rights reserved (About Us). The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. Community Rules apply to all content you upload or otherwise submit to this site. YouTube's privacy policy is available here and YouTube's terms of service is available here. Ad Choices", "7309_104.pdf": "\uf073 Mar 15, 2025 Home / News / Students sue delta college, professor Students sue delta college, professor \uf274August 29, 2016 By Cameron Kerkau, Managing Editor. Two current Delta College students have sued Delta College and former psychology instructor Jonathan \u201cBrent\u201d Fonville, alleging sexual harassment. The suit comes from the law office of Glen N. Lenhoff on behalf of Plaintiffs Emily Mason and MaCayla Jablonski think there was very serious sex harassment in this case, and look forward to presenting the case through the court system,\u201d Lenhoff told The Collegiate think sexual harassment in the academic community is a real problem in society, and do believe sexual harassment certainly happened here,\u201d says Lenhoff, of Flint. The plaintiffs declined comment. In the lawsuit filed in Bay County Circuit court earlier this month, the plaintiffs claim they were subjected to an offensive environment and that Fonville\u2019s conduct amounted to intentional infliction of emotional distress. Mason and Jablonski claim that the harassment began at the conclusion of an introductory level psychology class which Mason and Jablonski both attended. Fonville was the instructor for the class, which ran from January of 2015 to April of 2015. e is coming to Bay City closer look at The Lumineers\u2019 new album Automatic XLNC\u2019s 2025 Bric \uf002 Delta Collegiate Student Run Since '61 3/15/25, 11:17 Students sue delta college, professor - Delta Collegiate 1/8 The women allege that Fonville allegedly created a sexually hostile education experience for them at Delta. The complaint states that Fonville, who no longer works at Delta College, began sending overtly sexual and flirtatious text messages to both plaintiffs in May of 2015 until October 2015, including a link to a website which features pictures of penises. The Collegiate was unable to reach Fonville for comment. In its response to the lawsuit, filed in court on Wednesday, Delta College attorneys deny that Mason and Jablonski were discriminated against. It further denies that the alleged conduct substantially interfered with the students\u2019 education. In October 2015, the suit claims, Mason and Jablonski reported the harassment to two instructors, a dean, the campus equity officer and campus police chief. The complaint states that \u201cdefendant Delta knew, or should have known, that the said sex harassment was occurring and took inadequate measures to stop it.\u201d The plaintiffs seek unspecified damages from the college and Fonville for the conduct. In Delta\u2019s answer to the complaint, it admits that the plaintiffs reported Fonville\u2019s behavior on Oct. 22, 2015 to an instructor, and that the college took \u201cprompt remedial actions to appropriately address the Plaintiff\u2019s complaints.\u201d Delta further states that it thoroughly investigated the complaints upon receipt. No trial date has been set. *Editors note: Macayla Jablonski, editor- in-chief of the Delta Collegiate, is a plaintiff in this case. She did not take part in the assigning, writing or editing of this piece. 3/15/25, 11:17 Students sue delta college, professor - Delta Collegiate 2/8 Related Posts Election 2016 forum to take place on campus By Phoebe Fries, Guest writer. Students who want to be educated about and participate in their future are welcome to\u2026 Two Delta students to speak at annual commencement ceremony By Abigail Beckman, Staff Reporter. The annual Delta Commencement is upon us. The ceremony will take place on campus in\u2026 Board of Trustees meet to discuss Tuition and Fee increases By BROWN, Multimedia Director. Right in step with Spring, the Board of Trustees looked to breathe new life into\u2026 \uf104Graphic Novelties gets its shit together Our View \u2013 Voting vacation? \uf105 Donald Trump, Diddy, Elon Musk, Drake MORE! Delta Collegiate News! Donald Trump, Diddy, Elon Musk, Drake MORE! Delta Collegiate News! 3/15/25, 11:17 Students sue delta college, professor - Delta Collegiate 3/8 TV:Vlad\u2019s Skeletal Circus TV:Vlad\u2019s Skeletal Circus College President Talks About Possible Financial Aid Elimination, DEI, an College President Talks About Possible Financial Aid Elimination, DEI, an\u2026 3/15/25, 11:17 Students sue delta college, professor - Delta Collegiate 4/8 Donald Trump, Drake, Kendrick Lamar, Bay City Bridge Toll and more! Delt Donald Trump, Drake, Kendrick Lamar, Bay City Bridge Toll and more! Delt\u2026 Bay City Battles Corporate Greed - Bay City Bridge Protest Bay City Battles Corporate Greed - Bay City Bridge Protest 3/15/25, 11:17 Students sue delta college, professor - Delta Collegiate 5/8 President Donald Trump, TikTok, Reproductive Rights and More! - Delta President Donald Trump, TikTok, Reproductive Rights and More! - Delta C\u2026 Robbie D's \| Mid-Michigan Munchies Ep. 1 Robbie D's \| Mid-Michigan Munchies Ep. 1 3/15/25, 11:17 Students sue delta college, professor - Delta Collegiate 6/8 Press release? Advertising need? People\u2019s March in Midland calls for action on key issues People\u2019s March in Midland calls for action on key issues Delta Ducks Play Delta Ducks Play 3/15/25, 11:17 Students sue delta college, professor - Delta Collegiate 7/8 Copyright \u00a9 2025 Delta Collegiate Student submission? Comments? Contact us: [email protected] 3/15/25, 11:17 Students sue delta college, professor - Delta Collegiate 8/8", "7309_105.pdf": "Delta College settles sexual harassment lawsuit DetroitNews-Unknown Published 12:11 p.m June 16, 2017 Bay City \u2014 Two students who allege they were sexually harassed by a Delta College professor have dropped their lawsuit against the school in exchange for $195,000. The Bay City Times reports a judge signed an order in February to dismiss the lawsuit after an out-of-court settlement was reached with Emily Mason and MaCayla Jablonski. The newspaper reports it obtained the settlement agreement and the financial sum through a Freedom of Information Act request. The women sued the college and former professor Jonathan Fonville in July 2016. Delta College and Fonville maintain their innocence despite the settlement. The women alleged Fonville interfered with their education and that he \u201ccreated an intimidating, hostile and offensive sex-based educational environment.\u201d They also alleged the school took inadequate measures to stop it. \u2014\u2014\u2014 Information from: The Bay City Times, 3/15/25, 11:17 delta-college-settlement-sexual-harassment-lawsuit 1/1", "7309_106.pdf": "CITY, Mich. (AP) \u2014 Two students who allege they were sexually harassed by a Delta College professor have dropped their lawsuit against the school in exchange for $195,000 judge signed an order in February to dismiss the suit after an out-of-court settlement was reached, the Bay City Times ( ) reported. The newspaper recently obtained the agreement, including the financial sum, through an open records request. Delta College and the former professor, Jonathan Fonville, maintained their innocence in the settlement. \u201cThe College and Fonville do not admit, and in fact deny any liability or wrongdoing by entering into this Agreement and enter ... solely for economic business reasons and to buy their peace,\u201d the settlement states. Emily Mason and MaCayla Jablonski filed the lawsuit in July 2016, alleging Fonville interfered with their education and \u201ccreated an intimidating, hostile and offensive sex-based educational environment.\u201d The women also alleged the school took inadequate measures to stop it. The newspaper said it obtained a Title investigative summary report from Delta College through a Freedom of Information Act request. The federal law bars exclusion or discrimination on the basis of sex in federally funded education programs. The summary report states that Fonville began interacting with the women on Twitter, often with inappropriate questions and comments. The students followed Fonville on Twitter because he said he intended to use it for classwork. He was removed from campus in October 2015, after the women filed a complaint with the campus Public Safety Department. The report states that Fonville didn\u2019t feel his actions were Delta College settles in sexual harassment lawsuit Updated 4:45 CDT, June 16, 2017 Deadly weather \u2018Ted Lasso\u2019 Season 4 SpaceX launch Streaming now Ohtani in Japan 3/15/25, 11:18 Delta College settles in sexual harassment lawsuit News 1/2 inappropriate because he felt the students shared with him a similar sense of humor. Fonville resigned from the college in November 2015 before the investigation was completed. ___ Information from: The Bay City Times, 1 Appeals court lifts blocks on Trump\u2019s orders restricting diversity, equity and inclusion programs 2 The Justice Department is investigating whether Columbia University hid students sought by the 3 More than 50 universities face federal investigations as part of Trump\u2019s anti campaign 4 Trump says he was being a \u2018bit sarcastic\u2019 when he promised to end Russia-Ukraine war in 24 hours 5 Democratic Party fractures in government shutdown fight, with anger running high 3/15/25, 11:18 Delta College settles in sexual harassment lawsuit News 2/2", "7309_107.pdf": "Former Instructor accused of Sexually Harassing Students Michigan sexual harassment lawsuit was filed in July 2016 in Bay County Circuit Court alleging that an instructor at Delta College sexually harassed two students, MaCayla Jablonski and Emily Mason. The sexual harassment lawsuit was filed against Delta College and the instructor, Jonathan Brent Fonville. In January 2015, both students enrolled in Fonville\u2019s introduction to psychology class. The sexual harassment lawsuit explained that the students were assigned to do a paper regarding their \u201cpersonal insecurities and mental disorders\u201d during the course. The following April, the instructor allegedly reached out to the students on social media. According to Jablonski, Fonville also showed up at her job. After he made an appearance at her job, the students alleged that Fonville started communicating with them via text message. The sexual harassment lawsuit claims Fonville sent \u201covertly sexual and flirtatious text messages.\u201d Fonville\u2019s actions were definitely inappropriate for an employee and educational instructor at Delta College. The accused instructor should\u2019ve aided the students in school and with their futures as opposed to engaging in sexual harassment. Throughout the text messages the students alleged Fonville sent, they claimed he inquired about their personal dating lives. As the year Delta College sued for Sexual Harassment Derek Smith Law Group \u00bb Delta College sued for Sexual Harassment 3/15/25, 11:18 Delta College sued for Sexual Harassment - Sexual Harassment Attorney New York City \| Philadelphia \| Miami \| Los Angeles \| San\u2026 1/8 progressed, the instructor became more open with his sexual harassment. The female students started to receive various web links leading to sexual websites displaying images of male private parts, according to the sexual harassment lawsuit. Jablonski revealed that she received several \u201csexual messages\u201d on a popular social media site, Tumblr, that she genuinely suspects Fonville sent her. In addition to sexually harassing the students, the plaintiffs allege that Fonville attempted to sexually harass their social studies course instructor. After tolerating consistent sexual harassment from Fonville for months, the students filed an official sexual harassment report with the school officials. They also informed the dean of faculty and Delta\u2019s Title Equity Officer about Fonville\u2019s wrongdoings. The students alleged Delta College \u201ctook inadequate measures to stop\u201d Fonville from sexually harassing them. Currently, the plaintiffs are seeking $25,000 in monetary damages for the emotional distress they experienced after their instructor disturbed their academic environment with hostility. The students claimed they were subjected to an \u201coffensive sex-based educational environment.\u201d The sexual harassment lawsuit alleged that Delta College violated Michigan\u2019s Elliott-Larsen Civil Rights Act of 1976, which prohibits discrimination in education and on the basis of sex amongst several protected classes. In a statement, the defense attorney denied, \u201ceither Plaintiff has been discriminated against on the basis of their sex in the full utilization of benefits, services, activities or programs offered by the College.\u201d All of these activities took place in October along with a sexual harassment investigation into the sexual harassment claims. The results of the sexual harassment investigation disclosed that the sexual messages were a mutual activity that both parties engaged in. 3/15/25, 11:18 Delta College sued for Sexual Harassment - Sexual Harassment Attorney New York City \| Philadelphia \| Miami \| Los Angeles \| San\u2026 2/8 The findings claim the sexual harassment via text messages was not unwanted or unwelcome, post the psychology course. According to the investigation\u2019s response, Fonville\u2019s appearance at Jablonski\u2019s job was merely a coincidence considering Fonville was allegedly unaware that the plaintiff was employed there. According to the investigation report by Delta\u2019s Title coordinator, the previous investigation\u2019s findings did not match. Delta College revealed that Emily and MaCayla were great individuals with excellent credibility whereas Fonville maintained a different caliber and lower level of credibility. The Title investigation discovered that sexual harassment was present in the academic facility. The plaintiffs\u2019 sexual harassment attorney is determined to prove Fonville\u2019s sexual harassment was unwanted by the plaintiffs. The sexual harassment lawsuit added, \u201cProfessors and teachers must understand affairs with students and sexual advances on students are just completely inappropriate.\u201d The defense attorney alleged Fonville\u2019s sexual misconduct did not interfere with the plaintiffs\u2019 academics since the sexual harassment took place \u201coutside of the time he was their instructor.\u201d Sexual harassment is a worldwide unwanted issue that does not belong in the halls of Delta College according to the federal law Title IX. Title protects individuals in educational environments receiving federal funding from discrimination based on sex. Fonville is no longer employed at Delta College. He also declined making a comment regarding the pending litigation. Sexual Harassment Lawyer Have you ever experienced sexual harassment at work in New York City, Miami, New Jersey, or Philadelphia? If so, contact a sexual harassment 3/15/25, 11:18 Delta College sued for Sexual Harassment - Sexual Harassment Attorney New York City \| Philadelphia \| Miami \| Los Angeles \| San\u2026 3/8 lawyer at the Derek Smith Law Group in New York City, Miami, New Jersey, or Philadelphia for legal guidance with your sexual harassment case. Our sexual harassment lawyers are adept, knowledgeable about the employment laws that protect employees from workplace sexual harassment, and ready to provide stellar legal representation throughout your sexual harassment case. Posted on September 4, 2016 Categories Employment Laws, New Jersey Lawyer, New York City Lawyer, Philadelphia lawyer, Sexual Harassment Tags academic sexual harassment, Delta College, Emily Mason, Jonathan Brent Fonville, MaCayla Jablonski, New York City employment law attorney, New York City Sexual Harassment Lawyer, sexual comments, sexual harassment claim, sexual harassment in social media, sexual harassment Law, sexual joking, sexual text messages, Title IX, Title coordinator, unwanted sexual advances Related Blogs Healthcare Workers\u2019 Rights When Fired or Forced to Quit for Objecting to Work Conditions While Treating Coronavirus Patients Aziz Ansari, you too? 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8,652	Charles Steinfield	Michigan State University	[ "8652_101.pdf", "8652_102.pdf", "8652_103.pdf", "8652_101.pdf", "8652_102.pdf", "8652_103.pdf" ]	{"8652_101.pdf": "Take a peek behind the curtain and test drive the StateNews.com today! news / msu removes emeritus title from two professors after sexual harassment inquiry Jack Armstrong July 16, 2021 Olds Hall on Michigan State University's campus on April 13, 2022. \u2014 Photo by Jillian Felton \| The State News Two retired emeritus professors at Michigan State University who were previously found to have violated policies on sexual misconduct have had their honorary titles removed. According to an investigation conducted by the Lansing State Journal, Thomas Vogel, a former professor in the Department of Earth and Environmental Sciences, and Charles Steinfield, a former professor in the Department of Media and Information, were stripped of their emeritus titles following a recommendation by the university committee on faculty affairs. Both revocations were then approved by President Samuel Stanley. All findings written in the investigation were confirmed by Deputy Spokesperson Dan Olsen in January. \u201cWhile these revocations may not undo the harm caused by these two individuals, our actions make clear that even retired faculty can and will be held accountable for violating university policy while at Michigan State University when new evidence is brought forward,\u201d Olsen said in a statement previous investigation by the found that Vogel and Steinfield were among at least four retired professors that were allowed to keep their emeritus status despite their transgressions. Vogel held emeritus status prior to being found in violation of sexual misconduct policies by the Office of Institutional Equity, while Steinfield was given the emeritus title several years after being punished for sexual misconduct. According to the investigation, two other professors emeritus also were found in violation of these policies: James Kielbaso, a professor emeritus in the Department of Forestry, and William Latta, an emeritus assistant vice president for operations. Both still retain their titles. Before June 2019, faculty and academic staff received emeritus titles automatically upon retirement. Steinfield was informed in February that the university was considering the revocation of his professor emeritus status. Vogel was informed in March. In letters to both men dated May 5, 2021, Provost Teresa Woodruff said that \u201c...the matter is of sufficient seriousness to warrant the revocation of your Professor Emeritus status.\u201d Woodruff said that the emeritus status had been revoked pursuant to the emeritus policy in the faculty handbook, which states that emeritus status may be revoked in circumstances in which behavior occurring or discovered after one is awarded emeritus status is deemed to be \u201csubstantially inconsistent with the behavior expected of Michigan State University faculty, academic staff, and administrative staff.\u201d The ability of the Provost to the President to recommend revocation of emeritus title, after approval by the University Committee for Faculty Affairs, was added to the emeritus policy in February 2020. This is the policy Woodruff used in her letters to Vogel and Steinfield. This revision was included in a letter sent out from President Stanley and other administrators in January of this year. The letter, sent to faculty, staff, and students, described actions taken over the last three years to prevent instances of relationship violence and sexual misconduct from happening. search... sections quick links social news sports spotlight opinion classifieds obituaries about advertise board of directors photo reprints privacy policy corrections & archives student positions alumni contact us email newsletter All Content \u00a9 2025 State News, Inc. Powered by Solutions by The State News.", "8652_102.pdf": "Strips Titles From Two Retired Profs Due To Sexual Misconduct Public Media \| By Kevin Lavery Published July 16, 2021 at 11:43 \u2022 1:14 / File Photo Michigan State University has stripped two retired professors of their \"emeritus\" status due to sexual misconduct. Updated July 16, 2:02 p.m Michigan State University has revoked an honorary title from two retired professors after determining they engaged in sexual misconduct investigated complaints against former faculty members Charles Steinfield in 2012 and Thomas Vogel in 2016 Partita No. 4 Johann Sebastian Bach Both were deemed to have violated the university\u2019s sexual misconduct policy. In May stripped Steinfield and Vogel of their status as professors emeritus. Spokesman Dan Olsen says the action was in a response to a university-wide review. \u201cWe will continue to then review these allegations as they go forward and make sure we\u2019re handling these with appropriate care,\u201d says Olsen. Steinfield and Vogel will no longer be allowed to represent Michigan State University in any way. In a written statement, Olsen says \u201cwhile these revocations may not undo the harm caused by these two individuals, our actions make clear that even retired faculty can and will be held accountable for violating university policy while at Michigan State University when new evidence is brought forward.\u201d Separately, the University of Michigan revised its own emeritus status policy this week to include revocation measures in cases of sexual misconduct. Tags News sexual misconduct Kevin Lavery Kevin Lavery served as a general assignment reporter and occasional local host for Morning Edition and All Things Considered before retiring in 2023. See stories by Kevin Lavery Partita No. 4 Johann Sebastian Bach Related Content News Reporter Details Process Of Investigation Into Sexual Misconduct At Sophia Saliby, February 2, 2021 more than year-long investigation by the Lansing State Journal found at least 11 university employees who violated its sexual misconduct policy were \u2022 5:37 Partita No. 4 Johann Sebastian Bach This spring, power trusted journalism in mid-Michigan! Your support for fuels reliable news and in-depth storytelling that keeps our community informed. Give today to help ensure fact-based reporting remains strong\u2014because journalism matters \u00a9 2025 Michigan State University Board of Trustees Contact Us News Nassar Takes Sentencing Appeal To Supreme Court Scott Pohl, February 22, 2021 Convicted sex offender Larry Nassar is again appealing the prison sentence he got from Ingham County Circuit Judge Rosemarie Aquilina in 2018, this time \u2022 0:58 Partita No. 4 Johann Sebastian Bach Directions and Map Employment Privacy Policy Notice of Nondiscrimination Public File Applications Partita No. 4 Johann Sebastian Bach", "8652_103.pdf": "Third retired professor stripped of emeritus title after sexual misconduct Kara Berg Lansing State Journal Published 9:13 a.m Jan. 12, 2022 Updated 9:39 a.m Jan. 12, 2022 retired emeritus professor at Michigan State University was stripped of his title several years after being found responsible for sexual misconduct. James Kielbaso, a former professor emeritus in the Department of Forestry, was found in 2018 to have made inappropriate comments and unwanted sexual advances toward a student. Kielbaso kept his emeritus status until recently, when it was revoked because of the sexual misconduct finding. Sexual misconduct: Despite warnings, multiple reports of sexual misconduct, faculty remain employed at Revoking the title: Michigan State strips two retired professors of emeritus title after sexual harassment inquiry long investigation: Former students poorly handled report of sexual misconduct against history professor In January 2020, in lieu of commenting on the sexual misconduct finding, Kielbaso sent a photo of a note written by the woman who said he sexually harassed her. The note says, \u201cThank you so much for believing in me and all you have done for me in the past. You\u2019ve been a great help personally and professionally.\u201d Kielbaso said this note was from \u201cwell after graduation and into a full time job and successful career.\u201d The woman, however, said Kielbaso pressured her into writing the note for him, which was included in her thesis \u2014 not well after graduation, she said was threatened that 'would regret not thanking him,'\" the woman wrote in an email. \"He was manipulative, used his power and rank over me for selfish gain and absolutely stole several years of my life. He used my degree as bait to keep me around in his disgusting game. It was exhausting.\" She said she is grateful he lost his emeritus status, but is \"disgusted\" that despite MSU's finding that he sexually harassed her, he still appears to believe he did not do anything wrong. Kielbaso was one of at least four retired professors and administrators who were allowed to keep their emeritus title despite being found to have violated policies on sexual misconduct spokesperson Dan Olsen said prior to June 2019, all faculty, academic staff and executive managers automatically received emeritus status upon their retirement. Thomas Vogel, a former professor emeritus in the Department of Earth and Environmental Sciences, and Charles Steinfield, professor emeritus in the Department of Media and Information, were both stripped of their titles in May. William Latta, an emeritus assistant vice president for operations, has kept his emeritus status, Olsen said. Because the university knew of his sexual misconduct prior to granting him emeritus status, they cannot revoke it now, he said is looking at changes to its emeritus policy to possibly change this, Olsen said. Contact reporter Kara Berg at 517-377-1113 or [email protected]. Follow her on Twitter @karaberg95."}
7,904	James Stegall	Western Illinois University	[ "7904_101.pdf", "7904_102.pdf" ]	{}
7,927	Stephen Kellert	Yale University	[ "7927_101.pdf", "7927_101.pdf", "7927_101.pdf" ]	{"7927_101.pdf": "The Crimson is a student-run nonprofit. Please support us by disabling AdBlock for our site. Yale Disciplines Faculty Member For Sexual Misconduct By Olivia F. Gentile, Contributing Reporter November 16, 1992 Nearly 200 Harvard Affiliates Rally on Widener Steps To Protest Arrest of Columbia Student Will Increase Staffing At Receiving Kennedy-Longfello Students Yale University has taken \"significant\" disciplinary action against a senior faculty member accused of sexual misconduct, a school official said yesterday. Yale Deputy Provost Charles H. Long refused last night to comment on the details of the punishment, but said the professor's actions were found to be in violation of university policies. The Yale Daily News reported last month that Stephen Kellert, a Yale School of Forestry professor, admitted to making sexual advances four years ago toward Katheryn Joost, then a prospective graduate student. Neither Long, who began investigating the case this fall after Joost filed a written complaint with the university secretary, nor the dean of the School of Forestry, Jared Cohon, has labelled Kellert's behavior sexual harassment. According to the Daily News, Cohon determined Keller's punishment after reviewing facts presented by Long. Cohon's reprimand will remain on Kellert's Sections 3/15/25, 12:29 Yale Disciplines Faculty Member For Sexual Misconduct \| News \| The Harvard Crimson 1/4 Want to keep up with breaking news? Subscribe to our email newsletter permanent employment record, the paper reported. In an interview from her home in Eugene, Ore., last night, Joost, 35, said it was her understanding that the Yale administration does not plan to inform her of Kellert's specific punishment. Joost, now a graduate student at the University of Oregon, said she did not know why the Yale administration did not classify Kellert's behavior as sexual harassment. She said she made it clear in her complaints that she believed Kellert sexually harassed her. But she said she is pleased that Yale has officially announced that Keller's actions violated university conduct rules. Kellert did not deny making advances in June 1988 toward Joost, but told the Daily News that he retreated after her initial hesitation. Joost first met Kellert at a 1987 conference in Montana. The two discussed the possibility of her coming to Yale to study at the School of Forestry, and then months later spoke on the phone to arrange her visit, according to the Daily News. The four-year lag between the incident and a formal complaint was due partly to Joost's misunderstanding of Yale's sexual harassment policy. Long said as a result of this incident, Yale will now make a small but significant change in the way it publicizes disciplinary policies in order to clarify a visitor's option of bringing forward complaints. The school's sexual harassment policy includes prospective applicants such as Joost, he said. According to Long Joost first approached Yale's Affirmative Action Office and the dean of the faculty of arts and sciences four years ago about the incident, but was not instructed on how to proceed with her allegation Sections 3/15/25, 12:29 Yale Disciplines Faculty Member For Sexual Misconduct \| News \| The Harvard Crimson 2/4 1. First They Came for Columbia 2. Harvard Law School Students Pass Referendum Urging University To Divest From Israel 3. Undergraduate Pakistan Trek Will Proceed As Planned Ahead of Expected Trump Travel Ban 4. As Trump Floats New Travel Restrictions, International Students Look for Guidance from Harvard 5. 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Sections 3/15/25, 12:29 Yale Disciplines Faculty Member For Sexual Misconduct \| 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 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 3/15/25, 12:29 Yale Disciplines Faculty Member For Sexual Misconduct \| News \| The Harvard Crimson 4/4"}
7,906	Timothy Mullin	Western Kentucky University ‚Äì Bowling Green	[ "7906_101.pdf", "7906_102.pdf", "7906_103.pdf", "7906_102.pdf", "7906_102.pdf" ]	{"7906_103.pdf": "Heavily redacted sexual harassment records reveal misconduct Published 12:15 am Sunday, June 13, 2021 By [email protected] ( The heavily-redacted Title sexual misconduct records are shown after being obtained by the Bowling Green Daily News via an Open Records Request. (Photo illustration by Grace Ramey/[email protected]) Heavily redacted records documenting sexual harassment committed by Western Kentucky University employees reveal numerous instances of misconduct that resulted in faculty and staff being allowed to quietly leave their jobs or retire. And in some cases, those who knew about the transgressions failed to report them \u2013 even when students came forward to complain. The newly released \u2013 though heavily blacked out \u2013 employee sexual misconduct and harassment records are the result of an Open Records Act request that a student journalist with WKU\u2019s College Heights Herald placed in November 2016. Email newsletter signup The reporter, Nicole Ares, asked for documents of Title investigations into faculty and staff sexual misconduct against students that spanned the previous five years, and she made the same request of every public university in the state. Six universities complied with Ares\u2019 request, redacting the names of students and their identifying information. Ares\u2019 award-winning report \u2013 \u201cIn the Dark: Records Shed Light on Sexual Misconduct at Kentucky Universities\u201d \u2013 found that many university faculty from across the state who were accused and ultimately found to have committed acts of sexual misconduct were allowed to quietly leave their jobs or stay with just a slap on the wrist. Only two schools \u2013 Western Kentucky University and Kentucky State University \u2013 outright refused to hand over the records to Ares, with or without redactions. The following year, in 2017 sued its own student newspaper to keep the records out of the public eye \u2013 even after then-Attorney General Andy Beshear found that the university failed to adequately explain why it was denying the request. Beshear ruled at the time that must allow immediate access to the records \u2013 with the exception that the names and personal identifiers of complainants and witnesses be withheld. In March, after a Kentucky Supreme Court ruling on a similar lawsuit between the University of Kentucky and its student-run newspaper said it would provide to the College Heights Herald \u201cdocuments related to all Title investigations asserted against employees from November 2011 to November 2016 has maintained that federal privacy law prevented it from \u201creleasing information which could lead to the identification of complainants.\u201d \u201cWe made it clear that we would follow legal precedent, and this ruling provides much needed additional clarity,\u201d Andrea Anderson, WKU\u2019s general counsel, said in a statement at the time. \u201cOur focus from the beginning has been on protecting the identity of those filing the complaints. We look forward to bringing the litigation with the Herald to resolution.\u201d The Daily News obtained and reviewed its own copies of the heavily redacted employee sexual misconduct and harassment records through its own Open Records Act request. The substance of the records In most cases \u2013 though not all \u2013 the names of employees accused of sexual misconduct or harassment were redacted. \u201cThe names of the respondents are not redacted in the cases in which there was a finding of a policy violation,\u201d Anderson wrote in an email to the Daily News. However, a Daily News analysis found that, in at least two case files, the names of two employees who were accused of misconduct remained unredacted. The Daily News is not disclosing the names of these individuals because the university ultimately found that a policy violation had not occurred in both cases. There are, however, five case files in which the names of the accused employees were intentionally left unredacted and a violation was found to have occurred. Sign up for our daily email newsletter add your email address here, cancel anytime Subscribe Anderson confirmed Friday to the Daily News that four of the individuals are no longer employed at WKU. The fifth employee was allowed to retire from the university, according to his case file, and a Daily News obituary states that someone by that name died last year. The five individuals are: Michael Kallstrom \u2013 Female students complained that Kallstrom, a university distinguished professor in WKU\u2019s Music Department, subjected them to inappropriate touching, comments and looks. During one such occasion, when a student was visiting Kallstrom\u2019s office and was accompanied by a male student, Kallstrom grabbed the female student\u2019s thigh when the male student turned his head to take a phone call, the records said. \u201cThe Anonymous Complainant said as soon as she walked out of Dr. Kallstrom\u2019s office she told her friend what occurred, but he said he did not witness it.\u201d The student also recounted another episode during which she wore a T-shirt and Kallstrom told her \u201cif it was lower cut, it would look better,\u201d according to the investigation documents. After speaking with more than 20 witnesses, the university\u2019s investigator wrote that \u201cdue to the numerous reports of inappropriate physical contact from witnesses interviewed and inappropriate comments mentioned, the corroborating evidence is overwhelming.\u201d Kallstrom was found to have violated university policy, and he longer works at WKU. However, the investigation revealed that the student who brought forward the complaint told at least three faculty members of Kallstrom\u2019s behavior before the university began its investigation. The conclusion of the investigation found that \u201csome of the faculty chose not to report their meeting(s) with the Anonymous Complainant to the Title Coordinator, a Deputy, and/or one of the Investigators.\u201d Every employee at is considered a \u201cresponsible employee\u201d and is required to report allegations of sexual misconduct and assault \u2013 especially those reported by students. The investigation found that several faculty members failed to live up to that responsibility. Kenneth Johnson \u2013 Johnson first got the attention of WKU\u2019s Title investigator in March 2014 when a student complained that \u201cMr. Johnson threatened to place a hold on her TopNet account, which would prevent her from registering for classes, if she did not stop by his office to visit him and/or have dinner.\u201d Johnson had no authority to place a hold on the student\u2019s account, the file said, but \u201cbefore she discovered the truth, she agreed to have dinner with him. She specifically stated had knots in my stomach. It bothered me how he used his position as a form of manipulation.\u2019\u201d The student told investigators that she knew of other students who had been coerced by Johnson, and that she once witnessed him having dinner with another student. Rumors about Johnson dating female students and having sexual relationships with them \u201cwere common,\u201d the investigation said. Investigators also learned that \u201cKenneth has made negative remarks in front of others about a male student potentially being gay, including while this student was also present.\u201d The investigation found that Johnson did in fact violate WKU\u2019s Standards of Conduct Policy and Discrimination and Harassment Policy, in addition to Title of the Educational Amendments of 1972. Johnson is no longer employed by the university, Anderson told the Daily News. Colleen Donovan \u2013 Records show that investigators found Donovan did violate university policy when she was employed as an academic readiness instructor at WKU. Although some of Donovan\u2019s behavior is obscured by the university\u2019s redactions, the investigation cites testimony from students that \u201con the first day of class, Ms. Donovan told the class that the highest grade each of the students would receive would be a C, except for one or two students who would receive an or a B.\u201d When one student arrived late to class and protested being marked absent, Donovan \u201cyelled at her, began walking circles around her, and telling her that she (Donovan) was in charge of the class,\u201d according to the records. Donovan encouraged the student to drop her class, the student complained, and records show that the university also investigated the case as a possible instance of sex discrimination because the student was the only female in her class. The university was not able to prove that discrimination had occurred, however. Multiple students complained that Donovan refused to take their questions in class and to accept their work: \u201cColleen continuously rejects drafts of their papers, requests them to re-do assignments, but never accepts their work as final submissions,\u201d the file states. Records make clear that administrators recommended disciplinary action be taken against Donovan, but they do not spell out exactly what kind of action, leaving that up to her unit and department leaders to decide. Donovan is no longer employed by WKU, Anderson confirmed Friday. Steve Briggs \u2013 Briggs\u2019 case file reveals that he was issued a verbal warning by his supervisor in 2013 \u201cregarding your inappropriate touching of and comments towards at least one other employee.\u201d It was a warning that Briggs allegedly failed to comply with, and in November 2014, he drew the attention of the university\u2019s Title officials once more, earning him another warning \u2013 though this time it was written. In January 2015, he was notified that \u201cthese incidents \u2013 including your poor judgment and non-compliance with my prior directive \u2013 serve as the basis for this written reprimand. Any further incidents/complaints or violations of this nature will result in a recommendation for termination of your employment.\u201d It\u2019s unclear who sent the memo to Briggs because the person\u2019s name is blacked out. As a consequence at the time, Briggs was required to undergo training to address appropriate workplace interactions. Briggs is no longer employed at WKU, the university\u2019s general counsel confirmed. Timothy Mullin \u2013 Mullin\u2019s case file indicates he was allowed to retire (though it is not clear when because the date of his retirement memo is redacted) after complaints surfaced of him sexually harassing male students and belittling and berating the female employees he supervised. One female employee complained that \u201che has publicly humiliated me, habitually speaks to me in a condescending manner usually reserved for small children and animals.\u201d The case file also documents Mullin\u2019s behavior around male students: how he would openly stare at students\u2019 behinds and make inappropriate comments about their appearance, according to the files. Another complainant stated that \u201cTimothy Mullin is a lawsuit against simply waiting to happen. If he remains employed by the university it is simply a question of when. If his serial sexual harassment of male students becomes public knowledge, it will result in irreparable harm to WKU\u2019s reputation with students, parents and the community at large Daily News obituary for a man by that name states that Mullin died in November 2020. Despite those details regarding five individuals, the heavily redacted records obscure basic details of WKU\u2019s misconduct and harassment investigations. In total provided 17 case files to the College Heights Herald, spanning 1,896 pages of internal memos and emails, investigation notes and administrator interviews with the accused, witnesses and complainants. Some records are so heavily redacted that the exact nature of the complaint \u2013 including the alleged misconduct \u2013 is obscured. In many cases, the personal notes investigators took are rendered unreadable, the contents of entire pages withheld. Michael Abate, an attorney with the Louisville-based law firm Kaplan, Johnson, Abate and Baird who is representing the College Heights Herald, called the redactions \u201ctotally inappropriate\u201d and, in his view, are a sign that the university is acting in bad faith. \u201cThe only thing that should have been redacted from this is any specific identifying information regarding a student involved in the investigation,\u201d Abate told the Daily News. After the Kentucky Supreme Court decision in the case between the University of Kentucky and its student newspaper, the Kentucky Kernel, Abate said he made clear to the university that only student names and identifiers should be withheld from the records. Abate said he notified the university that the names of accused employees \u2013 regardless of the university\u2019s finding in each case \u2013 should be disclosed to the College Heights Herald. He said he provided examples backed up by case law and opinions from various attorneys general on the matter to make his point. \u201cThey utterly ignored that,\u201d Abate said. \u201cThey did this knowingly without any justification, and it\u2019s wrong.\u201d \u201cIn our view, this was not done in good faith,\u201d Abate told the Daily News, calling the redactions \u201cjust a continuation of the culture that is totally adverse to transparency.\u201d Jon Fleischaker, also an attorney with Kaplan, Johnson, Abate and Baird, is credited with helping to draft Kentucky\u2019s Open Records Act and said he found the extent of the redactions baffling and \u201cextremely disappointing.\u201d Fleischaker called the sheer breadth of the redactions inappropriate and that they are not authorized by the state\u2019s Open Records law that he helped author. Speaking for himself and his wife, Kim \u2013 who have supported the university\u2019s journalism program over the years with awards and endowed courses \u2013 Fleischaker condemned the university\u2019s conduct in the case. \u201cWe are extremely disappointed in the way that the administration at Western (Kentucky University) has handled\u201d the records request, Fleischaker told the Daily News. The purpose of Kentucky\u2019s Open Records Act, Fleischaker said, is to dispel speculation and rumors and to promote government transparency and accountability with the clear light of day. This case is not about any individual professor or administrator, Fleischaker said, but about how the university is comporting itself in sexual misconduct and harassment cases. \u201cAre they doing a good job?\u201d Fleischaker said. For his part, Abate anticipated that the matter would wind up back in court. \u201cWe\u2019re prepared to continue asserting the public\u2019s right to know what happened,\u201d Abate said.", "7906_102.pdf": "Alexandra Hendricks WKUHerald.com \u2022 September 20, 2021 \u2022 decade-of-university-title-ix-actions/ Blacked out: Redacted sexual misconduct files obscure nearly a decade of university Title actions Lily Burris and Debra Murray After a four-year legal battle and a Supreme Court decision in a similar case released nearly a decade\u2019s worth of sexual misconduct records this summer in response to a Herald open records request filed in 2016 and another earlier this year. Files from both responses, a total of 39 investigations, were released but heavily redacted. In 27 cases, covering allegations of sexual misconduct lodged against faculty or other employees from 2011 through 2020, the university concluded that the incidents did not violate WKU\u2019s Title policy. Those claims involved both students and employees and ranged from possible homophobic job denial to what the person felt was excessive touching found, in nine cases, enough evidence that resulted in the resignation or retirement of faculty or staff members, effectively ending the investigation before a formal conclusion. This included a case of a male staff member threatening to place holds on a female student\u2019s TopNet account, blocking her from registering for classes, in exchange for going on dates. In three cases, enough evidence was found to fire or discontinue the employees. Michael Abate, the Herald\u2019s attorney at the Kaplan Johnson Abate & Bird law firm in Louisville, contends that the records released were \u201cseriously over-redacted.\u201d Abate said the Herald is in the process of disputing those redactions and may ask the courts to resolve the dispute. In the original Nov. 1, 2016, open records request, the Herald asked for all investigative records for all Title investigations into all sexual misconduct allegations against employees in the last five years. This request was mirrored in spring 2021 when began to fulfill the original request initially rejected the 2016 request by citing the Family Educational Rights and Privacy Act. The Herald appealed the decision to Kentucky\u2019s attorney general, who oversees public access laws. The then Attorney General, now Governor Andy Beshear ruled was in violation of the Kentucky Open Records Act and ordered to turn over the documents. Instead sued the Herald in Warren County Circuit Court in February 2017 in a case that still has not been resolved 4 1\u20442 years later. In a similar case where the University of Kentucky refused to turn over sexual misconduct records to the Kentucky Kernel, the university student newspaper, the state Supreme Court in March ruled in favor of the publication. The court opinion said could not use as an \u201cinvisibility cloak\u201d to hide all documents involved or associated with students. The federal law does indicate should be used to protect students\u2019 educational records. Abate said \u201ca requester is entitled to everything in the file not specifically exempt\u201d and cannot use to redact information about employees. The university is required to provide an index of reasons for their redactions. While did provide an index, Abate disputes whether many of the redactions were permissible under the Open Records Act. After the decision decided to begin turning over the 2011- 2016 records to the Herald, releasing redacted records over the next few months. In turn, the Herald made an identical request for records of such cases from 2016-2021. With the redactions, Abate said things appear to be missing from the files. The biggest one is the names of faculty and staff accused of wrong- doing, even if the claim is not found to be a violation of university policy. Abate said there is controlling case law that entitles the public to the names and handlings of the accusations. \u201cIn many instances, the university also redacted key substantive details of the allegations that make it difficult to know what actually happened,\u201d Abate said. \u201cSeveral files appear to be missing documentation contained in almost all other files. And in some places the redactions are not clearly explained, so it\u2019s impossible to know exactly what has been withheld.\u201d In a document outlining its reasons for redactions said it was following the ruling of the Supreme Court, federal privacy regulations and, on cases where no violations were found, a 2020 attorney general\u2019s opinion. For the public to have confidence in the safety of the campus community, Abate said, they must know these allegations are being handled seriously and appropriately. \u201cPublic universities simply cannot be permitted to sweep serious allegations under the rug or quietly push policy violators out the door to other institutions where they might offend again,\u201d Abate said. \u201cUnfortunately, the facts that have come to light from the Herald\u2019s reporting show that pattern of behavior is all too common among universities.\u201d Alexandra Hendricks \u2018In the dark\u2019 On May 4, 2017, the Herald published \u201cIn the Dark,\u201d an in-depth report in which former Herald staffer Nicole Ares reported on more than 1,200 pages of records obtained through public records requests to all eight public Kentucky universities. Six of the eight universities provided records at the time, with only and Kentucky State University denying the request. Ares\u2019 story detailed violations at Northern Kentucky University, Eastern Kentucky University and Murray State University. At the time Andrea Anderson, who was then Title coordinator and now WKU\u2019s general counsel, told Ares that had six investigations that resulted in violations of the university\u2019s misconduct policy. Alexandra Hendricks Title policy Deborah Wilkins, WKU\u2019s Title coordinator who at the time of the Herald\u2019s 2016 request was general counsel, said Title discrimination includes sexual harassment and assault, domestic violence and stalking. Wilkins said this policy is not a complaint process, but is more of a services process. When WKU\u2019s Title office talks about an investigation, Wilkins said, investigators try to use neutral language. The person who filed the report is referred to as the complainant. The person accused in the report is called the respondent. \u201cWhen we get a report, the first thing we do, whether it\u2019s an employee or a student, is [ask] what can we do to assist this person?\u201d Wilkins said. \u201cWhat services can we do to help them get on track? Get comfortable? Respond to their needs?\u201d These services are about bringing back the sense of safety and security the complainant had before, Wilkins said. This might include changing a student\u2019s residence hall, prohibiting someone from entering a residence hall or getting the student from a class. The majority of reports the Title office receives come from a student about another student. These reports then involve employees in the Office of Student Conduct such as Michael Crowe, director, or Melanie Evans, coordinator. Other reports to the Title office involve employees, like the ones the Herald requested. The cases are handled by the Office of Equal Employment Opportunity/Affirmative Action/University Services, where Joshua Hayes is director, Title deputy/investigator and university coordinator. Hayes declined to be interviewed. After a complainant files a report and immediate services have been administered, Wilkins said, she is obligated under law to ask the person if they want to file a complaint and have their case formally investigated. Wilkins said they treat each report like it\u2019s going to be a complaint, but it\u2019s not their top priority. \u201cMy priority is to help them first,\u201d Wilkins said. Once a report is made to the Title office against an employee, Wilkins reaches out to the complainant to speak with them about the issue. Whether or not the complainant responds, Wilkins and Hayes begin an investigation into the complaint if it\u2019s about an employee, a new step as of August 2020. When Wilkins speaks with a complainant, she asks them if there were any witnesses they want the office to reach out to, which they will have the opportunity to add later. The complainant will be asked if they want an adviser to help them through the process. After the complainant has spoken with the Title office, Wilkins will offer them a copy of the transcript of their conversation to review and edit before officially adding it to the file. Simultaneously, Wilkins and Hayes then reach out to the director of the area of the university where the respondent worked, assuming the complaint is not against the director, and inform them that a complaint has been filed against one of their employees. They ask the director to make sure the parties are not in close contact or sharing responsibilities. Next, they interview the respond- ent against whom the report was filed to hear their version of events. They too are offered an adviser and asked for their list of witnesses. The respondent may say the opposite of what the student says and they are also allowed to review their statement. If there are videos, messages or emails that can be provided as evidence to the case, Wilkins said she and Hayes would also review those as a part of this process. Hayes and Wilkins then start talking to witnesses and having them review their statements for the investigation. This can take varying lengths of time, depending on the size of the department, how many witnesses there are and how fast they respond. Once the file is completed, it is shared with the complainant and respondent. They may have nothing to add to it. \u201cThen Josh and will determine, do we think there\u2019s a likelihood the policy has been violated?\u201d Wilkins said. \u201cIs there enough here to have a hearing?\u201d Another change since August 2020 is that if there is an employee involved in a complaint, there will be a hearing with an outside officer from the state Council on Postsecondary Education unless the allegation turns out to be entirely without foundation. Wilkins said an example would be if there was an allegation of an incident that happened on campus and the accused employee was proven to be in California at the time. During this process, an employee respondent can decide to resign or retire. If they do, then the investigation stops and that will be noted in the record. Wilkins said this stops with retirement or resignation because the university essentially loses jurisdiction. If the hearing officer decides the respondent has violated Title policy, the office issues a notice. Then the respondent\u2019s department head and the vice president of the division where the respondent works have 10 days to decide how they\u2019re going to address it and inform WKU\u2019s Title office, another new step as of August 2020 requires any employee who hears of sexual misconduct to report it to the Title office, even if it doesn\u2019t involve them or their work, but does not expect the person making such a report to verify that the incident actually occurred. \u201cBasically, what I\u2019m hammering on them is you don\u2019t have to investigate, you don\u2019t have to determine if it\u2019s true,\u201d Wilkins said. \u201cJust call us and we\u2019ll determine if it\u2019s true and you can go on your way.\u201d Alexandra Hendricks Title changes On Aug. 14, 2020, new federal Title regulations took effect. \u201cIn my mind, the biggest change was the fact that if it involves an employee, there is a hearing,\u201d Wilkins said. This means that with every Title report that comes in involving an employee, the office has to do a full investigation. \u201cIf there\u2019s evidence to show that it\u2019s more likely than not that a violation occurred, we will have a hearing,\u201d Wilkins said. Reports that only involve students can end or be resolved without a hearing. For each report involving an employee, the hearing officer for the case is a neutral person from the state Council on Postsecondary Education. This hearing officer will hear from the complainant, respondent, any witness and the investigators before deciding if the policy or policies in question were violated. Before August 2020, those matters were handled within the university. After the hearing officer makes a decision, the complainant or the respondent can appeal it and then a new hearing officer will make a new decision. However, no one else can appeal the decision. The respondent\u2019s supervisor is not allowed to disagree and ignore it. Wilkins said has not, as of yet, had an occasion that would need a hearing officer from the CPE. \u201cThe other thing that was part of the changes in federal law was that if you\u2019re an employee and you have an investigation pending against you, you can\u2019t resign or retire,\u201d Wilkins said. \u201cNo one can prevent an individual from quitting a job, but the new regulations require us to note on that employee\u2019s permanent records, employment records that they resigned or retired under an investigation.\u201d Before, there was no requirement for a former employer to disclose if the person under consideration for a job had left their previous position under a Title investigation. Potential new employers only knew of that if they asked. It is now required to disclose if someone left under investigation in a job recommendation. Wilkins said the people hiring the respondent do have to reach out to the university and ask about them, and if they do, their former supervisor must tell them about the investigation. If a student leaves under an investigation, that is also noted on their permanent record. Wilkins said if a student or an employee leaves the university loses jurisdiction over the process. \u201cWe can\u2019t force people who are no longer associated with us to come back and go through the processes,\u201d Wilkins said. From the case files the Herald received through open records requests, several of the cases appear to have ended because the employee left the university. Amid the Title policy changes, there is also now a requirement for the supervisors of the employee who is found to violate the policy to report back to the Title office in writing their decision on what to do within 10 days. \u201cWhen you\u2019re forced to look at objective decision making and make your own decision and sign your name to it, it makes it a little harder to excuse bad behavior,\u201d Wilkins said. The decision about consequences for the respondent goes to the super- visor and the vice president of their division because they are responsible for the people who report to them. Wilkins said they should be a part of this process. \u201cIt holds them accountable in two ways \u2014 one, accountable to address the bad behavior that\u2019s already happened, and it also makes them aware that they\u2019re also going to be held accountable for future bad behavior,\u201d Wilkins said. She said that in the past, supervisors have asked Title what they thought about the situation and asked for advice. At the level, Wilkins said some minor change to the Title policy should be going to the president\u2019s cabinet this week. This includes adding prevention of discrimination. Alexandra Hendricks 39 Files \u2013 the breakdown Out of 39 cases the Herald received, five files had male complainants, 31 files had female complainants, two files had complainants from two genders and one case file\u2019s complainant gender could not be determined. There were 36 case files with male respondents and 3 case files with female respondents. The records show that the university found violations of the Title policy in 12 of the 39 cases investigated did not redact the names of faculty or staff members who were found to have violated the policy in those instances. The files varied in size ranging from 15 pages to 293, totaling to 5,884 pages, varying based on the number of witnesses interviewed, evidence and who handled the case. \u201cThe only difference, and this is very innocent, is [that] you got two different people in charge,\u201d Wilkins said. \u201cJoshua Hayes is very detail oriented and he documents everything and keeps everything so that\u2019s why you\u2019ll see a whole lot more in his files.\u201d Before June 30, 2015, the Director of the Office of Equal Employment Opportunity and the Title coordinator was Huda Melky, who retired. The variance in the case files extends to how much is redacted. One example is in Case from the 2016 open records request, where words from WKU\u2019s own Discrimination and Harassment Policy from April 1, 2013, were redacted from the file the university turned over to the Herald. \u201cThis policy does not supersede or replace any grievance or complaint procedures contained in the [redacted] Handbook,\u201d the case file stated. There is another one word redaction in the \u201cMembers of the University Committee\u201d subsection and several one word redactions in the \u201cConsensual Relationship\u201d subsection. \u201cIt is impossible to understand why the university would redact part of a university policy that is otherwise publicly available,\u201d Abate said. \u201cThere is no good-faith basis for doing so.\u201d Alexandra Hendricks Cases to note Within the records the Herald received, most of the names of those faculty and staff investigated were redacted. However, 12 records where found violations occurred or likely occurred did include the employee names. One of the 39 cases, Case from the Herald\u2019s 2021 open records request, is a student employee vs. student employee Title and Title report and investigation. The events on this file revolve around two former student employees at the Herald during the 2019-20 year. The files consist of emails and handwritten notes and do not have any formal memos stating whether or not the respondent violated any policies. Investigators recommended that the person accused complete two training sessions, and that person was not hired back at the Herald. The Herald is disclosing this information about this case to hold itself to the same standard as WKU. Alexandra Hendricks Cases with violations Kenneth Johnson Case Kenneth Johnson, former assistant director of student activities, was investigated for violating the sexual misconduct policy in 2014 after a student filed a complaint of sexual harassment. In the complaint, the student said on several occasions that Johnson threatened to place a hold on her TopNet account to prevent her from registering for classes if she did not stop by his office to visit him and have dinner with him. The student said she initially thought Johnson had the authority to place a hold on her account, but later found out that he could not do that. Before learning that, she agreed to have dinner with him had knots in my stomach. It bothered me how he used his position as a form of manipulation,\u201d the student stated in the report. The student said she had seen other students experience similar occurrences with Johnson. In the investigation interviewed 24 witnesses. Some denied experiencing or witnessing any form of harassment. Other witnesses mentioned trying to avoid Johnson, hearing rumors about him dating or having \u201cflings\u201d with female students, saying Johnson was \u201cclose\u201d with female students. One witness said, \u201cIt was a running joke that if you wanted to get ahead, you would sleep with Kenneth.\u201d Another witness said Johnson would take her to lunch and dinner, one-on-one, approximately three times per week. He would pick her up at her home, and would play \u201cromantic\u201d music. Johnson had purchased alcohol for both of them at dinners. Based on the findings of the investigation, Johnson violated WKU\u2019s Standards of Conduct policy and Discrimination and Harassment policy in addition to Title of the Educational Amendments of 1972. The file does not indicate if Johnson retired or resigned, but he is no longer employed at WKU. Other violations found Case B, from the 2016 request, involved Colleen Donovan, an academic readiness instructor, who found had violated the university\u2019s discrimination and harassment policy, according to the investigation in May 2014 female student in her class filed a complaint because she notified Donovan that she would need to miss a few classes due to medical reasons. Donovan told her that she does not accept medical excuses, that no one could help her, and that according to her syllabus if a student is absent from three classes the student\u2019s grade drops to the next lower grade. Donovan was no longer employed at the university after May 2014. Case C, from the 2016 open records request, involved Timothy Mullin, former director of the Kentucky Museum and Library, who was investigated for violating the sexual misconduct policy and gender based discrimination after he made sexual comments towards others. The records include complaints that surfaced of him sexually harassing male students and belittling and berating the female employees he supervised. Mullin died in 2020. Case D, from the 2016 request, involved Steve Briggs, assistant director of Housing and Residence Life, who found had violated the university\u2019s sexual misconduct policy after an informal complaint filed by a female student on Nov. 12, 2014 university employee complained that Briggs rubbed her arm and poked her arm in the hallway, then approached her from behind and rested his hands on her hips. When she moved away, Briggs said, \u201cIt\u2019s just me.\u201d On Sep. 9, 2015, Briggs submitted a letter of resignation. Case E, from the 2021 open records request, involved Jim Hills, an events associate for WKU, who terminated on June 4, 2019, after the Title investigation regarding him concluded found that Hills would discuss inappropriate sexual matters with student workers. According to the document, Hills would compliment body parts, talk about women and stare in an uncomfortable way while setting up events with student workers, based on witness statements. Case F, from the 2021 request, involved Keith Clark, a senior academic advisor, who found had violated the sexual misconduct policy in 2018 after a complaint was filed on March 18. Clark had been sending Facebook messages to a University of Louisville employee from March 13- 17. He sent the employee a video of him \u201cspanking/paddling\u201d himself. He also sent her a photo of him bent over a stool, wearing an apron, spanking his bare bottom with a paddle. Clark resigned from the university. Case F, from the 2016 request, follows an investigation against Michael Kallstrom, a professor in the music department. On Sept. 3, 2015 began looking into a report from an- other faculty member who expressed concern about Kallstrom\u2019s interactions with a student. The student said she went with a friend to see Kallstrom, and while the friend turned to answer a phone call, Kallstrom put his hand on her thigh. The university found that Kallstrom violated the university policy. He retired shortly after. Case G, from the 2021 records request, investigated a complaint that was received on Jan. 31, 2018, about Bryan Carson, coordinator of research instruction, grants and assessment. The complaint was in response to recurring incidents after a complaint against Carson in 2011. Based on the record, Carson made female employees and students feel unsafe around him. On Feb. 28, 2018, Carson resigned and was listed as ineligible for rehire at WKU. He then went to work at Missouri Valley College. Case A, from the 2021 request, investigated Ron Mitchell, an associate professor at WKU. On Oct. 3, 2017, Lisa Schneider, assistant to Athletics Director Todd Stewart, called Joshua Hayes to tell him about an issue with Mitchell and a female student. According to the documents provided, Mitchell invited the student to his house for lunch. He picked her up from Diddle Arena, took her to a \u201cbig house,\u201d went to a restaurant and then went to a different house. At the second house, Mitchell massaged her legs, back and feet, and continuously told her to release. During the massage, he told her that her clothes were dirty and that she needed to change into clothes he had for her. She said no. The student said no to the massage when he reached her upper thigh. She said Mitchell unfastened her bra, according to the documents, even though she said no. In an in-person conversation with Schneider and the student, Hayes asked how the student remained calm, she typed the answer on her phone felt sick. But was scared so could not say no.\u201d Mitchell resigned from the university on Oct. 18, 2017. Case C, from the 2021 request, investigated a complaint filed by an anonymous employee against Tim Boyer, access control locksmith, to the Title office in November 2020. On Nov. 17 at 10:10 am, there was an incident that was recorded by surveillance mentioned in the emails. \u201cWhile [redacted] was searching the key file storage, Tim rolled across the workshop floor in his office chair and positioned himself behind her while she was seated on the roller stool. The shop video shows Tim straddled within inches of her back and torso leaning over her shoulder. [Redact- ed] said she could feel his upper body/chest touching her back. The encounter lasted approximately one minute.\u201d In an email from Deborah Wilkins, she said there were three issues she thought were important to the case: there is video evidence regarding the complaint, Boyer is an \u201cat will\u201d employee so he can be terminated at any point, and Boyer had no meaningful excuse for his behavior in the video found that Boyer violated the sex and gender-based harassment, discrimination and retaliation policy. He was immediately terminated. Case D, from the 2021 request, dealt with Muhammad Sajjad, visiting assistant professor in physics and astronomy, who was \u201cdiscontinued\u201d and ineligible for rehire because a violation of policy was found. According to the records, the student told Hayes that she was standing by Sajjad\u2019s desk in the classroom behind the computer, and Sajjad was standing beside her, and his genitals were hitting her outer thigh. She clarified that Sajjad rubbed his genitals against her thigh in a side to side movement. Hayes asked how long Sajjad rubbed himself against her. She said Sajjad rubbed himself against her the entire time she was alphabetizing the exams, which took about five minutes. Case E, from the 2016 request, investigated a complaint that was filed against Brent Fisk, visual and performing arts library senior circulation assistant. According to the complaint, Fisk left his Pinterest ac-count open showing naked \u2014 \u201cspecifically topless\u201d \u2014 women on March 25, 2014. The incident was considered inappropriate use of technology. Co-workers said they felt uncomfortable around him since they were the same age and \u201ctype\u201d of women in the images Fisk had been looking at. From the documents provided, it is not clear whether Fisk resigned or was terminated from the university, but he did not continue to work at after 2015. Alexandra Hendricks Cases with no violations The majority of the cases the Herald received were reports where no violation against university policies were determined. Cases and from the 2021 open records request had enough detail to be described thoroughly. Case On May 2, 2018, a student reached out to Peggy Crowe, director of the Counseling Center, about an email he had received from his Interdisciplinary Studies instructor that caused concern. The lead up to this email had been a conversation about planning a trip with the instructor and other students that the complainant would no longer be able to attend. Upon discovering the student could no longer attend the trip, the respondent sent an emotional response telling the complainant not to show up to the next class meeting he was supposed to attend as a peer mentor have a few days to deal with my loss and definitely do not want to fall apart in front of the class,\u201d the response from the employee in the file stated. From this interaction, the report and ensuing investigation revealed a long-time mentor-mentee relationship between the complainant and respondent. Instances involving heavily emotional conversations on the part of the respondent, multiple trips to conferences, a specific conversation involving bowties and Chippendale dancers and appearing in the complainant\u2019s personal life were discussed in the investigation. As the final email included in the file, the documents state that on Aug. 7, 2018, Hayes spoke to the respondent where he shared his findings and reminded him of three previously discussed points \u2014 encouraging the respondent to receive counseling, \u201cdiscouraging him from personal travel with students\u201d and having a separate room when traveling with students for work did not find a violation. Case On Sept. 17, 2018, a student reported a theater professor teaching Acting for the Camera whose name was redacted. The professor told the student, while she was undressed for a scene, that she could receive an \u201ceasy A.\u201d Other students urged her to report what happened due to a similar incident that occurred prior. In an interview with Hayes, the professor denied ever making the comment. The student was cast in a script written in a screenwriting class that one witness described as \u201cborderline pornographic.\u201d The student emailed the professor stating she was un- comfortable, to which the professor responded that they needed to talk further and that his \u201chands were tied.\u201d The student told a dance instructor who encouraged her to report the incident and said it was \u201cunacceptable.\u201d During the investigation, 15 witnesses were interviewed. One witness said that removing clothing for the \u201cfake porn\u201d scene was optional. Several witnesses mentioned not having any concerns about the professor, one referred to him as a \u201cfather figure.\u201d Other witnesses mentioned not feeling comfortable around him result of the investigation was a two-week period for students to decide if they are comfortable with their assigned script being added to the course syllabus. The professor was told to refrain from joking with students unless they have a \u201cmutual cohesive relationship.\u201d No violation of Title was found during this investigation. The investigation ended on Dec. 13, 2018. Herald staffers Michael J. Collins, Anna Leachman, Megan Fisher, Jacob Latimer, Shane Stryker, Jake Moore and Leo Bertucci contributed to this story. Digital News Editor Debra Murray can be reached at [email protected]. Follow her on Twitter @debramurrayy Editor-in-Chief Lily Burris can be reached at lily.burris203@topper. wku.edu. Follow her on Twitter @lily_burris."}
7,565	John Y. Simon	Southern Illinois University ‚Äì Carbondale	[ "7565_101.pdf", "7565_102.pdf", "7565_103.pdf", "7565_104.pdf", "7565_105.pdf" ]	{}
7,900	Augusto Paglialungo	West Virginia University	[ "7900_101.pdf", "7900_102.pdf", "7900_102.pdf", "7900_101.pdf" ]	{"7900_102.pdf": "Friday, March 21, 2025 State Court Federal Court Hot Topics State Supreme Court State Government Attorneys & Judges Campaigns & Elections Legal Roundup Directory Home \u00bb Stories \u00bb 2006 \u00bb July Opinion student claims sexual harassment against professor By John O'Brien Jul 28, 2006 West Virginia University student says a professor sexually harassed her by inappropriately touching her. Emily Lapisardi filed the lawsuit last week in Monongalia Circuit Court against the Board of Governors and Augusto Paglialungo. \"During the time that Plaintiff Lapisardi was a student of Defendant Paglialunga, (he) subjected her to sexual harassment and to a sexually hostile environment,\" the complaint says. She says she filed a complaint with the Office of Social Justice, which she says did not take any action against Paglialungo. She charges the defendants with sexual harassment, battery and intentional infliction of emotional distress. \"During the course of her education at West Virginia University, Defendant Paglialunga unlawfully touched the plaintiff, on more than one occasion, thereby committing the tort of battery,\" the lawsuit says. She is seeking punitive damages and court costs. Allan Karlin of Morgantown firm Allan Karlin and Associates is representing the plaintiff. Monongalia Circuit Court case number 06-C-458 1 Class action claims Buffalo Wild Wings didn't pay workers before abrupt closure 2 Hotel consulting company sues Glade Springs resort operator for nonpayment 3 State Senate passes bill to bring back partisan judicial elections 4 College tennis tournament gets $10K boost from Justice 5 Family court judges pay is an injustice We st Virg in ia Re cord a diso n Co unt y Re cord 2045 Gran d Ave Ch icago l linoi s 60 612 info@w v re cord.com Co ok Co unt y Re cord Flor id a Re cord e g a l Ne w slin e o ui sian a Re cord a d i so n - St. Cla i r Re cord Nor th er n a lifor n ia Re cord Pen n sylvan ia Re cord o uth ea st Tex a s Re cord o uth er n a lifor n ia Re cord St o ui s Re cord St ate Co ur t Fe d era l Co ur t Ho t To pic s St ate Suprem e Co ur t St ate over nm ent At tor n e ys & Judge s amp a ig n s le c t io n s Ne w sle t ters iOS Ap p Ab o ut Co nt a c t i re c tor y \u00a9 2025 Madison County Record Privacy Policy \| Terms of Service", "7900_101.pdf": "archive.today webpage capture Saved from no other snapshots from this url search 22 Mar 2025 04:02:10 All snapshots from host share download .zip report bug or abuse Buy me a coffee Webpage Screenshot 2025 49\u00b0 Clear Buy & Sell My Account Marketplace E-Edition Obituaries Newsletters Contests Marshall University News \| Wayne County News \| Putnam County News \| Ohio News Home / News News settles sexual harassment lawsuit Herald-Dispatch.com Apr 21, 2008 Updated Oct 17, 2015 SOURCE. Click here to stay informed and subscribe to Herald-Dispatch. Click #isupportlocal for more information on supporting our local journalists. Learn more about Media MORGANTOWN, W.Va. (AP) _ West Virginia University has settled a student's sexual harassment lawsuit against her voice teacher for $175,000. Documents filed with Monongalia County Circuit Court show the Board of Governors will pay the amount to student Emily Lapisardi. In turn, she withdrew her lawsuit Monday. Lapisardi claimed former voice teacher Augusto Paglialunga harassed her and subjected her to a sexually hostile environment. Her lawsuit said the Office of Social Justice failed to take any action against the teacher, as did the Board of Governors when made aware of the situation. Paglialunga, a voice professor in the College of Creative Arts, was artist-in- residence last year, according to WVU's Web site. His voice mail was still working Monday, but school spokeswoman Amy Neil said he is no longer on the faculty. Under the settlement, neither he nor the board admits any wrongdoing. Sat, Mar 22 @11:00pm The Lee Street Lounge Drag Show Lee Street Lounge Special Sections Events Calendar Sat, Apr 05 @12:00pm Sponsored Meeting - Kanawha Valley Chapter, Daughters of the American Revolution Kanawha Library Search... 0% 10% 20% 30% 40% Welcome to the discussion. Keep it Clean. Please avoid obscene, vulgar, lewd, racist or sexually-oriented language LOCK. Don't Threaten. Threats of harming another person will not be tolerated. Be Truthful. Don't knowingly lie about anyone or anything. Be Nice. No racism, sexism or any sort of -ism that is degrading to another person. Be Proactive. Use the 'Report' link on each comment to let us know of abusive posts. Share with Us. We'd love to hear eyewitness accounts, the history behind an article. Recommended for you Neither Paglialunga nor the attorney for immediately responded to telephone messages Monday BEAT: Huntington chamber 'After Hours' event open to public 'Us & Them' podcast host returns to for a live recording with students about election Career fairs for students at Marshall to showcase job options Several regional schools receive potential online threats, concerns of safety See All Events Add Your Event 347 Braley Rd Huntington 25705 Phone: 304-526-4002 Email: [email protected] Follow Us Services Contact Us Rack Locations Search Advertising Information Subscribe Customer Service Classifieds Newsletters Public Notices Sections News Sports Features/Entertainment Business Opinion Obituaries Multimedia Events Calendar e-Edition Digital Archives +3 Search... Search 50% 60% 70% 80% 90% \u00a9 Copyright 2025 Media Company 347 Braley Rd, Huntington \| Terms of Use \| Privacy Policy Powered by Content Management System from Digital. 100%"}
8,193	Sunggyu Lee	Ohio University	[ "8193_101.pdf", "8193_102.pdf", "8193_101.pdf", "8193_102.pdf" ]	{"8193_101.pdf": "misconduct/article_d8d74a2c-2271-11e9-89bf-57a0823625fb.html New details emerge in case of prof's alleged misconduct Title investigator alleges there was a toxic, retaliatory environment in professor's lab By Conor Morris Jan 27, 2019 Dr. Sunggyu Lee. Photo from the Russ College of Engineering and Technology. As an Ohio University professor accused of sexual misconduct and retaliation against students continues to go through OU\u2019s disciplinary consideration process, more details have come to light about the university\u2019s case against him President Duane Nellis also last Tuesday denied an appeal filed by that professor, Sunggyu Lee, in OU\u2019s Chemical and Biomolecular Engineering Department. Lee had appealed a decision by a University Professional Ethics Committee (UPEC) that found in a Nov. 9 report that the university has \u201cadequate cause\u201d to initiate loss of tenure and dismissal proceedings (meaning Lee can be fired). The reported in early December that a university Title investigation, through a preponderance of evidence standard, had substantiated three students\u2019 claims of misconduct against Lee, who is the Russ Ohio Research Scholar in Coal Syngas Utilization. That investigation, conducted by OU\u2019s Office for Equity and Civil Rights Compliance, found that Lee violated the university policy in multiple areas. The was provided a copy of the Memorandum of Findings in that case by a university source previously has refused to provide this report, citing federal protections for student confidentiality. According to that report, the university\u2019s office interviewed three total student complainants, and substantiated most of their claims. Specifically: \u2022 One student\u2019s claims of harassment and retaliatory harassment were substantiated by university investigator Sara L. Trower. The student\u2019s claims of sexual harassment by hostile environment were not substantiated, however. \u2022 Another student\u2019s claims of non-consensual sexual conduct were substantiated, as were her claims of sexual harassment by hostile environment third student\u2019s claims of sexual harassment by hostile environment were also substantiated ATTORNEY, Julie Davis, of Columbus law firm James E. Arnold and Associates, LPA, has denied all of the allegations. He said in a statement issued last Tuesday that he believes investigator Trower erroneously reached the conclusions she made in her report look forward to working with my department regarding my serious concerns that the limited and erroneous findings of former investigator Sara Trower were not properly reached, and that the university process for reviewing her report has not been appropriately followed,\u201d Lee wrote have been falsely accused have never in my long and distinguished career been accused of inappropriate touching of students, and it did not happen. \u201cMs. Trower decided to ignore the students who told her this, did not interview others who would have told her that, and did not consider evidence that these students took advantage of the current fear of sexual misconduct claims and made false accusations against a professor to benefit themselves,\u201d he continued. Lee added, \u201cThe environment in my lab is not hostile \u2013 on the contrary have supported the academic work and careers of many fine women and men from around the world in my labs and they can attest to that have confidence that my colleagues at Ohio University will render a fair and responsible decision as to my actions and accomplishments with our students generally, and that will be vindicated.\u201d The also learned last week that President Nellis also denied the appeal of journalism professor Yusuf Kalyango on similar grounds to his denial of Lee\u2019s appeal. In the appeal denial letters to the two professors, Nellis wrote \u201cThe grounds for appeal of a recommendation are limited to failure to follow appropriate procedures or arbitrary and capricious decision-making. With this standard in mind have decided that there is sufficient cause to initiate loss of tenure proceedings\u2026\u201d Now, each of these professor\u2019s departments or schools are responsible for considering what discipline they could face. That process is confusing, so we\u2019ll explain that in more detail below 83 memorandum of findings made available to The in Lee\u2019s case (which was completed on Aug. 3, 2018) investigator Trower said that the investigation was initiated after a male graduate student alleged that Lee was engaged in \u201csexual misconduct\u201d with female graduate students, and treated female students differently than male students. \u201c(Complainant 1) told the investigator that (Lee) takes students, primarily the female students, with him to coffee and lunch at nearby restaurants and spends a significant amount of time away from the laboratory on these outings,\u201d Trower wrote. That student became the first of three complainants in the case. In total, Trower interviewed the complainants, 13 witnesses and Lee, and conducted a review of multiple documents submitted by each of those groups of people. In that review, Trower found it more likely than not that Lee did the following things: \u2022 Lee would request and receive massages from female students, based on multiple student witnesses\u2019 reports that he would do so, although Lee denied that allegation. Trower found that this constituted \u201charassment\u201d under policies. \u2022 Lee would request and receive hugs from female students in his lab \u201cregularly,\u201d and would request to hold their hands \u201cregularly\u201d (Lee also denied that allegation). In some of the instances of hugging, it would be accompanied by some physical action, with three students reporting that he kissed them on the cheek. Still, Trower did note that these female students said they did not perceive these actions as being \u201csexual in nature,\u201d so this was not considered sexual harassment under policy, although it was considered \u201charassment\u201d by Trower. \u2022 Lee allegedly put his hands inside a female student\u2019s shirt on the bare skin of her back when he hugged her. He also allegedly put his hands on several students\u2019 knees. \u2022 On one occasion, Complainant 2 reported that Lee grabbed her buttocks while hugging and kissing her, and on another occasion hugged her so closely and tightly that \u201chis groin was against her body,\u201d and that she could feel his erection against her (Lee denied both of these allegations). She also charged that Lee kissed her on the neck while hugging her on a few occasions (Lee denied this as well). \u201cThe stress and anxiety was so great that she sought medical attention to deal with it, and she also chose to change her academic program from a Ph.D. program to a master\u2019s degree program so she could complete her degree more quickly and get out of respondent\u2019s lab,\u201d Trower reported. \u2022 Lee allegedly regularly hugged and kissed Complainant 3 on the cheek, and on one occasion, put his hands on her rib cage and said \u2018oh, I\u2019m going to dangerous territory\u2019 as his hands approached her breasts. He additionally was accused of hugging the student and kissing her on the neck and on the shoulder after trying to kiss her on the cheek on one occasion, Trower said. (Lee denied both these allegations.) Moreover, Trower found that Lee allegedly created a substantially hostile environment in his lab by capriciously favoring those who were on his good side, and completely ignoring or treating poorly those who weren\u2019t. \u201cThe students\u2019 statements that the investigator found credible report an environment in which every student repeatedly observed how very negatively respondent treated those with whom he became displeased \u2013 yelling at them, giving them the silent treatment, ignoring them for extended periods, and speaking badly about them to others,\u201d Trower wrote. Trower noted multiple instances of this allegedly happening in Lee\u2019s lab, including one occasion when Lee allegedly requested that an email exchange with Complainant 1 be placed in the student\u2019s official student folder in the department in which the student asked for a raise asserted that the students were either in poor academic standing or were otherwise disgruntled with him, and were engaging in a coordinated campaign to get him fired. He even alleged that one of the students (Complainant 2) cheated on her exams at one point with another student, although Trower obtained copies of the exam in question and found that the two students\u2019 work was \u201csubstantially different\u201d \u201cRespondent asserted that Complainant 3 is the pawn of a cabal of disgruntled students by whom she has been \u2018coached\u2019 and agreed to support in their fabricated allegations of respondent\u2019s misconduct,\u201d Trower explained. Trower said she did not find that allegation to be credible. The Ethics Committee formed to consider the allegations against Lee found that Trower\u2019s investigation was thorough, and they affirmed the conclusions she reached. \u201cHis sexual advances toward his female students and his non-sexual, but retaliatory, behavior created an environment where students believed that saying no was not an option, and that doing so would lead to negative consequences,\u201d the group wrote. \u201cThis is especially disturbing because many of the students working in his lab were international students, who had their funding and visas tied to performing satisfactorily in his lab.\u201d After that finding and President Nellis\u2019 denial of Lee\u2019s appeal, Lee now faces another long process to consider what discipline he should receive. Here\u2019s how it will go, according to OU\u2019s Faculty Handbook: \u2022 Lee\u2019s department chair will discuss the matter with him/her in a personal conference. \u201cThe matter may be settled by mutual consent at this point. If an agreement cannot be reached, the following procedure shall be observed: the chair will consult with the members of (Lee\u2019s) department and prepare, with the advice of the departmental promotion and tenure committee, a recommendation to be forwarded in writing to the dean of (Lee\u2019s) college.\u201d \u2022 \u201cThe dean normally will then consult jointly with the faculty member and chair: if the dean decides to recommend suspension from duty or dismissal, he/she will submit his/her recommendation in writing to the Provost, who will undertake to investigate and arbitrate the difficulty. If a settlement cannot be arrived at in this manner, the President shall be so informed, and may, at (his) discretion, initiate dismissal proceedings.\u201d \u2022 \u201cFormal dismissal proceedings shall be commenced by a written statement from the president to the faculty member concerning the grounds for dismissal, specified with reasonable particularity. The faculty member shall be further informed that if he/she so requests, a hearing to determine whether he/she should be removed from his/her position on the grounds stated will be conducted by a faculty committee at a specified time and place. The faculty member will have thirty (30) days to notify the president in writing if he/she wants a hearing, and if a written request is made, in setting the date of the hearing, the faculty member will be allowed 60 days in which to prepare his/her defense\u2026\u201d \u2022 \u201cThe committee shall make explicit findings with respect to each of the grounds of removal as presented. The president should transmit to the Trustees the full transcription of the hearing and the committee's decision for their automatic review\u2026. The decision of the hearing committee should either be sustained or returned to the committee with objections specified.\u201d", "8193_102.pdf": "( Valley Reality ( Take Back the Night Students speak out against Sexual Misconduct 4, 2019 (HTTPS://VALLEYREALITY.ORG/AUTHOR/KG318814 (HTTPS://VALLEYREALITY.ORG/TAKE-BACK-THE-NIGHT-OU-STUDENTS-SPEAK-OUT-AGAINST-SEXUAL- MISCONDUCT/#RESPOND) Blogs In the advent of recent events regarding sexual misconduct on Ohio University\u2019s campus this school year, this Thursday\u2019s Take Back the Night event ( center/take-back-night) is more prominent than ever. On April 4t, at 6 p.m., students will gather in Baker Ballroom to provide resources, educational opportunities, and exhibits that promote a safe environment for all women across campus. Starting at 7 p.m. there will be six speakers who will be discussing their personal experiences when it comes to sexual assault has made national headlines this year with over a dozen reported sexual assaults since the start of the Fall semester. Matters escalated when three professors were accused of sexual harassment. This would lead to settling the case of Andrew Escobedo and his resignation from the University. As well as the ongoing investigations of Dr. Sunggyu Lee ( details-emerge-in-case-of-ou-prof-s-alleged/article_d8d74a2c-2271-11e9-89bf- 57a0823625fb.html) and Yusuf Kalyango ( ohio-university-scripps). \u2190 Anita Hill Speaks at Ohio University on Sexual Harassment ( ohio-university-on-sexual-harassment/) Lancaster Chef Tests New Experiments Each Week \u2192 ( chef-tests-new-experiments-each-week/) Recently, Anita Hill, tenured professor at Brandeis University, spoke on campus expressing her beliefs about ongoing issues on campus and her stance on sexual harassment in the workplace. Hill is known for her public allegations against Supreme Court Justice Clarence Thomas in the early 1990s. She has recently come back on to the national stage after the Brett Kavanaugh confirmation hearings regarding his alleged sexual misconduct. One thing is for certain students are taking action ( news/ohio-university-students-rally-against-sexual-assault-amid-spate-rape-n913551) into their own hands in demanding responsibility and accountability. There have been multiple marches on campus, public speaking events, and educational opportunities to inform the Athens community on the importance of this issue. This event will be yet another opportunity for people to lift their voices against these evil actions taking place on our campus. Photo by: Keagan Giordano IN: 2019 (HTTPS://VALLEYREALITY.ORG/CATEGORY/ARCHIVES/2019 (HTTPS://VALLEYREALITY.ORG/TAG/SEXUAL-ASSAULT/) Leave a Reply Your email address will not be published. Required fields are marked * Comment * Name * Email * Website This site uses Akismet to reduce spam. Learn how your comment data is processed ( Twitter Feed Posts from @Valley_Reality Nothing to see here - yet When they post, their posts will show up here. View on Instagram Feed The Athens County cherry blossoms and their connection beyond the community ( 18, 2022 New and renovated buildings on Ohio University\u2019s campus ( renovated-buildings-on-ohio-universitys-campus 15, 2022 Liz, Malaya, Zoe: Nelsonville Music Festival Podcast ( nelsonville-music-festival-podcast 15, 2022 Follow \ue93a Our Recent Posts Protected: Jour pros podcast: racist allegations at Ohio University ( pros-podcast-racist-allegations-at-ohio-university 14, 2022 Mask Mandate Changes at ( 13, 2022 \uf09a ( \uf099 ( \uf16d ( [email protected] (mailto:[email protected]) 740-597-3084 Contact Us ( Copyright \u00a9 2025 Valley Reality"}
8,868	Paul Pavlich	Southern Oregon University	[ "8868_101.pdf", "8868_102.pdf", "8868_103.pdf", "8868_104.pdf", "8868_102.pdf", "8868_103.pdf", "8868_102.pdf", "8868_103.pdf" ]	{"8868_102.pdf": "addresses stalking plea by former professor Mail Tribune, Medford, Ore. May 19, 2022 May 19\u2014In response to a renowned retired Southern Oregon University professor's recent conviction for stalking a former student, the Ashland institution said it has removed the faculty member's name from an award and will continue to help the victim. Joe Mosley, director of community and media relations, conveyed the university's position in an email to the newspaper on Monday \u2014 about a week after Paul Pavlich appeared in Jackson County Circuit Court to plead guilty to a misdemeanor charge of stalking. \"The university continues to gather whatever information may be available,\" Mosley wrote in an email. \"Our focus in any situation such as this is to provide all the assistance we can to the victim or victims, and to take whatever steps we can to prevent future incidents.\" Asked whether gathering more information on Pavlich meant the school was formally investigating the improper relationship he had with the victim, Mosley said \"we're not legally allowed\" to talk about personnel issues. \"We can't talk about what's being investigated, what's not being investigated,\" he said. \"We're looking at all information that we can gather.\" Mosley could not elaborate about how intends to help the former student, because such resource programs are by nature anonymous TRIBUNE, MEDFORD, ORE. 3/15/25, 1:21 addresses stalking plea by former professor 1/8 Mosley echoed a statement issued earlier by Susan Walsh, SOU's provost and vice president for academic affairs, who called the charges against Pavlich a \"very serious matter for the university and our students.\" Dustin Walcher, professor of history and political science, said the award formerly named after Pavlich, who taught at from 1984 to 2019, was not renamed and instead now simply recognizes an \"Outstanding Graduate in Political Science.\" Court documents detailing the case and a victim impact statement are sealed, but now that the case is over, the prosecuting attorney on the case confirmed Pavlich's victim was a former student. For privacy and safety concerns, the Mail Tribune opted not to use that person's name. Pavlich and the student engaged in an affair in 2020 and 2021, when neither were associated with SOU, according to prosecutors. Once the affair ended in the summer of 2021, records show Pavlich retaliated the following fall and winter, sending her dozens of emails she did not return; breaking into her home to steal items; and then trespassing to humiliate her at an Ashland-based business, where she worked. As terms of a plea deal, charges that included a felony burglary charge and misdemeanor counts of theft, criminal mischief and criminal trespass were dropped against Pavlich in exchange for the guilty plea on the stalking charge. Under Oregon law, stalking is a Class misdemeanor. According to the May 12 judgment, Pavlich agreed to report to the county supervisory authority on June 7 and was sentenced to 20 days in jail, 18 months of bench probation. He also had to surrender any firearms; pay a $100 fine and some restitution; and have no contact with the victim, that person's property or workplace. 3/15/25, 1:21 addresses stalking plea by former professor 2/8 In his email, Mosley said \"does everything in its power to ensure that faculty maintain professional relationships with students,\" since a power imbalance exists between them. That is one of the reasons why The Conflict of Interests Specific to Consensual Relationships policy exists, he wrote. The policy was approved in early 2006, but can be revised at any time. Mosley wrote that anyone who is concerned a potential violation of the policy may have occurred can reach out to SOU's Office of Equity Grievance. He went on to write that, in addition to the consensual relationships policy requires that all employees must complete a sexual harassment training every two years. \"Our conflict of interest policy is very clear, and our mandatory training program is robust and frequently updated,\" Mosley wrote in an email. Reach reporter Kevin Opsahl at 541-776-4476 or [email protected]. Follow him on Twitter @KevJourno. 3/15/25, 1:21 addresses stalking plea by former professor 3/8 Related articles 3/15/25, 1:21 addresses stalking plea by former professor 4/8 3/15/25, 1:21 addresses stalking plea by former professor 5/8 Related articles 3/15/25, 1:21 addresses stalking plea by former professor 6/8 Related articles 3/15/25, 1:21 addresses stalking plea by former professor 7/8 3/15/25, 1:21 addresses stalking plea by former professor 8/8", "8868_103.pdf": "process/article_3f909f6c-0165-11e9-938b-a77c240abfcc.html Provost: Prof\u2019s dept. should start detenure process Title probe looked into students\u2019 allegations of harassment, other charges By Conor Morris Dec 16, 2018 Dr. Sunggyu Lee. Photo from the Russ College of Engineering and Technology. Ohio University Provost Chaden Djalali in a letter to professor Sunggyu Lee informed him on Dec. 10 that he has recommended Lee\u2019s department at begin detenuring and dismissal proceedings against him, after a university Title investigation substantiated three students\u2019 claims of misconduct against the professor. That investigation found that Sunggyu Lee, the Russ Ohio Research Scholar in Coal Syngas Utilization in OU\u2019s Chemical and Biomolecular Engineering Department, more likely than not violated university policies relating to harassment, retaliation 3/15/25, 1:21 Provost: Prof\u2019s dept. should start detenure process \| Campus News \| athensnews.com 1/4 and retaliatory harassment with regard to three students. That investigation \u2013 conducted by OU\u2019s Office for Equity and Civil Rights Compliance \u2013 also found that two of the three students\u2019 claims of sexual harassment by hostile environment were \u201cunsubstantiated.\u201d Lee, through Columbus attorney Julie Davis, said over the weekend he believes he has been \u201cfalsely accused.\u201d \u201cIn my long and distinguished career at Ohio University and several other institutions have been dedicated to support the work of my students, and never been accused of any misconduct,\u201d Lee wrote in an email Saturday. \u201cThere are many Ohio University students and graduates who stand by me, but the university\u2019s Investigator Sara Trower\u2026 conducted a one-sided, biased investigation and made limited and erroneous findings in favor of three disgruntled students.\u201d Because of a seemingly new university policy that prevents the release of its Title reports of investigation, further details on the investigation into the alleged misconduct by Lee are unavailable. (See companion story on page 1 and below.) Barbara Nalazek, deputy legal counsel for the university, said in a Dec. 10 email that the university could not provide the office\u2019s \u201cMemorandum of Findings\u201d investigation report into Lee or other professors\u2019 cases, citing federal protections for student information (she did add that the Memorandum of Findings in Lee\u2019s case was published on Aug. 3 of this year). Nalazek said that she was only in a position to provide \u201cnames of respondents and the outcome of ECRC\u2019s review of the allegations filed against each respondent.\u201d In Lee\u2019s case, the university released the following information: \u201cDr. (Sunggyu Lee was accused by two students of behavior that violated Policy 03.004, sexual harassment by hostile environment, and Policy 40.001, harassment,\u201d Nalazek said third student accused Dr. Lee of retaliation in violation of Policy 40.001 and retaliatory harassment in violation of Policy 03.004. After an investigation substantiated the claims of harassment, retaliation, and retaliatory harassment found the sexual harassment by hostile environment claims to be unsubstantiated. His case was referred to the UPEC.\u201d 3/15/25, 1:21 Provost: Prof\u2019s dept. should start detenure process \| Campus News \| athensnews.com 2/4 professional ethics committee at \u2013 is a group of professors who, per university policy, is charged with considering the level of discipline that a professor accused of misconduct should be given, if any. In Lee\u2019s case, that group found that the university should consider discipline up to detenuring and dismissal, although again, the university declined to provide the report, citing FERPA. The university did provide Djalali\u2019s letter to Lee, dated Dec. 10, which explains that he, the provost, had accepted the group\u2019s finding that was issued on Nov. 12 accept the UPEC\u2019s determination that your conduct presents adequate cause to recommend that your department initiate loss of tenure and/or dismissal proceedings,\u201d Djalali said. \u201cTherefore am forwarding the UPEC\u2019s report to your academic department for further consideration.\u201d Lee said that he believes the student accusers in his case took advantage of \u201cthe university administration\u2019s fear of sexual-misconduct claims\u201d and made false accusations to \u201cbenefit themselves believe that the university Committee did not do its job and that the university process will properly conclude that should not be dismissed,\u201d Lee said. Without the university\u2019s report of investigation into Lee\u2019s alleged misconduct, it\u2019s not clear what the students even reported to OU\u2019s office with regard to Lee; what witnesses were interviewed and evidence was considered; how long the investigation lasted; or even when the alleged misconduct occurred. In previous situations like this, including the prominent case of former English professor Andrew Escobedo who left the university as the university was set to consider firing him, the university did provide The with record of the memorandum of findings from the ECRC/Title investigation, with student names redacted. The next step in this process likely will occur when Lee appeals the provost\u2019s recommendation to Faculty Senate\u2019s professional relations committee, which will make a recommendation to President Duane Nellis on discipline for Lee. Then Nellis will make the final decision, which can be appealed. 3/15/25, 1:21 Provost: Prof\u2019s dept. should start detenure process \| Campus News \| athensnews.com 3/4 3/15/25, 1:21 Provost: Prof\u2019s dept. should start detenure process \| Campus News \| athensnews.com 4/4"}
7,265	Lawrence Krauss	Case Western Reserve University	[ "7265_101.pdf", "7265_102.pdf", "7265_103.pdf", "7265_104.pdf", "7265_105.pdf", "7265_106.pdf" ]	{}
7,681	Hector Perla	University of California ‚Äì Santa Cruz	[ "7681_101.pdf", "7681_102.pdf", "7681_101.pdf", "7681_102.pdf" ]	{"7681_101.pdf": "CRUZ, Calif. (By GATE) \u2014 Ex Santa Cruz student speaks out on rape case Updated: 4:50 Mar 1, 2017 Infinite Scroll Enabled The University of California will pay $1.15 million to a former Santa Cruz student to settle her claim that a professor raped her when she was his student in 2015, and that campus officials knew the man had a history of pursuing students but did nothing to stop him. According to the claim, another student who worked at Santa Cruz was involved in the assault against the former student, Luz Portillo Failing to address harassment allegations can cost employers Santa Cruz settles rape case for $1.15 million, attorneys say Portillo's attorneys said the settlement may be the largest awarded to an individual in a campus sexual assault case. Portillo, now 24, said she wants to go public because she would have liked to know when she was assaulted that she was not alone. Watch on Demand \uf10c \uf0e0 \uf13159 There are currently 2 active weather alerts \uf102 1 / 2 \uf104 \uf04c University of California, Santa Cruz University of California, Santa Cruz \uf036 \u201cSexual assault has been a very common theme in higher education, and it should not be happening,\u201d Portillo said. \u201cIf me coming forward helps any other victim, that\u2019s the best thing could have done.\" Portillo, who was 21 when she was assaulted, said the impact \u201cis spread across all aspects of my life \u2014 not only academically, but personally. I\u2019m still working very hard to overcome it. It\u2019s been a very, very trying time.\u201d Recommended Rain and thunderstorms expected across Central Coast Portillo\u2019s complaint says that in May 2015, she was wrapping up the last two classes of her major in Latin American and Latino Studies and preparing to graduate. The professor teaching the classes, Hector Perla, held one of them at Woodstock\u2019s Pizza in downtown Santa Cruz, and after he and the students \u201cconsumed several beers,\u201d according to the complaint, he invited Portillo and another student who was employed by the campus to go with him to the Loma Prieta Winery in the Santa Cruz Mountains on June 13. \u201cWhile at the wine-tasting event (the professor) encouraged (Portillo) to consume large quantities or wine, causing her to become severely intoxicated and lose her memory,\u201d according to the complaint. The three then went to the home of the student-employee, \u201cwhere they supplied (Portillo) with more wine,\u201d says the complaint. The two employees then \u201cengaged in non-consensual sex acts\u201d with the student who was drunk and not fully conscious. Her attorney, John Kristensen of Los Angeles, said Portillo woke up naked and aware that she had been raped. It was graduation day was in the hospital and missed graduation,\u201d Portillo said, adding that the assistant professor went to the graduation and served as master of ceremonies for the Chicano-Latino ceremony. But Portillo also immediately reported what happened to the campus office that handles violations of Title IX, the federal law that prohibits sex discrimination and harassment on campuses that receive federal funding. And she reported it to police. Officials at the office of system-wide President Janet Napolitano declined to comment, referring questions to Santa Cruz but said the settlement would be paid through a university-wide insurance program Santa Cruz officials declined to answer questions, referring a reporter to a statement posted on the campus website Tuesday by Chancellor George Blumenthal. The statement addressed what happened with the faculty member, not the student worker. \u201cAs soon as these allegations were reported, the campus acted swiftly to address the victim\u2019s claims, which appeared to be clear violations of the Santa Cruz policy on sexual violence and sexual harassment,\u201d the statement said. Blumenthal and Lee said the campus cooperated with police and placed the faculty member on leave during the campus Title investigation. The faculty member resigned June 1 as disciplinary proceedings began. Portillo sees things differently \u201cThis happened to me on June 13 (2015), and the professor wasn\u2019t removed until August,\u201d she said. \u201cIt was not immediate at all \u2014 and there was always some reason why it was delayed.\u201d The professor could not be reached for comment. As for the student-employee, Portillo said she doesn\u2019t know what happened to her, except that was always afraid that might run into her on campus.\u201d The Santa Cruz County district attorney never pressed charges against either employee, said Kristensen, Portillo\u2019s attorney. He said his own investigation revealed that the assistant professor had intimate relationships with two other students policies prohibit employees from having personal relationships with students and others they supervise. Kilauea \ufeffvolcano puts on dazzling show with lava fountains hundreds of feet high in latest episode VIDEO: Driver narrowly avoid being struck by lightning on highway What to know about early Big Spring Sale deals on spring cleaning essentials From treetop to creekside, this duck family\u2019s journey is the cutest adventure you\u2019ll see today \uf09a \uf099 \uf16a Contact Us News Team Apps & Social Email Alerts Careers Internships Advertise with Advertise with Estrella 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, Monterey Hearst Television Inc. on behalf of KSBW-TV. Privacy Notice Notice at Collection Your Privacy Rights/Shine the Light Industry Opt-Out Terms of Use Site Map Your Privacy Choices/(Opt-Out of Sale/Targeted Ads)", "7681_102.pdf": "View Comments University Awards Student One Of The Largest Rape Settlements Ever The University of California has agreed to pay Luz Portillo $1.15 million after she alleged that her professor raped her one day before graduation. Brianna Sacks BuzzFeed News Reporter Updated on January 31, 2017 at 11:14 pm Posted on January 31, 2017 at 7:11 pm Subscribe to BuzzFeed Daily Newsletter Santa Cruz Luz Portillo was supposed to be at graduation, celebrating her second major at the University of California, Santa Cruz. Instead, she was in the hospital. The day before, Portillo says, she was raped by one of her professors who had a history of inappropriately pursuing students, but the school never intervened. \"He MC'd our graduation ceremony the next day, which didn't make,\" she told BuzzFeed News. \"It was surreal.\" On Tuesday, her attorneys announced that the University of California had agreed to pay $1.15 million to settle before a civil lawsuit or criminal charges were filed, making it one of the largest Title settlements in history and the latest in an ongoing national conversation about how universities handle sexual assault. Portillo's claim stated that Hector Perla Jr., an assistant Latin American studies professor, took her and another student wine-tasting at Loma Prieta Winery on June 13, 2015, \"under the pretext of celebrating their graduation\" and finishing their senior research. \u201cWhile at the wine-tasting event, Perla encouraged [Portillo] to consume large quantities or wine, causing her to become severely intoxicated and lose her memory,\" the complaint states. The three then went to the student-employee's home, \u201cwhere they supplied Claimant with more wine. The two employees then \u201cengaged in non consensual sex acts with Portillo, who was severely intoxicated to the point she was not fully conscious.\" After reporting the rape to her school, Portillo said the university began to show a bias toward Perla and \"minimized what happened had to become my biggest advocate didn't want to go unnoticed,\" she said received very little help from my university, but drew strength from other women at other schools who went public with their sexual assault.\" Portillo said Perla was known for inviting students out for beers, had one time \"moved the class to a bar,\" and allegedly dated other students. Luz Portillo via Luz Portillo \"Like many other higher institutions looked the other way when it became aware [Perla] was hunting undergraduates,\" Portillo's attorney, John Kristensen, said, adding that the school \"deliberately ignored\" claims of sexual harassment by faculty. \"There was no investigation and no attempt to protect subsequent students from [Perla],\" he added Santa Cruz is one of more than 200 colleges and universities under federal investigation for how they handle sexual assault. An international firestorm was ignited last year after a former Stanford student, Brock Turner, was given a much-criticized six- month jail sentence for sexually assaulting an unconscious woman on campus. Years earlier, the University of Colorado at Boulder found itself at the center of controversy after a female student alleged that a group of football players and team recruits raped her at a friend's off-campus apartment. The school eventually settled that case for $2.5 million. \"This case is emblematic of the crisis of sexual assault on female students at our nation's institutions of higher learning,\" Kristensen said. In a message to the campus community on Tuesday, university officials said they had acted swiftly in response to the allegations and immediately put Perla on leave, and, after an extensive investigation, he submitted his resignation on June 1. \"The allegations were investigated in confidence, because our campus process respects the rights and privacy of all parties, but we investigated the victim\u2019s claims as soon as she came forward,\" Chancellor George Blumenthal and Interim Campus Provost/Executive Vice Chancellor Herbert Lee said in a joint statement. Santa Cruz has experienced a spike in sexual assault reports and expanded and poured more funding into its Title office last summer, around the time Portillo filed her case, according to a university statement. From 2015 to 2016, the office received 233 reports and opened 46 formal investigations, up from 181 reports and 22 investigations the previous school year. Brianna Sacks BuzzFeed News Reporter Comments The school's Title officer, Tracey Tsugawa, attributed the increase more to increased awareness than an actual rise in the number of incidents. Even though more students are reporting campus sexual assault, Portillo said schools still shelter professors and allow them to resign without tarnishing their record. Blumenthal and Lee said in their statement that university officials launch \"immediate inquiries and take formal disciplinary action when warranted,\" and had avoided public comment on the case to protect student privacy was hesitant about putting my name out there,\" Portillo said, but she eventually decided that \"she had to.\" \"It allowed me to reclaim what happened to me,\" she said wasn't going to be another anonymous person.\" Portillo, now 24, is currently studying to get into law school, something she had shelved after her alleged assault. The process, she said, has \"been hard, but empowering don't want to allow myself to be victimized again,\" Portillo said. \"I'm now in control of my life.\" Former Students Say Stanford Tried To Buy Its Way Out Of Title Investigations buzzfeed.com a brand. \u00a9 2025 BuzzFeed, Inc Press Privacy Consent Preferences User Terms Accessibility Statement Ad Choices Help Contact Sitemap Share your thoughts Be One of the First to Comment"}
8,454	Paul Burdick	Portland Community College	[ "8454_101.pdf", "8454_102.pdf", "8454_103.pdf", "8454_101.pdf", "8454_102.pdf", "8454_103.pdf" ]	{"8454_101.pdf": "PORTLAND, Ore Portland Community College driving instructor, accused by nearly two dozen girls or women of sexually abusing them during lessons, was sentenced Feb. 20 to six months in jail, the Washington County District Attorney\u2019s Office said. Paul Douglas Burdick, 48, pleaded guilty to six counts of misdemeanor third-degree sex abuse in January, court records show. He had faced another 15 counts of sex abuse, which prosecutors later dismissed, The Oregonian/OregonLive reported. Burdick was accused of groping driving students during practice or test drives and would instruct some of the young women to perform jumping jacks to record them on his cellphone, authorities said. The Washington County Sheriff\u2019s Office said the abuse occurred between 2012 and 2018 while Burdick taught driving courses at the school\u2019s Willow Creek Center in Hillsboro. Portland Community College fired him in April 2019 amid the criminal investigation. Burdick also served as a bishop at the Hillsboro Ward of the Church of Jesus Christ of Latter-day Saints, which has removed him from the post. Three of the students have filed a lawsuit against Burdick, seeking $2 million each. Driver\u2019s ed teacher who sexually abused students gets jail Updated 4:43 EDT, February 24, 2020 Women\u2019s March Madness George Foreman dies F-47 fighter jet Jameis Winston deal Movie rev 1 Deportees from the in Panama go embassy to embassy in desperate scramble to seek asylum 2 White House rescinds executive order targeting prominent law firm 3 Musk group offers $100 to Wisconsin voters ahead of pivotal state Supreme Court election 4 Weekslong lockups of European tourists at borders spark fears of traveling to America 5 Detained Columbia University student activist Mahmoud Khalil appears in immigration case", "8454_102.pdf": "24, 2020 HILLSBORO, Ore.- On January 3, 2020, Paul Douglas Burdick pleaded guilty to six misdemeanor counts of third-degree sex abuse. On February 20, 2020, Judge Andrew Erwin sentenced the defendant to six months in the Washington County Jail along with five years of formal probation with sex offender treatment. Senior Deputy District Attorney Andy Pulver prosecuted the case against Mr. Burdick. The defendant was employed as a driving instructor through Portland Community College. In 2016, two teenage girls reported to their parents that the defendant touched them inappropriately during driver\u2019s education classes. The Washington County Sheriff\u2019s Office investigated the allegations but the evidence available in 2016 was not sufficient to proceed with criminal charges at that time. In September of 2019, another driving student came forward with similar allegations of misconduct committed by the defendant during driving lessons. Detectives with the Washington County Sheriff\u2019s Office began investigating once again and obtained a warrant giving them access to a list of the defendant\u2019s prior students. Investigators then contacted the students to inquire if they had anything concerning to report. More than a dozen students responded, all with similar allegations of inappropriate contact. These new allegations allowed this office to move forward with formal charges against the defendant, ultimately leading to his conviction on the above charges. The Washington County District Attorney\u2019s Office would like to acknowledge the victims for coming forward. This office also commends the Washington County Sheriff\u2019s Office for its work on this case. Media contact information Stephen Mayer Public Information Officer 971-708-8219 [email protected] View All News Select Language Home What We Do Rehabilitation Protecting Victims Equity & Justice News Contact Coming to Court? Learn about our campaign to protect area businesses from shoplifting 150 First Avenue, Suite 300 Hillsboro 97124-3002 Phone (503) 846-8671 Fax (503) 846-3407 Join Our Team Court Calendar \u00a9 Copyright Washington County, Oregon. All rights reserved. Disclaimer and Privacy Statement.", "8454_103.pdf": "Paul Burdick taught driver education at Portland Community College's Rock Creek campus. He was also the bishop of the Hillsboro Ward of the Church. HILLSBORO, Ore driver education teacher and Mormon bishop arrested for the sexual abuse of 15 underage girls made his first appearance in court today. Paul Douglas Burdick, 48, of Hillsboro faces 21 counts of third-degree sexual abuse. Detectives said they've identified 20 victims, but the cases of five fall outside the statute of limitations. And since his arrest ten other alleged victims have come forward, so more charges may be added. Hillsboro driver ed teacher bishop in court on sex abuse charges Author: Jared Cowley (KGW) Published: 11:16 September 5, 2019 Updated: 12:11 September 17, 2019 \uf04b Burdick taught driver education at Portland Community College's Rock Creek campus. He was also the bishop of the Hillsboro Ward of the Church of Jesus Christ of Latter-day Saints (LDS). Both and the Church have cooperated with the investigation and removed Burdick from his positions when they were informed of the allegations against him. All the victims were girls, many high school students who took driver education classes through PCC, and were in Burdick's classes. Detectives believe all the victims so far came in contact with Burdick as driving students, but that some may have first known him though the church. Victims report Burdick groped them while they took practice or test drives, and would also make them perform jumping jacks and try to record it on his cell phone. The allegations range from 2012 through 2018 when Burdick was removed from his positions. Detectives believe there are more victims and they would like to speak with anyone who may have been affected by Burdick\u2019s alleged crimes. Anyone with information is asked to call the sheriff\u2019s office at 503-846-2700. Burdick's next court appearance is October 7th at 9 a.m. Burdick remains out of custody and declined to speak with after his court appearance Tuesday. The Church of Jesus Christ of Latter-day Saints released the following statement on Burdick: \"The Church of Jesus Christ of Latter-day Saints has no tolerance for abuse. We have removed Burdick from his leadership role and he has been prohibited from serving with children. We support the efforts of law enforcement to investigate this matter and have fully cooperated in their investigation. Those who abuse children are also subject to formal discipline from the Church, including the loss of their membership in the church.\" Related stories: Former Aloha High School teacher convicted of child pornography charges Hillsboro boxing coach arrested for sexually abusing students, deputies say Luxury Casino \| Sponsored Experience the Highest Win Rate Guarantee at Luxury Casino! Best odds for bigger wins! 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7,255	Jason Williams	California Polytechnic State University	[ "7255_101.pdf", "7255_102.pdf", "7255_103.pdf", "7255_103.pdf", "7255_103.pdf" ]	{"7255_103.pdf": "ex rel WILLIAMS, ) ) Petitioner, ) ) No. 07 0056 v HULICK, Warden, ) ) Respondent Petitioner Jason Williams\u2019s (\u201cPetitioner\u201d) motion to vacate his sentence pursuant to 28 U.S.C. \u00a7 2254 is before this Court. For the following reasons, the motion is DENIED. FACTS1 Petitioner was convicted of aggravated criminal sexual assault and aggravated kidnapping on December 1, 1992. He was sentenced on January 21, 1993 to consecutive terms of twenty- two and eight years. Michael Cole represented Petitioner during his trial and sentencing. At trial, the victim testified that, on the morning of July 8, 1991, Petitioner approached her as she was walking to work. He placed a gun at her side and forced her to walk to a section of railroad tracks where he twice forced her to have sexual intercourse. Petitioner and the victim then walked to the victim\u2019s workplace, where the victim told her co-workers she had been raped. 1 Under 28 U.S.C. \u00a7 2254(e)(1), state courts' findings of fact are presumptively correct in any federal habeas proceeding. Summer v. Mata, 449 U.S. 539, 547 (1981). Petitioner does not challenge the state courts\u2019 facts statements. Therefore, this opinion summarizes the recitation of facts in the Illinois Appellate Court's September 6, 2005 order in Case No. 1-03-2425, affirming denial of Petitioner\u2019s petition for post-conviction relief. Case: 1:07-cv-00056 Document #: 39 Filed: 03/25/10 Page 1 of 17 PageID #:<pageID> Her supervisor, Kathy Voltz, called the police, and Petitioner was soon arrested. The victim testified that she had never met Petitioner before and did not know anyone named James Heath. Petitioner claimed that Heath was the victim\u2019s boyfriend and that the two had attempted to frame Petitioner for rape. Petitioner testified that he had two altercations with Heath as a result of a gang\u2019s attempts to recruit him. During the second, which occurred sometime in 1990, Heath and others beat Petitioner. Petitioner filed a complaint against Heath but could not appear in court to testify against Heath because he had been arrested for raping the victim. At trial, Petitioner further testified that he had met the victim on a bus in late June of 1991 and asked her for her phone number. She told him he could meet her at her job in Archer Park, and he visited her twice. Petitioner denied kidnapping and sexually assaulting the victim and stated that it was the victim\u2019s idea to go to the railroad tracks. During the trial, Petitioner\u2019s mother, Thelma Howell, came into the courtroom in violation of an order excluding all witnesses. The trial court allowed the trial to continue, but when Howell again violated the order, she was precluded from testifying on Petitioner\u2019s behalf. Petitioner appealed his conviction to the Illinois Appellate Court, First District. On appeal, he was represented by Greg Koster of the Cook County Public Defender\u2019s Office. Koster filed a motion to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967). Petitioner\u2019s pro se response to the motion claimed that: 1) he was not proven guilty beyond a reasonable doubt; 2) his trial counsel was ineffective for failing to interview and call James Heath as a witness, among other strategic decisions; 3) the prosecutor made improper arguments that denied him a fair trial; and 4) his sentence was excessive. The state appellate court granted the appellate counsel\u2019s motion to withdraw and affirmed the convictions and sentences on March 17, 1995. 2 Case: 1:07-cv-00056 Document #: 39 Filed: 03/25/10 Page 2 of 17 PageID #:<pageID> Petitioner then submitted a petition for leave to appeal (\u201cPLA\u201d) to the Illinois Supreme Court, making the following claims: 1) his trial counsel was ineffective for failing to interview and call several witnesses, object to improper comments made by the prosecutor, and present mitigating evidence at sentencing; 2) he was not guilty beyond a reasonable doubt; 3) the prosecutor made improper remarks during the trial; and 4) his sentences were excessive. The was denied on October 4, 1995. Petitioner filed a petition for post-conviction relief in the Circuit Court of Cook County on December 1, 1995. He argued that his trial counsel was ineffective for failing to 1) present witnesses and documents to establish that Petitioner had been attacked by James Heath; 2) interview or call passersby who witnessed the incident and could have testified that the sex was consensual; 3) have Petitioner\u2019s mother testify that she spoke with someone who told her the victim and Heath \u201cset up\u201d Petitioner; and 4) interview or call a witness to testify that Heath was the victim\u2019s boyfriend and that the two conspired to frame Petitioner. Petitioner\u2019s appointed counsel added claims that 1) Petitioner\u2019s sentence violated Apprendi v. New Jersey, 530 U.S. 466 (2000); 2) Petitioner\u2019s trial counsel was ineffective for failing to investigate witnesses and making cumulative errors; and 3) Petitioner\u2019s appellate counsel was ineffective for failing to argue that the trial counsel was ineffective for failing to investigate and call witnesses. On May 23, 2002, Petitioner filed another petition alleging that new evidence presented by Clifton Williams, whom Petitioner met in prison, established that the victim and Heath knew each other and had conspired against Petitioner to keep him from testifying against Heath. On May 28, 2003, Clifton Williams, Howell, and Petitioner\u2019s friend Meartice Guyton testified at an evidentiary hearing regarding the post-conviction petition and petition for post- judgment relief. Clifton Williams testified that he saw the victim and Heath together and 3 Case: 1:07-cv-00056 Document #: 39 Filed: 03/25/10 Page 3 of 17 PageID #:<pageID> overheard Heath instruct the victim to have sex with Petitioner. The court sustained the State\u2019s objection that this testimony was hearsay. Clifton Williams acknowledged that, although he had written two previous affidavits and a declaration regarding Petitioner\u2019s case in May 2002, he first mentioned overhearing the conversation in a third affidavit dated October 11, 2002. Guyton testified that he had seen the victim with James Heath over twenty times and that he saw the victim with Petitioner multiple times during June and July 1991. He had difficulty, however, identifying the victim from pictures. Howell testified that Heath had threatened and injured Petitioner in 1990 and 1991, that she and Petitioner had filed complaints against Heath on two occasions, and that Petitioner had told her he was dating a girl with the victim\u2019s first name. At the close of the evidentiary hearing, defense counsel submitted a copy of a petition to impose discipline on Michael Cole, Petitioner\u2019s trial attorney, by the Attorney Registration and Disciplinary Commission. Cole was under investigation at the time of Petitioner\u2019s trial and was later suspended from practicing law, but Petitioner\u2019s case was not listed as one Cole had neglected. The post-conviction petitions were denied on July 28, 2003. The court held that the testimony given during the evidentiary hearing would not have changed the trial\u2019s outcome, noting that the credibility of Clifton Williams and Guyton was tarnished by their criminal histories and that the admissibility of Clifton Williams\u2019s evidence was questionable because it was hearsay. The court also noted that Petitioner lied to the police about his name and residence, and had given \u201cfour different stories as to what happened\u201d on the date of the rape: that he had never seen the victim, that he knew her but they had never had sex, that he had initiated the sex, and that the sex was the victim\u2019s idea. 4 Case: 1:07-cv-00056 Document #: 39 Filed: 03/25/10 Page 4 of 17 PageID #:<pageID> Petitioner appealed this ruling, arguing 1) ineffective assistance of trial counsel for failing to present Howell and Guyton as witnesses and 2) Clifton Williams\u2019 testimony constituted newly discovered evidence demonstrating Petitioner\u2019s innocence. On appeal, Petitioner was represented by Jennie Pinnous and Tomas Gonzalez from the Appellate Defender\u2019s Office. Petitioner also submitted a pro se \u201csupplemental brief\u201d arguing that the State intimidated a potential defense witness, Anthony Cooper. The state appellate court declined to accept this brief on the ground that a criminal defendant has no right to both self-representation and the assistance of counsel. The court did not address the claim raised in the brief. On September 6, 2005, the appellate court affirmed the lower court\u2019s ruling on the post-conviction petition. Petitioner filed a with the Illinois Supreme Court, arguing 1) ineffective assistance of trial counsel for failing to present witnesses; 2) ineffective assistance of trial and appellate counsel for failing to argue that the government had threatened defense witnesses; and 3) denial of a fair trial because the government had threatened a potential defense witness. The was denied on March 29, 2006. Petitioner filed the instant federal habeas petition on January 21, 2004, claiming: I. Ineffective assistance of trial counsel for failing to: a. interview or present Meartice Guyton as a witness b. advise Thelma Howell that she could not be in the courtroom c. interview or present Anthony Cooper as a witness, and d. interview or present James Heath as a witness. II. The prosecutor lied and threatened potential defense witness Anthony Cooper. III. Ineffective assistance of appellate counsel for failing to raise and on direct appeal. IV. Actual innocence evidenced by the testimony of Clifton Williams. 5 Case: 1:07-cv-00056 Document #: 39 Filed: 03/25/10 Page 5 of 17 PageID #:<pageID> V. The post-conviction appellate court wrongly found that Petitioner\u2019s actual innocence claim was raised via a Petition for Relief from Judgment. VI. Given the testimony of Guyton, Howell, and Clifton Williams, Petitioner is not guilty beyond a reasonable doubt 28 U.S.C. \u00a7 2254 empowers federal district courts to hear petitions for a writ of habeas corpus on behalf of a person in state custody on the ground that the imprisonment is in violation of the Constitution, treaties, or laws of the United States. 28 U.S.C. \u00a7 2254(a) (1996); see Wainwright v. Sykes, 433 U.S. 72, 77 (1977 federal court may only consider the merits of a writ of habeas corpus after the petitioner has (1) exhausted all available state court remedies; and (2) first presented any federal claim in the state court A. Procedural Default and Non-Cognizable Claims Under AEDPA, a petitioner must exhaust all available remedies in state court before applying for a writ of habeas corpus. See 28 U.S.C. \u00a7 2254(b)(1). This gives state courts a fair opportunity to consider and correct constitutional violations before they are presented to a federal court. See United States ex rel. Sullivan v. Fairman, 731 F.2d 450, 453 (7th Cir. 1984). Fair presentment requires a petitioner to \u201cassert his federal claim through one complete round of state-court review, either on direct appeal of his conviction or in post-conviction proceedings.\u201d Lewis v. Sternes, 390 F.3d 1019, 1025 (7th Cir. 2004) (citing O'Sullivan v. Boerckel, 526 U.S. 838, 845 (1999)). Petitioner\u2019s claims for prosecutorial misconduct, ineffective assistance of appellate counsel, and sufficiency of the evidence were not fairly presented at every level of the state court system. 6 Case: 1:07-cv-00056 Document #: 39 Filed: 03/25/10 Page 6 of 17 PageID #:<pageID> Petitioner\u2019s claim for prosecutorial misconduct arises from the contention that the prosecutor lied to and threatened Cooper, thus preventing him from testifying (Claim II). Petitioner concedes that he never raised the issue on direct appeal,2 but asserts that it was fairly presented in post-conviction proceedings. During these proceedings, Petitioner did not raise the claim in his pleadings before the Cook County Circuit Court, but rather introduced the issue in a pro se supplemental brief before the Illinois Appellate Court and in his to the Illinois Supreme Court. The appellate court, citing People v. Williams, denied Petitioner\u2019s motion to file his supplemental brief. See Williams, 454 N.E.2d 220 (Ill. 1983) (criminal defendant has no right to self-representation and the assistance of counsel). Because the court did not review or consider the merits of Petitioner\u2019s arguments, his claims were not fairly presented at that stage. Cf. Reid v. Senkowski, 961 F.2d 374, 376 (2d Cir. 1992) (proper submission of a pro se supplemental brief to the court constitutes fair presentation of its claims); Holloway v. Horn, 355 F.3d 707, 716-17 (3d Cir. 2004) (where state court assented to the consideration of pro se supplemental claims, the claims were fairly presented). As such, Petitioner\u2019s prosecutorial misconduct claim first came to the attention of Illinois courts in Petitioner\u2019s to the supreme court. However, a claim is not fairly presented for federal habeas purposes if raised for the first time in a petition for discretionary review. Wilson v. Briley, 243 F.3d 325, 328 (7th Cir. 2001) (citing Castille v. Peoples, 489 U.S. 346, 351 (1989)). 2 At least, Petitioner concedes this in his habeas petition. In his reply brief, he conflates his prosecutorial intimidation claim with the improper closing argument claim litigated on direct appeal. These claims are not the same for the purposes of procedural default because a \u201cpetitioner fairly presents his federal claim to the state courts when he articulates both the operative facts and the controlling legal principles on which his claim is based.\u201d Perruquet v. Briley, 390 F.3d 505, 519 (7th Cir. 2004). Petitioner\u2019s claims for improper remarks and prosecutorial intimidation differ on both grounds. Compare Rodriguez v. Peters, 63 F.3d 546, 558 (7th Cir. 1995), with U.S. v. Hooks, 848 F.2d 785, 801-02 (7th Cir. 1988). 7 Case: 1:07-cv-00056 Document #: 39 Filed: 03/25/10 Page 7 of 17 PageID #:<pageID> Petitioner urges the court to follow the Eighth Circuit\u2019s lead in Clemmons v. Delo, 124 F.3d 944 (8th Cir. 1997). In Clemmons, the Eighth Circuit accepted as fairly presented claims raised in an unaccepted pro se supplemental brief to the state supreme court, given the case\u2019s \u201cunique circumstances.\u201d Id. at 948. Alternatively, Petitioner argues that his supplemental brief should have been admitted under the \u201cinvited response\u201d doctrine, because arguments made by the state compelled Petitioner to elaborate on Cooper\u2019s intimidation. Petitioner\u2019s attempts to belatedly admit his supplemental brief are off-point. Even if the Court were to consider Petitioner\u2019s pro se brief, he still neglected to raise the issue of prosecutorial misconduct before his post-conviction trial court or on direct appeal. Petitioner has therefore defaulted his prosecutorial intimidation claim for failing to assert the issue for a full round of state court review. Petitioner also failed to present his ineffective assistance of appellate counsel claim at every level of the state court system (Claim III). He raised the issue before the Circuit Court of Cook County and in his to the Illinois Supreme Court, but not before the Illinois Appellate Court.3 Even then, his claims differed. Before the trial court, Petitioner posited that his appellate counsel was ineffective for failing to argue that trial counsel was ineffective. In h PLA, Petitioner argued that appellate counsel was ineffective for failing to argue that the prosecutor had lied to and threatened Cooper. These claims are not identical for habeas purpose because they arise out of different operative facts. See Perruquet, 390 F.3d at 519. Petit is s ioner\u2019s 3 Petitioner argues that he elaborated on the ineffectiveness of his appellate counsel on direct appeal, when briefing his appellate counsel\u2019s motion to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967). An Anders motion requires that the court consider the merits of Petitioner\u2019s claims on appeal, not the effectiveness of his appellate counsel. Id. at 744. As such, Petitioner\u2019s Anders briefs do not constitute fair presentment of his ineffective assistance claim before a state appellate court. Indeed, the appellate court noted in its opinion that many of Petitioner\u2019s ineffective assistance of counsel claims \u201care based on matters outside the record and would be more appropriately raised by way of a post-conviction petition.\u201d People v. Williams, No. 1-93-0958, Order at 2 (Ill. App. Mar. 17, 1995). 8 Case: 1:07-cv-00056 Document #: 39 Filed: 03/25/10 Page 8 of 17 PageID #:<pageID> ineffective assistance of appellate counsel claim is thus procedurally defaulted. See Lewis, 390 F.3d at 1025-26. Petitioner further asserts that the testimony of Clifton Williams is not hearsay, but rather proof of his actual innocence (Claim IV). In doing so, Petitioner apparently presents his innocence as an independent ground for relief. However, a claim of actual innocence is not, by itself, a constitutional claim. See Schlup v. Delo, 513 U.S. 298, 315 (1995). Rather, it is \u201ca gateway through which a habeas petitioner must pass to have his otherwise barred constitutional claim considered on the merits.\u201d Id. (quoting Herrera v. Collins, 506 U.S. 390, 404 (1993)). As a freestanding, substantive ground for relief, Petitioner\u2019s actual innocence claim is non- cognizable under 28 U.S.C. \u00a7 2254. On a related point, Petitioner claims that the post-conviction appellate court erred by finding that his actual innocence claim was brought as a petition for relief from judgment under 735 5/2-1401, as opposed to a petition under the Post-Conviction Hearing Act, 725 5/122 (Claim post-conviction petition asks the court to determine whether the defendant\u2019s constitutional rights were violated at trial. See People v. Pinkonsly, 207 Ill.2d 555, 556 (2003). In contrast, a \u00a7 2-1401 petition requires the court to decide whether facts exist that were unknown at the time of trial that would have prevented the entry of judgment. Id. at 566. Consistent with Illinois law, the appellate court held that Petitioner\u2019s claim fell under \u00a7 2-1401 insofar as it argued that that newly discovered evidence, in the form of Clifton Williams\u2019 testimony, supported Petitioner\u2019s actual innocence. The appellate court declined to consider Petitioner\u2019s claim because it was filed after the two-year period of limitations for \u00a7 2-1401 petitions. 9 Case: 1:07-cv-00056 Document #: 39 Filed: 03/25/10 Page 9 of 17 PageID #:<pageID> It is not entirely clear what federal or Constitutional right has been implicated by this decision. To the extent that Petitioner complains of a misapplication of Illinois law by the appellate court, such a claim is not properly before the Court. See 28 U.S.C. \u00a7 2254(a); Pasiewicz v. Lake County Forest Preserve Dist., 270 F.3d 520, 526 (7th Cir. 2001 violation of a state statute is not a per se violation of the federal Constitution. The federal government is not the enforcer of state law.\u201d). If the injury at issue is the state appellate court\u2019s refusal to review Petitioner\u2019s actual innocence claim, this claim falters because the latter is non-cognizable. Even assuming that an underlying constitutional harm exists, a state court\u2019s finding of procedural default will bar federal habeas review unless \u201cinfrequently, unexpectedly, or freakishly\u201d applied. See Thomas v. McCaughtry, 201 F.3d 995, 1000 (7th Cir. 2000). No such conduct is alleged here. Given the lack of any conceivable constitutional injury underlying Claim V, it fails. Finally, Petitioner argues that, in light of the new testimony presented at the post- conviction evidentiary hearing, he cannot be found guilty beyond a reasonable doubt (Claim VI). Petitioner brought a similar sufficiency of the evidence claim on direct appeal. He based that claim on the assertion that the victim\u2019s testimony was incredible, leaving ample room for reasonable doubt. The state appellate court found that the record held sufficient evidence to support Petitioner\u2019s convictions. Petitioner\u2019s present claim encompasses evidence introduced at his post-conviction hearing, in addition to the original trial record. The two claims thus rely on different operative facts and are distinguishable in the habeas context. See Perruquet, 390 F.3d at 519.4 Because Petitioner failed to raise his more recent claim in any Illinois court \u2013 either on appeal or before the Illinois Supreme Court \u2013 it is procedurally defaulted. Petitioner insists that 4 If Petitioner seeks to reassert the sufficiency of the evidence claim he originally raised on direct appeal, that avenue is foreclosed because the one-year period of limitation for filing a habeas petition on that claim expired more than a decade ago. See 28 U.S.C. \u00a7 2244(d)(a)(A). 10 Case: 1:07-cv-00056 Document #: 39 Filed: 03/25/10 Page 10 of 17 PageID #:<pageID> he presented the claim in his pro se supplemental brief, but the Court reiterates that the issue is a red herring. Should the court consider Petitioner\u2019s supplemental brief as a fair presentment of his claims, he still cannot cure his failure to raise the issue in his PLA. Petitioner argues that, in his PLA, the claim is encompassed by the phrase \u201cwhether denial of petition for rehearing was proper.\u201d This catch-all phrase concluded the heading asking whether the appellate court\u2019s decision was manifestly erroneous \u201cwhere Jason Williams received ineffective assistance of counsel.\u201d The following paragraphs discuss the appellate court\u2019s dismissal of Petitioner\u2019s \u00a72- 1401 claim as well as trial counsel\u2019s failure to call Howell and Guyton. At no point in his does Petitioner mention the sufficiency of the evidence or the reasonable doubt standard. Petitioner\u2019s catch-all phrase can logically be read to refer to the issues he discusses in his PLA, not Claim VI. The claim is defaulted because it was not fairly presented to Illinois courts. B. Cause and Prejudice or a Miscarriage of Justice Habeas relief on Claims II, III, and is foreclosed to Petitioner unless he \u201ccan establish cause and prejudice for the default or that the failure to consider the claim would result in a fundamental miscarriage of justice.\u201d Johnson v. Hulett, 574 F.3d 428, 430 (7th Cir. 2009); see also Coleman, 501 U.S. at 750. These exceptions are not available for Claims and because they are non-cognizable under 28 U.S.C. \u00a7 2254. Petitioner is unable to show cause for the procedural default of any claim. With respect to Claim II, Petitioner\u2019s efforts to place the blame on his appellate counsel do not suffice claim of ineffective assistance of counsel must itself have been fairly presented to the state courts before it can constitute cause for the procedural default of another claim. Edwards v. Carpenter, 529 U.S. 446, 452-54 (2000). While Petitioner has raised the issue of ineffective assistance of appellate counsel in Claim III, he has not exhausted that particular claim in state court. As a 11 Case: 1:07-cv-00056 Document #: 39 Filed: 03/25/10 Page 11 of 17 PageID #:<pageID> result, the Court cannot consider the ineffective assistance of appellate counsel a cause excusing the default of Claim II. See Edwards, 529 U.S. at 451. Petitioner\u2019s other grounds for cause and prejudice for his defaulted claims are similarly unavailing. Petitioner focuses much of his attention on circumstances impeding the admission of his pro se supplemental brief, the denial of which was not dispositive for any of his procedural defaults. Petitioner also alleges that Menard Correctional Center tampers with his mail, such that some letters to his counsel did not reach their intended destination. Petitioner makes no showing as to how mailing problems were responsible for his procedural defaults. See, e.g., Maples v. Stegall, 340 F.3d 433, 439 (6th Cir. 2003) (state prison\u2019s refusal to timely mail prisoner\u2019s petition, when he submitted it five days before the deadline, constituted cause excusing procedural default). Nor can Petitioner demonstrate that a miscarriage of justice would result from the default of Claims II, III, and fundamental miscarriage of justice occurs when \u201ca constitutional violation has probably resulted in the conviction of one who is actually innocent.\u201d Murray v. Carrier, 477 U.S. 478, 496 (1986). To show actual innocence, Petitioner must come forward with new, reliable evidence that was not presented at trial. See Balsewicz v. Kingston, 425 F.3d 1029, 1033 (7th Cir. 2005). He must then establish that no reasonable juror would have convicted him in light of this new evidence. Id. (citing Schlup, 513 U.S. at 327). Petitioner introduces no new evidence that the state courts have not already considered and rejected. To review, the post-conviction trial court gave no weight to the newly discovered evidence offered by Clifton Williams, Petitioner\u2019s prison-mate. The trial court reasoned that the conversation Clifton overheard, wherein Heath instructed the victim to have sex with Petitioner, was hearsay and unlikely to be confirmed by Heath. Additionally, Clifton\u2019s credibility suffered 12 Case: 1:07-cv-00056 Document #: 39 Filed: 03/25/10 Page 12 of 17 PageID #:<pageID> from his prior felony conviction and the fact that he failed to mention the conversation until his third affidavit (technically, his fourth declaration). Guyton, another felon who testified at the post-conviction hearing about witnessing the victim with Heath or Petitioner, had difficulty identifying the victim from photographs. Howell only testified about interactions with Heath, and stated that Petitioner had told her about a girlfriend with the victim\u2019s name. None of the above witnesses had any knowledge of the rape itself; they could only speak to relationships between the victim and Heath or Petitioner. Had the above testimony qualified as new evidence for the purposes of deciding a fundamental-miscarriage-of-justice claim, it would nevertheless fail to satisfy the stringent standard for establishing Petitioner\u2019s innocence, given that it only corroborates collateral issues. See Gomez v. Jaimet, 350 F.3d 673, 679-81 (7th Cir. 2003). C. Ineffective Assistance of Trial Counsel Petitioner\u2019s Claim I, asserting ineffective assistance of counsel, is properly before this court because it received a full round of state review. Claim asserts that Williams\u2019 trial counsel was ineffective for failing to: a. interview or present Meartice Guyton as a witness b. advise Thelma Howell that she could not be in the courtroom c. interview or present Anthony Cooper as a witness, and d. interview or present James Heath as a witness.5 5 Respondent did not present claims I(c) and I(d) to the appellate court when appealing the denial of his post- conviction petition. On account of Respondent\u2019s inability to locate the briefs submitted to the Illinois Appellate Court in the 1990s, Respondent has conceded that Petitioner fairly presented these claims on direct appeal. See Cawley v. DeTella, 71 F.3d 691, 695 n. 7 (7th Cir. 1995) (citing United States ex rel. Partee v. Lane, 926 F.2d 694, 699 n. 3 (7th Cir. 1991), cert. denied, 502 U.S. 1116 (1992)) (\u201ca petitioner who has been rejected once by the Illinois Supreme Court and who then invoked the Illinois post-conviction review process, making the same arguments\u201d need not \u201conce again take those claims all the way to the Illinois Supreme Court before the federal courts will hear his or her habeas petition.\u201d). The state appellate court presumably considered trial counsel\u2019s failure to secure the testimony of Howell and Heath when it stated that \u201c[m]any of [Petitioner\u2019s] claims of ineffective assistance of counsel involve matters of trial strategy which will generally not support an allegation of incompetence.\u201d People v. Williams, No. 1-93-0958, Order at 2 (Ill. App. Mar. 17, 1995). 13 Case: 1:07-cv-00056 Document #: 39 Filed: 03/25/10 Page 13 of 17 PageID #:<pageID> Habeas relief is warranted when the state court\u2019s adjudication of a claim \u201cwas contrary to, or involved an unreasonable application of clearly established federal law, as determined by the Supreme Court of the United States,\u201d 28 U.S.C. \u00a7 2254(d)(1)(1996), or \u201cwas based on an unreasonable determination of the facts in light of the evidence presented in the state court proceeding,\u201d id. at \u00a7 2254(d)(2). Ineffective assistance of counsel claims are governed by Strickland v. Washington, which requires a petitioner to establish both that his attorney's performance \u201cfell below an objective standard of reasonableness\u201d and that this deficient performance caused \u201cprejudice\u201d to the petitioner. 466 U.S. 668, 688, 690-93 (1984). The defendant must identify specific acts or omissions constituting ineffective assistance. United States v. Moya-Gomez, 860 F.2d 706, 763- 64 (7th Cir. 1988). The court then decides if these fell \u201coutside the wide range of professionally competent assistance.\u201d Strickland, 466 U.S. at 690. To establish prejudice, a petitioner must show that \u201cthere is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different.\u201d Id. at 694. The state appellate court\u2019s decision regarding Petitioner\u2019s ineffective assistance of counsel claim was reasonable in both its determination of the facts and its application of the Strickland standard. The appellate court rejected claims I(a) and I(b) based on Petitioner\u2019s failure to show prejudice. This holding was reasonable because Petitioner cannot establish that, but for trial counsel\u2019s failure to present Guyton and Howell as witnesses,6 the result of the proceedings would have been different. At the post-conviction hearing, these parties were generally unhelpful to Petitioner\u2019s case. Guyton had difficulty identifying the victim and has a criminal record that impacts his credibility. Moreover, because neither Howell nor Guyton 6 For purposes of prejudice to petitioner\u2019s case, the court\u2019s removal of Howell from the courtroom, as a result of counsel\u2019s alleged failure to advise Howell properly, was the equivalent of refusing to allow her to testify. 14 Case: 1:07-cv-00056 Document #: 39 Filed: 03/25/10 Page 14 of 17 PageID #:<pageID> testified about the rape itself, there is no reasonable probability that their testimony would have changed the outcome of the proceeding. At trial, Petitioner and the victim provided the only accounts of the rape. The victim\u2019s supervisor corroborated her testimony, which remained consistent throughout. Petitioner\u2019s credibility, meanwhile, was damaged by the fact that he lied to the police about such fundamental facts as his name and residence, in addition to changing his version of the events multiple times. Petitioner declared that he had never known the victim, that he met her but they had never had sex, that he had initiated the sex, and that the sex was the victim\u2019s idea. Petitioner\u2019s final version contradicted the testimonies of the victim, her supervisor, and the police officers who pursued, arrested, and processed him. Given that the jury found the victim credible and believed her over Petitioner, it is not likely that Guyton and Howell\u2019s tenuous testimony about various personal relationships, in support of Petitioner\u2019s most recent theory, would have convinced the jury otherwise. On the issue of the trial counsel\u2019s performance, the Illinois Appellate Court noted that Petitioner had not provided facts sufficient to overcome the presumption that the decision not to call Guyton was a product of sound, strategic reasoning. See Strickland, 466 U.S. at 690 (\u201c[C]ounsel is strongly presumed to have rendered adequate assistance and made all significant decisions in the exercise of reasonable professional judgment.\u201d); United States v. Williams, 106 F.3d 1362, 1367 (7th Cir. 1997 lawyer's decision to call or not to call a witness is a strategic decision generally not subject to review.\u201d) This conclusion was reasonable in light of Guyton\u2019s limited knowledge. Furthermore, the appellate court found that Petitioner had failed to show any facts as to how his counsel was deficient in advising Howell not to violate the court\u2019s order against excluding witnesses. This was not unreasonable given the paucity of relevant 15 Case: 1:07-cv-00056 Document #: 39 Filed: 03/25/10 Page 15 of 17 PageID #:<pageID> information on record relating to Howell\u2019s interactions with trial counsel, either in Petitioner\u2019s briefs and petition, or Howell\u2019s affidavit and testimony. At any rate, the Court must assume that the state appellate court\u2019s factual determinations are correct, and therefore reasonable, seeing as Petitioner has failed to rebut them with clear and convincing evidence. See Conner v. McBride, 375 F.3d 643, 649 (7th Cir. 2004). Additionally, the state appellate court\u2019s rejection of Petitioner\u2019s claims I(c) and I(d) was reasonable because Petitioner\u2019s trial counsel\u2019s failure to present Cooper and Heath as witnesses falls within \u201can objective standard of reasonableness.\u201d Strickland, 466 U.S. at 688. Cooper was examined as a witness via an out-of-court offer of proof, wherein he denied knowing anything about the victim or James Heath. Given Cooper\u2019s professed ignorance, it was reasonable for counsel not to present him as a witness. The failure to present Heath as a witness was also reasonable. Counsel had difficulty locating Heath and attempted to subpoena him, to no avail. In any event, given that Petitioner accused Heath of trying to frame him for rape, counsel could reasonably have assumed that Heath would contribute little to Petitioner\u2019s defense. Because the state court was reasonable in its determination of the facts and its application of the law, Petitioner\u2019s ineffective assistance of counsel claim does not merit habeas relief For the foregoing reasons, Williams\u2019s Petition for a Writ of Habeas Corpus is DENIED. 16 Case: 1:07-cv-00056 Document #: 39 Filed: 03/25/10 Page 16 of 17 PageID #:<pageID> 17 Enter: /s/ David H. Coar ____________________________________ David H. Coar United States District Judge Dated: March 25, 2010 Case: 1:07-cv-00056 Document #: 39 Filed: 03/25/10 Page 17 of 17 PageID #:<pageID>"}
7,484	Sexual Misconduct Article	Ohio State University	[ "7484_101.pdf", "7484_102.pdf", "7484_103.pdf", "7484_104.pdf", "7484_105.pdf", "7484_101.pdf", "7484_102.pdf", "7484_103.pdf", "7484_105.pdf", "7484_106.pdf" ]	{"7484_101.pdf": "Former Ohio State marching Former Ohio State marching band instructor accused of band instructor accused of raping student gets three-year raping student gets three-year prison sentence as he apologizes prison sentence as he apologizes in court in court By By UPDATED: UPDATED: April 8, 2018 at 9:41 April 8, 2018 at 9:41 Kantele Franko Kantele Franko Stewart Kitchen in a Franklin County courtroom. Stewart Kitchen in a Franklin County courtroom former Ohio State University marching band instructor accused of raping a former Ohio State University marching band instructor accused of raping a female student apologized to his victim in court on Wednesday as he was hit female student apologized to his victim in court on Wednesday as he was hit with a three-year prison sentence. with a three-year prison sentence. Stewart Kitchen, 29, will have to register as a sex offender after pleading Stewart Kitchen, 29, will have to register as a sex offender after pleading guilty to sexual battery in Franklin County court. guilty to sexual battery in Franklin County court. Stewart Kitchen in a Franklin County courtroom. Stewart Kitchen in a Franklin County courtroom. The woman said the drum major instructor assaulted her at his Columbus The woman said the drum major instructor assaulted her at his Columbus home last year despite her saying no and pleading with him to stop. home last year despite her saying no and pleading with him to stop. 2016 2016 \ue907 \ue907June June \ue907 \ue90729 29 Originally Published: Originally Published: June 29, 2016 at 2:18 June 29, 2016 at 2:18 Kitchen had gone out drinking, and she had met him only in hope of Kitchen had gone out drinking, and she had met him only in hope of discussing summer practice, noting that she had no more than one drink but discussing summer practice, noting that she had no more than one drink but was \u201cfrozen in fear.\u201d was \u201cfrozen in fear said \u2018no,'\u201d she said. \u201cNo means no said, \u2018Take me home.\u2019 That means take said \u2018no,'\u201d she said. \u201cNo means no said, \u2018Take me home.\u2019 That means take me home said, \u2018Do not have sex with me.'\u201d me home said, \u2018Do not have sex with me.'\u201d Kitchen pleaded guilty Wednesday to sexual battery. Kitchen pleaded guilty Wednesday to sexual battery. Kitchen pleaded guilty Wednesday to sexual battery. Kitchen pleaded guilty Wednesday to sexual battery. She said she later left Ohio State with a damaged sense of safety and self- She said she later left Ohio State with a damaged sense of safety and self- confidence. confidence. Kitchen had been offering private lessons for years, but started working as an Kitchen had been offering private lessons for years, but started working as an instructor in 2014. The judge said Kitchen will be on parole for five years when instructor in 2014. The judge said Kitchen will be on parole for five years when his prison term expires. his prison term expires am sorry truly am,\u201d Kitchen said in court to the woman, who didn\u2019t am sorry truly am,\u201d Kitchen said in court to the woman, who didn\u2019t acknowledge him didn\u2019t mean to put you through that.\u201d acknowledge him didn\u2019t mean to put you through that.\u201d The self-proclaimed \u201cBest Damn Band in the Land\u201d has suffered hits to its The self-proclaimed \u201cBest Damn Band in the Land\u201d has suffered hits to its reputation over the last few years decades-long history of sexual reputation over the last few years decades-long history of sexual harassment surfaced two years ago, with the band director getting fired as a harassment surfaced two years ago, with the band director getting fired as a result. result. With News Wire Services With News Wire Services", "7484_102.pdf": "- Cadillac Canada Sponsored The All-Electric Learn More An instructor for the Ohio State University marching band is charged with rape and kidnapping, according to a reports by Columbus media. Stewart Kitchen -- An instructor for the Ohio State University marching band is charged with rape and kidnapping, according to a reports by Columbus media. Reports marching band instructor charged with rape, kidnapping Author Staff (WKYC) Published: 12:10 April 30, 2015 Updated: 12:10 April 30, 2015 Ohio Department of Health confirms state's first measle case of 2025 Ad 1 of 1 Ad 1 of 1 \uf04c 00:00 / 00:00 \uf026 \uf064 x The Columbus Dispatch reports drum-major instructor Stewart Kitchen, 28, was arrested Wednesday in connection to a rape that happened April 15. The report cites court records that say Kitchen invited a woman to have drinks with him and then raped her at his house. Ohio State's website lists Kitchen as a lecturer of conducting and ensembles. Columbus affiliate posted following statement from Ohio State to their website: \"The university is deeply concerned to learn of criminal allegations against one of our employees of kidnapping and sexual assault. Upon being informed of these allegations by the Columbus Division of Police on April 23, the university moved quickly to place the employee on administrative leave and launched its own internal investigation in accordance with university policy. \"He was taken into custody Wednesday by law enforcement officials, and we will continue to assist them in their efforts. Since this is an on-going law enforcement investigation, the university is limited in its ability to provide additional comment at this time. Please contact the Columbus Division of Police or the Franklin County Prosecutor's Office with additional questions.\" He will be arraigned Thursday morning. leaffilterguards \| Sponsored Here\u2019s What a 1-Day Gutter Upgrade Should Cost You Learn More Luxury Casino \| Sponsored Sign up at Luxury Casino for the Highest Win Rate Guarantee! Elevate your game with the best odds! Jump into the carnival craze with our vibrant game ! Let the festivities begin! Grammarly \| Sponsored Use an Writing Tool That Actually Understands Your Voice Improve grammar, word choice, and sentence structure everywhere you work. Write better with Grammarly. Install Now leaffilterguards \| Sponsored Here\u2019s What a 6-Hrs Gutter Upgrade Should Cost You In 2025 Learn More Luxury Casino \| Sponsored LeafFilter Partner \| Sponsored Tap into the Highest Win Rate Guarantee at Luxury Casino! Best odds and big wins await you! Jump into the carnival craze with our vibrant game ! Let the festivities begin! Here\u2019s What a 6-Hours Gutter Upgrade Should Cost You Why Morgan Freeman wore a glove at the Oscars Trump says he was being a 'bit sarcastic' when he promised to end Russia-Ukraine war in 24 hours ARTICLE...", "7484_103.pdf": "Ohio State drum major instructor indicted for rape May 12, 2015 / 3:31 COLUMBUS, Ohio drum major instructor for Ohio State University's celebrated marching band who is accused of sexually assaulting a female student was indicted on charges including rape, a prosecutor said Tuesday. U.S. World Politics March Madness HealthWatch MoneyWatch Entertainment Crime Sports Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. Stewart Kitchen, 28, is suspected of assaulting the Ohio State student at his home on April 16. The indictment announced by Franklin County Prosecutor Ron O'Brien includes two counts each of rape and sexual battery and a misdemeanor charge of failing to comply with underage alcohol laws. Kitchen faces more than 20 years in prison if convicted, O'Brien said message seeking comment was left with Kitchen's attorney. Court documents allege the assault occurred after Kitchen and the 19-year-old woman went out drinking, and then walked to his Columbus home. The woman reported that Kitchen refused to return her to her home and sexually assaulted her in his bedroom. Kitchen, who was arrested last month and freed on bond, was placed on paid administrative leave April 24. The university also said it launched an internal investigation and is cooperating with law enforcement officials. Christopher Stewart Kitchen, 28 Watch News View News In News App Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. Copyright \u00a92025 Interactive Inc. All rights reserved. Privacy Policy Cookie Details Terms of Use About Records released by Ohio State show Kitchen was reprimanded last year for sending an \"inappropriate\" text message, which included a derogatory reference to women's breasts, to fellow band staff members at a pumpkin festival during an Oct. 16 band event. The reprimand came months after the university fired marching band director Jonathan Waters after an internal investigation determined he ignored \"a sexualized culture\" inside the band. Waters has fought the firing, filing a $1 million defamation claim Friday in the Ohio Court of Claims. He also is pursuing a federal civil rights claim of gender discrimination. Waters' halftime shows for what's known to fans as \"The Best Damn Band in the Land\" were considered revolutionary and drew millions of viewers on YouTube. In: Ohio State University Rape Watch News View News In News App Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. Advertise Closed Captioning News Store Site Map Contact Us Help Watch News View News In News App", "7484_105.pdf": "Twenty-eight-year-old Stewart Kitchen is suspected of assaulting an Ohio State student at his home on April 16 Christopher Stewart Kitchen Ohio State drum major instructor indicted on rape charges Author Published: 3:53 May 12, 2015 Updated: 3:53 May 12, 2015 Ohio Department of Health confirms state's first measle case of 2025 \uf110 00:00 / 00:00 \uf026 \uf064 \uf04b x COLUMBUS, Ohio former drum major instructor for Ohio State University's marching band who is accused of sexually assaulting a female student has been indicted on rape charges. Twenty-eight-year-old Stewart Kitchen is suspected of assaulting an Ohio State student at his home on April 16. The indictment announced Tuesday by the Franklin County prosecutor's office includes two counts each of rape and sexual battery. Kitchen also faces a misdemeanor charge of failing to comply with underage alcohol laws message seeking comment was left with Kitchen's attorney. Court documents allege the assault occurred after Kitchen and the 19-year-old woman went out drinking, then walked to his Columbus home. The woman reported that Kitchen refused to return her to her home and sexually assaulted her in his bedroom. Kitchen was the Ohio State University Drum Major from 2006 to 2007, and an article from 2014 names him the drum major instructor for the Ohio State University Marching Band. Kitchen was put an administrative leave after his arrest. Joseph Steinmetz Executive Vice President and Provost, said Kitchen's employment with Ohio State as a lecturer with the School of Music expired April 30, so he is no longer on administrative leave. 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Chronic Pain: It's Like an Anti-Body Against Back & Joint Pain Former Senator Sherrod Brown, wife Connie Schultz leave Cleveland for Columbus suburb 'Long-term' substitute teacher at Kenston Local Schools indicted on child pornography charges ARTICLE...", "7484_106.pdf": "Former Ohio State drum major instructor sent to prison for sexual assault John Futty, The Columbus Dispatch Published 12:01 a.m June 29, 2016 Updated 1:34 p.m June 30, 2016 As drum-major instructor for Ohio State University's marching band, Stewart Kitchen convinced a 19-year-old freshman that his coaching and influence would land her a spot on the drum-major training squad. On Wednesday, the woman stood in a Franklin County courtroom and delivered an emotional,10-minute statement about how Kitchen abused that trust and forever altered her lifeby luring her to his apartment and sexually assaulting her in April 2015. \"My life for the past 14 months has been on hold,\" she said. \"I've had to sit here as my life, who was, the strong, the confident, the girl knew, falls away from me. My innocence, my confidence, my safety, my worth, my happiness, my life, it's all damaged sit here broken, my life taken, dismantled by this man's decision to do this to me.\" Kitchen, who pleaded guilty last month to one count of sexual battery, was eligible for probation, but the victim and Assistant Prosecutor Robert Letson said he deserved prison. Common Pleas Judge Laurel Beatty agreed, imposing three years. Kitchen also must registeras asex offender every 90 days for the rest of his life. He will be eligibleto apply for judicial release after serving six months in prison. \"Mr. Kitchen think you recruited this young woman and then you abused your power and betrayed her trust,\" the judge told him. Kitchen, 29, showed little emotion during the hearing but appeared to choke up briefly as he turned and apologized to the victim for \"tarnishing\" her experience at Ohio State. \"She's not at fault in this,\" he said. \"This was my fault.\" The Dispatch does not identify the victims of sexual assault without their permission. The womansaid shewas unaware of theuniversity's drum-major training squad,known as D-Row, until Kitchen sent her a Facebook message andencouraged her to apply. After repeated efforts to arrange practice time, she accepted hisinvitation to discuss the programon thenight of April 15, 2015. He took her to a bar and bought her alcohol, but she said sheconsumed less than onefull drink. Kitchen eventually told her he was too drunk to driveher home and suggested that they walk to his apartment on Indiana Avenue. After they arrived, he rejected her requests for a ride home and assaulted her, she said. \"That night laid there, frozen in fear and trauma, as my coach disobeyed my requests and raped me,\" she told the judge said 'no.' No means no said, 'Take me home.' That means take me home said, 'I'm not comfortable with this said, 'Do not have sex with me.'\" Afterward, in a phone call monitored by Columbus police, Kitchen tried to convince her tosay thatthe sex was consensual. Under the plea agreement, prosecutors dismissed two counts of rape and a misdemeanor charge ofviolating underage alcohol laws. Kitchen, who served as OSU's drum major in 2006 and 2007, had a part-time contract with the university that expiredshortly after his arrest. After the hearing, the woman said she was \"incredibly grateful that there is some sort of punishment he is receiving.\" She left Ohio State after the incident andbegins classesat another university in the fall, she said will prevail from this,\" she told the judge will go forward and my life will go on.But it will never be the same.\" [email protected] @JohnFutty"}
8,873	James Zedaker	Florida State University	[ "8873_101.pdf", "8873_102.pdf", "8873_103.pdf", "8873_104.pdf", "8873_101.pdf", "8873_102.pdf", "8873_103.pdf", "8873_104.pdf" ]	{"8873_101.pdf": "associate dean, director of COVID-19 clinic resigns during sexual misconduct probe Published 10:35 a.m Jan. 21, 2022 Updated 12:52 p.m Jan. 21, 2022 The director of Florida State University\u2019s COVID-19 clinic resigned amid an internal investigation that found he was in violation of the university\u2019s anti-sexual misconduct policy by \u201ccreating a hostile workplace for employees,\u201d according to spokeswoman Amy Farnum-Patronis. The report stems from the testimony of multiple women who allege Dr. James Zedaker made discomforting comments and sent texts that were sexual in nature and, in many instances, bought them unsolicited gifts, which investigators cite as acts of potential \"grooming.\" As first reported by the Florida Politics news site received an allegation of sexual misconduct against Zedaker in early November from a woman who quit her well-paying job at the COVID-19 clinic for much less money to \"get away from the daily situation at FSU,\" according to the 86-page investigation summary. This sparked an immediate internal investigation by the Equity, Diversity, and Inclusion Office (EDI). Two weeks before investigators finalized the report on Jan. 4, Zedaker submitted his resignation letter. It went into effect Friday, Jan. 14. Christopher Cann Tallahassee Democrat Zedaker has been the director of the School of Physician Assistant Practice since 2016, and he led the university's testing efforts starting in June 2020, Farnum-Patronis said. Dr. Benjamin Smith, an associate dean in the College of Medicine, has temporarily assumed Zedaker's position as interim director of the Physician Assistant Program while the College of Medicine conducts a job search, Farnum-Patronis added. Dr. Daniel Van Durme is overseeing the unit. Over the eight-week probe, investigators interviewed two victims and Zedaker himself. He denied much of the allegations and said he thought the investigation stemmed from a smear campaign against him and the college of medicine believe this (investigation) is being used to publicly embarrass me, harm me, my family and the College of Medicine,\" he told investigators. However, investigators, citing his lack of credibility and similarities between the victim\u2019s accounts, found the women\u2019s allegations substantial. \u201cDespite Dr. Zedaker\u2019s denials, this investigation finds that objectively, based on a reasonable person standard, his actions ... were romantic and/or sexual in nature, could be interpreted as romantic and/or sexual advances, were unwelcomed, and potentially grooming in nature,\u201d the report said. Former employee: 'Untenable situation at FSU' The first woman who came forward wrote a statement to the that alleged Zedaker made sexual remarks toward her and frequently increased her pay, suggesting a quid pro quo situation. Text exchanges confirmed by investigators include Zedaker asking his subordinate to dinner on Valentine's Day, inviting her on trips that he would cover financially where they would share a hotel room and offering to come over to her house. In less than a year, she was given three raises that pumped up her pay more than 60%. She said Zedaker asked her \"Do you like your raise?\" before adding will take care of you.\" She said she is personally aware of three nurses and two medical assistants who have been subject to \"his harassment\" in the clinic, too. Investigators did not confirm any other victims than the two interviewed during the investigation. Another woman, who worked alongside Zedaker in the clinic, said she consistently received unsolicited gifts from Zedaker including a bottle of perfume for Christmas, a \"huge bouquet of flowers\" and an invitation on trips \"ten or more times.\" After receiving a $5,000 bonus that her direct supervisor was unaware of, she got a text from Zedaker saying know every bit helps was able to get a $5,000 bonus for you ... hopefully can get more for you as we go.\" Like the other woman, she said comments about her appearance and requests for physical affection, like hugs, was not an uncommon occurrence either in person or over text. \"This made me feel uncomfortable,\" she said felt that was really, really stuck in an impossible situation.\" She added had to take a $15,000 pay cut just to get the hell out of there. It has impacted my confidence and myself professionally.\" Regarding the unsolicited physical affection, particularly the hugging, Zedaker said \"You can ask most in my office and my family am not a hugger... Its awkward to me.\" For another employee, Zedaker admitted he paid the more than $3,000 she owed on her Licensed Practical Nurse license as well as her rent, car insurance, groceries, cell phone bill, utilities, a hair appointment and other unnamed expenses. Zedaker denied there being any quid pro quo or expectation in return spend over $1,000 a year for gifts for my faculty and staff,\" he told investigators. \"Gifts are given to both male and female employees without any intent or expectation other than a show of appreciation.\" Zedaker's 'institutional authority' The report found allegations of quid pro quo unsubstantiated because the advances were not \"made (on) a term or condition of employment or used as the basis of an employment decision.\" However, investigators noted a clear conflict of interest. \"Dr. Zedaker is expected to model professionalism and demonstrate restraint and good judgment at all times,\" the report said. \"Additionally, he should be keenly aware of his impact and influence within the University and affiliated communities. Real or perceived power over a person makes a romantic and/or sexual relationship ambiguous.\" In charge of the university\u2019s clinic that arose from the need to conduct tests, and later vaccines, on athletes, students and employees in the spring of 2020, Zedaker was in a clear position of power and \u201cinstitutional authority,\u201d according to the report. He took over the clinic after a brief period when it was under the University Health Center (UHC). In this position, he was tasked with creating, development and testing operational plans for large-scale \u201cwhat if\u201d scenarios related to medical response or other concerns as requested by senior university officials, according to Farnum-Patronis key player in the founding of the School of Physician Assistant Practice at FSU, Zedaker held his position for more than a year after the program was placed on academic probation in January 2021. The probation came after an accreditation commission issued citations saying there was a lack of evidence the program evaluates the process that ensures all sites meet program-defined \"learning outcomes\" related to a) physical facilities, b) patient populations, and c) supervision. More: Physician Assistant program at placed on accreditation probation Former complaints: Zedaker previously accused of sex, race, age and disability discrimination Before the complaint that sparked the recent investigation was sent to EDI, Zedaker was named in two prior formal complaints. One was an investigation of disability discrimination towards a student. Zedaker was the named respondent, and the investigation ended in an unsubstantiated finding. There was a follow-up referral for training for Zedaker, the report says, however, it is unclear if he completed any training. Then, again, Zedaker was named the respondent in another allegation. This time he was accused of \"age, sex, and race discrimination towards an employee,\" the report read. This investigation \"failed to pass threshold analysis,\" but it was referred to human resources for additional review. Additionally, in the initial letter that began the most recent probe into Zedaker's work relationships at the clinic, one woman wrote, \"myself and all of the women that Jim has treated this way are Black.\" In 2018, another member of the College of Medicine administration, Dr. Leslie Beitsch, was reprimanded for sexual misconduct after an internal investigation substantiated allegations of unwelcomed sexual advances by three women. Furthermore, at least three professors have been found to have violated the university\u2019s sex discrimination and sexual misconduct policies within the last two years. Back story determines three professors committed sexual misconduct with students reprimands College of Medicine faculty member after sexual misconduct complaints President to students, staff and faculty: If you report harassment, 'We will investigate' Though he did not directly address the recent findings of the Zedaker investigation President Richard McCullough said the university is committed to protecting members of its community from \"any type of harassment \u2014 including sexual harassment,\" during his first state of the university address Wednesday afternoon. 'Feet to the fire president lists 'audacious goals' in first state of the university address He continued have a long history of being on the investigative side of sexual harassment in my 30 years in university life.\" \"If you make that report, we will investigate,\" he said during the virtual address. \"We will not hesitate and we will take disciplinary action when people are found guilty.\" Contact Christopher Cann at [email protected] and follow @ChrisCannFL on Twitter. Never miss a story: Subscribe to the Tallahassee Democrat using the link at the top of the page.", "8873_102.pdf": "\uf0e75 weather alerts \uf002 \uf26c Watch Now Quick links... By Digital Staff Posted 6:39 PM, Jan 14, 2022 Director of School of Physician Assistant Practice resigns amid sexual misconduct investigation \uf09a\ue61b\uf0e0 Florida State University is having a special graduation for those who missed in-person ceremonies last year due to the pandemic. Menu TALLAHASSEE, Fla. (WTXL) \u2014 The Director of Florida State University's School of Physician Assistant Practice James C. Zedaker resigned Friday amid an investigation that found him in violation of the school's anti-sexual misconduct policy, according to FSU. An investigation that was finalized on Jan. 4, 2022, began after a complaint was filed by a former university employee, the university confirmed to 27. Zedaker submitted his resignation from all positions with the university on Dec. 17, 2021, with an effective date of Jan. 14, 2022. An interim director has been appointed to Zedaker's former position. Florida State officials added that the university is not aware of any criminal charges against Zedaker. In response to Zedaker's resignation released the following statement: \"Reports of sexual misconduct are promptly investigated by Florida State University. As was demonstrated in this and other recent cases, it is important that violations of the university\u2019s sexual misconduct policy are promptly reported so the university can take immediate action. The university has established many pathways to report concerns and is diligent in its responsiveness.\" This is a developing story. Stay with 27 for updates. Copyright 2022 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. Sign up for the Headlines Newsletter and receive up to date information. 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Check The\u2026 Paid Content: FavoriteSearches \u2026 \uf09a \uf16d \ue61b \uf167", "8873_103.pdf": "1 Sexual Harassment on the Campus Spotlight on Problems and Solutions Report by the Faculty Senate Task Force on Sexual Harassment March 16, 2022 Prof. Petra Doan, Chair Prof. Todd Adams, Prof. Enrique Alvarez, Prof. Fran Berry Prof. Michael Blaber, Prof. Ralph Brower, Prof. Kathryn Jones Prof. Irene Padavic, Prof. Xinlin Tang 2 Section One: Purpose and Context for the Task Force During the Spring semester of 2021, an article in the Florida Phoenix by Lucy Morgan (Morgan 2021a) revealed that longtime Professor Richard Feiock had resigned from the University in the wake of sexual harassment complaints. More disturbingly, the article revealed that Professor Feiock had been the subject of a series of such complaints dating from 1991 and yet had remained a professor in the Askew School of Public Administration. He resigned immediately prior to being interviewed by FSU\u2019s Human Resources Office, which had been charged with investigating the most recent (2020) complaint Tallahassee Democrat article by Dobson (2021) also highlighted the case and raised concerns about how the University had handled it, given the years-long history of harassment complaints against this faculty member. After discussion in the Florida State University Faculty Senate Steering Committee, Senate President Dr. Eric Chicken called for the formation of a Task Force on Sexual Harassment to investigate recent sexual harassment cases. He invited several Faculty Senators to be members and provided the task force with the following charge: The initial charge and focus of this task force is understand the failings of recent harassment cases in terms of (1) reporting up the chain, (2) lack of openness, (3) timely action by admin, (4) reporting of findings. Longer term specific goals include determining ways to: reduce the number of incidents reduce the suffering of the victims make it clear how individuals can file complaints - including skipping supervisors who do not follow up let everyone know what is unacceptable behavior ensure people know their responsibility to report unacceptable behavior receive the numbers / frequency of complaints and the actions taken The Faculty Senate Task Force on Sexual Harassment began meeting in May of 2021. The Task Force interviewed faculty from the Askew School as well as faculty from other Colleges where complaints of sexual harassment had occurred, including in the College of Arts and Sciences and the College of Health and Human Sciences. These interviews focused on assessing which aspects of the complaint process, the investigatory process, and the communication processes went well and which were in need of improvement. We also interviewed Vice President for Faculty Development and advancement, Janet Kistner; Associate Vice President for Human Resources, Renisha Gibbs; Director of the Title Office, Tricia Bucholz; Director of HR-Equity, Diversity, and Inclusion, Michelle Douglas; Chief Compliance and Ethics Officer, Robyn Blank; Dean of the College of Medicine, John Fogarty; Dean of the College of Health and Human Sciences, Michael Delp; Chair of Biological Sciences, Dr. Thomas Houpt; representatives of the Graduate Assistants Union; and several faculty members. 3 We read documents from universities with high-profile sexual harassment cases to assess how they had revamped their reporting, investigatory, and communication processes in the wake of the investigations. We examined data from the Academic Sexual Misconduct Database (Libarkin, n.d.), an independent website that gathers publicly-available data. Finally, we gathered data from regarding the number of complaints and investigations related to sexual harassment in recent years, and reviewed public reporting of these incidents. We also reviewed redacted investigation reports for the five recent cases this report covers. Regarding the scope of this report, sexual harassment complaints of student-on-student harassment go through the Title office, and sexual harassment complaints involving staff and faculty are addressed by Human Resources, in the Office of Equity, Diversity and Inclusion (HR-EDI). The Task Force focused on the problems and possible solutions for the latter group and thus did not consider student-student harassment. The Task Force\u2019s goal is to report the experiences of people in the community who have been involved in the sexual harassment complaint and investigation processes, to provide details of problems experienced in these processes, and to offer thoughts about possible improvements. The members of the Task Force recognize that the potential for harm is great both for parties affected by harassment as well as for faculty members subjected to spurious complaints of harassment. It is not within the Task Force\u2019s authority to adjudicate the merits of any of these cases, but we do wish to highlight the seriousness of these issues. Accordingly, this report takes as its focus both the prevention of future harassment and the assurance that the reporting process and the subsequent investigations are transparent, thorough, and fair. The remainder of this report is divided into several sections. The second section presents a brief review of the literature regarding the extent, definitions, and consequences of campus sexual harassment at the national level. The third identifies points of weakness in FSU\u2019s processes by reporting on recent cases. The final section offers recommendations for improvements and identifies areas that need further study as continues to act on its commitment to protecting faculty, staff, and students from sexual harassment. Faculty Senators can access the investigative reports and the Memorandum by Robyn Blank (Blank 2021) outlining communication procedures in sexual misconduct cases by signing onto the Faculty Senate Canvas page. Section 2: Sexual Harassment in U.S. Universities The Faculty Senate Task Force recognizes that the viral expansion of the \u201cMe Too\u201d movement has helped shine a light on the seriousness and pervasiveness of sexual harassment in U.S. universities. Although not a thorough literature review, this section outlines the extent of the problem, definitions, some characteristics of perpetrators and victims, and the consequences faced by parties who have been harassed. The problem is pervasive. The National Academy of Sciences, Engineering, and Medicine (NASEM) recently conducted an intensive study of the levels and effects of the sexual harassment of undergraduate and graduate students by faculty or staff 2018). The 4 Report indicates that more than 50 percent of women faculty/staff and 20\u201350 percent of women students have experienced sexual harassment at universities (p. 172). Another national study is by the Association of American Universities, which conducted a climate survey at 33 universities with a total of 181,754 respondents, comprising 108,221 undergraduates and 73,531 graduate and professional students (Cantor et al., 2020). The researchers found that 42 percent had reported being harassed at least once since they had enrolled. Another recent study, conducted throughout the University of Texas System (Swartout 2018), found that 20 percent of undergraduate and graduate female science students, over 25 percent of female engineering students, and over 40 percent of female medical students had experienced sexual harassment on the part of faculty or staff (Swartout, 2018 similar study conducted of the Pennsylvania State University System revealed that one-third of undergraduates, 43 percent of graduate students, and half of medical students had been harassed by faculty or staff. These numbers suggest that the problem of sexual harassment is widespread. Definitions of sexual harassment vary. One that is useful was developed by the National Academy of Sciences Study on Sexual Harassment 2018; 28). The defines sexual harassment as a form of discrimination that is composed of three categories of behavior: (1) gender harassment (verbal and nonverbal behaviors that convey hostility, objectification, exclusion, or second-class status about members of one gender), (2) unwanted sexual attention (verbal or physical unwelcome sexual advances, which can include assault), and (3) sexual coercion (when favorable professional or educational treatment is conditioned on sexual activity). This definition is similar to the one developed by the Association of American Universities, which defines it as consisting of sexual connotations that interfered with an individual\u2019s academic or professional performance, limited the individual\u2019s ability to participate in an academic program, or created an intimidating, hostile, or offensive social, academic, or work environment (Cantor et al.). Another useful definition comes from the Office of Civil Rights in the U.S. Department of Education (U.S. Department of Education, n.d.). It holds that sexual harassment refers to sex- based conduct that satisfies one or more of the following: (1) quid pro quo harassment by an employee of an educational institution\u2014meaning that an employee offers something to a student or other person in exchange for sexual conduct; (2) unwelcome conduct that a reasonable person would find to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to an education program or activity; or (3) sexual assault (as defined in the Clery Act), dating violence, domestic violence, or stalking (as defined in the Violence Against Women Act). Each of these categories of misconduct is a serious violation that jeopardizes a victim\u2019s equal access to education. All these definitions make clear that harassing behavior can be either direct (targeted at an individual) or ambient (a general level of sexual harassment in an environment). The study (2018, p. 32) includes the following useful heuristic: 5 Figure 1. Source: National Academies of Sciences, Engineering, and Medicine 2018. Sexual Harassment of Women: Climate, Culture, and Consequences in Academic Sciences, Engineering, and Medicine, p. 32. 6 It can be hard to estimate the prevalence of sexual harassment because of difficulties collecting data direct query about having experienced it or not, for example, garners far lower positive responses than does a set of questions that instead itemize the specific behaviors that constitute sexual harassment but do not use the label (Ilies et al., 2003). This seems to point to a tendency for respondents to introduce distance between themselves and the category. Similarly, of the three major categories of harassment displayed in Figure 1, researchers have found that women who experience gender harassment (versus the sexual-advances type represented by the other categories) are seven times less likely to categorize the experience as sexual harassment (Holland and Cortina 2013). Hesitancy to report also makes it difficult to gather accurate data: over half (59 percent) of respondents who had experienced sexual harassment did not report it to their employer, the EEOC, the police or the media (Vagins and Gatta 2019, p. 5). Finally, the underrepresentation of women of color and sexual- and gender-minorities likely produces unreliable rates of prevalence for these vulnerable populations 2018). Nevertheless, it is possible to draw some conclusions about groups that are more likely to have been harassed. The Report notes that women are more likely than men to be targets of sexual harassment (NASEM, 2018, p. 171 survey of graduate and undergraduate students by the Association of American Universities (AAU) reveals that women graduate students were more likely than women undergraduates to have experienced harassment. The most marginalized populations, especially women of color, experience harassment at greater rates (e.g., Buchanan, Settles, and Woods 2008; Clancy et al. 2017; Cortina 2004; Cortina et al. 1998). Women who identify as lesbian, bisexual, or as having a non-normative gender-identity also are more likely to experience harassment, as are men who identify as gay, bisexual, and gender non-normative. One study of 629 employees in higher education (147 sexual-minority women, 82 sexual- minority men, 219 heterosexual women, and 181 heterosexual men) indicated that nearly 70 percent of sexual minorities (of both genders) experienced gender harassment, whereas only 30 percent of heterosexuals (of both genders) experienced it (Konik and Cortina 2008, p. 324). As for perpetrators of harassment, some basic characteristics tend to appear. Men are more likely than women to perpetrate sexual harassment (NASEM, p. 171). In the field of graduate biomedical and health sciences, one study (Espinoza and Hsiehchen 2020) used targeted Google searches and found that between 1982 and 2019, 125 faculty had been accused of sexual misconduct and that these incidents involved at least 1,668 targets. Particular faculty members represented a wide range of institutions, but over one-third came from institutions ranked in the top 50 universities by News & World Report. The vast majority of accused faculty members were men (97.6%), and the vast majority of the people they sexually harassed were women (91.5%). Most of the faculty perpetrators were senior faculty and administrators, including full professors, department chairs, and deans. The consequences of sexual harassment are profound for those who have experienced it. The national study found that 19 percent of student respondents had experienced harassing actions that had interfered with their academic or professional performance, negatively impacted their ability to participate in an academic program or had created an academic, work, or social environment that was intimidating, hostile, or offensive (Cantor et al., 2020 p, xiii). The Report highlighted the fact that \u201cwomen\u2019s experiences of sexual harassment are associated with reductions in their professional, psychological, and physical health 7 2018, p. 68) and pointed to three types of effects: reduction in the ability to perform in a work environment, reduction in school performance (i.e., GPA; degree acquisition), and reduction in personal health and well-being study of 311members of the American Association of University Women (Vagins and Gatta 2019) found pervasive negative impacts for women faculty who had experienced harassment large majority (86%) had experienced at least one form of sexual harassment during their careers smaller percentage had experienced sexual coercion (12%), unwanted sexual attention (61%), and sex-based harassment (65%). The consequences included decisions to leave a job early (38%) and disrupted career advancement (27%). Finally, the report highlighted the physical and emotional toll on women who have experienced harassing behaviors. Sexual harassment is a serious issue that damages employees and students and that reflects poorly on a university; thus, it deserves careful scrutiny and action by higher-level administrators to ensure that steps are taken to reduce its incidence. Section 3: Review of Recent Sexual Harassment Cases at This section provides a brief review of some recent cases of sexual harassment and misconduct. It begins with an overview of institutional data provided by Human Resources on cases since 2008 that involved a faculty member. The locus of investigation at has shifted over the years, and Human Resources took responsibility beginning in 2008. We note that the shifting of the responsibility for investigation has led to confusion about the housing of data from earlier cases. Following the overview of institutional data some of the highly visible cases in recent years are reviewed. The media have covered these incidents, so the information is not new, nor is the Task Force investigating or revisiting the findings of these cases; the intent is to unpack the processes set in motion once a complaint was made. The cases occurred in four colleges--Social Sciences and Public Policy, Arts and Sciences, Medicine, and Health and Human Science\u2014and the Task Force interviewed faculty and administrators familiar with these cases. These cases are not exhaustive of all misconduct and harassment cases, but they are high visibility cases that offer useful lessons. As noted above, investigative reports on the cases can be found on the Faculty Senate website. The first case considered below is that of Prof. Richard Feiock, Professor in the Askew School of Public Administration in the College of Social Sciences and Public Policy. This case is especially troubling since his pattern of harassment extended over a 30-year time horizon. The next is the case of Prof. David Gilbert in the Department of Biological Sciences in the College of Arts and Sciences. It is followed by the case of Dr. Ross May in the Family Institute in the College of Health and Human Sciences. The last set of cases are from the College of Medicine, and concern Dr. Leslie Beitsch and Dr. James Zedeker. 8 Institutional Data The Task Force requested that the Equity, Diversity, and Inclusion Office in Human Resources provide recent data on the number of complaints, formal investigations, and outcomes of cases for the past 14 years. These data are presented graphically below and show an average of two instances of substantiated sexual harassment cases each year over the period 2008-2021 substantiated determination means that the allegations, as determined through a thorough investigation, are a violation of policy. We now turn to details of the recent cases in the four colleges mentioned above. 9 Incident in the Askew School of Public Administration and Policy in the College of Social Sciences and Public Policy Numerous allegations of sexual misconduct by Professor Richard Feiock of the Askew School of Public Administration and Policy arose over a more-than-30-year timeframe. During that lengthy period, the office responsible for investigations changed, and the most serious problems with investigation and sanctions described below predate the formation in 2008 of the current HR-Equity, Diversity and Inclusion office. Professor Feiock\u2019s inappropriate conduct was initially reported to Askew School faculty in 1988, and a report was filed in 1991 with Steve Edwards, the Dean of Faculties (today the Vice President for Faculty Development and Advancement fills a similar position) based on allegations from several students. In response to these complaints, the former Dean of the College of Social Sciences (now the College of Social Sciences and Public Policy), Chuck Cnudde, told Professor Feiock to receive counseling but imposed no further sanctions. Over the years, colleagues and students continued to observe Professor Feiock engaging in harassing behaviors toward women students at conferences and in social settings off campus. Students discussed upsetting incidents with faculty, but asked that their complaints not be formalized. Specific incidents in 2005 and 2016 generated reports of inappropriate touching and sexual propositions, but these did not result in formal sanctions. Although Dean Rasmussen was made aware of these continuing concerns, he chose to take no other action. In fact, despite these incidents, beginning in 1991, Professor Feiock was tenured and promoted twice. Moreover, due presumably to his strong record of research funding, he was subsequently appointed to an endowed chair and another named chair. He became well known in the field of public administration because of his prolific research and publishing, and this renown attracted students to his \u201clocal governance laboratory,\u201d which operated in a somewhat secretive climate, making it difficult for faculty colleagues to monitor activities there. The lack of administrative action may be why a \u201cwhisper network\u201d arose within and the Askew School and also among women scholars in the broader Public Administration field. This whisper network accumulated numerous alleged but unreported instances of misconduct. Some of the affected parties were female international faculty at other universities and international students in the Askew School who may have felt that their funding status or future career trajectories were dependent on Professor Feiock\u2019s research funds, supervision, and professional networks. But a number of the concerns came from domestic students, so his advances were not directed only at international women students. Askew School faculty also received informal reports from prospective international women students who chose to avoid the Askew School because of Professor Feiock\u2019s reputation. In early January, 2020, another sexual misconduct case arose when several Askew School doctoral students received a string of text messages involving a recently departed visiting doctoral student from China who had been sponsored by Dr. Feiock review of these exchanges revealed messages between Professor Feiock and the woman student, several of which expressed his attraction and \u201clove\u201d for her. The students who received the emails shared them with Askew School faculty, and two senior professors filed separate reports about the case 10 to FSU\u2019s Title office. The office acted swiftly, and based on the severity of the reports made a determination within 72 hours. Upon being advised of the results of the initial investigation, Dean Tim Chapin of the College of Social Sciences and Public Policy placed Professor Feiock on administrative leave and instructed him to have no contact with students or others involved in the case. The investigators learned, however, that Professor Feiock had contacted the victim to advise her about what to tell investigators, and Dean Chapin subsequently warned him again about the no-communications directive. An investigation immediately ensued, and students and faculty were interviewed by FSU\u2019s compliance investigators. The Human Resources office notified the National Science Foundation (NSF), Dr. Feiock\u2019s granting agency, at the start of the investigation and at its conclusion. The University also took possession of records, emails, and computer files in Professor Feiock\u2019s office, which included, among other things, what appeared to be a photo of Professor Feiock\u2019s genitals. In March, 2020, Dean Tim Chapin was directed by higher administration to approve Professor Feiock\u2019s request to resign--one day before Professor Feiock\u2019s scheduled interview with the University\u2019s investigators. The investigation was terminated at that time, without a finding of substantiated or unsubstantiated. Communication about the case was limited continued to work with the Dean to provide information to those who were impacted, particularly the students who were currently enrolled in the program and had worked with Professor Feiock year later, in March 2021, after the Morgan newspaper articles, Dean Chapin and Renisha Gibbs, Associate for Human Resources, invited students, faculty and staff to attend a Town Hall meeting about combatting sexual harassment to discuss the case and its aftermath. Askew School faculty were frustrated in their efforts to get copies of the final report. The case was not publicly disclosed, even to the faculty who had made formal complaints, until Lucy Morgan, a Pulitzer-prizewinning journalist with the online Florida Phoenix, published a series of four articles beginning in March, 2021, about the case and the consequences to former women students of Professor Feiock\u2019s behavior. After the first of Ms. Morgan\u2019s articles, the story was also picked up by other local and national print and broadcast media. The University does not produce a public report on investigations, including sexual harassment investigations, due to privacy/confidentiality concerns (Blank, 2021). However, all reports and documents are subject to public records request and are accessible (with appropriate redactions) via a public records request to FSU\u2019s Office of the General Counsel. Following publication of the first Morgan article, the Askew School faculty wrote a letter to all Public Administration students and the administration in which they acknowledged their failure to protect students and asked the University to likewise acknowledge its institutional failures, which, they stated, included the following: a) failing to properly heed earlier accusations and discipline Professor Feiock, b) awarding distinguished chairs to Professor Feiock despite administrators\u2019 knowledge of earlier infractions, c) failing to retain records at the University level of any complaints or disciplinary actions and e) the University\u2019s failure to report the 2020 incident in a timely manner so as to allow victims, faculty, and others to find closure and to provide factual information to other universities where Professor Feiock was seeking employment. 11 The Askew faculty also presented several proposals to the Faculty Senate in April 2021, where they received mixed reactions (See Minutes of the Faculty Senate for April 14, 2021). But the Senate\u2019s discussion about apparent institutional missteps over the years led Senate President Dr. Eric Chicken to appoint a task force to provide analyses and recommendations about the broader set of issues around sexual misconduct on campus. Despite the profoundly negative impact of the Feiock case on the affected women students and on the image of the Askew School and the University, a few small steps taken by Askew School faculty, alumni, and by Tim Chapin, the Dean of the College of Social Sciences and Public Policy (COSSPP) have led to positive consequences, as follows: 1) Following the Florida Phoenix articles, Askew faculty led several group counseling sessions with current students and doctoral program alumni, and, although sometimes characterized by considerable angst, these sessions were productive in helping people begin to process their concerns and feelings. 2) The Askew School administered a climate survey to solicit doctoral students\u2019 perceptions of the sexual misconduct situation and then used the information to inform department-level planning for counseling sessions and department-level training. 3 Dean Chapin conducted a series of townhall meetings with faculty and staff regarding the Feiock case and general issues about campus sexual misconduct, during which he affirmed the College\u2019s commitment to helping create a campus where sexual misconduct has no place. 4) The Askew School faculty sought and received training from FSU\u2019s Office of Equity, Diversity and Inclusion about sexual-misconduct reporting obligations Dean Chapin also organized a number of HR-led trainings for faculty, staff, and students in the College. These trainings were attended by roughly 75 individuals who work and study in the college. 5) COSSPP\u2019s Allyship Committee, led ably by Professors Deana Rohlinger and Will Butler, also met regularly about this, provided feedback to the College community, and shared feedback and advice on how to move forward. 6) The Allyship Committee and leadership are working with units to institutionalize a Climate Survey, and learned that several units (Urban and Regional Planning, Sociology, and Geography) already were doing regular climate surveys. 7) Askew School faculty and doctoral alumni informally advised networks within the profession about the Feiock case, which precluded his ability to gain employment in some university positions, including ones in China, South Korea, Taiwan, and the Philippines. 12 8) The Askew School\u2019s presentation to the Faculty Senate precipitated a discussion that led to the formation of the Sexual Harassment Task Force. 9) Two doctoral program graduates published an article about the case (Young and Wiley 2021), entitled \u201cErased: Why Faculty Sexual Misconduct is Prevalent and How We Could Prevent It.\u201d Visibility in an important journal for professional education in Public Administration may help guide other programs dealing with similar issues. These two graduates also precipitated Lucy Morgan\u2019s interest in the case. 10) As a result of exposure given to the Feiock case, several professional associations within Public Administration subfields have formally undertaken open dialogue to address the problems of sexual misconduct and harassment. For example, at its annual conference in November, 2021, the Association for Research on Nonprofit Organizations and Voluntary Action sponsored a colloquium in which several Askew School graduates, in concert with other concerned scholars, formulated a set of recommendations from which the Association is building a code of professional conduct. Thus, while many aspects of the 30-year career of Professor Feiock are very troubling, the attention it garnered has led to some positive changes in the local setting and at the national professional-association level. Incident in the Department of Biological Science, College of Arts and Sciences Dr. David Gilbert was a Professor in Biological Science from 2006-2021, and during most of that time was also the J. Herbert Taylor Distinguished Professor of Molecular Biology. On January 9, 2020, Dr. Gilbert sent an email to a Biology graduate student describing an erotic dream involving her. The student had had previous conversations with Dr. Gilbert in which he had made unwanted sexual comments, and he also had invited her to go on an international trip with him \u201cin lieu of his wife,\u201d from whom he had recently separated. The student found his behavior inappropriate and discussed it with other students in the Department. From these conversations, she learned of other incidents of sexual comments made by Gilbert as well as unwanted attention bestowed on female students and employees. The student then filed a complaint with the Human Resources Office and informed mandatory reporters in the Department, who also reported the student's concerns to the Human Resources Office. The student met with a Victim Advocate to discuss disclosure options and arranged a meeting to be held with met with the student, her boyfriend (a fellow Biology graduate student) and her faculty-member Advocate for an information session. The three options were explained: 1) report only, no action; 2) formal complaint with a possible investigation and determination of policy applicability; and 3) informal resolution to address the behavior without a predetermination of a policy violation. The student chose option #3. The student later explained to another faculty member that she had found the information about how to initiate an investigation confusing. She explained to her faculty advocate that she found the verbal explanation unclear in regard to the procedural steps taken in an \u201cinformal 13 investigation\u201d relative to those taken in a \u201cformal investigation.\u201d (And the Task Force notes that the Sexual Misconduct Policy does not use the word \u201cinformal.\u201d) It turns out that she hadn\u2019t gone through the steps to file a formal investigation. The faculty advocate who assisted her in communicating with the similarly found the process of initiating a formal investigation confusing. After further interaction with HR-EDI, which clarified the steps that would follow from each of the three choices, the student chose option 2, formal complaint. The practice of communicating procedures verbally during a meeting promotes positive interactions that are important to affected parties, but receiving the information at the same time in written form, as well, might lessen the chance of confusion for affected parties who are understandably upset. In the course of the investigation, the interviewed an undergraduate student, several graduate students, several faculty, and Dr. Gilbert. The interview notes include appendices with email chains and text threads supplied by the interviewees, and Dr. Gilbert confirmed several incidents. The Human Resources office notified the National Institutes of Health, Dr. Gilberts\u2019 granting agency, at the start of the investigation and at its conclusion. The investigation concluded on April 17, 2020, with a report finding that it was more likely than not that Dr. Gilbert had engaged in behavior of a sexual nature that was both severe and pervasive and that had created a hostile environment, in violation of the University\u2019s Sex Discrimination and Sexual Misconduct Policy. Substantiated allegations that contributed to the findings included the email about the erotic dream and several other comments to the initial reporting party, inviting an undergraduate student to canoe with him near his home; inviting a female student to accompany him on a trip to Japan unrelated to any academic purpose, kissing an undergraduate student on the neck at a laboratory party, and multiple sexual comments to female students. Per protocol, the finding was referred to the Human Resources Faculty Relations office, which works with college administrators (Provost, Dean, Chair) to determine the appropriate discipline. Dr. Gilbert was suspended without pay for 10 days and lost the title of J. Herbert Taylor Distinguished Professor of Molecular Biology. In the summer of 2021, Dr. Gilbert voluntarily left to take a position at the San Diego Biomedical Research Institute. Incident in the Family Institute and the Department of Family and Child Sciences in the College of Health and Human Sciences Dr. Ross May was hired as a post-doctoral fellow at the Family Institute, where he worked from 2012-2014 and was supervised by the Director of the Family Institute. In 2014, he was appointed as the Associate Director of the Family Institute, and in 2016 he was appointed as a Research Assistant Professor in the Department of Human Development and Family Science formal complaint was made in February of 2020 alleging that at a going-away party for a student during the Fall, 2019, semester, Dr. May had pressured a student to get drunk, hugged her \u201cin a forceful way\u201d (as visible in a photograph), and bet another student $50 he could have sex with her by the end of the semester. An investigation was undertaken by staff from the Human Resources Equity, Diversity, and Inclusion Office. The investigator interviewed Dr. May and a number of faculty and graduate 14 students who were witnesses to these events. The investigation was completed in May, 2020, and determined that the claims were substantiated and that \u201cDr. May has engaged in a pervasive pattern of inappropriate and unprofessional behavior over the past four years with both undergraduate and graduate students over whom he has held a position of authority.\u201d Moreover, the investigative report substantiated the allegation of a Hostile Academic Environment Based on Sexual Misconduct (Sexual Harassment). Accordingly, a termination letter was sent by Dean Michael Delp, notifying Dr. May of his termination and giving him approximately two months to continue working with Dr. Fincham to transfer data-collection methodologies that were critical to the completion of this grant-funded research. Upon separation from FSU, he was removed from the system. However, unbeknownst to many, he continued to work with Dr. Fincham on the data and manuscripts, and he invoiced for the time he worked as an independent contractor. Upon learning of Dr. Fincham\u2019s actions in retaining Dr. May determined that payment was due, since he had already completed the invoiced work. The original termination letter included a proviso specifying that Dr. May not come to campus or have any interaction with students, and this was agreed to by all parties. Upon learning that Dr. May had been included on several emails between an researcher and students working on that project, in violation of the proviso, the Dean intervened to halt such communications and to discipline the researcher who had initiated them faculty member told the Task Force that the faculty and graduate students were never appraised of the circumstances of Dr. May\u2019s termination and were upset about this silence. When Task Force members interviewed Dean Delp and asked about this, he said that after reviewing the policy on sexual harassment reporting, he felt that it was improper and likely illegal for him to distribute a letter containing the details of Dr. May\u2019s termination. He consulted with and Provost Sally McRorie and requested that the General Counsel approve such a notification. He was informed that the Provost would send a letter informing faculty of the incident and Dr. May\u2019s termination. In discussion with six faculty in that department, however, the Task Force noted that none could find a record of an email announcing this termination, although provided the Task Force with a copy of an email to the department\u2019s faculty from Provost McCrorie dated April 30, 2021. Since then, Dr. May has found alternative employment newspaper article in the Pensacola News Journal reported that Dr. Ross May was teaching two online classes at the University of West Florida, and continued: \"The university was unaware of this investigation when Ross May was hired as an adjunct instructor,\" said Provost George Ellenberg. \"The extensive background checks the university routinely conducts do not show incidents such as this; however, we are currently analyzing the process that was used to hire May\" (Wood November 16, 2021 Google search indicates that Dr. May was subsequently employed by Tallahassee Memorial Hospital for a period of time. Once again, it is unclear if the employer was aware of the reason for his termination. 15 Incidents in the College of Medicine Incident 1 Dr. Leslie Beitsch has a from Harvard University and an from Georgetown University. He was on the faculty at Florida State University from 2003-2021 and served as Chair of the Department of Behavioral Sciences and Social Medicine in the College of Medicine current female employee working in the College of Medicine filed a formal complaint regarding an incident of unwelcome sexual advances from Dr. Beitsch. In the course of the investigation, two additional former female employees were identified and interviewed. These events occurred between 2014 and 2019. Each woman alleged that Dr. Beitsch touched her thigh while seated at various events. According to the investigation, there was no \"collusion\" among the women, meaning that their accounts were independent and not the product of conversations among themselves. The University found the allegations substantiated and determined that they constituted a conflict of interest due to Dr. Beitsch\u2019s institutional authority in the College and the women\u2019s subordinate work positions. The finding was referred to Human Resources Faculty Relations who worked with the Dean of the College of Medicine, Dr. John Fogarty, in determining the appropriate discipline. Dr. Beitsch received an official reprimand in October 2019, was directed to take sexual misconduct training (which he did), and was informed that a recurrence would result in further disciplinary action. Dr. Beitsch was in the state\u2019s Deferred Retirement Option Program (DROP) and had made it clear for several years that he planned to retire in 2021. He stepped down from his Chair role in December 2020 to allow a smooth transition for his replacement in January 2021. Dr. Beitsch retired as planned in July 2021; his stepping down as Chair and his retirement were unrelated to any investigation. Incident 2: Dr. James Zedaker was an Associate Dean in the College of Medicine and was a faculty member in the School of Physician Assistant Practice from 2016-2022. He also served as Director of University Special Projects for the Health and Emergency Operations 19 Clinic from 2020-2022. Two female staff who worked at the Covid testing/vaccination site but were not students or faculty in the Physician Assistant program alleged that Dr. Zedaker made discomfiting comments, sent sexually-oriented texts, and bought them unsolicited gifts. Human Resources responded quickly and initiated a formal investigation. Text exchanges confirmed by investigators include Dr. Zedaker having asked one of the women, a subordinate, to dinner on Valentine's Day, inviting her on trips that he would cover financially where they would share a hotel room, and offering to come over to her house. The other woman reported having received a $5,000 bonus and was subjected, either in person or by text, to comments about her appearance and requests for hugs. The office interviewed the women, along with Dr. Zedaker, who denied many of the allegations but admitted others. The investigation found that objectively, based on a reasonable 16 person standard, his actions were romantic and/or sexual in nature, could be interpreted as romantic and/or sexual advances, were unwelcome, and were potentially grooming in nature. On December 21, 2021, Dr. Zedaker submitted his resignation, with an effective date of January 14, 2022. The Dean wrote to the College\u2019s faculty/staff/and students that same day informing them of his resignation and the reason. Section 4: Recommendations In this section, the Committee offers 21 recommendations, drawing on findings from the cases described in Section 3. 1. We recommend that the Administration produce a flow chart of the investigative process, with hyperlinks to various sections of the Sexual Misconduct Policy. The KnowMore website is quite strong on resources for getting help and support but less strong when it comes to sending complainants directly to information about their particular concern. The complainant needs to realize the need to click on \u201cTitle IX\u201d and from there has to move down five places before arriving at FSU\u2019s Anti-Sexual Misconduct Policy, the document that describes the process used to investigate complaints about students, about employees, and about FSU-School personnel. (The policy can be found here.) The document is 50 pages long and describes the general policy, followed by long appendices about each of the three groups (students, employees School employees). Even readers experienced with complex policies can become confused, thinking they are reading material that applies to all three parties, when in fact it applies to only complaints about a student respondent, for example. The Task Force envisions a flow chart that starts by directing the reader to the three types of complaint. The flow chart would then itemize each step of the complaint, investigation, and resolution, with hyperlinks for each item. The Task Force members believe such a system would make the process much more understandable. Another possibility is to create a document that contains much of the information in the Policy but is more accessible to the average user, and create hyperlinks from the flow chart link to this new document. We envision a document that is not as legalistic as the Policy and yet contains more information on the process than does the University\u2019s Sexual Harassment Training video. 2. The Office of Equity, Diversity, and Inclusion webpage should be updated to include sexual harassment as an area falling under its purview. Neither sexual harassment nor sexual misconduct appears on the homepage, even though this office is the main body for reporting and investigating these behaviors. This omission minimizes the importance of the issue and should be corrected. 3. We recommend that response and communication practices be clearly specified so that affected parties know exactly how the process plays out and approximately how long each phase lasts. 17 The Task Force heard a great many complaints from affected parties about having felt completely \u201cin the dark\u201d during the course of the investigation. The office should respond to an initial complaint within 2 or 3 business days, if possible, and should keep the affected party informed as each step is undertaken. 4. We recommend that review the public-facing security settings on the \u201creport.fsu.edu\u201d website and that it provide a link to the Sexual Misconduct Policy. The \u201creport.fsu.edu\u201d site is a main way to report an incident. But several members of the task force, some of whom used a Google search rather than going directly to the report (as might a complainant), saw a \u201cnot secure\u201d identifier, which could potentially lessen a person\u2019s willingness to file a report. The reporting form itself is a secure site, but it is important that the method for arriving there is, as well, since it might increase the report rate. Another modification is to add a link to the Sexual Misconduct Policy in the introductory paragraph of the reporting form, as potential reporters may be uncertain about what constitutes harassment, which might reduce willingness to report. 5. We recommend that when a complainant or someone with a question is interviewed by personnel in one of the offices associated with sexual harassment, they be given a written document that describes the reporting options. Ideally the options would be components in the flow chart referenced above. In the Biological Sciences case, the affected party had thought she had filed a formal complaint, when, in fact, she had chosen an informal one. The options were verbally laid out at a meeting with EDI, but it seems that a verbal explanation conveyed at a meeting where the affected party is understandably upset was not enough. The affected party did not fully understand the implications of the choice she made, nor did the faculty member who accompanied her. This does not mean the information wasn\u2019t conveyed; it means that it wasn\u2019t conveyed effectively, which could perhaps be remedied by including a written explanation of the options. Finally, such information needs to be easily accessible, perhaps in a document that is more user-friendly than the official Policy, as noted in Recommendation 1. 6. We recommend, to the extent possible, that identifying information about an affected party be redacted. The Task Force heard from interviews with students that some hesitate to file a complaint because of concerns about retaliation and other possible negative consequences, and thus never hears of some complaints. While the names of affected parties do not appear in investigative reports, other identifying information, for example, about the nationality or year in school of an affected party, should be redacted, to the extent permitted by law. 7. We recommend that in order to mitigate any perception of bias that an outside investigator be hired in cases where a conflict of interest exists between a respondent and an administrator assigned a role in the investigation or resolution and in cases where the respondent brings in large amounts of grant funding. 18 It is important that the University community have confidence in the impartiality of an investigation. The Task Force is not implying that any investigations have lacked integrity but instead that perceptions matter. Thus, in cases where a relative of a respondent is in the office of a member of the investigation team or when a respondent brings in large amounts of grant funding or is otherwise in a powerful position, the investigation should be conducted by an impartial third party. Doing so would allay any perception that relationships, institutional power, or grant-getting might have influenced the process. 8. We recommend better communication when an investigation is completed and the charges substantiated. Section 3 reports a wide range of experiences on the dimension of communication and transparency after an investigation is completed. At one end was the Dean of the Medical School who emailed employees about the most recent investigation immediately after it was concluded. At the other end was the lack of notification in regard to the Feiock investigation, which faculty only became aware of when the Tampa Bay Times article appeared, despite their requests for information. In the College of Health and Human Sciences case, it seems no notification was apparently received by faculty, leaving them to rely on a newspaper article for information. 9. We recommend that the University create guidelines indicating who--whether HR, Department Chairs, or Deans\u2014is responsible for notifying faculty, staff, and students of the results of an investigation in which the claims were substantiated. As it stands, there appears to be confusion about whom, if anyone, informs the campus community about the results of an investigation. In some cases it has been the Dean, in others the Chair, and in others no one. Guidelines indicating the roles of these groups in information- dissemination are in order, keeping in mind restrictions about campus-wide announcements per the Robyn Blank Memorandum (Blank 2021). 10. We recommend that a secure home in a specified office be designated for the personnel files of faculty for whom claims were substantiated. Currently, these files have a secure home. But Universities, like all organizations, reorganize from time to time, and if the home were to move to a different office, having an established mechanism to preserve the security and integrity of the reports is essential. In the past, these kinds of changes have led to problems. In the Feiock case, the University could find no record of complaints, perhaps because the responsibility for investigations changed offices. Regardless of the reason, a secure home in a specified central office and in each College should be established so that reports are kept secure long term. 11. We recommend mitigating students\u2019 concern about possible retaliation for reporting sexual misconduct by ensuring that a student\u2019s funding and advisement will continue uninterrupted despite a report. We further recommend that this policy be advertised on the website and that the Provost contribute any funding needed to ensure students\u2019 funding continuation. 19 Students in good academic standing who depend on financial aid and advising from responding parties should be held harmless. Affected graduate students should be reassigned to other supervisors or office spaces immediately rather than awaiting a finding before remediating action is taken. Currently, this is the practice, and is what happened in the Biology and Askew School cases. The University takes \u201cinterim measures\" in which office works with departments to ensure that impacted parties remain \"whole\" during and after an investigation. The Task Force recommends that this policy be widely advertised in order to assuage any student fears about stepping forward. We further recommend that a dedicated source of funding be identified to support impacted students who might otherwise lose their funding; continued funding should not be contingent on the availability of College funds. By making this policy known, it should encourage more students to come forward. 12. We recommend greater transparency about the criteria used in a determination of responsibility and about the penalties associated with a violation. The Committee notes that better access to basic information about the types of information the investigative team considers in making a determination would go a long way towards inspiring confidence in the outcome. The criteria clearly appear in an appendix in the 50-page policy (see page 28 in the Policy), but finding them requires more searching than is desirable. Similarly, the sanctions listed in the Policy (page 28) should be more readily accessible. One possibility is for the flow chart described in Recommendation 1 to include a link to these spots. 13. We recommend that Administrators refrain from using the term \u201czero tolerance\u201d to describe their orientation to sexual harassment and misconduct. This expression is often taken to mean that policy violation will result in termination. In the case of sexual misconduct and harassment at FSU, however, it means that each case will be pursued vigorously and thoroughly. To avoid misunderstanding, it is better to simply eschew the expression. If it is used, an explanation should be made about what is meant by it. 14. We recommend that when a respondent is not interviewed, either because of leaving employment or any other reason, the Investigative Team should nevertheless reach a conclusion based on available evidence. In the Public Administration case, because the respondent left employment without having been formally interviewed, a formal finding in the case was never made. The Committee believes that when a responding party refuses to testify on their own behalf (perhaps because they have left the institution) that does not constitute a reason to stymie an investigation. Instead, the report could note that an attempt was made to gather the respondent\u2019s perspective, the respondent declined, and so a finding was reached without that information. 15. We recommend that the University appoint a Task Force to consider ways to post a public-facing report about substantiated cases. We recommend that a University Task Force be established to examine ways to make the findings of substantiated cases more readily available without having to submit a public-records request, and this should be done while keeping within the constraints outlined in Robyn Blank\u2019s 20 memorandum. There are several arguments in favor of such a site. Posting this information would allow the University to \u201cget out in front\u201d of a situation rather than having to respond to media reports. Providing the information from a centralized office also would have the advantage of relieving individual deans/chairs of the burden of informing units, an area where communications have broken down in the past. Such a site also ensures that colleagues and students who might work with respondent are aware of the situation. Finally, doing so would reduce the need for interested parties to file public records requests in order to gather information about the cases. 16. We recommend that the University create a website, updated annually, indicating the number of complaints received, number of investigations completed, and number of investigations found substantiated and unsubstantiated. Presenting such data would reassure the University community and others that action is taken on all complaints. It would also give some sense of the prevalence of harassment. 17. We recommend that public records requests for case reports be responded to more promptly. The Committee encountered significant time lags in obtaining some reports. Requests filed for two different reports took 2.5 and 4.5 months to be fulfilled. The two most recent requests from the Task Force were responded to in 1-2 days. 18. We recommend taking whatever action is possible to apprise future employers about the harassing behavior of a respondent once they have left FSU. Committee members appreciate that alerts all federal funding agencies with which the respondent has dealings of accusations of harassment and outcomes of investigations. The Committee also recognizes that it is difficult to alert potential employers other than via a \u201cwhisper network,\u201d since potential employers number in the thousands. We note, however, that all employees are required to be evaluated annually for the preceding calendar year\u2019s activity. These reports become part of the employee\u2019s permanent file, which potential employers can request as they go about due diligence. Thus, even in the event of separation from the University, the annual evaluation could explain the reasons for a negative evaluation. 19. We recommend that an academic authority, either the Provost or the Vice President for Faculty Development and Advancement, be more clearly identified as the \u201cgo to person\u201d in cases where an affected party believes that their claims have not been heard. While current practice identifies these role incumbents as serving this function, the Task Force recommends making their commitment more explicit. The former Dean of the College of Social Sciences, David Rasmussen, failed to act for many years on reports, including from the Chair, regarding Dr. Feiock\u2019s harassing behavior. The Committee believes that the KnowMore website should make it clear that in cases where an affected party feels the case is being blocked at a 21 lower level that they are welcome to approach the Provost or the Vice President of Faculty Development and Advancement for redress. 20. We recommend that the University\u2019s mandatory sexual harassment training be readily available for those who want a refresher course. The KnowMore website link to training goes to a presentation geared to students, ( Finding the Sexual Harassment Training module designed for employees turns out to be a daunting task. After going to my.fsu.edu, one clicks the \u201cHR\u201d icon, selects \u201cLearning and Development,\u201d selects \u201cRequest Training Enrollment\u201d from the menu. Then the employee selects \u201cSearch by Course Name\u201d and types in a term likely to work, in this case \u201cSexual,\u201d and hits \u201cSearch.\u201d In the table that appears, in the row labelled. \"NonDiscrimin/Sexual Misconduct,\u201d they would click on \u201cView Available Sessions,\u201d and from there click on the session named \u201c3000 person can then enroll and wait up to two hours for Omni and Canvas to synch direct link to the training module from a website devoted to sexual harassment would be an improvement. 21. We recommend that the University devote resources to training principles aligned with those put forth by the National Academy of Sciences, Engineering, and Math. The report (2018) concludes that positive effects were mostly likely when training included the following elements: \u2022 lasted more than 4 hours \u2022 was conducted face-to-face \u2022 included active participation with other trainees on interdependent tasks \u2022 was customized for the audience, and \u2022 was conducted by a supervisor or external expert. We would add that the training also should be culturally competent and sensitive to differences in various cultural and linguistic contexts and to the experiences of people with diverse sexual and gender identities. The University\u2019s existing Green Dot bystander-intervention program incorporates many of these elements and might serve as a model for meeting these suggestions. The program is available to faculty, staff, and students task force member attended a three-hour workshop and believed that some of the principles\u2014which align with those endorsed by the NASEM\u2014 would apply to faculty trainings, as well. He was impressed with the quality of the training, particularly with how well small groups worked together to respond to the scenarios presented. The session was participatory. Trainees gathered in groups of six or eight and heard live presentations of cases, after which the groups brainstormed interventions. The Task Force member found the training effective for several reasons: a) it was participatory, b) group dialogue uncovered aspects of cases that individuals might have overlooked, c) the cases presented were nuanced, which generated thoughtful dialogue, and d) it was sensitive to varied cultural contexts, such as faculty and students coming from international settings and those 22 communicating in English as a second language (although it did not address the experiences of people with diverse sexual and gender identities). At the present time requires employees to complete an online training course, and units may also request training presentations, which in non-pandemic times are delivered face-to-face. We note that online training, while efficient, is generally less effective than live training 2018). And we also note that the Task Force has heard reports that HR\u2019s live presentations tend to be generic and not particularly geared to the situations confronted by faculty and students. The Task Force recognizes the considerable resources that adopting the recommendations would require. Nevertheless, on an issue that is so vitally important, where the lives of vulnerable populations on the line, such resource allocation is appropriate. Conclusions The sexual harassment investigation and determination process should place the health and well- being of the people involved first and foremost. The reputation of the institution should be a secondary consideration. Protecting victims and reducing their number is key, while keeping in mind that the accused party is not guilty until an investigatory process determines that a claim is substantiated. We believe that is committed to the protection of all members of the community, and we hope that the Task Force\u2019s findings about what does and does not work and the recommendations for improvements are useful in attaining that goal. We begin with the observation that the investigation, treatment of affected parties, and responsiveness to requests for information have improved dramatically over the past 30 years task facing the University now is to assure faculty, staff and students\u2014and affected parties, in particular\u2014that present-day complaints will be handled in a way that encourages confidence in the process. The purpose of the Task Force was to look into recent sexual harassment cases with an eye to understanding what went wrong and how could improve existing processes. The Faculty Senate President asked the Task Force to pay special attention to possible problems in reporting up the chain, openness and transparency, the timeliness of administrative action and the reporting of findings. Longer term specific goals include determining ways to reduce the number of incidents, reduce victims\u2019 suffering, suggest improvements to the complaint-reporting process, clarifying how to ensure community members understand what constitutes unacceptable behavior, and set up a system for ascertaining the frequency of complaints and their resolution. The Task Force gathered information from national reports regarding the pervasiveness of the problem, the groups most likely to be affected by it and the groups most likely to engage in it, and the consequences for individuals. We then gathered data on several recent cases at FSU. In doing so, we turned to investigative reports gained via public-records requests, newspaper coverage, examination of policies and websites, and extensive interviews with administrators, faculty, and students. Based on 23 these data, we arrived at a set of recommendations that we believe will make a safer haven for faculty, staff, and students. They can be summarized as follows. We believe that communication can be improved on a number of dimensions. The 50-page Sexual Misconduct Policy is the sole document laying out procedures. It is comprehensive but difficult for a layperson to follow, since it covers separate procedures for three different groups (students, faculty, FSU-School faculty) and because it is, understandably, written legalistically. We suggest adding a flow chart describing the investigative process, with hyperlinks to various sections of the Sexual Misconduct Policy. The flow chart could also be used when counseling affected parties face-to-face about their options, as hearing options is complemented by seeing them written out. Other communication improvements entail advertising actions the University already engages in, for example, the practice of guaranteeing continued funding and immediate remedies for a student complainant and the practice of having the right to turn to the Provost or the of Faculty Development and Advancement if an affected party believes a complaint is not being followed through on at lower levels. It is one thing to have procedures in place and another to ensure that people are aware of them. This matters, as it is likely to increase reporting rates. Effective training is key to any organizational change, and at the most minimal level, the existing online training module could be more easily accessible, and at the maximal level, training could be revamped in accordance with the guidelines that recommend that training last several hours, be conducted face-to-face, include active participation, be customized for the audience, and be conducted by a supervisor or external expert. The Task Force would like to see greater transparency when an investigation concludes that charges were substantiated, although we acknowledge the difficulty in doing so, as laid out in Robyn Blank\u2019s (2021) memorandum. Our investigation showed that results are unattainable except by public-records requests and that communication about a case to faculty, staff, and students in a unit was not always forthcoming. Many involved parties expressed frustration at having to turn to newspaper accounts to gain information. To the extent possible, efforts should be undertaken to not leave the University community in the dark about substantiated complaints. The Task Force is concerned that responding parties found to have violated the Sexual Misconduct Policy can seemingly find other employment with an employer unaware of their misconduct, and we would like to see steps taken\u2014most obviously including substantiated claims in personnel records\u2014so that such information is readily available when an employer vets a potential hire. Including such information in a personnel file might entail changing the current practice wherein a finding is simply not reached if the responding party leaves finding, with caveats about how the responding party did not respond, could be reached in such cases, making it more likely that a potential employer will see the information. Finally, the creation of a website regularly updated with the number of complaints received, number of investigations completed, and number of investigations found substantiated and unsubstantiated would reassure the University community and others that action is taken on all complaints. Besides offering some sense of the prevalence of harassment, such a site would also reassure members of the University community that action is taken on all complaints. 24 In sum, the Task Force concludes that the process has greatly improved in recent years, and we look forward to further improvements in the future. References Blank, Robyn. 2021. \u201cInquiry outcome for review of communication procedures in sexual misconduct cases.\u201d Memorandum to Dr. Eric Chicken Board of Trustees, August 6. Office of Compliance and Ethics, Florida State University. [Available on Faculty Senate website.] Buchanan, N. T., Settles, I. H., & Woods, K. C. (2008). Comparing sexual harassment subtypes among black and white women by military rank: Double jeopardy, the jezebel, and the cult of true womanhood. Psychology of Women Quarterly, 32(4), 347-361. Cantor, D., Fisher, B., Chibnall, S., Harps, S., Townsend, R., Thomas, G., . . . Madden, K. (2019). Report on the campus climate survey on sexual assault and misconduct. The Association of American Universities, Westat, Rockville, Maryland. Retrieved from 2019.pdf. Clancy, K. B., Lee, K. M., Rodgers, E. M., & Richey, C. (2017). Double jeopardy in astronomy and planetary science: Women of color face greater risks of gendered and racial harassment. Journal of Geophysical Research: Planets, 122(7), 1610-1623. doi: Cortina, L. M. (2004). Hispanic perspectives on sexual harassment and social support. Personality and social psychology bulletin, 30(5), 570-584. Cortina, L. M., Swan, S., Fitzgerald, L. F., & Waldo, C. (1998). Sexual harassment and assault: Chilling the climate for women in academia. Psychology of Women Quarterly, 22(3), 419-441. doi: Dobson, B. (2021, March 23, 2021, updated March 24, 2021). No place in our community\u2019 for sexual misconduct dean tells faculty following controversy. Tallahassee Democrat. Retrieved from harassment-wont-tolerated-florida-state/6968733002/. Accessed on March 9, 2022 Espinoza, M., & Hsiehchen, D. (2020). Characteristics of faculty accused of academic sexual misconduct in the biomedical and health sciences. JAMA, 323(15), 1503-1505. doi: Holland, K. J., & Cortina, L. M. (2013). When sexism and feminism collide: The sexual harassment of feminist working women. Psychology of Women Quarterly, 37(2), 192- 208. doi: Ilies, R., Hauserman, N., Schwochau, S., & Stibal, J. (2003). Reported incidence rates of work\u2010 related sexual harassment in the United States: Using meta\u2010analysis to explain reported rate disparities. Personnel Psychology, 56(3), 607-631. doi: Konik, J., & Cortina, L. M. (2008). Policing gender at work: Intersections of harassment based on sex and sexuality. Social Justice Research, 21(3), 313-337. doi: Libarkin, J. (2019). Academic Sexual Misconduct Database. n.d. misconduct-database.org 25 Morgan, L. (2021, March 14, 2021 ). Longtime prof resigned in sexual misconduct case: \u2018There is a huge sense of disgust over the allegations\u2019 Florida Phoenix. Retrieved from case-there-is-a-huge-sense-of-disgust-over-the-allegations/. Accessed on March 9, 2022 NASEM. (2018). Sexual harassment of women: climate, culture, and consequences in academic sciences, engineering, and medicine. Washington, DC: The National Academies Press. doi: Swartout, K. (2018). University of Texas Climate Survey: Report on the University of Texas System Campus Climate Survey. In P. A. Johnson, S. E. Widnakk, & F. F. Benya (Eds.), Sexual harassment of women: Climate, culture, and consequences in academic sciences, engineering and medicine (pp. 275-292). Washington, DC: The National Academies Press. U.S. Department of Education, Office of Civil Rights. No date. and Vagins, D. J., & Gatta, M. (2019). Limiting Our Livelihoods: The Cumulative Impact of Sexual Harassment on Women's Careers. American Association of University Women. Wood, T. (2021, November 16, 2021). Professor fired from for sexual misconduct now teaching online at UWF. Pensacola News Journal Retrieved from misconduct-now-teaching-online-uwf/8636448002/. Accessed on March 9, 2022", "8873_104.pdf": "The investigation found Zedaker engaged in 'pervasive, unwelcomed behaviors of a sexual and/or romantic nature' with COVID-19 clinic employees. James Zedaker, associate dean of Florida State University\u2019s School of Physician Assistant Practice and head of the university\u2019s COVID-19 vaccine and testing administration program, has resigned after an internal investigation found he violated the university\u2019s anti-sexual misconduct policy, according to an spokesperson. Investigators found on Jan. 4 that it was more likely than not that Zedaker engaged in \u201cpervasive, unwelcomed behaviors of a sexual and/or romantic nature, creating a hostile work environment,\u201d as well as behavior of a romantic and/or sexual nature while in a position of institutional authority with three COVID-19 clinic employees, according to the investigative summary. As director of university special projects for Health and Emergency Operations, Zedaker was leading the COVID-19 clinic. \u201cThis investigation finds that Dr. Zedaker engaged in behavior with the intent to build a relationship, one of trust and emotional connection and even financial support, with the goal of manipulation and exploitation,\u201d said a footer in the report. The university received an allegation of sexual misconduct involving Zedaker on Nov. 2, said FSU\u2019s Assistant Vice President of Communications Dennis Schnittker. That triggered an \u201cimmediate investigation,\u201d he said Associate Dean James Zedaker Associate Dean James Zedaker resigns amid sexual misconduct resigns amid sexual misconduct investigation investigation However, Zedaker submitted his resignation on Dec. 17, one day after the investigation\u2019s final interview took place and before the report was finalized, according to Schnittker. That resignation became effective Friday. Zedaker said he was concerned about the investigation being used as \u201ca tool in retaliation from an individual who has been very outspoken about her ability to \u2018get\u2019 people\u201d, during his first interview with investigators. He also said he thought it was a tool being used to harm him, his family and the college of medicine. However, investigators ultimately sided with two witnesses that came forward. They argued text messages provided by one of the witnesses, as well as similar details across both cases, made it more likely than not that what happened occurred as the two described. Click to access Zedaker-Texts.pdf One former employee who oversaw a section of the COVID-19 response team told investigators she took a $15,000 pay cut to get a job somewhere else after sexual and professional harassment from Zedaker. She told investigators he started their relationship friendly by giving her positive comments about her work ability. However, the tone eventually changed. She said he began making comments about her appearance and asking her to send photos of herself frequently from December 2020 to March 2021. He would ask to hold her or be near her. She also said he invited her on out-of-town trips \u201cten or more times\u201d where they would share a room he would pay for. She never went on any of those trips. In one text message sent to her, which was provided to investigators and included in the report, Zedaker rated her a \u201c9+\u201d on a scale of 1-10. In another, he said \u201cHey, you never sent me those pictures.\u201d She told investigators that was referencing his request for her to resend the photos she had previously sent to him because he got a new phone. Other messages were more direct. In reference to a meeting they both attended, he wrote, \u201cDo you fantasize about us being married someday? Because all three times he asked Dr. Zedaker a question you answered thought maybe you thought we might share a name one day. Lol.\u201d In another series of messages in January 2021, he asked her for nude and bikini photographs during a discussion about a potential $1,300 trip to Bora Bora. \u201cBikini pics for Bora Bora welcome\u2026. Lol,\u201d he wrote. \u201cWell you are beautiful in the ones i\u2019ve seen. Nudes are okay too. Kidding, relax.\u201d During her time at FSU, she got a $5,000 one-time bonus for hazard pay. Zedaker sent her a text message saying know every bit helps was able to get a $5,000 bonus for you\u2026\u201d He also indicated he would keep trying to get her more bonuses. After those messages, she told investigators she felt \u201cvery trapped in a very uneven power dynamic.\u201d When she began to create distance, she said he began to retaliate. She said Zedaker would ignore her in hallways, instead greeting whoever she was with. He withdrew staff from the section of the COVID-19 response team that she oversaw while overstaffing other areas, she added. According to her account he would tell her key staff were unavailable when they weren\u2019t. Another former employee told investigators sexual harassment from Zedaker was the main reason she stopped working for the COVID-19 clinic. She told investigators he would text her \u201call the time \u2014 every day\u201d. She said 60% of it was personal and not work related. He would call her \u201cHubba\u201d, a reference to \u201cHubba Hubba\u201d, an expression used to express approval about a person\u2019s appearance. He also bought her FSU- branded towels. She also said he would frequently ask her for photos and to go on trips with him. When he asked her to go on trips, he added they would be in the same hotel room, she added. According to her account, Zedaker told her that he did not like to go out, and would like to stay in the bed in the room all day. While he never said anything about sexual acts, she said he did make a comment that he wanted to hold her all day. She claimed Zedaker invited her out to dinner on Valentine\u2019s Day on one occasion. She was working an basketball game on the day, testing athletes for COVID-19. After her and another employee were finished, he invited them into suite seats for the game. She told investigators he said, \u201cDo you see what did for you? This is all for you.\u201d After the game, she went to her car. He then called her to ask her to dinner, she told investigators. After she told him she was going with her children\u2019s father for dinner, he told her, \u201cYou really hurt my feelings.\u201d She said she received a $10-an-hour raise, several dollars more than other employees working at the COVID-19 clinic. In regard to the raise, she said Zedaker told her that he wanted to take care of her and that he would always take care of her. Zedaker denied any sexual or romantic intentions in any communications with the employees during his first interview with investigators. However, investigators said in the report they viewed Zedaker\u2019s credibility was diminished because of the evident flirtatious nature of some of the text messages. He disclosed several actions he took that violate university policy that investigators were previously unaware of. He admitted to giving a third employee money to pay for the amount she owed for Licensed Practical Nurse (LPN) tuition (which was more than $3,000). Zedaker added he paid for her rent, car insurance, cell phone bill, utilities, groceries, hair appointment, gifts for her kids, and other unnamed expenses. Zedaker also indicated that he offered to pay for a hotel room for her to stay somewhere nice with her kids during Christmas. According to Zedaker, she said to him that she would \u201cdo anything he asks,\u201d at one point in their communications. He said he responded, \u201cmy only rule to help, my quid pro quo, is that you always be honest, don\u2019t lie to me or try to manipulate me.\u201d He also said if she is back with her boyfriend or with another boyfriend, he doesn\u2019t want to pay for someone else\u2019s debts or her dates. During Zedaker\u2019s second interview, investigators showed him the text messages. He either confirmed or did not remember sending each message. He did not deny sending any of them to investigators. Zedaker refused to sign the interview notes from both of his interviews with investigators College of Medicine (COM) Dean John Fogarty announced Zedaker\u2019s resignation amid the investigation to employees and students Friday, according to an email obtained by Florida Politics from an employee. He also announced Associate Program Director Benjamin Smith has been appointed interim director. \u201cWe stand ready to provide students, faculty and staff the support needed to avoid letting this unfortunate circumstance stand in the way of our progress,\u201d Fogarty said. In another email obtained by Florida Politics sent to Physician Assistant program faculty and students, Zedaker responded to Fogarty\u2019s announcement. He said the statement \u201cdoes not represent the facts around my retirement and the findings/activities of the report.\u201d \u201cThis was a target hit from a disgruntled worker. It also has nothing to do with our program. This was from Site,\u201d Zedaker wrote have been traumatized through this whole process and ask that you do not believe what you read.\u201d He also said he was ashamed of Fogarty\u2019s courage and of university leadership. As associate dean, Zedaker was the founding director of FSU\u2019s Physician Assistant program in 2016. During his tenure, the program has faced accreditation issues. It is currently on accreditation probation by the ARC-PA, according to the accrediting body\u2019s website. This has not been the only case of faculty sexual misconduct in College of Medicine\u2019s administration in recent years. Les Beitsch, the former chair of the college\u2019s Department of Behavioral Sciences and Social Medicine, was found to have violated the university\u2019s sexual misconduct policy in 2019, according to the Tallahassee Democrat. The university also has found three professors guilty of sexual misconduct with students since 2020. Schnittker said in an email to Florida Politics that reports of sexual misconduct are promptly investigated by the university. \u201cIt is important that violations of the university\u2019s sexual misconduct policy are promptly reported so the university can take immediate action,\u201d he wrote. \u201cThe university has established many pathways to report concerns and is diligent in its responsiveness.\u201d Tristan Wood Benjamin Smith Dennis Schnittker Florida State University COIVD-19 Clinic James Zedaker John Fogarty Les Beitsch Sexual Misconduct Related Articles \uf133January 15, 2022 \uf01716 min Fort Myers approves police agreement with days after shooting it down \u2018Do justice\u2019: House panel advances tweaks to health insurance lawsuit rules Turner Loesel: Click, stream, talk, pay \u2014 Florida\u2019s communications tax reality Tristan Wood Tristan Wood graduated from the University of Florida in 2021 with a degree in Journalism South Florida native, he has a passion for political and accountability reporting. He previously reported for Fresh Take Florida, a news service that covers the Florida Legislature and state political stories operating out of UF\u2019s College of Journalism and Communications. You can reach Tristan at [email protected], or on Twitter @TristanDWood \ue668 15 comments It\u2019s almost like didn\u2019t ask anyone at about this creep. Eric William Jones January 15, 2022 at 3:18 pm \uf133 You have no idea. We tried to warn FSU. Rufus Bobcat January 15, 2022 at 5:10 pm \uf133 Hello am a Professor in the Program at and am involved in the upcoming site visit. This visit is very important for us. Exactly what do you mean by your comments? Charles Saunders January 16, 2022 at 6:12 pm Michele Rayner-Goolsby honors Martin Luther King with handful of weekend events Runner makes history, wins four Disney races \u2014 including a marathon \u2014 in four days \ue684 Thank you. Do you know his accreditation track record in other programs he \u201cled\u201d? Ian Fouqe January 18, 2022 at 9:14 pm \uf133 Are you suggesting that this happened in Ohio as well? Connie January 16, 2022 at 12:23 pm \uf133 Hello am a Professor in the Program at and am involved in the upcoming site visit. This visit is very important for us. Exactly what do you mean by your comments? Thank you. Charles Saunders January 16, 2022 at 6:13 pm \uf133 It is unfathomable that this occurs repeatedly and goes unchecked. This exists everywhere as a part of human nature systems that allow it to flourish are another issues altogether D. January 16, 2022 at 12:17 pm \uf133 Nobody knew this was happening until someone came forward? Interesting! J. R. January 16, 2022 at 1:18 pm \uf133 Dollars earning easy job to work and earn online. start now making every day more than $500 simply working from home.tli i received $19517 previous month and i gave this job only 2 hrs a day online. so simple and it doesn\u2019t required any kind of special skills. you can run facebook then you can do this job. go here for info\u2026.. \ud835\ude47\ud835\ude5e\ud835\ude6b\ud835\ude5a\ud835\ude45\ud835\ude64\ud835\ude57247.\ud835\ude58\ud835\ude64\ud835\ude62 Live Jobs In January 18, 2022 at 5:09 pm \uf133 Can those who first commented here possibly elaborate? It so happens that this guy just applied for a job in see that he recently got his California License as well. Look it up \u2026#60584 exp 10/31/23 January 18, 2022 at 7:30 pm \uf133 Check out this State of the University Address today: Notice the recurring theme is gifts to the university. \u201cUnderinvested\u201d or \u201cUnderinvestigated\u201d? How about pay attention to the established by the former leadership and clean up the mess!? This funding comes with a to the citizens of the state of FLORIDA. Also let\u2019s hope that the does not allow this institution to have a membership so as to prohibit their likelihood to be awarded federal funds -at least until the is changed. Finally, notice that the Dean of the College of Medicine is not given any accolades here? Hopefully, the new President can make changes in this institution-that should be the \u201chidden agenda Fox January 19, 2022 at 3:58 pm state of the University address today State of the University Address - January 19, 2022 State of the University Address - January 19, 2022 Fox January 19, 2022 at 4:00 pm \uf133 Interestingly, the College of Medicine was not a highlight today. There was, however, a focus on Donors and funding. One can only hope that the \u201chidden agenda\u201d is changing the culture that was established by the former leadership and persists there. The would be remiss if they admitted to their membership until and unless the New President can clean up the \u201cswamp\u201d there Fox January 19, 2022 at 4:05 pm \uf133 Florida Politics is a statewide, new media platform covering campaigns, elections, government, policy, and lobbying in Florida. This platform and all of its content are owned by Extensive Enterprises Media. Publisher: Peter Schorsch @PeterSchorschFL Contributors & reporters: Phil Ammann, Drew Dixon, Roseanne Dunkelberger, Liam Fineout, A.G. Gancarski, Ryan Nicol, Jacob Ogles, Cole Pepper, Andrew Powell, Jesse Scheckner, Janelle Taylor, Drew Wilson, and Mike Wright. Email: [email protected] Twitter: @PeterSchorschFL Phone: (727) 642-3162 Address: 204 37th Avenue North #182 St. Petersburg, Florida 33704 Those in graduate medial education are talking about this across the country now as Dr. Zedaker is applying broadly and boldly to positions in leadership. Kudos to this reporting team for making it public knowledge so that when potential employers research him, it is in the January 20, 2022 at 12:40 pm \uf133 Does anyone know where this guy went ? This violates the Hippocratic Oathe and many state licenses require reporting this behavior (sounds like it was substantiated). The medical community needs to police our own especially now when we are all experiencing \u201cpandemic fatigue\u201d\u2026this is his : 1437102373 Fox January 23, 2022 at 1:34 pm CLOSED. Home Elections Culture Wars Legislative Communities Federal Foreign Affairs Emails & Opinions Subscribe"}
7,296	Thomas Jessell	Columbia University	[ "7296_101.pdf", "7296_102.pdf", "7296_103.pdf", "7296_104.pdf", "7296_105.pdf", "7296_101.pdf", "7296_102.pdf", "7296_101.pdf", "7296_102.pdf" ]	{"7296_101.pdf": "Before removal director Thomas Jessell engaged in years-long relationship that violated Columbia policy By Courtesy of YouTube / File Photo Thomas Jessell played a significant role in founding Columbia\u2019s Mind Brain Behavior Institute, one of the leading neuroscience research centers in the world 12, 2018 5:01 Prominent neuroscientist Thomas Jessell was engaged in a relationship with a lab member under his supervision for years, violating University policies on consensual romantic and sexual relationships, before being removed from all administrative posts this past March, Spectator has found. Share 3/15/25, 11:13 Before removal director Thomas Jessell engaged in years-long relationship that violated Columbia policy 1/11 Jessell, along with nobel laureates Richard Axel and Eric Kandel, played a significant role in founding Columbia\u2019s Mind Brain Behavior Institute on the Manhattanville campus, which is poised as one of the leading neuroscience research centers in the world. Jessell\u2019s lab, which employs 25 faculty, postdoc researchers, and graduate students, will be closing down, though members of the lab will receive financial support from the University for the next 15 months. Columbia started investigating Jessell\u2019s relationship in December 2017, at least five years after the relationship began. The Howard Hughes Medical Institute, an organization for medical research that provides long-term funding for labs and salaries, stripped Jessell of his titles and grants on March 2, and will stop funding the lab on May 31. The University formally announced Jessell\u2019s removal to all faculty members in the neuroscience department on March 7. Interviews with over two dozen faculty members and graduate students\u2014many of whom spoke to Spectator on the condition of anonymity for fear of retaliation\u2014reveal that in scientific labs at Columbia, there is a culture that discourages individuals from reporting violations of University policies on sexual misconduct and romantic relationships. In the case of Jessell\u2019s violation, interviews with faculty members indicate that people within the neuroscience department knew of the relationship as early as 2012. Because the University never clarified the circumstances of Jessell\u2019s dismissal beyond violations of \u201cUniversity policies and values,\u201d there was an immediate concern that an assumption about academic dishonesty could damage the careers of anyone who had worked in the lab petition, published on March 10, stated that the University\u2019s approach also missed an opportunity to take a clear stance against sexual harassment in academia to deter potential perpetrators. Jessell did not respond to Spectator\u2019s request for comment. Both Kandel and Axel declined to comment. According to another faculty member, a complaint about the relationship was filed to a mandated reporter in 2012, but no disciplinary actions were taken, and the relationship continued for years. However, a University spokesperson said that \u201cthe University offices responsible for overseeing Columbia\u2019s policies first learned of possible violations by Dr. Thomas Jessell at the end of November 2017.\u201d 3/15/25, 11:13 Before removal director Thomas Jessell engaged in years-long relationship that violated Columbia policy 2/11 An faculty member who has worked in close proximity to the Jessell Lab also said they knew of a complaint filed in 2012 and confirmed that the relationship was rumored among members of the Columbia neuroscience community. While no lawsuit was filed against the University regarding Jessell\u2019s conduct, an faculty member said that they were aware of discussions about legal action among administrators involved in the dispute in late 2017. The law firm Sanford Heisler Sharp posted a screenshot on its Facebook page on March 8 that claimed credit for Jessell\u2019s removal, but took it down soon after. In the post, which also linked to the New York Times\u2019 coverage of Jessell\u2019s dismissal Chairman David Sanford stated am proud of our client and my firm for helping make Columbia a better place for all students and faculty.\u201d Photo by Screenshot Courtesy of Sexual Misconduct at Columbia petition / The screenshot, above, was included in the petition circulated to former university employees on March 10. 3/15/25, 11:13 Before removal director Thomas Jessell engaged in years-long relationship that violated Columbia policy 3/11 When Spectator reached out to Sanford, he said that he could not comment on the situation. Two faculty members, a professor at the Columbia University Medical Center, a graduate student in biochemistry, and a former graduate student affiliated with the neuroscience department all said that Jessell has a reputation for exhibiting behaviors that violate University policy on consensual romantic and sexual relationships. In the wake of his removal, the University came under widespread scrutiny from faculty members, students, and the public for the lack of timely and informative announcements regarding Jessell\u2019s removal and the reasons for his termination. The faculty member who has worked in close proximity to Jessell\u2019s lab felt that the University\u2019s statement on Jessell\u2019s general violation of \u201cpolicies and values\u201d invited misinterpretations that could potentially hurt the reputation of the institute. Instead, they said the University\u2019s statement should have explained Jessell\u2019s misconduct in more detail without revealing the identity of the person involved. \u201cThey did a really poor job of handling the situation when it was unfolding in real time,\u201d the faculty member said. \u201cMy first concern was that people would think it was academic misconduct. That effectively smears everyone who has ever come out of [Jessell\u2019s lab].\u201d Jessell informed his lab of the reasons and details of his removal on March 5. Two days later administrators sent an email to the institute\u2019s neuroscience faculty about Jessell\u2019s removal, but they were not given details about the nature of the the policy violated until a faculty-wide meeting on March 9. However, the University did not formally tell graduate students and postdocs affiliated with the neuroscience department about Jessell\u2019s removal until a town hall meeting on March 14, one week after the New York Times published an article about it on March 7. Faculty and students who are not associated with never received any information directly from the University on the subject. \u201cIt would have been so easy for them to send out an email and just be explicit [about Jessell\u2019s removal],\u201d a graduate student in the doctoral program of neurobiology and behavior said. \u201cTo have everyone to find out through the grapevine\u2014to literally find out what\u2019s going on in your institution through the New York Times\u2014is ridiculous.\u201d The petition published in response to Jessell\u2019s removal criticizes the lack of clarity around the reasons for Jessell\u2019s removal, and calls for the University to take a firm stance 3/15/25, 11:13 Before removal director Thomas Jessell engaged in years-long relationship that violated Columbia policy 4/11 against sexual harassment in academia in order to \u201cstand up and make it known that our community will not tolerate sexual misconduct, regardless of the prestige of perpetrator.\u201d It is signed by 176 medical students, faculty, and alumni of the institution. \u201c[Jessell\u2019s firing] was obviously very public, but then nothing was coming out. We think that it\u2019s important that Columbia is transparent about why this occurs,\u201d Bianca Field, one of the authors of the petition and a former employee of the psychiatric institute at Columbia, said. \u201cMaking this decision to continue a career in academia is a very difficult career path regardless. Adding this extra layer on makes it all the more difficult for people to remain in science and in academia graduate student in the doctoral program of neurobiology and behavior expressed frustration with existing options to support students who wish to report such instances, and pointed out how many administrators offered the option of switching labs or requesting different mentors. \u201c[Some of the faculty] still didn\u2019t seem to understand that, for many of us, you can\u2019t just pick up and change labs. My thesis couldn\u2019t exist in another lab \u2026 No one will ever be able to fully protect us against retaliation because of the nature of the scientific community being so interwoven,\u201d they said. Cora Berganti\u00f1os, an organizer in the Postdoctoral Workers Union and research associate at the genetics department in the medical center, said that \u201cthe fear of the future, the fear for your own labmates\u201d deters students and faculty from reporting sexual misconduct and harassment. After the Jessell Lab\u2019s closure in response to the University\u2019s investigation, not all of its 25 members have been guaranteed positions to which they can transfer, though University officials stated in an email to neuroscience faculty that they hope to continue to support the researchers\u2019 careers. [email protected] \| [email protected] More In News 3/15/25, 11:13 Before removal director Thomas Jessell engaged in years-long relationship that violated Columbia policy 5/11 Secretary of State Marco Rubio invoked \u2018rarely used\u2019 federal power to determine if he could deport Mahmoud Khalil \u201924, court documents reveal 14 3/15/25, 11:13 Before removal director Thomas Jessell engaged in years-long relationship that violated Columbia policy 6/11 \u2018Cowardice and capitulation condemns expulsion of president, sanctions on Hamilton Hall protesters 14 Protesters graffiti President\u2019s House with \u2018Free them all 14 Editor's Picks 3/15/25, 11:13 Before removal director Thomas Jessell engaged in years-long relationship that violated Columbia policy 7/11 Spectator announces 149th managing board 11, 2024 Columbia President Minouche Shafik resigns amid campus turmoil over war in Gaza 14, 2024 3/15/25, 11:13 Before removal director Thomas Jessell engaged in years-long relationship that violated Columbia policy 8/11 Our Campus. Our Crisis 4, 2024 3/15/25, 11:13 Before removal director Thomas Jessell engaged in years-long relationship that violated Columbia policy 9/11 sweeps occupied Hamilton Hall, arrests dozens 30, 2024 Dozens occupy Hamilton Hall as pro-Palestinian protests spread across campus 29, 2024 Subscribe to our newsletter. 3/15/25, 11:13 Before removal director Thomas Jessell engaged in years-long relationship that violated Columbia policy 10/11 Copyright Spectator Publishing Company. All rights reserved. 490 Riverside Drive, Rm 414, New York 10027 Email Address Subscribe About Us Usage Rights Contact Us AdvertiseDonateJoinDEI 3/15/25, 11:13 Before removal director Thomas Jessell engaged in years-long relationship that violated Columbia policy 11/11", "7296_102.pdf": "\ueddb Sexual Misconduct at Columbia March 10, 2018 Dear President Bollinger and Trustees of Columbia University, Recently, Thomas Jessell was removed from his positions as Co-Director of the Mortimer B. Zuckerman Mind, Brain, and Behavior Institute as well as from his joint appointments as Professor in the departments of Neuroscience and Biochemistry & Molecular Biophysics. In a statement published in the New York Times ( dismissed.html), Columbia said that its investigation \u201crevealed serious violations of University policies and values governing the behavior of faculty members in an academic environment.\u201d This statement does little to clarify what transgressions Jessell committed to be removed from his prestigious positions. Rumors ( shot-2018-03-10-at-12-25-07-pm1.png) have been swirling ( and without confirmation or denial, nothing can be definitively known. In this era of #MeToo, society has been reckoning with the effects of sexual harassers and abusers have on workplaces, from Hollywood to agricultural work. While this wave of revelation has thus far largely avoided science and academia, the problem is undoubtedly as ingrained in our culture as it is in society at large. This is enabled by Columbia University\u2019s reputation of looking the other way ( decades.html?_r=0) in cases of sexual misconduct ( harassment) by faculty ( roils-prominent-chronic-fatigue-syndrome-research-lab). We appreciate that President Bollinger has pledged to ban all undergraduate-professor relationships ( sexual-relationships-between-undergraduates-and-professors/), but graduate students and postdoctoral fellows are even more dependent on their mentors to progress professionally. Students and fellows require guidance and close working relationships with mentors and are not potential sexual opportunities. Whether or not misconduct occurs, it is unacceptable for them to ever be treated as such. Columbia University\u2019s policy ( romantic-and-sexual-relationship) is clear, that \u201cno faculty member shall have a consensual romantic or sexual relationship with a student over whom he or she exercises academic or professional authority.\u201d But how this policy is enforced is certainly not clear. 3/15/25, 11:13 Sexual Misconduct at Columbia 1/7 \ueddb We call on you, the leaders of our community, to lead in shining light on sexual harassment in academia and at Columbia University. Our community deserves an administration that protects it explicitly and publicly. This is an opportunity to deter future perpetrators and to invite trust in your ability to protect your students and employees. If rumors of sexual misconduct are true, we ask you to launch an investigation into similar behavior from other heads of labs to expose possible contributors to a toxic workplace culture. We ask you to stand up and make it known that our community will not tolerate sexual misconduct, regardless of the prestige of perpetrator. Students, employees, and postdoctoral fellows deserve to work without harassment, intimidation, or abuses of power, both proactively and retroactively. They deserve respect and safety. We appreciate your consideration, and we implore you to do what is right. Sincerely, Bianca Field \u201813, former employee Olivia Goldman \u201814, former employee Lenzie Ford-James, postdoc at Columbia University Ilana Zucker-Scharff \u201814, former employee David Barack, postdoc at Columbia University Aylesse Sordillo \u201910 Christoph Rainer \u201915 Alicia Serrani \u201913 Mia Hollenbach, Columbia School of Social Work Christina Seto \u201915 Andrea Roberts \u201913 Vasilis Hristidis \u201912 Robin Basalaev-Binder Alexandra Palacios \u201915 Gabriele Urbonaite \u201922 Brendon Bouzard \u201915 Caleb LoSchiavo \u201915 Camille Bernier-Green \u201913 Elliot Smith Tabia Santos \u201913, former employee Katherine Shen \u201913 \u201919 Katherine Estabrook \u201913 Chirag Upreti, Research Scientist at Columbia University Erica Mezias \u201916 Sarah Svirsky \u201913 Sophia Weissmann Baila Hall \u201913 Peter Mercado Reyes, Kallyope Juliet Anderson, Columbia School of Social Work Annie Diamond \u201915 Nina Chanpreet Kaur \u201906 Addy Richter \u201915 Sherrie Deng \u201914 3/15/25, 11:13 Sexual Misconduct at Columbia 2/7 \ueddb eMalick G. Njie, postdoc, Biological Sciences/Neuroscience, 2016 Mary Rossillo \u201914 Daniel Cabrera \u201913 Nuri Jeong, Emory University Priya Sircar, M.A. Teacher\u2019s College, 2011 James Belarde, Columbia University College of Physicians & Surgeons Haley Vecchiarelli, BC\u201910 Meghan Carty \u201916 Inger Sveberg Dietrich \u201916 William Quinn Shelton \u201913 Aswini Periyasamy \u201913 \u201916 Rebecca Gray \u201913 Joud Hijazi employee Isabella Serrani Johanna Lou \u201912 Macayla Donegan, PhD student at Columbia University Nia Ashley \u201916 Nina \u201914 Melanie D\u2019Arrigo \u201903 Minhyun Kay Swati Amin \u201915 Cornelia Lotito Wendy Pan Martyna Okuniewska Maya Huang, School of the Arts \u201916 Morgan Conley, University of Washington Jackson School of International Studies \u201918, Brandeis University \u201913 Alice Shindelar, School of Arts \u201916 Josue Regalado, former employee at Chris Mezias, Cornell PhD Candidate, former employee Amy Xia \u201917 Kimberley Rain Miner \u201913 Lalanti Venkatasubramanian Patricia Cooney, NBB, Graduate student at Columbia University Carol Kim \u201914 Dylan Rahe Robert W. Fernandez, Yale University PhD Candidate Steven Cook \u201911, postdoc at Columbia University Emily Berghoff Alan Goldman \u201980 \u201985 Yamina Abouzzohour \u201914 Nancy Xu \u201909 Molly Booth Jacob Portes, PhD student, Columbia Neurobiology and Behavior Anonymous, PhD student, Columbia, Neurobiology and Behavior Anonymous, Harvard Antoinette Acosta \u201817 Robert Abramovic, PhD Candidate in Mathematics \u201818 Anonymous, University of Cambridge 3/15/25, 11:13 Sexual Misconduct at Columbia 3/7 \ueddb Anonymous, Former Columbia faculty member Siu-hong Ho, PhD Maxime Kinet, MD, PhD \u201906 Sebastien Manigat \u201907 Jamie Righetti \u201909 Anonymous, University of Chicago, Mathematics PhD \u201917 \u201910 Anonymous, postdoc at Columbia University Anonymous, Rockefeller University Myles Marshall, Lab manager of the Jessell Lab Alvaro Cuesta-Dominguez, postdoc at Brett Eugene Alcott, PhD \u201917, formerly of the Department of Biochemistry and Molecular Biophysics Danya Martin \u201916 Dilip Ravindran Anonymous, PhD Harvard alum Shelly Yo \u201918 Shiva Kalaiselvan \u201915 Anonymous, Research Scientist at Columbia University Anonymous, Research Scientist Catherine Braine, PhD Student, Columbia University Faizunnahar Dewan \u201913 Leo Goldman \u201920 Kavya Tewari \u201920 Rosemary Cater, Current postdoc Anonymous \u201917 Anonymous, neuroscience graduate student at Columbia University Eduardo G. Aguilar, Rockefeller University Rie Nygaard, current postdoc Harshad Vishwasrao, Former postdoc Faroq Ahmed \u201905 Ya-Ting Lei \u201913 Rikki Novetsky \u201915 Cat Bohannon, PhD student Anonymous Rachel Misner, PhD Student, Columbia Biological Science Nick Rudman \u201916 Daniel Cole, current PhD student at Columbia University Anonymous \u201906 Muhaned Mohamed David Borgonjon, PhD candidate, EALAC, Columbia University Anayvelyse Allen-Mossman \u201913, graduate student in Anonymous, PhD student, EALAC, Columbia Unversity Anonymous Anonymous, PhD, EALAC, Columbia University Anonymous Alumni Michael Gonzalez Wallace Super Body Super Brain Dominik Biezonski, Assistant Professor at Diego Gutnisky, former Research Scientist Dong Eun Lee Associate Research Scientist 3/15/25, 11:13 Sexual Misconduct at Columbia 4/7 \ueddb Scott Dietrich, Columbia University Oakley Olson, PhD Postdoctoral Research Scientist Marie Francois Celine Hernandez, PhD, Columbia University Marta Galan-Diez, Associate Research Scientist at Zephan Melville Postdoc Adam Abraham, Current Postdoc Cora Bergantinos, Associate Research Scientist, Columbia University Adrienne Strong, PhD, Postdoctoral Research Fellow, MSPH, Columbia University Anonymous, Columbia University Akram Bakkour, postdoc at Columbia University Patricia Richard, Columbia University Anonymous, Postdoc Robert Penna, Physics, Columbia University Anonymous, Postdoc Anonymous, Associate research scientist at the Zuckerman Institute Oya Cingoz Antonios Pouliopoulos, Postdoctoral Research Scientist, Columbia University Rebecca Delventhal, current postdoc Adele Mitrotti Postdoc Anonymous, Postdoc, Columbia Psychiatry Anonymous, Postdoctoral Researcher, Pathology Dept Mohammad Islam, Associate research scientist at Columbia University College of Physicians & Surgeons Anonymous, Postdoc, Ophthalmology Anonymous, Associate Research Scientist Anthony Romer, Associate Research Scientist O. Allicock, Postdoc Anonymous, postdoc, Department of Medicine Anonymous, postdoc Melanie Uhde, Department of Medicine Christine Rael, Postdoc Center for Clinical and Behavioral Studies at and Columbia University Anonymous \u201921 Tim Cheung Anonymous, Department of Biochemistry Medini Annavajhala, Postdoc Antigona Martinez Shana Caro, Postdoc, Columbia University Yoona Kang postdoc NaYoung So, Zuckerman Institute Tal Hirschhorn, Postdoc, Department of Biological Sciences Anonymous, Department of Pathology and Cell Biology Kevin Monahan, Postdoc Anonymous, former postdoc in Jessell Lab Jonathan Branden, Graduate School of the Arts (Film) \u201917 Delfina Larrea, Associate Research Scientist, Dept. of Neurology, Motor Neuron Center Anonymous, Postdoc, Earth & Environmental Engineering (EEE) Dritan Agaliu, PhD 3/15/25, 11:13 Sexual Misconduct at Columbia 5/7 \ueddb Anonymous, Columbia Psychiatry Leren Zhu Celeste Kidd, Brain & Cognitive Sciences, University of Rochester Mandy Snyder, Palos Verdes High School *For those who wish to be anonymous: To be included on the letter, you must put in your first and last name. If you check the box above your name will not appear in the public version of this letter. We will add your name as \u201cAnonymous\u201d followed by your affiliation. Note from the letter writers: As an additional solution, and in the event that workers have democratically chosen to form unions, we urge you to bargain in good faith with those unions. Through a union, students and postdoccs are able to achieve stronger protections against sexual harassment and discrimination through a binding, contractual grievance procedure. For any questions, please contact us at [email protected] Press: ( ( prompts-demand-for-answers/) ( jessell-engaged-in-years-long-relationship-that-violated-columbia-policy/) 3/15/25, 11:13 Sexual Misconduct at Columbia 6/7 \ueddb ( 3/15/25, 11:13 Sexual Misconduct at Columbia 7/7"}
7,555	James N. Jory	Shoreline Community College	[]	{}
8,781	Rie Hachiyanagi	Mount Holyoke College	[]	{}
7,461	Joseph M. Bekken	North Idaho College	[ "7461_101.pdf", "7461_102.pdf", "7461_103.pdf", "7461_104.pdf", "7461_105.pdf", "7461_101.pdf", "7461_102.pdf", "7461_103.pdf", "7461_104.pdf", "7461_105.pdf" ]	{"7461_101.pdf": "Former North Idaho College official pleads guilty in scheme to exchange aid for sex Fri., Aug. 21, 2015 Joseph M. Bekken Washington Idaho > Menu Search News Sports Business Weather By Scott Maben [email protected] (509) 459-5528 The former financial aid director for North Idaho College pleaded guilty Thursday to computer crimes and attempted misuse of public funds related to a scheme to entice students to have sex with him in exchange for college aid. Joseph M. Bekken, 37, could be sent to prison for up to 7 1/2 years and fined as much as $52,500 when sentenced Oct. 19 in Idaho\u2019s 1st District Court. The Kootenai County Prosecuting Attorney\u2019s Office said it would not object to concurrent sentences, reducing the maximum jail time to 5 years. District Judge Lansing Haynes noted, however, he could still impose the full 7 1/2-year sentence. Prosecutors agreed to drop three other felony charges against Bekken: burglary, attempting to procure a prostitute and bribery using scholarship money from NIC\u2019s private nonprofit foundation. Haynes accepted Bekken\u2019s guilty pleas in a 15-minute hearing. In a quiet voice, Bekken explained to the judge how he took Foundation money and offered it to individuals in exchange for sexual relationships, and how he used the college computer system, including instant messaging, to discuss the inappropriate transfer of funds. Prosecuting Attorney Barry McHugh declined to comment, prior to sentencing, on his reasoning for the resolution presentence investigation will be conducted to review Bekken\u2019s criminal record, specific facts of the crime, employment and social history, and other factors. \u201cI\u2019m satisfied because we have the freedom to recommend at sentencing what we think is appropriate, whether that\u2019s a prison term or something less than that,\u201d McHugh said. According to investigators, Bekken first used a Craigslist notice to contact students with an offer of scholarship money in exchange for sexual relations. Police, working with and the FBI, created a false student account under the name \u201cSheryl Roberts\u201d to respond to the solicitation. He secured $587 from the foundation for the fictitious student with the understanding he would go to her apartment to have sex with her on Feb. 2. Police confronted and interviewed him, and the college fired Bekken that day. Bekken was hired in 2010 and was paid $73,720 a year, according to the college. Before that he worked five years at Grand Canyon University in Phoenix. That college said it also had fired Bekken. Mark Browning, NIC\u2019s vice president for communications and governmental relations, said Thursday the administration had no comment on the plea deal. Bekken\u2019s attorney, Sean Walsh, was traveling and unavailable for comment. 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 Continue Choose amount One-time Monthly $1,000 $500 $250 $100 $55 $25 $ Other Add note/comment Give in honor/memory Subscribe now to get breaking news alerts in your email inbox Get breaking news delivered to your inbox as it happens. Sign up Couple sentenced to prison for Valentine\u2019s Day road-rage shooting Updated 6:09 p.m Idaho Legislature\u2019s budget committee kills federal funding for home energy rebates Idaho Legislature passes child care deregulation bill with tweaks Idaho Gov. Brad Little signs new law to cut Medicaid expansion. Here\u2019s what it means Hydropower remains essential to affordable, reliable electricity in Idaho We all love Idaho for its natural beauty, homegrown agriculture and great outdoor recreation. \u00a9 Copyright 2016,The Spokesman-Review", "7461_102.pdf": "By Reuters Media February 19, 2015 at 9:00 \uf064 Share The financial aid director for a community college in northern Idaho , who was accused of offering scholarships to students in exchange for sex, is no longer employed at the school, its president said on Thursday. Idaho police on Wednesday arrested Joseph Bekken , 36, the head of financial aid for North Idaho College , on suspicion of procurement of prostitution and other charges in connection with ads he posted on Craigslist offering \u201cgrant money\u201d for sexual favors from students who attended the two-year college in Coeur d\u2019Alene, authorities said. The earlier this month told the school\u2019s resource officer about the ads and sought his aid in an investigation that ultimately determined Bekken was the person behind the sex solicitations, Coeur d\u2019Alene Police Department Sgt. Brandon McCormick said in a written statement. It was not clear whether Bekken, who remains jailed on charges that also include bribery and using a computer in a scheme to Idaho college official accused of offering scholarships for sex The financial aid director for a community college in northern Idaho, who was accused of offering scholarships to students in exchange for sex, is no longer employed at the school, its president said on Thursday. defraud, was fired or resigned from the college of 6,000 students that specializes in professional, technical and general education programs. \"The individual charged in this case is no longer an employee of the college and North Idaho College has been cooperating fully with law enforcement from the very beginning of the investigation,\" school president Joe Dunlap said in a statement released Thursday. North Idaho College is otherwise known for offering courses by satellite to rural communities in the state. \uf064 Share", "7461_103.pdf": "Learn more about Read Next Climate & Energy Swiss scientists hope to save biggest glacier in the Alps even as ice loss accelerates ago World Indonesia's Lewotobi Laki-laki volcano erupts; some Bali flights cancelled 9:08 Oct 20 (Reuters former financial aid director for an Idaho college who prosecutors say offered scholarships to students in exchange for sex has been sentenced to 107 days in jail after pleading guilty to charges stemming from the case, court officials said. Joseph Bekken, 37, also received three years of probation and was ordered him to pay a $10,000 fine at Monday's sentencing, court officials said. Make sense of the latest trends affecting companies and governments with the Reuters Sustainable Switch newsletter. Sign up here. Bekken was the head of financial aid for Northern Idaho College when he was arrested in February on suspicion of procurement of prostitution, misuse of public funds and other charges in connection with ads he posted on Craigslist offering \"grant money\" for sexual favors from students who attended the two-year college in Coeur d'Alene. The arrest came after the told the school's resource officer about the ads and sought his aid in an investigation that ultimately determined Bekken was the person behind the solicitations, authorities said. Bekken was subsequently fired from the college and in August pleaded guilty to misuse of public money and using a computer to obtain services or money under false pretenses in a deal struck with prosecutors that saw them dismiss the prostitution procurement and other charges, court records show. Northern Idaho College President Joe Dunlap said in a statement that the case \"was a very unfortunate, isolated incident\" that came to light in large part because of the school's swift response to a tip from the about the Craigslist postings. Reporting by Laura Zuckerman in Salmon, Idaho; Editing by Dan Whitcomb and Eric Beech Our Standards: The Thomson Reuters Trust Principles. Suggested Topics: Environment Purchase Licensing Rights Ex-Idaho college official who offered scholarships for sex gets jail By Reuters October 20, 2015 6:01 \u00b7 Updated 9 years ago My News Sustainability delays 2040 climate target proposal beyond Q1 1:59 Climate & Energy Polish cabinet approves liberalisation of wind farm rules 12:54 We\u2019re Sounding the Alarm on This Canadian A.I. 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MarketViews Oil. What next? MarketViews Robotics and Artificial Intelligence. Discover the trends. 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. 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 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 Products", "7461_104.pdf": "D'ALENE, Idaho (AP) - The former financial aid director at North Idaho College is facing felony charges after police say he offered scholarship money belonging to the school to students in exchange for sex. Authorities arrested 36-year-old Joseph M. Bekken on Wednesday on suspicion of misusing public funds and soliciting prostitution. Police say Bekken advertised on Craigslist for several semesters. Police: College administrator offered scholarships for sex by Associated Press Thu, February 19th 2015 at 12:00 Updated Wed, February 18th 2015 at 4:00 Share Loading ... Police say Bekken agreed to meet a female student at a Coeur d'Alene apartment complex on Feb. 2 but it turned out to be an undercover sting. Police interviewed Bekken at that time. Police requested a second interview on Wednesday and arrested Bekken. Authorities say college officials worked with law enforcement agencies to set up a fake student account and then responded to Bekken's advertisement on Craigslist. The college has fired Bekken. Conversation Commenting on this article has ended Powered by Terms \| Privacy \| Feedback", "7461_105.pdf": "Quotable believe that everyone chooses how to approach life. If you're proactive, you focus on preparing. If you're reactive, you end up focusing on repairing.\u201d -- John C. Maxwell Having trouble viewing this email? View it in your browser. Internal Auditing Case in Point: Lessons for the pro-active manager August 2015 Vol. 7 No. 8 August marks the beginning of the new academic year and is a time typically filled with optimism and excitement regarding the activities and events that will transpire over the coming year. Also with the new academic year come new or revised goals and objectives for individuals, organizations, and institutions that they will seek to fulfill in the coming months. Goals and objectives are certainly good things for all of us (and our operations) to have considered and even documented in some way. Things that can keep us from achieving these goals and objectives are what we call risks. Within our industry of higher education there is no shortage of risk we will encounter. In fact, some have even indicated that higher education may face more unique and diverse risks than just about any industry you can find. Since its inception, Case in Point has sought to help administrators become more aware of both current and newly emerging risks facing higher education and to proactively manage high risk activities before a problem occurs. We believe prevention is superior to remediation in numerous ways and hope this survey of current events has helped you proactively manage risks in your unique area of influence. So as you scan the stories in this month's publication we again invite you to ask that same question we did when we began this publication in January 2009: \"What can do to prevent this from occurring here?\" We believe that is still a worthwhile question. As always we invite your feedback and comments. M. Kevin Robinson Executive Director, Internal Auditing Information Security & Technology Events Aug. 23, 2015: The identity of the hacker or hackers who crippled Rutgers University computer networks at least four times during the last school year is still a mystery. But Rutgers is spending big money to make sure cyber attackers don't knock the school offline again. (link) August 21, 2015 woman who worked at Winthrop-University Hospital was arrested after stealing patients' personal information, Nassau police said Friday. Jasmine Sanchez, 33, of Lawrenceville, Georgia, was an account representative for the Mineola-based hospital when she stole Social Security numbers and credit card information while she worked out of a Bethpage office, police said. (link) August 20, 2015: The University of Rhode Island has asked law enforcement officials for help in investigating who hacked into the university\u2019s email accounts records, possibly obtaining the email addresses and passwords to about 3,000 university email accounts, a university spokeswoman said Thursday. The breach seems to be limited to the email records, spokeswoman Linda Acciardo said officials do not believe social security numbers, credit or other bank and financial information was involved in the incident. (link) Aug. 18, 2015: On Wednesday, August 12, at approximately 3:30am, a barrage of malicious postings found their way to three of the University of Michigan's most popular Facebook pages: Michigan Football, Michigan Basketball, and Michigan Athletics. (link) August 17, 2015: The University of Virginia shut down access to many of its information technology systems Friday in response to a cyberattack that originated in China, the university announced in a release. After receiving an alert from federal authorities, the university confirmed June 11 that \u201csophisticated attackers\u201d from China had illegally accessed portions of UVa\u2019s systems. The university quickly tapped cyber security firm Mandiant to identify the nature of the attack and work to correct it. Mandiant rose to prominence in 2013 for releasing documentation of cyberattacks on the U.S. by the Chinese military. (link) August 14, 2015 team of self-proclaimed activists used the \"Team Ghost Shell\" Twitter account to continue to protest against institutions that they claim are not doing enough to protect personal data. They claim to have released data that belonged to 30,000 high traffic ranking websites. The longest list belonged to universities across the globe. They claimed to have breached the websites for the University of Miami's College of Engineering and the Florida International University's Health Department. As they released lists, the users encouraged other hackers to join their campaign. (link) August 11, 2015: The University of South Alabama has corrected an issue that resulted in 80 scholarship students' personal information leaking on the Internet, according to spokesman Bob Lowry. \"Personal information contained on the applications included each scholarship applicant's name, address, phone number, date of birth, names of parents, high school grades and transcripts. Eleven of the 80 applications also included social security numbers on the transcripts,\" said Lowry. (link) August 5, 2015: The personal information of Indiana University employees on school-sponsored health plans may have been among those leaked in a hack of a Fort Wayne medical software company. Medical Informatics Engineering announced the May attack in June. The U.S. Department of Health and Human Services said Monday that the company reported the private information of 3.9 million people was exposed. (link) July 30, 2015: Hungry Virginia Commonwealth University students will have a speedier -- and more futuristic -- option for entering Shafer Court Dining Center this fall. The university on Wednesday installed two iris cameras that will allow meal plan holders to use their eyes instead of having to swipe their IDs to access the dining hall. (link) July 28, 2015: Higher education institutions are treasure troves for hackers. Colleges and universities are huge repositories of research data, sensitive information for large populations of applicants and enrolled students (personal, academic, financial and health data), as well as sensitive personal and tax information for all faculty and staff. Higher education information systems are particularly valuable targets for cyberattacks. In the wake of a series of cyberattacks on several prominent colleges and universities, higher education institutions would be well-advised to review their current security posture, breach preparedness, and cyber insurance coverage. (link) Fraud & Ethics Related Events Aug. 26, 2015 suspended Central Connecticut State University professor pleaded not guilty Wednesday to charges he stole more than $1,300 in a Home Depot return scheme. Ravi Shankar, 40, of Middletown, has been a source of controversy for the university after the Connecticut Board of Regents approved tenure for him without realizing he had several criminal convictions and was in jail when the vote took place. (link) Aug. 24, 2014 former employee of Meridian Community College has been arrested. According to the Mississippi State Auditor's office, a Lauderdale County Grand Jury indicted Sandra Gail Young on embezzlement charges. An official release says in addition to her arrest, Young was served and demanded to pay $202,919.72. The release says \"this amount represents funds misappropriated by Young during the time period of August 2008 through February 2015.\" (link) August 21, 2015: The former financial aid director for North Idaho College pleaded guilty Thursday to computer crimes and attempted misuse of public funds related to a scheme to entice students to have sex with him in exchange for college aid. Joseph M. Bekken, 37, could be sent to prison for up to 7 1/2 years and fined as much as $52,500 when sentenced Oct. 19 in Idaho\u2019s 1st District Court. (link) August 20, 2015: One of the world\u2019s most eminent sociologists has included large amounts of self- plagiarised material in a dozen of his most recent books, an academic paper claims. Last year, Times Higher Education reported allegations that Zygmunt Bauman, emeritus professor of sociology at the University of Leeds and often hailed as the world\u2019s greatest living sociologist, had included several unacknowledged passages in his 2013 book Does the Richness of the Few Benefit Us All? that were near-exact quotations from Wikipedia and other web resources. The book also allegedly included numerous passages from previous works written by Professor Bauman \u201cwithout appropriate attribution\u201d. (link) August 19, 2015: The U.S. Education Department is seeking to hold colleges accountable for fraud and other wrongdoing that results in student loan discharges in light of the collapse of the for-profit Corinthian Colleges Inc. The department will begin a regulatory process next month to clarify how student borrowers who believe they were defrauded can seek relief and to hold their institutions accountable. (link) August 18, 2015: In an unusual move, a scientific journal has retracted a paper written by a Tufts University researcher, saying that her team acted unethically by giving Chinese children genetically modified rice without informing their parents. The researcher, Guangwen Tang, was studying the effectiveness of so-called golden rice, a strain that has been genetically modified to combat vitamin deficiency. The study included 68 Chinese children, ages 6 to 8, who had a \u201cmarginal deficiency\u201d of vitamin A. The dispute is over an ethical matter: whether the scientists should have told the parents that they would be feeding their children a genetically modified food. (link) August 13, 2015: University of Minnesota athletic director Norwood Teague resigned Friday amid revelations that he sexually harassed two female university employees -- 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. (link) August 12, 2015: The president of Keiser University's Daytona Beach campus was mugged and carjacked over the weekend while meeting with two women for a \"sexual rendezvous,\" police Chief Mike Chitwood said Monday. When 60-year-old Matt McEnany stepped out of his 2011 Toyota Venza Sunday night to speak with the two women -- identified only as \"Luscious\" and \"Brittany\"-- he was struck from behind by a man who then shoved him onto the roadway and sped off in the Toyota with the two women, a police incident report states. (link) Aug. 10, 2015 professor finds himself in trouble with the law several times within the span of a few years. But none of those crimes and alleged crimes relate directly to his teaching or publications, and he's apparently a good professor -- at least good enough to have been promoted to full professor last year while he was serving a jail sentence. But some -- included one lawmaker -- want him fired. So what's a college or university to do? When do personal transgressions become professional ones? (link) August 9, 2015 Washington, D.C.-based conservative group suspects Sen. Kurt Schaefer put pressure on the University of Missouri to keep law Associate Professor Josh Hawley out of the race for attorney general, according to a Sunshine Law request submitted in June. Two of Schaefer\u2019s supporters, a state senator and a former House member, have also filed Sunshine Law requests indicating they think the university took extraordinary actions to help Hawley enter the 2016 Republican primary against Schaefer. (link) August 8, 2015: The University of Illinois announced that several administrators violated school policy by using private emails to hide sometimes harsh correspondence from public view. Hundreds of pages of emails released simultaneously include discussions about controlling the damage from a high- profile controversy spurred by the chancellor\u2019s revocation of a job offer to a professor who sent anti- Israel tweets. Chancellor Phyllis Wise resigned earlier this week amid the controversy. (link) August 6, 2015 $556 olive jar purchased for University of Akron President Scott Scarborough\u2019s home is stirring up some controversy. The jar, located in Scarborough\u2019s master bedroom in the university-owned home, now has a Facebook page, Twitter handle and is the subject of a call for a rally. It was purchased from interior designer Alan Garren. The university paid the designer $141,000 for decorations in the home, including $16,700 in the bedroom for such things as a makeup chair for $838, a mirror for $1,800, two chairs and an ottoman for $4,500 and two night tables for $2,600. But it's the olive jar that is getting the most attention after 213 positions at the university along with some departments were eliminated to make up for budget shortfalls. (link) August 3, 2015 Chinese citizen who lives in western Pennsylvania has pleaded guilty to charges she used phony passports to take English-language fluency tests used for college entrance purposes for two other Chinese women, including one now enrolled at Virginia Tech. Twenty-four-year-old Yunlin Sun, of Berlin, is one of 15 Chinese citizens indicted in May. Her sentencing was set for December after her plea Monday. Federal prosecutors in Pittsburgh allege the defendants scammed costly tests run by Educational Testing Service and the College Board. (link) July 30, 2015: Allegations made by Jay Conover, former Horn Professor of statistics, have led to a Texas Tech investigation of possible grade tampering. Conover was transferred to the math department this summer after the claims were made. The university is thoroughly reviewing the allegations, Chris Cook, Tech spokesman said, and operating procedures prevent Tech from commenting further at this time. Conover said grades of four Master's of Business Administration students were changed, which allowed three of the students to graduate in May. The fourth student intends to graduate in August. (link) Compliance/Regulatory & Legal Events August 29, 2015: Citing the importance of the First Amendment, Columbia University asked a judge Friday to reject a student's lawsuit alleging the school failed to protect him after a onetime friend called him a \"serial rapist\" and carried a mattress around campus to protest sexual abuse. The New York City university said in a federal court filing that it was a \"fatal flaw\" in Paul Nungesser's lawsuit that he failed to sufficiently claim intentional gender discrimination by Columbia. His lawsuit alleged that the university's actions caused him to face gender discrimination and defamation during the last school year and damaged his job prospects. (link) August 28, 2015: Just one week before their season opener, the Illinois Fighting Illini have fired football coach Tim Beckman amid allegations of influencing medical decisions and pressuring players to play hurt, athletic director Mike Thomas announced Friday. Thomas issued a statement that said the dismissal was related to preliminary results of an external review into the allegations, which also included efforts to avoid reporting players' injuries. (link) Aug. 25, 2015 romantic rival took advantage of inadequate cyber security at Ronald Reagan Medical Center to access and disseminate the private health records of a medical assistant, an attorney told a jury Tuesday. (link) August 25, 2015: Rutgers head coach Kyle Flood could face a suspension or firing because of impermissible contact with a university faculty member regarding the status of one of his players, two people with knowledge of the situation told Advance Media. (link) Aug. 24, 2015: On Monday, a federal appeals court ruled that the Federal Trade Commission (FTC) has the power to take action against companies that employ poor security practices. The ruling, from the United States Court of Appeals for the Third Circuit, came as part of a lawsuit between the and Wyndham Worldwide Corporation, which manages a collection of hotels throughout the US. [Editor's Note: While the linked story is not outwardly related to higher education, this ruling interprets the FTC's broad authority to allow for regulation of cyber security which may have implications within the higher educational environment.] (link) Aug. 21, 2015: The University of Alabama was back in federal court this week defending its trademark rights to the houndstooth pattern when it comes to fan merchandise. At the center of Alabama's complaint is a legal settlement last year that gave the university ownership of the Houndstooth Mafia logo federal judge in Birmingham confirmed the settlement and ordered the U.S. Patent and Trademark Office Trademark Trial and Appeal Board to vacate its 2013 opinion that granted the trademark registration to two Alabama fans who created the logo. (link) August 21, 2015: Baylor University will conduct an investigation into the school's handling of sexual assault allegations against a football player who was allowed to transfer into coach Art Briles' program despite a history of disciplinary problems at Boise State. Following the conviction of defensive end Sam Ukwuachu on sexual assault charges, Baylor President Ken Starr on Friday called for a \"comprehensive internal inquiry into the circumstances associated with the case and the conduct of the offices involved.\" (link) Aug. 20, 2015: Pennsylvania's 14 state-owned universities are implementing criminal background checks on all of their professors, even though most do not teach minors and are exempt from such checks under state child protection law, the faculty union says. So on behalf of its members, the Association of Pennsylvania State College and University Faculties has gone to Commonwealth Court, seeking an injunction that would block the program's implementation across its 6,000-member bargaining unit. (link) Aug. 19, 2015: Janet Napolitano, president of the University of California and a former prosecutor and secretary of Homeland Security, warned in an article in the Yale Law & Policy Review published online this month that \"a cottage industry is being created\" on campuses dedicated to handling tasks that fall outside the expertise of colleges and universities. \"Rather than pushing institutions to become surrogates for the criminal justice system,\" she said, policymakers should ask if \"more work should be done to improve that system\u2019s handling and prosecution of sexual assault cases.\" (link) Aug. 18, 2015 state university in southwest Ohio has announced that its foreign-worker visa program is under federal investigation. Wright State University near Dayton says it has disciplined three administrators, including its provost, in connection with the investigation. School leaders say in a statement first issued Monday that they were informed earlier this year of \u201ccredible evidence\u201d that sometime between two and five years ago not every employee sponsored by the school under H-1B work visas was actually working for the school. (link) Aug. 17, 2015: The District Court for the District of Columbia ruled that the Department of Homeland Security (\u201cDHS\u201d) did not follow required procedures when it promulgated regulations allowing for certain extensions of F-1 Optional Practical Training (\u201cOPT\u201d) employment authorization. However, in a compromise move, the Court vacated the regulation and all subsequent amendments (\u201cvacatur\u201d), but ordered that the vacatur be stayed for six months to February 12, 2016, to allow time to submit the rule again with appropriate notice and comment. There is no immediate impact on or \u201ccap-gap extensions. (link) August 17, 2015: For the last four years, a little-known civil rights office in the U.S. Department of Education has forced far-reaching changes in how the nation\u2019s colleges and universities police, prosecute and punish sexual assaults on campus. With a strong mandate from President Obama and Vice President Joe Biden, the office's lawyers have redefined campus sexual assault as a federal civil rights issue, changed the standard by which allegations must be judged and publicized the names of a growing number of schools under investigation for allegedly failing to respond properly to complaints of sexual misconduct. (link) Aug. 17, 2015: In a unanimous decision, the National Labor Relations Board declined to assert jurisdiction in the case involving Northwestern University football players who receive grant-in-aid scholarships. The Board did not determine if the players were statutory employees under the National Labor Relations Act (NLRA). Instead, the Board exercised its discretion not to assert jurisdiction and dismissed the representation petition filed by the union. (link) August 14, 2015: The University of North Carolina at Chapel Hill announced on Friday that its officials had reported additional potential violations to the that may implicate the women's basketball and men's soccer teams. The university said in a written statement that, in the course of preparing to release emails from the Wainstein investigation into Chapel Hill's academic-fraud scandal, it had uncovered \"additional examples of possible instances of improper academic assistance provided to a few former women's basketball players.\" The university said the examples were \"directly related\" to one of the NCAA\u2019s recent allegations against it. (link) August 13, 2015: Maryland women\u2019s basketball assistant coach Bryce McKey has been charged with sexual abuse against a player he coached while serving as an assistant with the Xavier women\u2019s basketball team. McKey will be arraigned Friday morning in Kenton County District Court on a misdemeanor charge of sexual abuse in the third degree, which stems from a May 2 incident involving a Xavier women\u2019s basketball player. Maryland indefinitely suspended McKey on Thursday evening, according to a school spokesman. (link) August 13, 2015 former Eastern Oregon University administrator who successfully defended himself against a multimillion-dollar lawsuit accusing him of raping a co-worker has lost his latest attempt to get the state to foot his $100,000 legal bill. The Oregon Court of Appeals ruled Wednesday that the state isn't obligated to pay Robert L. Davis' defense costs for the late-night encounter in an Atlanta hotel room. Davis had argued that he was being sued for something that allegedly occurred while he was on the job. (link) August 13, 2015: Texas University is quick to tout the work of its law school graduates. In one news release, for instance, university officials say law students have provided more than 120,000 hours of free legal services valued at more than $2.4 million. But much of that work was done by alumni who earned degrees from Texas Wesleyan School of Law in Forth Worth before purchased the school in 2013 did not previously have a law school. While has taken credit for their work, the school won't recognize them as alumni, dozens of the graduates argue in a class-action lawsuit filed Tuesday. (link) August 12, 2015 former Berkeley football player has sued the University of California over alleged medical malpractice surrounding the prevention and treatment of concussions. Bernard Hicks played for the Golden Bears from 2004 to 2008 and suffered from multiple concussions during games and practices, according to the lawsuit filed Aug. 3 against the Regents of the University of California. The suit claims that the university failed to take reasonable measures to prevent head injuries. (link) August 11, 2015: The University of Iowa this week acknowledged the U.S. Department of Education\u2019s Office for Civil Rights is investigating its handling of sexual misconduct allegations involving a student with disabilities. It is the office\u2019s second investigation of the campus this year officials in June announced they had received notice of a federal investigation related to the firing of former field hockey coach Tracey Griesbaum, and officials this week acknowledged a second unrelated investigation. (link) August 10, 2015 Tennessee judge has ruled that a university cannot shift the burden of proof onto an accused student and force them to prove a crime didn't occur. Judge Carol McCoy has overturned a University of Tennessee-Chattanooga decision that found former wrestling star Corey Mock responsible for sexual assault, claiming the school provided no evidence to prove the assault happened. McCoy found that \"improperly shifted the burden of proof and imposed an untenable standard upon Mr. Mock to disprove the accusation\" that he assaulted Molly Morris, a fellow classmate. (link) August 7, 2015: Controversial bills that would arm people on college and school campuses with concealed guns will be back before the Legislature in 2016. The two National Rifle Association-backed proposals failed to pass the House and Senate in 2015. Lawmakers filed them again this week for the legislative session that starts in January. One 68 4001), introduced by Sen. Greg Evers, R- Baker, and Rep. Greg Steube, R-Sarasota, would allow anyone with a concealed carry license from the state to bring their guns with them on college campuses. The other 72), by Evers, would give school districts the power to arm a current or former member of the military or law enforcement in each school. (link) August 7, 2015: The University of Northern Iowa has been advised to tighten internal controls, conduct independent reviews of financial deposits, and improve the way it maintains records after the state auditor recently uncovered thousands in undeposited or improperly deposited collections in the College of Education. (link) Aug. 6, 2015 decision on whether a racial discrimination lawsuit filed against University of Maryland Eastern Shore (UMES) by a former provost and vice president of academic affairs goes to court could come mid-September. The discrimination lawsuit filed against by Ronald Nykiel is one of several currently pending by white professionals against the historically black university for which they worked. (link) August 5, 2015 former Clark University student who was dismissed from the college on allegations he raped another student is asking a federal judge to reinstate him as a student and declare the college's policies regarding these matters as unconstitutional. The lawsuit, filed in U.S. District Court against Clark University by a John Doe from Connecticut, challenges the procedures used by the college to investigate claims of rape. The former student is seeking money and for a federal judge to issue an order purge the decisions made by Clark University officials who found he violated the student code of conduct. (link) August 4, 2015 South Carolina judge has blocked a law school in Charleston from laying off a tenured professor suing over her termination --- at least until her case plays out in court. Judge R. Markley Dennis in Charleston County has told lawyers involved in the dispute that he will issue an injunction against Charleston School of Law, allowing Professor Nancy Zisk to keep her job for now, her attorney told Law Blog on Tuesday. (link) August 4, 2015: Kansas State University --- where a controversial $1.25 billion biosecurity lab facility is under construction --- secretly faced federal sanctions last year after repeatedly violating safety regulations during its research with bioterror pathogens, records obtained by show. Kansas State\u2019s \u201chistory of non-compliance\u201d during four consecutive inspections over two years shows a \u201csystemic problem\u201d and has \u201craised serious concerns\u201d about the university\u2019s ability to put safeguards in place to ensure safety and containment of dangerous pathogens, according to a March 2014 letter to the university from federal lab regulators. (link) August 4, 2015: Colleges would not be allowed to punish a student for committing sexual assault unless the alleged victim agrees to report their attack to police, under a pair of new bills pushed by national fraternity organizations and opposed by higher education groups. The North-American Interfraternity Conference and the National Panhellenic Conference, umbrella groups representing fraternities and sororities, are promoting legislation that calls for new protections for students accused of rape. The legislation, introduced last week in the House of Representatives, would also limit the cases that colleges can investigate. (link) August 4, 2015: The University of Oregon has agreed to pay $800,000 to settle a lawsuit brought by a student who claimed she was sexually assaulted last year by three basketball players. The 18-year-old woman, who is identified in the suit as Jane Doe, on Tuesday dismissed all claims against the university. Last week, she also dismissed all claims against head basketball coach Dana Altman. According to the settlement agreement with the university, the school will also waive her tuition, housing and student fees for four years. (link) August 3, 2015: Wheeling Jesuit University will pay the federal government $2.3 million to settle claims that the West Virginia institution misspent research grant funds over nearly a decade. The settlement, announced by the U.S. attorney for West Virginia's northern district and by the university, resolves allegations that were raised in a 2012 audit by the National Aeronautics and Space Administration, which focused on a former federal official who became a vice president at Wheeling Jesuit. (link) July 31, 2015: The was given a respite Friday when the 9th U.S. Circuit Court delayed the implementation of possible payments to athletes for the use of their names, images and likenesses. (link) Campus Life & Safety Events August 28, 2015 Savannah State University student in Georgia was killed Thursday night in a shooting on campus. Christopher Starks, a junior from the Atlanta area, was rushed to a local hospital, where he was pronounced dead Friday, the university said in a statement. The shooting was triggered by an altercation at the school's student union building, the statement added. No arrests have been made so far and the Georgia Bureau of Investigation has launched an inquiry. The university campus was on a two-hour lockdown following the shooting. The lockdown was lifted around Thursday midnight. The university said Friday's classes will be delayed until 10 a.m. (link) August 27, 2015: There was no active shooter at the Mississippi State campus and reports of shots being heard are the result of ''panic and clutter,'' Mississippi Highway Patrol spokesman Chris Turnipseed told on Thursday person of interest related to the initial emergency call was taken into custody, he said. There was no weapon on him, Turnipseed said. Mississippi State's emergency alert system on Thursday warned of a potential active shooter on campus and asked people to seek safety. (link) August 26, 2015: An Auburn dean says his recommendation to keep the public administration program alive in the face of closure in 2013 was not influenced by athletics. Joseph Aistrup, the dean at the College of Liberal Arts, told AL.com three factors influenced his request to keep the program afloat amid uncertainty, and none of those reasons had to do with the influx of athletes in the classroom. (link) Aug. 25, 2015: \"Fun Home\" may be a critically acclaimed graphic novel, but some students at Duke University don't find it very impressive at all number of incoming students at the elite North Carolina institution have refused to read the book, sent to all members of the Class of 2019, because they say its sexual themes and images conflict with their moral standards and religious beliefs. (link) Aug. 25, 2015: The national office of the Sigma Nu fraternity suspended all activities at its Old Dominion University chapter Monday as it opened an investigation into three sexually suggestive banners that were hung from the front porch of the group's off-campus house over the weekend. \"The Fraternity condemns the derogatory and demeaning language used on the banners,\" the fraternity's executive director Brad Beacham said in a statement. \"Such language has no place in our Fraternity or within any caring community, such as that of ODU.\" Beacham vowed that any fraternity members deemed responsible for what he called the \"reprehensible display\" would be held accountable. (link) Aug. 25, 2015: Thanks to a new bill veterans won't have to worry about paying out-of-state tuition at any public university. Provisions in the Veterans' Access to Care through Choice, Accountability, and Transparency Act of 2014 will require all public universities to offer in-state tuition to veterans making use of their Bill. (link) Aug. 20, 2015 new policy governing admissions decisions was adopted Thursday by the University of Texas System Board of Regents, with the only no vote coming from the regent who raised questions about admissions practices in the first place. The 7-1 vote approved a policy that permits a campus president to order the admission of a \"qualified student\" who might otherwise be rejected, but only on \"very rare\" occasions and only in situations of \"highest institutional importance.\" The policy, which applies to undergraduate admissions at UT-Austin and eight other academic campuses, is effective immediately. (link) August 18, 2015 student at the Art Institute of Tennessee in Nashville has been accused of breaking into the school and stealing thousands of dollars in equipment. Thousands of dollars\u2019 worth of cameras and other equipment was stolen from the school back in June. Nearly two months later, officials with Metro police said Marquise Crudup was arrested Monday night in connection with the incident. (link) Aug. 17, 2015 fraternity at the University of Central Florida has been suspended after officials received a report about a recording that allegedly captured comments encouraging rape, documents indicate. In the video recording, at least one member of the Sigma Nu fraternity can be heard yelling phrases that include, \u201cLet\u2019s rape some b____,\u201d according to a redacted incident report on the matter provided to The Washington Post by the university. (link) August 17, 2015: Close to half of residential four-year colleges nationwide reported zero sexual assaults from 2011 to 2013, according to a new analysis of federal data shared in advance with The Huffington Post, something sexual assault advocates and experts consider a troubling sign. \"If you see a school with zero reports, then it suggests that at that school, no one's comfortable reporting it,\" said Lara Kaufmann, senior counsel at the National Women's Law Center.(link) August 17, 2015: After Ashland University on Friday laid off 23 instructors -- many of them tenured -- and eliminated another nine teaching positions, President Carlos Campo described the future at the financially troubled university as \"bright.\" The move is a drastic one. Generally colleges avoid laying off tenured faculty members, and do so only if they're struggling to pay bills. Guidelines from the American Association of University Professors implore universities not to lay off tenure-track faculty unless financial exigency -- a monetary crisis that threatens the survival of the institution -- has been declared, which is not the case with Ashland. (link) August 16, 2015: Four firefighters suffered minor injuries battling a blaze that gutted a building at Washington College in Chesterstown. The fire reported at around 8 p.m. Saturday occurred in a building housing the college's business office and Office of information Technology. (link) August 14, 2015 townhouse that burned last week, killing a Georgetown University graduate, marked the fourth fatal off-campus fire at a U.S. college in the 2014-2015 academic year. According to Washington, D.C. officials, the owners of the townhouse were not licensed to rent rooms or apartments. An investigation revealed that the house did not have a sprinkler system and there was no evidence of a fire escape. Although the house had smoke detectors, it is unknown at this time whether they were in working order or met inspection requirements. (link) August 14, 2015: Something strange is happening at America\u2019s colleges and universities movement is arising, undirected and driven largely by students, to scrub campuses clean of words, ideas, and subjects that might cause discomfort or give offense. Last December, Jeannie Suk wrote in an online article for The New Yorker about law students asking her fellow professors at Harvard not to teach rape law--or, in one case, even use the word violate (as in \"that violates the law\") lest it cause students distress. In February, Laura Kipnis, a professor at Northwestern University, wrote an essay in The Chronicle of Higher Education describing a new campus politics of sexual paranoia--and was then subjected to a long investigation after students who were offended by the article and by a tweet she\u2019d sent filed Title complaints against her. In June, a professor protecting himself with a pseudonym wrote an essay for Vox describing how gingerly he now has to teach. \"I'm a Liberal Professor, and My Liberal Students Terrify Me,\" the headline said. (link) Aug. 13, 2015 school and students at odds over a sign that once hung in the student center at Henderson State University. The sign reading \"sagging pants\" would not be tolerated upset many students on campus. After only being up for two days, the sign has been taken down. Students told Channel 7 they believe the sign was targeting them, but administration says they're just holding their students to a higher expectation. (link) August 13, 2015: Students returning to class at the University of Texas System\u2019s campuses this fall will be participating in the nation\u2019s most comprehensive study on sexual assaults ever conducted in higher education.The University of Texas System has funded a $1.7-million multiyear study on sexual assaults, dating violence, stalking and sexual harassment at 13 of its college and medical campuses. The study, to be conducted by researchers at Austin\u2019s School of Social Work for the System, will range from online questionnaires for students; surveys and focus groups of faculty, staff and campus law enforcement; and a 4-year cohort study of entering freshman to identify the psychological and economic impact of sexual violence. (link) Aug. 12, 2015: \"The traditional hardbound textbook will soon be a thing of the past, at least in terms of freshman/sophomore year,\" says David Anderson, executive director of higher education at the Association of American Publishers. \"Many of our members in the higher education sphere really see this as the future and they stop talking about themselves as publishers; they're digital learning companies.\" (link) Aug. 6, 2015: Vanderbilt football has started the season with a fumble. Managers of the team's Twitter account on Thursday posted an apology for a previous tweet containing the phrase PERMISSION!\" The now-deleted Tweet came less than a year after a jury trial where two of the team's former players were convicted of aggravated rape. The verdict was overturned in June after the judge declared a mistrial, and prosecutors have vowed a retrial. (link) August 5, 2015: Sixty students were left in the lurch this week when Missouri Tech, a for-profit business in St. Charles, abruptly closed its doors, locking students out in the middle of the term and producing uncertainty over what options they have to continue their education. The school\u2019s sudden closure took many, including the state, by surprise. (link) Aug. 4, 2015: Students hitting the college bookstore this fall will get a stark lesson in economics before they've cracked open their first chapter. Textbook prices are soaring. Some experts say it's because they're sold like drugs. According to NBC's review of Bureau of Labor Statistics (BLS) data, textbook prices have risen over three times the rate of inflation from January 1977 to June 2015, a 1,041 percent increase. (link) August 3, 2015 Twitter fight with a Maryland woman has left a Texas Christian University student on probation and banned from most campus activities at a college he considered his new home. The family of Harry Vincent, 19, and an advocacy group are trying to pressure to respect students\u2019 free speech rights and reverse its punishment of Vincent. The family has even considered whether to sue. (link) Aug. 1, 2015: The Obama Administration announced it will begin providing Pell grants to federal prisoners, effectively overturning a 1994 ban on the practice. While overturning the ban requires Congressional action, the administration is circumventing Congress by designating the plan a \"pilot program.\" If allowed to stand, the administration's unauthorized action would be costly to taxpayers. From 1972-95, before Congress issued the ban, inmates received $34.6 million a year in Pell grants. Under the new pilot, prisoners will receive up to $5,775 for tuition, books and other related expenses -- money which does not have to be repaid. (link) Other News & Events Aug. 24, 2015: Besides talking about improvements to business sales, showing off the Apple Watch in store, and stating that a \"global solution is coming shortly\" for promoting Apple Music in stores, Angela Ahrendts (Apple Sr of Retail and Online Stores) used her own personal experience with her children to introduce a new Apple Watch sales tactic. Ahrendts told employees that the Apple Watch is \"the greatest back to school item this year\" as it can be used in the classroom without a teacher seeing, unlike with a larger iPhone don't think the teachers have caught on to the Watch yet,\" Ahrendts said, adding that retail staff should tell students to \"jump on it before the teachers do.\" (link) If you have any suggestions, questions or feedback, please e-mail me at [email protected]. We hope you find this information useful and would appreciate hearing your thoughts. Feel free to forward this email to your direct reports, colleagues, employees or others who might find it of value. Back issues of this newsletter are available on our web site at If you have any suggestions for items to include in future newsletters, please e-mail Robert Gottesman at [email protected] Department of Internal Auditing Auburn University 304 Samford Hall M. Kevin Robinson, Exec. Director [email protected] 334.844.4389 \u00a9 Redistribution of this newsletter, with or without modification, is permitted provided Auburn University Internal Auditing is listed as the source."}
7,551	Nicholas Ltaif	Schenectady County Community College	[ "7551_101.pdf" ]	{}
7,420	Eugene Sklar	Manatee Community College	[ "7420_101.pdf", "7420_102.pdf", "7420_101.pdf", "7420_102.pdf" ]	{"7420_101.pdf": "officials study hiring process - [email protected] Updated March 31, 2007 9:12 PM\| - Manatee Community College officials are scrutinizing the screening procedures for hiring staff and instructors, after allegations of sexual harassment from a female teacher and two students led to the resignation of an adjunct professor. There was never a background check conducted for Eugene Sklar, 68, as required by the college at the time he was hired as an anatomy and physiology professor in January 2006, said spokeswoman Kathy Walker. \"They all must agree to be fingerprinted,\" she said. \"He never went.\" In response officials have started an audit of 400 staff to ensure they received background checks. \"We'll see what the outcome of that is to make adjustments, if any changes need to be made,\" said Jennifer LaHurd, assistant director of human resources. Officials said they are confident in the system, and want to make sure it is being followed. Once the allegations surfaced against Sklar, he quickly resigned. Only have a minute? Listen instead 1.0x Powered by Trinity Audio 00:00 04:45 10 10 Log In \| Subscribe \"He did not go to class again. He did not step foot on campus again. He was gone,\" Walker said. \"From that perspective, the process worked. Our regret is that he was there in the first place. Wonderful academic credentials don't necessarily mean you have stellar personal character.\" Sklar, who earned degrees from the University of Detroit School of Dentistry and the Mayo Clinic School of Graduate Medical Education, resigned Feb. 15 after two female students filed complaints with MCC. They accused him of making improper comments and touching and hugging them inappropriately. In an incident report, a 32-year-old student told officials that Sklar made her uncomfortable by paying her too much attention. On one occasion while she was talking to another student about a visit to the chiropractor, Sklar overheard her ask whether it was appropriate to be asked to remove her clothes and change into a gown. \"She likes to get naked,\" Sklar reportedly said to a male student. The student told Sklar that she didn't and Sklar replied, \"Why not? When you have a figure like you do, you should want to be naked.\" Humiliated, the student said she rushed from the room only to have Sklar follow her out to ask her about her work. Then, she said, Sklar embraced and bent down as if to kiss her. Another student also reported witnessing the incident, the report said. The second student, age 45, also said in a phone conversation to investigators that Sklar's behavior bothered her. She said Sklar touched her hair and put his arm around her when she was walking with a friend to her car. At that, she pulled away. The students' complaints were not the first on Sklar. Two months before, a professor alleged that Sklar had sexually harassed her. After a December meeting held in her office, the professor said she had tried to shake his hand after their conversation, but Sklar went around her desk and gave her a \"huge bear hug\" and a \"full kiss on the lips.\" In the report, she said she sent him out of her office and informed the department chair of what had happened feel uncomfortable, but not to the point want to get someone fired,\" she said in the report. In an apology letter to the professor, Sklar stated that \"the hug and kiss was simply a greeting and thank you\" for her help. Sklar declined comment to the Bradenton Herald about the allegations. Sarah Pappas president, called the mistake \"unacceptable\" in an e-mail she sent to students want to send a strong message that has a zero tolerance policy for such conduct. This is essential for maintaining an environment conducive to teaching and learning,\" the statement said. \"Our students and staff have the right to have total confidence in every single faculty member, whether it's an adjunct instructor teaching one class or a professor with a full load. We expect all faculty members to meet the high standards of MCC.\" Students seemed pleased with the way the college treated the situation. \"It slipped past their check and they found out about it and they took care of it,\" said student Kerri Clark. Kendal Shanz, another student, said that the college has not tried to cover up the problem and is serious about addressing future problems should any arise. \"It's a fact of life. It's not something that reflects badly on the school,\" she said. \"If anything did happen to you, they would take care of it.\" John Short, a freshman at MCC, said that his teachers' behavior has been professional. \"Every teacher have had, they're very sure not to cross that line,\" he said. -------------------------------------------------------------------------------- This story was originally published March 31, 2007 at 8:49 PM. News Alerts Get major news fast with an alert sent to your e-mail inbox By submitting agree to the Privacy Policy and Terms of Service. 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 Customer Service Start a Subscription Cancel a Subscription Make a Payment View Edition About Us Contact Us Newsletters Archives Personal Finance McClatchy Advertising Place an Ad Place a Classified Ad Place an Ad - Celebrations Place an Obituary Staffing Solutions Political \| Advocacy Advertising", "7420_102.pdf": "Ex teacher did jail time Eugene Sklar's history of sexual misconduct escaped detection Published 4:08 a.m March 18, 2007 Updated 4:59 a.m March 18, 2007 teacher who resigned from Manatee Community College last month after one colleague and two students accused him of sexual harassment had a history of sexual misconduct, records show Herald-Tribune inquiry found that never ran a background check as required under school policy on Eugene Sklar, 68, before hiring him in January 2006 to teach anatomy and physiology. But Michigan state records show that Sklar not only received a jail sentence for criminal sexual misconduct but later lost his dentistry license after 11 female patients reported acts of sexual misconduct spanning 12 years, a Herald-Tribune analysis found administrators said they have begun a comprehensive audit of the personnel records of the school's more than 400 staff members to determine how many others, if any, never received criminal background checks. \"We have learned during the internal follow-up of this incident that mistakes were made in the college's screening and background check procedures President Sarah Pappas said in a prepared statement. \"That is unacceptable.\" Sklar resigned Feb. 15 when administrators confronted him with two female students' accusations that he made lewd remarks and hugged and touched them inappropriately. Two months earlier, a female colleague at MCC's Venice campus, where Sklar was an adjunct professor, reported to school administrators that Sklar gave her a \"bear hug\" one day and turned her toward him, giving her \"a full kiss on the lips,\" according to complaint documents obtained by the Herald-Tribune Herald-Tribune background check and a search of police records in Michigan, where Sklar was born and practiced dentistry for 28 years, revealed a pattern of similar behavior: The sentence came after seven female patients reported separate incidents that occurred while he was alone with each of them in his office between 1975 and 1977. Accusations ranged from Sklar's rubbing their breasts to his placing their hands on his crotch while he masturbated. Most occurred, the women said, while they were under partial sedation from oral surgery officials said Sklar answered \"no\" to all four application questions asking about criminal history. Human Resources Director Margaret Beck initially said Sklar \"came up clean,\" during background checks. When asked for copies of the background report results, spokeswoman Kathy Walker later said a check never occurred. Human resources staff failed to locate the printed record usually placed in a staff member's file. \"The vast majority of the time the system works, but it broke down in this case,\" Walker said. Walker could not say how many other faculty or staff members have not undergone background checks. The question prompted Pappas to direct administrators to \"take immediate steps to put in more checkpoints to guard against human error. \"I'm satisfied with the initial steps they have taken to conduct a thorough audit, and will monitor their progress in other areas,\" Pappas' statement said. Walker estimated that has lost four to five staff members in the past three years for similar incidents but could not say how many, if any, did not receive background checks before they were hired. As an adjunct professor, Sklar taught part time. Adjunct professors account for about 50 percent of the course hours offered at MCC. Typically, full-time staff members undergo a more rigorous selection process, Beck said. In a brief telephone interview Thursday, Sklar admitted his behavior had been inappropriate. But Sklar refused to answer specific questions about the allegations or his past, answering only that he did not think it relevant to his seeking a teaching job at MCC. \"That's really about all have to say about it,\" Sklar said. Personnel records show Sklar carried strong academic credentials, with degrees from the University of Detroit and the Mayo Clinic Graduate School of Medicine. In the first incident reported to administrators, a female colleague told administrators that Sklar sexually harassed her during a meeting in her office on Dec. 5. When the teacher stood to shake his hand after the conversation, Sklar came around the desk and gave her \"a huge bear hug,\" and tried to kiss her on the lips, according to the complaint. She told the investigator she forced him out of her office and reported the incident to the department chair feel uncomfortable, but not to the point want someone fired,\" she told the investigator. Administrators required that he write an apology and gave him a written reprimand. More complaints surfaced two months later 32-year-old student reported that Sklar made salacious remarks to her in front of other students, inappropriately touched her and attempted to kiss her, records show. The student said Sklar overheard her describing a chiropractor visit in which she was asked to remove her clothes and change into a gown. She had asked the friend if that was appropriate. \"She likes to get naked,\" she reported Sklar telling a male student. When she replied that she did not, Sklar reportedly responded: \"Why not? When you have a figure like you do, you should want to get naked.\" When she left the room, Sklar followed her out and asked about her classwork. Another student then witnessed Sklar put his arms around her and lean his head down to kiss her, the complaint said. The next day, investigators reached another student reported to have received similar treatment. The second student, 45 years old, said Sklar touched her on several occasions. Once, while walking to her car with a friend, Sklar stepped between the two and put his arm around her, she said, touching her hair and prompting her to pull away, the complaint said. News researcher Cindy Allegretto contributed to this report."}
8,360	Robert Wiseman	Michigan State University	[ "8360_101.pdf", "8360_102.pdf", "8360_103.pdf", "8360_104.pdf", "8360_105.pdf", "8360_106.pdf", "8360_107.pdf", "8360_101.pdf", "8360_102.pdf", "8360_103.pdf", "8360_104.pdf", "8360_105.pdf", "8360_106.pdf", "8360_107.pdf" ]	{"8360_101.pdf": "Report physiology professor sexually harassed at least 6 women over 17-year period Kara Berg Lansing State Journal Published 6:30 a.m June 25, 2019 Updated 11:02 a.m June 25, 2019 Michigan State professor was suspended for six weeks after a university investigation found him responsible for sexually harassing six women over nearly two decades. In all, nine women told investigators that Robert Wiseman, a physiology professor in the College of Osteopathic Medicine, made inappropriate and sexually charged comments or jokes in their presence that made them feel uncomfortable. One woman said in 2002 that Wiseman told her and another woman, \"Oh your buttons are open\" while staring directly at their chests, according to a report from the Office of Institutional Equity, which investigates discrimination and harassment complaints. He also asked them, \"Is the seat going to be wet when you get up?\" Kroll Associates investigators found Wiseman had engaged in a pattern of \"unwanted, persistent and pervasive\" sexual behavior toward woman at MSU, creating a hostile environment, according to the report. Kroll is a firm hired to investigate sexual assault and harassment complaints on campus in order to reduce the average review time is no longer working with Kroll spokesperson Emily Guerrant said Wiseman was suspended without pay for six weeks, from Feb. 22 through April 4. He is now back teaching full time at MSU. Wiseman told investigators the women's allegations were not specific, and there was no other way to respond to them other than to \"deny have acted inappropriately,\" according to the report am concerned about comments recreated through the lens of several (redacted) women getting together with her and deciding am 'creepy,'\" he said. Wiseman did not respond to the State Journal's request for comment. He has taught at since May 2001. 'Master manipulator' The woman who interacted with Wiseman in 2002 said she felt \"powerless and very uncomfortable every single day.\" It was common for Wiseman to make sexist remarks and say things like, \"It's a man's world,\" she told investigators. \"He has a big presence,\" she said. \"He was just a power player, a master manipulator.\" The first woman filed a report with the university in January 2018, then others followed suit. Read more: Former Sparrow doctor accused of sexually assaulting men denies allegations, asks for dismissal It was not clear what relationship the women had to Wiseman due to redactions made by MSU's Freedom of Information Act Office. The State Journal obtained the report this month through a public records request filed in early April. In the report, another woman indicated that Wiseman made repeated sexual and romantic advances toward her even after she told him she was not interested, according to the report. He told her \"kinky things\" about his sex toys and about a sex swing he'd bought. He said her size would fit well in the swing, according to the report. She also remembers Wiseman telling her about \"how great he was and how he can satisfy women.\" Wiseman told investigators this was \"mutual consensual discourse,\" rather than him \"running around telling her things.\" When the woman shared several of his comments and Wiseman found out, the woman said Wiseman confronted her. \"He lectured me was (redacted) and he closed the door, stood over me and lectured me,\" she said. \"He told me how this would only make me 'look bad.' He made me feel threatened, like was in trouble. He even said that wouldn't go anywhere if looked bad.\" Wiseman said he didn't recall if he had confronted her, but said he \"wouldn't do that,\" according to the report witness Kroll investigators spoke to had a nearly identical story to what the woman experienced in 2004. Wiseman brought up his sex swing and repeatedly made advances toward her, according to the report have no doubt he will try to undermine my ability to do what do,\" she said. \"He is disgusting and manipulative view him as dangerous, bullish and as a threat. He uses his status to do what he does history of sexual harassment Dating back to 2002, nine women identified in the report detailed sexual comments and jokes Wiseman made, both to them and in front of them, that made them uncomfortable. One of the women said Wiseman would often intervene in conversations with sexual comments or jokes. He was the type of person who would always \"shock you a little bit\" by telling sex-related stories or making lewd comments. \"It was always a fine line with him between what's appropriate and inappropriate,\" she said. Two women told similar stories about separate instances when they were talking in a group about how their knees were sore after a weekend of playing volleyball. Wiseman interjected and told one of the women \"Oh I'm sure that's not the only reason why you were on your knees this weekend,\" according to the report. He told the other, \"Oh sure, that's how you got the bruises on your knees.\" The first woman said it was clear Wiseman was making a sex joke and said this type of comment happened often. Wiseman, however, told investigators that was not the case wouldn't make a comment with sexual connotations. No way,\" he said, according to the report. Another woman investigators spoke to said Wiseman \"goes out of his way to make people feel uncomfortable or nervous wish had said something to him myself, but it was not an easy thing,\" she said. \"Part of it's that it felt like women just have to deal with inappropriate men all the time, so just brushed it off. Now, I'm more compelled to say something.\" The College of Osteopathic Medicine has been criticized in past years for its handling of sexual assault cases after disgraced sports medicine doctor Larry Nassar's effective life sentence for sexually assaulting hundreds of women and girls. William Strampel, the former dean of the College of Osteopathic Medicine, was found guilty of misconduct in office and willful neglect of duty on June 12 after seven days of testimony in a jury trial. The jury determined he used his power as dean to proposition and control female medical students. Prosecutors said he had a sexual, corrupt intent when he used innuendos and crude comments toward the students. Jurors also determined Strampel showed \"complete indifference\" as to whether Nassar was following protocols meant to decrease risk for the university following a sexual assault complaint from a patient in 2014. Nassar, too, was an associate professor in the College of Osteopathic Medicine fired him in September 2016 as allegations of sexual abuse began to emerge third man, Michael Phinn, a medical resident within the College of Osteopathic Medicine, is accused of sexually assaulting two women and forcing them to watch him masturbate. Phinn is charged with 12 counts of sexual assault and indecent exposure in Ingham County. He's also facing 12 additional counts of using a computer to commit a crime and unauthorized access to a computer alleging he accessed his colleague's social media and email accounts and saved copies of their private photos. Read more: At MSU: Assault, harassment and secrecy trustees to hire law firm to conduct new Nassar investigation, promises to share results with public Two men, including a 21-year-old from Haslett, dead after shooting in Barry County Michigan headquarters vandalized with anti graffiti To support the State Journal's continued coverage of post-Nassar Michigan State, consider subscribing. Find our current deals and offers here. Contact reporter Kara Berg at 517-377-1113 or [email protected]. Follow her on Twitter @karaberg95.", "8360_102.pdf": "48\u00b0 Lansing \uf0c9 News First Alert Weather Livestream professor suspended 6 weeks for sexual harassment Some excerpts from the 50-page report about the investigation into professor Robert W. Wiseman (source, Michigan State University). (WILX) By Megan Hiler Published: Jun. 25, 2019 at 6:20 Michigan State University professor is back in the classroom after being suspended for sexual harassment. Robert W. Wiseman of the College of Osteopathic Medicine was sent home for six weeks after multiple women accused him of staring at their breasts and making sexual comments. Reclaim is disappointed he only got six weeks spokeswoman told said the punishment needed to be harsher based on the details included in the 50-page investigative report. \"He created a hostile environment for women in his department for 16 years, and he got six weeks suspension? It looks really bad for MSU,\" Anna Pegler-Gordon said. She is also a professor at MSU. Pegler-Gordon added she was upset by the findings of the investigation, but also that this keeps happening. \"Oh no, not again, more problems at that just really show that this goes a lot deeper than just one person.\" One claimant says Wiseman \"told her kinky things about his sex toys and a sex swing he bought.\" Another says she was talking about bruises on her knees from playing volleyball when Wiseman \"jumped into the conversation and told her 'oh sure, that's how you got bruises on your knees.'\" \"Each time that this comes out there is a little bit of shock. You just sort of realize that so many more women have gone through this kind of hostile environment at MSU,\" Pegler-Gordon said. Another woman told investigators that Wiseman would constantly tell 'sex-related stories' or make 'awkward and inappropriate' comments.\" One woman even said the professor would stare at women's 'chest area' and when she and other's would wear a skirt or shorts, Wisman said: \"is that seat going to be wet when you get up was really shocked by what this professor said...but was also really shocked by what he said to the Title investigators because he seemed to have no remorse.\" Several of the women even added that he made them feel powerless. One said when Wiseman found out she'd talked about it and confronted her and said, \"he made me feel threatened like was in trouble.\" Professor Pegler-Gordon hopes this will make people at the university wake up, and make some changes. \"It's about the transparency, the accountability.\" News 10 asked a Michigan State spokeswoman if the university is supposed to tell students when a professor is under investigation or has been suspended in the past. We will let you know when we get a response. We also reached out to Robert W. Wiseman for comment and have not gotten a response. Copyright 2019 WILX. All rights reserved. Most Read by Taboola Sponsored Links Luxury Casino \| Sponsored Fizz \| Sponsored Go farther with reliable cellular coverage across Canada. Starting at $19/month. Switch Now Sign up at Luxury Casino for the Highest Win Rate Guarantee! Elevate your game with the best odds! Jump into the carnival craze with our vibrant game ! 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You May Like 50+ People Protection Canadians Under 80 With No Life Insurance Should Claim This Benefit in March Read Now \uf144 Sheriff\u2019s office issues warning after several reported break-ins Michigan lawmakers, education groups, react to executive order dismantling Department of Education Michigan Public Service Commission approves Consumers Energy rate hike for reliability upgrades Former of football coach charged with identity theft, stealing private student photos and medical data Latest News \uf144 Bird flu detected in a second Ingham County backyard flock \uf144 Dogs left in locked car for days in Jackson County Wanted subject arrested in connection to Ovid shelter-in-place, truck theft Consumers Energy to have overnight power outage in Jackson Co. community \uf144 Interview: Incoming Michigan State freshman Cam Ward is excited to watch his future team in the Tournament and can\u2019t wait to get started \uf144 Michigan State topples Bryant 87-62 to advance to the second round in the Tournament Michigan State basketball was having before taking the floor at the Tournament \uf144 Michigan State fans are prepared for in the Tournament \uf144 Michigan State basketball fans and players prepare for tipoff in Cleveland \uf144 Tom Izzo looks to lead Michigan State on a run in the Tournament \uf144 Interview: Incoming freshman Cam Ward is excited to watch the Spartans in the Tournament \uf144 \uf144 Michigan State men\u2019s basketball departs from the team hotel for its Tournament matchup with Bryant Public Inspection File [email protected] - (517) 393-0110 Terms of Service Privacy Policy Statement Applications 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 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", "8360_103.pdf": "professor found to have sexually harassed women also took money from post-doctoral fellow Kara Berg Lansing State Journal Published 1:35 p.m June 28, 2019 Updated 4:04 p.m June 28, 2019 Michigan State professor who was found to have sexually harassed women for decades also has been convicted of failing to refund grant money within a reasonable time. Robert Wiseman, a physiology professor at MSU, was ordered to pay $1,625 in restitution to a post-doctoral fellow with whom he was conducting grant-funded research. He was accused of taking money from her from a paycheck she received while conducting research away from MSU. He pleaded guilty to willful neglect of duty as a public officer, a misdemeanor, on May 16. With his plea, two felonies, using false pretenses to obtain $1,000 to $20,000 and larceny of $1,000 to $20,000, were dismissed. Wiseman also has to pay a $2,180 cost reimbursement to the prosecutor's office. Wiseman did not respond to the State Journal's request for comment. He has taught at since May 2001 spokesperson Emily Guerrant said Wiseman has no restrictions in place following his suspension. He is allowed to work with graduate students, but he is currently doing lab-based research and has limited contact with students. The fellow testified at a preliminary hearing that, when she left during her time as a fellow to work on another research collaboration that was loosely connected to her research, Wiseman did not want to pay her for the month she was away. She offered to take unpaid leave, according to court records, and tried to contact payroll so she could set that up. But Wiseman told her not to worry about it, that they would figure it out when she returned, she testified. Wiseman's attorney, David Nacht argued at the preliminary hearing that the woman was lying about what Wiseman had told her before she left MSU, according to court records. Once she returned to MSU, Wiseman asked her to write him a personal check for the paycheck the university had given her out of the grant money during her time away, the woman testified. She wrote him a personal check for $1,500, which he refused because he said it was \"ridiculous\" and not enough, she testified. So she wrote him a second check for $1,625. She didn't feel like she had any other choice, she testified. \"He had the right to fire her or not fire her,\" Assistant Prosecuting Attorney Teddy Eisenhut said. \"Dr. Wiseman never had a right to this money in the first place.\" The woman's visa was connected to her work at MSU, and, if Wiseman fired her, she would have to leave the U.S. Nacht argued there was no sign of felonious intent on Wiseman's part. He said, even if police found the personal check to be suspicious, that didn't mean Wiseman had to be charged with multiple felonies. Even a co-researcher, Ronald Meyer, testified that he told Wiseman, \"boy that was really dumb\" when Wiseman told him about the personal check, because of how his actions would be perceived. But that doesn't make it a felony, Nacht said. Patricia Hampton, an financial officer, said Wiseman tried to submit a check to for $1,625 out of his personal account, something professors never do, Hampton testified. She checked with her boss, who told her to not deposit it, Hampton said. She held onto it to make sure everything was squared away before she took any action with the check. This, however, was after Wiseman had already been contacted by police, Eisenhut said Police Sgt. Chad Davis said the university's Office of Institutional Equity, which investigates discrimination and harassment complaints, contacted the department about the check. The also found Wiseman to be responsible of sexually harassing six women over a 17-year period. He was suspended without pay for six weeks, from Feb. 22 to April 4 and is now back teaching full time at MSU. Read more: Report physiology professor sexually harassed at least 6 women over 17-year period Contact reporter Kara Berg at 517-377-1113 or [email protected]. Follow her on Twitter @karaberg95.", "8360_104.pdf": "Michigan State University professor sexually harassed six women over a 17-year span, including repeated references to sex toys and his erotic swing, according to a university- sanctioned report \u2014 but has returned to teaching full-time after just a six-week suspension. Robert Wiseman, a physiology professor in the College of Osteopathic Medicine, engaged in a pattern of \u201cunwanted, Professor gets just 6-week ban for sexually harassing women By Joshua Rhett Miller Published June 25, 2019 Updated June 25, 2019, 3:05 p.m Robert Wiseman Michigan State University Married Minnesota lawmaker with four kids accused of soliciting sex from minor Married 911 operator fired after accusing boss of sexual persistent and pervasive\u201d sexual behavior toward six of the nine women who accused him of misconduct at the university since 2002, one year after he started working there, according to a report by MSU\u2019s Office of Institutional Equity. One woman told an independent law firm hired by the school that Wiseman in 2002 made inappropriate comments to her and another woman while staring at their breasts, saying their buttons were open, according to the report obtained by the Lansing State Journal. \u201cIs the seat going to be wet when you get up?\u201d Wiseman also asked the women. Another woman said Wiseman made ongoing, crude sexual references despite her telling him she wasn\u2019t interested in him romantically. Wiseman told her \u201ckinky things,\u201d she recalled to investigators, including about his collection of sex toys and an erotic swing he claimed to own. Wiseman also told the woman that her size would make her a good fit for his swing, as well as boasts about \u201chow great he was and how he can satisfy women\u201d sexually, the woman said. Wiseman downplayed the alleged remarks as \u201cmutual consensual discourse,\u201d but a second woman told investigators that Wiseman also mentioned his sex swing to her and made repeated unwanted advances, according to the report. harassment \u2014 but officials say she was in love and sent him nudes Tennessee sex-romp cop Maegan Hall lands a surprising new gig: report Continue watching This Day in History after the ad \u201cHe is disgusting and manipulative,\u201d the woman said view him as dangerous, bullish and as a threat. He uses his status to do what he does.\u201d Wiseman, who did not return a request for comment Tuesday, was suspended without pay for six weeks between late February and early April for his actions. He characterized the allegations as unspecific and denied acting inappropriately. Two women also recalled separate incidents when Wiseman made vulgar comments to a group after they said they had sore knees after a weekend of volleyball. \u201cOh I\u2019m sure that\u2019s not the only reason why you were on your knees this weekend,\u201d Wiseman said, according to the report. Wiseman, meanwhile, denied making any comment with sexual overtones. The relationship between Wiseman and his nine total accusers was unclear due to redactions in the report, according to the Lansing Journal. The report is the latest black eye for Michigan State, where William Strampel \u2014 a former dean who oversaw disgraced sports doctor Larry Nassar \u2014 was found guilty earlier this month of misconduct in office and willful neglect of duty. Strampel, 71, was charged in March 2018 during an investigation into the handling of complaints against Nassar, who is now serving a prison sentence of up to 175 years after pleading guilty to sexually assaulting nine women and a family friend under the guise of treatment and possessing child pornography.", "8360_105.pdf": "College professor suspended due to sex harassment complaints By News Staff Posted June 25, 2019 8:11 am. This article is more than 5 years old LANSING, Mich Michigan State University physiology professor who was suspended after more than half a dozen women accused him of sexual harassment has returned to work. School spokeswoman Emily Guerrant tells the Lansing State Journal that Robert Wiseman was suspended without pay from Feb. 22 through April 4. Wiseman teaches at the College of Osteopathic Medicine report from MSU\u2019s Office of Institutional Equity says investigators determined Wiseman engaged in a pattern of \u201cunwanted, persistent and pervasive\u201d sexual behaviour that created a hostile environment. The report says Wiseman denied acting inappropriately. The newspaper says he didn\u2019t respond to a request for comment. The sexual assault claims are among the latest at Michigan State. Ex-sports medicine doctor Larry Nassar is in prison after hundreds of girls and women said he molested them. ___ Information from: Lansing State Journal, The Associated Press", "8360_106.pdf": "LANSING, Mich Michigan State University physiology professor who was suspended after more than half a dozen women accused him of sexual harassment has returned to work. School spokeswoman Emily Guerrant tells the Lansing State Journal that Robert Wiseman was suspended without pay from Feb. 22 through April 4. Wiseman teaches at the College of Osteopathic Medicine report from MSU's Office of Institutional Equity says investigators determined Wiseman engaged in a pattern of \"unwanted, persistent and pervasive\" sexual behavior that created a hostile environment. The report says Wiseman denied acting inappropriately. The newspaper says he didn't respond to a request for comment. The sexual assault claims are among the latest at Michigan State. Ex-sports medicine doctor Larry Nassar is in prison after hundreds of girls and women said he molested them. College professor suspended due to sex harassment complaints by Associated PressTue, June 25th 2019 at 10:34 Former staffer announces run against Nancy Pelosi: 'America is stuck'", "8360_107.pdf": "LANSING, Mich Michigan State University physiology professor who was suspended after more than half a dozen women accused him of sexual harassment has returned to work at the school that has been beset by allegations of sexual misconduct in recent years. Robert Wiseman, who teaches at the College of Osteopathic Medicine, was suspended without pay from Feb. 22 through April 4, school spokeswoman Emily Guerrant told the Lansing State Journal in a story published Tuesday report produced by MSU\u2019s Office of Institutional Equity \u2014 which investigates complaints of discrimination and harassment \u2014 determined Wiseman engaged in a pattern of \u201cunwanted, persistent and pervasive\u201d sexual behavior that created a hostile environment. Wiseman started working at the East Lansing school in 2001, and the allegations against him date back to 2002, according to the report. The first woman to file an official complaint about him did so in January 2018. College professor suspended due to sex harassment complaints Updated 12:18 EDT, June 25, 2019 Women\u2019s March Madness George Foreman dies F-47 fighter jet Jameis Winston deal Movie rev The report said Wiseman told investigators the allegations by the women were not specific and he denied acting inappropriately. Wiseman didn\u2019t respond to a request for comment, the Journal said. The complaints against Wiseman were just the latest in a series of sexual assault allegations at Michigan State. Earlier this month, a jury found former Osteopathic Medicine dean William Strampel guilty of neglect of duty and misconduct in office. Strampel, 71, had been accused of abusing his power to sexually proposition and harass female students for years and not enforcing patient restrictions imposed on then-sports medicine doctor Larry Nassar following a 2014 sexual misconduct complaint. Nassar is serving decades in prison after hundreds of girls and women \u2014 including athletes at \u2014 said he molested them under the guise of medical treatment. ___ Information from: Lansing State Journal, 1 Trump\u2019s bluntness powered a White House comeback. Now his words are getting him in trouble in court 2 White House rescinds executive order targeting prominent law firm 3 Deportees from the in Panama go embassy to embassy in desperate scramble to seek asylum 4 In latest blow to Tesla, regulators recall nearly all Cybertrucks 5 People named in assassination documents are not happy their personal information was released"}
7,757	Christopher Romanek	University of Kentucky	[ "7757_101.pdf", "7757_102.pdf", "7757_101.pdf", "7757_102.pdf" ]	{"7757_101.pdf": "Two professors accused of harassment left with settlements, no mention to future employers By Linda Blackford [email protected] Updated December 16, 2016 9:16 PM\| The Kentucky Open Records Act allows citizens to get public records from their state and local governments. Government officials sometimes redact portions of the records, which can be challenged. Charles Bertram [email protected] Only have a minute? Listen instead 1.0x Powered by Trinity Audio 00:00 07:53 10 10 Log In \| Subscribe In 2012 and 2013, University of Kentucky investigators recommended that two professors not return to teaching because of violations of the school\u2019s harassment and discrimination code. They left, but with settlement deals promising that would not disclose the cases to future employers. The deals are similar to a nationally publicized case from UK, where associate professor James Harwood was accused of sexually harassing students but was allowed to resign earlier this year under a settlement agreement. The Kentucky Kernel publicized his case, which has turned into an open records court battle with President Eli Capilouto has been particularly critical of the Kernel, saying that writing about the case has hurt the victims. In a recent interview with the Chronicle of Higher Education, Capilouto said he assumed that any problems with departing faculty would come to light during interviews and reference checks as they seek new jobs. But when asked whether the university would disclose those problems, Capilouto said, \u201cIt would depend on the circumstances around a particular case.\u201d In the two earlier cases, both professors adamantly denied any wrongdoing and left with separation settlements before either case was adjudicated through the university appeals process. One of them moved directly to another school. Harwood\u2019s case raised questions about how widespread harassment and discrimination are at UK, and how often perpetrators are punished. The Herald- Leader requested the final cover letters of UK\u2019s other harassment investigations, and it received heavily redacted copies from the Office of Institutional Equity under the state\u2019s Open Records Act. Most of the letters were written by Patty Bender, vice president for equal opportunity at UK. The documents show that the office investigated 57 people between 2011 and 2016 for violations of UK\u2019s harassment and discrimination policy. Investigators recommended that 40 percent of them, mostly staff, be fired, including Christopher Romanek and Anthony Worlbarst. Romanek, a NASA-funded earth science professor who now teaches at Furman University, was investigated in 2013 by the Office of Institutional Equity, which looks into all charges of harassment and intimidation. According to a heavily redacted letter released by UK, Romanek had some type of relationship with a student. This is not prohibited under policy, but it\u2019s discouraged. However, relationships are supposed to be disclosed so a professor does not oversee the work of a student with whom they are involved. \u201cWhen he was questioned about the behavior that finally prompted the student to seek help from our office, Dr. Romanek then stated that he just wanted to advise her in a way that was best for her professional career,\u201d the letter says. \u201cDr. Romanek was clearly in violation of university policy. What is without question is that at no time did he arrange for her to actually be transitioned to another adviser without his ongoing supervision.\u201d The letter also said that he treated the student \u201cin a manner increasingly negative and different than others after she refused a relationship and it was clear that she would not reconsider.\u201d Romanek was suspended from campus and from contact with the student, due to the seriousness of the matter, the letter says. Romanek\u2019s attorney, Steve Amato of Lexington, said Romanek did arrange another adviser, and Amato denied any other inappropriate behavior. \u201cHe was looking for a better professor job anyway, was in the process of being recruited elsewhere and elected at the end of the day not to pursue his defense of this through the full institutional appeal process and simply moved on and voluntarily resigned,\u201d Amato said. Romanek received two months salary and a $25,000 lump-sum payment as part of his settlement agreement. Also in the agreement said that a copy of the investigative letter would be kept in the Office of Legal Counsel, but a copy would not appear in any of Romanek\u2019s personnel files, and that \u201cany official letter of recommendation from the university will give dates of employment, title/position, rate of pay, and reason for termination, e.g., resignation for personal reasons.\u201d Romanek now teaches at Furman University. Furman spokesman Vince Moore would not comment on the case and said only that the university conducts criminal background checks on all prospective faculty and staff. In another case, Anthony Wolbarst, a faculty member in the department of clinical sciences, was investigated twice in 2012 for inappropriate comments and retaliation against whoever reported it, according to the cover letter from the university\u2019s investigative file. \u201cThe ... finding is that Dr. Wolbarst has ignored the warnings and information given to him previously and is clearly in violation of the university\u2019s policy prohibiting both harassment and retaliation,\u201d the Oct. 30, 2012, letter says. \u201cThe office therefore recommends that Dr. Wolbarst should not continue in his position as a faculty member at the University of Kentucky.\u201d By Jan. 30, 2013, Wolbarst and had come to an agreement that would \u201cresolve this matter without the need for further cost or expense and without the need to continue the investigation.\u201d Under the agreement, Wolbarst would resign Sept. 30 and receive about half of his $126,344 salary and any accrued vacation pay during the six months, although he would not report to work. The agreement forbade him from having contact with students or from suing UK, but gave him full retirement benefits. Anyone who asked for references would be given Exhibit B, a list of Wolbarst\u2019s experience in research, publishing and teaching that makes no mention of any of the investigations against him. It says only that he retired in 2013. In a phone interview, Wolbarst said that he did make some \u201ctasteless\u201d comments, but they didn\u2019t warrant losing his job. \u201cIn hindsight can see it wasn\u2019t a great thing to say, but it was not sexual harassment,\u201d he said. He called the investigation \u201ca Kafkaesque situation spokesman Jay Blanton said he could not comment on specific disciplinary matters but that universities often choose settlement agreements to part with faculty because pursuing tenure revocation is a complicated process that could take years. Tenure was created to protect the intellectual freedom of faculty, but it also can protect faculty against firing for misconduct. \u201cBut as President Capilouto has said repeatedly, our approach is guided by the principles of federal law \u2014 stop the victimization, mitigate the effects of that victimization and prevent it from occurring again on our campus,\u201d Blanton said. \u201cSometimes the most efficient and effective way of meeting those obligations is to settle quickly in order to remove the tenured faculty member from campus.\u201d He added: \u201cUnder President Capilouto, the university has utilized settlements far less often than in the past. But they have been used in instances where we believe the alternative is a long and expensive process that would allow a potential perpetrator to stay on campus indefinitely because of the protections provided by tenure.\u201d In September, Capilouto promised reforms regarding the issue of sexual harassment, including a policy that would require any new faculty to complete a questionnaire about past sexual or research misconduct. Those issues would also be examined before granting tenure to faculty. Linda Blackford: 859-231-1359, @lbblackford This story was originally published December 16, 2016 at 11:53 AM. Want to see more content like this Newsletter The latest local, state and national headlines delivered each weekday afternoon By submitting agree to the Privacy Policy and Terms of Service. Take Us With You Real-time updates and all local stories you want right in the palm of your hand Part of the McClatchy Media Network Customer Service Start a Subscription Cancel a Subscription Make a Payment View Edition 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", "7757_102.pdf": "Ohio State drum major instructor indicted for rape May 12, 2015 / 3:31 COLUMBUS, Ohio drum major instructor for Ohio State University's celebrated marching band who is accused of sexually assaulting a female student was indicted on charges including rape, a prosecutor said Tuesday. U.S. World Politics March Madness HealthWatch MoneyWatch Entertainment Crime Sports Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. Stewart Kitchen, 28, is suspected of assaulting the Ohio State student at his home on April 16. The indictment announced by Franklin County Prosecutor Ron O'Brien includes two counts each of rape and sexual battery and a misdemeanor charge of failing to comply with underage alcohol laws. Kitchen faces more than 20 years in prison if convicted, O'Brien said message seeking comment was left with Kitchen's attorney. Court documents allege the assault occurred after Kitchen and the 19-year-old woman went out drinking, and then walked to his Columbus home. The woman reported that Kitchen refused to return her to her home and sexually assaulted her in his bedroom. Kitchen, who was arrested last month and freed on bond, was placed on paid administrative leave April 24. The university also said it launched an internal investigation and is cooperating with law enforcement officials. Christopher Stewart Kitchen, 28 Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting Records released by Ohio State show Kitchen was reprimanded last year for sending an \"inappropriate\" text message, which included a derogatory reference to women's breasts, to fellow band staff members at a pumpkin festival during an Oct. 16 band event. The reprimand came months after the university fired marching band director Jonathan Waters after an internal investigation determined he ignored \"a sexualized culture\" inside the band. Waters has fought the firing, filing a $1 million defamation claim Friday in the Ohio Court of Claims. He also is pursuing a federal civil rights claim of gender discrimination. Waters' halftime shows for what's known to fans as \"The Best Damn Band in the Land\" were considered revolutionary and drew millions of viewers on YouTube. In: Ohio State University Rape Here\u2019s What a 6-Hrs Gutter Upgrade Should Cost You In 2025 Learn More Here's The Average Price for a 6-Hour Gutter Upgrade in Ontario Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting Google Brain Co-Founder Andrew Ng, Recommends: Read These 5 Books And Turn Your Life Around Andrew Ng, computer scientist and technology entrepreneur focusing on artificial intelligence, shares the five books he thinks will change your life. Breakthrough \"Arthritis Gummy\" Takes Canada By Storm Toronto Pensioners Are Eligible For Invisible Hearing Aids Seniors In Canada Eligible For Hearing Aids If They're Born In These Years Here\u2019s What a 6-Hours Gutter Upgrade Should Cost You How can you generate additional income by investing with our signal system? 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Check\u2014and expand\u2014your financial know-how with our quick quiz for women with $500k Receive Free Alerts about Stocks with this New Algorithm Learn More An Unusual Catch and a Developing Story at Toronto Pearson airport Two Women Detained After a Staggering Discovery in Luggage This Small Ball Is Changing Senior Hand Health Learn More Costco extending gas station hours Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. Copyright \u00a92025 Interactive Inc. All rights reserved. Privacy Policy Cookie Details Terms of Use About Advertise Closed Captioning News Store Site Map Social Security to require in person verification The Full Story on Reverse Mortgages [Learn More] Learn More Study Shows Surprising Link Between Aging & your Pillowcase Learn More Most relaxing farm game! Over 40 and own a PC? You\u2019ll love this game! 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7,693	Robert Hanna	University of Colorado ‚Äì Boulder	[ "7693_101.pdf", "7693_102.pdf", "7693_101.pdf", "7693_102.pdf" ]	{"7693_101.pdf": "Feminist Philosophers News feminist philosophers can use Yes, sexual harassment is a thing 21, 2014OCTOBER 21, 2014 2 Those who read Robert Hanna\u2019s response ( ng_Names_Free_Speech_and_Free_Speech) to being named in the recent article ( key=SzglIFZnMyYdYns0ZTxANjsDb3I5ZRohMSdKa3gkblxcGQ) regarding the situation at CU-Boulder, may have also read his paper that he links to in that response, Sexual McCarthyism, Polyamory, and the First Amendment ( (if you don\u2019t understand the relationship between those concepts named in the title, you\u2019re not alone\u2013neither did I). Here is an illuminating snippet: In professional academics, we are now, sadly, in an era of sexual McCarthyism. . . Notice how the phrase \u201csexual harassment\u201d sounds a lot like \u201csexual assault\u201d and non-rationally evokes the same moral disgust as the latter phrase, even though the phrases actually mean very different things. But the non-rational emotional association with the ugly phrase \u201csexual assault\u201d is no doubt precisely why the sexual McCarthyites chose the equally ugly phrase \u201csexual harassment,\u201d and not, e.g., \u201cromantic relationship troubles.\u201d Indeed, sexual McCarthyites like to talk about \u201cvictims\u201d of \u201csexual harassment precisely because in fact there are no such people as \u201cvictims\u201d of romantic relationship troubles\u2013there are just people in all their multifarious peculiarity, having the all-too-familiar romantic relationship troubles with each other \u2014 but they want to evoke, non- rationally, the impression that there are such victims. To be clear, sexual harassment is a thing, and it is not the same thing as \u2018romantic relationship troubles.\u2019 For one, \u2018romantic relationship troubles\u2019 presupposes the existence of a romantic relationship, and sexual harassment often happens outside the context of any relationship (cf. street harassment ( let alone a romantic one. For two, just as an example, sending colleagues unwanted emails soliciting sexual interactions would be sexually harassing, but not an instance of romantic relationship troubles even if you have romantic feelings towards them. Why? Because if your colleagues do not want to be in a romantic or sexual relationship with you, regardless of your desires, there is no sense in which this a problem with your romantic relationship to them\u2013namely, because you do not have one. \u0000\uf017 \uf007 \uf0e6 \uf106 As an interesting matter of history, \u2018sexual harassment\u2019 was not coined in order to elicit moral disgust regarding behaviors which have no victim. Quite the contrary. Susan Brownmiller recounts how the term actually came to be in In Our Time: Memoir of a Revolution (reader\u2019s of Miranda Fricker\u2019s Epistemic Injustice will be familiar with this already, as she quotes this passage in her book): One afternoon a former university employee sought out Lin Farley to ask for her help. Carmita Wood, age forty-four, born and raised in the apple orchard region of Lake Cayuga, and the sole support of two of her children, had worked for eight years in Cornell\u2019s department of nuclear physics, advancing from lab assistant to a desk job handling administrative chores. Wood did not know why she had been singled out, or indeed if she had been singled out, but a distinguished professor seemed unable to keep his hands off her. As Wood told the story, the eminent man would jiggle his crotch when he stood near her desk and looked at his mail, or he\u2019d deliberately brush against her breasts while reaching for some papers. One night as the lab workers were leaving their annual Christmas party, he cornered her in the elevatorand planted some unwanted kisses on her mouth. After the Christmas party incident, Carmita Wood went out of her way to use the stairs in the lab building in order to avoid a repeat encounter, but the stress of the furtive molestations and her efforts to keep the scientist at a distance while maintaining cordial relations with his wife, whom she liked, brought on a host of physical symptoms. Wood developed chronic back and neck pains. Her right thumb tingled and grew numb. She requested a transfer to another department, and when it didn\u2019t come through, she quit. She walked out the door and went to Florida for some rest and recuperation. Upon her return she applied for unemployment insurance. When the claims investigator asked why she had left her job after eight years, Wood was at a loss to describe the hateful episodes. She was ashamed and embarrassed. Under prodding\u2014the blank on the form needed to be filled in\u2014she answered that her reasons had been personal. Her claim for unemployment benefits was denied. \u2018Lin\u2019s students had been talking in her seminar about the unwanted sexual advances they\u2019d encountered on their summer jobs,\u2019 Sauvigne relates. \u2018And then Carmita Wood comes in and tells Lin her story. We realized that to a person, every one of us\u2014the women on staff, Carmita, the students\u2014had had an experience like this at some point, you know? And none of us had ever told anyone before. It was one of those click, aha! moments, a profound revelation.\u2019 The women had their issue. Meyer located two feminist lawyers in Syracuse, Susan Horn and Maurie Heins, to take on Carmita Wood\u2019s unemployment insurance appeal. \u2018And then\u2026,\u2019 Sauvigne reports, \u2018we decided that we also had to hold a speak-out in order to break the silence about this.\u2019 The \u2018this\u2019 they were going to break the silence about had no name. \u2018Eight of us were sitting in an office of Human Affairs,\u2019 Sauvigne remembers, \u2018brainstorming about what we were going to write on the posters for our speak-out. We were referring to it as \u2018\u2018sexual intimidation,\u2019\u2019 \u2018\u2018sexual coercion,\u2019\u2019 \u2018\u2018sexual exploitation on the job.\u2019\u2019 None of those names seemed quite right. We wanted something that embraced a whole range of subtle and unsubtle persistent behaviors. Somebody came up with \u2018\u2018harassment.\u2019\u2019 Sexual harassment! Instantly we agreed. That\u2019s what it was.\u2019 2 thoughts on \u201cYes, sexual harassment is a thing\u201d 1. Colorado\u2019s Troubles in The Chronicle (Updated w/ Reply by Bob Hanna) \| Daily Nous says 21, 2014 4:50 \uf106 [\u2026] 2: Philodaria at Feminist Philosophers has a post replying to part of Hanna\u2019s essay. Some of these issues have been discussed here, before. [\u2026] 2. Sunday feminist roundup (26th October 2014) (feimineach) says 15, 2015 8:01 [\u2026] Yes, sexual harassment is a thing (feministphilosophers): \"Those who read Robert Hanna\u2019s response to being named in the recent article regarding the situation at CU-Boulder, may have also read his paper that he links to in that response, Sexual McCarthyism, Polyamory, and the First Amendment (if you don\u2019t understand the relationship between those concepts named in the title, you\u2019re not alone\u2013neither did I). Here is an illuminating snippet: In professional academics, we are now, sadly, in an era of sexual McCarthyism. . . Notice how the phrase \u201csexual harassment\u201d sounds a lot like \u201csexual assault\u201d and non-rationally evokes the same moral disgust as the latter phrase, even though the phrases actually mean very different things. But the non-rational emotional association with the ugly phrase \u201csexual assault\u201d is no doubt precisely why the sexual McCarthyites chose the equally ugly phrase \u201csexual harassment,\u201d and not, e.g., \u201cromantic relationship troubles.\u201d Indeed, sexual McCarthyites like to talk about \u201cvictims\u201d of \u201csexual harassment precisely because in fact there are no such people as \u201cvictims\u201d of romantic relationship troubles\u2013there are just people in all their multifarious peculiarity, having the all-too-familiar romantic relationship troubles with each other \u2014 but they want to evoke, non-rationally, the impression that there are such victims. To be clear, sexual harassment is a thing, and it is not the same thing as \u2018romantic relationship troubles.\" [\u2026] Comments are closed WORDPRESS.COM. \uf106", "7693_102.pdf": "Mr Robert Hanna: Professional conduct panel outcome Panel decision and reasons on behalf of the Secretary of State for Education November 2024 2 Contents Introduction 3 Allegations 4 Preliminary applications 4 Summary of evidence 6 Documents 6 Witnesses 7 Decision and reasons 7 Findings of fact 7 Panel\u2019s recommendation to the Secretary of State 9 Decision and reasons on behalf of the Secretary of State 12 3 Professional conduct panel decision and recommendations, and decision on behalf of the Secretary of State Teacher: Mr Robert Hanna Teacher ref number: 0533577 Teacher date of birth: 11 January 1978 reference: 19662 Date of determination: 27 November 2024 Former employer: St Saviour\u2019s and St Olave\u2019s of Secondary School Introduction professional conduct panel (\u201cthe panel\u201d) of the Teaching Regulation Agency (\u201cthe TRA\u201d) convened on 27 November 2024 via Teams to consider the case of Mr Robert Hanna. The panel members were Mr Ian McKim (lay panellist \u2013 in the chair), Mrs Bev Williams (teacher panellist) and Ms Katie Dent (lay panellist). The legal adviser to the panel was Ms Clare Strickland of Blake Morgan solicitors. The presenting officer for the was Ms Natalia Constantine of counsel, instructed by Kingsley Napley solicitors. Mr Hanna was not present and was not represented. The hearing took place in public and was recorded. 4 Allegations The panel considered the allegations set out in the notice of hearing dated 2 September 2024. It was alleged that Mr Hanna was guilty of having been convicted of a relevant offence, in that: 1. On 23 November 2021 he was convicted of causing/inciting sexual activity with a female 13-17 (offender over 18 or over abuse of position of trust) on 01/08/18 \u2013 01/4/19 contrary to Sexual Offences Act 2003 s.17 (1) (e) (i) 2. On 23 November 2021 he was convicted of 5 counts of sexual activity with a female 13- 17 offender does not believe victim is over 18 (abuse of position of trust) on 01/08/18- 01/04/19 contrary to Sexual Offences Act 2003. S.16 (1) (e) (i) 3. On 13 December 2021 he was convicted of 4 counts of failing to comply on 01/04/19 with conditions 4 (a) and (b) subject to which a shotgun certificate was held by him. Contrary to Section 2(2) of and Schedule 6 to the Firearms Act 1968. 4. On 13 December 2021 he was were convicted of failing to comply on 01/04/19 with condition 4 (a) and (b) subject to which a firearm certificate was held by him. Contrary to Section 1(2) of and Schedule 6 to the Firearms Act 1968. Mr Hanna did not make any admissions. Preliminary applications Proceeding in absence The panel considered an application from the presenting officer that the hearing should proceed in the absence of Mr Hanna. She relied on the evidence set out in the bundle, which included evidence that: \u2022 The notice of hearing was sent to Mr Hanna\u2019s address in [REDACTED] on 2 September 2024 but returned undelivered. \u2022 Prior to that, Mr Hanna had emailed the on 12 February 2024 and said he wished to receive all correspondence in writing not via email. He did not provide any other postal address. \u2022 On 12 July 2024, a letter from Kingsley Napley solicitors dated 11 July 2024 and sent to Mr Hanna at an address in [REDACTED] was signed for by \u201cLL\u201d before being returned. 5 \u2022 On 20 July 2024, an unidentified item was delivered and signed for by \u201cHanna\u201d \u2022 At various times, Kingsley Napley solicitors and the attempted to email Mr Hanna at the address he had emailed from in February 2024 but he did not reply. \u2022 Kingsley Napley solicitors instructed tracing agents, who identified a potential address in [REDACTED], but post sent to this address was returned marked \u201cnot known\u201d. \u2022 On 31 October 2024, a caseworker spoke to Mr Hanna on the telephone and told him about the hearing date. He said he had not received correspondence about it, and was told that the correspondence sent had been returned as undelivered. He repeated that he did not want to receive email correspondence and said he \u201cdid not see the point\u201d in attending the hearing. He said he would seek advice. Since then, there has been no further contact from him. \u2022 On 11 November 2024, the sent a further letter to Mr Hanna at his [REDACTED] address. It was signed for by \u201cRobert\u201d but then returned marked \u201cnot known here\u201d. The panel was satisfied that the notice of hearing had been served in accordance with paragraph 5.23 of Teacher misconduct; Disciplinary procedures for the teaching profession, May 2020 (the Procedures). It went on to consider whether to exercise its discretion to proceed in the absence of Mr Hanna, in accordance with paragraphs 5.45 \u2013 5.47 of the Procedures. It had regard to the decisions of the House of Lords in v Jones [2002 5 and the Court of Appeal in v Adeogba [2016 Civ 162. The panel concluded that it would proceed in Mr Hanna\u2019s absence. It considered that there was a significant public interest in bringing this matter to a conclusion, given that Mr Hanna was convicted three years ago and the events dated back to 2018-2019. It had regard to the nature and circumstances of his absence. The panel concluded that he was actually aware of the hearing from 31 October 2024 onwards, and that he had the means of attending and/or accessing the material to be relied on by the TRA. He had not sought an adjournment. The panel concluded he had voluntarily absented himself, and that an adjournment was unlikely to result in his attendance. The panel considered the extent of disadvantage he would be under by not being present. It noted that the allegations concerned convictions, and concluded this reduced the disadvantage, but by no means eliminated it. The panel was confident that it could and would mitigate the remaining disadvantage by having careful regard to the written information submitted by Mr Hanna to the TRA. Discontinuance of allegations 3 and 4 6 The panel considered an application from the presenting officer to discontinue allegations 3 and 4. These were put on the basis that Mr Hanna had been convicted, but this was technically incorrect as Mr Hanna had been conditionally discharged. The presenting officer submitted that there was no public interest in seeking to proceed with amended allegations relating to the conduct set out in allegations 3 and 4, as this would necessitate an adjournment to obtain further evidence, and given the seriousness of allegations 1 and 2, there was no public interest in this. She confirmed that discontinuance of the allegations would be final \u2013 the would not seek to revive them in future. The panel noted that the Procedures did not cover this specific situation but concluded that it was appropriate for them to consider the application to discontinue. As a professional regulatory panel, the panel had a duty to ensure that the public interest was served adequately by the proper exploration of allegations. The panel concluded that in the circumstances of this case, the public interest would be satisfied by the discontinuance of allegations 3 and 4. There was no public interest in delaying the final consideration of allegations 1 and 2, which were extremely serious and directly relevant to Mr Hanna\u2019s work as a teacher. Findings on allegations 3 and 4 would be unlikely to add anything to the seriousness of the case, and in those circumstance, there was no public interest in delaying matters to amend or seek further evidence on them. The panel also considered whether it should make a finding on allegations 3 and 4, and if there was insufficient evidence to prove them, find them not proved. It decided that this would not result in any substantial difference to allowing the application to discontinue. Accordingly, the panel agreed that allegations 3 and 4 should be discontinued. It noted that as a professional panel, it could and would disregard those matters entirely when making its decision on the remaining allegations. Summary of evidence Documents In advance of the hearing, the panel received a bundle of documents which included: Section 1: Chronology and list of key people \u2013 pages 3 to 4 Section 2: Notice of hearing and response \u2013 pages 6 to 17 Section 3: Teaching Regulation Agency documents \u2013 pages 18 to 99 Section 5: Teacher documents \u2013 pages 100 to 144 The panel had also received an anonymised hearing list. 7 In addition, the panel agreed to accept the following 21-page bundle of documents entitled bundle\u201d \u2022 An unredacted copy of the notice of hearing confirming the address it was sent to \u2022 Evidence that the notice of hearing was returned to the undelivered The panel members confirmed that they had read all of the documents within the bundle, in advance of the hearing and the additional documents that the panel decided to admit. Witnesses The panel did not hear any oral evidence. Decision and reasons The panel carefully considered the case before it and reached a decision. Mr Hanna was head of physics at St Saviour\u2019s and St Olave\u2019s of Secondary School (the School). In April 2019, Pupil disclosed that they had been engaged in a sexual relationship with Mr Hanna. It had started in June 2018, when Pupil was [REDACTED], shortly after they had completed their GCSEs. It continued for a time after they returned to the School to study for their levels. For some of the time, Mr Hanna was [REDACTED]. Mr Hanna initially arranged a social meeting with Pupil and some other pupils, then started messaging [REDACTED] via social media. There was an occasion when he kissed [REDACTED], and then they began having sexual intercourse. This took place on a number of occasions, including at his home and in hotels. [REDACTED]. Mr Hanna was arrested and charged with a number of criminal offences. He pleaded not guilty. He was convicted following a trial at which Pupil gave evidence. He was sentenced to a total of 3 years\u2019 imprisonment. He appealed against the length of his sentence, but this appeal was rejected. His appeal against a sexual harm prevention order was allowed. So far as the panel is aware, there is currently no live appeal against the convictions before the Court of Appeal. Findings of fact The panel found the following particulars of the allegations against you proved, for these reasons: 8 You have been convicted of the following relevant offences, in that: 1. On 23 November 2021 you were convicted of causing/inciting sexual activity with a female 13-17 (offender over 18 or over abuse of position of trust) on 01/08/18 \u2013 01/4/19 contrary to Sexual Offences Act 2003 s.17 (1) (e) (i) 2. On 23 November 2021 you were convicted of 5 counts of sexual activity with a female 13- 17 offender does not believe victim is over 18 (abuse of position of trust) on 01/08/18- 01/04/19 contrary to Sexual Offences Act 2003. S.16 (1) (e) (i) The panel had regard to the certificates of conviction dated 9 April 2024, which confirmed that Mr Hanna was convicted as set out in the allegations. It also had regard to a transcript of Mr Hanna\u2019s sentencing hearing on 23 November 2021, and the Court of Appeal\u2019s judgment on his appeal against sentence dated 9 November 2022. From these, it was satisfied that Mr Hanna had been convicted as set out in allegations 1 and 2, and it therefore found these allegations proven. Findings as to conviction of a relevant offence Having found the allegations proved, the panel went on to consider whether the facts of those proven allegations amounted to convictions for a relevant offence. In doing so, the panel had regard to the document Teacher Misconduct: The Prohibition of Teachers, which is referred to as \u201cthe Advice\u201d. The panel was satisfied that the conduct of Mr Hanna, in relation to the facts it found proved, involved breaches of the Teachers\u2019 Standards. The panel considered that by reference to Part 2, Mr Hanna was in breach of the following standards: \u2022 Teachers uphold public trust in the profession and maintain high standards of ethics and behaviour, within and outside school, by o treating pupils with dignity, building relationships rooted in mutual respect, and at all times observing proper boundaries appropriate to a teacher\u2019s professional position o having regard for the need to safeguard pupils\u2019 well-being, in accordance with statutory provisions o showing tolerance of and respect for the rights of others Teachers must have an understanding of, and always act within, the statutory frameworks which set out their professional duties and responsibilities. 9 The panel noted that Mr Hanna\u2019s actions were relevant to teaching, working with children and/or working in an education setting. Pupil was a pupil at the School where he taught, and for at least part of the time covered by his offences, he was [REDACTED]. The panel noted that the behaviour involved in committing the offences had an impact on the safety and/or security of pupils. The panel noted that in their victim impact statement to the criminal proceedings, Pupil said the events had a hugely negative effect on [REDACTED]. As a result of what happened, Pupil A\u2019s attendance at [REDACTED] and this had an adverse impact on [REDACTED]. [REDACTED] in an attempt to deal with the [REDACTED] and was referred to [REDACTED]. In 2021, Pupil reported that they remained affected, struggling [REDACTED] and [REDACTED] around male authority figures. The panel also took account of the way the teaching profession is viewed by others. The panel considered that Mr Hanna\u2019s behaviour in committing the offences could affect public confidence in the teaching profession, given the influence that teachers may have on pupils, parents and others in the community. The panel noted that Mr Hanna\u2019s behaviour ultimately led to a sentence of imprisonment, which was indicative of the seriousness of the offences committed. This was a case concerning offences involving sexual activity, which the Advice states are likely to be considered relevant offences. The panel concluded that the seriousness of the offending behaviour that led to the convictions was relevant to Mr Hanna\u2019s ongoing suitability to teach. The panel considered that a finding that these convictions were for relevant offences was necessary to reaffirm clear standards of conduct so as to maintain public confidence in the teaching profession. Panel\u2019s recommendation to the Secretary of State Given the panel\u2019s findings in respect of convictions of relevant offences, it was necessary for the panel to go on to consider whether it would be appropriate to recommend the imposition of a prohibition order by the Secretary of State. In considering whether to recommend to the Secretary of State that a prohibition order should be made, the panel had to consider whether it would be an appropriate and proportionate measure, and whether it would be in the public interest to do so. Prohibition orders should not be given in order to be punitive, or to show that blame has been apportioned, although they are likely to have a punitive effect. The panel had regard to the particular public interest considerations set out in the Advice and, having done so, found a number of them to be relevant in this case, namely, the 10 protection of pupils, the maintenance of public confidence in the profession, and declaring and upholding proper standards of conduct. There was a strong public interest consideration in respect of the protection of pupils, given the serious findings of convictions for sexual offences involving a vulnerable pupil. Similarly, the panel considered that public confidence in the profession would be seriously weakened if conduct such as that found against Mr Hanna were not treated with the utmost seriousness when regulating the conduct of the profession. The panel was of the view that a strong public interest consideration in declaring proper standards of conduct in the profession was also present as the conduct found against Mr Hanna was far outside that which could reasonably be tolerated. In view of the clear public interest considerations that were present, the panel considered carefully whether or not it would be proportionate to impose a prohibition order, taking into account the effect that this would have on Mr Hanna. When considering the seriousness of the convictions, the panel had regard to the following factors identified by the judge at Mr Hanna\u2019s criminal trial, who described Mr Hanna\u2019s offending as \u201c\u2026as gross a breach of trust between a schoolteacher and pupil as there could be.\u201d He identified the following aggravating factors: \u2022 Pupil A\u2019s vulnerability \u2022 The harm caused to Pupil \u2022 Grooming \u2022 Significant planning \u2022 Sexual activity involving penetration and ejaculation \u2022 Besmirching Pupil and the School in an attempt to avoid responsibility \u2022 Absence of remorse or understanding of the impact on Pupil The panel also noted the mitigating factor identified by the criminal trial judge, namely Mr Hanna\u2019s previous good character. In carrying out the balancing exercise, the panel had regard to the public interest considerations both in favour of, and against, prohibition as well as the interests of Mr Hanna. The panel took further account of the Advice, which suggests that a prohibition order may be appropriate if certain behaviours of a teacher have been proved. In the list of such behaviours, those that were relevant in this case were: \u2022 serious departure from the personal and professional conduct elements of the Teachers\u2019 Standards; 11 \u2022 the commission of a serious criminal offence, including those that resulted in a conviction or caution, paying particular attention to offences that are \u2018relevant matters\u2019 for the purposes of the Police Act 1997 and criminal record disclosures; \u2022 misconduct seriously affecting the education and/or safeguarding and well-being of pupils, and particularly where there is a continuing risk; \u2022 abuse of position or trust (particularly involving pupils); \u2022 an abuse of any trust, knowledge, or influence gained through their professional position in order to advance a romantic or sexual relationship with a pupil or former pupil; \u2022 sexual misconduct, e.g. involving actions that were sexually motivated or of a sexual nature and/or that use or exploit the trust, knowledge or influence derived from the individual\u2019s professional position; Even though some of the behaviour found proved in this case indicated that a prohibition order would be appropriate, the panel went on to consider the mitigating factors. Mitigating factors may indicate that a prohibition order would not be appropriate or proportionate. There was no evidence to suggest that Mr Hanna\u2019s actions were not deliberate, or that he was acting under duress. The panel accepted the criminal trial judge\u2019s conclusion that his actions were calculated and motivated. The panel accepted that he had a previous good history. The panel first considered whether it would be proportionate to conclude this case with no recommendation of prohibition, considering whether the publication of the findings made by the panel would be sufficient. The panel was of the view that, applying the standard of the ordinary intelligent citizen, it would not be a proportionate and appropriate response to recommend no prohibition order. Recommending that the publication of adverse findings would be sufficient would unacceptably compromise the public interest considerations present in this case, despite the consequences for Mr Hanna of prohibition. Accordingly, the panel made a recommendation to the Secretary of State that a prohibition order should be imposed with immediate effect. The panel went on to consider whether or not it would be appropriate for it to decide to recommend a review period of the order. The panel was mindful that the Advice states that a prohibition order applies for life, but there may be circumstances, in any given case, that may make it appropriate to allow a teacher to apply to have the prohibition order reviewed after a specified period of time that may not be less than 2 years. 12 The Advice indicates that there are behaviours that, if proved, would militate against the recommendation of a review period. These behaviours include: \u2022 serious sexual misconduct e.g. where the act was sexually motivated and resulted in, or had the potential to result in, harm to a person or persons, particularly where the individual has used their professional position to influence or exploit a person or persons; \u2022 any sexual misconduct involving a child. The panel found that Mr Hanna had committed extremely serious sexual offences against a vulnerable pupil and had shown no remorse or insight into his conduct. The panel decided that the findings indicated a situation in which a review period would not be appropriate and, as such, decided that it would be proportionate, in all the circumstances, for the prohibition order to be recommended without provisions for a review period. Decision and reasons on behalf of the Secretary of State have given very careful consideration to this case and to the recommendation of the panel in respect of both sanction and review period. In considering this case have also given very careful attention to the Advice that the Secretary of State has published concerning the prohibition of teachers. In this case, the panel has found all of the allegations proven and found that those proven facts amount to a relevant conviction. The panel has made a recommendation to the Secretary of State that Mr Robert Hanna should be the subject of a prohibition order, with no provision for a review period. In particular, the panel has found that Mr Hanna is in breach of the following standards: \u2022 Teachers uphold public trust in the profession and maintain high standards of ethics and behaviour, within and outside school, by o treating pupils with dignity, building relationships rooted in mutual respect, and at all times observing proper boundaries appropriate to a teacher\u2019s professional position o having regard for the need to safeguard pupils\u2019 well-being, in accordance with statutory provisions 13 o showing tolerance of and respect for the rights of others \u2022 Teachers must have an understanding of, and always act within, the statutory frameworks which set out their professional duties and responsibilities. The panel finds that the conduct of Mr Hanna fell significantly short of the standards expected of the profession. The findings of misconduct are particularly serious as they include a finding of a conviction for the relevant offence of sexual activity with a female aged 13-17 have to determine whether the imposition of a prohibition order is proportionate and in the public interest. In considering that for this case have considered the overall aim of a prohibition order which is to protect pupils and to maintain public confidence in the profession have considered the extent to which a prohibition order in this case would achieve that aim taking into account the impact that it will have on the individual teacher have also asked myself whether a less intrusive measure, such as the published finding of a relevant conviction, would itself be sufficient to achieve the overall aim have to consider whether the consequences of such a publication are themselves sufficient have considered therefore whether or not prohibiting Mr Hanna, and the impact that will have on the teacher, is proportionate and in the public interest. In this case have considered the extent to which a prohibition order would protect children and safeguard pupils. The panel has observed, \u201cThere was a strong public interest consideration in respect of the protection of pupils, given the serious findings of convictions for sexual offences involving a vulnerable pupil prohibition order would therefore prevent such a risk from being present in the future have also taken into account the panel\u2019s comments that Mr Hanna had shown no insight and remorse into his conduct. The panel has noted that the judge at Mr Hanna\u2019s criminal trial identified as an aggravating factor the \u201cAbsence of remorse or understanding of the impact on Pupil A\u201d. In my judgement, the lack of insight and remorse means that there is some risk of the repetition of this behaviour, and this puts at risk the future wellbeing of pupils have therefore given this element considerable weight in reaching my decision have gone on to consider the extent to which a prohibition order would maintain public confidence in the profession. The panel has observed that \u201cpublic confidence in the profession would be seriously weakened if conduct such as that found against Mr Hanna were not treated with the utmost seriousness when regulating the conduct of the profession am particularly mindful of the finding of serious sexual offences against a vulnerable pupil in this case and the impact that such a finding has on the reputation of the profession have had to consider that the public has a high expectation of professional standards of all teachers and that the public might regard a failure to impose a prohibition order as a 14 failure to uphold those high standards. In weighing these considerations have had to consider the matter from the point of view of an \u201cordinary intelligent and well-informed citizen have considered whether the publication of a finding of a relevant conviction, in the absence of a prohibition order, can itself be regarded by such a person as being a proportionate response to the misconduct that has been found proven in this case have also considered the impact of a prohibition order on Mr Hanna himself. The panel has noted that Mr Hanna had a previous good history but did not comment further on his abilities as a teacher prohibition order would prevent Mr Hanna from teaching prohibition order would also clearly deprive the public of his contribution to the profession for the period that it is in force. In this case have placed considerable weight on the panel\u2019s comments concerning the seriousness of the sexual offences committed by Mr Hanna against a vulnerable pupil and his lack of insight or remorse have given less weight in my consideration of sanction therefore to the contribution that Mr Hanna has made to the profession. In my view, it is necessary to impose a prohibition order in order to maintain public confidence in the profession published decision, in light of the circumstances in this case, that is not backed up by insight and remorse, does not in my view satisfy the public interest requirement concerning public confidence in the profession. For these reasons have concluded that a prohibition order is proportionate and in the public interest in order to achieve the intended aims of a prohibition order have gone on to consider the matter of a review period. In this case, the panel has recommended that no provision should be made for a review period. The panel has noted that the Advice indicates that serious sexual misconduct or any sexual misconduct involving a child would militate against the recommendation of a review period. The panel has commented that \u201cMr Hanna had committed extremely serious sexual offences against a vulnerable pupil and had shown no remorse or insight into his conduct have considered whether not allowing a review period reflects the seriousness of the findings and is a proportionate period to achieve the aim of maintaining public confidence in the profession. In this case, factors mean that allowing a review period is not sufficient to achieve the aim of maintaining public confidence in the profession. These elements are the serious nature of the offences of which Mr Hanna was convicted, the lack of insight and remorse, and the risk of repetition. 15 consider therefore that allowing for no review period is necessary to maintain public confidence and is proportionate and in the public interest. This means that Mr Robert Hanna is prohibited from teaching indefinitely and cannot teach in any school, sixth form college, relevant youth accommodation or children\u2019s home in England. Furthermore, in view of the seriousness of the allegations found proved against him have decided that Mr Hanna shall not be entitled to apply for restoration of his eligibility to teach. This order takes effect from the date on which it is served on the teacher. Mr Hanna has a right of appeal to the King\u2019s Bench Division of the High Court within 28 days from the date he is given notice of this order. Decision maker: David Oatley Date: 29 November 2024 This decision is taken by the decision maker named above on behalf of the Secretary of State."}
7,366	Charles H. Hennekens	Harvard University	[ "7366_101.pdf", "7366_102.pdf", "7366_103.pdf", "7366_101.pdf", "7366_102.pdf", "7366_103.pdf" ]	{"7366_101.pdf": "The Crimson is a student-run nonprofit. Please support us by disabling AdBlock for our site. Employees Say Hennekens Harassed Them Staff members say their careers suffered By Jenny E. Heller and Rachel P. Kovner WRITERSs May 10, 1999 Nearly 200 Harvard Affiliates Rally on Widener Steps To Protest Arrest of Columbia Student Will Increase Staffing At Receiving Kennedy-Longfello Students The Harvard Medical School (HMS) professor who discovered that aspirin may help prevent heart attacks faces allegations that he sexually harassed more than a dozen women who worked under him, according to an article in the Boston Globe yesterday. Charles H. Hennekens resigned from his posts at and Brigham and Women's Hospital, where he was the chief of the Division of Preventive Medicine, effective on March 31. Both organizations confirmed Hennekens' resignation but said in a joint statement that \"due to issues of employee confidentiality, no further information is available at this time.\" Hennekens lawyer, Joel A. Kozol, told reporters that Hennekens had left the posts to be near his ill mother in Florida, according to the Globe. Sections But his departure also came six weeks after employees in his division told lawyers for Harvard and the hospital that Hennekens had harassed several female members of the department, the Globe said. According to the Globe, lawyers from Harvard and the hospital investigated the complaints against Hennekens and confronted him with the allegations. Hennekens issued a statement through his lawyer to the Globe denying the accusations. \"In today's world, allegations of sexual harassment are easily made and difficult to disprove. When they are made by people who are unwilling to be identified, they are not worthy of response, much less publication,\" read the statement which was printed in the Globe have never in my life sexually harassed anyone in the division or anywhere else. Those who know me know this to be true,\" the statement continued. The women said Hennekens made unwanted sexual advances, and some claimed that their careers suffered after they rejected his propositions, according to the Globe. Others said that while sexual advances were made, their professional careers were not threatened when they rejected them. The Globe's sources for the story--three people who worked under Hennekens' supervision--spoke to the newspaper about the allegations on condition of anonymity. \"He would make a sexual advance to someone or in some cases, like in my situation it was an explicit sexual proposition in which the sexual nature of his request was completely clear\" one of the sources told the Globe was extremely fearful of the consequences of rejecting his. From that point forward my work suffered. He blocked whatever tried to do.\" During his career Hennekens has co-authorized more that 500 publications and three textbooks. As the principal investigator in the physician's Health Study, he also made discoveries that were widely noted in the media, including the aspirin study. Sections Want to keep up with breaking news? Subscribe to our email newsletter He also served as founding editor-in-chief of the Annals of Epidemiology and the editor-in-chief of the American Journal of Preventive Medicine. Hennekens earned his M.D. from Cornell University and a masters of public health from Harvard. He was Brawnwald professor of medicine and ambulatory care and prevention at and a professor in the department of epidemiology at the Harvard School of Public Health, a post which he has also resigned from. Neither Hennekens nor his lawyer could be reached for comment yesterday 1. Harvard Launches New Intro Math Course to Address Pandemic Learning Loss 2. Harvard Faces Calls To Disband for Violating New Antisemitism Policies 3. First They Came for Columbia 4. 12 Men Accused of Buying Sex in Cambridge Brothel Ring Named, Charged in Hearing 5. 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Sections The Harvard Crimson The University Daily, Est. 1873 Build Community at Harvard: Summer 2025 Proctor Opportunities Serve as a proctor for Harvard Summer School (HSS) students, either in the Secondary School Program (SSP), General Program (GP), or Pre-College Program Successful Law School Essays \| 2024 With an increasingly competitive Law School admissions process, it's important to understand what makes an applicant stand out Huckberry Holiday Guide Welcome to your one-stop gifting destination for men and women\u2014it's like your neighborhood holiday shop, but way cooler Siddharth's Essay Admit Expert is a premium admissions consulting company, helping candidates secure admission to top B-schools across the globe with significant scholarships. Sections News Opinion Arts Blog Magazine Videos Sports General Diversity & Inclusion Privacy Policy Rights & Permissions Sitemap Advertising Newsletters Journalism Programs Corrections Copyright \u00a9 2025 The Harvard Crimson, Inc. Sections", "7366_102.pdf": "Doctor quit amid claims of sexual harassment The Associated Press Published 12:00 a.m May 10, 1999 Updated 10:30 a.m Jan. 11, 2011 noted epidemiologist who resigned from his posts at Harvard Medical School and Brigham and Women's Hospital in March did so amid allegations of sexual harassment, according to a published report. The Boston Globe, relying on three unnamed sources who worked with Hennekens at the hospital's Division of Preventive Medicine, reported that Dr. Charles H. Hennekens allegedly harassed more than a dozen women over several years. Hennekens, 56, denied the claims and blasted the Globe for relying on anonymous sources. \"In today's world, allegations of sexual harassment are easily made and difficult to disprove. When they are made by people who are unwilling to be identified, they are not worthy of response, much less publication,\" Hennekens said in a written statement released by his lawyer. \"Since the Globe has chosen to publish anonymous allegations will state only that have never in my life sexually harassed anyone in the Division or anywhere else. Those who know me know this to be true.\" Hennekens led the landmark study that found taking an aspirin a day cuts the risk of some kinds of heart attacks. When he resigned, he cited \"personal and family illness\" and his lawyer, Joel Kozol, said Hennekens wanted to move to Florida to be with his ailing mother. Sources told the Globe, however, that Hennekens stepped down after lawyers from Brigham and Women's and Harvard began investigating the harassment claims. The sources, who asked for anonymity out of fear of retaliation -- even though Hennekens no longer works at Harvard or the hospital -- said women who worked with Hennekens often were subjected to inappropriate behavior, including sexual advances and questions about their personal lives was terrified of Charlie,\" said a researcher who claims her career was harmed after she spurned Hennekens' advances. She was the only one of the Globe's sources who said she was victimized by the doctor. Another allegation was that Hennekens once asked his secretary to order him specialized slimming underwear. The secretary, Wren M. Fournier, obtained a temporary restraining order against Hennekens and last year filed a lawsuit in Suffolk Superior Court accusing him of engaging in inappropriate behavior. Fournier said Hennekens harassed her, drove by her home after work and \"leered\" at other female staff members, according to court papers. Hennekens denied all the charges, and the suit was dismissed. According to Hennekens' lawyer, no permanent restraining order was issued. Hennekens, also noted for leading studies that found birth control pills don't raise the risk of heart attacks and low-fat diets don't prevent breast cancer, has been pursuing new jobs at medical schools. Officials at the University of Miami and Oxford University's medical school in England told the Globe they are engaged in preliminary discussions with Hennekens. Yesterday a spokesman for Brigham and Women's declined to comment on the reason for Hennekens' departure, citing \"issues of employee confidentiality.\" Neither Hennekens' lawyer nor a Harvard representative could immediately be reached by phone.", "7366_103.pdf": "By By UPDATED: UPDATED: August 11, 2021 at 1:59 August 11, 2021 at 1:59 Originally Published: Originally Published: May 10, 1999 at 1:00 May 10, 1999 at 1:00 noted epidemiologist who left his posts at Harvard Medical School and noted epidemiologist who left his posts at Harvard Medical School and Brigham and Women\u2019s Hospital in March resigned amid allegations of sexual Brigham and Women\u2019s Hospital in March resigned amid allegations of sexual harassment, according to a published report. harassment, according to a published report. The physician denied the claims. The physician denied the claims. The Boston Globe on Sunday reported allegations that Dr. Charles H. The Boston Globe on Sunday reported allegations that Dr. Charles H. Hennekens harassed more than a dozen women over several years, basing its Hennekens harassed more than a dozen women over several years, basing its report on three unidentified sources who worked with Hennekens. report on three unidentified sources who worked with Hennekens. Hennekens, 56, criticized the Globe for relying on anonymous sources. Hennekens, 56, criticized the Globe for relying on anonymous sources. \u201cSince the Globe has chosen to publish anonymous allegations will state \u201cSince the Globe has chosen to publish anonymous allegations will state only that have never in my life sexually harassed anyone in the division or only that have never in my life sexually harassed anyone in the division or anywhere else,\u201d Hennekens said. anywhere else,\u201d Hennekens said. Hennekens led the landmark study that found taking an aspirin a day cuts the Hennekens led the landmark study that found taking an aspirin a day cuts the risk of some kinds of heart attacks. He also is noted for leading studies that risk of some kinds of heart attacks. He also is noted for leading studies that found birth control pills don\u2019t raise the risk of heart attacks and that low-fat found birth control pills don\u2019t raise the risk of heart attacks and that low-fat diets don\u2019t prevent breast cancer. diets don\u2019t prevent breast cancer We'd like to send you some notifications We'd like to send you some notifications Notifications can be turned off anytime from browser Notifications can be turned off anytime from browser settings settings Allow Dismiss 1999 1999 \ue907 \ue907May May \ue907 \ue90710 10 We'd like to send you some notifications We'd like to send you some notifications Notifications can be turned off anytime from browser Notifications can be turned off anytime from browser settings settings"}
8,797	Antonio Lasaga	Yale University	[ "8797_101.pdf", "8797_102.pdf", "8797_103.pdf", "8797_104.pdf", "8797_105.pdf", "8797_101.pdf", "8797_102.pdf", "8797_103.pdf", "8797_104.pdf", "8797_105.pdf" ]	{"8797_101.pdf": "Donate \| Read the Print Edition Subscribe \| Join the 22, 2025 In twist to decade-old scandal, Lasaga\u2019s victim sues Yale \| 12:00 15, 2008 victim of a former Saybrook College master convicted of child molestation has filed a civil suit against the University, charging that a professor witnessed an instance of abuse and failed to report it to the authorities. The master, former Yale geology professor Antonio Lasaga, is serving a 20-year prison sentence stemming from his 1998 arrest on charges of sexual assault and possession of child pornography. For more than five years prior to his arrest, he was said to have abused a New Haven boy he mentored in a public-school program. [ydn-legacy-photo-inline id=\u201d12181\u2033 ] The boy, who is now in his 20s and is identified in court papers only as Joseph Doe, now claims that another geology professor saw Lasaga standing over him in a Yale classroom in the 1990s and did not alert law enforcement to the incident. The lawsuit asserts that the University is liable for negligence as a result \uf002 The suit \u2014 which seeks unspecified monetary damages \u2014 reopens among the most sordid scandals in the University\u2019s history, although one that has been out of the headlines for several years and is probably unknown to many Elis today. It all began Nov. 6, 1998, when the raided the Saybrook Master\u2019s House after two graduate students stumbled upon suspicious images on Lasaga\u2019s Geology Department computer and passed along their findings to the authorities. Lasaga resigned that day for what then- Yale College Dean Richard Brodhead described as \u201cpersonal reasons.\u201d The perverse details of Lasaga\u2019s wrongdoing would emerge over the following months. On Lasaga\u2019s computer, investigators found explicit videos the professor had shot of the boy, who was 13 at the time, in the Kline Geology Laboratory and even the Saybrook Master\u2019s House. They also revealed that Lasaga was found to have built a digital collection of some 150,000 pornographic images. Yet several of Lasaga\u2019s colleagues pleaded in court for leniency in the professor\u2019s case, with one professor from another university asserting that Lasaga was such an eminent scholar with so many research interests that he never could have had enough time to look at so much pornography. Lasaga, meanwhile, pleaded guilty to both federal and state charges and has been incarcerated since being sentenced in 2002 to 20 years for the sexual-assault charges and a concurrent 15 years for federal pornography charges. The year before, Lasaga was fired by University President Richard Levin, who acted on the recommendation of the University Tribunal, Yale\u2019s highest disciplinary body. To make matters worse for the former master, a jury ruled in 2004 that Lasaga is liable for $16.5 million in damages to the boy he molested. The University was at first a co-defendant in that suit, but attorneys for the boy withdrew their claim against Yale and said they planned to sue the University separately in the future. The suit claims that at an unspecified time between 1996 and 1998, an assistant professor in Yale\u2019s Geology department entered a locked classroom only to find the boy sitting on a desk, with Lasaga standing in front of him, facing him. By law, the professor was required to report the incident to police and the Connecticut Department of Children and Families, according to the victim\u2019s lawyer, Thomas McNamara. Because the professor did not speak up, Lasaga continued to molest the boy until his arrest in 1998, McNamara said. The victim claims to have suffered \u201csevere trauma and psychological injuries, some of which may be permanent\u201d as a result of the abuse, which began when he was only seven years old. He also underwent what the suit described as \u201cextensive therapy\u201d and could still be forced to spend more money on counseling and medication. In a written statement Friday, the University rejected the lawsuit\u2019s premise, arguing that the victim is \u201cseeking to revive a claim\u201d he chose not to pursue back when the original civil suit was filed. \u201cYale believes that this lawsuit is without a legal basis,\u201d the statement read. \u201cIn taking this position, Yale does not seek to minimize the plaintiff\u2019s suffering, but the responsible party is Antonio Lasaga, not Yale University.\u201d The lawsuit, filed last month in New Haven Superior Court, was first reported Friday by The New Haven Register. The professor in question now teaches at another university, McNamara told the Register. \u2014The Associated Press contributed reporting. Selected past News coverage of the Lasaga scandal: No end in sight for Lasaga case (2.27.01) Levin fires Lasaga; prof appeals ruling (3.20.01) Lasaga submits \u2018no contest plea\u2019 (1.14.02) Called a flight risk, Lasaga taken into custody by feds (1.18.02) Lasaga gets 15 years in federal prison (2.18.02) Coming to terms with Lasaga\u2019s legacy Lasaga may pay victims millions (3.22.04) Lasaga prison sentence faces new scrutiny (4.4.05 CO., INC. 202 York Street, New Haven 06511 \| (203) 432-2400 Editorial: (203) 432-2418 \| [email protected] Business: (203) 432-2424 \| [email protected] 2025", "8797_102.pdf": "The Crimson is a student-run nonprofit. Please support us by disabling AdBlock for our site. Yale Prof. Charged With Sex. Assault By Katrina Garcia January 6, 1999 Nearly 200 Harvard Affiliates Rally on Widener Steps To Protest Arrest of Columbia Student Will Increase Staffing At Receiving Kennedy-Longfello Students Yale University Professor and former master of Saybrook College Antonio C. Lasaga was arraigned yesterday on two charges of first-degree sexual assault on a minor, following his arrest Dec. 22. Lasaga pled not guilty. Lasaga was arrested in his Connecticut home and charged with one count of risk of injury to a minor and one count of \"promoting a minor in an obscene performance.\" This was Lasaga's second arrest in the past two months. At the time of his most recent arrest, he was under house arrest for an upcoming federal trial stemming from charges of possessing child pornography. As a condition of his release on $50,000 bond, Lasaga was to have no contact with children. However, federal prosecutors claim Lasaga was repeatedly seen near the home and bus stop of a 13-year-old boy. Lasaga's personal attorney, Jeremiah F. Donovan, told the Yale Daily News that the recent sexual assault case involved the same boy whom Lasaga was allegedly Sections trying to contact, leading to his placement under house arrest in early December. WTNH-TV, citing unidentified police sources, said Lasaga met the boy through School Volunteers for New Haven, Inc., a tutoring program for inner city schoolchildren. Lasaga has volunteered at the program since 1992. The station also reported that the boy appears in an obscene videotape that the seized in a raid. Legally, the two cases are completely separate, as the child pornography charge is a federal case and the sexual assault charge is a state case. Donovan is currently representing Lasaga in both cases. Lasaga is now out on $250,000 bail after this most recent arrest. In late November, Lasaga was arrested by the U.S. Attorney's Office, following an raid of his Saybrook rooms on Nov. 6, where they took computers, print- outs, and zip drives. The raid was the result of a months-long investigation after a graduatestudent at the Yale Geology lab noticed thatLasaga's computer password had been used todownload child pornography from the Internet lastsummer. Someone else saw him transfer pictures ofnude boys and boys having sex with men onto hisSaybrook computer. According to court documents, Lasaga told FBIagents he downloaded child pornography for twoyears. Lasaga resigned as master of Saybrook on theday of the raid. He was put on indefinite paid leave. Lasaga hasbeen part of the Yale faculty for 14 years as aprofessor of geology and geophysics. Thomas P. Conroy, Yale's acting director ofpublic affairs, said Lasaga is still on paid leavefrom the University and \"when and if that statuschanges, we will make that known.\" Since the time of the arrest, the officialposition of Yale has remained unchanged Conroysaid. \"We said we would make an assessment of thesituation in the New Year, when more informationbecomes available, and that is still the case,\" hesaid. Sections Want to keep up with breaking news? Subscribe to our email newsletter Donovan told reporters the day of his arrest onsexual assault charges month ago he wasleading what most of us would view as a rich, fulland successful life as one of the world's leadinggeochemists. He woke up the next morning and hadit all come crashing down.\" Lasaga is married with two grown sons. Asprofessor of geology and geophysics at Yale,Lasaga taught three classes, was involved inresearch and served as the director of graduatestudies for his department. Outside of the university, he is an associateeditor of the American Journal of Science, editorof Chemical Geology, a councillor of theGeochemical and is a life fellow of theMineralogical Society of America. Lasaga also taught chemistry at Harvard in the1970s, and became a lecturer in 1976. He thentaught at Penn State before coming to Yale in1984. Lasaga's first hearing for the childpornography case is scheduled for Feb. 9. --Associated Press reports were used in thereporting of his story 1. Cambridge City Councilor Paul Toner Charged With Buying Sex Through Brothel Ring 2. Harvard Faces Calls To Disband for Violating New Antisemitism Policies 3. Harvard Launches New Intro Math Course to Address Pandemic Learning Loss 4. 2 Months After Settlement, Kestenbaum Seeks To File Amended Antisemitism Complaint Against Harvard 5. 12 Men Accused of Buying Sex in Cambridge Brothel Ring Named, Charged in Hearing Sections The Harvard Crimson The Harvard Crimson's Guide To Your Summer Opportunities \| 2025 Over 300+ courses at prestigious colleges and universities in the and are at your disposal Three Ways Collegiate Can Reduce Your Financial Stress With innovative financial tools combined with financial education, Collegiate empowers students to take control of their finances and build confidence in their money management skills Build Community at Harvard: Summer 2025 Proctor Opportunities Serve as a proctor for Harvard Summer School (HSS) students, either in the Secondary School Program (SSP), General Program (GP), or Pre-College Program Successful Law School Essays \| 2024 With an increasingly competitive Law School admissions process, it's important to understand what makes an applicant stand out Huckberry Holiday Guide Welcome to your one-stop gifting destination for men and women\u2014it's like your neighborhood holiday shop, but way cooler 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 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. Sections", "8797_103.pdf": "From Casetext: Smarter Legal Research Doe v. Lasaga Connecticut Superior Court, Judicial District of New Haven at New Haven Mar 10, 2004 2004 Ct. Sup. 4055 (Conn. Super. Ct. 2004) Copy Citation Download Check Treatment Delegate legal research to CoCounsel, your new legal assistant. Try CoCounsel free No 99-0430858 March 10, 2004 The defendant City of New Haven Board of Education has filed a motion for a directed verdict pursuant to Practice Book \u00a7 16-37 et seq. requesting that the court direct a verdict in its favor on the Third Count of the plaintiff's 1 Sign In Search all cases and statutes... Opinion Case details amended complaint dated May 1, 2001. The substance of the Third Count are allegations that the defendant Board of Education was negligent in that it failed to supervise and oversee the mentor program; failed to heed the concerns of Jane Doe regarding the relationship between defendant Antonio Lasaga and her minor son John Doe; and failed to adequately check the background of Lasaga before admitting him into the volunteer mentoring program. The plaintiff's complaint is grounded in allegations of common- law negligence. 1 Sec. 16-37. Reservation of Decision on Motion for Directed Verdict Page 4069 Whenever a motion for a directed verdict made at any time after the close of the plaintiff's case in chief is denied or for any reason is not granted, the judicial authority is deemed to have submitted the action to the jury subject to a later determination of the legal questions raised by the motion. The defendant may offer evidence in the event the motion is not granted, without having reserved the right to do so and to the same extent as if the motion had not been made. After the acceptance of a verdict and within the time stated in Section 16- 35 for filing a motion to set a verdict aside, a party who has moved for a directed verdict may move to have the verdict and any judgment rendered thereon set aside and have judgment rendered in accordance with his or her motion for a directed verdict; or if a verdict was not returned such party may move for judgment in accordance with his or her motion for a directed verdict within the aforesaid time after the jury have been discharged from consideration of the case. If a verdict was returned the judicial authority may allow the judgment to stand or may set the verdict aside and either order a new trial or direct the entry of judgment as if the requested verdict had been directed. If no verdict was returned the judicial authority may direct the entry of judgment as if the requested verdict had been directed or may order a new trial. The defendant Board of Education in filing its motion sets forth several grounds. First, it argues that the plaintiff has not specifically alleged any statutory authority to eliminate governmental immunity. Second, the defendant argues that the Board of Education owed no duty to the plaintiff. Third, it argues that the plaintiff has not presented any evidence of causation. Fourth and lastly, the defendant Board of Education argues that it is entitled to immunity pursuant to General Statutes \u00a7 52-557n(a)(2)(b) for negligent acts or omissions which require the exercise of judgment or discretion, and that none of the three recognized exceptions to immunity apply to the present case summary of the evidence presented by the plaintiff reveals that this is a lawsuit involving allegations of sexual abuse of a minor by defendant Lasaga, a former professor at Yale University. Lasaga participated as a volunteer mentor in a program for students run by the School Volunteers of New Haven, Inc. a non-profit corporation. While the corporation is separate and 4056 distinct from the New Haven school system, the corporation maintains its offices at the New Haven Board of Education. The Board of Education has offered office space to the corporation as an in-kind donation, as well as several monetary grants of relatively small amounts. While the corporation is a separate entity from the Board of Education, the Board and the corporation work closely with each other to co-ordinate volunteer services to the school system. Volunteers are recruited by the corporation, and the volunteers are then made available to the Board of Education and the schools. The Board, based upon the needs of the individual schools and students therein, recommended placement of volunteers with certain skills at the various school facilities. School Volunteers of New Haven, Inc. then matched its pool of volunteers with the appropriate school and student based on the Board's requests. It was in this manner that the defendant Lasaga, who had volunteered for the mentoring program in 1992, was matched as a mentor for the plaintiff John Doe. 4056 The plaintiff presented evidence at trial that no background check or investigation was done on Lasaga by either the Board of Education or the School Volunteers of New Haven, Inc. prior to accepting him as a volunteer mentor and assigning him to John Doe. The Superintendent of the New Haven Schools, Dr. Mayo testified that background checks for school employees were not instituted until 1994-1995 when state law first required them. When that law became effective, it did not require background checks or investigations for volunteers such as Lasaga. Because of his position as a tenured professor at Yale, Lasaga was accepted as a mentor in 1992. The Executive Director of the School Volunteers of New Haven, Inc. from 1975 until recently, stated that a background check was not conducted on Lasaga because the corporation assumed Yale \"has taken care of this,\" and because Lasaga was held in high esteem in the academic world and the community. Yale professors, faculty and students were viewed as \"low risk\" volunteers by the School Volunteers, Inc. and the Board of Education. At the time the mentor relationship began in 1992, John Doe was a first grade student at the Vincent Mauro School in New Haven. The mentoring program was designed for children who had special needs, academic and otherwise. The goal of the program was to enhance the school experience and to assist in the educational process. Volunteers for the mentoring program were recruited from a variety of organizations, including local corporations, Yale 4057 University and local banking institutions. Separate volunteer programs in the New Haven school system also utilized volunteer mentors from the City's police and fire departments. There was no public advertising in mass media outlets to recruit volunteers, as none of these programs wished to run the risk of attracting \"undesirable persons.\" 4057 The mentoring program at issue in this matter was designed so that mentoring activities occurred only on school grounds during school hours. The program was aware that various contacts and activities between the mentors and their assigned student were occurring off school grounds and after school hours, but these activities were with the explicit permission of the students' parents or guardians. Such after-school activities required written permission of the parents. The School Volunteers of New Haven, Inc. employees were not employees of the Board of Education. The corporation did however co-ordinate its program with the Social Development Department of the Board of Education. The mentoring relationship between John Doe and the defendant Lasaga continued from 1992 through the 1996 school year without reported incidents or problems. In the course of the years between 1992 and 1996, Lasaga developed a close relationship with the family including Join Doe's mother, Jane Doe. John Doe's mother spoke predominantly Spanish and the defendant Lasaga was fluent in the Spanish language. Lasaga attended many school functions and was present at meetings with school personnel to assess John Doe's educational and emotional development. He was a frequent visitor to the school and assisted teachers and students in computer training and science fairs. He also had frequent out-of-school contact with John Doe and the Doe family. This was confirmed by the mother, Jane Doe as well as Lizette Flores-Gregory, a bilingual social worker from the Department of Children and Families and Maria Christina Noguera, a bilingual social worker for the New Haven Board of Education. Flores-Gregory confirmed that the had become involved with the Doe family in 1989 and had continual involvement with the family regarding matters unrelated to this case. Flores-Gregory herself began working with the Doe family in 1994. Flores-Gregory testified that she began to have \"bad feelings\" about John and Lasaga's relationship in 1996. She mentioned these feelings to her immediate supervisor at the DCF. However, no further steps were taken by her or the because there had been no complaints or evidence from anyone, John Doe included, regarding any sexual 4058 abuse or other misconduct by Lasaga. Flores-Gregory described her \"bad feelings\" about John Doe and Lasaga by stating that she was worried that Lasaga had become \"over-invested\" in John Doe. Flores-Gregory admitted that she did not share her suspicions with anyone other than her immediate supervisor and possibly the New Haven school social worker Christina Noguera. 4058 Noguera performed social work assessments and evaluations of John Doe in 1994 due to a referral to her regarding John Doe's academic and speech problems. She had many occasions to observe John Doe in the presence of Lasaga at the school facilities. She was aware of Lasaga's role as a mentor and tutor to John Doe. She was aware that John and Lasaga took field trips together during non-school hours with the mother's permission. While the mother Jane Doe, Flores-Gregory and Noguera were aware that Lasaga and John Doe spent significant time together, at no time were they aware of any complaint or any reasonable belief that sexual misconduct by Lasaga was occurring. During the 1996-1997 school year, John Doe and his family moved to Wallingford, and John Doe enrolled in the Wallingford public school system. At this time, any formal educational relationship between John Doe, the New Haven Board of Education, and the School Volunteers of New Haven, Inc. ended. Lasaga's formal role as a mentor ended, as well. However, the informal mentor relationship, as well as, the social relationship between Lasaga, John Doe and the Doe family continued. Ms. Noguera, the New Haven school social worker confirmed that although John Doe had left the New Haven school system, Lasaga continued to visit the Vincent Mauro School in New Haven to assist with the Science Fair. Noguera on one occasion had dinner with Lasaga and his wife and discussed the progress of the Doe family after the Doe family had left New Haven. On May 23, 1997, the mother, Jane Doe contacted Flores-Gregory of the and voiced concerns to Flores-Gregory regarding John Doe's relationship with Lasaga. She was upset that Lasaga was returning John Doe home late at night, and that Lasaga was picking John up without her consent. She requested that Flores-Gregory accompany her to John's school in Wallingford to inform school authorities that they were not to release John into Lasaga's custody and that John was not to see Lasaga at his school. Flores-Gregory and Jane Doe went to John's school on May 27, 1994, and school authorities in Wallingford agreed to co-operate with Jane Doe's wishes, despite their belief that 4059 Lasaga \"was good\" for John Doe. On a subsequent date, the principal at John Doe's Wallingford school directed Lasaga to leave the school building. 4059 Sandra Kiertz a special education teacher in John's Wallingford school testified that the Wallingford School system did not have a mentoring program. She knew that Lasaga had been John Doe's formal mentor while John was a New Haven student. However, she believed that Lasaga now had assumed a role as an informal \"generic\" mentor in John's life. In late May 1997, Lasaga contacted Noguera and voiced concerns to her regarding Jane Doe's returning home late in the evenings from church services. Lasaga felt that the children, John Doe included, were not getting to bed early enough to get sufficient sleep. He requested that Noguera speak to Jane Doe about this topic and he gave Noguera Jane Doe's address in Wallingford. Noguera claims she called Jane Doe and made an appointment to visit her on June 2, 1997. Jane Doe denies this and testified that without prior contact, Noguera arrived at Jane Doe's home uninvited. Nonetheless, both Jane Doe and Noguera confirm that they spoke about Lasaga's complaints regarding Jane Doe's late evening hours and Jane Doe's complaints that Lasaga was returning John Doe home too late after visits with Lasaga. Jane Doe testified that Noguera advocated for a resumption of the relationship between John Doe and Lasaga, while Noguera denies this. Noguera stated that she did not have knowledge at that time that Jane Doe had ended the relationship between John Doe and Lasaga. Both parties agree, however, that there was no conversation regarding any complaints of sexual abuse by Lasaga against John Doe. In fact Jane Doe testified that she had questioned John Doe as to whether Lasaga had ever inappropriately touched him and John Doe denied it. Following this meeting between Noguera and Jane Doe, the relationship between John Doe and Lasaga was allowed to resume by Jane Doe, after Lasaga apologized to Jane Doe regarding their disagreements. In late 1998, The Federal Bureau of Investigation received a complaint from the Yale University Police Department and the New Haven Police Department regarding the downloading of child pornography by the defendant Lasaga. Acting upon that complaint a search warrant of Lasaga's residence at Yale University was obtained. As a result of the ensuing execution of the search warrant and a search of the premises at Lasaga's residence, located at 90 High Street, New Haven, Connecticut, photographs, 4060 computer images and videotapes of John Doe and Lasaga engaged in sexual activity were seized, along with various computer equipment belonging to Lasaga. Special Agent Lisa Tutty of the F.B.I. testified that the computer images of child pornography seized from Lasaga, numbered between 250,000 to 400,000 images. Approximately 7 images were of John Doe. 40 statement from the defendant Lasaga was also obtained. In his statement Lasaga admitted that he had begun collecting child pornography in 1996. He stated that he had been introduced to John Doe through the school mentoring program in New Haven. Tutty testified that John Doe was interviewed by the New Haven Police Department on four occasions. Tutty was present at the third interview only, when John Doe first acknowledged the sexual abuse by Lasaga. Detective Kelly Shaffer of the New Haven Police Department was involved in the investigation of Lasaga. She interviewed John Doe on November 6, 1998 and November 7, 1998. On both occasions John Doe denied any sexual abuse by Lasaga. During a third interview with John Doe in the presence of Special Agent Tutty, John Doe finally admitted to being a victim of Lasaga's sexual assaults after being confronted with the videotape evidence report of this interview reveals that John Doe stated that the sexual assaults by Lasaga began when John Doe was 11 or 12 years old. In 1998, at this interview, John Doe was 13 years old. It was therefore estimated that the sexual assaults commenced in 1996 or 1997, after John Doe had left the New Haven school system and had entered the Wallingford school system. As a result of criminal investigations and arrests of Lasaga by both federal and State of Connecticut law enforcement authorities defendant Lasaga was convicted and sentenced to incarceration by federal and state courts and remains incarcerated at present on various criminal charges relating to possession of child pornography and for sexually assaulting John Doe. Lasaga has failed to file an appearance in the present matter and has been defaulted for said failure to appear. Additionally, Lasaga did not file any notice of his intent to defend or to contradict the allegations of the plaintiff at the hearing in damages to the jury pursuant to Practice Book \u00a7 17-34. Lasaga did not file any intent to offer evidence to reduce any damages claimed, pursuant to Practice Book \u00a7 17-40. Lastly, there have been no motions filed by Lasaga to open or set aside the default for failure to 4061 appear, which was previously entered by the court. 4061 The standards for considering a directed verdict are well known. Generally, litigants have a constitutional right to have factual issues resolved by the jury. Mather v. Griffin Hospital, 207 Conn. 125, 138, 540 A.2d 666 (1988). \"Directed verdicts [therefore] are historically not favored and can be upheld on appeal only when the jury could not have reasonably and legally reached any other conclusion.\" (Internal quotation marks omitted.) Domogala v. Molin, 57 Conn. App. 525, 527, 749 A.2d 676 (2000). The court must consider all of the evidence, including reasonable inferences, in the light most favorable to the plaintiff verdict may be directed where the decisive question is one of law or where the claim is that there is insufficient evidence to sustain a favorable verdict.\" (Internal quotation marks omitted.) Vona v. Lerner, 72 Conn. App. 179, 187, 804 A.2d 1018 (2002); Johnson v. North Branford, 64 Conn. App. 643, 645-46, 781 A.2d 346, cert. denied, 258 Conn. 926, 783 A.2d 1028 (2001). \"If the evidence in a case presents such a situation that the minds of fair and reasonable [jurors] could therefrom reach but one conclusion, there is no question for a jury. The case should be decided by the judge as essentially a question of law, and he may direct a verdict.\" Lombardi v. J.A. Bergen Dairy Farms, Inc., 153 Conn. 19, 23, 213 A.2d 449. Terminal Taxi Co. v. Flynn, 156 Conn. 313, 317, 240 A.2d 881 (1968). \"While it is jury's right to draw logical deductions and make reasonable inferences from the facts proven . . . it may not resort to mere conjecture and speculation . . . If the evidence would not reasonably support a finding of the particular issue, the trial court has a duty not to submit it to the jury.\" (Internal quotation marks omitted.) Vona v. Lerner, supra, 72 Conn. App. 187; Sheridan v. Desmond, 45 Conn. App. 686, 691, 697 A.2d 1162 (1997 directed verdict is justified if the evidence is so weak that it would be proper for the court to set aside a verdict rendered for the other party. Janusaukas v. Fichman, 264 Conn. 796, 804, 826 A.2d 1066 (2003). \"[D]rawing logical deductions and making reasonable inferences from facts in evidence, whether that evidence be oral or circumstantial, is a recognized and proper procedure in determining the rights and obligations of litigants, but to be logical and reasonable they must rest upon some basis of definite facts, and any conclusion reached without such evidential basis 4062 is a mere surmise or guess.\" (Emphasis added; internal quotation marks omitted.) Crone v. Connelly, 74 Conn. App. 788, 796, 813 A.2d 1084 (2003); Paige v. St. Andrew's Roman Catholic Church Corp., 250 Conn. 14, 34, 734 A.2d 85 (1999 directed verdict is appropriate when the jury could not reasonably and legally have reached any other conclusion finding of liability cannot be predicated on conjecture, surmise or guess . . . Mere possibilities or suppositions will not sustain a legitimate inference of a fact, nor can such an inference be drawn by conjecture only.\" (Citations omitted; internal quotation marks omitted.) Id. at 797; See also, Pagani v II, Ltd 4062 Partnership, 24 Conn. App. 739, 751, 592 A.2d 397, cert. dismissed, 220 Conn. 902, 593 A.2d 968 (1991 Mindful of the foregoing legal principles on which the plaintiff's claims rest, the court considers whether the defendant Board of Education owed a duty to the plaintiff. The essential elements of a cause of action for negligence are a duty; a breach of that duty; causation; and actual injury Constructors, Inc. v. Fusco Corp., 231 Conn. 381, 384, 650 A.2d 153 (1994). If a plaintiff cannot prove all of those elements, the cause of action fails. Santopietro v. New Haven, 239 Conn. 207, 225, 682 A.2d 106 (1996). \"The test of a legal duty is twofold. It entails (1) a determination of whether the ordinary person in the defendant's position, knowing what the defendant knew or should have known, would anticipate that harm of the general nature of that suffered was likely to result, and (2) a determination, on the basis of a public policy analysis, of whether the defendant's responsibility for its negligent conduct should extend to the particular consequences or particular plaintiff in the case . . . The first part of the test invokes the question of foreseeability and the second part invokes the question of policy.\" Gazo v. Stamford, 255 Conn. 245, 250, 765 A.2d 505 (2001). \"The existence of a duty is a question of law and only if such a duty is found to exist does the trier of fact then determine whether the defendant [breached] that duty in the particular situation at hand.\" Mendillo v. Board of Education, 246 Conn. 456, 483, 717 A.2d 1177 (1998). \"If a court determines, as a matter of law, that a defendant owes no duty to the plaintiff, 4063 the plaintiff cannot recover in negligence from the defendant Constructors, Inc. v. Fusco Corp., supra, 231 Conn. 384-85. 4063 The court agrees with the defendant Board of Education that there is no authority to state that the Board of Education had a duty to perform a background check on school volunteers or mentors in the year 1992. See Beach v. Jean, 46 Conn. Sup. 252, 263, 746 A.2d 228 (1999). The plaintiff has failed to produce any evidence that the defendant Board of Education had such a duty. See, Kuhn v. Youlten, 692 N.E.2d 226, 232 (Ohio App.Ct. 1997). There is also no authority to state that the duty to supervise students extends to students who are off of school grounds with a mentor or school volunteer presumably virtue of their parents' permission. There is no evidence that the New Haven Board of Education had any knowledge that Lasaga had a propensity and profile of a pedophile. Nor is there evidence that they could have done anything to become aware of that knowledge. There is no evidence that background checks, random interviews, or more frequent oversight of the mentoring program would have revealed that information. As to the plaintiff's claim that the Board of Education knew or should have known of Lasaga's perversions, there has been no such evidence presented by the plaintiff. Without such knowledge, the Board of Education could not have \"allowed\" Lasaga to do anything to \"cultivate\" such a perversion, as the plaintiff alleges. Also, there is no evidence that Lasaga's sexual assaults on John Doe were foreseeable to the Board of Education. The defendant Board of Education points the court to the decision in Koran v. Board of Education, 683 N.Y.S.2d 228 (1998). In Koran, the defendant was a volunteer art teacher who molested a student. The volunteer art teacher was never subjected to a background check prior to working in the schools. The volunteer, after gaining the mother's permission, brought the student to his home and molested him on several occasions. The Koran court held that the volunteer's tortious acts were outside the scope of his volunteer work at the school and all of the acts complained of took place outside the school and after school hours, just as in the present case. Koran v. Board of Education, supra, 683 N.Y.S.2d at 230. 4064 4064 Further, the Koran court found that the principal of the school had no duty to investigate further after interviewing the volunteer art teacher because there were no facts to lead a reasonably prudent person to suspect that the volunteer had dangerous propensities. Koran, supra 683 N.Y.S.2d at 230. These dangerous propensities were not reasonably foreseeable. The Koran court also noted that at the time the molestation occurred the art teacher's volunteer duties had ended. In the present case Lasaga's first sexual assaults on John Doe occurred after John Doe had left New Haven and enrolled in the Wallingford school system. Lasaga at that time was no longer assigned by the New Haven Board of Education to John Doe as his New Haven school mentor The court next considers the issue of causation and the evidence related to the issue of causation that the plaintiffs submitted to the court in support of their complaint. The plaintiff has not offered any evidence that the Board of Education's negligence caused the plaintiff John Doe's injuries. The defendant Board of Education has not been shown to know or that it should have known that the defendant Antonio Lasaga had a propensity for sexual acts against minors or that Lasaga would sexually assault John Doe by virtue of the evidence presented by the plaintiff. There has not been any evidence that any acts of negligence by the Board of Education proximately caused the plaintiff John Doe's injuries at the hands of Lasaga. \"The fundamental inquiry of proximate cause is whether the harm that occurred was within the scope of foreseeable risk created by the defendant's negligent conduct . . . In negligence cases such as the present one, in which a tortfeasor's conduct is not the direct cause of the harm, the question of legal causation is practically indistinguishable from an analysis of the extent of the tortfeasor's duty to the plaintiff.\" (Citations omitted.) First Federal Savings Loan Assn. of Rochester v. Charter Appraisal Co., 247 Conn. 597, 604, 724 A.2d 497 (1999). \"[T]he test of proximate cause is whether the defendant's conduct is a substantial factor in bringing about the plaintiff's injuries . . . Further, it is the plaintiff who bears the burden to prove an unbroken sequence of events that tied his injuries to the [defendant's conduct] . . . The existence of the proximate 4065 cause of an injury is determined by looking from the injury to the negligent act complained of for the necessary causal connection . . . This causal connection must be based upon more than conjecture and surmise.\" (Citations omitted; internal quotation marks omitted.) Paige v. St. 4065 Andrews Roman Catholic Church Corp., supra, 250 Conn. 25-26. Even where harm was foreseeable no duty can be found when the nexus between a defendant's negligence and the particular consequences to the plaintiff was \"too attenuated.\" First Federal Savings Loan Assn. of Rochester, supra, 247 Conn. at 604. While the question of proximate causation generally belongs to the trier of fact, it becomes a conclusion of law only when the mind of a fair and reasonable person could reach only one conclusion. If there is room for a reasonable disagreement the question is one to be determined by the trier of fact. Stewart v. Federated Dept. Stores, Inc., 234 Conn. 597, 611, 662 A.2d 753 (1995). In the present case, the plaintiffs failed to provide any testimony on the issue of causation, which is fatal to the plaintiff's claims of negligence against the defendant Board of Education. Beecher v. Greaves, 73 Conn. App. 561, 564, 808 A.2d 1143 (2002). The plaintiff was under an obligation to present evidence to support more than mere speculation regarding causation. Crone v. Connelly, supra, 74 Conn. App. 796. The plaintiff has presented evidence that Lasaga became John Doe's mentor while John Doe was a first grade student at the Vincent Mauro School in 1992. While it was admitted that Lasaga was not subjected to a background check in 1992, school employees and volunteers were not required to be subjected to a background check. The court is cognizant that a higher degree of care was required to constitute reasonable care when dealing with young children and the foreseeable hazards that can exist when introducing strangers into the school system. However, the plaintiff has failed to offer evidence that had a background check been completed, the results would have yielded information to alert the defendant Board of Education as to the propensities for pedophilia and sexual misconduct exhibited by Lasaga in 1996-1997. The evidence shows that no person or entity testifying in this case was aware of any sexual misconduct by Lasaga against John Doe or otherwise until the execution of the search warrant by law enforcement authorities in 1998. Witnesses including John Doe's mother, a social worker, a New Haven school system 4066 social worker had not received any complaints or evidence regarding sexual misconduct by Lasaga. John Doe 4066 himself denied it to his mother in 1996 and on two occasions to law enforcement authorities in 1998. If in fact the Board of Education could be termed negligent for not conducting a background check or for more closely supervising and monitoring the mentor program any such negligence was not the proximate cause of John Doe's injury. The cause of the injuries was the intentional criminal conduct of the third party Antonio Lasaga. This court noted in its decision in Davis-Trapani v. Scarcella, Superior Court, judicial district of New Haven at New Haven, No 00 0436800 (Jul. 23, 2003) (Arnold, J.), that prior to the Supreme Court's decision in Barry v. Quality Steel Products, Inc., 263 Conn. 424, 820 A.2d 258 (2003), Connecticut courts recognized the doctrine of superseding cause, which could relieve defendants of their own negligence in certain circumstances. Connecticut had adopted the standard set forth in \u00a7 442B of the Restatement [(Second) of Torts] that \"[w]here the negligent conduct of the actor creates or increases the risk of a particular harm and is a substantial factor in causing that harm, the fact that the harm is brought about through the intervention of another force does not relieve the actor of liability, except where the harm is intentionally caused by a third person and is not within the scope of the risk created by the actor's conduct.\" (Internal quotation marks omitted.) Stewart v. Federated Dept. Stores, Inc., supra, 234 Conn. 607-08. The Connecticut Supreme Court, in Barry v. Quality Steel Products, Inc., supra, 263 Conn. 424, abandoned the doctrine of superseding cause because General Statutes \u00a7 52-572h provides for apportionment among negligent defendants; and because Connecticut is a comparative negligence jurisdiction. See General Statutes \u00a7 52-572o. \"The simpler and less confusing approach to cases . . . where the jury must determine which, among many, causes contributed to the plaintiff's injury, is to couch the analysis in proximate cause rather than allowing the defendants to raise the defense of superseding cause.\" Id. at 436-37. However, the court in Barry also stated that \"Our conclusion that the doctrine of superseding cause no longer serves a useful purpose is limited to the situation in cases, such as the one presently before us, wherein a defendant claims that its tortious 4067 conduct is superseded by a subsequent negligent act or there are multiple acts of negligence. Our conclusion does not necessarily affect those cases where the defendant claims that an unforeseeable intentional act, force of nature, or criminal event supercedes its tortious conduct . . . Nor does our conclusion necessarily affect the doctrine of superseding cause in the area of criminal law.\" Id. at 439 fn.16, citing Doe v. Manheimer, 212 Conn. 748, 761, 563 A.2d 699 (1989); Stewart v. Federated Dept. Stores, Inc., 234 Conn. 597, 608, 662 A.2d 753 (1995); State v. Munoz, 233 Conn. 106, 124-25, 659 A.2d 683 (1995). 4067 This court concludes that the holding in Barry v. Quality Steel Products, Inc., supra, 263 Conn. 424, is not applicable to the situation in the present case. The act of criminal sexual assaults, which were deliberate and intentional act by the defendant Lasaga, relieved the defendant Board of Education from any negligence for which it may be responsible. One cannot leap to a conclusion that the defendant Board of Education's failure to do a background check in this matter or oversee the mentoring program caused Lasaga to sexually assault John Doe. Lasaga's sexual assaults were not reasonably foreseeable and there is no evidence that a background check in 1992 and more oversight of the mentoring program would have revealed that Lasaga had the propensity or profile of a pedophile superseding cause is, by definition, one that is not reasonably foreseeable.\" Barry v. Quality Steel Products, Inc., supra at 445, quoting Control Techniques, Inc. v. Johnson, 762 N.E. 104 (Ind. 2002 Lastly the court considers the issue of governmental immunity. It is noted that the defendant Board of Education has filed a special defense of governmental immunity in this action. \"The general rule is that a municipality is immune from liability for negligence unless the legislature has enacted a statute abrogating that immunity.\" Spears v. Garcia, 263 Conn. 22, 28, 818 A.2d 37 (2003); Williams v. New Haven, 243 Conn. 763, 766-67, 707 A.2d 1251 (1998). The plaintiff has alleged common-law negligence as to the New Haven Board of Education, but the plaintiff has not alleged any statute in his complaint allowing him to bring a direct cause of action for negligence against the Board of Education. The plaintiff has not named any employee of the Board of Education as a tortfeasor, nor has the plaintiff brought this action under General Statutes \u00a7 52-557n, 4068 which would not require that an employee be named as a tortfeasor. Spears v. Garcia, supra, 263 Conn. 37. The complaint is legally insufficient and the defendant is entitled to governmental immunity. 4068 The defendant Board of Education's acts were an exercise of its discretion and judgment in its official function and it would be entitled to immunity from negligence liability. Eliot v. Waterbury, 245 Conn. 385, 411, 715 A.2d 27 (1998). If the court were to apply the immunity set forth in General Statutes \u00a7 52- 557n, the defendant Board of Education would also prevail. Its actions were discretionary. The duty to supervise school children is a discretionary act. Heigl v. Board of Education, 218 Conn. 1, 8, 587 A.2d 423 (1991). Governmental immunity applies pursuant to General Statutes \u00a7 52-557n(a)(2)(b). The plaintiff alleges that the defendant Lasaga was an agent, servant or employee of the Board of Education and that Lasaga engaged in intentional and criminal acts. If there was sufficient evidence to allow the jury to determine that a school volunteer mentor was an \"agent servant or employee\" of the New Haven Board of Education, then General Statutes \u00a7 52-557n(a)(2)(A) is applicable. This statute provides in pertinent part, that, \" [e]xcept as otherwise provided by law, a political subdivision of the state shall not be liable for damages to person or property caused by the acts or omissions of any employee, officer or agent which constitute criminal conduct, fraud, actual malice or wilful misconduct Accordingly for all of the reasons stated herein, the motion for directed verdict, filed by the defendant New Haven Board of Education, dated March 9, 2004, is hereby granted. The Court By Judge Richard B. Arnold 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.", "8797_104.pdf": "News Published: 01 February 2001 Journal will publish accused scientist's work Rex Dalton Nature 409, 548 (2001) 694 Accesses Metrics San Diego After months of debate, a leading journal has decided it will consider for publication the research by a renowned geochemist accused of criminal offences unconnected to his work. nature news article Download Geochimica et Cosmochimica Acta has been in turmoil for months after two articles were submitted co-authored by Yale University professor Antonio Lasaga, who has been charged with child sex crimes. Lasaga specializes in the kinetics of geochemical processes. The Reed Elsevier journal is jointly sponsored by the Geochemical Society and the Meteoritical Society. The journal's editor, Frank Podosek, a professor at Washington University in St Louis, Missouri, decided not to publish research bearing Lasaga's name, saying he wanted to protect the societies and the journal didn't want to create the impression we were looking the other way,\u201d Podosek says. Two other co-authors on the articles \u2014 Hiroshi Ohmoto of Pennsylvania State University and Andreas Luttge of Rice University in Texas \u2014 immediately filed complaints with the journal's publications committee. Luttge, an associate professor now seeking tenure at Rice after studying under a German fellowship with Lasaga at Yale, is upset by the publication delay have to feed my family,\u201d says Luttge, \u201cand proceed with my career spent four years at Yale can't throw out that work.\u201d Lasaga and his attorneys declined interview requests. Lasaga has pleaded guilty to two federal felonies for possession of child pornography, but has since attempted to withdraw the pleas. He also faces state charges for alleged sexual abuse of a young boy. He has pleaded innocent in this case. As tensions mounted in the geochemical societies over whether to publish the papers, Podosek polled the journal's 55 associate editors on their positions. About two-thirds of those responding supported publication of Lasaga's work, says Podosek. But Podosek stood firm in his view compromise was finally worked out by Geochemical Society president Michael Hochella of Virginia Polytechnical Institute, and the University of Arizona's Michael Drake, the former president of the Meteoritical Society. Under the arrangement, Podosek will not handle research articles where Lasaga is an author \u2014 an associate editor will direct them through the normal peer-review process. \u201cThis has been an extraordinarily difficult situation for all concerned,\u201d say Hochella and Drake in a joint statement. \u201cOur societies do not have a mechanism to deal with reviewing papers based on anything other than scientific merit and the standard ethical aspects of scientific research.\u201d At their annual meetings later this year, the societies' boards will consider adopting a policy to \u201cdefine such a mechanism\u201d, the statement says. Meanwhile, Podosek and Lasaga's co-authors were satisfied with the outcome. \u201cThey made the right decision,\u201d says Ohmoto. But others were more critical. Nicholas Cozzarelli, a molecular biologist at the University of California and editor of the Proceedings of the National Academy of Sciences, says: \u201cThe [Lasaga] papers should be treated like any others. It is a slippery slope when editors make decisions on non-scientific matters.\u201d Rights and permissions Reprints and permissions About this article Cite this article Dalton, R. Journal will publish accused scientist's work. Nature 409, 548 (2001). Issue Date 01 February 2001 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)", "8797_105.pdf": "09-4630-cr To be Argued By Docket No. 09-4630-cr AMERICA, Appellee, -vs Defendant-Appellant United States Attorney District of Connecticut Assistant United States Attorney Assistant United States Attorney (of counsel Table of Authorities. . . . . . . . . . . . . . . . . . . . . . . . . . . iii Statement of Jurisdiction. . . . . . . . . . . . . . . . . . . . . . . . vi Statement of Issues Presented for Review.. . . . . . . . . vii Preliminary Statement. . . . . . . . . . . . . . . . . . . . . . . . . . 1 Statement of the Case.. . . . . . . . . . . . . . . . . . . . . . . . . . 4 Statement of the Facts. . . . . . . . . . . . . . . . . . . . . . . . . . 7 A. The offense and related conduct. . . . . . . . . . . . . . . 7 B. The first sentencing. . . . . . . . . . . . . . . . . . . . . . . . 11 C. The first appeal.. . . . . . . . . . . . . . . . . . . . . . . . . . . 15 D. The resentencing. . . . . . . . . . . . . . . . . . . . . . . . . . 16 E. The second appeal. . . . . . . . . . . . . . . . . . . . . . . . . 20 F. The Crosby remand.. . . . . . . . . . . . . . . . . . . . . . . . 21 Summary of Argument.. . . . . . . . . . . . . . . . . . . . . . . . 24 Argument. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 I. The district court\u2019s decision, on the Crosby remand, that it would not have imposed a different sentence under an advisory Guidelines regime was both procedurally and substantively reasonable.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 ii A. Governing law and standard of review. . . . . . . 26 B. Discussion.. . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 II. This case lacks the unusual circumstances that would require reassignment to a new district judge should it be remanded.. . . . . . . . . . . 35 A. Governing Law.. . . . . . . . . . . . . . . . . . . . . . . . 35 B. Discussion.. . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Conclusion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Certification per Fed. R. App. P. 32(a)(7)(C) Addendum iii 10.7 OLD. Blakely v. Washington, 124 S. Ct. 2531 (2004).. . . . . . . . . . . . . . . . . . . . . 26 Exxon Chemical Patents, Inc. v. Lubrizol Corp., 137 F.3d 1475 (Fed. Cir. 1998). . . . . . . . . . . . . . . 16 United States v. Barresi, 361 F.3d 666 (2d Cir. 2004).. . . . . . . . . . . . . . . . . 32 United States v. Bermingham, 855 F.2d 925 (2d Cir. 1988).. . . . . . . . . . . . . . 30, 34 United States v. Booker, 543 U.S. 220 (2005).. . . . . . . . . . . . . . . . . . . . passim United States v. Borrego, 388 F.3d 66 (2d Cir. 2004).. . . . . . . . . . . . . . . 32, 34 United States v. Carr, 557 F.3d 93 (2d Cir. 2009).. . . . . . . . . . . . . . . 28, 39 United States v. Crosby, 397 F.3d 103 (2d Cir. 2005).. . . . . . . . . . . . . . passim United States v. DeMott, 513 F.3d 55 (2d Cir. 2008).. . . . . . . . . . . . . . . 35, 38 iv United States v. Hernandez, 604 F.3d 48 (2d Cir. 2010).. . . . . . . . . . . . . . . . . . 37 United States v. Jass, 569 F.3d 47 (2d Cir. 2009).. . . . . . . . . . . . . . . . . . 30 United States v. Lasaga, 328 F.3d 61 (2d Cir. 2003).. . . . . . . . . . . . . 5, 15, 36 United States v. Lasaga, No. 03-1592, 2005 1527762 (2d Cir. June 27, 2005). . . . . . . . . . . . . . . . . . passim United States v. Ravelo, 370 F.3d 266 (2d Cir. 2004).. . . . . . . . . . . . . . . . . 28 United States v. Rigas, 583 F.3d 108 (2d Cir. 2009).. . . . . . . . . . . . . . . . . 28 United States v. Robin, 553 F.2d 8 (2d Cir. 1977).. . . . . . . . . . . . . . . . 35, 37 United States v. Shepard, 125 S. Ct. 1254 (2005).. . . . . . . . . . . . . . . . . . . 6, 21 United States v. Shuster, 331 F.3d 294 (2d Cir. 2003).. . . . . . . . . . . . . . . . . 30 United States v. Williams, 475 F.3d 468 (2d Cir. 2007).. . . . . . . . . . . . . . . . . 29 Williams v. United States, 503 U.S. 193 (1992).. . . . . . . . . . . . . . . . . . . . . 6, 21 v 18 U.S.C. \u00a7 2252. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 18 U.S.C. \u00a7 3231. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vi 18 U.S.C. \u00a7 3553. . . . . . . . . . . . . . . . . . . . . . . . . . passim 18 U.S.C. \u00a7 3742. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vi Fed. R. App. P. 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vi Fed. R. Crim. P. 32. . . . . . . . . . . . . . . . . . . . . . . . passim U.S.S.G. \u00a7 4A1.3. . . . . . . . . . . . . . . . . . . . . 2, 11, 18, 19 U.S.S.G. \u00a7 5K2.0. . . . . . . . . . . . . . . . . . . . . . . . . . passim U.S.S.G. \u00a7 5K2.3. . . . . . . . . . . . . . . . . . . . . . . . . . passim vi Statement of Jurisdiction This is an appeal from a judgment entered October 23, 2009 (Alvin W. Thompson, J.) in which the district court issued a written ruling refusing to resentence the defendant in light of United States v. Booker, 543 U.S. 220 (2005) and United States v. Crosby, 397 F.3d 103 (2d Cir. 2005). The district court had subject matter jurisdiction under 18 U.S.C. \u00a7 3231. The defendant filed a timely notice of appeal pursuant to Fed. R. App. P. 4(b) on November 3, 2009, and this Court has appellate jurisdiction over the defendant\u2019s challenge to his sentence pursuant to 18 U.S.C. \u00a7 3742(a). The defendant raises three separate issues in his 1 challenge to the district court\u2019s Crosby ruling. First, he claims that the district court, despite denying the motion for re- sentencing, did, in fact, conduct a de novo sentencing hearing. Next, he claims that the district court erred in re-sentencing him without following the dictates of Fed. R. Crim. P. 32. Finally, he argues that the district court\u2019s three-level upward departure for the defendant\u2019s possession of a large volume of images of child pornography \u201cviolates the law of the case.\u201d Def.\u2019s Brief at 2. The Government addresses all three of these arguments under one subheading which discusses the procedural and substantive reasonableness of the district court\u2019s decision denying the request for a full re-sentencing. vii Statement of Issue Presented I. Whether the district court\u2019s decision on a Crosby remand that it would not have imposed a different sentence under an advisory Guidelines regime was both procedurally and substantively reasonable.1 II. Whether any further remand by this Court would require re-assignment to a different district judge Docket No. 09-4630-cr AMERICA, Appellee, -vs LASAGA, Defendant-Appellant Preliminary Statement This appeal requires an examination of whether the district court abused its discretion in refusing to re- sentence the defendant after a remand pursuant to United States v. Crosby, 397 F.3d 103 (2d Cir. 2005). The district court initially sentenced the defendant-appellant Antonio C. Lasaga to a term of 15 years\u2019 imprisonment. This sentence was based, in part, on a two-level upward departure for extraordinary volume of child pornographic images, see U.S.S.G. \u00a7 5K2.0, and a one-level upward departure for extraordinary harm that the defendant caused 2 by sexually abusing a young boy. See U.S.S.G. \u00a7 5K2.3. On initial appeal, this Court affirmed the first departure for the volume of images, but vacated the second departure, concluding that the district court had failed to apply the correct legal standard of \u201ccomparative harm\u201d to support an upward departure for extraordinary psychological harm. Without specifically restricting what issues the district court could consider on remand, the Court ordered resentencing \u201cconsistent with\u201d its opinion. On resentencing, the government withdrew its request for a departure for extraordinary harm to the child victim. Instead, the government recommended that the district court depart upward on the ground of under-representation of criminal history, see U.S.S.G. \u00a7 4A1.3, and that it also depart upward one additional level for the extraordinary volume of child pornographic images. The government had specifically asserted both of these grounds at the first sentencing, and the district court had found them both to be applicable. In the end, however, the district court chose not to rely upon them because they were unnecessary to the court\u2019s decision to impose a sentence of 15 years\u2019 imprisonment. At the second sentencing, in light of this Court\u2019s decision invalidating the upward departure for extraordinary psychological harm, the district court decided to depart upward on both alternative grounds proposed by the government, resulting in a guideline incarceration range of 168 months to 210 months. The district court then once again imposed a sentence of 15 years\u2019 imprisonment. In the second appeal, this Court affirmed the district court\u2019s application of the quantity departure and rejected 3 the defendant\u2019s argument that the district court violated the mandate rule when it imposed the quantity and criminal history departures. This Court also rejected the defendant\u2019s complaint that the district court erred when it declined to permit him to relitigate the issue of whether the pornographic images he stored were of \u201cvirtual\u201d children. Finally, the Court remanded the case under United States v. Booker, 543 U.S. 220 (2005) and United States v. Crosby, 397 F.3d 103 (2d Cir. 2005) and explicitly noted the discretion afforded to the district court under these cases. The Court did not resolve the defendant\u2019s separate challenge to the criminal history departure, but instead referred it to the district court on remand. On the Crosby remand, the district court denied the defendant\u2019s request for a resentencing. In its written order, the court treated the guidelines as advisory and concluded that it would not have imposed a different sentence had the guidelines been advisory at the time of the sentencing. It also determined that the criminal history departure was irrelevant because the fifteen year sentence that it believed to be appropriate was encompassed by overlapping guidelines ranges applicable for either criminal history category. In this appeal, the defendant argues that, in refusing to re-sentence him, the district court did, in fact, conduct a full re-sentencing hearing, and did so without affording him the procedural requirements set forth in Fed. R. Crim. P. 32. The defendant also claims that the district court violated the \u201claw of the case\u201d doctrine by relying on a three-level departure for the volume of images of child pornography possessed by the defendant. Finally, the 4 defendant asserts that the case should be re-assigned to a different district judge on remand. For the reasons set forth below, these claims lack merit. Statement of the Case On June 17, 1999, a federal grand jury in the District of Connecticut returned an indictment charging the defendant with four counts of receipt of child pornography, in violation of 18 U.S.C. \u00a7 2252A(a)(2), and three counts of possession of child pornography, in violation of 18 U.S.C. \u00a7 2252A(a)(5)(B). On February 18, 2000, the defendant elected to plead guilty to Counts Two and Six of the Indictment. Count Two charged that, on or about November 1, 1998, the defendant knowingly received \u201cnumerous graphic image files\u201d of child pornography, in violation of 18 U.S.C. \u00a7 2252A(a)(2). Count Six charged that, on or about November 6, 1998, the defendant knowingly possessed \u201ctwo videotapes containing images of child pornography,\u201d in violation of 18 U.S.C. \u00a7 2252A(a)(5)(B). On May 18, 2000, the district court conducted an initial sentencing hearing. The court did not impose sentence because the defendant moved to withdraw his guilty plea as to Count Six and moved to dismiss Count Six based on the claim that the statute alleged in that count was unconstitutional under the Commerce Clause. The defendant ultimately withdrew that challenge on January 8, 2002. 5 On February 12 and 13, 2002, Judge Thompson conducted additional sentencing hearings and ultimately sentenced the defendant to 180 months\u2019 imprisonment on Count Two and a concurrent term of 60 months\u2019 imprisonment on Court Six. On February 22, 2002, the defendant filed a timely notice of appeal. On May 2, 2003, this Court affirmed the defendant\u2019s conviction, but vacated and remanded his sentence on the ground that the district court had not made sufficient findings to support a one-level upward departure for extraordinary harm to a minor victim under U.S.S.G. \u00a7 5K2.3. See United States v. Lasaga, 328 F.3d 61 (2d Cir. 2003) (\u201cLasaga I\u201d). Following the remand, the district court held sentencing hearings on August 28 and September 5, 2003. At resentencing, the district court departed upward on two separate bases. First, it departed horizontally from criminal history category to criminal history category II, on the basis that criminal history category significantly under-represented both the seriousness of the defendant's criminal history and the likelihood that he will commit further crimes. Second, the district court enhanced the offense level calculation by one level pursuant to U.S.S.G. \u00a7 5K2.0, on the grounds that the Guidelines did not adequately take into consideration the enormous volume of child pornography collected by the defendant. This adjustment of one offense level was in addition to the two level upward departure for volume of child pornography applied at the first sentencing. A332-334. 6 These departures resulted in a criminal history category II, an offense level of 34, and a commensurate sentencing range of 168 months to 210 months. The court then sentenced the defendant to 180 months\u2019 imprisonment on Count Two and a concurrent term of 60 months\u2019 imprisonment on Count Six. A335. On September 12, 2003, the defendant filed a timely notice of appeal. In a Summary Order issued on June 27, 2005, this Court rejected the defendant\u2019s argument that the district court violated the mandate rule when it imposed the quantity and criminal history departures and found that the district court had made the required factual findings to support the imposition of those departures at the initial proceeding. See United States v. Lasaga, No. 03-1592, 2005 1527762, at 2-3 (2d Cir. June 27, 2005) (\u201cLasaga II\u201d). This Court also rejected the defendant\u2019s challenge to the quantity departure and concluded that the district court did not err in precluding him from submitting additional evidence on the issue of digitized \u201cvirtual\u201d pornography. See id., at 3-4. This Court did not resolve the defendant\u2019s challenge to the criminal history departure. Instead, it remanded the case under Booker and Crosby and directed the district court to reconsider the criminal history departure in light of United States v. Shepard, 125 S. Ct. 1254 (2005) (holding police reports to be insufficient to establish nature of prior conviction for enhanced sentencing) and Williams v. United States, 503 U.S. 193, 201 (1992) (holding that criminal history departure could not be based solely on consideration of police arrest reports). See id., at 4. Finally, this Court noted the district court\u2019s discretion under Booker and Crosby. See id. The government has submitted the in a separated, 2 sealed appendix. 7 Following the Crosby remand, the district court solicited and considered written briefs from the parties. A349. On October 23, 2009, the court issued a written order concluding that it would not have imposed a different sentence had the sentencing guidelines been advisory at the time the sentence was imposed. The district court then declined to address the issue of the criminal history departure because the \u201cappropriate sentence\u201d of 15 years was also encompassed by the advisory guidelines absent the disputed enhancement. A350-351. On November 3, 2009, the defendant filed a timely notice of appeal. A352. The defendant is presently serving his sentence. Statement of Facts A. The offense and related conduct At the time of the charged offenses, the defendant was a senior professor at Yale University in the Department of Geology and Geophysics. He lived on campus where he served as \u201cMaster\u201d of Saybrook College, one of Yale\u2019s twelve residential \u201ccolleges\u201d for undergraduate students. Presentence Investigation Report (PSR) \u00b6 12.2 On approximately October 23, 1998, a graduate student at the defendant\u2019s geology department advised one of the department\u2019s computer specialists that he believed the 8 defendant was using the department\u2019s computers and its Internet server to download child pornography. In an attempt to verify the student\u2019s claim, the computer specialist wrote a program that, in essence, instructed the computer to send the specialist an electronic mail message if and when any user accessed the specific directories identified by the student as the repository to which child pornography was being downloaded. Shortly thereafter, the specialist received an e-mail. He then accessed the system to learn that an individual who was logged on in the defendant\u2019s name was downloading graphic images of minors engaged in various sexual acts. At the time, the defendant was in his office with the door closed. The defendant later returned to his campus home at Saybrook College, where he remotely accessed the department\u2019s computers and transferred the downloaded files to his home computer \u00b6\u00b6 16-18. One week later, on October 30, 1998, and into the early morning hours of October 31, 1998, the specialist again monitored the defendant through the computer system as he logged into the department\u2019s server, downloaded numerous child pornography files, logged off again and left the building. The defendant re-logged on to the system from his home computer at Saybrook College, transferred the pornographic files to his home computer, deleted the downloaded files from the office server, and then logged off again \u00b6\u00b6 19-20. The defendant\u2019s conduct was referred through Yale authorities to the Federal Bureau of Investigation. In the early morning hours of November 6, 1998, federal law enforcement agents executed a court-authorized search 9 warrant at the defendant\u2019s home at Saybrook College. The agents seized more than 200 \u201cZip\u201d disks, a computer hard drive, and numerous other diskettes, cumulatively containing tens of thousands of graphic image files, the majority of files containing minors posed in the nude or engaged in various sexual acts. Among other examples, the images included a four-year-old boy being anally penetrated by an adult; an adult male ejaculating on the face of a five- or six-year-old girl; and a prepubescent girl being subjected to \u201coral sex\u201d by a dog. The defendant had accessed newsgroups including \u201calt.sex.pedophilia.boys,\u201d \u201calt.binaries.pictures.boys,\u201d \u201calt.sex.incest,\u201d and \u201calt.sex.pedophilia.boys \u00b6\u00b6 21, 24. The agents also seized numerous videotapes from the defendant\u2019s campus home, including the two videotapes that served as a basis for the child pornography possession charge of Count Six of the Indictment. Both these tapes showed sexually explicit conduct involving a young boy from New Haven, for whom the defendant had served as a volunteer \u201cmentor\u201d over the past several years. The first videotape showed the boy with his pants around his ankles when he was approximately 9 years old, focusing on the boy\u2019s buttocks, anus and genitalia. The scene was filmed in a science classroom at Yale and featured the defendant\u2019s hand spreading the boys buttocks and instructing him by name to open further \u00b6 25. The second film showed the boy when he was approximately 12 years old, engaging in masturbation while he watched television. The defendant\u2019s voice on the video told the boy to walk toward the defendant, and the video panned downward to show the defendant\u2019s erect 10 penis coming into view and touching and rubbing against the child\u2019s penis \u00b6 25. The child victim was later interviewed and described with great difficulty the extent of abuse he suffered from the defendant, beginning at a young age and continuing through his 12th birthday. The boy estimated that, on 10 or 20 separate occasions, the defendant took him to a science classroom at Yale, to his residence at Saybrook College, and once on a trip to New Hampshire, where he took sex-laden videos and digital photographs of the boy. Not content simply to film or photograph the boy, the defendant also forced the child to perform oral sex on him and sodomized the child on numerous occasions. The forensic examination of the items seized from the defendant\u2019s home also revealed numerous digital images depicting the defendant sodomizing the child \u00b626. The defendant told investigators at the time of the search warrant that he regularly downloaded child pornography from the Internet and did so just hours before the warrant was executed. He had no academic purpose in doing so and he knew it was illegal, but he believed that it should not be. Despite what investigators would later learn from the seized videotapes, he denied any sexual contact with the child victim \u00b6 22. The defendant also had a history of uncharged sexual misconduct with young boys, that spanned a 20 year period. At the initial sentencing, the government presented additional arrest reports and memoranda of interview detailing the defendant\u2019s numerous instances of sexual misconduct with four or five other young boys in 11 incidents occurring at a swimming pool in 1981 and at a facility in 1986-87 and 1991. A313-330. B. The first sentencing At the defendant\u2019s first sentencing in 2002, the parties agreed, and the district court found, that the applicable adjusted offense level was 31 and the applicable criminal history category was Level I, with a resulting range of 108 -135 months of incarceration. A58. From this range, the government sought upward departures on a variety of bases: (1) the extraordinary harm to the minor victim, see U.S.S.G. \u00a7 5K2.3; (2) the enormous volume of child pornography, see U.S.S.G. \u00a7 5K2.0; and (3) the understatement of the defendant\u2019s criminal history category, see U.S.S.G. \u00a7 4A1.3. The government requested that the maximum statutory sentence of 20 years. In rendering its sentencing decision, the court first reviewed the factors under 18 U.S.C. \u00a7 3553(a) that had to be considered in fashioning the sentence. A147. It then stated that it had taken into account these factors, had reviewed the PSR, had considered the sentencing memoranda and counsel\u2019s remarks and all of the written and oral submissions that had been made by both parties. A148. It reviewed the various purposes of sentencing, including general and specific deterrence, protection of the public and rehabilitation. A148-A149. It found that the two factors \u201cthat believe make the most difference in the sentence I\u2019m going to impose are the need to provide just punishment and the need to protect society.\u201d A149. The court also noted that it had considered the comments of the 12 defendant\u2019s wife and son, and that their perspective of his positive qualities \u201cdo lead me to impose a sentence that is lower than otherwise would impose.\u201d A150. Although the district court characterized the government\u2019s request for a 20 year sentence as \u201cnot unreasonable,\u201d it determined that a sentence of 15 years would adequately address and achieve the myriad of sentencing goals as described in 18 U.S.C. \u00a7 3553(a). With this sentence in mind, the court then addressed the government\u2019s various motions for upward departure. A150. First, the district court determined that a two-level upward departure was appropriate due to the defendant's possession of 150,000 images of child pornography. The court concluded that a departure of more than two offense levels was warranted, but chose to depart upward only two offense levels, stating: The conservative estimate is that you amassed a collection with approximately 150,000 pornographic images of children. ... For each of the images that is created, there is at least one victim; namely, the child in the image, and some images include more than one child. Although you collected the images and did not create them, by collecting them, you lend support and encouragement to the people who engage in the practice of creating child pornography. That is the theory behind our criminal laws in this area. 13 Here in the courtroom there is a danger that one may be tempted to look at these children as nameless and faceless victims, but each one of them is important and in this case tens of thousands of them are involved. ... While believe that a departure of more than two offense levels is warranted, if one looks only at the offense behavior am going to depart upward only two offense levels on this basis will depart upward only two offense levels on this basis because I\u2019m also going to depart upward on another basis and because believe that to some degree your conduct was somewhat obsessional in nature and it appears that you could not possibly have viewed all the images. A151-A153. Next, the court determined that the record supported a finding of extraordinary harm to the victim child. The court reviewed the evidence submitted by the government in support of the departure and found that a one-level departure for this ground was appropriate. A153-A157. Finally, the court agreed with the government that an upward departure to a higher criminal history category was supported by the defendant\u2019s demonstrated history of abusing young children. The court fully credited the reports and records introduced by the government and concluded that the defendant had engaged in a pattern of sexual misconduct with children spanning a 20-year period. Specifically, the court stated: 14 conclude that the government has produced reliable information that the defendant engaged in prior uncharged sexual contact with minors on at least three occasions. The details of these incidents are documented in the government\u2019s exhibits submitted on May 18, 2000. There is no doubt that as to the identity of the defendant and that he was involved in these incidents. There is a similar pattern for each of these incidents. In addition, the defendant\u2019s explanation as to why he did nothing wrong is similar in each of these instances. Looking at all of the evidence together, there is a clear pattern of activity on the part of the defendant. A157-A158. In view of the court\u2019s determination that a sentence of 15 years\u2019 imprisonment was the appropriate sentence to be imposed, and because the court could arrive at a guideline range that encompassed that sentence without the need for an additional \u201chorizontal\u201d criminal history departure, it declined to depart upward on that ground. The court stated: At this point we are now dealing with very wide ranges under the Sentencing Guidelines and those ranges overlap. If were to depart on this basis and place the defendant in criminal history category would 15 conclude it was most appropriate to impose a sentence at or towards the mid point to the bottom of the range when look at the defendant in the context of other people in criminal history category II. Since the ranges overlap, the same sentence can be imposed by sentencing the defendant near or at the top of the range applicable to criminal history category I. Therefore do not believe a departure on this basis is necessary in order to impose an appropriate sentence in this case. A158-A159. With a three-level upward departure, the defendant\u2019s offense level was 34, and the resulting guideline range was 151-188 months. The court sentenced the defendant to 180 months. A162. C. The first appeal The defendant appealed both upward departures. He claimed on appeal that the departures were factually and legally unsupported. With respect to the volume of child pornography, he further challenged whether the images in question were of \u201creal\u201d or \u201cvirtual\u201d children. This Court upheld the district court\u2019s upward departure under U.S.S.G. \u00a7 5K2.0 for the enormous volume of images. Lasaga I, at 67. It further found, not only that the defendant had waived his argument that the images were \u201cvirtual,\u201d but also that the defendant\u2019s own admissions supported a factual basis for a finding that the images were real. See id. at 68. The Court determined, however, that the district court failed to consider the \u201ccomparative harm court of appeals\u2019 denial of a request for clarification 3 of its opinion does not have inferential or precedential weight. See Exxon Chemical Patents, Inc. v. Lubrizol Corp., 137 F.3d 1475, 1479 (Fed. Cir. 1998). 16 to the victim in its upward departure under U.S.S.G. \u00a7 5K2.3. See id. at 66 (\u201cthe district court erred in departing under \u00a7 5K2.3 without making the additional finding that the victim suffered much more serious harm than would normally be the case\u201d). Therefore, the Court vacated the sentence and remanded for resentencing. On May 16, 2003, the government moved for clarification of the scope of the mandate, specifically asking if the district court, on remand, was free to revisit the upward departures that it had found appropriately applied, but had not imposed at the first sentencing. The Court denied the motion without comment. 3 D. The resentencing At resentencing, in light of additional information received from the child victim\u2019s psychotherapist, the government withdrew its request for an upward departure based on extreme psychological harm, under \u00a7 U.S.S.G. 5K2.3. A174-A175. Instead, the government recommended that the district court upwardly depart on the two grounds that it had previously determined had been unnecessary to resolve. First, the government recommended that the court augment by one level its prior two-level upward departure for extraordinary volume of child pornography. The court 17 agreed that a three-level departure was appropriate and explained that he had previously departed by only two levels because a further departure had not been necessary to achieve what he believed to be an appropriate sentence concluded that the government had established that a departure of more than two offense levels was warranted pursuant to Guideline Section 5K2.0 because of the enormous quantity of child pornography collected by the defendant did not make a specific determination as to how many offense levels in excess of two offense levels would have been a warranted departure because realized at the time that such a question was moot in view of the fact that intended to limit the extent of the combined departures in the case, and also planned to depart pursuant to Guideline Section 5K2.3 believe it is self-evident that had concluded that an upward departure of at least three offense levels was warranted. . . . A172-A173. The court later explained: \u201cThe only other thing will say, just so you have the benefit of all my thinking, is that really haven\u2019t changed my original view of the record here.\u201d A253. \u201cIf, in fact, it is permissible to go up three offense levels under 5K2.0 would.\u201d A253. \u201cAnd if it\u2019s permissible to do that without hearing additional evidence from the defendant would, because was comfortable at the time of sentencing that the record showed that such departure was appropriate.\u201d A253 hope it is obvious then that believed then and now that a departure of three offense levels is warranted since in 18 order to be more than two you have to be at least three offense levels.\u201d A333. In addition, as it had at the first sentencing hearing and on the basis of the same evidence introduced at the first sentencing, the government requested that the district court depart upward for under-representation of criminal history, see U.S.S.G. \u00a7 4A1.3. The court agreed that a one-level criminal history category increase was appropriate in view of the defendant\u2019s extensive and reliably documented history of abusing young boys. After a lengthy recitation of the supporting evidence, largely taken from law enforcement reports, see A313-A331, the court concluded that the defendant\u2019s criminal history category under- represented the \u201clikelihood that the defendant will commit further crimes of this nature.\u201d A331. The court made clear that these finding were consistent with its findings at the first sentencing hearing: Thus, whereas opted not to make findings with respect to the likelihood that the defendant will commit further crimes on the day of the original sentencing; namely, because didn\u2019t want to go through all of that detailed information, particularly with the defendant\u2019s wife sitting here and having already been so humiliated am expressly making that finding in addition to the finding with respect to the defendant\u2019s criminal history that made on the day of sentencing. The court noted as well that additional facts, which 4 came to the court\u2019s attention since the 2002 sentencing, if he were to revisit the issue would now indicate that there is a substantial likelihood of recidivism. A332. 19 A330-331.4 Ultimately, at resentencing, the district court departed upwards three offense levels pursuant to U.S.S.G. \u00a7 5K2.0 for the enormous volume of child pornography amassed by the defendant, and it departed horizontally upwards from criminal history category to criminal history category pursuant to U.S.S.G. \u00a7 4A1.3. Thus, the court concluded, the applicable offense level was 34, with a criminal history category of II, which resulted in a sentencing range of 168 months to 210 months. A334-A335. As it had done during the first sentencing hearing, the court again stated that it had \u201cconsidered the factors that a district court must take into consideration in determing a particular sentence to be imposed under Title 18 United States Code Section 3553, as well as the purposes that a criminal sentence needs to serve.\u201d A311. The court explained, \u201cAnd my analysis in this case had not changed from the original sentencing and will simply incorporate by reference my discussion\u201d regarding the \u00a7 3553(a) factors that the court engaged in during the first sentencing hearing. A311. The court further stated will note that at that time explained that the factors that believe are most significant in terms of the sentence conclude is appropriate in this case are the need to provide just punishment and the need to protect society. My views on that have not changed.\u201d A311. The third challenge was not asserted until the 5 defendant\u2019s reply brief. 20 The court sentenced the defendant to 180 months\u2019 incarceration. A335. During the resentencing, the district court made clear that its alternative departures were consistent with its actions at the first sentencing and with its intention to impose a total sentence of 180 month imprisonment. The court explained, at the first sentencing exercised my discretion to depart to a lesser extent than the government had established was justifiable because had concluded the extent of the combined departures in the case should be limited so that the total effective sentence did not exceed 180 months.\u201d A172. The court later stated, \u201cThe whole point here is was holding the sentence down to 180 months, against the vigorous argument of the government.\u201d A296. E. The second appeal The defendant again appealed his sentence. First, he contended that the new departures violated the mandate rule. Second, he argued that the district court abused its discretion by imposing the quantity departure without permitting him to present additional evidence regarding quantity. And third, the defendant argued that the district court abused its discretion in imposing the criminal history departure. Lasaga II, at 1. In a Summary Order, this 5 Court rejected the defendant\u2019s argument regarding the mandate rule, noting that \u201cthe district court\u2019s rationale for not imposing [the additional departures] initially \u2013 that the appropriate sentence could be reached without them \u2013 was nullified by our reversal of the Injury Departure.\u201d Id. at 21 2-3. This Court held that the district court did not err in imposing these departures, even without first allowing the defendant to present more evidence, since these issues were \u201cfully litigated and rejected by the district court and this court in the first round of sentencing and appeal.\u201d Id., at 3. This Court also rejected the defendant\u2019s challenge to the quantity departure and concluded that the district court did not err in precluding him from submitting additional evidence on the issue of the issue of digitized \u201cvirtual\u201d pornography. See Id. at 3-4. The Court did remand this case under Booker and Crosby. In doing so, the Court refrained from addressing the defendant\u2019s challenge to the criminal history departure and directed the district court to reconsider the issue in light of the Supreme Court\u2019s decisions in United States v. Shepard, 125 S. Ct. 1254 (2005) (holding police reports to be insufficient to establish nature of prior conviction for enhanced sentencing) and Williams v. United States, 503 U.S. 193, 201 (1992) (holding that criminal history departures could not based solely on consideration of police arrest reports). See Lasaga II, at 4. This Court also noted that the decision in Lasaga \u201cin no way limit[s] the discretion afforded to the district court in Booker and Crosby.\u201d Id. F. The Crosby remand Following this Court\u2019s Crosby remand, the district court solicited and considered written briefs from the parties. A349. In the defendant\u2019s written submission, he The Government Appendix will be referred to using 6 \u201cGA\u201d and the appropriate page number. 22 urged the court to decrease the sentence. GA14-GA16.6 Although he did not specifically request a new sentencing hearing, he did note that, should one be ordered, he affirmatively requested not to be present. GA12. The defendant asked the court to consider several factors related to his personal history, such as his childhood difficulties, his success in higher education, and his advancement of knowledge in his field. GA15. He also asked the court to consider the \u201ccompulsive\u201d nature of his possession of the child pornography in question, as well as the fact that he was prosecuted by the state for the sexual abuse of the young boy whom he mentored. GA15-GA16. In its Crosby filing, the government urged the district court to issue the same sentence without holding an evidentiary hearing. GA8. The government noted that the district court \u201chad made it abundantly clear, on two prior occasions, that for multiple reasons the appropriate sentence for this defendant is 180 months\u2019 imprisonment. . . . On both occasions, the [district court] has carefully explained why such a sentence is appropriate.\u201d GA7. The government pointed out that this Court had approved the district court\u2019s most recent offense level calculation of 34. GA7. In the government\u2019s view, it was not necessary to resolve the dispute concerning the criminal history departure because, even without that departure, the guidelines range encompassed the prior sentence of 180 months\u2019 imprisonment. GA7. The government stated, \u201cNothing that has occurred on appeal has resulted in any criticism, whatsoever, of the reasons stated by [the district 23 court] for imposing the 180 month sentence [and] the reasons for a 180 month sentence for this defendant have never changed.\u201d GA7-GA8. On October 23, 2009, the court issued a written order concluding that it would not have imposed a different sentence had the sentencing guidelines been advisory at the time the sentence was imposed. Specifically, the court held: On two prior occasions, after looking at all the facts and circumstances of this case, the court has concluded that the most appropriate sentence is a sentence of 180 months\u2019 imprisonment on Count Two and 60 months\u2019 imprisonment on Counts Six, imposed concurrently. On both occasions, the court explained that it had taken into account the factors set forth in 18 U.S.C. \u00a7 3553(a). No point raised by the defendant persuades the court that any different conclusion should be reached. A350. The court declined to address the criminal history departure because the \u201cappropriate sentence\u201d of 180 months was also encompassed by the advisory guidelines absent the disputed enhancement. A350-A351. The court stated, \u201cAssuming arguendo a Criminal History Category of Category I, the resulting range . . . encompasses the sentence the court continues to view as being the appropriate sentence. Therefore the court need not address the issue of departure to Criminal History Category II.\u201d A350-A351. 24 The court identified and rejected two defense arguments in its Crosby ruling. First, it rejected the defendant\u2019s argument that an upward departure was impermissible unless it was based on facts admitted by the defendant or proven to a jury beyond a reasonable doubt. A349. Second, it concluded that it had already taken into consideration various positive aspects of the defendant\u2019s life, including \u201chis extraordinary success in higher education, his distinguished career in academia, his extraordinary contributions to the advancement of knowledge in his field, and the fact that his downloading of child pornography was \u2018compulsive.\u2019\u201d A350. Summary of Argument The district court properly followed the sentencing requirements for a Crosby remand. After soliciting written arguments from the parties, it properly exercised its discretion in determining that it would have imposed the same sentence had the sentencing guideline been advisory at the time the previous sentence was imposed. The court explained that it had twice previously gone through an exhaustive \u00a7 3553(a) analysis and, on both occasions, concluded that 180 months\u2019 incarceration was the appropriate sentence. The court held that it had already considered the various positive characteristics relied upon by the defendant in his Crosby remand memorandum and factored them into its previous sentencing decisions. In addition, the court properly ruled that it did not need to address the disputed criminal history departure, since the applicable guideline without that departure encompassed the sentence it deemed to be appropriate. The court did not sentence the defendant de novo, and, therefore, the 25 defendant was not entitled to a full sentencing hearing pursuant to Fed. R. Crim. P. 32. In addition, should this Court determine that an additional remand is required, the unusual circumstances that would require reassingment to a different district judge do not exist here. The district court has shown that it would have no difficulty putting aside previously expressed views if ordered to do so by this Court, nor is reassignment necessary to preserve the appearance of justice. Finally, any such reassignment would waste substantial judicial resources, as the district court has already held multiple lengthy hearings, carefully evaluated numerous submissions by the parties, and provided the necessary assurance that all relevant factors have been considered when issuing the defendant\u2019s sentence. 26 Argument I. The district court\u2019s decision, on the Crosby remand, that it would not have imposed a different sentence under an advisory Guidelines regime was both procedurally and substantively reasonable. A. Governing law and standard of review In United States v. Booker, 543 U.S. 220 (2005), the Supreme Court held that the United States Sentencing Guidelines as written, violate the Sixth Amendment principles articulated in Blakely v. Washington, 124 S. Ct. 2531 (2004). As a remedy, the Court severed and excised the statutory provision making the Guidelines mandatory, 18 U.S.C. \u00a7 3553(b)(1), thus declaring the Guidelines \u201ceffectively advisory.\u201d This results in a system in which this Court, while required to consider the Guidelines, may impose a sentence within the statutory maximum penalty for the offense of conviction. Such a sentence will be subject to appellate review for \u201creasonableness.\u201d This Court summarized the impact of Booker as follows: First, the guidelines are no longer mandatory. Second, the sentencing judge must consider the guidelines and all of the other facts listed in Section 3553(a). Third, consideration of the guidelines will normally require determination of the applicable guideline range, or at least identification of the arguably applicable ranges, and consideration of applicable policy statements. Fourth, the sentencing 27 judge should decide, after considering the guidelines and all other factors set forth in Section 3553(a), whether (i) to impose the sentence that would have been imposed under the Guidelines, i.e., a sentence within the applicable guidelines range, or within permissible departure authority, or (ii) to impose a non-Guideline sentence. Fifth, the sentencing judge is entitled to find all the facts appropriate for determining either a guideline sentence or a non-guideline sentence. Crosby, 397 F.3d at 103. This Court also stated that a district count must be mindful that Booker and section 3353(a) \u201cdo more than render the Guidelines a body of casual advice, to be consulted or overlooked at the whim of the sentencing judge.\u201d Id. Both the Supreme Court and this Court expect \u201csentencing judges faithfully to discharge their statutory obligation to \u2018consider\u2019 the guidelines and all of the other factors listed in Section 3353(a), . . . and that the resulting sentences will continue to substantially reduce unwarranted disparities while now achieving somewhat more individualized justice.\u201d Id. at 113-14. In Crosby, this Court determined that it would remand most pending appeals involving challenges to sentences imposed prior to Booker \u201cnot for the purpose of a required resentencing, but only for the more limited purpose of permitting the sentencing judge to determine whether to resentence, . . . and if so, to resentence.\u201d Crosby, 397 F. 3d at 117. Thus, this Court stated that a remand would be necessary to \u201cpermit the district court to determine whether it would have imposed a non-trivially different 28 sentence . . . if it has known that the Guidelines are merely advisory.\u201d United States v. Carr, 557 F. 3d 93, 98-99 (2d Cir. 2009). In making that threshold determination upon a Crosby remand, \u201cthe District Court should obtain the views of counsel, at least in writing, but \u2018need not\u2019 require the presence of the defendant. . . .\u201d Crosby, 397 F. 3d. at 120. (Internal citations omitted). \u201cUpon reaching its decision (with or without a hearing) whether to resentence, the district court should either place on the record a decision not to resentence, with an appropriate explanation, or vacate the sentence and, with the defendant present, resentence in conformity with the [Sentencing Reform Act], Booker/Fanfan, and [the Crosby] opinion, including an appropriate explanation, see \u00a7 3553(c).\u201d Id hearing pursuant to Rule 32 of the Federal Rules of Criminal Procedure (\u201cRule 32\u201d) is only required if the district court actually decides to resentence the defendant. See Id. Following Booker, a district court has \u201cbroad latitude to impose either a Guidelines sentence or a non-Guidelines sentence.\u201d United States v. Rigas, 583 F. 3d 108, 114 (2d Cir. 2009) (citations omitted). This Court will \u201creview a district court\u2019s factual findings made in the course of imposing a sentence under the guidelines for clear error and the application of the guidelines to those findings for abuse of discretion, in which case [the Court will] employ a de novo standard of review.\u201d United States v. Ravelo, 370 F. 3d 266, 269 (2d Cir. 2004). This Court still \u201creview[s] a sentence for reasonableness even after a District Court declines to resentence pursuant to Crosby.\u201d 29 United States v. Williams, 475 F.3d 468, 474 (2d Cir. 2007). B. Discussion The district court complied with the requirements for a Crosby remand. The court obtained the views of counsel in writing and specifically noted in its Order that it had \u201cconsidered the arguments in the Defendant\u2019s Crosby Brief.\u201d A349. It then made the threshold conclusion that \u201cit would not have imposed a different sentence had the Sentencing Guidelines been advisory at the time the sentence was imposed.\u201d A349. It explained that it had twice previously looked at all of the facts and circumstances of the case, taken into account the factors set forth under \u00a7 3553(a) and concluded that 180 months\u2019 incarceration was the appropriate sentence. A350. It found that the defendant had not raised any point to persuade the court to impose a different sentence. A350. Since the court had made the determination not to resentence the defendant, it was not required to hold, and did not hold, a hearing pursuant to Fed. R. Crim. P. 32, see Crosby, 397 F.3d at 120. The district court also properly exercised the discretion noted by this Court in Lasaga II, at 4, when it chose not to address the criminal history departure. Had the court again imposed that departure, the defendant\u2019s guidelines incarceration range would have been 168 months to 210 months. See A334-A335. Without imposing the departure, his guidelines range was 151 months to 188 months. A350-A351. Since the sentence that the district court again determined was the \u201cappropriate sentence\u201d for 30 the defendant \u2013 180 months\u2019 incarceration \u2013 was encompassed by both ranges, the court properly decided not to address the departure. A351. Even before the guidelines became advisory, this Court ruled that it was appropriate for a district court to exercise its discretion in this manner. In United States v. Bermingham, 855 F. 2d 925 (2d Cir. 1988), this Court analyzed whether district courts must resolve guidelines disputes when the imposed sentence falls within two ranges being considered. This Court held that \u201csuch disputes need not be resolved where the same sentence would have been imposed under either of the guideline ranges urged by the parties.\u201d Id. at 926. In fact, this Court stated that the overlapping nature of the guidelines ranges was in fact designed to minimize the need to resolve those types of disputes. Id. at 926, 930-932. In cases where the sentencing judge indicates that the same sentence would have been imposed regardless of the outcome of the dispute, as the district court here so indicated, \u201c[i]t makes little sense to hold, and review the outcomes of, all the hearings necessary to make these precise determinations . . . where the sentence is unaffected by the outcome.\u201d Id. at 932; see also United States v. Shuster, 331 F. 3d 294, 297 (2d Cir. 2003) (ruling that because the sentencing judge gave \u201csufficient guidance\u201d that the sentence would have been the same in any event, this Court had no obligation to decide whether the district court was correct in rejecting the requested upward adjustment). Sentencing courts did not lose this discretion when the guidelines took on the advisory role. For example, in United States v. Jass, 569 F. 3d 47, 68 (2d Cir. 2009), the The defendant goes so far as to assume the sentencing 6 court put a \u201csubstantial\u201d value on the criminal history departure. See Def.\u2019s Brief at 10. 31 sentencing judge had \u201cunequivocally stated that it would impose\u201d the same sentence however a disputed enhancement \u201cultimately works out [on appeal].\u201d This Court held that because the district court stated it would have imposed the same sentence in any event, the misapplication of that enhancement was a \u201charmless sentencing error.\u201d Id. Similarly, since the district court stated unequivocally that it would have imposed a 180 month sentence regardless of whether the defendant was in criminal history category or II, a misapplication of that enhancement would be harmless. As such, the sentencing court was within its discretion to choose not to resolve that particular dispute. The defendant claims that the district court violated the \u201claw of the case\u201d doctrine because it had supposedly previously determined that the upward departure for the volume of child pornography was \u201c\u2018worth\u2019 something less than a 180 month sentence.\u201d Def.\u2019s Brief at 25. This claim relies on an overly formulaic view of the guidelines. According to the defendant, when the district court imposed a sentence of 180 months utilizing the criminal history departure, it must have associated that departure with a set numeric \u201cvalue\u201d of a predetermined number of months. When the district court imposed the same 6 sentence while assuming arguendo the guidelines range without that enhancement, the defendant argues that it must then have given the remaining sentencing factors additional numeric \u201cvalue.\u201d According to the defendant, 32 this new \u201cvaluation\u201d of the other sentencing factors constituted a de novo resentencing, which in turn required a Rule 32 hearing. This Court has not required such rigid sentencing calculations. In United States v. Barresi, 361 F. 3d 666 (2d Cir. 2004), this Court rejected the sort of numerical sentencing requirement urged by the defendant. In an earlier sentencing of that case, the district court had used four factors to justify an eight-level upward departure. This Court later ruled that two of those factors were impermissible. At resentencing, the district court again determined the eight-level departure was appropriate based on the two remaining permissible grounds. The defendant again appealed, arguing that the size of the departure must be smaller because the court relied upon only two of the four grounds used to originally impose the departure. See id. at 672. This Court rejected the defendant\u2019s contention, holding that the same sized departure was justified, even if based on fewer factors than when originally imposed. Id. Similarly, in United States v. Borrego, 388 F. 3d 66 (2d Cir. 2004), this Court rejected the notion that each departure must carry a set sentencing value. In affirming a sentence of 240 months, this Court noted that the district court had considered all the pertinent factors in a complex case and determined that 240 months was the appropriate sentence. \u201cThe court made clear that the duration of the sentence would not be changed either by different findings\u201d on the disputed adjustment and departure issues. See id. at 70. This Court noted that in some cases it is conceivable that a sentencing judge could structure 33 departures by assigning them a set numeric value. For example, it is possible a district judge could determine that a certain departure meant find it appropriate to deduct 60 months.\u201d Id. It is error to assume, however, that kind of \u201coversimplified\u201d argument. Id. This Court explained that a departure may be \u201cconceived in a manner that departs more completely from the structure of the Guidelines\u201d in cases when the factors justifying a departure have a \u201cdominant importance which eclipses the adjustments specified by the Guidelines.\u201d Id. This Court determined that the sentencing judge considered all the pertinent factors and determined the appropriate sentence without assigning each requested departure or adjustment a set number of months. Therefore, the court \u201cis not obliged to waste its time making findings that would have no effect on the sentence or on the appeal.\u201d Id. In this case, the district court considered all of the pertinent \u00a7 3553(a) factors and the various guideline departure requests by both parties in their written submissions and at several lengthy sentencing hearings. The government sought the imposition of a number of upward departures and argued for the imposition of the statutory maximum sentence of 20 years. See Lasaga II, at 1. The district court \u201ccarefully considered the government\u2019s recommended departures and found that each departure was fully warranted by the evidence of the case.\u201d Id. On three different occasions, however, after taking into account \u201cthe totality of the defendant\u2019s personal history and characteristics [and] all the facts and circumstance of this case, the court concluded that the most appropriate sentence\u201d was 180 months\u2019 imprisonment. A350. 34 At the first sentencing, the court decided it was not necessary to apply each departure that was warranted to achieve an appropriate sentence, which demonstrates that the court did not put a set numeric \u201cvalue\u201d on each departure. See Lasaga II, at 1. As in Borrego, 388 F.3d at 70, here the factors justifying the departures, and the totality of all the facts and circumstances of the case, guided the district court in its determination of the appropriate sentence. The court did not utilize a strict mathematical formula in which each departure required an increase of a certain number of months, nor was it required to do so. In short, the district court met the requirements for a Crosby remand by considering the parties\u2019 written submissions and then determining that it would not have imposed a different sentence had the sentencing guidelines been advisory at the time the sentence was imposed. The court specifically found that it had twice previously conducted an extensive analysis under \u00a7 3553(a) and concluded that, in light of the various statutory factors that had to be considered, the appropriate sentence in this case was 180 months\u2019 incarceration. The court exercised its discretion recognized in Bermingham by choosing not to resolve the dispute regarding the defendant\u2019s criminal history category, since it would not have had any impact on the ultimate sentence. As such, the district court did not abuse its discretion in denying the Crosby remand, and the defendant\u2019s sentence should be affirmed. 35 II. This case lacks the unusual circumstances that would require reassignment to a new district judge should it be remanded A. Governing law The defendant further urges this Court, should it decide a further remand is necessary, to reassign the case to a new district judge. This Court has recognized that \u201cin a few instances there may be unusual circumstances where . . . an assignment to a different judge\u201d is necessary. See United States v. Robin, 553 F. 2d 8, 9-10 (2d Cir. 1977). Three considerations listed in Robin, 553 F.2d at 10, are useful in deciding whether to reassign a case on remand: \u201c(1) whether the original judge would reasonably be expected upon remand to have substantial difficulty in putting out of his or her mind previously-expressed views or findings determined to be erroneous [,] . . . (2) whether reassingnment is advisable to preserve the appearance of justice, and (3) whether reassignment would entail waste and duplication out of proportion to any gain in preserving the appearance of fairness.\u201d United States v. DeMott, 513 F. 3d 55, 59 (2d Cir. 2008) (alterations in original). B. Discussion If this Court decides to remand this case again, it should not assign it to a different district judge. The 36 district court has already demonstrated it can put aside its previously-expressed views or findings determined by this Court to be erroneous. In Lasaga I, for example, this Court held that the district court failed to consider the \u201ccomparative harm\u201d to the victim in its departure under U.S.S.G. \u00a7 5K2.3. See id. at 66. At the resentencing, the district court spent considerable time determining the proper scope of this Court\u2019s remand and exactly what this Court had decided was erroneous from its prior rulings. See e.g. A248-A270. It did so to ensure that going forward it would only consider views deemed not erroneous by this Court. Therefore, at the resentencing, the district court did not attempt to recast the issue involving the harm to the victim to fit into some other upward departure. Rather, it departed an additional level based upon the extraordinary volume of child pornography, a finding it had determined was appropriate at the first sentencing, A172-A173, A333, and one upheld by this Court in Lasaga II. See Id. at 3-4. After the Crosby remand, the district court again showed it could put aside previously-expressed views to ensure it only considered factors that this Court determined to be proper. Referencing recent Supreme Court decisions, which addressed the reliability of statements in police reports, this Court noted in Lasaga that the criminal history departure as imposed may be improper and, if imposed again, would warrant further consideration. See Id. at 4. The district court demonstrated that it could put aside it previously- expressed views on this departure and decided that it need not, and would not, impose it again to reach an appropriate sentence. See A350-A351. Based on the district court\u2019s 37 prior efforts to sentence the defendant in accordance with this Court\u2019s rulings, this Court can expect that the district court will put aside any previously-expressed, erroneous views if another remand is required. Reassignment of this case to another district judge would also entail a substantial waste of judicial resources that is far \u201cout of proportion to any gain in preserving the appearance of fairness.\u201d Robin, 553 F.2d at 10. The district court has already invested substantial judicial resources in this case and \u201ccarefully considered\u201d complex requests for departures from both parties. See e.g. Lasaga II, at 1; A334. If this case is reassigned, the new sentencing judge would not have the benefit of having already held multiple lengthy hearings on the relevant issues, of having considered numerous written submissions by the parties and of having heard the defendant\u2019s oral statement made to the court. See A300- A311. Unlike the recent case of United States v. Hernandez, 604 F. 3d 48, 56 (2d Cir. 2010), in which this Court reassigned a case to a new district judge after a fifteen year period between a (non-Crosby) remand and resentencing, the district court has provided \u201cthe necessary assurance that all of the relevant factors have been considered\u201d and done the \u201cwork of updating the record and re-weighing the Section 3553(a) factors.\u201d To require a different judge to start anew would be a substantial waste of judicial resources. Therefore, should this Court decide a remand is necessary, it should not reassign it to a new sentencing judge. The defendant suggests that, because the district court determined on three separate occasions that a sentence of 38 180 months was appropriate, the court would be unable to put its previously-expressed views out of his mind. See Def.\u2019s Brief at 28. This argument incorrectly assumes that the district court made miscalculations in its prior sentencing determinations and chose not to make corrective alterations. Rather, this Court has already found that the district court made \u201cno error\u201d in its calculations at the resentencing. See Lasaga II, at 4. And when this Court remanded this case pursuant to Crosby, it did so for the limited purpose of allowing the district court to determine if it would have given the same sentence if the guidelines had not been mandatory. In fact, this Court explicitly noted that it was \u201cin no way limit[ing] the discretion afforded to the district court by Booker and Crosby.\u201d Id. The district court certainly should not be faulted for exercising that discretion in making the determination that it would have issued the same sentence absent mandatory guidelines. The defendant also argues that the district court \u201cno longer retains the ability to preserve the appearance of impartiality or the appearance of justice\u201d because he thrice sentenced the defendant to serve 180 months\u2019 imprisonment and because of the four year delay between the Crosby remand and the district court\u2019s determination that the defendant\u2019s sentence would not be changed post- Booker. See Def.\u2019s Brief at 28-29. This allegation is also unsupported by the record. The district court has held multiple, lengthy sentencing hearings and considered several written submissions by the defendant. A27, A169. The defendant has had ample opportunity to be heard. Cf., DeMott, 513 F. 3d at 59 (holding that reassignment was appropriate when the sentencing judge failed to \u201celicit the 39 views of the defendant or the prosecutor\u201d). In fact, after the Crosby remand, the court stated that he had previously considered the factors upon which the defendant relied in arguing for a new sentencing hearing. A350. Further, the court has clearly demonstrated its impartiality in rejecting the government\u2019s request at the original sentencing for a statutory maximum sentence of 20 years. Although the district court found that each departure requested by the government was fully warranted, it decided not to impose them all in order to achieve a lesser sentence for the defendant. See Lasaga II, at1. [Finally, since the determination made by the district court upon a Crosby remand is whether it would have imposed a different sentence at the time the previous sentence was imposed, see Carr, 557 F.3d at 98-99; A349, the defendant could not have suffered any prejudice in the delay between his Crosby remand and the district court\u2019s order.] 40 For the foregoing reasons, the judgment and sentence of the district court should be affirmed. Dated: July 29, 2010 Respectfully submitted Assistant United States Attorney (of counsel FED. R. APP. P. 32(A)(7)(C) This is to certify that the foregoing brief complies with the 14,000 word limitation requirement of Fed. R. App. P. 32(a)(7)(B), in that the brief is calculated by the word processing program to contain approximately 9,685 words, exclusive of the Table of Contents, Table of Authorities and Addendum of Statutes and Rules Add. 1 18 U.S.C. \u00a7 3553. Imposition of a sentence (a) Factors to be considered in imposing a sentence. The court shall impose a sentence sufficient, but not greater than necessary, to comply with the purposes set forth in paragraph (2) of this subsection. The court, in determining the particular sentence to be imposed, shall consider -- (1) the nature and circumstances of the offense and the history and characteristics of the defendant; (2) the need for the sentence imposed -- (A) to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense; (B) to afford adequate deterrence to criminal conduct; (C) to protect the public from further crimes of the defendant; and (D) to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner; (3) the kinds of sentences available; (4) the kinds of sentence and the sentencing range established for \u2013 Add. 2 (A) the applicable category of offense committed by the applicable category of defendant as set forth in the guidelines -- (I) issued by the en tenc ing Commission pursuant to section 994(a)(1) of title 28, United States Code, subject to any amendments made to such guidelines by act of Congress (regardless of whether such amendments have yet to be incorporated by the Sentencing Commission into amendments issued under section 994(p) of title 28); and (ii) that, except as provided in section 3742(g), are in effect on the date the defendant is sentenced; or (B) in the case of a violation of probation, or supervised release, the applicable guidelines or policy statements issued by the Sentencing Commission pursuant to section 994(a)(3) of title 28, United States Code, taking into account any amendments made to such guidelines or policy statements by act of Congress (regardless of whether such amendments have yet to be incorporated by the Sentencing Commission into amendments issued under section 994(p) of title 28); Add. 3 (5) any pertinent policy statement\u2013 (A) issued by the Sentencing Commission pursuant to section 994(a)(2) of title 28, United States Code, subject to any amendments made to such policy statement by act of Congress (regardless of whether such amendments have yet to be incorporated by the Sentencing Commission into amendments issued under section 994(p) of title 28); and (B) that, except as provided in section 3742(g), is in effect on the date the defendant is sentenced. (6) the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct; and (7) the need to provide restitution to any victims of the offense. * * (c) Statement of reasons for imposing a sentence. The court, at the time of sentencing, shall state in open court the reasons for its imposition of the particular sentence, and, if the sentence -- (1) is of the kind, and within the range, described in subsection (a)(4) and that range Add. 4 exceeds 24 months, the reason for imposing a sentence at a particular point within the range; or (2) is not of the kind, or is outside the range, described in subsection (a)(4), the specific reason for the imposition of a sentence different from that described, which reasons must also be stated with specificity in the written order of judgment and commitment, except to the extent that the court relies upon statements received in camera in accordance with Federal Rule of Criminal Procedure 32. In the event that the court relies upon statements received in camera in accordance with Federal Rule of Criminal Procedure 32 the court shall state that such statements were so received and that it relied upon the content of such statements. If the court does not order restitution, or orders only partial restitution, the court shall include in the statement the reason therefor. The court shall provide a transcription or other appropriate public record of the court\u2019s statement of reasons, together with the order of judgment and commitment, to the Probation System and to the Sentencing Commission, and, if the sentence includes a term of imprisonment, to the Bureau of Prisons Case Name: United States v. Lasaga Docket Number: 09-4630-cr I, Karen Wrightson, hereby certify that the Appellee's Brief submitted in form as an e-mail attachment to [email protected] in the above referenced case, was scanned using Software Anti-Virus Release 8.3.02 (with updated virus definition file as of 7/29/2010) and found to be FREE. /s/Karen Wrightson Karen Wrightson Record Press, Inc. Dated: July 29, 2010 09-4630-cr v. Lasaga hereby certify that two copies of this Brief for the United States of America were sent by Regular First Class Mail to: Diane Polan, Esq. Law Offices of Diane Polan 129 Church Street, Suite 802 New Haven 06510 also certify that the original and five copies were also shipped via Hand delivery to: Clerk of Court United States Court of Appeals, Second Circuit United States Courthouse 500 Pearl Street, 3 rd floor New York, New York 10007 (212) 857-8576 on this 29th day of July 2010. Notary Public: _________________________ _________________________ Sworn to me this July 29, 2010 Notary Public, State of New York No. 01HO6118731 Qualified in Kings County Commission Expires November 15, 2012 Record Press, Inc. 229 West 36 th Street, 8 th Floor New York, New York 10018 (212) 619-4949"}
7,746	Louis Rubin	University of Illinois ‚Äì Urbana-Champaign	[ "7746_101.pdf", "7746_101.pdf" ]	{"7746_101.pdf": "Rubin v. Ikenberry, 933 F. Supp. 1425 (C.D. Ill. 1996) U.S. District Court for the Central District of Illinois - 933 F. Supp. 1425 (C.D. Ill. 1996) May 29, 1996 933 F. Supp. 1425 (1996) Louis RUBIN, Plaintiff, v. Stanley O. IKENBERRY, Morton Weir, Robert Berdahl, P. David Pearson, Theodore Manolakes, and Brian Braun, Defendants. No. 92-1160. United States District Court, C.D. Illinois, Peoria Division. May 29, 1996. 1426 1427 1428 1429 Charles S. Watson, Feldman & Wasser, Springfield, IL, for plaintiff. Michael R. Cornyn, Thomas, Mamer & Haughey, Champaign, IL, for defendants MIHM, Chief Judge. Before the Court is Defendants' Motion for Summary Judgment [# 19]. For the reasons set forth below, the Motion is GRANTED. Background The facts of this case are voluminous and will be summarized in their most skeletal form. Plaintiff, Louis Rubin (\"Rubin\"), is a tenured professor in the College of Education of the Urbana-Champaign campus of the University of Illinois (\"University\"). (Amended Complaint (\"Complaint\"), \u00b6 3.) Defendants are Stanley O. Ikenberry (President of the University system), Morton Weir (Chancellor of the Urbana-Champaign campus of the University), Robert Berdahl (Vice Chancellor for Academic Affairs of the Urbana- Champaign campus of the University), P. David Pearson (Dean in the College of Education of the University), and Theodore Manolakes (Associate Dean in the College of Education and Acting Department Head of the Department of Instruction and Curriculum of the Urbana-Champaign campus of the University). Id., \u00b6\u00b6 4-8. Defendant Brian Braun, the husband of one of the grievants in the sexual harassment proceeding giving rise to this lawsuit, was dismissed with prejudice on November 24, 1993. (Minute Entry, 11/24/93, granting Motion to Voluntarily Dismiss.) In January 1990, Rubin was teaching \"Methods of Teaching Social Studies in the Elementary Schools,\" Elementary Education 345 (Complaint, \u00b6 20.) The class consisted of 33 students, all of whom were female. Id., Exh. G. On January 29, 1990, two students, Terre Braun and Kathy Anderson, filed sexual harassment grievances against Rubin on account of his sexual commentary, inquiries, and jokes during class. Id., Exh. C. Rubin does not deny making the offending comments; rather, he maintains that when they are evaluated in the proper context, they are pedagogically correct. (Response to Reply, p. 3 copy of Braun's grievance is attached to the Complaint, which alleges that Anderson's 1430 grievance is \"substantially similar.\" (Complaint, \u00b6 39.) Rubin received a copy of the grievances the same day. Id., \u00b6 37, Exh. C; Rubin Dep., p. 51. He also received notice of a January 30, 1990 meeting to which he was invited to bring counsel. (Complaint, \u00b6 42; Rubin Dep., Exh. 1.) He attended without counsel. (Complaint, \u00b6 46.) Present at that meeting were Defendants Pearson and Manolakes and Steven Veasie, University legal counsel at the Champaign-Urbana campus of the University. Id., \u00b6 49. The parties dispute the extent to which Rubin had the opportunity to explain himself at that time. Id., \u00b6\u00b6 50-51; Memo. in Opp., p. 4 (stating that Rubin was given only \"an opportunity to give brief [] reasons for having made the statements\" that he made); contra Manolakes Dep., pp. 132- 34; Ken Anderson Dep., p. 57; Veasie Dep., pp. 78-80. Rubin was relieved from teaching Elementary Education 345 with two of four weeks of the course remaining. (Complaint, \u00b6 57.) On January 31, 1990, Rubin thanked Berdahl and other university officers by letter for allowing him to explain his teaching approach and to express his regret over the problem he had caused. (Rubin Dep., Exh. 3.) He also wrote that the assignment of a different professor to the remainder of the course was most appropriate. Id. On February 27, 1990, Manolakes communicated in writing to each grievant his conclusion that she had been sexually harassed and that her grievance was granted in accordance with the terms of his letter. (Rubin Dep., Exhs. 4, 5 February 27, 1990 letter from Pearson to Rubin gives no indication that there had been a ruling on the grievances, nor does the attached February 26, 1990 letter from Manolakes to Pearson. (Rubin Dep., Exh. 6.) In a March 7, 1990 letter to Pearson, Rubin wrote that he had \"learned today that the students' grievance was granted on February 27, or thereabouts.\" (Rubin Dep., Exh. 7.) On March 8, 1990, Rubin requested from Manolakes, among other items, a copy of the letter granting the grievances. (Rubin Dep., Exh. 8.) On March 27, 1990, Rubin wrote Manolakes that \"in my March 8 correspondence requested copies of your letter to the student complainants acknowledging sexual harassment.\" (Def. Exh. 6, filed 11/3/92.) Rubin now alleges that \"he did not know that [Manolakes' letters] included a finding that the grievants had been sexually harassed.\" (Complaint, \u00b6 81.) On March 12, 1990, Rubin signed a letter written by Manolakes incorporating some of the findings and recommendations of the University's team which had investigated the situation. (Complaint, Exh. I.) This letter does not mention the status of the grievances and specifically makes no reference to Manolakes' letters to the grievants. On March 30, 1990, Rubin's counsel wrote Manolakes that Rubin's \"previous letters to you are to be taken as an appeal of [your] finding of sexual harassment.\" (Rubin Dep., Exh. 11.) The University Handbook of Policies and Regulations contains a section entitled \"University of Illinois Statement on Sexual Harassment\" which defines sexual harassment as: [A]ny unwanted sexual gesture, physical contact, or statement that a reasonable person would find offensive, humiliating, or any interference with his or her required tasks or career opportunities at the University. (Complaint, Exh. A.) This section also states that sexual harassment is not tolerated, sanctions will be imposed on a case-by-case basis, and the University will respond to every report of sexual harassment. Id. According to the Complaint, the University of Illinois Statutes concerning academic freedom state that: a. It is the policy of the University to maintain and encourage full freedom, within the law, of inquiry, discourse, teaching, research, and publication and to protect any member of the academic staff against influences, from within or without the University, which would restrict him in the exercise of these freedoms in his area of scholarly interest. (Emphasis added.) Id., \u00b6 11. According to the Complaint, the Academic Staff Handbook, in the section entitled \"Academic Freedom and Faculty Responsibility,\" states that: 1431 Academic freedom is essential to the functioning of a university. It applies to its teaching, research and public service and involves both the faculty and students. * * * * * Faculty are expected to teach their assigned courses in a manner consistent with the scheduled time, course content, and course credit as approved by the faculty. Within these constraints, they are entitled to freedom in the classroom in developing and discussing according to their areas of competence the subjects that they are assigned. (Emphasis added.) Id., \u00b6 12. Discussion Summary judgment is proper if \"the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.\" Fed.R.Civ.P. 56(c). \"The moving party is entitled to a judgment as a matter of law [when] the nonmoving party has failed to make a sufficient showing on an essential element of [his] case with respect to which [he] has the burden of proof.\" Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S. Ct. 2548, 2552, 91 L. Ed. 2d 265 (1986). As to the factual aspect, a defendant's motion for summary judgment must demonstrate, based on the record, an absence of evidence to support the plaintiff's case. Id. \"[A] party opposing a properly supported motion for summary judgment may not rest upon mere allegation or denials of his pleading, but must set forth specific facts showing that there is a genuine issue for trial.\" Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256, 106 S. Ct. 2505, 2514, 91 L. Ed. 2d 202 (1986); Fed.R.Civ.P. 56(e). The Court draws all justifiable inferences in favor of the non-movant. Anderson, 477 U.S. at 253-55, 106 S. Ct. at 2513. As a preliminary matter, two counts of the Complaint are no longer viable. Count is a federal claim alleging a First Amendment free speech violation. On August 6, 1993, the Court granted summary judgment as to Count IX, which was stricken with prejudice. (Order, 8/6/93, p. 1.) Count is an intentional infliction of emotional distress claim against Defendant Braun. On November 24, 1993, Braun was dismissed with prejudice. (Minute Entry, 11/24/93, granting Motion to Voluntarily Dismiss.) Rubin alleges jurisdiction based on 28 U.S.C. \u00a7\u00a7 1331, 1343 \"as the action is predicated on 42 U.S.C. \u00a7 1983 and \u00a7 1988\" and on pendant jurisdiction for the state claims. (Complaint, \u00b6 1.) The Court finds jurisdiction pursuant to 28 U.S.C. \u00a7\u00a7 1331, 1367(a). I. Counts of the Complaint A. Substantive Due Process Counts Nine counts of the Complaint allege violations of substantive due process. Each alleges a violation of substantive due process with respect to a liberty interest in some other alleged right. Three of the nine, Counts IV, V, and VI, are federal claims. Count alleges a violation of substantive due process of Rubin's liberty interest in First Amendment free speech. Count replaces free speech with academic freedom. Count alleges a liberty interest in academic freedom created by state law. The remaining six substantive due process claims are state claims. Counts XIII, XIV, and allege liberty interests in free speech, academic freedom, and academic freedom created by state law. They request declaratory and injunctive relief. Counts XXI, XXII, and make corresponding claims to XIII, XIV, and XV, but they request damages. B. Procedural Due Process Counts Nine counts of the Complaint allege violations of procedural due process. Each alleges a violation of procedural due process with respect to a liberty interest in some other alleged right. Three of the nine, Counts I, II, and III, are federal claims. Count alleges a violation of procedural due process of Rubin's liberty interest in First Amendment free 1432 speech. Count replaces free speech with academic freedom. Count alleges a liberty interest in academic freedom created by state law. The remaining six procedural due process counts are state claims. Counts X, XI, and allege liberty interests in free speech, academic freedom, and academic freedom created by state law. They seek declaratory and injunctive relief. Counts XVIII, XIX, and make corresponding allegations but seek damages. C. Non Due Process Counts The six remaining counts do not allege any violation of due process. Two are federal claims. Count alleges a violation of Rubin's First Amendment rights, and Count adds academic freedom to Count VII. Four are state claims. Counts and allege a violation of Rubin's right to free speech, and Counts and allege a violation of Rubin's right to academic freedom. The lower-numbered count in each pair is a claim for declaratory and injunctive relief; the higher-numbered count is a claim for damages. II. Substantive Due Process Counts A. Federal Claims for Substantive Due Process Violations Only laws affecting fundamental rights come within the scope of substantive due process. National Paint & Coatings Ass'n v. City of Chicago, 45 F.3d 1124, 1129 (7th Cir.), cert. denied, ___ U.S. ___, 115 S. Ct. 2579, 132 L. Ed. 2d 829 (1995). Fundamental rights are \"among those fundamental principles of liberty and justice which lie at the base of all our civil and political institutions.\" (Internal quotation marks omitted.) Kraushaar v. Flanigan, 45 F.3d 1040, 1047 (7th Cir. 1995). They are enumerated in the Constitution or are \"so fundamental in our society that a state may not unjustly take them away.\" Taahira W. by McCord-Salley v. Travis, 908 F. Supp. 533, 537 (N.D.Ill. 1995); accord Kraushaar, 45 F.3d at 1047. Substantive due process insulates these fundamental rights from unjustified governmental intrusions. Reno v. Flores, 507 U.S. 292, 301-03, 113 S. Ct. 1439, 1447, 123 L. Ed. 2d 1 (1993); Kraushaar, 45 F.3d at 1047; Gosnell v. City of Troy, Ill., 59 F.3d 654, 657 (7th Cir.1995). The government may not \"infringe certain `fundamental' liberty interests at all, no matter what process is provided, unless the infringement is narrowly tailored to serve a compelling state interest.\" (Emphasis in original.) Reno, 507 U.S. at 302, 113 S. Ct. at 1447. Therefore, substantive due process analysis begins with a careful description of the asserted right and an inquiry as to whether it is fundamental. Id. The Supreme Court recently held that: Where a particular amendment [to the Constitution] provides an explicit textual source of constitutional protection against a particular sort of government behavior, that Amendment, not the more generalized notion of \"substantive due process,\" must be the guide for analyzing these claims. (Internal quotation marks omitted.) Albright v. Oliver, 510 U.S. 266, 273, 114 S. Ct. 807, 813, 127 L. Ed. 2d 114 (1994) (plurality opinion). In other words, if a constitutional amendment exists to restrict the ability of the government to intrude upon personal liberties in an unjustified way, then that constitutional amendment provides the appropriate analytical framework for a complaint. Id.; National Paint, 45 F.3d at 1129. Substantive due process alone can offer a claimant no relief. Albright, 510 U.S. at 275-77, 114 S. Ct. at 814. Substantive due process is an inappropriate substitute for constitutional analysis where the Constitution directly addresses a subject. Johnson v. Phelan, 69 F.3d 144, 146 (7th Cir.1995). 1433 In Albright, the petitioner argued that the respondent had \"deprived him of substantive due process under the Fourteenth Amendment his `liberty interest' to be free from criminal prosecution except upon probable cause.\" Albright, 510 U.S. at 269, 114 S. Ct. at 810-11. The Supreme Court held that the petitioner's claim must be brought under the Fourth Amendment and not as a violation of substantive due process. Id., at 273-75, 114 S. Ct. at 813. In the present case, Rubin argues that Defendants deprived him of substantive due process by violating his liberty interest in his First Amendment rights to free speech. (Complaint, Count IV.) The First Amendment confers fundamental rights. McIntyre v. Ohio Elections Com'n, ___ U.S. ___, ___ n. 1, 115 S. Ct. 1511, 1514 n. 1, 131 L. Ed. 2d 426 (1995); Marshall v. Allen, 984 F.2d 787, 798 (7th Cir.1993). Rubin's substantive due process violation allegation functions as a repeat claim of a First Amendment violation. The petitioner in Albright could not argue under the rubric of substantive due process instead of the applicable constitutional amendment. Rubin may not present a First Amendment argument as a substantive due process violation. Accordingly, Defendants' Motion for Summary Judgment is as to Count IV. Count alleges a liberty interest in First Amendment academic freedom. Academic freedom falls within the parameters of the First Amendment and is a special concern of the First Amendment. University of Pa. v. E.E.O.C., 493 U.S. 182, 194-99, 110 S. Ct. 577, 585- 87, 107 L. Ed. 2d 571 (1990); Regents of Univ. of Mich. v. Ewing, 474 U.S. 214, 226-27, 106 S. Ct. 507, 514, 88 L. Ed. 2d 523 (1985); Regents of Univ. of Cal. v. Bakke, 438 U.S. 265, 98 S. Ct. 2733, 2759-60, (1978). Academic freedom does not tolerate that which \"casts a pall of orthodoxy over the classroom\" which is the \"`marketplace of ideas.'\" Keyishian v. Board of Regents, 385 U.S. 589, 603, 87 S. Ct. 675, 683, 17 L. Ed. 2d 629 (1967). Academic freedom is not an independent First Amendment right. Bishop v. Aronov, 926 F.2d 1066, 1075 (11th Cir.1991), cert. denied, sub nom Bishop v. Delchamps, 505 U.S. 1218, 112 S. Ct. 3026, 120 L. Ed. 2d 897 (1992). The term academic freedom is equivocal. Piarowski v. Illinois Community College Dist. 515, 759 F.2d 625, 629 (7th Cir.), cert. [1] denied, 474 U.S. 1007, 106 S. Ct. 528, 88 L. Ed. 2d 460 (1985). As a type of speech, academic freedom receives some protection from governmental abridgment by the First Amendment. Id. Deference to this right is appropriate. Knight v. State of Ala., 14 F.3d 1534, 1552 (11th Cir.1994). Academic freedom refers to the freedom of university professors and the university administrators to function autonomously, without interference from the government. Piarowski, 759 F.2d at 629; Osteen v. Henley, 13 F.3d 221, 225-26 (7th Cir.1993); Ross v. Creighton Univ., 957 F.2d 410, 414-15 (7th Cir.1992). It also refers to the freedom of individual teachers to not suffer interference by the administrators of the university. Piarowski, 759 F.2d at 629; Keen v. Penson, 970 F.2d 252, 257 (7th Cir. 1992). These two freedoms can come into conflict. Piarowski, 759 F.2d at 629; Keen, 970 F.2d at 257. The academic institution enjoys a position of supremacy in addressing curriculum content. Keen, 970 F.2d at 257. Academic freedom does not license uncontrolled expression which is detrimental to the institution's proper functioning. Id. If Count is a restated First Amendment claim, it fails as a matter of law under Albright, as Count did. If Count is an academic freedom claim, it fails because academic freedom, while an extremely important right, is not a \"fundamental right\" as is required for a right to receive substantive due process protection. National Paint, 45 F.3d at 1129. Academic freedom is a \"special 1434 concern\" of the First Amendment. See Reno, 507 U.S. at 301-03, 113 S. Ct. at 1447; National Paint, 45 F.3d at 1129. By contrast, substantive due process protection is reserved for \"matters relating to marriage, family, procreation, and the right to bodily integrity.\" Albright, 510 U.S. at 272, 114 S. Ct. at 812. Thus, Defendants' Motion for Summary Judgment is as to Count V. Count alleges a liberty interest in academic freedom as created by state law, specifically the Illinois Constitution. (Response to Reply, p. 3.) Substantive due process protects fundamental rights enumerated in the Constitution and other unenumerated \"significant interests\" that usually relate \"to marriage, family, procreation, and the right to bodily integrity.\" Kraushaar, 45 F.3d at 1047; Albright, 510 U.S. at 272, 114 S. Ct. at 812 liberty interest in a state-created right to academic freedom is neither an enumerated fundamental right nor anything like the other unenumerated significant interests which would indicate that it deserves substantive due process protection. See Kraushaar, 45 F.3d at 1047. Thus, academic freedom as created by state law is not protected under the substantive due process rubric. Furthermore, \"the Supreme Court has never held that such state-created interests constitute a fundamental liberty interest protected under a substantive due process theory. Rather, the Court has analyzed state-created liberties under a procedural due process theory.\" Id. (emphasis in original); accord Robinson v. Howell, 902 F. Supp. 836, 843 (S.D.Ind.1995). State law is not a proper starting point from which to determine whether conduct is reasonable under the federal Constitution. Kraushaar, 45 F.3d at 1047. Accordingly, as a matter of law, this claim fails, and Defendants' Motion for Summary Judgment is as to Count VI. B. State Claims for Substantive Due Process Violations Rubin argues that he has stated substantive due process claims because his claims include allegations of other substantive constitutional rights (citing Kauth v. Hartford Ins. Co. of Ill., 852 F.2d 951, 958 (7th Cir. 1988) (dealing with a property interest)) and because Defendants deprived him of his liberty interests in an arbitrary and capricious manner. (Complaint, \u00b6\u00b6 184, 189, 194.) Rubin then states that, \"Much of what the grievants complained of could be considered sexual harassment under any stretch of the imagination,\" which seems counterintuitive. (Emphasis in original.) (Memo. in Opp., p. 6.) Defendants contend that Manolakes' decision was not arbitrary and capricious and is supported by the record: Rubin's uncontested statements, the investigation team's report, Manolakes' own education, his 30 years of experience teaching (including teaching Elementary Education 345), and his knowledge of the student grievants. (Memo. in Supp., pp. 7-9.) Defendants further argue that this Court's review of that decision should be deferential. Id. Rubin does not argue a denial of an interest protected absolutely by substantive due process. Dennis E. v. O'Malley, 256 Ill. App.3d 334, 628 N.E.2d 362, 373-74, 194 Ill.Dec. 865, 876-77 (1993). The focus is not on a state statute. Brown v. Dep't of Pub. Aid, 274 Ill.App.3d 410, 654 N.E.2d 582, 589, 211 Ill.Dec. 120, 127 (1995), result abrogated by Jacobson v. Dep't of Pub. Aid, 171 Ill. 2d 314, 664 N.E.2d 1024, 216 Ill.Dec. 96 (1996), (stating that where a fundamental right is at stake, \"there must be a compelling State interest to justify significant interference by a statute [which] must be narrowly drawn\" and that strict scrutiny applies); Messenger v. Edgar, 157 Ill. 2d 162, 623 N.E.2d 310, 316, 191 Ill.Dec. 65, 71 (1993) (stating that, absent a fundamental right, the rational basis test applies). Instead, the parties agree that the issue is whether Manolakes' decision was arbitrary and capricious. (Memo. in Supp., pp. 7-10; Response, p. 6.) Defendants argued, and Rubin did not disagree, that this issue is distinct from an inquiry as to whether the Court approves of Manolakes' decision. (Memo. in Supp., pp. 8-9.) Under Illinois substantive due process case law, a defendant's action is arbitrary 1435 and capricious when \"a rational relationship between the punitive action taken and legitimate disciplinary objectives behind the sanction\" is lacking. Myre ex rel. Myre v. Board of Educ., 108 Ill.App.3d 440, 439 N.E.2d 74, 83, 64 Ill.Dec. 145, 154 (1982) (Alloy, J., dissenting); see also Korf v. Ball State Univ., 726 F.2d 1222, 1228-29 (7th Cir.1984) (stating, in the context of a federal substantive due process claim, that a professor's termination was not arbitrary where the reasons for it were adequate). Phrased differently, the inquiry is whether the defendant's actions result in punishment having no reasonable relationship to the objectives sought. Hamer v. Board of Educ., 66 Ill. App.3d 7, 383 N.E.2d 231, 234, 22 Ill.Dec. 755, 758 (1978) (stating this inquiry in the context of a property right). There is a dearth of Illinois law interpreting substantive due process claims based on arbitrary and capricious decision making. One decision states that this claim was made in the original complaint, but there is no mention of it in the court's discussion of the third amended complaint. Head v. Lutheran General Hosp., 163 Ill.App.3d 682, 516 N.E.2d 921, 925, 114 Ill.Dec. 766, 770 (1987). In another, the plaintiff argued that a defendant's actions were arbitrary and capricious because he had no authority to investigate and sanction the plaintiff, but the analysis of this allegation was not published. Zielinski v. Schmalbeck, 269 Ill.App.3d 572, 646 N.E.2d 655, 657, 207 Ill.Dec. 89, 91 (1995). This Court's task is to identify the disciplinary objectives behind Manolakes' decision, determine their legitimacy, and assess whether they are rationally related to his finding. Myre, 439 N.E.2d at 83, 64 Ill.Dec. at 154; cf. In re C.E., 161 Ill. 2d 200, 641 N.E.2d 345, 353, 204 Ill.Dec. 121, 129 (1994), cert. denied, sub nom C.E. v. Illinois Dep't of Mental Health and Developmental Disabilities, ___ U.S. ___, 115 S. Ct. 1956, 131 L. Ed. 2d 848 (1995) (stating the need to balance an individual's liberty with the demands of an organized society). Providing an academic environment conducive to learning is a legitimate objective. Controlling potentially offensive and inappropriate sexually-related comments by a professor to a class is also a legitimate objective. Social Studies Methods is a mandatory, preparatory class for teaching elementary-age children. The grievants alleged, and other students in the class confirmed, that Rubin asked his students whether they were engaged or married, would prefer a husband who was successful or a great lover, believe in abortion, would prefer the body or mind of a 30-year- old, would teach about love-making, believe in dispensing birth control devices in the schools, and would cook breakfast in the nude on request from their husbands. (Complaint, Exhs. C, D.) The investigative team did not ask the other students in the class about all of the comments mentioned in the grievances. Id. It is this Court's obligation to decide the issue as the Illinois Supreme Court would, were it presented with the case. Todd v. Societe Bic, 21 F.3d 1402, 1405 (7th Cir.), cert. denied, ___ U.S. ___, 115 S. Ct. 359, 130 L. Ed. 2d 312 (1994). The Court finds that there is a rational relationship between a finding of sexual harassment and the University's objective of providing students with a healthy learning environment. This is not a separate and independent finding by this Court that Rubin's comments and conduct constitute sexual harassment. Rather, it is a ruling that Manolakes' findings bear a reasonable relationship to the University's disciplinary objective of maintaining a desirable classroom atmosphere. Accordingly, Defendants' Motion for Summary Judgment is as to Counts XIII, XIV, XV, XXI, XXII, and XXIII. III. Procedural Due Process Claims A. Federal Procedural Due Process Claims When government action deprives a person of life, liberty, or property, the deprivation must be implemented in a fair manner. 1436 United States v. Salerno, 481 U.S. 739, 746- 47, 107 S. Ct. 2095, 2101, 95 L. Ed. 2d 697 (1987). Courts rely on a two-step test to guide their determinations whether a procedural due process violation has occurred. Kentucky Dept. of Corrections v. Thompson, 490 U.S. 454, 459-61, 109 S. Ct. 1904, 1908, 104 L. Ed. 2d 506 (1989); Kraushaar, 45 F.3d at 1048-49. The first question is whether there is a liberty interest to trigger a constitutional violation when a plaintiff is deprived of that interest absent adherence to fair procedures. Thompson, 490 U.S. at 459-61, 109 S. Ct. at 1908; Kraushaar, 45 F.3d at 1048. Absent a liberty interest there can be no procedural due process violation. Thompson, 490 U.S. at 459-61, 109 S. Ct. at 1908; Wroblewski v. City of Washburn, 965 F.2d 452, 457 (7th Cir.1992). Liberty interests arise under the due process clause of the Fourteenth Amendment or under state law, by a statute or a binding administrative regulation. Thompson, 490 U.S. at 459- 61, 109 S. Ct. at 1908; Rowe v. DeBruyn, 17 F.3d 1047, 1051 (7th Cir.), cert. denied, ___ U.S. ___, 115 S. Ct. 508, 130 L. Ed. 2d 416 (1994). Liberty interests are based on [2] substantive rather than procedural rights. Olim v. Wakinekona, 461 U.S. 238, 249-51, 103 S. Ct. 1741, 1748, 75 L. Ed. 2d 813 (1983); Smith v. Shettle, 946 F.2d 1250, 1254 (7th Cir.1991). If the first question yields a positive response, the second question is whether there was proper process fair procedures such as notice and the opportunity to be heard. Kraushaar, 45 F.3d at 1049; see Wolff v. McDonnell, 418 U.S. 539, 588, 94 S. Ct. 2963, 2990, 41 L. Ed. 2d 935 (1974); Hudson v. Chicago Teachers Union Local No. 1, 743 F.2d 1187, 1192-93 (7th Cir.1984), aff'd, 475 U.S. 292, 106 S. Ct. 1066, 89 L. Ed. 2d 232 (1986). The procedural protections required by the due process clause are derived from balancing the following factors: First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government's interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail. Mathews v. Eldridge, 424 U.S. 319, 335, 96 S. Ct. 893, 903, 47 L. Ed. 2d 18 (1976); Kraushaar, 45 F.3d at 1049. The hearing must be meaningful and appropriate to the nature of the case. Bell v. Burson, 402 U.S. 535, 541-43, 91 S. Ct. 1586, 1591, 29 L. Ed. 2d 90 (1971). 1. Is there a liberty interest? The first inquiry is whether any of Rubin's alleged liberty interests triggers constitutional protection. The \"range of interests protected by procedural due process is not infinite.\" Board of Regents of State Colleges v. Roth, 408 U.S. 564, 570, 92 S. Ct. 2701, 2705, 33 L. Ed. 2d 548 (1972). The inquiry is satisfied not by looking to the weight but by looking to the nature of the interest alleged. (Emphasis omitted.) Id., at 569-72, 92 S. Ct. at 2705-06. Liberty is more than freedom from bodily restraint; liberty denotes the right \"to enjoy those privileges long recognized as essential to the orderly pursuit of happiness by free men.\" (Internal quotation marks omitted.) Id., at 572, 92 S. Ct. at 2706-07 liberty interest does exist in some aspects of free speech. Id., at 574-76, 575, n. 14, 92 S. Ct. at 2708, 2708 n. 14 (stating that \"[w]hen a State would directly or indirectly impinge upon interests in free speech or free press, the [Supreme] Court has on occasion held that opportunity for a fair adversary hearing must precede the action, whether or not the speech or press interest is clearly protected under substantive First Amendment standards\"); Lawshe, 16 F.3d at 1479, quoting Gitlow v. New York, 268 U.S. 652, 666, 45 S. Ct. 625, 630, 69 L. Ed. 1138 (1925) (assuming that \"freedom of speech ... [is] among the fundamental personal rights and liberties protected by the due process clause of the Fourteenth Amendment from impairment by the States\"). 1437 On March 25, 1993, this Court granted a Motion to Dismiss Rubin's liberty claims for failure to state a claim and allowed Rubin to file the Amended Complaint currently before it. (Order, 3/25/93, pp. 12, 14.) Rubin now alleges procedural due process violations of his liberty interests in First Amendment free speech, First Amendment academic freedom, and academic freedom as created by state law. Speech in a classroom context and academic freedom are aspects of free speech in which a liberty interest can exist. These liberty interests require a fair adversary hearing. 2. Was there proper process? The next inquiry is whether Rubin received proper process determination whether a defendant complied with federal procedural due process rests on the process due under the federal Constitution because \"[f]ederal judges do not enforce state-created procedures in the name of the Constitution.\" (Internal quotation marks omitted.) Kraushaar, 45 F.3d at 1049; accord White v. Olig, 56 F.3d 817, 821 (7th Cir.1995). Rubin does not contest the validity of the procedures established to handle incidents of sexual harassment but argues that Defendants did not follow them with respect to the grievances filed against him. He argues that he was entitled to process as set forth in Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 105 S. Ct. 1487, 84 L. Ed. 2d 494 (1985). Defendants argue that Rubin is not entitled to the process due under Loudermill but that, if he were entitled to such process, he received it. Compare Hill v. Trustees of Ind. Univ., 537 F.2d 248, 250-52 (7th Cir. 1976) (stating that a student received all the process he was due under the university's procedures, even though the university failed to comply in full with its own procedures) and Flath v. Garrison Pub. Sch. Dist. No. 51, 82 F.3d 244, 246 (8th Cir.1996). [3] [4] The Court in Loudermill specified that its inquiry was what procedures must be followed before termination of a tenured employee and that the hearing required depends on \"the importance of the interests involved and the nature of the subsequent proceedings.\" (Internal quotation marks omitted.) Loudermill, 470 U.S. at 545, 105 S. Ct. at 1495. As Rubin was not terminated, whatever process, whatever hearing, is due to him would arguably be less than that afforded under Loudermill. Under Loudermill, before termination, Rubin would be entitled to \"oral or written notice of the charges against him, an explanation of the employer's evidence, and an 1438 opportunity to present his side of the story.\" Id. He did receive a copy of a grievance. (Rubin Dep., p. 51.) The grievances and his concession that he had the opportunity to \"give brief reasons for having made the statements\" indicate that he was informed as to Defendants' evidence regarding what was said in the classroom. (Memo. in Opp., p. 4.) Defendants cite to three depositions to support their contention that Rubin \"was given an opportunity to explain why he made the statements and he did explain his teaching method.\" (Memo. in Support, p. 3, citing Manolakes Dep., pp. 132-34, 139-41; Ken Anderson Dep., p. 57; Veasie Dep., pp. 78-80.) The Court finds that Rubin received more than adequate predeprivation process before Manolakes' decision. As to postdeprivation process due, Defendants argue that Rubin agreed to his removal from the class in a letter to Vice Chancellor Berdahl and signed the March 12, 1990 agreement which encompasses all impact on Rubin. (Memo. in Support, p. 7.) Defendants further argue that Rubin was not terminated, suspended, fined, or docked pay. Id. Rubin counters that he was not given the opportunity to argue why academic freedom and free speech should be considered, state why the context of his statements must be preserved, or test the motives of the grievants. (Memo. in Opp., p. 4.) He maintains that his agreeing to his reassignment is meaningless because he had no option, like \"an arrestee saying `Yes, officer' even if the arrest is wrongful for to do otherwise is [sic] invite trouble!\" Id. Rubin stated that he thought the incident would be concluded before the end of the semester, even in one day. (Id., at 4; Rubin Dep., pp. 60-61.) There were between 11 and 14 classes, or about 2.5 weeks of class, left in the semester. (Rubin Dep., p. 62.) As stated above, Rubin's \"opportunity to give brief reasons\" for his statements provided a sufficient opportunity for Defendants to remove him from teaching Social Studies Methods. (Memo. in Opp., p. 4.) Further, in the context of a sexual harassment case, a hearing has been found to satisfy due process, although it was not all encompassing. Green v. Board of School Comm'rs, 716 F.2d 1191, 1193 (7th Cir.1983) (involving a school bus driver). Rubin counters that when he signed the March 12, 1990 agreement, he did not know that Manolakes had notified the students that he had sexually harassed them. (Memo. in Opp., p. 4.) Rubin argues that he \"wrote the letter asking for official word on the grievance results.\" Id., p. 5. He also argues that the \"rumor mill\" indicated that Manolakes had made a finding of guilty and that \"[t]his is far different from knowing of the guilty finding.\" Id.; see Rubin Dep., p. 83. Rubin's letters of March 7, 1990 and March 8, 1990 state, respectively, that he had learned that day that \"the students' grievance was granted\" and that would like to have copies of the letter granting the student grievance complaint.\" (Rubin Dep. Exhs. 7, 8.) On March 27, 1990, he again requested a copy of the letter. (Affidavit of Manolakes, filed 11/3/92, Exh. 6 March 30, 1990 letter from Rubin's counsel to Manolakes directs that Rubin's \"previous letters to you are to be taken as an appeal of that finding.\" (Rubin Dep., Exh. 11.) The Court finds that Rubin's letters may be taken as proof of his understanding that the grievances had been granted before March 12, 1990. On March 12, 1990, he knew that the students' grievances had been granted and that they had received a letter to this effect, but he possessed no copy of the letter. The Court is not moved by Rubin's contention that he knew of rumors on or about February 27, 1990 that he had been found guilty of sexual harassment but did not actually know of a guilty finding. Rubin has submitted nothing other than his argument to show that this is a disputed issue of material fact, and he may not rely on mere allegation in opposing a motion for summary judgment. The only facts in the record directly contradict his argument. Rubin's knowledge of the guilty finding when he signed the March 12, 1990 agreement satisfies any concerns about the postdeprivation process plaintiff cannot sign a document setting forth the elements needed to close an administrative process, such as 1439 Rubin did by signing the March 12, 1990 agreement, and then complain that he did not receive proper process. His lawyer may not direct that his client's communications with a university official are \"to be taken as an appeal\" of that official's decision and then deny knowledge of that decision. The Mathews factors also balance to favor Defendants. See Mathews, 424 U.S. at 334-36, 96 S. Ct. at 903. Although Rubin's private interest in not being found guilty of sexual harassment is a valid interest, there was little risk that Manolakes' decision was not valid in that Rubin signed the March 12, 1990 agreement knowing of the decision. Defendants' need to secure an atmosphere free of sexual harassment for their students, and the absence of a benefit to be derived from further hearings after Rubin's signing of the March 12, 1990 document further direct a finding that sufficient due process was accorded to Rubin under the circumstances of this case. Accordingly, since Rubin received all the process due to him under federal law, Defendants' Motion for Summary Judgment is as to Counts I, II, and III. B. State Procedural Due Process Claims It appears that the premise behind Rubin's state claims for violations of procedural due process is that the state may not deprive him of his liberty interests in state-created rights without affording him due process. The liberty interests alleged are in free speech, academic freedom, and academic freedom created by state law. Neither party argues that the Court's analysis as to the viability of these liberty interests should differ from analysis as to the federal claims. To the contrary, Rubin adopted the arguments as to the federal counts for the state counts. (Memo. in Opp., p. 9.) Defendants argue that under Illinois law the liberty interests are not valid and that absent termination or suspension there is no right to a due process hearing. (Memo. in Supp., p. 12.) Defendants also argue that constitutional and due process law in Illinois has not developed distinct from federal law. (Id., pp. 10-11.) Further, this Court has found no authority to lead it to a different conclusion and finds a valid liberty interest in free speech and academic freedom as they are created by state law. As to the process required under state law, Defendants argue that Illinois law neither offers nor demands greater procedural protection for Rubin's alleged rights than exist federal law. (Memo. in Supp., p. 12.) Rubin makes no distinction between addressing his federal versus his state arguments. (Memo. in Opp., pp. 1-9.) The Court finds that no additional process is required from the federal requirements and, as set forth above, that the federal requirements were met. Accordingly, Defendants' Motion for Summary Judgment is as to Counts X, XI, XII, XVIII, XIX, and XX. IV. Non Due Process Counts The remaining six counts, two federal and four state, with two of the state counts seeking declaratory and injunctive relief and the other two seeking damages, allege violations of Rubin's First Amendment and academic freedom rights. As stated above, academic [5] freedom is a \"special concern\" of the First Amendment and not an independent fundamental right. University of Penn., 493 U.S. at 194-99, 110 S.Ct. at 585-87; Bishop, 926 F.2d at 1075. Further, the Court has found the protections available for potential violations of this right to be the same under federal and state law. As such, the Court's analysis of these six counts is consolidated. During the telephonic status conference on March 21, 1996, the parties clarified their positions on these claims. At that time, both parties stated that the issue before the Court is whether Manolakes' decision that the grievances were valid was itself constitutionally valid. (Tr. of March 21, 1996, pp. 5-6.) During the telephonic status conference, Defendants argued that the decision was constitutionally 1440 invalid only if it were arbitrary and capricious and that it was not arbitrary and capricious. Id., at 6; Reply Memo., p. 1. In their Reply Memorandum, Defendants argue that the balancing test in Bishop, 926 F.2d at 1074-75, applies and provide an analysis of the factors outlined in that decision. (Reply Memo., pp. 2-5.) Rubin agreed during the telephonic status conference that the arbitrary and capricious standard is to be applied, but he asserted that the facts were such that the Court must conclude that the decision was arbitrary and capricious. (Tr. of March 21, 1996, p. 7.) In his Response to Reply Memorandum, however, Rubin argues that resolution of these issues goes beyond Manolakes' having made an arbitrary, capricious, and unsupported decision. (Response to Reply, p. 1.) Without explaining why, Rubin argues that the threepart Mt. Healthy test is dispositive of this case. Id., at 3, citing Mt. Healthy City School Dist. Bd. of Educ. v. Doyle, 429 U.S. 274, 286-87, 97 S. Ct. 568, 576, 50 L. Ed. 2d 471 (1977). Rubin also mentions a litany of arguments: his classroom speech rights are at issue, his speech must not be chilled, the University retaliated against him, and the University officially encourages free classroom speech but stifles it to achieve political correctness. (Response to Reply, pp. 2, 5, 9, 10.) Analysis of these claims does not fit squarely within the framework proposed by either side. Case law reflecting the factual situation of this case is sparse. As set forth above, academic freedom is not an independent First Amendment right, but, as a type of speech and a special concern of the First Amendment, it is protected. University of Pa., 493 U.S. at 194-99, 110 S.Ct. at 585-87; Bishop, 926 F.2d at 1075; Piarowski, 759 F.2d at 629. The University of Illinois Statutes and the University's Academic Staff Handbook both entitle Rubin to academic freedom. (Complaint, \u00b6\u00b6 11, 12.) They do so, however, \"within the law\" and within the constraints of teaching in a manner consistent with faculty approval. Id. As such, they do not provide a faculty member with unbridled academic freedom. The grievances set forth the comments which Rubin made during class and, in Braun's grievance, comments made to her outside of class that, in the grievants' opinion, constituted sexual harassment. (Complaint, Exh. C.) In the Report on Interviews Conducted with Students, the University interviewers asked 5 students (the only 5 of the 33 students in the all-female class who agreed to speak with them) about selected comments mentioned in the grievances. Id., Exh. G. The students confirmed that Rubin had made certain comments and stated their belief that the comments were appropriate in the context in which they were made. Id. Rubin verified that he had made sexual comments. (Rubin Dep., p. 33; Manolakes Dep., pp. 132-34; Ken Anderson Dep., pp. 56-57; Veasie Dep., pp. 78-80.) As such, there is no real factual dispute between the parties as to what was said. Some degree of dispute exists as to the context of Rubin's comments concerning the legitimate role these statements had in teaching about elementary education; however, none rises to the level of a dispute of material fact which would prevent entry of summary judgment as to Rubin's claims. Rubin was teaching Elementary Education 345, a methodology course for prospective teachers to learn how to teach social studies. The class, in general, was a prerequisite both for clearance to student teach and for receipt of a teaching certificate. (Rubin Dep., pp. 26-27.) The interviewers confirmed that Rubin made comments and inquiries about being celibate, preferring a husband who is professionally successful or a great lover, believing in abortion, teaching about lovemaking, dispensing birth control, and cooking breakfast in the nude (upon request from a husband). (Complaint, Exh. G.) They verified that Rubin made personal references to his being taught how to dance by a student, his divorce settlement, his ex-wife and \"three worthless daughters,\" his being an aging bachelor, women feeling better when wearing Parisian underwear, and his not being (sexually) able to take yes for an answer. Id. They established that Rubin told at least one dirty joke. Id. Braun's tape recordings of the class 1441 confirmed that Rubin had expressed unconditional love for a student and had addressed students as \"babe\" or \"baby.\" Id. The interviewed students confirmed that Rubin indeed had asked students to inform him when his conduct and comments were inappropriate because he had received previous complaints. Id. At his deposition, Rubin testified that during the previous semester, a student had complained about inappropriate touching and that students had complained about his inappropriate statements. (Rubin Dep., pp. 29-31.) Rubin testified that he knew some of his comments were sexist but stated that \"it was done in irony.\" Id., at 43. Further, the Court is mindful that the references offered in the previous paragraph are to comments verified by the interviewers but that the grievants alleged additional comments. For example, outside the classroom, Rubin inquired as to whether Braun was married and had children, her age, and what her husband's occupation was. Id. Regarding additional allegations of what transpired in the classroom, the grievances state that Rubin said that: [H]e should have had his wife get a pelvic exam before he married her \"to see if she could drop babies\" [and that] his first child happened in an irrational moment \"on one long cold winter night.\" Id. They also state that after Rubin remarked that a female student was smart, \"`for a woman,'\" he looked at one grievant and said, \"`You're glaring at me. You're upset.'\" Id. The grievances relate Rubin's asking a \"visibly uncomfortable\" student whether she would marry a paraplegic with \"`no vital functions from the waist down'\" and then polling the class to determine each student's opinion. Id. The grievances offer that Rubin asked another student if she could differentiate between love for her boy-friend and love for her mother; advocated that if he were king, women teachers would spend 15 minutes in a canoe on a moonlit night with a drunken sailor; pondered whether Braun was \"`thinking about whether it was a good idea to marry a lawyer, or whether she should have another baby'\"; and inquired how Indian women can be \"`stupid'\" enough to follow the customs that he had just described. Id. The grievances relate that Rubin's joke concluded that teachers make good prostitutes because they encourage their students/customers \"`to do it again and again until they get it right.'\" Id. Rubin argues that the comments are \"pedagogically correct examples ... of modern day situations\" with a sexual content and that he was \"teaching of modern values, morals, and social conditions.\" (Response to Reply, p. 3.) He argues that a class' content and a professor's performance in class are, seemingly, of equal importance and that he treats his students as \"serious, open-minded contemplative seekers after wisdom.\" Id., at 6-7. In this context, Rubin maintains, his comments are not just appropriate, they are desirable. Id. Apparently, Rubin believes his teaching style enables him to keep the interest of his students, but he does not explain how this teaching style justifies some of his sexual comments. He does not define the relationship between \"teaching future teachers how to think and to consider matters relevant to their courses,\" Id., at 5, and the sexual comments made during his Elementary Education 345 class. Rubin has not explained the context of his comments beyond stating that they are pedagogically correct. To apply a legal framework to this matter, under Bishop, a court considers three items in balancing the needs and objectives of the parties: the university's position as a public employer, the strong predilection for academic freedom, and the context of the university classroom. Bishop, 926 F.2d at 1074-75. Under Bishop, a university may question and redirect a professor's educational judgment and may prevent a professor from presenting certain views during instructional time. Id., at 1076-77. In the present case, the University is a public employer. While academic freedom is protected, it is not an independent First Amendment right, and a court: [C]annot supplant our discretion for that of the University. Federal judges should not be ersatz deans or educators. In this regard [a court is to] trust that the University 1442 will serve its own interests as well as those of its professors in pursuit of academic freedom. University officials are undoubtedly aware that quality faculty members will be hard to attract and retain if they are to be shackled in much of what they do. Id., at 1075. As to context, most of the comments discussed in the grievances were made in the University's classroom in a class to prepare students to teach elementary school social studies. The Academic Staff Handbook states that decisions to sanction those accused of offending the sexual harassment policy are made on a case-by-case basis. (Complaint, Exh. A.) Under the Bishop factors, nothing indicates that Defendants' conclusion that Rubin violated the sexual harassment regulation is arbitrary, capricious, or unreasonable. Under a subjective standard, Rubin made comments which are legitimately offensive. In fact, he conceded that some students have found his classroom content offensive. (Rubin Dep., pp. 30, 38, 42-44.) Under an objective standard, 5 students who agreed to be interviewed felt that they spoke for the class and uniformly stated that Rubin's comments were not offensive. While the opinions of these 5 students may be relevant and, if applying a reasonable person standard, may lead to a conclusion that the class was not (or should not have been) offended, they are not determinative determination of the validity of the Defendants' decision cannot rest entirely on the opinions and representations of 5 students in the class who stepped forward in support of Rubin as opposed to the two grievants. Defendants' decision also does not appear unreasonable based on the information in the record as to the purpose and focus of Elementary Education 345. The Court is unable to understand how a reasonable jury could conclude that many of Rubin's classroom comments could be appropriate for teaching students how to teach elementary school social studies classes, to say nothing of Rubin's comments to Braun outside the classroom. Rubin's classroom comments which have a sexual focus do not appear connected to the course content and legitimate objective of teaching students how to teach elementary school social studies. The degree of departure from the expected course content to Rubin's comments appears extensive. Their relevance is quite attenuated. The Court recognizes that, in any classroom situation, professors and students alike will make unrelated or seemingly unrelated comments. The dilemma exists in characterizing such comments. How is the Court to assess with any certainty whether the comments are neutral, politically incorrect but protected, or offensive enough to give rise to or require a University response? What is certain is that a university's response to sexual harassment grievances must be reasonable. The Court does not aim to suggest guidelines for the relationship between a professor's classroom conduct and a university's response. The Court has no intention to direct how a university should conduct its case-by-case assessment of the circumstances giving rise to sexual harassment grievances. The Court merely finds that, in this case, it is clear that the response was reasonable. Defendants' actions were minimal and reasonable in stating that they could consider this matter during Rubin's salary review, monitor Rubin's teaching, have Rubin present plans to incorporate many \"different domains of human experience\" into his teaching, and have him re-examine \"his motivations and purposes for the examples he chooses.\" (Complaint, Exh. I.) In fact, Defendants did not enforce these remedial measures with any vigorousness. Defendants' actions were not an overreaction; they were a reasonable response to a sensitive situation. Any restriction on Rubin's speech and Defendants' correlative finding of sexual harassment were reasonable and resulted in no First Amendment violation. As a framework for further analysis, in Mt. Healthy the Supreme Court set forth a three- prong test for evaluating First Amendment claims in a public employment discharge case. Mt. Healthy, 429 U.S. at 280-82, 97 S. Ct. at 573. The first prong of the Mt. Healthy test requires a plaintiff to show that his speech was constitutionally protected. Id., at 282-84, 286-87, 97 S. Ct. at 574, 1443 576. The second prong inquires whether the protected conduct was a substantial or motivating factor in the adverse employment action, and the third prong inquires whether the defendants can show that their decision would have been the same absent the protected conduct. Id. at 286-87, 97 S. Ct. at 576. As to the first prong, prong, speech is constitutionally protected if \"it touches upon a matter of public concern\" and the employee's interest in self-expression \"outweighs any injury the speech could cause\" to the public employer's interest. Wright v. Illinois Dep't. of Children & Family Servs., 40 F.3d 1492, 1499-1500 (7th Cir.1994); accord Connick v. Myers, 461 U.S. 138, 146-54, 103 S. Ct. 1684, 1690-93, 75 L. Ed. 2d 708 (1983); Waters v. Churchill, 511 U.S. 661, ___, 114 S. Ct. 1878, 1884, 128 L. Ed. 2d 686 (1994). The inquiry as to whether speech touches upon a matter of public concern presents a matter of law and calls for ascertaining the content, form, and context of the employee's speech, as revealed by the whole record. Connick, 461 U.S. at 148 n. 7, 103 S. Ct. at 1690 n. 7; Yoggerst v. Hedges, 739 F.2d 293, 295 (7th Cir.1984). Content is more important than form and context, but the speaker's motivation and the forum are important because otherwise any dispute with a public employer may be construed as a matter of public concern. Wright, 40 F.3d at 1501. The speech considered is the speech that led to the adverse decision. Waters, 511 U.S. at ___, 114 S. Ct. at 1891; Connick, 461 U.S. at 148-50, 103 S. Ct. at 1691; Caruso v. De Luca, 81 F.3d 666, 670 (7th Cir.1996). The process of making this determination is an \"inexact science.\" Wright, 40 F.3d at 1503. Public employees do not have First Amendment rights unless the topic of their speech is a matter of public concern and they are speaking as interested citizens. Connick, 461 U.S. at 146-48, 103 S. Ct. at 1690. The University has the right to control classroom content. Clark v. Holmes, 474 F.2d 928, 931 (7th Cir.1972), cert. denied, 411 U.S. 972, 93 S. Ct. 2148, 36 L. Ed. 2d 695 (1973). Course content is not a matter of public concern. Id. This results from the fact that disputes about course content involve the public employee as a teacher and not as an interested citizen. Id. Speech is not a matter of public concern if it is motivated by private interests. Yoggerst, 739 F.2d at 296. Although Braun's grievance made Defendants aware of certain comments Rubin made outside the classroom, Rubin focuses his First Amendment claims on the comments he made during his teaching of Elementary Education 345. As stated above, the Court does not imagine how a jury could find that Rubin's comments were related to the content of a course designed to teach college students how to teach elementary school children about social studies. Rubin spoke about his sexual ability/inability, dancing lessons from a student, Parisian underwear, his divorce, and his \"three worthless daughters\" out of personal interest and not as an interested citizen. He did not call students \"babe\" and \"baby\" or declare his unconditional love for a student in order to address a matter of public [6] concern. The same logic follows for Rubin's inquiries into his students' priorities in selecting husbands or their personal opinions on the distribution of birth control in schools. In concluding that Rubin's comments do not constitute a matter of public concern, the Court is mindful of the Seventh Circuit's 1444 reminder that matters of public concern need not touch upon matters of \"transcendent importance, such as the origins of the universe or the merits of constitutional monarchy\" but just need to be \"matters in which the public might be interested, as distinct from wholly personal grievances\" which are \"too remote from the First Amendment's central concerns to justify judicial interference with the employment relation\" or which may be unprotected chit-chat. Dishnow v. School Dist. of Rib Lake, 77 F.3d 194, 197 (7th Cir.1996). Rubin's comments are exceedingly remote from the First Amendment's concern with protecting \"socially valuable\" expression. Eberhardt v. O'Malley, 17 F.3d 1023, 1027 (7th Cir.1994). As Rubin's comments are not a matter of public concern, the Court need not undertake to balance the parties' competing interests to determine whether Rubin's speech is protected. Further, the Court need not reach the second and third prongs of the Mt. Healthy test. See Mt. Healthy, 429 U.S. at 274, 97 S. Ct. at 568. Under Mt. Healthy as well, then, Rubin's First Amendment rights were not violated. The Court's conclusion here is appropriate because often a \"federal court is not the appropriate forum in which to review the wisdom of a personnel decision taken by a public agency allegedly in reaction to the employee's behavior.\" Connick, 461 U.S. at 147, 103 S. Ct. at 1690. The propriety of denying Rubin's claims is bolstered by what may be construed as retaliation by Rubin against the grievants. Rubin informed the class that a relative of a complaining student had called him (Braun's husband had sat outside the classroom) and that one complaining student had been taping the class (Braun's tape recorder was openly displayed). (Complaint, Exh. C.) The students in the class were able to identify Braun, if not both grievants. Id. As a result of Rubin's announcement and assignment of an additional project, other students in the class became upset, both in general and with the grievants. Id. Rubin's management of the situation made the classroom environment increasingly intolerable for the grievants. Id. Accordingly, Defendants' Motion for Summary Judgment is as to Counts VII, VIII, XVI, XVII, XXIV, and XXV. Conclusion For the reasons set forth above, Defendants' Motion for Summary Judgment [# 19] is GRANTED. This case is terminated Identification of Complainant Terre Braun 6 Eton Court Champaign, Illinois 61820 359-8578 graduate student in Education Identification of Respondent Louis Rubin, professor, Department of Education Origin of Charge This grievance is brought pursuant to the University of Illinois Urbana-Champaign campus Administrative Procedures for Complaints and Grievances of Discrimination and of Sexual Harassment and the University of Illinois at Urbana-Champaign, Code on Campus Affairs and Handbook of Policies and Regulations Applying to All Students (August 1989) Rule 2, page 11; Rule 25, page 20. Nature of Alternative Causes Complainant has a cause of action under the Illinois Human Rights Act (Ill.Rev.Stat. c. 68, sec. 1-101 et seq., Ill.Rev.Stat. c. 68, sec. 2-101(E)), other state remedies and remedies available pursuant to Title (see also 29 C.F.R. sec. 1604.11) in the Federal Court for the Central District of Illinois. Note that many of the causes available contain fee-shifting provisions. This grievance is an attempt to resolve this cause without resort to alternative remedies. All parties should note that jurisdiction is concurrent. Remedies outside the University have a 180 day limitations period and that if relief is not obtained 1445 within the University within a reasonable period of time short of the limitations period, a cause or causes of action outside the University will be initiated. Short Statement of Complaint Respondent professor has repeatedly made inappropriate sexual remarks in class, has created a sexually threatening classroom environment, has committed the offense of sexual harassment and has retaliated against Complainant for objecting to the sexual content of his lectures. Facts Complainant is a female graduate student in good standing in elementary education in her last semester before graduation. She has a cumulative grade point average of approximately 4.75/5.0. Complainant is enrolled in Elementary Education 345, spring semester 1990. Elementary Education 345 is social studies methods. The class enrollment is composed entirely of female students. Dr. Louis Rubin, Respondent, is male and teaches said class which meets five days per week from 10 a.m. until 12 p.m. Complainant has received no graded evaluations to date in said class, and this is not a grade-related complaint. Complainant alleges Dr. Rubin has created a sexually demeaning and sexually threatening environment in this class. The following specific allegations are relevant. No specific allegation is related to establish a single incident which rises to the level of sexual harassment, but rather, that the frequency of Respondent's inappropriate behaviors is, taken together, egregious: 1. On or about January 11, 1990 Respondent told the instant class found a system that works with women am celibate.\" Respondent then approached a student, Kathy Anderson, and asked in a threatening tone, \"You don't think that's funny?\" Ms. Anderson replied that she did not think it was funny. 2. On January 11, 1990 Respondent told class there had been previous complaints about his sexist behavior in class and asked the class to stop him if he made sexist remarks during the semester. He also informed class that in the past students had told him they felt it was inappropriate of him to have touched them on the head or back. Respondent informed class he wished to be reminded if he slipped and touched someone or if he made a sexist remark. 3. On January 12, 1990 Respondent approached Complainant outside class and asked a series of questions related to her marital status, her age, her husband's occupation, whether or not she had children, and which sought to determine whether or not she was happily married. 4. On January 12, 1990 Respondent told class he made three irrational decisions in his life, \"getting married, having a baby and buying a house\". He also told the class he should have had his wife get a pelvic exam before he married her \"to see if she could drop babies\". He told the class that his first child happened in an irrational moment \"on one long cold winter night\". Nearly the entirety of the January 12, 1990 lecture related to a recitation of Respondent's marital relations and his \"three irrational decisions\". Respondent frequently punctuated his lecture with the expressions, \"hot damn\" and \"bullshit\". On another occasion during this lecture Respondent asked class rhetorically if their mothers had advised them to wear clean underwear in case they were in an accident. Respondent described Ben Franklin as a \"rake\", gave examples of Franklin's promiscuity (specifically recalling Franklin's extramarital affairs), and inquired of students in his class whether or not they would teach these facts to their elementary classes. Respondent said to a student, \"You're smart for a woman. Was that sexist have to tease to keep you awake. Would it have been sexist to say, `that's smart for a man'?\" Respondent then looked at student Kathy Anderson and said, \"You're glaring at me. You're upset.\" Ms. Anderson did not respond. Later during the same January 12, 1990 lecture Respondent used the following example: You are engaged to be married to a handsome young man. Two weeks before the wedding he is in an accident and becomes paraplegic. Respondent asked a student 1446 whether she would still marry him. The student was visibly uncomfortable with the question, but eventually responded that she would. The Respondent thereafter ridiculed the student by stating, \"Oh, come on now, this guy has no vital functions from the waist down!\" Respondent polled the class to determine who would marry the paraplegic and who would not. 5. On January 16, 1990 a student corrected Respondent's pronunciation of her name during roll. Respondent remarked, \"Makes me develop sympathy for your future husband.\" Respondent polled the class as follows: \"How many of you are married?\" \"How many of you are engaged?\" \"How many of you are taken?\" While taking roll he remarked to another student, \"Great sweater!\" Respondent then addressed the entire class, \"Now was that sexist?\" Respondent thereafter remarked to class, \"Now if Mary Jo ever gets around to wearing a decent blouse ...\" (Mary Jo Norkus is a student in class). Respondent next told a story about \"his three worthless daughters\". Respondent followed with a story about the history of education. Contained in the story was the assertion that men taught their sons to hunt and mothers taught their daughters to cook. Respondent later told students, \"If you teach about in the classroom you will have to get into heterosexuality, homosexuality, anal sex and oral sex.\" He asked the students if they would be comfortable teaching these subjects. He lectured the class about various dating experiences he had had. Next, Respondent asked a student if she knew \"the difference between love for your mom and love for a boyfriend?\" Respondent polled the class, posing the following questions: \"Are all women interested in their looks?\" \"Are women more interested than men in their looks?\" \"Are women everywhere interested in looking good?\" He asked specific students the following questions: \"Would you rather have a wealthy husband, or a handsome husband?\" \"Would you rather have a husband that's funny, or one that's caring and understanding?\" \"Would you rather have a husband that's successful professionally, or one that's a great lover?\" One student responded that she would rather have a husband who was professionally successful because \"you could always work on the other.\" Respondent replied, \"My compliments\". Respondent referred, in no particular context, to Xanthippe, Socrates wife, saying: \"She was a shrew, a mean bitchin' kind of woman hell to live with.\" Out of any context, Respondent said am the dude am the oracle. She is the sponge.\" At another time during this lecture Respondent said, you probably look at me and wonder why dress the way do. Respondent turned so that his back faced the class. He put his hands in his back pockets, shook his rear end and announced can't help it have a medical disease. It's called no assat-all\". Respondent described a recent dating experience, dancing and drinking with beautiful women who \"dragged him to a disco\". Respondent asserted that he cannot dance, but desired to learn. Respondent told the class that one of his students had once offered to teach him to dance. The student and Respondent had met at Respondent's office after class to decide where the dancing instruction would take place. Respondent asked if the student would be uncomfortable teaching him at his home. The student replied that she would not be uncomfortable. Respondent said, \"On our first date she just had me keep bouncing up and down up and down\". Respondent described his musical taste as \"Mozart\". The student in the instant story advised him to get different music. He told the class he couldn't remember name of the song she suggested. He asked the class to help him remember. His cue to the class was that it was \"a dirty song\" by Michael Jackson the class suggested \"Billie Jean\" Respondent affirmed the class had guessed correctly. Later in the same lecture, Respondent asked members of class: suppose for the last 60 years of your life you could have the body or the mind of a thirty year old woman, but not both which would you choose? Respondent insisted that students answer. Respondent also required students to respond to the following poll: \"How many of you believe in abortion?\" \"How many of you believe in corporal punishment?\" \"How 1447 many of you believe in capital punishment?\" \"How many of you believe that sexism is dangerous?\" \"How many of you believe that sexism is inevitable?\" \"How many of you believe that men have only one thing on their minds?\" \"How many of you believe that men have two things on their minds they like to eat as well?\" Respondent told the class he was going to tell them \"an adult joke, a very famous joke, a very dirty joke, a very sexist joke\". Respondent told the class, \"The problem in schools is uppity, greedy women\". Respondent said, \"If were king, all women teachers would have to spend fifteen minutes on a moonlit night, in a canoe, on a lake with a drunken sailor\" Respondent told the promised \"dirty joke\". The joke was about teachers as prostitutes the punchline was that teachers make good prostitutes because they tell their customers to do it again and again until they get it right. 6. On January 17, 1990 the lecture began with a series of examples concerning the place of women in society and the advantages men have in dating situations. Respondent offered that he often sends flowers to his ex-wife and \"three worthless daughters\". Respondent said, \"If my ex-wife didn't have me to send her roses, she wouldn't get any.\" Respondent explained at length his divorce settlement. He told the class his wife wanted two-thirds because \"she was old and used up.\" In explaining networking among women, Respondent told the class: For example, Terre's (Complainant) husband is a lawyer. You want some legal advice, so you call Terre and \"Terre gets free legal advice over pillow talk with her husband\". Respondent commented on one student's answer as follows: \"That's not bad at all for a woman.\" During another student's answer to a question Respondent interrupted. The student offered that Respondent might prefer another named student answer the question because her answer might be better. Respondent offered that the other student was not smarter \"she's just been married longer and she's more experienced\". Later in the same lecture, Respondent said, \"Maybe Terre (Complainant) is thinking about whether it was a good idea to marry a lawyer, or whether she should have another baby.\" During the same lecture, Respondent turned to a student in class and asked if she was married. She answered. Respondent asked the class, \"If went to Chicago for dinner would you guess I'd spend a lot of money or not?\" \"Would you guess that I'd prefer to dine with a woman or a man?\" \"Suppose a husband and wife came to your adult education class and requested you teach a class on lovemaking because the cause of divorce is incompatibility and lovemaking is part of compatibility so, would you teach a class on lovemaking? Foreplay? Afterplay?\" 7. Respondent began the January 18, 1990 lecture with a discussion of his \"one experiment\" with \"pot\" at the suggestion of his \"three worthless daughters\". Respondent said teen pregnancy was extensive and urged the importance of sex education. He polled the class as to how many students would favor schools dispensing birth control devices to students in high school. Respondent told the class the cost of raising a child for first the first eighteen years of its life is $350,000. Respondent suggested the cost \"should be posted on each married couple's bedroom door.\" Respondent told class: \"Rubin's 9th law: Make certain at least once in your life you treat yourself to fine Parisian underwear. French underwear, I'm told, makes women feel better.\" Respondent also told class need maid service because I'm an aging, half-assed bachelor need to have an electric blanket to keep me warm because my bed's so big get lost in it.\" \"You're not here to learn social studies; you're here to get a piece of paper. If you want to learn social studies you should go observe a social studies teacher instead of listening to my drivel. Then you can convert that piece of paper into a husband or a new house\" \"School is a place to dump the kids so Terre (Complainant) can get her hair done\". 1448 Later Respondent told a story about he and Abe Maslow, for which the punchline was, \"At my age can't take `yes' for an answer\". Respondent turned to Phyllis (a student in class) and inquired, \"Was that funny?\" Phyllis replied, \"Yes.\" Respondent asked another student, \"Kathy was that funny?\" Kathy answered, \"No.\" Respondent pressed, \"Was that sexist?\" Kathy replied, \"It has nothing to do with social studies.\" Still later Respondent gave examples of (Asian) Indian behaviors including that an Indian woman who is raped is expected to seek a divorce to free her husband, and that a wife is expected to throw herself on her husband's funeral pyre. Respondent inquired of a student in the class who is apparently Indian, \"Why would they do that? How can they be that stupid?\" Later in the lecture Respondent commented to a student think you're crazy, but love you anyway. My love is unconditional.\" 8. The lectures of January 19, 1990, and January 22-23, 1990 were tape recorded with the full knowledge of Respondent and are available for review. During these lectures Respondent refers to \"anal compulsive\" students. During the January 22, 1990 lecture Respondent posed the following question to a female student (soliciting an answer), \"If your husband asked you to cook breakfast for him in the nude, would you?\" During class on January 22, 1990 and on numerous other occasions Respondent addressed various female students as \"Babe\" and \"Baby\". 9. At approximately 2 p.m. on January 23, 1990, the husband of Complainant, Brian Braun, telephoned Respondent at home. The conversation lasted approximately 30 minutes and was civil. Braun expressed his concern to Respondent about the sexual content of his lectures and the personal inquiries being made of students. Respondent was occasionally defensive, but always polite and responsive during the conversation. Respondent admitted each incident about which he was questioned had occurred; but either justified each, attempted to explain its context or his motive in offering it. Braun suggested to Respondent that his real motive might be to \"throw out a fishing line to see who might be interested in taking the bait.\" Respondent offered that most students enjoyed his banter and that Respondent thought only one or two students might be offended. Braun said that this made the offense no less serious that Respondent ought to be concerned about any student who might be offended. The conversation ended with Respondent thanking Braun for the telephone call, and a promise from Respondent that he would alter his behavior. Braun promised the matter would go no further if Respondent did as he promised. 10. Respondent began his January 24, 1990 lecture by telling the class someone in class had made a complaint about Respondent during the previous week. The complaint allegedly objected to sexual references in Respondent's lectures. Respondent informed the class he had received a telephone call the previous afternoon \"from a relative of a student\" in which he had learned that his lectures were being taped for the purpose of this complaint. This identified Complainant to the class. Respondent told the class the complaints would require Respondent to alter his the content of his teaching. He said he would not be able to teach them about \"teacher related stress, metacognition, tricks for teaching, Japanese education, humor, style of teaching\" as a result of the complaints. He turned in the direction of the Complainant and \"assured\" her he was not angry and her grade would not be affected. He told her her grade would not suffer in any way, and the tests would remain in the same format as he had discussed earlier. Students were visibly upset. Several students began crying. One student left class. Students wanted to know why Complainant did not switch sections. Respondent said, \"Well, for whatever reason ...\", and began to lecture, ignoring the concerns of the students. At one point, he had to stop lecturing because one student was crying uncontrollably. He inquired as to the reason for her distress. She replied she was very upset, that she didn't want to be in class anyway and \"now everything was going to change\". Respondent told her not to cry and begged her not to leave. He promised he would try to make her feel better. He was interrupted 1449 a second time by another student who wanted to know why he refused to discuss the matter. She explained she did not think it was fair of him to refuse to consult with the other students in the class. He said he appreciated her concerns but he needed to get on with it. He expressed grave concern over the student who left the class. He asked where he might find her. \"Where would she have gone?\", he asked. He got information from other students on how he might find her later. He said he missed her, and was very worried about her. Complainant sat very still, in fear the class might retaliate at any moment. For the next several days Complainant had to listen to peers express their anger for her having caused Respondent to have eliminated such interesting topics from the curriculum. During the January 24, 1990 lecture, Respondent first raised the subject of a project. Respondent had not previously mentioned a project and several students brought that to his attention. Respondent claimed he had previously assigned the project and proceeded to explain the terms of the assignment. The project appeared to be retaliatory for the complaints. Students in the class were unhappy about the new assignment and later expressed anger because they believed it to be caused by Complainant. Since January 24, 1990, Respondent has used far fewer sexual examples than previously. He has, however, often stopped short in various lecture situations and offered, for example: \"suppose (student) went into a bar oops, church ...\" Other students in the class have been applauded and praised by Respondent for having made reference to the fact women do not stand still for injustice and do not let the desires of a few speak for the majority. Respondent had encouraged this kind of response from students and, as a result, has made the classroom environment hostile for Complainant. 11. This formal grievance is filed as a result of Respondent's retaliation and continuing egregious behaviors. Respectfully submitted: Terre J. Braun Grievant The original of this formal grievance was filed with the Dean of the College of Education, David Pearson, on January 1990. Copies of this formal grievance have been provided to: Louis Rubin, Respondent Stan Levy, Vice Chancellor for Student Affairs Mary Lou O'Shaughnessey Ken Anderson [*] Editor's Note: Exhibit is published following this opinion. [1] Albright was decided on January 24, 1994. Albright, 510 U.S. at 266, 114 S. Ct. at 807 Seventh Circuit decision from February 18, 1994, suggests that a claim alleging a substantive due process violation based on the right to free speech is viable, without citing Albright. Lawshe v. Simpson, 16 F.3d 1475, 1479 (7th Cir.1994). In Lawshe, the Seventh Circuit offered the following: \"But consider how [a ruling by the Supreme Court] would affect a substantive due process claim against a state official who allegedly violated an employee's right to free speech by firing him. Such an action would be possible because the First Amendment has been incorporated into the Fourteenth Amendment as a liberty interest.\" Id. at 1479-80 (emphasis in original) (stated in the context of an allegation of deprivation of property without due process); accord Little v. State of Ill. Dep't of Revenue, 907 F. Supp. 280, 284 (N.D.Ill.1995) (quoting Lawshe in the context of a \u00a7 1983 claim). The Court notes that neither side makes any reference to Albright, Lawshe or Little. [2] Counts and are duplicative of Counts and XXII. Since both sets of counts allege state claims, Plaintiff is alleging a liberty interest in a state-created right to academic freedom twice. [3 liberty interest may be created by a state regulation containing \"explicitly mandatory language, i.e., specific directives to the decisionmaker.\" Thompson, 490 U.S. at 463, 109 S. Ct. at 1910; accord Kraushaar, 45 F.3d at 1048-49. Not all state rules and regulations, even those containing substantive standards or criteria for decisionmaking, create \"legitimate claims of entitlement triggering the protections of the procedural due process clause.\" (Internal quotation marks omitted.) Kraushaar, 45 F.3d at 1048. Some statutes and regulations merely direct how \"state personnel exercise their discretion to perform certain activities.\" Id., at 1048-49. As to the present case, Article I, \u00a7 2 of the Illinois Constitution guarantees due process. Ill. Const. art. I, \u00a7 2. Article I, \u00a7 4 states that: All persons may speak, write and publish freely, being responsible for the abuse of that liberty. Ill. Const. art. I, \u00a7 4. The Illinois statutes state that the University encourages full freedom of teaching within the law. (Complaint, \u00b6 11.) The Academic Staff Handbook provides for free discussion in the classroom within constraints. Id., \u00b6 12. None of these provisions contains even a single substantive standard or criterion for decision-making, and they in no way direct a decision-maker to reach a particular outcome under certain circumstances. See Robinson, 902 F. Supp. at 842. Thus, the Court cannot use this analysis to find that any of Plaintiff's alleged liberty interests are proper. [4] As to the liberty interest in academic freedom created by state law, Article I, \u00a7 2 of the Illinois Constitution guarantees due process and does so to the same extent as the federal Constitution. Ill. Const. art. I, \u00a7 2, Constitutional Commentary of the Smith-Hurd Compiled Statutes Annotated. Article I, \u00a7 4, the free speech provision, may afford \"added protections in the field of libel and perhaps in other fields,\" although the term \"other fields\" has not been defined. (Internal quotation marks omitted.) People v. DiGuida, 152 Ill. 2d 104, 604 N.E.2d 336, 343, 178 Ill.Dec. 80, 87 (1992). This Court can find no Illinois case law indicating that academic freedom is a field of free speech in which \u00a7 4 provides greater protection than the federal Constitution. In fact, both parties seem to argue that it does not. (Memo. in Support, pp. 10-11; Response to Reply, pp. 2-3.) Plaintiff has a liberty interest in academic freedom created by state law to the extent that he has one under the federal Constitution. [5] Rubin has made duplicative allegations. Counts and (academic freedom) and Counts and (academic freedom created by state law) all are state claims of academic freedom. Thus, it is implicit that Counts and are based on state law. In the alternative, it need not be explicit that Counts and are based on state law. [6] Earlier this year, the Seventh Circuit rephrased the Mt. Healthy test as to whether the speech would be protected if not uttered by a public employee; whether, according to the United States Supreme Court in Connick, the speech is worthy of judicial intervention; and whether the public employer \"had a convincing reason to forbid the speech.\" Dishnow v. School Dist. of Rib Lake, 77 F.3d 194, 197 (7th Cir.1996). Other cases have discussed the intersection of the Mt. Healthy and Connick lines of cases. See Ziccarelli v. Leake, 767 F. Supp. 1450, 1453 (N.D.Ill.1991) (devising a test using Connick to determine \"whether the expression touches upon a matter of public concern\" and to balance the employee and employer interests and using Mt. Healthy to require the plaintiff to show that the speech motivated the employment decision and the employer to show it would have made the decision absent the protected activity); but see Lindahl v. Bartolomei, 618 F. Supp. 981, 988 n. 3 (N.D.Ind. 1985) (stating that Connick applies when the speech is disruptive and that Mt. Healthy applies in a mixed motive case when the issue is whether speech caused the dismissal). 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."}
7,741	Ernesto Bustamante	University of Idaho	[ "7741_101.pdf", "7741_102.pdf", "7741_103.pdf", "7741_104.pdf", "7741_105.pdf", "7741_101.pdf", "7741_102.pdf", "7741_103.pdf", "7741_104.pdf" ]	{"7741_101.pdf": "Katy Benoit\u2019s family seeks millions from University of Idaho Sat., March 10, 2012 Katy Benoit Patrick Orr Idaho Statesman Washington Idaho > Menu Search News Sports Business Weather The family of a University of Idaho student killed by a professor last summer is pursuing a $3 million claim against the school. By filing their claim with the state, Katy Benoit\u2019s family has taken the first step toward suing the University of Idaho over their daughter\u2019s shooting by former professor and lover Ernesto Bustamante. The Boise family\u2019s tort claim puts the university on notice of damages the family could seek in court. The claim was filed Dec. 8; the university did not file a response within 90 days, which means the Benoits are free to file a lawsuit against the college. As of Friday afternoon, however, they had not done so. University officials declined comment Friday lawyer for the Benoit family did not respond to a request for comment and details about the allegations in the claim. Moscow police say 31-year-old Bustamante shot and killed 22-year-old Benoit at her off- campus home on Aug. 22 \u2013 the first day of fall classes for the university \u2013 and then killed himself the next morning. The murder-suicide shocked faculty and students and brought the state\u2019s oldest public university under intense scrutiny as details emerged about the relationship \u2013 and how the university responded after Benoit filed a complaint about Bustamante earlier that year. Following the shooting, the school toughened its policies on student-faculty relationships and asked for a review from an independent panel that included a former Idaho Supreme Court justice. University President M. Duane Nellis released tens of thousands of university, personnel and student records about the case and the university\u2019s handling of it. The family\u2019s tort claim says the university \u201cnegligently and recklessly\u201d hired, retained and supervised Bustamante and \u201crecklessly failed in its duty to protect Katy Benoit from Bustamante.\u201d The claim also says the university failed to: \u2022 Prevent Bustamante\u2019s sexual harassment of Benoit. \u2022 Fully inform law enforcement of the danger Bustamante presented. \u2022 Require Bustamante to obtain mental health care \u201cat a time when he was in obvious need of such care.\u201d The family also says Bustamante \u201cpresented clear and present danger to young female students over whom he exercised supervision and authority.\u201d The claim says school officials had been advised that Bustamante: \u2022 Claimed to have five different personalities, including \u201cThe Beast\u201d and \u201cThe Psychopathic Killer.\u201d \u2022 Carried firearms at all times, which was a violation of campus policies. \u2022 Claimed to have \u201cmurdered 50 people in his younger years.\u201d \u2022 Talked to his classes about shooting and killing students. \u2022 Was sexually involved with female students over at least three years, including \u201cabusive and coercive sexual relationships, including orgies.\u201d That allegation has not been cited publicly before now, and the claim did not explain or cite a source of that information. The claim says the family has incurred damages of \u201can unknown amount,\u201d but for the purposes of complying with state law put the damages at $3 million. When asked in November if the Benoit family planned to file a lawsuit, they issued a statement that said, in part, \u201cWe informed the university several weeks ago that we have retained legal representation. \u2026 Our intention is to bring as much good from this situation as possible and to ensure that positive changes are made so that future students are safe and respected, and that this kind of tragedy never happens again.\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. Continue Choose amount One-time Monthly $1,000 $500 $250 $100 $55 $25 $ Other Add note/comment Give in honor/memory Active Person Subscribe now to get breaking news alerts in your email inbox Get breaking news delivered to your inbox as it happens. Sign up fiber-optic internet: Powering Spokane's future Imagine a city where businesses thrive, students have the resources for success, and families stay seamlessly connected. \u00a9 Copyright 2016,The Spokesman-Review", "7741_102.pdf": "1 GC-Search From: Suarez, Carmen Sent: Wednesday, July 06, 2011 10:30 To: Bustamante, Ernesto Cc: Hendrickson, Mo; Aiken, Katherine Subject: notice of complaint Attachments: complaint-psych-respondent notice of complaint July 2011.pdf Dr. Bustamante, This office has received a complaint of sexual harassment against you filed by Ms. Katy Benoit. The notice of complaint and complaint content is attached and is also being sent by regular mail to your home address on file with the University. In the letter request a time to meet with you to discuss the complaint investigation process, answer questions you may have and ask you questions regarding the complaint so that you may respond. You may also wish to respond in writing and are encouraged to do so am hoping you might be free to meet this Friday, July 6 at 2 p.m. in the Administration Building room 207\u2010\u2010\u2010please advise if you can accommodate this time. Additionally, the letter notes that the complaint investigation and resolution process is difficult for all involved, but we are all reminded that we must continue to act as professionally as possible and do nothing that would appear to constitute intimidation, harassment or retaliation against the complainant, anyone interviewed and/or a part of the process. In particular, you are to have no contact of any kind with Ms. Katy Benoit during this investigation process. Please contact me at your earliest convenience, by email or phone, regarding the possibility of meeting this Friday. Carmen Suarez ____________________________________ Carmen Suarez, Ph.D. Director Office of Human Rights, Access and Inclusion University of Idaho Box 443160 Moscow 83844\u20103160 Office: 208\u2010885\u20104285 Fax: 208\u2010885\u20105050 [email protected] \"To do nothing about the conflict between the powerful and the powerless is not to remain neutral, it is to side with the powerful.\" Paulo Freire Administration Building 104 Box 443160 Moscow, Idaho 83844-3160 Phone: 208-885-4285 Fax: 208-885-5050 [email protected] Mr. Ernesto Bustamante 1433 Street, Apartment 4 Moscow 83843 July 5, 2011 Mr. Bustamante, On June 12, 2011, Ms. Katy Benoit filed a complaint of sexual harassment with this office. The complaint states the following am charging Ernesto Bustamante with the following charges: 1) Sexual Harassment \u2013 from the end of Fall 2010 semester through the middle of May, Spring 2011 semester. 2) Threats of Violence to my person \u2013 on three separate occasions, Professor Bustamante held a fully loaded gun to my head, and detailed the manners in which he would use it. - 1st time: the end of January, 2011 - 2nd time: the week after Spring Break, 2011 - 3rd time: the second week of May, 2011 (this event caused the termination of the relationship began taking Psychology 218 with Professor Bustamante in the Fall semester of 2010. Towards the middle of the semester, he requested more students for advising (per instigation of the university), which accepted within a couple weeks of the request. He began flirting right away, and pursued an intimate relationship. He constantly complimented me and my work and ability, promised good results with applications to graduate schools including the University of Idaho and lots of help with further studies. By the end of that semester, he and were in a sexually active relationship. During this entire time witnessed a plethora of inappropriate sexual comments in the Cognitive Engineering and Decision Making Lab, along with threats and unpredictable behavior. If students wanted to question him, or defy him in any way, he would always premise his response with \u2018It\u2019s never a good idea to piss me off\u2019. While alone, he has threatened to kill me, and himself. Further, he has claimed to have five different personalities, all with different names and identities. I\u2019ve witnessed these personalities firsthand, or at least him portraying them. They include the names: Ernesto, E., Ernie, The Beast, and The Baby. During our entire relationship was constantly reminded of what would happen if \u2018pissed him off feel extreme concern for my safety, the safety of those being mentioned in this document, and the safety of the investigative team. Further, he has a Utah concealed weapons permit, and at least five guns that I\u2019ve seen. He carries them everywhere, including to campus (on every occasion). He answers his door with them, travels with them, sleeps near them, EVERYWHERE. He has revealed to me that he believes there are several people out to \u2018get him\u2019, or hurt. He says this may be due to his claim to have murdered approximately fifty people in his earlier years. He has also claimed that this University is out to get him, claiming he has a lawsuit pending against the University for visa-related contract issues finally ended the relationship after the third time of having a gun put to my head (mid-May had finally \u2018pissed him off wanted to come forward, but was scared for my personal safety and my academic career (as he is my professor, advisor, and committee director of my educational pursuits at the University of Idaho). Further, he was extremely persuasive regarding our future, my academic future, and my safety. The University of Idaho takes such allegations very seriously and this office is charged with conducting a thorough investigation to determine if the sexual harassment and threats of violence occurred. As part of the University\u2019s investigation process, after a complaint has been lodged am charged with meeting with the respondent (you) to begin the process will want to explore with you your recollection of events and any information you can share so that we can resolve this situation. At the time of the interview will explain in detail the complaint investigation process, my role and that of the co-investigator, and the steps that are taken towards resolution. Would you be available to meet this Friday, July 8, at 2 p.m.? The co-investigator and are free at this time and if convenient for you, we would like to review the charges and your response. Please contact me at [email protected] or 885-4285 to confirm your ability to meet at this time or arrange another time. You are encouraged to submit comments in writing regarding these charges and the response can be mailed or emailed to the address(es) above. Workplace misconduct allegations investigation and resolution is difficult for those of us undergoing the process, but we are all reminded that we must continue to act as professionally as possible and in particular do nothing that would appear to constitute intimidation, harassment or retaliation against anyone interviewed and/or a part of the process. In particular, you are to have no contact with Ms. Katy Benoit during this investigation process. This includes by phone, by email, by text message or social messaging, in person or through a third party or any other means not herein identified. There are two primary University policies relevant to these charges and they are as follows: Sexual Harassment 3220 A. Policy A-1. The university must maintain a learning and work environment for students and employees that is fair, humane, and responsible. Sexual discrimination, including sexual harassment, interferes with the educational process and with the productivity of the faculty and staff; thus, it is inimical to the university. A-2. Like discrimination on the basis of race, color, national origin, religion, sex, age, disability, or status as a Vietnam-era veteran, sexual harassment violates federal and state laws and the policies of the Board of Regents of the University of Idaho. It is, therefore, the policy of the University of Idaho to condemn sexual harassment. Retaliation 3810 It is a violation of University policy for any employee to engage in retaliatory conduct, which includes conduct that intimidates, threatens, coerces, or retaliates against any individual because that individual reports a perceived wrongdoing, inequity, or violation of law or policy, files a complaint alleging illegal or prohibited discrimination, participates in a grievance or appeals procedure, or participates in a dispute resolution through Human Resources or the Office of the Ombuds. As stated above, the full investigation process will be detailed to you. Please contact me by email or phone to confirm a meeting for Friday, July 8 at 2 p.m. Sincerely, Carmen Suarez Director Cc: Dr. Kathy Aiken, Dean", "7741_103.pdf": "- Cadillac Canada Sponsored The All-Electric Learn More Events leading up to the shooting of Katy Benoit Timeline: Fall of 2010: Katy Benoit took a class taught by assistant professor Ernesto Bustamante End of fall semester: The two were involved in a sexual relationship June 10, 2011: University's first contact with Benoit to discuss a complaint. They met to discuss safety precautions. June 10, 2011: Lt. Lehmitz received a phone call from Katy Benoit. The University of Idaho referred her to Moscow Police to address safety concerns. Events leading up to the shooting of Katy Benoit Author Staff Published: 1:49 August 26, 2011 Updated: 1:49 August 26, 2011 June 12, 2011: Katy Benoit filed a sexual harassment complaint with the University of Idaho. It alleged Bustamante threatened her violently with a gun on three occasions --January 2011, after spring break of 2011, and May of 2011 -- detailing the manner in which he would use it. June 13, 2011: Benoit sends e-mail indicating she contacted Moscow Police Department. June 14, 2011: Benoit sends e-mail to university saying she does not want Bustamante served with her complaint yet. She said she would come in to talk about it the next day. June 16, 2011: When Benoit didn't come in to talk, the university sent her an e-mail encouraging the follow-up meeting. June 30, 2011: University receives e-mail from Benoit apologizing for being out of touch. July 6, 2011: University informed Benoit by e-mail her complaint had been sent to Bustamante along with a letter detailing the possible policy violations. It had been held until this date at Benoit's request. The university told her Bustamante was ordered to have no contact with her. July 8, 2011: Bustamante filed a formal complaint with against Katy Benoit, accusing her of making unfounded complaints and potential defamation of character. July 14, 2011 requested Moscow Police participate in a threat assessment concerning the threatening behavior of Ernesto Bustamante. University investigators met with Benoit to review Bustamante's response and notify her that they would be interviewing him on July 19. She was asked to stay somewhere other than her apartment. The Moscow Police tried to call Benoit several times, leaving messages. Benoit did not return the phone calls. Police told the university that she wasn't calling back. The university indicated that Benoit had been referred to Alternatives to Violence of the Palouse and a safety plan had been discussed. The Moscow Police informed the that Benoit did not want police involved. July 19, 2011 notified the Moscow Police Department they were not able to make contact with Katy Benoit and asked police to conduct a check of her welfare canceled that welfare check request when they made contact with Benoit via phone to confirm her welfare en Espanol - Cadillac Canada Sponsored The All-Electric Learn More Ad 1 of 1 Ad 1 of 1 \uf04c 00:00 / 00:00 \uf026 \uf064 x July 22, 2011: University called Benoit to ask her where she would be staying until the start of school. She said she would be in Moscow. They encouraged her to take safety precautions and contact Moscow Police Department if she felt the need. August 22, 2011: University met with Benoit to tell her Bustamante's last day of employment was August 19. She was warned to be vigilant and call police if she had any safety concerns. August 22, 2011: Katy was shot outside her home at 8:40 p.m. August 23, 2011: Moscow Police find Ernesto Bustamante dead in a hotel room at the University Inn-Best Western. August 23, 2011: Police searched hotel room #213 of the University Inn-Best Western where the body of Ernesto Bustamante was found. The found several guns and medications. Ernesto Bustamante had the following citations on his record: July 30, 2009: He was issued a citation for failing to obey a blinking red traffic signal light. He plead guilty and paid a fine of $85.00. March 29, 2010: He was issued a citation for failing to show proof of vehicle insurance. That citation was later dismissed when he provided proof of insurance to the court. July 4, 2010: He was a complainant in reference to a fireworks call. October 24, 2010: He was referenced as an ex-boyfriend in a report of a suicide attempt. He was never contacted or found to be involved in this reported incident. November 2, 2010: He was a victim of a battery and a malicious injury to property. The suspect was cited and released for battery and malicious injury to property. The suspect pled guilty to an amended charge of disturbing the peace. The battery charge was dismissed. November 30, 2010: As a result of the incident of November 2, 2010, a protection order was issued identifying Ernesto Bustamante as the protected person. Here\u2019s What a 1-Day Gutter Upgrade Should Cost You leaffilterguards \| Sponsored Learn More LeafFilter Partner \| Sponsored Health Domain \| Sponsored Here\u2019s What a 6-Hours Gutter Upgrade Should Cost You Breakthrough \"Arthritis Gummy\" Takes Canada By Storm leaffilterguards \| Sponsored Here\u2019s What a 6-Hrs Gutter Upgrade Should Cost You In 2025 Learn More Connect Hearing \| Sponsored Read This Before Booking Free Hearing Test In Toronto PaperStock \| Sponsored How can you generate additional income by investing with our signal system? Learn More 'He was crazy for his grandkids' \| Man who went to McDonald's to get Happy Meals for grandkids killed in shootout 'Scum,' 'crooked' elections and 'corrupt' media. What Trump said inside the Justice Department ARTICLE...", "7741_104.pdf": "/ Source: The Associated Press former Idaho college professor who committed suicide after gunning down a graduate student he had recently dated had six guns and medications for bipolar disorder and severe anxiety in the hotel room where he died, police said Friday. Investigators released new details, saying Katy Benoit, 22, reported that recently resigned University of Idaho professor Ernesto Bustamante, 31, threatened her several times with a gun and that their relationship ended in May after he put a gun to her head and told her how he would use it. Benoit filed a sexual harassment complaint with the university on June 12 against Bustamante. He then denied the allegations and filed his own complaint against her on July 8, claiming defamation of character. Bustamante disclosed the two had had a close personal relationship. Police received a call from Benoit on June 10 after the university referred her to address safety concerns. Moscow Police Lt. Dave Lehmitz said he advised Benoit of basic safety principles and told her to call police if there were any threatening or suspicious incidents. The university contacted police on June 14 concerning reports of inappropriate behavior by Bustamante toward Benoit, Lehmitz said. But several attempts by law enforcement to contact Benoit were unsuccessful and the university informed the Moscow Police Department that she did not want law enforcement involved, Lehmitz said. Bustamante resigned from the university effective last week. Benoit's roommates have said Bustamante had been asked to leave the university as a result of Benoit's complaint. The By Aug. 26, 2011, 5:23 Police say guns, meds on murder-suicide professor former Idaho college professor who committed suicide after gunning down a graduate student he had recently dated had six guns and medications for bipolar disorder and severe anxiety in the hotel room where he died, police said Friday university has only confirmed that he resigned effective last Friday. The university says school officials met with Benoit more than a dozen times to discuss her complaint, update her on their investigation into Bustamante and to urge her to take safety precautions. The final meeting came Aug. 22, the same day she was shot 11 times by Bustamante. Police say Bustamante \u2014 who a friend says alternately referred to himself as a \"psychopathic killer\" and \"the beast\" \u2014 checked into a hotel room shortly after and shot himself in the head with a revolver. Police later found five other handguns along with the revolver in the hotel room, as well as four different prescription medications used to treat severe anxiety, epilepsy, depression and bipolar disorder. His name was printed on all of the prescription bottles"}
9,014	Tom Boroujeni	California State University - Fresno	[ "9014_101.pdf", "9014_102.pdf", "9014_103.pdf", "9014_104.pdf", "9014_105.pdf", "9014_106.pdf", "9014_101.pdf", "9014_102.pdf", "9014_103.pdf", "9014_104.pdf", "9014_105.pdf", "9014_106.pdf" ]	{"9014_101.pdf": "Allegations of sexual violence at Fresno State resurface at nearby City College Fresno City College Academic Senate President Tom Boroujeni at center of allegations 29, 2023 1 The center photo features Tom Boroujeni, Fresno City College academic senate president. Credit: Mark Tabay, Fresno City College & Fresno State/Facebook Fresno City College communication instructor and president of the school\u2019s academic senate was found to have committed an \u201cact of sexual violence\u201d against a professor and former colleague at nearby Fresno State University, where he taught for years until he resigned under pressure last year, documents show. The allegations against Tom Boroujeni stayed hidden from public view, EdSource found, before surfacing in 2020, when Fresno State opened an investigation based on the federal anti-discrimination law known as Title IX, records show. That investigation determined that Boroujeni committed the sexual violence in 2015, when he was a graduate student and part-time instructor at Fresno State. The case wasn\u2019t fully resolved until February, when the alleged victim reached a $53,300 settlement with the university after claiming it hadn\u2019t done enough to protect her, university records show. Boroujeni was also a part-time instructor at Fresno City College while finishing a master\u2019s degree at Fresno State in 2015, records show. Boroujeni, 38, of Clovis, is also known as Farrokh Eizadiboroujeni and Tom Eizadi, documents show. City College\u2019s parent agency, the State Center Community College District, became aware of the matter in August 2021 when the alleged victim, who also teaches there part-time, \u201crequested a no-contact order\u201d against Boroujeni \u201cas a result of a sexual misconduct investigation\u201d at Fresno State, according to an internal district document obtained by EdSource. The district granted the order based on a report by its former general counsel, Fresno attorney Gregory Taylor, who conducted interviews and combed through Fresno State\u2019s investigation. Taylor concluded Fresno State\u2019s finding was \u201cwell- reasoned and supported by sufficient evidence.\u201d In 2023, despite the findings and stay-away order, the State Center Community College District gave Boroujeni tenure district spokesperson said laws governing the granting of tenure were followed. In both Fresno State\u2019s investigation and in interviews with EdSource, Boroujeni denied committing what Fresno State concluded was \u201can act of sexual violence.\u201d Asked if he raped the alleged victim, Boroujeni replied in a sharp tone, \u201cNo did not.\u201d Boroujeni claimed he and the alleged victim, who was a professor at Fresno State at the time, had consensual sex in her apartment in June 2015, shortly after they started dating. But the investigation found that she told Boroujeni \u201cno\u201d when he asked if they could have sex. He then \u201cpinned down (her) upper region\u201d and she \u201czoned out\u201d during what followed, according to the 2021 university report. EdSource doesn\u2019t identify sexual-abuse victims. The alleged victim declined to be interviewed for this story. Boroujeni appealed the findings to the California State University\u2019s Chancellor\u2019s Office in June 2021. The appeal was denied a month later. EdSource sought documentation about the case from Fresno State earlier this year. Walsh wrote in an Aug. 4 letter to Boroujeni\u2019s lawyer, Brooke Nevels, informing her the report would be released as \u201ca matter of public interest.\u201d Boroujeni said his 2015 graduate-student status should have blocked the release of the investigative report to EdSource under the state\u2019s public records act. He also was a part-time instructor at the time. But in a decision made at the system\u2019s Chancellor\u2019s Office, the report was released over his objections. Boroujeni complained to the U.S. Department of Education\u2019s Student Policy Privacy Office, claiming the release violated the federal Family Educational Rights and Privacy Act, according to a generic confirmation email he provided to EdSource. The response states the complaint wouldn\u2019t be answered for at least 90 days. The department didn\u2019t respond to a request for comment January 2015 \u2013 Graduate student Tom Boroujeni begins working as a substitute instructor and teaching assistant at Fresno State University. \u201cGiven that Mr. Boroujeni remains active in the educational community and is teaching at a local community college, there is strong public interest in knowing that a college instructor has been previously found to have committed an act of sexual violence at another university.\u201d \u201c \u2013 John Walsh, the system\u2019s general counsel May 2015 \u2013 Boroujni begins working as an instructor at Fresno City College June 21, 2015 \u2013 Boroujeni allegedly commits an \u201cact of sexual violence\u201d against a Fresno State professor. June 22-30, 2015 \u2013 The alleged victim confides in friends that she was assaulted. She declines to call police, telling a friend she is afraid making a report would negatively impact her at Fresno State, where she is working toward tenure. 2016 \u2013 Boroujeni finishes his master\u2019s degree at Fresno State and continues working at the university, becoming coach of the school\u2019s debate team. 2016 -The victim of the alleged sexual violence begins teaching as an adjunct at Fresno City College in addtion to working at Fresno State. Aug. 2019: Boroujeni gets a tenure track instructor position in Fresno City College\u2019s Communication Department. Oct. 2019 \u2013 Boroujeni is told he will be assigned to non-debate classes and removed as debate team coach at Fresno State. July 9, 2020 \u2013 Boroujeni files a complaint with Fresno State alleging that the alleged victim had made \u201cunwelcome advances of a sexual nature\u201d to him in 2015. He claimed he entered into a relationship with her only because he feared that not doing so would hurt his chances of receiving his master\u2019s degree and full-time employment at the university. He further claims his removal as debate coach and change in teaching assignments is retaliation for her rebuffing further advances in 2016. Oct. 6, 2020 \u2013 While being interviewed about Boroujeni\u2019s complaint against her, the alleged victim tells an investigator that on June 21, 2015, Boroujeni allegedly committed an act of sexual violence against her. Fresno State opens an investigation. May 2021 \u2013 Boroujeni becomes president-elect of Fresno City Colleges academic senate for a two-year term, meaning he will ascend to the senate presidency in 2023. May 18, 2021 \u2013 Investigator Tiffany Little issues two findings. She rejects Boroujeni\u2019s claims of sexual harassment and finds that, based on a preponderance of the evidence, Boroujeni committed an act of sexual violence against the victim. May 25 2021 \u2013 The alleged victim is notified that the university\u2019s remedy is that she and Boroujeni have no contact with each other no-contact order is issued by Fresno State. June 16, 2021 \u2013 Boroujeni appeals the finding to the Chancellor\u2019s Office of Investigations Appeals and Compliance. His appeal was rejected on July 29, 2021. August 2021 \u2013 The alleged victim asks Fresno City College \u2013 where she and Boroujeni both still teach \u2013 for a no-contact order on campus, similar to what was put in place at Fresno State. The order is issued months later. 2022 \u2013 The alleged victim tells Fresno State that it \u201cfailed to take adequate actions\u201d to address her safety concerns with Boroujeni. She threatens to take legal action against the university. Feb. 8, 2022 \u2013 Boroujeni files a grievance with Fresno State over a decision to place the report on the act of sexual violence in his personnel file as he approaches a performance review for a three-year lecturer contract. March 7 2022 \u2013 Boroujeni tells Fresno State that he intends to resign at the end of the academic year. March 11, 2022 \u2013 Fresno State places Boroujeni on administrative leave, pending the outcome of an unrelated allegation of misconduct. May 5, 2022 \u2013 Boroujeni resigns from Fresno State, agreeing that he \u201cwill not apply for, seek, or accept employment with Fresno or any other campus or department of California State University or its auxiliaries.\u201d Nov. 14 2022 \u2013 Boroujeni received a letter of reprimand from the dean of Fresno City College\u2019s Division of Fine, Performing and Communication Arts in part for unprofessional conduct including an allegation he referred to a colleague with an apparent racial slur and threatening \u201cto get\u201d that person. Feb. 8, 2023 \u2013 The alleged victim settles her claim with Fresno State over her safety concerns. She is paid $53,300 and is given a paid year off from teaching to do academic research. March 7, 2023 \u2013 the State Center Community College District board of trustees grants tenure to Boroujeni and 24 other faculty members at Fresno City College. May 10, 2023 \u2013 Boroujeni becomes academic senate president of Fresno City College \u201cIt was in the greater good of the public to disclose it,\u201d Debbie Adishian-Astone, Fresno State\u2019s vice president for administration, said of the heavily redacted 43- page document. \u201cThe public has a right to know.\u201d EdSource obtained an unredacted copy of the report. CSU\u2019s Title history In May 2023, Boroujeni started a two-year term as Fresno City College\u2019s academic senate president, a position that gives him input on behalf of the faculty on academic policy and personnel matters and puts him in frequent contact with college and district leaders am a politician am a public figure,\u201d he told EdSource. The revelations about Boroujeni come as Fresno State attempts to move past a CSU-sanctioned report released earlier this year that said the school had \u201cthe most high profile and incendiary Title issues plaguing the CSU.\u201d That\u2019s a reference to the scandal that took down former Chancellor Joseph Castro, who resigned in 2022 after it was revealed that while serving as Fresno State\u2019s president, he ignored years of sexual misconduct allegations against Frank Lamas, his vice president of student affairs. When the allegations were finally investigated, Castro agreed to let Lamas resign in exchange for a $260,000 settlement, retiree benefits and a promise of a glowing letter of recommendation. The Boroujeni case also raises questions regarding the State Center Community College District\u2019s response after learning of Fresno State\u2019s determination of sexual violence and how Boroujeni went on to receive tenure and become academic senate president. The Fresno State case was not taken into account as Boroujeni became senate president at Fresno City College and achieved tenure in 2023, even after the district investigated the alleged victim\u2019s request for a stay-away order and found that sexual violence occurred. The president of the State Center Community College District\u2019s board of trustees, Nasreen Johnson, declined to talk to EdSource, and Chancellor Carole Goldsmith declined to be interviewed and answered questions through a district spokesperson. Other than the no-contact order, the district \u201ctook no other action as there were no civil or criminal findings, judgments and/or convictions surrounding (Boroujeni) at Fresno State, nor were there accusations or reports of similar misconduct\u201d at Fresno City College, district spokesperson Jill Wagner wrote in an email to EdSource. The no-contact order requested by the alleged victim wasn\u2019t effective until the spring of 2022, in part because the process of obtaining records from Fresno State was \u201cslow and arduous.\u201d Wagner said the tenure committee assigned to Boroujeni \u201cconsidered multiple factors in favor of granting tenure. Areas of concern were not identified\u201d at the time Boroujeni was reviewed. Asked if the committee that considered Boroujeni\u2019s tenure had access to or was aware of Taylor\u2019s report confirming that an act of sexual violence had occurred, Wagner did not respond directly. She wrote that the district followed state law and the district\u2019s union contract, \u201cwhich prescribes what information can be included in tenure review.\u201d Boroujeni told Edsource that he \u201cgot tenured with the district\u2019s knowledge of everything that had happened.\u201d Boroujeni resigned from Fresno State on May 9, 2022, agreeing to a demand that he never apply for, or accept employment, in the 23-campus California State University system again, according to the resignation document. When he accepted those terms, he was being investigated for other unrelated misconduct allegations that were later found to be not substantiated, documents show. Despite its findings about the 2015 incident, Fresno State couldn\u2019t discipline Boroujeni \u2014 such as suspending or firing him \u2014 because he was a graduate student when the alleged act of violence occurred, Adishian-Astone, the school\u2019s vice president for administration, said in an interview. Boroujeni started working for Fresno State as a teaching assistant and part-time instructor in January 2015, nearly six months before the incident, records provided by the university show. But Adishian-Astone said his status at the time was as a graduate student. The university can\u2019t \u201cdiscipline an employee for something he did as a student,\u201d she said. But the findings still contributed to Boroujeni leaving his faculty position at Fresno State. Boroujeni told EdSource that he agreed to resign because if he hadn\u2019t, the act-of- sexual-violence report would have been placed in his personnel file. He said he was up for a performance review at the time and a three-member committee of communication-department academics would have had access to the report. He said he was concerned his reputation would be harmed and his contract not renewed. \u201cThey threatened me, basically,\u201d Boroujeni claimed. \u201cThey said, \u2018If you don\u2019t (resign), we\u2019re going to hand this over to your department for review.\u2019 They said, \u2018It becomes part of your employment record.\u2019\u201d Although the university couldn\u2019t directly discipline Boroujeni, Adishian-Astone said placing the report in his personnel file was allowable. If Boroujeni hadn\u2019t resigned, the university would have done that, \u201cparticularly given the egregious nature of this incident,\u201d she said. Information sharing limited California has no mechanism for its three public higher-education systems \u2014 CSU, the University of California and the California Community Colleges \u2014 to share information about employees with sexual misconduct-allegation records. In response to EdSource\u2019s questions, Wagner, the State Center Community College District spokesperson, said the district is now calling on the state to require that \u201ceducational institutions have a mechanism to share information about employee misconduct, harassment and sexual violence.\u201d The practice of someone in higher education being employed at another college despite sexual misconduct allegations is dubbed \u201cPass the Harasser,\u201d which the Chronicle of Higher Education once called \u201chigher education\u2019s worst kept secret.\u201d Boroujeni\u2019s employment at Fresno City College after resigning from Fresno State is a variation of that, said Michigan State University professor Julie Libarkin. She tracks alleged offenders through the Academic Sexual Misconduct Database, which aggregates abuse cases based on news reports. It contains nearly 1,100 cases nationwide, which she said is just a fraction of what occurs. Too often, she said, faculty members move to another institution after being disciplined or fired. \u201cIt\u2019s a problem all over the country,\u201d she said, enabled by secrecy and schools that \u201cdon\u2019t want to have their names sullied\u201d by publicly identifying an abuser. If an accused person quietly resigns, they\u2019re often able to keep their records confidential, she said. In Boroujeni\u2019s case, he was already working as a Fresno City College instructor when Fresno State made its findings. There was no communication between the schools about the matter until the alleged victim asked for the stay-away order. Adishian-Astone said Fresno State \u201cwould not have advised (the State Center Community College District) about this matter on our own as it was a confidential personnel matter and at that time the respondent was already an existing (district) employee. If (the district) had reached out about a reference for the hiring of a new employee, we would have advised them accordingly. Our system does not track if faculty also teach at other institutions.\u201d Shiwali Patel, senior counsel at the National Women\u2019s Law Center, said the alleged victim could be \u201cin a vulnerable position\u201d at Fresno City College with Boroujeni serving as president of the academic senate. Boroujeni \u201cshouldn\u2019t have any impact on her experience there, promotions or anything to do with her employment. If he holds this position of power over the victim who told the community college about what happened at the other institution, she could be in a vulnerable position,\u201d she said. The district \u201cshould have checked with the victim to see what impact that could have on her, given that she\u2019s employed by the same institution,\u201d Patel said. Asked about the alleged victim, Wagner wrote in an email that the district \u201cunequivocally supports survivors of violence dean\u2019s complaint Boroujeni told EdSource he is also facing allegations regarding his interactions with three other women at Fresno City College. They have each filed pending complaints against him, which he characterized as allegations of \u201cgender discrimination.\u201d Wagner, the district spokesperson, said she could not discuss the complaints because they are personnel matters. Boroujeni said one is a Title investigation and the others are being treated as grievances. The women declined to discuss their complaints. He identified one of the women as Dean Cyndie Luna of the college\u2019s Fine, Performing and Communication Arts Division. He declined to provide details of her complaint. Last year, Luna reprimanded Boroujeni for incidents of unprofessional conduct that she wrote were \u201cbecoming more frequent and aggressive\u201d and \u201ccausing me grave concern as your supervisor,\u201d according to a November 2022 letter of reprimand, which EdSource obtained from a source. Luna also wrote that in a conversation with her, Boroujeni referred to a colleague with an apparent racial slur and, in a \u201cmenacing and threatening\u201d tone, said he \u201cwill get\u201d the colleague for gossiping about him. Boroujeni told EdSource that Luna fabricated the accusations in the letter. \u201cShe makes up a lot of things,\u201d he said. Luna declined to discuss his allegation or the letter of reprimand. Boroujeni said other aspects of the reprimand challenge actions he\u2019s taken as senate president, which he claims cannot be subject to a reprimand. The senate\u2019s executive committee, which he heads, filed a lengthy response to the portion of the reprimand dealing with administrative matters. More than a year later, Boroujeni is trying to get the reprimand withdrawn. Luna\u2019s \u201cusing my employment as a way to mitigate a political situation,\u201d he said, claiming that she is trying to reprimand him for positions he has taken on behalf of the faculty. \u201cShe\u2019s punishing me for doing my job when she\u2019s not even my supervisor as the president of the academic senate. We don\u2019t have supervisors,\u201d Boroujeni asserted. \u2018Unwelcome advances\u2019 Born in Iran, Boroujeni said he lived in Greece before eventually coming to the United States and enrolling at Fresno State. In Greece, he said he started using Tom as a first name instead of Farrokh and continued using it in America. He also began shortening his last name to Boroujeni \u2014 although Eizadiboroujeni remains his legal last name, according to voter registration and other public records. Boroujeni was ambitious about a career in academia. He began working in Fresno State\u2019s communication department as \u201csubstitute instructional faculty,\u201d in 2015, records show, while finishing his master\u2019s degree, and beginning to climb the teaching ranks. By 2020, Boroujeni was worried that a job within Fresno State\u2019s communication department was being taken away from him, Fresno State records show. He was the coach of the school\u2019s nationally prominent debate team, the Barking Bulldogs. But he was losing the job, and the classes he was assigned to teach were being changed in a communication department shakeup, documents show. The publication Inside Higher Ed reported on Boroujeni losing the debate coach job in October 2020 few months before the Inside Higher Ed story was published, he retroactively filed a complaint stating that in 2015, when he was a graduate student, a professor lured him into a romantic relationship \u2014 the same professor he would eventually be found to have committed an act of sexual violence against. Boroujeni claimed she sexually harassed him with \u201cunwelcome advances.\u201d But he began a relationship with her because \u201che feared rejecting (the) advances would jeopardize both his ability to graduate from Fresno State with his master\u2019s degree and his future employment opportunities because (the professor)\u201d taught in the communication department, the investigative report states. Five years after the alleged harassment, he claimed \u201cthe personnel changes were made because of the termination of the relationship with\u201d the professor. But the investigator assigned to Boroujeni\u2019s complaint found communication department leaders had \u201clegitimate reasons\u201d for the personnel shakeup and that no harassment occurred. But the harassment complaint led to revelations about a deeply held secret. The investigator, Tiffany Little, found that the alleged victim had confided in a conversation with a close friend \u201cin which (she) described the experience as rape,\u201d Little\u2019s report shows. Little met with the alleged victim. She confirmed what she had told her friend in 2015, making \u201can allegation of sexual violence\u201d against Boroujeni, Little wrote. Boroujeni told EdSource that the alleged victim fabricated the claim as retaliation for his harassment complaint. Dating colleagues Boroujeni and the alleged victim were the same age \u2014 30 \u2014 when they began dating in 2015, after he had taken one of her classes as a graduate student. On the night of June 21, 2015, they were at her apartment. Both were married. She was in the process of divorcing. He told her he had worries about his own marriage, documents show. Both acknowledged that during a make-out session, Boroujeni asked her if they could have sex. He claimed she said yes and that she provided a condom in a pinkish wrapper, according to documents. But the alleged victim told Little that she didn\u2019t consent. She first said she couldn\u2019t remember if there was a condom, then later said she was sure she hadn\u2019t provided one, as Boroujeni claimed, because she did not keep condoms in her apartment. Little\u2019s report states that when the alleged victim told her friend what happened, the friend wanted to call the police. But the alleged victim did not want to make a criminal complaint because \u201cshe did not want any of this to come out to the university because she was this young tenure track professor,\u201d Little wrote. In his statement, Boroujeni said he asked the alleged victim if she wanted to have sex and she replied \u201cmhm,\u201d which he understood as consent. The alleged victim continued to see Boroujeni, the report states. As she did, the alleged victim described to a friend how he \u201cdisregarded (her) boundaries sexually,\u201d Little wrote. That friend told Little that the alleged victim had told her there were times she did not want to have sex with Boroujeni, but \u201che pressured her until she did.\u201d Another person told Little that the alleged victim confided in 2017 that Boroujeni \u201cforced me to have sex with him.\u201d Boroujeni refused to speak with Little, choosing instead to answer her questions in writing. Those answers, Little noted, were written \u201cwith the benefit of first having seen (the alleged victim\u2019s) account and the details she provided and didn\u2019t provide.\u201d Boroujeni said he didn\u2019t speak to Little because was seriously worried about criminal exposure.\u201d He said he couldn\u2019t get legal representation for an interview because of scheduling problems. He described Little as untrained and \u201cjust somebody who works in an office in who is now in charge of a very serious allegation. \u2026 How do they hire these people? They are not an attorney. (sic) They are not an investigator. (sic) They go through minimal training.\u201d Little, who received a law degree from the University of Illinois in 2014, is now the director of civil rights and Title Compliance at Northwestern University. She didn\u2019t respond to a request for comment. Unlike Boroujeni, the alleged victim spoke with Little. She \u201cdidn\u2019t have time to reflect upon, ponder, deliberate about, and compose her answers. Instead, she answered this investigator\u2019s questions in the moment, and based only on her personal recollection. Put simply, a reasonable person could find that (her) manner of testimony supports a finding that her account was credible.\u201d Little wrote that Boroujeni told her \u201cthere are text messages that corroborate his account and requested that (the victim) submit these materials.\u201d But the alleged victim told Little she had already submitted all the texts she had. There was nothing in them that matched what Boroujeni described, Little wrote. \u201cTold this,\u201d Boroujeni \u201cnever submitted or described the messages\u201d himself, Little wrote. Boroujeni told EdSource he\u2019d deleted the messages reasonable person could find Boroujeni\u2018s assertion that there is evidence to corroborate his account, and his failure to produce or describe such evidence \u2026 to diminish the likelihood that his version of events can be corroborated and therefore the credibility of his account,\u201d Little wrote. Little concluded that she found the alleged victim had proven herself credible. Boroujeni, she wrote, \u201cdid not likely obtain consent for sexual intercourse.\u201d Fresno State ordered Boroujeni and the alleged victim to avoid each other on campus. He continued teaching. The alleged victim wasn\u2019t satisfied that the university was doing enough to protect her. She then filed a grievance and gave notice to \u201cof her plans to pursue litigation,\u201d records show. She reached a settlement in February. The university paid her $53,300 with a paid year off from teaching to conduct research. In March 2022, Fresno State notified Boroujeni about a new allegation of misconduct against him. The university placed him on administrative leave. He was notified on July 25, 2022, that the complaint was not substantiated. By then, he had resigned from Fresno State and was pursuing his career at Fresno City College. Get daily updates on California education news We are committed to keeping you informed with the latest \u2014 always free, always independent. Sign up for our daily newsletter 3rd Place \u2013 Investigative Reporting 436 14th St. Suite 310 Oakland 94612 Phone 510-433-0421 Fax 510-433-0422 [email protected] Privacy Policy 2025 RESERVED. today to stay on top of education news. indicates required Subscribe Email Address * ", "9014_102.pdf": "Fresno City College instructor had committed an act of sexual violence against a professor when he was a graduate student at Fresno State, according to an internal investigation Report: Tenured Fresno City instructor sexually assaulted Fresno State professor An investigation by Fresno State revealed sexual violence, although the instructor never faced criminal charges 29, 2023 \u00b7 \ue92e2 \ue917 \ue93f \ue940 This comes in the wake of the the California State University audit from earlier this year that found Fresno State to be severely lacking in prevention and education for sexual harassment. The big picture: According to a report by EdSource, Fresno City College communication instructor Tom Boroujeni committed sexual violence in 2015. That was determined by a 2020 investigation that Fresno State had opened based on Title IX. Boroujeni was a graduate student and part-time instructor at Fresno State in 2015, as well as a part-time instructor at Fresno City College. The alleged victim, who also teaches part-time at Fresno City College, reached a $53,000 settlement with Fresno State in February after she claimed the university did not do enough to protect her. She requested a no-contact order from Fresno City College in 2021 as a result of the Fresno State investigation. Boroujeni, who also serves as the president of the academic senate at Fresno City College, was given tenure by the school this year. There were no criminal complaints filed against Boroujeni despite the allegations. Go deeper: Boroujeni maintained his innocence in Fresno State\u2019s investigation and in an interview with EdSource. He said he had consensual sex with the Fresno State professor in June 2015 shortly after they started dating. Both of them were married to other people at the time. The Fresno State investigation found that when Boroujeni asked the alleged victim if they could have sex, she responded \u201cno.\u201d The university report states that he \u201cpinned down (her) upper region\u201d and she \u201czoned out.\u201d While Boroujeni appealed the university report to the Chancellor\u2019s Office in June 2021, it was denied just one month later. In May 2022 Boroujeni resigned from Fresno State and agreed to never apply for or accept employment on any campus. More complaints: According to EdSource, Boroujeni faces three more complaints over his interactions with three women at Fresno City College. One of the complaints was filed by Cyndie Luna, the Dean of the Fine, Performing and Communication Arts Division. She accused Boroujeni of using a racial slur when referring to a colleague and said in a \u201cmenacing and threatening\u201d tone that he \u201cwill get\u201d the colleague for gossiping about him. \ue949Share \ue94cTweet \uf0d2 Author Daniel Gligich Daniel Gligich is senior editor of The San Joaquin Valley Sun. Email him at [email protected]. Related Posts faculty set for strike next week Nearly 30,000 faculty members that are part of the California Faculty Association will strike from the nation\u2019s largest university system Fresno lawmakers halt naming police training center after Dyer An attempt by three Fresno lawmakers to name the Fresno Police training center after the city's Mayor faced stiff resistance on Thursday Fresno levies hate crime charges in Israel-Palestine protest pepper spray incident Brian Turner\u2019s defense attorney Marc Kapetan said \u201ctime will tell\u201d with the hate crime charges, citing a lack of intent on the part of his client Fresno native assumed kidnapped by Hamas in Israel Her family was on the phone with her on Saturday when Hamas terrorists entered her home Hamlet of Bakersfield: Speculation mounts of Kevin McCarthy\u2019s early retirement McCarthy could decide to step away from Congress instead of running for a 10th term after being ousted as Speaker, setting off a political firestorm in 2024 29, 2023 \u00b7 \ue92e2 Former Speaker Kevin McCarthy (R\u2013Bakersfield) is still undecided on whether or not he will run for reelection next year, but speculation is swelling that he could decline to run for re-election and exit the House of Representatives before the end of the year. He\u2019ll need to make a decision in the coming days since the deadline to file for the election in California is on the horizon next week. Driving the news: Speaking at The New York Times DealBook Summit in New York on Wednesday, McCarthy said he is still weighing his options for the upcoming election. If he opts to retire from Congress, McCarthy said he will still remain involved in Washington D.C. The deadline to file to run for Congress in California is Dec. 8. Axios reported growing speculation on Capitol Hill among the House conference of McCarthy\u2019s potential exit, pointing to sources with knowledge of McCarthy telling donors privately that he is \u201cget the hell out\u201d of Congress. The digital pub pointed to Instagram posts from McCarthy showing what appeared to be him packing up his district office in Bakersfield. Multiple sources told The Sun that McCarthy\u2019s political operation is suspending accepting contributions, another potential indicator that the ex-Speaker could be winding down his tenure. What we\u2019re watching: McCarthy is already being challenged by the right in the 20th district with Madera businessman David Giglio launching his campaign. Other candidates include Democrats John Burrows, a Fresno legislative staffer, and Andy Morales, a recent Fresno State graduate. If McCarthy decides against running for a 10th term, a seemingly endless list of Republicans in Fresno, Tulare, Kings, and Kern counties could emerge. What they\u2019re saying: \u201cIt\u2019s a serious decision to make, and have another week or so to decide because if decide to run again have to know in my heart I\u2019m giving 110- percent,\u201d McCarthy said on Wednesday have to know that want to do that also have to know if I\u2019m going to walk away, that I\u2019m going to be fine with walking away.\u201d He added that he doesn\u2019t want to look back and realize that he made an emotional decision if he walks away. \u00a9 2019 - 2025 The San Joaquin Valley Sun, a project of Valley Future Foundation, Inc. \ue949Share \ue94cTweet \uf0d2 Author Daniel Gligich Daniel Gligich is senior editor of The San Joaquin Valley Sun. Email him at [email protected].", "9014_103.pdf": "The Rampage Online \u2022 November 30, 2023 \u2022 report-of-sexual-violence-allegations/ Fresno City College Instructor Faces Resurfaced Report of Sexual Violence Allegations Story By: Sara Ohler and Jesus Herrera Yesterday, EdSource released an investigative report claiming that Tom Boroujeni, Fresno City College communication instructor and Academic Senate president, committed an \u201cact of sexual violence\u201d against a Fresno State professor during his time as a graduate student in 2015. In the report Boroujeni denied the allegations against him. Hours after the EdSource story was published, Boroujeni led a regularly scheduled Academic Senate meeting, during which no mention of the report was made. Boroujeni declined to comment on the article and allegations when approached by The Rampage after the meeting. Current Past President of the Academic Senate Michael Takeda said that the senate \u201chaven\u2019t had a chance to discuss,\u201d the situation and determine if a statement will be made. EdSource reported in a follow up article that three female instructors in the communication department at canceled classes today out of safety concerns in response to the report. One of the instructors, Tiffany Sarkisian, sent a message to her students that was obtained by EdSource. In it she said, \u201cThe environment at grows more toxic and unsafe by the day, especially as an abuser has been \u2013 and continues to be \u2013 protected by various campus leaders.\u201d Boroujeni has been an executive member of the Academic Senate for approximately three and a half years according to Takeda. Boroujeni is currently teaching only one class this fall semester. Note: This article has been edited post-publication. An error was made stating Tom Boroujeni did not teach any classes this semester. The professor did teach one class on campus. Update! Dec. 1, 2023 According to District Spokesperson Jill Wagner, Tom Boroujeni has been placed on administrative leave as of November 30. Wagner also said, \u201cMr. Boroujeni has been directed not to come into any non-public areas of the District without explicit permission from the administration.\u201d Photo of Tom Boroujeni, Fresno City College's Academic Senate President. Photo sourced from the website. This story will be updated.", "9014_104.pdf": "Last November a report by EdSource revealed Fresno City College instructor Tom Boroujeni committed an act of sexual violence against a professor, according to an internal investigation Fresno City College instructor breaks silence over sexual violence report The Fresno City College instructor wrote a blog post to detail his side of the story 11, 2024 \u00b7 \ue92e2 \ue917 \ue93f \ue940 Now, Boroujeni is telling his side of the story, as he posted on Medium. The backstory: According to the report, Boroujeni committed sexual violence in 2015, as determined by a 2020 Title investigation that Fresno State had opened when he was a graduate student at the university. At the time, Boroujeni was also a part-time instructor at Fresno State and at Fresno City College. The alleged victim, the part time professor at Fresno City College, reached a $53,000 settlement with Fresno State last February after she claimed the university did not do enough to protect her. Fresno City College placed Boroujeni on administrative leave after the report was published. Boroujeni\u2019s side: In his blog post, Boroujeni said the Title investigation filed against him was lodged in response and in retaliation to a Title investigation that he had initially filed. He had filed that investigation against Fresno State for replacing him as debate coach with someone with little experience. Boroujeni notes that Fresno State professor Katherine Adams filed the Title investigation into him immediately after being interviewed in the investigation that he had started, which named her as an influential figure in the decision to remove him as debate coach. His blog post goes back to the beginning of the story in 2014, when he began his graduate studies in Fresno State. In the spring of 2015 he took a required course taught by the alleged victim and said a pattern emerged involving her and Adams that was a \u201cwitch hunt\u201d against students of color. \u201cThe racial climate in the department was so toxic that, in my opinion, it contributed to the departure of prominent faculty,\u201d Boroujeni wrote witnessed several faculty of color and students experience racial harassment in the department.\u201d Boroujeni said he was a favored student by the two, who would discuss other students\u2019 confidential academic records. \u201cThe mental anguish these students suffered, and the scale of the impact, have been a heavy burden that haven\u2019t come to terms with, even today,\u201d Boroujeni wrote routinely have night terrors about being in that environment again.\u201d The alleged victim started making romantic advances, Boroujeni said, which left him feeling isolated and threatened, leading him to acquiesce to her as a survival strategy. Boroujeni details the night of June 21, when the incident occurred, saying he \u201cfelt somewhat compelled to have sex\u201d with the alleged victim. He later felt coerced into being in a relationship with her for over a year. Boroujeni also addresses the three Fresno City College investigations involving him, which relate to his conduct as the President of the Academic Senate. \ue949Share \ue94cTweet \uf0d2 Author Daniel Gligich Daniel Gligich is senior editor of The San Joaquin Valley Sun. Email him at [email protected]. Related Posts Biden announces student loan cancellation for over 150,000 people The program, which is based on income, clears $1.2 billion in total Claims of anti-conservative bias emerge in Fresno Unified probes of social media posts Fresno Unified School District has launched another investigation of an employee\u2019s social media postings that have been deemed offensive \u00a9 2019 - 2025 The San Joaquin Valley Sun, a project of Valley Future Foundation, Inc system backs returning affirmative action to admissions process college applicant's racial background and gender are one step closer to \u2013once again \u2013 being a key factor for being admitted to the University of California system Calif. creates pathway for elementary schools \u2013 even in Valley \u2013 to reopen California health officials released new guidelines that would allow elementary schools to reopen their campuses for in-person classes", "9014_105.pdf": "Tom Boroujeni, Fresno City College academic senate president. Credit: Mark Tabay / Fresno City College Education Fresno City College instructor placed on adminis\u2010 trative leave following EdSource report The instructor denies committing the act. by Thomas Peele and Lasherica Thornton, EdSource December 1, 2023 Overview: The move came one day after EdSoruce reported that in 2021 Fresno State University determined that in 2015, instructor Tom Boroujeni \u201ccommitted an act of sexual violence\u201d against a professor who also teaches part-time at Fresno City College. He denies committing the act. The State Center Community College District placed Fresno City College instructor and president of the school\u2019s Academic Senate, Tom Boroujeni, on administrative leave late Thursday, district officials said in a statement. District officials cited no specific reason for the action. It takes effect immediately. The move came one day after EdSoruce reported that in 2021 Fresno State determined that in 2015, Boroujeni \u201ccommitted an act of sexual violence\u201d against a professor who also teaches part-time at Fresno City College. He denies committing the act. Chancellor Carol Goldsmith did not respond to messages Thursday night. Boroujeni did not respond to messages following the district\u2019s brief announcement. In a message to the City College campus community Thursday, President Robert Pimentel wrote that \u201cinvestigative action\u201d was being taken, and that \u201cthe college takes allegations of this nature very seriously.\u201d He did not explain the specific allegations. Boroujeni, 38, of Clovis, is also known as Farrokh Eizadiboroujeni and Tom Eizadi, documents show. He has taught at Fresno City College since 2015, the same year he began his academic career at Fresno State while still a graduate student. Earlier Thursday, three female instructors in the communication department at Fresno City College refused to teach their classes, citing the EdSource report. Tiffany Sarkisian, the college\u2019s program-review coordinator and a communication arts instructor, told the administration and her students that she and others decided to stay off campus in an effort to advocate for a safe teaching, learning and working environment. \u201cThe environment at (Fresno City College) grows more toxic and unsafe by the day, especially as an abuser has been \u2013 and continues to be \u2013 protected by various campus leaders,\u201d she emailed college administrators. Late Thursday, after learning the district put Boroujeni on administrative leave, Sarkisian said the college\u2019s decision was appropriate. \u201cIt provides a space where other parties can feel safe to actually do the job of teaching and learning,\u201d she said, but the paid administrative leave is \u201cessentially rewarding (him) for behaving badly.\u201d She added that the college had deeper problems than Boroujeni. \u201cIt\u2019s not just this individual being a bad actor; it\u2019s institutionalized practices and structures that allowed this to continue for so long.\u201d \u201cThis (was) another example of an institution protecting the abuser and not the victim,\u201d she told EdSource. \u201cWhat happened on our campus should not have happened, and there should have been other structures in place.\u201d Boroujeni told EdSource in an interview that he also faces complaints from three female employees of the college for what he described as gender discrimination. He was also reprimanded last year by Cyndie Luna, dean of the school\u2019s Fine, Performing and Communication Arts Division, for unprofessional conduct that included allegedly referring to a colleague with an apparent racial slur and threatening \u201cto get\u201d the colleague, according to a copy of the reprimand letter EdSource obtained. Boroujeni claimed Luna fabricated the slur and threat she attributed to him, adding, she \u201cmakes things up all the time.\u201d He also claimed that a Fresno State professor was lying when she told an investigator that she did not consent to sex with Boroujeni in her apartment on June 21, 2015, and that he \u201cpinned down her upper region\u201d and that she \u201czoned out\u201d during what followed. EdSource does not identify victims of sexual abuse or violence. The woman declined to be interviewed. Boroujeni told EdSource the woman made up the assault allegation in retribution for a sexual harassment allegation he brought against her, claiming she seduced him into a relationship he didn\u2019t want but entered into out of fear that she would undermine his ability to earn a master\u2019s degree and become a Fresno State instructor. That claim, which Bouroujeni linked to his removal in 2020 as coach of the school\u2019s nationally prominent debate team, was dismissed by a university investigator. It was during the probe of his claim that the alleged victim told the investigator about what happened at her apartment on June 21, 2015. The investigator determined she was credible and found that Boroujeni committed what Fresno State has called \u201can act of sexual violence.\u201d The university couldn\u2019t discipline him because he was a graduate student when the alleged violence occurred. Boroujeni resigned from Fresno State last year after officials said a report on the matter would be placed in his personnel file when he was up for a performance review. In his resignation, he agreed to not seek or accept work in the California State University system again. But the matter had no immediate impact on his teaching a few miles away at Fresno City College, where the victim teaches part-time in addition to her tenured position at Fresno State State Center Community College District document obtained by EdSource shows that \u201cin August 2021, (the victim) sought a \u2018no contact order\u2019 from Fresno City College against Tom Boroujeni\u2026 as a result of a sexual misconduct investigation at Fresno.\u201d The \u2018no contact order\u2019 was granted, the document, titled an \u201cAdministrative Determination,\u201d states. The district granted Boroujeni tenure in March. He assumed the academic senate presidency in May, after a two-year term as president elect. Jill Wagner, spokesperson for SCCCD, told EdSource that Boroujeni\u2019s tenure committee \u201cconsidered multiple factors in favor of granting tenure, and areas of concern were not identified\u201d at the time of the review. Asked if the committee that considered Boroujeni\u2019s tenure had access to or was of the district\u2019s administrative determination which confirmed Fresno State\u2019s finding that an act of sexual violence had occurred, Wagner did not respond directly, writing instead that the district followed state law and the district\u2019s union contract, \u201cwhich prescribes what information can be included in tenure review.\u201d Boroujeni told Edsource that he \u201cgot tenured with the district\u2019s knowledge of everything that had happened.\u201d This story was originally published by EdSource.org. \u00a9 2025 Fresnoland Powered by Newspack English Espa\u00f1ol (Spanish) Privacy Policy", "9014_106.pdf": "Fresno City College professors continue to speak out against colleague 25, 2024 Fresno City College on Dec. 5, 2023 Credit: Lasherica Thornton/ EdSource This story has been corrected to say that 50% of senators must be present and 75% must vote to remove the president, according to the bylaws. The Fresno City College community continues to reel from an EdSource report revealing that Tom Boroujeni, a tenured communication arts instructor and president of the school\u2019s academic senate, was found to have committed an \u201cact of sexual violence\u201d against a professor and colleague at nearby Fresno State in 2015. The fallout was laid bare during Wednesday\u2019s academic senate meeting when several professors challenged the body\u2019s leadership, criticizing the executive board and demanding change, despite a plea by the acting president that attendants not use the public comment period to \u201cprosecute this (Boroujeni) case or any other case.\u201d Wednesday\u2019s meeting was the first academic senate meeting since Boroujeni was placed on paid administrative leave on Nov. 30, following the EdSource story and subsequent decision by professors to cancel classes. Because of his administrative leave status, Boroujeni, through a request handled by Fresno City College President Robert Pimentel, asked if, and or how he could speak during Wednesday meeting. He didn\u2019t show up, but the possibility that he would be at the meeting galvanized many of his colleagues. His absence did not prevent discussions about him, his case and the conduct of the academic senate, which he led Sign-up below to receive breaking news alerts from EdSource by text message. Text to quit, standard message and data rates apply. You will receive about four text messages a month. Phone Number Subscribe \u201cYou are our faculty leaders; we look to you for guidance in matters related to us,\u201d communication arts instructor Kherstin Khan said at the meeting. \u201cYour silence in the face of controversy has exacerbated the division of faculty and left many of the people that you represent feeling alienated and marginalized.\u201d As Boroujeni remains on leave, Jackie Williams, president-elect and now acting president, asked those who wished to speak during the meeting\u2019s open forum to focus only on concerns about academic and professional matters pertaining to issues concerning faculty, curriculum and their work. \u201cWe are here to work on the matters that are on the agenda,\u201d Williams said. She told EdSource that she believes in confidentiality for victims, whom she supports, but doesn\u2019t believe that anyone\u2019s personnel matters should be discussed in a public forum have witnessed firsthand how the investigations of assault can be revictimizing and traumatizing, not just to the survivor of that incident but to other survivors and those that are close to them,\u201d she said firmly support, for that reason, matters being kept confidential and being handled by the appropriate legal and human resource experts unless a survivor chooses to share their story.\u201d However, she did not stop people from speaking out about Boroujeni or the Fresno State case. She declined to comment on their criticism of the executive board. What does Fresno State case entail? Boroujeni has taught at Fresno City College since 2015, the same year he began his academic career at Fresno State while still a graduate student. The alleged victim is also a professor and Boroujeni\u2019s colleague at the city college. The State Center Community College District, parent agency to Fresno City College, learned of the sexual misconduct investigation when the alleged victim requested a no- contact order, which was granted in the spring semester of 2022. Fresno State opened the investigation based on the federal anti-discrimination law known as Title IX, records show. The investigation determined that Boroujeni committed the sexual violence in 2015. At the time of the incident, Boroujeni was a part-time instructor at Fresno City College while finishing a master\u2019s degree at Fresno State, records show. Fresno State couldn\u2019t discipline him because he was a graduate student when the alleged violence occurred, Debbie Adishian-Astone, Fresno State\u2019s vice president for administration, told EdSource. Boroujeni resigned from Fresno State in 2022 after officials said the act-of-sexual-violence report would be placed in his personnel file. The Fresno State case was not taken into account as Boroujeni was elected senate president at Fresno City College and achieved tenure in 2023, even after the community college district investigated the alleged victim\u2019s request for a stay- away order and found that sexual violence occurred. Fresno State released a redacted copy of the report to EdSource under the state\u2019s Public Records Act, explaining, \u201cGiven that Mr. Boroujeni remains active in the educational community and is teaching at a local community college, there is strong public interest in knowing that a college instructor has been previously found to have committed an act of sexual violence at another university.\u201d Academic senate presidency In May 2023, Boroujeni started a two-year term as Fresno City College\u2019s academic senate president. In that role, Boroujeni works with the school\u2019s administration in setting academic policy and hiring faculty. He assumed the academic senate presidency after a two-year term as president-elect \u2014 a rule that doesn\u2019t seem to work, said Tiffany Sarkisian, Fresno City College\u2019s program review coordinator and a communication arts instructor. Sarkisian urged the executive board to create a task force to investigate the efficacy of its bylaws, which she said need to be updated by changing its nomination process, voting procedures and board duties. Williams said the executive board has been reviewing its bylaws in light of the situation. \u201cWe\u2019re going through every line and addressing some things that we have found that were silent in the bylaws and came up because of this,\u201d she said. The bylaws only address the resignation or removal of an officer, not what to do when an officer is on leave. According to the bylaws, removing an officer requires a written petition detailing the rationale for the removal, with signatures from 25% of the academic senators; 50% of the senators must be present and 75% must vote to remove the president. Anthropology professor German Loffler submitted a petition in December, calling for Boroujeni\u2019s removal, according to Williams. Loffler has since withdrawn the petition. \u201cWe do not have an active petition; that\u2019s one mechanism that would open the conversation,\u201d Williams said. \u201cWe\u2019re not aware of another mechanism, but if it\u2019s appropriate to place it on the agenda as a discussion item, we can do that.\u201d Boroujeni\u2019s case has divided Fresno City College community Even though the community college district has placed Boroujeni on leave and launched an investigation, some faculty members expect more from the district, the college and the State Center Federation of Teachers, the union representing faculty. For example, some professors in the district called for union leaders to be transparent about their knowledge of the sexual misconduct findings at Fresno State while others expected the union to take a position on the case. For instance, Liz Romero, an early childhood education instructor at Clovis Community College, told EdSource it was \u201cdisheartening\u201d that the union, through its statement, said their responsibility was to \u201cdefend the contract\u201d and \u201cdefend the faculty\u2019s rights to due process.\u201d There have been heated union discussions among a divided faculty. On Dec. 4, the union censured Clovis Community College philosophy instructor Michael Stannard for his conduct during a discussion of the Boroujeni case at a Dec. 1 union meeting, according to union representative David Campos. The district also announced on Dec. 15 that it is investigating allegations of \u201cinappropriate behavior\u201d by many unnamed employees who allegedly made several female employees \u201cfeel unsafe\u201d during union meetings. Boroujeni requested to speak first during the public comment period on Wednesday and then be escorted off campus by police during a brief recess. The executive board declined the request, Williams said. Boroujeni published a blog post on Medium focused on \u201creclaiming my narrative\u201d on Jan. 10. The nearly 8,000-word post casts Boroujeni as the victim of sexual harassment at the hands of the alleged victim as well as racism and stereotyping because of his Middle Eastern background. Some of his colleagues, including communication arts instructor Jerry Thurston, say they believe the alleged victim. \u201cWhen women share their experiences believe them,\u201d Thurston said don\u2019t gullibly swallow anything people say, but when women tell me that someone has behaved inappropriately toward them, explaining what happened believe that that thing happened to them believe my female colleagues when they tell me someone has mistreated them.\u201d EdSource reporter Thomas Peele contributed to this story Allegations of sexual violence at Fresno State resurface at nearby City College 29, 2023 College district investigating employees\u2019 actions during union meetings on sexual violence case 15, 2023 CSU\u2019s Title Reckoning 5, 2022 436 14th St. Suite 310 Oakland 94612 Phone 510-433-0421 Fax 510-433-0422 [email protected] Privacy Policy 2025 RESERVED. Get daily updates on California education news We are committed to keeping you informed with the latest \u2014 always free, always independent. Sign up for our daily newsletter today to stay on top of education news. indicates required Subscribe Email Address *"}
8,544	Christy Ewing	Adrian College	[ "8544_101.pdf", "8544_101.pdf" ]	{"8544_101.pdf": "About Board of Directors Contact Classifieds Advertise Issues Store Apartments Near 22, 2025 investigation uncovers two female staff accused of sexually harassing male professor By Hope Dean January 17, 2020 \| 5:30am Title Photo by Screenshot of Title website \| The Independent Florida Alligator Assistant professor Mark Hart wanted a new office. He shared a wall in with Sheena Pryce Fegumps, a co-worker in the College of Public Health and Health Professions who is accused of touching Hart and making sexually explicit comments at him for more than a year. But it wasn\u2019t just Pryce Fegumps, the college\u2019s community outreach coordinator for the public health masters program. Christy Ewing, the college\u2019s former academic programs specialist for the social and behavioral sciences doctoral program, is also accused of sexually harassing him \u2014 sometimes partnering with Pryce Fegumps to do it, Hart said. The Alligator reached out to Ewing and Pryce Fegumps but neither responded before publication after a reporter sent an email, visited their office and called their work phone numbers. When Hart asked the college\u2019s administration to move his office location in November 2018, he said it didn\u2019t happen. But he didn\u2019t want anyone to get in trouble, so he said he held his tongue. But in July 2019, he decided to speak up. Hart then opened two Title investigations for sexual harassment against Pryce Fegumps and Ewing. Both investigations from UF\u2019s Office of Title Compliance, which ran from July 8 to Dec. 11, contain 100 pages worth of allegations, including those above. The investigations state that Pryce Fegumps and Ewing\u2019s actions rose to the level of sexual harassment. It also said that two deans within the college, Amy Blue and Cindy Prins, didn\u2019t report Hart\u2019s case for at least a year when they were required to report it to Title immediately under guidelines. Blue and Prins kept their positions, according to the college\u2019s website that was last updated Wednesday. Both investigations were posted online Dec. 23 by Andrew Cistola, 31, a second-year public health masters and first-year doctoral student. He created a website addressed to the public health college\u2019s dean Michael Perri that calls for transparency concerning sexual harassment cases within the college. Sources close to the investigation confirmed to The Alligator that the records are real. When a reporter asked Perri for comment on Hart\u2019s case, they forwarded The Alligator to spokesperson Steve Orlando, who declined to comment. Hart\u2019s case closed seven months after the case against Andrew Lotto, a former professor within the same college who was accused of sexually harassing multiple students and was allowed to resign instead of being fired. In a statement to The Alligator, Hart said his situation was different than many other sexual harassment cases because he did not fear that Ewing and Pryce Fegumps would jeopardize his safety. But he did share something else with other cases. \u201cWhat do think have had in common, unfortunately, is resistance in reporting my story,\u201d he wrote. \u201cMy only goal in all of this, and as this, unfortunately, spills out into a public forum, is to do my part to create an environment at and my College where everyone feels safe just wanted to feel you against me\u201d: The case It started on Nov. 5, 2017 during an American Public Health Association conference in Atlanta, Georgia. Hart, Ewing and Pryce Fegumps, among others in their department, were eating dinner at a Greek restaurant when Ewing and Pryce Fegumps began to touch Hart\u2019s upper thigh underneath the table, he told investigators. Ewing and Pryce Fegumps had allegedly been drinking and talking about how they wanted to hook up with men during the conference, according to the report. Later in the evening, Hart said Ewing and Pryce Fegumps suggested that the three of them go back to one of their rooms, according to the investigation. Hart told them he was married and wasn\u2019t interested. When interviewed by investigators, Ewing said she never touched him that night but that she could have \u201ccome up with scenarios in which she became super drunk and stumbled and maybe touched his leg.\u201d But Elizabeth Wood, the director of the public health bachelors program, told investigators she saw Ewing touch Hart\u2019s leg during the dinner. Wood declined to comment. Ewing later said she wasn\u2019t drinking that night, but then recalled an incident where she and Hart were drunk at the end of the evening. Hart allegedly grabbed her as she got out of an elevator, she told investigators. Hart told The Alligator this never happened. Pryce Fegumps told investigators she didn\u2019t remember touching Hart\u2019s leg during the conference. The investigation points out that she could recall other details about the conference, such as trying to set Ewing up with a man at a bar. The incidents continued throughout 2017 and 2018, Hart said. In another incident, Ewing allegedly offered Hart a hug and then told him just wanted to feel you against me.\u201d Pryce Fegumps is accused of saying they could use the condoms she had in her office as handouts for students and that she could relieve his stress by getting under his desk, Hart told investigators. Meredith Nappy, an academic assistant in the college who declined to comment to The Alligator, told investigators that Hart told her about some of the incidents. One included a situation where Pryce Fegumps told Hart, \u201cDo you want me to lay down on the conference table so you can ravage me?\u201d before a meeting. Ewing and Pryce Fegumps denied all accusations in the investigation files. Pryce Fegumps told investigators she believed Hart was retaliating against her due to rifts in the college year passed by. The American Health Public Association\u2019s 2018 conference took place in San Diego, and Hart took his wife with him this time, he told The Alligator and investigators. But that didn\u2019t stop Ewing and Pryce Fegumps, he alleges. During another dinner on Nov. 11, Pryce Fegumps whispered in Hart\u2019s ear that she wished his wife wasn\u2019t there so they could have some fun and rubbed his lower back, Hart told investigators. Then on Dec. 3, 2018, someone filed an anonymous complaint that Hart was undergoing sexual harassment, according to the report. Wood, who allegedly saw Ewing touch Hart\u2019s upper thigh during the 2017 conference, told investigators she was the one who filed the complaint. \u201cEvery time Dr. Hart has asked for this behavior to stop, he\u2019s been met with people calling it a joke, especially by the two women,\u201d she said, according to UF\u2019s Ethics and Compliance Hotline incident description included in the report. \u201cIt is only because he is male that this behavior has continued and not been taken seriously.\u201d Hart wrote an email to Amy Blue, the college\u2019s associate dean for educational affairs, about the situation on Dec. 11, 2018. He said he\u2019d been having four to five panic attacks a day and that his blood pressure had skyrocketed over the past year am just ready for the \u2018end game\u2019 on these issues am tired of the fight am tired of the friction,\u201d he wrote want to start 2019 with a clean slate.\u201d But 2019 did not start out the way he would have liked. Blue scheduled a Jan. 7 meeting between Hart and Perri about his concerns, but they never talked about Hart\u2019s situation during the meeting, Hart told investigators. In February, Hart said Ewing and Fegumps had started to grow hostile toward him rumor started going around that Hart was forcing Katherine Pizarro, one of his employees in the college, to babysit his children. Another said that he\u2019d recently been having drinks with the students in his class, according to the investigation. Wood told Hart that Ewing had started the babysitting rumor, and Ewing told investigators that she talked about it to some staff members \u2014 but she insisted that it was true. Blue said she followed up on both rumors and found no evidence of either, according to the investigation. Pizzaro declined to comment. Hart said the rumors are what did it. He emailed Title Director Russell Froman on July 8 to start the investigation against Ewing and Pryce Fegumps. Froman declined to comment continue to see a culture in our College of inaction, one where a lot of people who have administrative roles don\u2019t want to do the right thing when faced with difficult situations,\u201d Hart wrote have decided that am willing to see this through.\u201d \u201cThat couldn\u2019t have happened\u201d: The inaction The investigation records eight times that Hart reached out to people about his situation \u2014 including two deans in the college. After returning from the 2017 conference in Atlanta where the first incident occurred, Hart told investigators that he spoke with Cindy Prins, the public health college\u2019s assistant dean for educational affairs, about what had happened. Hart said Prins responded by saying \u201cThat couldn\u2019t have happened,\u201d and \u201cWhat did you do to make her feel she could do that?\u201d according to investigation files. Hart added he felt like his concerns were being \u201cpushed under the rug,\u201d so he didn\u2019t bring it up again until a year later. After a year of continued sexual harassment and Pryce Fegumps\u2019 advance during the 2018 conference in San Diego, Hart met with Prins and Blue to say he didn\u2019t feel comfortable working closely with Ewing or Pryce Fegumps. \u201cWhy didn\u2019t you stop this more?\u201d they asked, along with \u201cMaybe you didn\u2019t tell her strongly enough no,\u201d and \u201cWas she just getting the wrong impression?\u201d according to Hart. Blue and Prins forwarded The Alligator to Orlando, who declined to comment. Prins told investigators that this was the first time she\u2019d heard of the events, despite Hart saying he told her in 2017. Blue said she spoke with Perri about it and that they decided to not act due to the upcoming winter break and Hart\u2019s wish for the case to not go to Title IX. In January 2019, Blue contacted Lorie Martin, UF\u2019s director of human resources, who told her she was obligated to report it to Title IX, according to the investigation. However, Blue held off until March when she, Prins and Hart met with Martin to \u201chypothetically\u201d talk about Hart\u2019s situation on March 8. Martin told the group she was a mandatory reporter and would need to bring any sexual harassment allegations to the Title office \u2014 and reminded the three that they all had the same obligation to report, she told investigators. Blue forwarded Hart\u2019s Dec. 11 email to Martin three days later. It is unclear if Prins ever reported Hart\u2019s allegations to Title IX. Hart was demoted from his positions as the college\u2019s director of online learning and director of doctoral and master\u2019s programs in public health for the social behavioral sciences concentration on Oct. 29. The email from Perri did not explain why he was relieved of his duties, but Hart believes it could be because he cursed at Blue in frustration a few days earlier, he told The Alligator. Blue and Prins\u2019 handling of Hart\u2019s case goes against Title protocol, according to the investigation. \u201cAlthough Hart expressed that he did not want to officially report his sexual harassment allegations, it was the responsibility and duty of Prins and Blue to inform the Office of Title compliance,\u201d the investigation reads. The employee handbook would agree. \u201cAny employee with supervisory responsibility, as well as faculty who have knowledge of sexual harassment, is required to promptly report the matter directly to the Title Coordinator and may be disciplined for failing to do so,\u201d it reads. \u201cThere are a lot of unresolved matters\u201d: The aftermath Hart is still in the same college but is now a clinical assistant professor in the department of epidemiology. Blue kept her position as associate dean and is now the college\u2019s director of online learning, according to the college\u2019s academic staff page that was updated on Wednesday \u2014 one of Hart\u2019s former positions. Prins kept her position as the assistant dean as well. Ewing resigned from her position, Orlando told The Alligator. The college\u2019s website still lists Pryce Fegumps as the public health master program\u2019s community outreach coordinator. It is unclear whether Prins, Blue or Pryce Fegumps have been disciplined for the investigation\u2019s findings. \u201cThere are a lot of unresolved matters regarding those employees so I\u2019m not at liberty to discuss them,\u201d Orlando wrote in an email statement. Some students were upset about losing Hart as a mentor after he was removed from his positions. Alejandra Salemi, a 22- year-old second-year master\u2019s student in public health, said she collected more than 15 letters from students and staff in support of Hart in November that they then turned over to administration. \u201cDr. Hart deserves to be in this college, and think the removal of him from his positions is harmful,\u201d Salemi wrote in her own letter. \u201cHe is so gifted and talented and has impacted the students he has come across in the best ways.\u201d On Wednesday, Perri sent an email to all students, staff and faculty in the college about the sexual misconduct cases. He announced two open forums with UF\u2019s Title director on Friday \u2014 one with students from noon-1 p.m. and one with faculty and staff from 1-2:30 p.m. in the auditorium take very seriously the responsibility to provide a safe environment in which our students, faculty and staff can work and learn,\u201d Perri wrote. \u201cFailure to report or retaliation for reporting such incidents will be subject to disciplinary actions as outlined in policies.\u201d Cistola updated openlettertodeanperri.com on Thursday in response to Perri\u2019s email. The website now contains Lotto\u2019s 149- page case file, which he warns for people to read at their own discretion due to the sexual assault allegations\u2019 severity, he wrote in on the home page. Cistola listed on the home page five questions about Lotto\u2019s case to be discussed at the open forum. Cistola also expects written answers to the questions by Feb. 15. Emma Crowley, a 24-year-old master\u2019s student in public health and sexual assault survivor that works with Cistola on the website, is also gathering questions from students that she will ask at the forum in case somebody doesn\u2019t want to go or doesn\u2019t feel safe attending. \u201cThere\u2019s a lot of benefits to openly asking questions and openly providing answers that can be then added to the public record,\u201d Cistola told The Alligator. \u201cMaking sure everyone is able to speak and speak in a way where they feel safe is extremely important in the process.\u201d Contact Hope Dean at [email protected]. Follow her on Twitter @hope_m_dean. Support your local paper The Independent Florida Alligator has been independent of the university since 1971, your donation today could help #SaveStudentNewsrooms. Please consider giving today \uf111 \uf099 \uf111 \uf39e \uf111 \uf16d \uf111 \uf167 Powered by Solutions by The State News All Content \u00a9 2025 The Independent Florida Alligator and Campus Communications, Inc."}

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